CITY COUNCIL AGENDA ITEM NO. H.6
12/09/2025
In 2024, the cost to construct a digester was quoted as $43.6M, with an additional $1M per year anticipated in operating and maintenance (O&M) expenses. In addition to the high construction costs, digesters add operational complexity and require significant labor effort, likely resulting in additional staffing needs.
4. Install a Thermal Dryer
The original Project design included a thermal gas drying system and a large dried biosolids storage area that was intended to produce Class A or EQ biosolids so land application (without the restrictions associated with Class B biosolids) would be a viable disposal alternative. Thermal gas dryers burn natural gas as a heat source to evaporate water and dry biosolids. This Project would have required an expansion of the PG&E natural gas pipeline on Sunset Road and Elkins Way, and would have resulted in the ongoing use of a significant amount of natural gas.
Ongoing O&M costs for thermal dryers are significant, primarily driven by the cost to purchase natural gas and increased electrical energy demand.
In 2020, the cost for a thermal gas drying system, including engineering, construction management, and change orders was $29.4M, with an additional $1M per year anticipated in O&M expenses.
5. Install a Pyrolysis System
Similar to thermal dryers, pyrolysis systems produce Class A or EQ biosolids by evaporating water and drying out biosolids. Pyrolysis systems are unique from thermal dryers in that they heat biosolids to a much higher temperature (700°– 900° F) in an oxygen-free environment. This combination of higher temperature and lack of oxygen results in a near complete destruction of organic contaminants.
The estimated cost to install a pyrolysis system, including construction management and change orders, is $28.6M. Ongoing O&M expenses are anticipated to be $400k per year, which is significantly lower than thermal dryers because the pyrolysis process is more self-sufficient in that it produces its own fuel and does not require an ongoing fuel source like natural gas. In addition, the pyrolysis process produces “biochar” which has a commercial value and can be sold for use in several markets, resulting in a small new revenue source.
As the Project currently includes a pyrolysis system, this has already been studied under the California Environmental Quality Act (“CEQA”). Selecting another option for complying with SB 1383 may necessitate new CEQA review of the new system.
CITY COUNCIL AGENDA ITEM NO. H.6
12/09/2025
B. Compliance with Anticipated Future Regulation of Per– and Poly– Fluorylalkyl Substances (PFAS)
An additional consideration for the biosolids system upgrade is PFAS. PFAS are a class of man-made chemicals shown to have harmful effects on humans. They persist indefinitely in the environment, which is why they are referred to as “forever” chemicals. Many states have enacted legislation to regulate PFAS, with approaches varying from outright bans in consumer products, to setting drinking water standards. National class-action lawsuits against PFAS manufacturers are working their way through the courts, and Federal and State regulations are beginning to take shape, with the EPA classifying PFAS as a hazardous substance in 2024.
At least 10 states actively regulate PFAS in biosolids, with some states enacting outright bans, while others have bans triggered by monitoring levels. The California State and Regional Water board staffs are following national trends and are waiting on the EPA to finalize its risk assessment and federal standards before establishing state-wide enforceable limits, but they have already mandated monitoring and data collection. An immediate ban on land application of PFAS-contaminated biosolids does not appear likely, but PFAS contamination limits appear inevitable.
For all these reasons, PFAS is a major consideration in the decision as any short-term SB 1383 compliance measure is likely to require additional measures to deal with PFAS. Of all the options discussed above, only Option # 5 (pyrolysis) removes PFAS.
In 2023, staff’s recommendation to purchase a pyrolysis drying system was aided by the fact that it had lower O&M expenses and did not require the ongoing use of natural gas, but ultimately came down to the removal of PFAS. Staff’s concern was that a pyrolysis system would have to be installed in addition to a digester or a thermal dryer when PFAS regulations went into effect.
The table below summarizes each option and shows which options comply with SB 1383, which ensure the City complies with anticipated future PFAS regulations, and what the estimated costs are.
Option Result
SB 1383
Compliant
Destroys
PFAS
Annual
O&M
Cost
Capital
Cost
Additional
Cost for
PFAS
1. Haul
liquid
biosolids
Unclassified,
10,000 trucks
annually, local
roadway wear &
tear, uncertain
viability
Yes No $6M $0 $28.6M
CITY COUNCIL AGENDA ITEM NO. H.6
12/09/2025
Option Result
SB 1383
Compliant
Destroys
PFAS
Annual
O&M
Cost
Capital
Cost
Additional
Cost for
PFAS
2. Haul
dewatered
biosolids
Unclassified, 400
trucks annually,
increased disposal
costs, out of state
disposal,
additional
regulatory
uncertainty
Yes No $2M $0 $28.6M
3. Install
digester
Class B, limited
fertilizer options,
added complexity
and labor
Yes No $1M $43.6M $28.6M
4. Install
thermal
dryer
Class A, more
fertilizer options,
ongoing fuel
usage
Yes No $1M $29.4M $28.6M
5. Install
pyrolysis
Class A, options in
addition to
fertilizer, revenue
generator
Yes Yes $0.4M $28.6M $0
C. Costs Already Expended
The final factor to consider is that the City has already purchased a pyrolysis system at a cost of $23.4M. If an option other than installing the already-purchased pyrolysis system is considered, the City will lose a considerable amount of its investment, as the resale value of a system like this will be a small fraction of the purchase price.
Conclusion
Staff’s recommendation is to move forward with installation of the pyrolysis system, which will not only comply with SB 1383 mandates, but will ensure the City does not have to expend additional funds for PFAS compliance in the future and will yield the best return on the funds already expended to purchase a pyrolysis system.
CITY COUNCIL STRATEGIC INITIATIVE
Focus Area 1, Goal 2.a - Water, Wastewater and Solid Waste Services: Provide safe and sustainable water, wastewater and solid waste services for the build-out of the City per the City’s General Plan.
PREVIOUS ACTION
Previous Action by the City Council is included on Attachment 1.
CITY COUNCIL AGENDA ITEM NO. H.6
12/09/2025
DATE OF NOTICE
Not Applicable
ENVIRONMENTAL DETERMINATION
Not Applicable
ALTERNATIVE OPTION(S)
Alternative Options to comply with SB 1383 requirements for biosolids include:
1) Haul liquid biosolids to another local WWTP for processing. 2) Haul dewatered biosolids to another facility for processing or an out of state landfill.
3) Install an anaerobic digester to meet land application requirements for biosolids to be used as fertilizer.
4) Install a thermal dryer.
5) Install a pyrolysis system.
ATTACHMENT(S)
1. Previous Action
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 January 25, 2016, by Resolution No. 2016-05, the City Council adopted a resolution for the reimbursement of moneys provided by the State of California for Water and Wastewater Infrastructure Projects.
On October 26, 2016, by Resolution No. 2016-147, the City Council adopted a Resolution required for securing State Revolving Fund funding for the Wastewater Treatment Plant Expansion – Phase II, CIP Project No. 592-59140; authorized the City Manager or designee to take certain actions regarding the reimbursement of moneys provided by the State of California for water and wastewater infrastructure projects; and repealed Resolution No. 2016-05.
On July 11, 2017, by Resolution No. 2017-102, the City Council approved and authorized the City Manager to take certain actions regarding: 1) a financing agreement with the State of California pertaining to certain recycled water infrastructure projects, and 2) the repayment of moneys owed the State of California for the financing of certain recycled water and wastewater infrastructure projects.
On October 24, 2017, by Resolution No. 2017-133, the City Council approved and authorized the City Manager to execute an Agreement for Construction Management Services with The Covello Group in a not-to-exceed amount of $1,022,577, which included a 10% contingency, for the: Municipal Services Center, CIP Project No. 337- 37206; Non-Potable Storage Facility, CIP Project No. 592-59198; and Wastewater Treatment Plant Expansion – Phase II, CIP Project No. 592-59140.
On November 12, 2019, by Resolution No. 2019-123, the City Council approved and authorized the City Manager to execute a Financing Agreement and related documentation with the State of California regarding the Wastewater Treatment Plant Expansion, CIP Project No. 592-59140; designated the City Manager to serve as the City’s authorized representative in carrying out the City’s responsibilities under the Financing Agreement; and authorized the City’s Finance and Information Systems’ Director to amend the Wastewater Treatment Plant Expansion – Phase II, CIP Project No. 592-59140, and the 2019/20 – 2023/24 Capital Improvement Program budget to increase it due to anticipated higher project costs.
On November 12, 2019, by Resolution No. 2019-124, the City Council approved a resolution regarding the reimbursement of moneys provided by the State of California for the Wastewater Treatment Plant Expansion, CIP Project No. 592-59140; and repealing Resolution No. 2016-147.
On June 23, 2020, by Resolution No. 2020-84, the 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 Wastewater Treatment Plant Expansion - Phase II, CIP Project No. 592-59140, with C. Overaa & Company in the amount of $44,516,000 plus a 10% contingency of $4,451,600, for a total amount of $48,967,600.
On February 14, 2023, by Resolution No. 2023-17, the City Council: 1) approved the contract documents, and authorized the City Manager or designee to execute an agreement with TW Associates LLC, dba Miscowater LLC, and necessary documents, including amendments, in the amount of $18,991,000, plus a 10% contingency of $1,899,100, for a total amount of $20,890,100, for biosolids drying and pyrolysis system equipment and services; 2) amended the 2022/23 – 2026/27 CIP to include the updated Wastewater Treatment Plant Expansion – Phase II (CIP Project No. 592- 59140) project sheet in the amount of $93,635,000; and 3) amended the 2022/23 operating budget to allow for the associated funding transfers.
On November 14, 2023, by Resolution No. 2023-133, the City Council approved and authorized the City Manager or designee to execute an agreement for civil engineering services, and necessary documents, including amendments, with Water Works Engineers, LLC in the amount of $986,960, plus funding authorization for a 10% contingency of $98,696, for a total amount of $1,085,656 for the Biosolids Dryer/Pyrolysis System Project as part of the Wastewater Treatment Plant Expansion - Phase II, CIP Project No. 592-59140.
On July 22, 2025, by Resolution No. 2025-82, the City Council: 1) adopted the 2025/26–2029/30 Capital Improvement Program; and 2) amended the 2025/26 Operating Budget to account for all revenues, appropriations, project funding transfers and Development Impact Fee revenue and expenditure budgets as detailed in the 2025/26 – 2029/30 CIP, which included Wastewater Treatment Plant Expansion – Phase II, CIP Project No. 592-59140.
On October 14, 2025, City Council received an update on the Wastewater Treatment Plant Expansion – Phase II Project and provided direction needed to complete the capacity expansion portion of the Project, and asked staff to bring back additional information and options related to the biosolids system upgrade portion of the Project.
CITY COUNCIL AGENDA ITEM NO. H.7
12/09/2025
SUBJECT: Increase the funding authorization with Overaa & Company; TW Associates LLC, dba MISCOwater LLC; and Water Works
Engineers, LLC, for the Wastewater Treatment Plant Expansion – Phase II
DEPARTMENT: Public Works
STAFF: Casey Wichert, Director of Public Works
Mark Huber, Wastewater Operations Manager
Vatsal Patel, Engineering Manager
TITLE/RECOMMENDATION
Adopt a Resolution 1) approving an increase in funding authorization with C. Overaa & Company (“Overaa”) in the amount of $1,500,000; 2) approving an increase in funding authorization with TW Associates LLC, dba MISCOwater LLC (“MISCOwater”) in the amount of $2,500,000; 3) approving an increase in funding authorization with Water Works Engineers, LLC (“Water Works”) in the amount of $650,000, for the Wastewater Treatment Plant Expansion – Phase II, CIP Project No. 592-59140 (“Project”) and 4) authorizing the City Manager or designee to execute necessary documents to effectuate these actions.
City Council adopted a Mitigated Negative Declaration for the Wastewater Treatment Plant – Phase II on August 9, 2016. A Supplemental Mitigated Negative Declaration, which evaluated modifications related to this Project, was adopted in 2023. Finally, an Addendum to these documents, which analyzes additional Project revisions, is on tonight’s agenda for City Council’s consideration.
FISCAL IMPACT
Council approval of this action would authorize $4.65 million in additional funding authorization, as detailed below. Excluding potential future bond funding, current Project funding of $93,635,000 is included in the 2025/26 – 2029/30 Capital Improvement Program (“CIP”) which has sufficient funding for the requested additional funding. The Project is funded by Wastewater Development Impact Fees, the Wastewater Enterprise Fund, Wastewater Replacement Fund, and a State Revolving Fund loan to be repaid by the Wastewater Enterprise Fund and Wastewater
CITY COUNCIL AGENDA ITEM NO. H.7
12/09/2025
Development Impact Fees. SRF loan repayments will be funded by 69% Wastewater Development Impact Fees and 31% Wastewater Enterprise Fund.
Details of the proposed increases are summarized below:
Construction Contract with Overaa:
The construction contract with Overaa was originally approved in the amount of $44,516,000, plus a 10% contingency of $4,451,600, for a total funding authorization amount of $48,967,600. Staff is requesting an increase of $1,500,000, for a new total funding authorization amount of $50,467,600.
Equipment Purchase Agreement with MISCOwater:
The agreement for biosolids drying and pyrolysis system with MISCOwater was originally approved in the amount of $18,991,000, plus a 10% contingency of $1,899,100, for a total funding authorization amount of $20,890,100. Staff is requesting an increase of $2,500,000, for a new total funding authorization amount of $23,390,100,
Civil Engineering Services Agreement with Water Works:
The agreement with Water Works was originally approved in the amount of $986,960, plus a 10% contingency of $98,696, for a total funding authorization amount of $1,085,656. Staff is requesting an increase of $650,000, for a new total funding authorization amount of $1,735,656.
BACKGROUND
The existing 5.0 million gallons per day (“mgd”) Wastewater Treatment Plant (“Plant”) completed construction in 2003 and was planned and built to facilitate future expansions. The Plant is currently at 82% capacity, and the Project is needed to service final estimated buildout population of the City anticipated in the current General Plan.
Construction of the Wastewater Treatment Plant Expansion – Phase II (“Expansion”) began in FY 2020/21 and the improvements include expanding the hydraulic treatment capacity of the Plant from 5.0 mgd to 6.4 mgd.
On October 14, 2025, the City Council received an update on the Wastewater Treatment Plant Expansion – Phase II Project and provided direction needed to complete the capacity expansion portion of the Project, and asked staff to bring back
CITY COUNCIL AGENDA ITEM NO. H.7
12/09/2025
additional information and options related to the biosolids system upgrade portion of the Project.
Increase in Funding Authorization with C. Overaa & Company:
In June 2020, the City Council awarded a contract to C. Overaa & Company for the expansion. Construction began in 2020; however, supply chain issues related to the COVID-19 pandemic, design complications, and historic inflation caused delays and complications resulting in significant cost increases.
While the expansion scope of work is 95% complete, the remaining task of installing a new 21kV PG&E service connection, and some start-up and commissioning activities have been significantly delayed. These items are part of the critical path and the project cannot be closed out and accepted until these items are complete.
Staff is waiting on the final cost accounting of the construction change orders with Overaa.
Increase in Funding Authorization with MISCOwater:
Biosolids are one end product of the wastewater treatment process. Installation of the biosolids drying and pyrolysis equipment (“Equipment”) is necessary for compliance with requirements set forth by Senate Bill (“SB”) 1383, as biosolids are no longer allowed to be disposed of in landfills. Staff researched several technologies capable of processing biosolids into a Class A product, which can be disposed of in ways other than landfills. Class A biosolids may be land-applied, which means they are used as fertilizer and in some cases can be a marketed commodity, rather than being disposed of as a waste product.
In February 2023, the City Council approved an agreement to purchase the Equipment from MISCOwater, which includes 1) the drying and pyrolysis system and special services during design for construction contract documents; 2) equipment supply and delivery; 3) services during construction; and 4) operational assistance for one year.
In November 2025, Contract Change Order No. 1 (utilizing contingency funds) was executed in the amount of $154,756.92. However, there are additional changes to the Equipment that are necessary to realize a significant construction savings, and to integrate the Equipment into the existing wastewater treatment process.
Additionally, the Equipment that has been purchased and/or delivered is subject to current United States tariffs that did not exist when the Equipment was originally purchased. The total cost of these additional changes is $3.4 million and the
CITY COUNCIL AGENDA ITEM NO. H.7
12/09/2025
requested $2.5 million increase, along with utilization of previously approved contingency of $688,069, would be sufficient to cover the cost of the additional changes, and remaining tariffs.
Increase in Funding Authorization with Water Works:
In November 2023, an agreement for Civil Engineering Services was awarded to Water Works to perform the civil, structural, and electrical design work necessary to install the biosolids drying and pyrolysis system. Engineering design work for the supporting infrastructure began later that year.
Installation of the biosolids drying and pyrolysis equipment had been incorporated into the larger Solid Waste (“SW”) Organics Diversion project because doing so made the Equipment and its installation eligible for $21M in tax incentives. However, the SW Organics Diversion became infeasible due to the final project cost estimate reaching $160 million. With the SW Organics Diversion project not moving forward, additional design services are required to relocate and integrate the Equipment into the existing wastewater treatment process. The total estimate of these costs are $650,000.
Therefore, staff is recommending approving the increased funding, and authorizing the City Manager or designee to execute the necessary documents to effectuate these actions.
CITY COUNCIL STRATEGIC INITIATIVE
Focus Area 1 - Goal 2: Water, Wastewater, and Solid Waste Services: Provide safe and sustainable water, wastewater, and solid waste services for the build-out of the City per the City’s General Plan.
PREVIOUS ACTION
Previous Action by the City Council is included on Attachment 1.
DATE OF NOTICE
Not Applicable.
ENVIRONMENTAL DETERMINATION
City Council adopted a Mitigated Negative Declaration for the Wastewater Treatment
CITY COUNCIL AGENDA ITEM NO. H.7
12/09/2025
Plant – Phase II on August 9, 2016. A Supplemental Mitigated Negative Declaration, which evaluated modifications related to this Project, was adopted in 2023. Finally, an Addendum to these documents, which analyzes additional Project revisions, is on tonight’s agenda for City Council’s consideration.
ALTERNATIVE OPTION(S)
Alternative Options to the Staff Recommendation:
1. Do not approve staff’s recommendation.
2. Modify staff’s recommendation.
3. Continue item with direction for staff to return with additional information.
ATTACHMENT(S)
1. Previous Action
2. Resolution– Increase Funding Authorization with Overaa
3. Resolution– Increase Funding Authorization with MISCOwater
4. Resolution– Increase Funding Authorization with Water Works
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 January 25, 2016, by Resolution No. 2016-05, the City Council adopted a resolution for the reimbursement of moneys provided by the State of California for Water and Wastewater Infrastructure Projects.
On October 26, 2016, by Resolution No. 2016-147, the City Council adopted a Resolution required for securing State Revolving Fund funding for the Wastewater Treatment Plant Expansion – Phase II, CIP Project No. 592-59140; authorized the City Manager or designee to take certain actions regarding the reimbursement of moneys provided by the State of California for water and wastewater infrastructure projects; and repealed Resolution No. 2016-05.
On July 11, 2017, by Resolution No. 2017-102, the City Council approved and authorized the City Manager to take certain actions regarding: 1) a financing agreement with the State of California pertaining to certain recycled water infrastructure projects, and 2) the repayment of moneys owed the State of California for the financing of certain recycled water and wastewater infrastructure projects.
On October 24, 2017, by Resolution No. 2017-133, the City Council approved and authorized the City Manager to execute an Agreement for Construction Management Services with The Covello Group in a not-to-exceed amount of $1,022,577, which included a 10% contingency, for the: Municipal Services Center, CIP Project No. 337- 37206; Non-Potable Storage Facility, CIP Project No. 592-59198; and Wastewater Treatment Plant Expansion – Phase II, CIP Project No. 592-59140.
On November 12, 2019, by Resolution No. 2019-123, the City Council approved and authorized the City Manager to execute a Financing Agreement and related documentation with the State of California regarding the Wastewater Treatment Plant Expansion, CIP Project No. 592-59140; designated the City Manager to serve as the City’s authorized representative in carrying out the City’s responsibilities under the Financing Agreement; and authorized the City’s Finance and Information Systems’ Director to amend the Wastewater Treatment Plant Expansion – Phase II, CIP Project No. 592-59140, and the 2019/20 – 2023/24 Capital Improvement Program budget to increase it due to anticipated higher project costs.
On November 12, 2019, by Resolution No. 2019-124, the City Council approved a resolution regarding the reimbursement of moneys provided by the State of California for the Wastewater Treatment Plant Expansion, CIP Project No. 592-59140; and repealing Resolution No. 2016-147.
On June 23, 2020, by Resolution No. 2020-84, the 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 Wastewater Treatment Plant Expansion - Phase II, CIP Project No. 592-59140, with C. Overaa & Company in the amount of $44,516,000 plus a 10% contingency of $4,451,600, for a total amount of $48,967,600.
On February 14, 2023, by Resolution No. 2023-17, the City Council: 1) approved the contract documents, and authorized the City Manager or designee to execute an agreement with TW Associates LLC, dba Miscowater LLC, and necessary documents, including amendments, in the amount of $18,991,000, plus a 10% contingency of $1,899,100, for a total amount of $20,890,100, for biosolids drying and pyrolysis system equipment and services; 2) amended the 2022/23 – 2026/27 CIP to include the updated Wastewater Treatment Plant Expansion – Phase II (CIP Project No. 592- 59140) project sheet in the amount of $93,635,000; and 3) amended the 2022/23 operating budget to allow for the associated funding transfers.
On November 14, 2023, by Resolution No. 2023-133, the City Council approved and authorized the City Manager or designee to execute an agreement for civil engineering services, and necessary documents, including amendments, with Water Works Engineers, LLC in the amount of $986,960, plus funding authorization for a 10% contingency of $98,696, for a total amount of $1,085,656 for the Biosolids Dryer/Pyrolysis System Project as part of the Wastewater Treatment Plant Expansion - Phase II, CIP Project No. 592-59140.
On July 22, 2025, by Resolution No. 2025-82, the City Council: 1) adopted the 2025/26–2029/30 Capital Improvement Program; and 2) amended the 2025/26 Operating Budget to account for all revenues, appropriations, project funding transfers and Development Impact Fee revenue and expenditure budgets as detailed in the 2025/26 – 2029/30 CIP, which included Wastewater Treatment Plant Expansion – Phase II, CIP Project No. 592-59140.
On October 14, 2025, the City Council received an update on the Wastewater Treatment Plant Expansion – Phase II Project and provided direction needed to complete the capacity expansion portion of the Project, and asked staff to bring back additional information and options related to the biosolids system upgrade portion of the Project.
RESOLUTION NO. 2025-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BRENTWOOD APPROVING AN INCREASE IN THE FUNDING
AUTHORIZATION WITH C. OVERAA & COMPANY IN THE
AMOUNT OF $1,500,000, FOR THE WASTEWATER TREATMENT
PLANT EXPANSION – PHASE II, CIP PROJECT NO. 592-59140
(“PROJECT”), AND AUTHORIZING THE CITY MANAGER OR
DESIGNEE TO EXECUTE NECESSARY DOCUMENTS TO
EFFECTUATE THESE ACTIONS
WHEREAS, the existing City of Brentwood 5 million gallons per day (“mgd”) Wastewater Treatment Plant (“Plant”) completed construction in 2003 and was planned and built to accommodate future expansions; and WHEREAS, as the Plant is nearing capacity, the Project is needed to service current and final buildout of the City per the current General Plan; and WHEREAS, the Wastewater Treatment Plant Expansion – Phase II (“Expansion”) began in FY 2020/21 and the improvements include expanding treatment capacity of the Plant to 6.4 mgd; and
WHEREAS, in June 2020, by Resolution No. 2020-84, the City Council awarded a construction contract to C. Overaa & Company (“Overaa”) for the Expansion and construction began in 2020; and
WHEREAS, the construction contract with Overaa was approved in the amount of $44,516,000 plus a 10% contingency of $4,451,600, for a total not-to-exceed amount of $48,967,600; and
WHEREAS, on October 14, 2025, the City Council received an update on the Project and provided direction needed to complete the capacity expansion portion of the Project; and
WHEREAS, staff was directed to return for approval and authorization of the funding; and
WHEREAS, staff is waiting on the final cost accounting of the construction change order requests from Overaa; and
WHEREAS, the total estimate of these construction change order requests will not exceed $1.5 million; and
WHEREAS, staff is requesting an increase in funding authorization with Overaa in the amount of $1,500,000 and authorization of the City Manager or designee to execute necessary documents to effectuate these actions for the Project; and
WHEREAS, staff is requesting the $1,500,000 increase be allotted to the existing contingency funds for Overaa.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood does hereby approve and authorize an increase in funding authorization with C. Overaa & Company in the amount of $1,500,000; and authorizes the City Manager or designee to execute necessary documents to effectuate these actions for the Wastewater Treatment Plant Expansion – Phase II, CIP Project No. 592-59140.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 9th day of December 2025 by the following vote:
RESOLUTION NO. 2025-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BRENTWOOD AUTHORIZING AN INCREASE IN THE FUNDING
AUTHORIZATION WITH TW ASSOCIATES LLC, DBA
MISCOWATER LLC IN THE AMOUNT OF $2,500,000, FOR THE
WASTEWATER TREATMENT PLANT EXPANSION – PHASE II, CIP
PROJECT NO. 592-59140 (“PROJECT”), AND AUTHORIZING THE
CITY MANAGER OR DESIGNEE TO EXECUTE NECESSARY
DOCUMENTS TO EFFECTUATE THESE ACTIONS
WHEREAS, the existing 5 million gallons per day (“mgd”) Wastewater Treatment Plant (“Plant”) completed construction in 2003 and was planned and built to accommodate future expansions; and
WHEREAS, as the Plant is nearing capacity, the Project is needed to service current and final buildout of the City per the current General Plan; and WHEREAS, the Wastewater Treatment Plant Expansion – Phase II (“Expansion”) began in FY 2020/21 and the improvements include expanding treatment capacity of the Plant to 6.4 mgd; and
WHEREAS, the final phase of the Expansion work includes construction and installation of the biosolids drying and pyrolysis equipment (“Equipment”) necessary for compliance with requirements set forth by Senate Bill 1383, as state law no longer allows biosolids to be disposed of in landfills; and
WHEREAS, in February 2023, by Resolution No. 2023-17, the City Council approved an agreement to purchase the Equipment from TW Associates LLC, dba MISCOwater LLC (“MISCOWater”), which includes 1) system and special services during design for construction contract documents; 2) equipment supply and delivery; 3) services during construction; and 4) operational assistance for one year; and
WHEREAS, the agreement with MISCOWater was previously approved in the amount of $18,991,000 plus a 10% contingency of $1,899,100, for a total not-toexceed amount of $20,890,100; and WHEREAS, due to the relocation of the Equipment to integrate into the existing wastewater treatment process, there are design changes required with MISCOWater; and
WHEREAS, on October 14, 2025, the City Council received an update on the Project, provided direction needed to complete the capacity expansion portion of the Project, and directed staff to return for approval and authorization of the funding; and
WHEREAS, the Equipment that has been purchased and/or delivered is subject to current United States tariffs that did not exist when the Equipment was originally purchased; and
WHEREAS, staff is requesting an increase in funding authorization with MISCOWater in the amount of $2,500,000 to cover these changes; and WHEREAS, authorization of the increase in funding will be effectuated as shown in the table below, and will leave a remaining balance of contingency funds of approximately $901,517; and
WHEREAS, staff recommends approval of the increase in funding authorization with MISCOWater in the amount of $2,500,000, and authorization to the City Manager or designee to execute necessary documents to effectuate these actions for the Project.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood does hereby approve and authorize an increase in funding authorization with TW Associates LLC, dba MISCOwater LLC in the amount of $2,500,000, and authorizes the City Manager or designee to execute necessary documents to effectuate these actions for the Wastewater Treatment Plant Expansion – Phase II, CIP Project No. 592-59140.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 9th day of December 2025 by the following vote:
Base Contract Contingency Total
Original Contract $ 19,145,756.92 $ 1,744,343.08 $ 20,890,100.00 Change Order #1 $ 154,756.92 $ (154,756.92) $ -
Additional Funding Requested $ 2,500,000.00 $ - $ 2,500,000.00 Utilization of Contingency $ 688,069.08 $ (688,069.08) $ - Proposed New Funding Authorization $ 22,488,582.92 $ 901,517.08 $ 23,390,100.00
MISCOWATER
RESOLUTION NO. 2025-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BRENTWOOD APPROVING AN INCREASE IN THE FUNDING
AUTHORIZATION WITH WATER WORKS ENGINEERS, LLC IN THE
AMOUNT OF $650,000, FOR THE WASTEWATER TREATMENT
PLANT EXPANSION – PHASE II, CIP PROJECT NO. 592-59140
(“PROJECT”), AND AUTHORIZING THE CITY MANAGER OR
DESIGNEE TO EXECUTE NECESSARY DOCUMENTS TO
EFFECTUATE THESE ACTIONS
WHEREAS, the existing 5 million gallons per day (“mgd”) Wastewater Treatment Plant (“Plant”) completed construction in 2003 and was planned and built to accommodate future expansions; and
WHEREAS, as the Plant is nearing capacity, the Project is needed to service current and final buildout of the City per the current General Plan; and WHEREAS, the Wastewater Treatment Plant Expansion – Phase II (“Expansion”) began in FY 2020/21 and the improvements include expanding treatment capacity of the Plant to 6.4 mgd; and
WHEREAS, supply chain issues related to the COVID-19 pandemic, design complications, and inflation caused delays and complications resulting in significant cost increases; and
WHEREAS, the final phase of the Expansion work includes construction and installation of the biosolids drying and pyrolysis equipment (“Equipment”) necessary for compliance with requirements set forth by Senate Bill 1383 as state law no longer allows biosolids to be disposed of in landfills; and
WHEREAS, in November 2023, an Civil Engineering Services Agreement was awarded to Water Works Engineers, LLC (“Water Works”), which includes engineering design work for the supporting infrastructure began later that year; and WHEREAS, with the Solid Waste Organics Diversion not moving forward, additional design services are required to relocate and integrate the Equipment into the existing wastewater treatment process and the total estimate of these costs are $650,000; and
WHEREAS, the agreement with Water Works was previously approved in the amount of $986,960 plus a 10% contingency of $98,696, for a total not-to-exceed amount of $1,085,656; and
WHEREAS, the increase in funding authorization for Water Works adds $650,000 to the agreement, for a new total not-to-exceed amount of $1,735,656; and
WHEREAS, on October 14, 2025, the City Council received an update on the Project and provided direction needed to complete the capacity expansion portion of the Project; and
WHEREAS, staff was directed to return for approval and authorization of the funding; and
WHEREAS, staff is recommending approving and authorizing an increase in funding authorization with Water Works in the amount of $650,000, and authorizing the City Manager or designee to execute necessary documents to effectuate this change.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood does hereby approve and authorize an increase in funding authorization with Water Works Engineers, LLC in the amount of $650,000, and authorizes the City Manager or designee to execute necessary documents to effectuate this action for the Wastewater Treatment Plant Expansion – Phase II, CIP Project No. 592-59140.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 9th day of December 2025 by the following vote:
CITY COUNCIL AGENDA ITEM NO. H.8
12/09/2025
SUBJECT: Consider a Request from Mayor Meyer and Council Member Mendoza for Allocation of Economic Development Grant Funds and staff time for a 2026 Winter Market or similar project DEPARTMENT: City Manager’s Office
STAFF: Darin Gale, Assistant City Manager
Amanda McVey, City Clerk
TITLE/RECOMMENDATION
Request to prepare a report and recommendation for the allocation of current and future Economic Development Grant funds to support the creation and operation of a Winter Market in 2026.
The event would serve as an opportunity to promote local economic activity, attract visitors to the downtown area, and foster community engagement during the holiday season.
FISCAL IMPACT
To be determined by staff based on available and projected Economic Development Grant funds.
BACKGROUND
Pursuant to Rule 4.4 (a)(2) of the City Council 110-1, a request was made to the Interim City Manager by Mayor Meyer and Council Member Mendoza on October 25, 2025. Per Rule 4.4, City Council discussion is limited to whether staff time and City resources should be spent on the item and the time period for scheduling.
The attached correspondence is a request from Councilmember Mendoza and Mayor Meyer seeking evaluation of a potential new project concept. The attachment provides the initial scope and background as conveyed by the requestors and is included for reference and context.
At this time, staff is seeking direction from the City Council regarding the desired goals and outcomes for this proposal. Should the City Council wish to move forward,
CITY COUNCIL AGENDA ITEM NO. H.8
12/09/2025
staff recommends that any action remain open ended to allow for further analysis, refinement, and development of potential alternatives. This will ensure staff has the flexibility to explore a range of options (such as operational models, partnership opportunities, cost considerations, and implementation strategies) that best align with the Council’s stated objectives.
If approved and upon receiving clear goals and parameters from the City Council, staff will return at a future meeting with a more detailed assessment, including possible approaches, options, estimated costs, and recommended next steps.
ATTACHMENT(S)
1. Exhibit A: Submitted Request and Winter Market Concept Images
Future Agenda Item Request as submitted by Council Member Mendoza and seconded by Mayor Meyer on October 25, 2025:
City Council Agenda Item Request
Requested by: Mayor Meyer and Council Member Mendoza
Subject: Allocation of Economic Development Grant Funds and staff time for a 2026 Winter Market Purpose / Recommendation:
Requesting to prepare a report and recommendation for the allocation of current and future Economic Development Grant funds to support the creation and operation of a Winter Market in 2026.
The event would serve as an opportunity to promote local economic activity, attract visitors to the downtown area, and foster community engagement during the holiday season.
Background:
The City currently maintains an account with remaining Economic Development Grant fundsthat can be strategically used to support community-based economic initiatives. A Winter Market aligns with the City’s goals of enhancing local business visibility, supporting small enterprises, and creating family-friendly community events.
Proposed Features:
1. Uniform Market Sheds:
o Purchase and installation of uniform, high-quality sheds or kiosks for participating vendors to ensure a cohesive and professional appearance.
2. Expanded “Santa Spot”:
o Double the size of the vendor kiosk for Santa area to accommodate higher attendance and improve accessibility for families.
3. Community Stage:
o Stage area forlocal groups to perform music, dance, and public readings, highlighting local talent and diversity.
4. Planning Committee:
o Mayor Meyer and Council Member Mendoza request to serve on the Winter Market Planning Committee, working in collaboration with City staff, (Park & Rec and Economic Development) , and community partners to guide event planning and implementation.
Fiscal Impact:
To be determined by staff based on available and projected Economic Development Grant funds.
Requested Action:
That the City Council direct staff to:
1. Develop a proposal for funding, planning, and implementing a Winter Market during November and December 2026 using current and future Economic Development Grant funds.
2. Establish a Winter Market Planning Committee including the Mayor, Council Member Mendoza, and designated City staff.
3. Include local businesses and business organizations in the process of recruiting and selecting market vendors.
4. Develop a marketing and outreach plan designed to drive regional tourism from the Bay Area.
5. Return to the Council with a proposed budget, timeline, and partnership plan for approval.
CITY COUNCIL AGENDA ITEM NO. H.9
12/09/2025
SUBJECT: Consider a request from Vice Mayor Pierson and Council Member Mendoza Concerning the Affordable Housing Program
DEPARTMENT: City Manager’s Office
STAFF: G. Harold Duffey, City Manager
Amanda McVey, City Clerk
TITLE/RECOMMENDATION
That the City Council consider and discuss Vice Mayor Pierson and Council Member Mendoza’s request that the City Council review the goals of the program, the process of buyer notification and selection, and a potential update of the Municipal Code specific to our affordable housing program.
FISCAL IMPACT
There is no fiscal impact associated with this agenda item, unless direction is provided to review or modify the City’s processes related to the affordable housing program, including amending any related Municipal Code sections.
BACKGROUND
Pursuant to Rule 4.4 (a)(2) of the City Council 110-1, a request was made to the City Manager by Vice Mayor Pierson and Council Member Mendoza on November 14, 2025.
Per Rule 4.4, City Council discussion is limited to whether staff time and City resources should be spent on the item and the time period for scheduling.
PREVIOUS ACTION
Not Applicable
DATE OF NOTICE
Not Applicable
ATTACHMENT(S)
None