Concord City Council
January 10, 2022

1 COUNCILMEMBERS
Dominic D. Aliano, Mayor
Laura M. Hoffmeister, Vice Mayor
Edi E. Birsan
Timothy A. McGallian
Carlyn S. Obringer
Civic Center
1950 Parkside Drive
Concord, CA 94519
www.cityofconcord.org
Special Meeting of the
Concord City Council/City
Council Sitting as the
Local Reuse
Authority/City Council
Sitting as the
Concord/Pleasant Hill
Health Care District
Monday,
January 10, 2022
6:30 p.m. - Open Session
7:00 p.m. – Redistricting Public
Hearing
Various
telephonic/electronic
locations
Pursuant to Elections Code Section 21607.1, Item 8.a, which is the public hearing on the redistricting process, has been noticed with a 7:00 p.m. start time. If the Council is addressing another agenda item when that start time occurs, the Council may first conclude the other item, including any associated public comment.

Pursuant to AB 361, the City is authorized to hold public meetings via teleconferencing and to make public meetings accessible telephonically or otherwise electronically to all members of the public, without making available any physical location for the public.

City of Concord Rules: The City of Concord has declared a local state of emergency due to COVID-19 and is closed to the public. This Concord City Council meeting is an essential event, therefore it has not been cancelled. However, City of Concord officials and staff will conduct this meeting telephonically or otherwise electronically. The City will not make available any physical location from which members of the public may observe the meeting and offer public comment. Instead, members of the public may observe and address the meeting remotely.

Below is information on how to do that.
2 How to Watch the Meeting:
Watch on TV on Comcast Channel 28, Wave Channel 29, and U-verse Channel 99 Watch the TV broadcast through the City’s website by following THIS LINK Watching Live Streaming of the meeting by following THIS LINK Under California law, public comments at special meetings are limited to subjects on the agenda only. Therefore, public comment will only be taken prior to Council’s consideration of items specifically listed on tonight’s Agenda. There will be no General Public Comment Period.

How to Submit Public Comments:

Written: All comments received before 3:00 pm the day of the meeting will be posted on the City’s website as “Correspondence” under the relevant agenda item and provided to the City Councilmembers prior to the meeting.
Email comments to [email protected].
Please identify the agenda item number and letter.

To Participate in Public Comment During the Meeting:

Staff Reads Your Comments Aloud: When the Mayor opens the public comment period for the relevant agenda item, please email your comments to [email protected] Prominently write “Read Aloud at Meeting” at the top of the email and your comments will be read into the record (not to exceed three minutes at staff’s cadence). Comments received outside of the public comment period for the relevant item will not be read aloud but will be inserted into the meeting record.

Live Remote Public Comments: Members of the public may submit a live remote public comment via Zoom video conferencing. Download the Zoom mobile app from the Apple Appstore or Google Play. If you are using a desktop computer, you can test your connection to Zoom by clicking here. Zoom also allows you to join the meeting by phone.
Join the meeting at any point, but be sure you are in the meeting prior to the City Council consideration of the item on which you would like to provide comments. From a PC, Mac, iPad, iPhone or Android:
https://cityofconcord.zoom.us/j/89655085374?pwd=b282WFNZbGFEeXFXK1RnZ0tnNmprZz09 oWebinar ID: 896 5508 5374
oPasscode: 279965
oBy phone: US: +1 669 900 6833 or +1 346 348 7799 or 1 253 215 8782 This meeting is being held via Zoom
Please click the link below to join the webinar:
https://cityofconcord.zoom.us/j/89655085374?pwd=b282WFNZbGFEeXFXK1RnZ0tnNmprZz09 Webinar ID: 896 5508 5374
Passcode: 279965
3 Speakers will be asked to provide their name and city of residence, although providing this is not required for participation.
Each speaker will be afforded up to 3 minutes to speak. Speakers will be muted until their opportunity to provide public comment.

When the Mayor opens a public comment period on the item on which you would like to comment, please use the “raise hand” feature (or press *9 if connecting via telephone) which will alert staff that you have a comment to provide.

OPEN SESSION

1. OPENING
Roll Call

2. PRESENTATION
a. Presentation – Mental Health Evaluation Team (MHET) Update by Lt. Tamra Roberts. Introduction by Mayor Aliano.

3. CITY COUNCIL /LOCAL REUSE AUTHORITY (LRA) /CONCORD-PLEASANT

HILL HEALTH CARE DISTRICT (CPHHCD) CONSENT CALENDAR
The public is entitled to address the City Council/LRA/CPHHCD on items appearing on the Consent Calendar before or during the City Council’s/LRA’s/CPHHCD’s consideration of the Consent Calendar. Adoption of the Consent Calendar may be made by one motion of the City Council, provided that any Councilmember, individual or organization may request removal of an item from the Consent Calendar for separate consideration. If a request for removal of an item from the Consent Calendar has been received, the Mayor may defer action on the particular item and place the same on the regular agenda for consideration in any order s/he deems appropriate. Please see “How to Submit Public Comments” above.

CITY COUNCIL CONSENT CALENDAR
a. Considering – approval of the minutes from the meetings of October 12, 26, and 27, November 2, 9, and 29, and December 6 and 7, 2021.

Recommended by the City Clerk.
b. Considering – adoption of a Resolution approving the request to Metropolitan Transportation Commission by the City of Concord for an allocation of $216,000 of Transportation Development Act – Article 3 Pedestrian and Bicycle Project Funding for Fiscal Year 2022-2023. This funding will support the Bailey Road Crossing Enhancements Project, located on Bailey Road at Olive Drive and Limewood Drive. Recommended by the Interim Director of Community Development.
4 CEQA: Not a project/exempt per CEQA Guidelines Sections 15060 (c), 15061 (b)(3), 15273, 15378, 15301, 15302, 15303, 15304, Public Resources Code Section 21065, and/or 21080.19.
c. Considering – the recommendation to reappoint Keith McMahon to continue to serve as the City of Concord's Representative on the Contra Costa County Aviation Advisory Committee for a two-year term ending February 28, 2023 Recommended by the Mayor.
d. Considering – acceptance and appropriation of $257,273 from the California Department of Parks and Recreation Per Capita Grant Funds, for the Willow Pass Park Fitness Renovation (Project No. 2523). Recommended by the Interim Director of Community Development.

CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(3), 15378, 15262, and/or Public Resources Code Section 21065. e. Considering – approval of Amendment to the Professional Services Agreement (PSA) with NCE in an additional amount of $102,458 (for a new not to exceed amount of $447,052) to provide additional design engineering and related services for Hillcrest Park Regional Green Infrastructure Project (Project No. 2512); and authorizing the City Manager to execute the agreement, subject to the approval of the City Attorney. Recommended by the Interim Director of Community Development.

CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c)(2), 15061(b)(3), 15378, 15262 and/or Public Resources Code Section 21065. f. Considering – acceptance of the Annual Comprehensive Financial Report with the Independent Auditors' Report and Required Communications Letter for the fiscal year ending June 30, 2021. Recommended by the Director of Finance.

CITY COUNCIL/LOCAL REUSE AUTHORITY/CONCORD-PLEASANT HILL HEALTH CARE

DISTRICT CONSENT CALENDAR
g. Considering – adoption of a Resolution to continue conducting City Council, Local Reuse Authority, Concord/Pleasant Hill Health Care District, standing City Council Subcommittees, and all City board, commission (including the Planning Commission), and committee meetings remotely, pursuant to AB 361. Recommended by the City Clerk.

CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, 14 Cal Code Reg. Sections 15060(c)(2), 15060(c)(3), 15061(b)(3) and/or 15378.
5 4. CITY COUNCIL PUBLIC HEARING
Persons who wish to speak on Public Hearings listed on the agenda will be heard when the public hearing is opened, except on public hearing items previously heard and closed to public comment.

After the public has commented, the item is closed to further public comment and brought to the Council level for discussion and action. Further comment from the audience will not be received unless requested by the Council. No public hearing shall commence after 10 p.m. unless approved by majority vote of the City Council. Please see “How to Submit Public Comments” above. a. Considering – a report on the redistricting process and permissible criteria to be considered to redraw Council district boundaries, and receiving input from the community and direction from the City Council prior to maps being considered for revision. (Public Hearing #2) Report by Justin Ezell, Assistant City Manager.

CEQA: Exempt under CEQA Guidelines Sections 15320, 15378, and 15061(b)(3).

5. CORRESPONDENCE
Correspondence received at the City Council meeting will be listed here on the Annotated Agenda.

6. ADJOURNMENT
Next Meeting: Regular Meeting
Date: 1/25/2022 6:30 p.m.

NOTICE TO THE PUBLIC
There is a 90-day limit for the filing of a challenge in the Superior Court to certain City administrative decisions and orders which require a hearing by law, the receipt of evidence, and the exercise of discretion. The 90-day limit begins on the date the decision is final (Code of Civil Procedure §1094.6). Further, if you challenge an action taken by the City Council in court, you may be limited by California law to raising only those issues you or someone else raised in the hearing or in a written correspondence delivered to the City Council prior to or at the hearing.

In accordance with the Americans with Disabilities Act and California Law, it is the policy of the City of Concord to offer its public programs, services and meetings in a manner that is readily accessible to everyone, including those with disabilities. If you are disabled and require a copy of a public hearing notice, or an agenda and/or agenda packet in an appropriate alternative format; or if you require other accommodation, please contact the ADA Coordinator Tianjun Cao at (925) 671-3243 or [email protected], at least 24 hours in advance of the meeting. Advance notification within this guideline will enable the City to make reasonable arrangements to ensure accessibility.

Mental Health Evaluation Team (MHET) Update

CITY OF CONCORD
Lt. Tamra Roberts
January 10, 2022
1 2.a

Background:
In August 2020, Council directed staff to explore partnering with the County to create a Concord focused Mental Health Evaluation Team (MHET)
MHET pairs a County Mental Health Clinician with a City police officer. Concord MHET’s program i s funded by Measure V revenue. 2

3 June 15th, 2021, Concord’s MHET program began.

Before
After

4 Mission:

To identify individuals who experience chronic mental health issues in Concord and work proactively with them (and their families), providing linkages to appropriate outpatient mental health services before a crisis occurs and, when necessary, after a crisis occurs.

5 Goal:

To improve the individual’s quality of life and promote them remaining in the community safely, while avoiding future crisis intervention and future negative interactions with law enforcement.

6 Success:

MHET success is counted on an individual basis,
and occurs when there is a measurable
reduction in a person’s need for emergency
services from County Psychiatric Emergency
Services (PES), and/or a reduction in police calls
for service or arrests.

7 All Referrals (39)
60 Days Prior
to Referral
60 Days after
Referral % Difference
Calls for Service 129 84 -35%
5150's 14 6 -57%
5 individuals with chronic calls for service
60 Days Prior
to Referral
60 Days after
Referral
%
Difference
Calls for Service 54 24 -56%
5150's 3 0 -100%

8 MHET Criteria:
 Combative
 Bar
ricaded
 Weapon use
 Violence towards law enforcement
 Violence towards family/household
 History of violence
 Multiple contacts for 5150 W&I
 Repeat calls for service with no resolution from patrol officers *Unable to serve: Juveniles, Developmentally Delayed, Dementia/Alzheimer’s, Primary Substance Use Disorder

Important to know:

MHET does NOT provide in-crisis response. The County’s Mobile Crisis Response Team (MCRT) is responsible for in-crisis care. In addition, most Concord police officers have received some level of Crisis Intervention Training (CIT).

MHET provides follow up care after a crisis. Receiving assistance from MHET is voluntary and the individual must agree and cooperate. 9

Referrals:

Patrol officer responds to a
call for service involving a
person with a mental health
challenge.

The officer determines the person
meets the criteria for a MHET
referral.

A clinician reviews the referral and
consults with the MHET Officer. The
clinician must find evidence of mental
health issues in order to provide
services.

Referrals – Cont’d
Referrals are also made by the PD’s Community Impact Unit (CIU), C
oncord’s Coordinated Outreach Referral and Engagement Team (CORE), and other Mental Health Departments.
11

MHET’s Available Services:

MHET provides clients with
short term services (30-60
days)
Follow up on the status of
the client at Psych
Emergency Services (PES)
Coordinate with PES staff
about admitting &
discharging client
Follow up welfare-checks
with those discharged from
PES and inpatient psych
units
Link to mental health
services/other appropriate
resources, or collaborate
with the client’s current
service provider
Meet with client’s family in
order to provide resources
12

From 6/15/21 – 11/30/21:
New Referrals 39
Initial Co ntacts 24
Follow Up Contacts 103
Family Contacts 12
13

Contact Results:

Welfare Check Performed 70
Connected to Other Services 36
Transported to Services 25
Resource Information Provided 18
Linked to Mental Health Provider 9
Placed on 5150 Hold 3
Criminal Arrest 2
14

Closed Referrals:

Of the 39 referrals received, 20 have been closed out:
Linked to Mental Health Provider 6
Refused Services 5
Unable to Locate/Moved 5
Did Not Meet Criteria 4
15

Types of Contacts:

Age Tiers:

Over 64 years 6
55-64 y ears 3
45-54 y ears 5
35-44 y ears 12
25-34 y ears 9
18-24 y ears 4
23 we re men and 16 were women
21 were housed, while 18 were un-ho used
16

Success
Stories
17

18 Related Information:
• PD i s relying on the County’s Mobile Crisis Response Team for mental health issues rather than sending police officers (unless crimes or public safety are involved)
• Council added a social worker to the CORE team to aid with case management for unsheltered individuals with mental health or other health concerns— expected to go live this week.
• The City has participated in the Countywide effort to develop a Mental Health Crisis Response Model—Called A3

19 Mental Health Crisis Response Model - A3
o The model’s goal: A nyone, Anytime, Anywhere in the County can receive an appropriate emergency mental health crisis response
o The model incorporates:
 Development of a 211 call system to receive, triage and dispatch mental health crisis calls (The Miles Hall Crisis Call Center)  At full implementation, deployment of 34 crisis response teams  Development of new locations to take people in need, possibly including a 24/7 crisis center; a sobering center; a peer respite center

20 o Supervisors dedicated $20 M of ongoing annual Measure X funding to the program and a one-time $5 M for physical improvements to support the program
o Public Presentation of the Program to occur on Wednesday January 12th at 4pm on Contra Costa TV: Comcast Channel 27, AT&T U-Verse Channel 99 and Wave Channel 32
https://www.contracosta.ca.gov/142/Contra-Costa-Television-CCTV

Questions?
21

1 REGULAR MEETING OF THE

CONCORD CITY COUNCIL

VARIOUS ELECTRONIC LOCATIONS
TUESDAY, OCTOBER 12, 2021
The Concord City Council met in a regular meeting via various electronic locations at 6:30 p.m. on Tuesday, October 12, 2021, with Mayor McGallian presiding. Minutes follow in abbreviated form per Resolution 3361 and Council Minutes of September 26, 1966.

ROLL CALL

COUNCILMEMBERS PRESENT VIA
VARIOUS ELECTRONIC LOCATIONS: Dominic Aliano, Edi Birsan, Laura Hoffmeister, Carlyn Obringer, Tim McGallian

STAFF PRESENT VIA VARIOUS
ELECTRONIC LOCATIONS: Valerie Barone, City Manager; Susanne Brown, City Attorney; Justin Ezell, Assistant City Manager; Joelle
Fockler, City Clerk; Neetu Salwan, Deputy City Clerk; Greg Taylor, Director of Information Technology; Mark Bustillos, Chief of Police; Kevin Marstall, Interim Director of
Community Development; John Fuller, Interim Director of Public Works; Margaret Kotzebue, Senior Assistant City
Attorney; Eugene Loew, Parks Manager; Nick Gartner,
Police Lieutenant; Frank Abejo, Principal Planner; Mindy Gentry, Planning Manager; Tamra Roberts, Police
Lieutenant; Mark Robinson, Police Lieutenant; Bernard
Enrile, CIP Manager; Bruce Davis, Interim City Engineer; Kevin Wheat, Associate Civil Engineer; Mitra Abkenari
Associate Civil Engineer; Scott Conn, Information
Technology Manager; Ali Hatefi, Associate Civil Engineer

MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Blair Beekman, San Jose; Ady; Colin Jack Fliehmann; Laura Nakamura, Concord; Tracy Rosenberg, Oakland Privacy
Regional Group; Natalie; Cora Mitchell; Will McGarvey,
Interfaith Council of Contra Costa County; Kenny Gutierrez, Concord; Leann; Elaine Schroth, Visit Concord; Kathy
Petricca; Shoshana W., Sunflower Alliance; Jan Warren,
Social Justice Alliance Contra Costa; Stephen Rosenblum; Gwynne Nelson, Concord; Tanisha Humphrey, ACLU
Northern California; Ray Barbour; Mike McDermott,
Concord; Hope Johnson; Shirley Shelangoski, Pleasant Hill; Ivette Maruri, Concord; Kevin Cabral, Greater Concord
Chamber of Commerce; Wendy Hershey, Concord and
Concord Communities Alliance; Andrea Rios; Elsie Mills, Concord

PUBLIC COMMENT PERIOD
Emailed comments were read into the record by City Clerk Joelle Fockler.

Blair Beekman, San Jose, spoke of the need to educate the public about the importance of the Covid-19 vaccine and the process.

Ady spoke of the need for Concord Outreach Referral and Engagement (CORE) to build trust and better communication with the public who need their support.

3.a3.a3.a3.a3.a3.a3.a3.a

City Council Minutes October 12, 2021
2 Colin Jack Fliehmann emailed requesting a permanent solution to homelessness issues, including providing port-a-potties, garbage cans, and handwashing stations.

PRESENTATION
Children's Environmental Safety Month
Mayor McGallian presented Anyssa Jeske, Alliance of Nurses for Healthy Environments, a proclamation declaring October 2021 as “Children’s Environmental Safety Month” in the City of Concord.

Mayor McGallian opened a public comment period, and upon receiving no public comment, closed the public comment period.

CITY COUNCIL CONSENT CALENDAR
Mayor McGallian opened a public comment period.

Laura Nakamura, Concord, spoke in support of Cooperative Agreement No. 08C.05, Consent Calendar Agenda Item No. 4.h.

Mayor McGallian closed the public comment period.

APPROVAL OF MEETING MINUTES – June 23 and 30, and August 10 and 18, 2021 A motion was made by Birsan and seconded by Obringer to approve the minutes from the meeting of June 23 and 30, and August 10 and 18, 2021. The motion passed by unanimous vote of the Council.

OPERATING BUDGET TRANSFER REQUEST – The Asphalt Zipper, PL2157 A motion was made by Birsan and seconded by Obringer to approve the transfer and appropriation of $75,000 from Pavement Holding Account, PJ No. 2157, to Operating Supplies Cost Center 5,600 for asphalt purchases for the Asphalt Zipper. The motion passed by unanimous vote of the Council.

APPOINT ONE MEMBER TO THE CONTRA COSTA COUNTY ADVISORY COUNCIL ON AGING A motion was made by Birsan and seconded by Obringer to appoint the Commission on Aging member John Haberkorn to serve on the Contra Costa County Advisory Council on Aging; and direct the City Clerk to pass the information to the County Board of Supervisors for further action. The motion passed by unanimous vote of the Council.

FISCAL YEAR 2021-22 TRANSPORTATION DEVELOPMENT ACT GRANT FUNDS ALLOCATION –The Chestnut Avenue Bicycle Boulevard, PJ 2585
A motion was made by Birsan and seconded by Obringer to allocate of $50,000 Transportation Development Act – Article 3 (TDA) Grant funds from MTC for the Chestnut Avenue Bicycle Boulevard (PJ No. 2585); and appropriation of $30,000 for local match funds from Measure J Local Funds (Fund 475). The motion passed by unanimous vote of the Council.

MAINTAINCE SERVICES AGREEMENT FOR ABATEMENT SERVIES – Apex Grading, Inc.

A motion was made by Birsan and seconded by Obringer to approve a Maintenance Services Agreement with Apex Grading, Inc. in the amount of $100,000 per year, for up to four years, for a total of $400,000, for weed abatement services; and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Counicl.

City Council Minutes October 12, 2021
3 AWARD CONSTRUCTION CONTRACT FOR KIRKER PASS ROAD SANITARY SEWER REPAIR PROJECT NO. 2536 – Devaney Engineering, Inc.

A motion was made by Birsan and seconded by Obringer to award a construction contract in the amount of $242,183 to Devaney Engineering, Inc. for Kirker Pass Road Sanitary Sewer Repair Project (Project No. 2536), authorize staff to utilize the available project contingency for contract change orders up to 15% of the contract amount; and authorize the Mayor to execute the contract in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.

APPROVAL OF PURCHASE - POLICE DEPARTMENT LICENSE PLATE READER SYSTEM – Vigilant Solution
This item was pulled from consideration on the Consent Calendar by several members of the public.

Mayor McGallian opened a public comment period.

Tracy Rosenberg, Oakland Privacy Regional Group, spoke in opposition to using Vigilant Solution.

Natalie spoke of the need for an Oversight Commission, receiving more quotes for price comparison, and a technology policy in place before committing to any surveillance technology.

Laura Nakamura, Concord, spoke in opposition to using Vigilant Solution.

Ady spoke of the need to have a discussion to understand the Police Department’s Surveillance Policy and receive community feedback, and inquired why other contractors were not considered.

Cora Mitchell spoke in opposition to using Vigilant Solution and requested a Government Alliance on Race and Equity (GARE) assessment on the purchase.

Blair Beekman spoke in opposition to using Vigilant Solution.

Mayor McGallian closed the public comment period.

Followed by questions by the Council, a motion was made by Aliano and seconded by Obringer to approve the purchase and replace existing Police Department License Plate Reader (LPR) systems in four vehicles and to equip one additional vehicle with Vigilant LPR systems from Lehr in an amount of $100,293.88 plus a 15% contingency for a not to exceed amount of $115,337.97; and authorize the City Manager to execute an Enterprise Service Agreement for the Vigilant software in a form acceptable to the City Attorney. The motion passed by the following vote of the Council:

AYES: Aliano, Hoffmeister, Obringer, McGallian NOES: Birsan ABSENT: None COOPERATIVE AGREEMENT NO. 08C.05 WITH COUNTY CONNECTION, CONTRA COSTA TRANSPORTATION AUTHORITY, AND CITY OF WALNUT CREEK FOR THE IDEA GRANT –

TRANSIT SIGNAL PRIORITY (TSP) SYSTEM
A motion was made by Birsan and seconded by Obringer to approve the Cooperative Agreement No. 08C.05 with County Connection, Contra Costa Transportation Authority and City of Walnut Creek, for the IDEA Grant – TSP System; and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney. The motion passed by unanimous vote by the Council

AWARD CONSTRUCTION CONTRACT FOR DIAMOND BOULEVARD/WILLOW PASS ROAD SEWER PROJECT NO. 2554 – Devaney Engineering, Inc.

City Council Minutes October 12, 2021
4 A motion was made by Birsan and seconded by Obringer to award the construction contract in the amount of $547,900.00 to Devaney Engineering, Inc. for Diamond Boulevard/Willow Pass Road Sewer Project (Project No. 2554), authorizing staff to utilize the available project contingency for contract change orders up to 15% of the contract amount; and authorize the Mayor to execute the contract in a form acceptable to the City Attorney (Sewer Operation Funds). The motion passed by unanimousvote by the Counicl.

APPROVAL OF AMEDMENT TO PROFESSIONAL SERVICES AGREEMENT– Ghirardelli Associates
A motion was made by Birsan and seconded by Obringer to approve the Amendment No. 5 a new total of $403,435.35 to provide additional construction management services for the Citywide Bridge Repair Program – Group 2 Bridges, Project No. 2371; and authorize the City Manager to execute the Ghirardelli Associates amendment in a form acceptable to the City Attorney (Measure Q, Measure J, Gas Tax, Federal Bridge Maintenance Funds. The motion passed by unanimous vote by the Council.

ADOPT RESOLUTION NO. 21-53 – Summary Vacation of Two Storm Drain Easements Located at 1785 Pine Street
A motion was made by Birsan and seconded by Obringer to adopt Resolution No. 21-53 entitled, “A Resolution Approving the Summary Vacation of two Storm Drain Easements and Acceptance of Dedication of New Relocated Storm Drain Easement Located at 1785 Pine Street (APN 126-291-023)”. The motion passed by unanimous vote by the Council.

CITY COUNCIL CONSIDERATION ITEM
ADOPT RESOLUTION NO. 21-54 – Grant Funds from Marathon Petroleum for Unmanned Aeiral System (UAS)
Lieutenant Nick Gartner presented a report, providing an overview of the Unmanned Aerial System (UAS), describing the benefits of the system and the steps that Police Department has taken in developing the program including policy, training, equipment, funding, outreach, transparency, and program assessment.

Lieutenant Gartner stated that the Council was being requested to approve the UAS Program and receive and allocate grant funds for the Program from Marathon Petroleum.

Following questions by the Council, Mayor McGallian opened a public comment period.

Emailed comments were read into the record by City Clerk Joelle Fockler and Deputy City Clerk Neetu Salwan.

Will McGarvey, Interfaith Council of Contra Costa County, spoke in opposition to accepting funds from Marathon Petroleum or any fossil fuel industry.

Cora Mitchell spoke of the lack of a GARE Assessment on the proposed UAS Program and lack of public oversight.

Kenny Gutierrez, Concord, suggested language changes to the Policy.

Tracy Rosenberg, Oakland Privacy, spoke of quickly purging the UAS footage.

Leann inquired about the ability of drone live streaming to be hacked or vandalized.

Elaine Schroth, Visit Concord, spoke in support of the UAS Program.

Kathy Petricca spoke of the importance of transparency and public trust.

City Council Minutes October 12, 2021
5 Shoshana W., Sunflower Alliance, spoke in opposition to the Program and accepting funds from Marathon Petroleum.

Jan Warren, Social Justice Alliance Contra Costa, spoke in opposition to accepting grant funds from Marathon Petroleum.

Stephen Rosenblum spoke in opposition to accepting grant funds from Marathon Petroleum.

Blair Beekman spoke in opposition to accepting grant funds from Marathon Petroleum.

Gwynne Nelson, Concord, spoke of Concord Police Department’s incompetence.

Tanisha Humphrey, ACLU Northern California, suggestested implementing a surveillence ordinance and the need for oversight.

Natalie spoke in opposition to acceptance of the grant.

Ray Barbour spoke in support of the UAS Program.

Laura Nakamura, Concord, spoke in opposition to acceptance of the grant.

Ady spoke in opposition to acceptance of the grant.

Mike McDermott, Concord, spoke in support of the Program.

Hope Johnson spoke in opposition to accepting funds from Marathon Petroleum.

Shirley Shelangoski, Pleasant Hill, spoke in opposition to acceptance of the grant.

Ivette Maruri, Concord, spoke in opposition to the Program.

Kevin Cabral, Greater Concord Chamber of Commerce, emailed in support of UAS Program.

Wendy Hershey, Concord and Concord Communities Alliance, emailed requesting that the Council not make a decision about drones until they are impeccably informed.

Andrea Rios, Concord, emailed in opposition to the Porgram.

Elsie Mills, Concord, emailed in opposition to the Program.

Mayor McGallian closed the public comment period and recessed the meeting at 9:31 p.m.

The meeting resumed at 9:42 p.m.

A motion was made by Obringer and seconded by Hoffmeister to approve an Unmanned Aerial Systems (UAS) Program and adopt Resolution No. 21-54 entitled, “A Resolution Accepting and Appropriating $30,000 in Grant Funding from Marathon Petroleum for the Police Department’s Unmanned Aerial System (UAS) Program” and return to the City Council with an update after implementation. The motion passed by unanimous vote by the Council.

A motion was made by Aliano and seconded by Obringer to consider Public Hearing Agenda Item No. 6.a after 10 p.m. The motion passed by unanimous vote of the Council.

CITY COUNCIL PUBLIC HEARINGS
CHEEMA PROJECT – 1500 - 1790 Concord Avenue
Principal Planner Frank Abejo presented a report providing background and an overview of the project including location and proposed development Code Amendments. He explained that the Council was being requested to consider introduction of an Ordinance to approve a revision to the

City Council Minutes October 12, 2021
6 1500 – 1790 Concord Avenue Project Addendum to the Final Supplemental Environmental Impact Report (2012 SEIR) to the Concord 2030 Urban Area General Plan (2030 General Plan) Final Environmental Impact Report (General Plan EIR); and b) Amendments to Concord Municipal Code, Title 18, Concord Development Code (CDC) as follows: i) revise "Convenience Store," "Convenience Store with Alcohol Sales," and "Liquor Store," use classifications in CDC Section 18.20.020 (Use classifications); ii) revise CDC Table 18.45.020 (Downtown Districts) to allow "Convenience Store with Alcohol Sales" in the WMX (West Concord Mixed Use) zoning district subject to a use permit; iii) revise standards related to gas stations, convenience stores, and car washes in CDC Section

18.200.090 (Gas stations and car washes); and, iv) revise CDC Chapter 18.200 (Standards for specific uses) to include new standards for convenience stores by reading of the title only and waiving further reading; and adopt a Resolution approving a Use Permit to allow a “Convenience Store with Alcohol Sales” and a Finding of Public Convenience or Necessity (FOPCN) to sell beer and wine for off-site consumption at 1500 and 1590 Concord Avenue.

Following questions by the Council, Mayor McGallian opened a public comment period.

Cora Mitchell was concerned that a GARE assessment was not performed for the project.

Mayor McGallian closed the public comment period.

Following discussion by the City Council, a motion was made by Aliano and seconded by Birsan to introduce an Ordinance entitled 21-5, “An Ordinance Approving: 1) A Revision to the 1500 – 1790 Concord Avenue Project Addendum to the Final Supplemental Environmental Impact Report (2012 SEIR) to the Concord 2030 Urban Area General Plan (2030 General Plan); and 2) Amendments to Concord Municipal Code, Title 18, Concord Development Code (CDC) as Follows: A) Revise "Convenience Store," "Convenience Store with Alcohol Sales," and "Liquor Store," Use Classifications in CDC Section 18.20.020 (Use Classifications); B) Revise CDC Table 18.45.020 (Downtown Districts) to allow "Convenience Store With Alcohol Sales" in the WMX (West Concord Mixed Use) Zoning District Subject to a Use Permit; C) Revise Standards Related to Gas Stations, Convenience Stores, and Car Washes in CDC Section 18.200.090 (Gas Stations and Car Washes); and D) Revise CDC Chapter 18.200 (Standards for Specific Uses) to include New Standards for Convenience Stores”. The motion passed by the following vote of the Council:

AYES: Aliano, Birsan, Obringer, McGallian NOES: Hoffmeister ABSENT: None ADOPT RESOLUTION NO. 21-55 – Use Permit for Convenience Store with Alcohol Sales 1500-1590 Concord Avenue
A motion was made by Aliano and seconded by Obringer to adopt Resolution No. 21-55 entitled, “A Resolution Approving a Use Permit for a Convenience Store with Alcohol Sales and a Finding of Public Convenience or Necessity (FOPCN) to Sell Beer and Wine for Off-Site Consumption at 1500 and 1590 Concord Avenue (APNs) 126-043-032 and 033).” The motion passed by the following vote of the Council:

AYES: Aliano, Birsan, Obringer, McGallian NOES: Hoffmeister ABSENT: None

ADOPTION OF A RESOLUTION APPROVING A TEMPLATE POLE LICENSE AGREEMENT WITH NEW CINGULAR WIRELESS PCS, LLC AND AMENDING EXHIBIT A TO RESOLUTION NO. 78- 6042, ESTABLISHING FEES ASSOCIATED WITH A POLE LICENSE AGREEMENT A motion was made by Hoffmeister and seconded by Aliano to continue the agenda item to the November 9, 2021, City Council meeting. The motion passed by unanimous vote of the Council.

A motion was made by Birsan and seconded by Aliano to adjourned the meeting and continue the rest of the agenda items to the October 26, 2021, City Council meeting. The motion passed by unanimous vote of the Council.

City Council Minutes October 12, 2021
7 CORRESPONDENCE
a. Benched Correspondence, Agenda Item No. 4.b – Budget Transfer Request b. Benched Correspondence, Agenda Item No. 4.e – Master Service Agreement – APEX c. Benched Correspondence, Agenda Item No. 5.a – Unmanned Aerial System d. PowerPoint Presentation, Agenda Item No. 5.a – Unmanned Aerial System e. Benched Correspondence, Agenda Item No. 6.a – Shell Gas Station Convenience Store f. PowerPoint Presentation, Agenda Item No. 6.a – Shell Gas Station Convenience Store

ADJOURNMENT
By order of the Mayor, the meeting was adjourned at 11:45 p.m.

TIMOTHY A. MCGALLIAN
MAYOR

JOELLE FOCKLER, MMC

CITY CLERK

1 REGULAR MEETING OF THE

CONCORD CITY COUNCIL/CITY

COUNCIL SITTING AS THE LOCAL

REUSE AUTHORITY/CITY COUNCIL

SITTING AS THE

CONCORD/PLEASANT HILL HEALTH

CARE DISTRICT

VARIOUS ELECTRONIC LOCATIONS
TUESDAY, OCTOBER 26, 2021
The Concord City Council met in a regular meeting via various telephonic/electronic locations at 5:37 p.m. on Tuesday, October 26, 2021, with Mayor McGallian presiding. All Councilmembers were in attendance. Mayor McGallian opened a public comment period, and upon receiving no public comment, closed the public comment period. The meeting was recessed and immediately reconvened in a closed session for Conference with Labor Negotiators Pursuant to Government Code Section 54957.6. Agency designated representatives: Valerie Barone, City Manager; Jasmin Loi, Director of Human Resources; Karan Reid, Director of Finance; Anne Maze, Amaze, Inc.; Donna Williamson, Esq., Liebert Cassidy Whitmore. Employee organizations:

Administrative, Technical & Clerical Representation Unit and Field & Operations Representation Unit of International Brotherhood of Teamsters Local 856; Professional Representation Unit of OPEIU Local 29; Peace Officer Representation Unit of Concord Police Officers Association; and Police Managerial Representation Unit of Police Management Association. Unrepresented employees: Executive, Management & Confidential Employees, City Attorney, City Manager.

The Closed Session was continued at 6:55 p.m. to Wednesday, October 27, at 7:00 a.m. and recessed to reconvene in open session via various electronic locations.

The Concord City Council met in a regular meeting via various electronic locations at 6:58 p.m. on Tuesday, October 26, 2021, with Mayor McGallian presiding. Minutes follow in abbreviated form per Resolution 3361 and Council Minutes of September 26, 1966.

ROLL CALL

COUNCILMEMBERS PRESENT VIA
VARIOUS ELECTRONIC LOCATIONS: Dominic Aliano, Edi Birsan, Laura Hoffmeister, Carlyn Obringer, Tim McGallian

STAFF PRESENT VIA VARIOUS
ELECTRONIC LOCATIONS: Valerie Barone, City Manager; Susanne Brown, City Attorney; Justin Ezell, Assistant City Manager; Joelle
Fockler, City Clerk; Neetu Salwan, Deputy City Clerk;
Greg Taylor, Director of Information Technology; Mark
Bustillos, Chief of Police; Kevin Marstall, Interim Director of Community Development; Guy Bjerke, Director of
Economic Development and Base Reuse; John Fuller,
Interim Director of Public Works; Abhishek Parikh,
Transportation Manager; Ali Hatefi, Associate Civil
Engineer; Craig Blythe, Administrative Services
Manager; Bernard Enrile, Senior Civil Engineer; Bruce
Davis, Senior Civil Engineer; Robert Hardie, Facilities Maintenance Manager

MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Cora Mitchell; George Fulmore; Mara Berton, Concord; Ady Olvera, Concord; Eri Glans-Suzuki, Concord;
Natalie; Coach Dan; Leanne, Concord; Davie; Jack
Fliehmann, Concord; Judith Herman, Concord; Rebecca
Auerbach; Kat Hannah, Concord; Gwynne Wilson,

City Council Minutes October 26, 2021
2 Concord; Greg Colley, Concord Communities Alliance;
Mara Berton; June Higgenbothum, Concord; Anna
Rikkelman; Dave Hughes; Juan Pablo Galvan, Save Mt.

Diablo; Laura Nakamura, Concord Communities
Alliance; Greg Brumley, Concord; Silva Harr, Concord;
Katherine Dano-Lutthohann; Claire Linder, Concord;
Kathy Gleason, Co-Founder Concord Naval Weapons
Station Neighborhood Alliance; Patrick Dolan, Retired
Union Carpenter; Israel Avila; Jason Lindsey, Iron
Workers Union Local 378; Rory West, Union Iron Worker
Apprentice; Mike Kein; Glen Lovell, Iron Workers Union
Local 378; Eddie Brown, Iron Workers Union Local 378;
Tom Hansen, IBEW Local 302; Eric Haynes, Sheet
Metal Workers Union Local 104; Ken Miller, Iron
Workers Union Local 378; James Kimbell, Carpenters
Union Local 152; JJ Paralez, Carpenters Union Local
152; Rose Olson, Concord; Kyles Swarens, Carpenters
Union Local 152; Emma Castro, Concord; Ron Hellevig,
Union Iron Worker Apprentice; Mac Charlie; Anthony
Viscuso, Heat and Frost Insulators Union Local 16;
Jennifer Odel, Concord; Charlene Sigman, School of
Imagination and Happy Talkers; Daniel Pineda, Iron
Workers Union Local 378; Mark Plubell, Insulators Union Local 16; Tiffany Paulson, Concord; Ryan Ruff, BAC
Local 3; Rachel Shoemake, Concord; Bill Whitney,
Contra Costa Building Trades Council; Fernando
Campos, Concord; Julio Zamulio, Concord; Nicholas
Stratton; Sedique Popal, New Islamic and Cultural
Community Center; Treston Shull, Laborers Union Local
324; Israel Vargas, Plasterers Union Local 66; John
Perez, Concord; Richard Benzler, R&J Electric, Inc.;
Anthony Aiello, Eastbay Men’s Recovery Center; Sara
Glascock, Concord; Theresa Guidi, Melody Lighting,
Inc.; George Smylie, Sr., Retired Concord High Football Coach and Teacher; Ashley Combes; Daniel Skalin,
Concord; Jaime Gonzalez Cruz, Operating Engineers;
Jeff Hutson, Vallee Builders; David Majeroni; David
Woodland; Kevin Cabral, Greater Concord Chamber of
Commerce; Brian Brennan, PR Construction; Mike
Sponsler on behalf of Assemblymember Tim Grayson;
Lacie Dodd; Klyer Haun, Local 104 Sheet Metal Worker;
Edgar; Breck Nielsen; Steve Bell, Carpenters Local
#152; Erlene Demarcus, Former BART Board President;
Jason Cerecedes, Astonishing Construction; Corey
Wood; Tom Meyer, Galaxy Press; Jennifer Scholting,
Design Electric; Nicole Dodd; Jose Hernandez, La
Morenita Market; Dale Brooks, Contra Costa Door; Leah
Baird; Mike Nesbitt, SMW Local Union No. 104; Mitch
Sigman, School of Imagination and Happy Talkers; Joe
Clare, Concord; Richard Matthews, Loan Depot; Scott
Wagner, Concord; Ron Leone, Concord; Sadie Wilson,
Greenbelt Alliance; Rosina Shipman, Hope Solutions;
Joshua Anijar, Contra Costa Central Labor Council;
Citizens for Historical Equity; Gloria Bruce, East Bay
Housing Organization; Stephen McCaffree; Yulie
Padmore; Natalie Bonnewit; Debra Ballinger, Monument
Impact

City Council Minutes October 26, 2021
3 PUBLIC COMMENT PERIOD
Cora Mitchell stated that Vice Mayor Aliano contacted her husband’s employer to pressure her to stop giving public comment and called for him to resign.

George Fulmore spoke of a regional economic gap and a book he wrote on the history of Latino’s in Concord entitled “To Concord They Have Come.” Mara Berton, Concord, spoke in opposition to the UAS Program adopted on October 12, 2021, and requested that a Police Department Oversight Committee be formed.

Ady Olvera, Concord, spoke in opposition to using DJI drones and requested a Police Department Oversight Committee be formed.

Eri Glans-Suzuki, Concord, spoke of the need for collaborative work between the Concord Reuse Project Master Developer and the East Bay Regional Parks District.

Natalie spoke in concern over comments made by Vice Mayor Aliano and in opposition to using DJI drones.

Coach Dan expressed appreciation of the Engineering Division for its work to ensure that handicap ramps are installed in the Estates Neighborhood.

Leanne, Concord, reminded the Council that they are elected by the people for the people.

Davie spoke in opposition to using DJI drones and advocated for drones manufactured in America.

Jack Fliehmann, Concord, emailed regarding the needs of Concord’s homeless population.

ANNOUNCEMENT
City Clerk Joelle Fockler announced two openings on Concord's Measure V Committee and the City’s representative to the CCCTA (County Connection) Advisory Committee; and set a deadline of Friday, December 3, 2021, at 5 p.m. for applications to be due to the City Clerk.

CITY COUNCIL/CITY COUNCIL SITTING AS THE LOCAL REUSE AUTHORITY (LRA)/CITY

COUNCIL SITTING AS THE CONCORD/PLEASANT HILL HEALTH CARE DISTRICT (CPHHCD) CONSENT CALENDAR

CITY COUNCIL CONSENT CALENDAR
Mayor McGallian opened a public comment period and upon receiving no comment, closed the public comment period.

APPROVAL OF THE MEETING MINUTES – August 21 and 24 and September 7 and 14, 2021 A motion was made by Obringer and seconded by Birsan to approve the minutes from the meetings of August 21 and 24 and September 7 and 14, 2021. The motion passed by unanimous vote of the Council.

PROFESSIONAL SERVICES AGREEMENT – Galaxy Press
A motion was made by Obringer and seconded by Birsan to approve a Professional Services Agreement with Galaxy Press in the not-to-exceed amount of $150,000 per year, for up

City Council Minutes October 26, 2021
4 to five years (for a total of $750,000), for on-call professional printing services for all City departments; and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.

PROFESSIONAL SERVICES AGREEMENT – NCE (Project Nos. 2557 and 2379) A motion was made by Obringer and seconded by Birsan to approve a Professional Services Agreement with NCE in the not-to-exceed amount of $181,610 (base agreement of $165,100 plus staff authority to spend up to $16,510) for design engineering and related services for Oak Grove Road Pavement Rehabilitation - Phase 3 (Project No. 2557); approve a related budget transfer and appropriation of $42,000 from the completed Pavement Repair Project No. 8 (Project No. 2379); and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.

REJECT BIDS – Diablo Creek Maintenance Building Fire Repair (Project #2460) A motion was made by Obringer and seconded by Birsan to reject all bids submitted for the Diablo Creek Maintenance Building Fire Repair (Project #2460); and direct staff to revise the scope of work and re-advertise the project for bids. The motion passed by unanimous vote of the Council.

RESOLUTION NO. 21-57 – Local Roadway Safety Plan Grant Funding A motion was made by Obringer and seconded by Birsan to adopt Resolution No. 21-57 entitled, “A Resolution Accepting and Appropriating Local Roadway Safety Plan (LRSP) - LRSP020 Grant Funding from the California Department of Transportation (Caltrans) in the amount of $72,000, and Committing Necessary Local Matching Funds ($8,000 in Staff Time) to Complete the Study”; and approve a Task Order in the amount of $69,977.11 for Fehr & Peers to develop the LRSP. The motion passed by unanimous vote of the Council.

TRANSFER MEASURE Q PAVEMENT MAINTENANCE FUNDS TO MONUMENT BOULEVARD

IMPROVEMENTS
A motion was made by Obringer and seconded by Birsan to approve a $20,000 budget transfer of Measure Q Fund (401) from Measure Q Pavement Maintenance Project #7, Project No. 2378, to Monument Boulevard Improvements, Project No. 2445. The motion passed by unanimous vote of the Council.

INTRODUCTION OF ORDINANCE NO. 21-6 – Concord Municipal Code Chapter 8.20 (Solid Waste)
A motion was made by Obringer and seconded by Birsan to introduce Ordinance No. 21-6 entitled, “An Ordinance Amending Concord Municipal Code, Chapter 8.20, Solid Waste” by reading of the title only and waiving further reading. After the City Attorney read the title into the record, the motion passed by unanimous vote of the Council.

CITY COUNCIL/LOCAL REUSE AUTHORITY/PLEASANT HILL/CONCORD HEALTH CARE

DISTRICT CONSENT CALENDAR
CITY COUNCIL RESOLUTION NO. 21-58, LOCAL REUSE AUTHORITY RESOLUTION NO. 21- 28, CONCORD/PLEASANT HILL HEALTH CARE DISTRICT RESOLUTION NO. 21-20 – Continue Meetings Remotely, AB 361
A motion was made by Obringer and seconded by Birsan to adopt Resolution No. 21-58, Local Reuse Authority Resolution No. 21-28, and Concord/Pleasant Hill Health Care District Resolution No. 21-20 entitled, “A Resolution Declaring the Need for the City Council, Local Reuse Authority, Concord/Pleasant Hill Health Care District, Standing City Council Subcommittees, and

City Council Minutes October 26, 2021
5 all City Boards, Commissions, and Committees to Continue to Meet Remotely Pursuant to AB 361. The motion passed by unanimous vote of the Council.

LOCAL REUSE AUTHORITY (LRA) CONSIDERATION ITEM
RESOLUTION NO. 21-29 – Exclusive Agreement to Negotiate (ENA) with Concord First Partners, LLC
Director of Economic Development & Base Reuse Guy Bjerke presented a report, explaining that the City Council was being requested to approve a Resolution authorizing the City Manager to sign an Exclusive Agreement to Negotiate (ENA) between the Local Reuse Authority and Concord First Partners, LLC, establishing them as the Master Developer for the Reuse Project.

Following questions by the Council, Mayor McGallian opened a public comment period.

Emailed comments were read into the record by City Clerk Joelle Fockler, Deputy City Clerk Neetu Salwan, and Executive Legal Secretary Lori Myers. During the public comment period a recess was called at 10:15 p.m. and the meeting resumed at 10:25 p.m.

The following people spoke in opposition of signing the ENA with Concord First Partners, LLC.

Cora Mitchell
Judith Herman, Concord
Rebecca Auerbach
Kat Hannah, Concord
Gwynne Wilson, Concord
Natalie
Greg Colley, Concord Communities Alliance
Mara Berton
Ady Olvera
June Higgenbothum, Concord
Anna Rikkelman
Dave Hughes
Juan Pablo Galvan, Save Mt. Diablo
Laura Nakamura, Concord Communities Alliance
Greg Brumley, Concord – email
Silva Harr, Concord – email
Katherine Dano-Lutthohann – email
Claire Linder, Concord – email
Kathy Gleason, Co-Founder Concord Naval Weapons Station Neighborhood Alliance - Email

City Council Minutes October 26, 2021
6 The following people spoke in support of signing the ENA with Concord First Partners, LLC.

Patrick Dolan, Retired Union Carpenter
Israel Avila
Jason Lindsey, Iron Workers Union Local 378
Rory West, Union Iron Worker Apprentice
Mike Kein
Glen Lovell, Iron Workers Union Local 378
Eddie Brown, Iron Workers Union Local 378
Tom Hansen, IBEW Local 302
Eric Haynes, Sheet Metal Workers Union Local 104
Ken Miller, Iron Workers Union Local 378
James Kimbell, Carpenters Union Local 152
JJ Paralez, Carpenters Union Local 152
Rose Olson, Concord
Kyles Swarens, Carpenters Union Local 152
Emma Castro, Concord
Ron Hellevig, Union Iron Worker Apprentice
Mac Charlie
Anthony Viscuso, Heat and Frost Insulators Union Local 16 Jennifer Odel, Concord
Charlene Sigman, School of Imagination and Happy Talkers Daniel Pineda, Iron Workers Union Local 378
Mark Plubell, Insulators Union Local 16
Tiffany Paulson, Concord
Ryan Ruff, BAC Local 3
Rachel Shoemake, Concord
Bill Whitney, Contra Costa Building Trades Council
Fernando Campos, Concord
Julio Zamulio, Concord
Nicholas Stratton
Sedique Popal, New Islamic and Cultural Community Center Treston Shull, Laborers Union Local 324
Israel Vargas, Plasterers Union Local 66
John Perez, Concord – email
Richard Benzler, R&J Electric, Inc., – email
Anthony Aiello, Eastbay Men’s Recovery Center – email
Sara Glascock, Concord – email

City Council Minutes October 26, 2021
7 Theresa Guidi, Melody Lighting, Inc., – email
George Smylie, Sr., Retired Concord High Football Coach and Teacher – email Ashley Combes, – email
Daniel Skalin, Concord – email
Jaime Gonzalez Cruz, Operating Engineers – email
Jeff Hutson, Vallee Builders – email
David Majeroni – email
David Woodland – email
Kevin Cabral, Greater Concord Chamber of Commerce – email Brian Brennan, PR Construction – email
Mike Sponsler on behalf of Assemblymember Tim Grayson – email Lacie Dodd – email
Klyer Haun, Local 104 Sheet Metal Worker – email
Edgar – email
Breck Nielsen – email
Steve Bell, Carpenters Local #152 – email
Erlene Demarcus, Former BART Board President – email
Jason Cerecedes Astonishing Construction – email
Corey Wood – email
Tom Meyer, Galaxy Press – email
Jennifer Scholting, Design Electric – email
Nicole Dodd – email
Jose Hernandez, La Morenita Market – email
Dale Brooks, Contra Costa Door – email
Leah Baird – email
Mike Nesbitt, SMW Local Union No. 104 – email
Mitch Sigman, School of Imagination and Happy Talkers
Joe Clare, Concord
Richard Matthews, Loan Depot
Scott Wagner, Concord
Ron Leone, Concord
Sadie Wilson, Greenbelt Alliance, emphasized the importance of the Master Developer complying with all terms in the proposed ENA.

Rosina Shipman, Hope Solutions, spoke in support of the importance of the Master Developer to comply with the legally binding terms in the ENA and work with non-profit housing providers.

City Council Minutes October 26, 2021
8 Joshua Anijar, Contra Costa Central Labor Council, spoke of the Project’s ability to solve housing and job issues and the Labor Council’s desire for the Council to ensure that the Master Developer adheres to the ENA provisions.

George Fulmore spoke of the need for affordable housing.

Citizens for Historical Equity emailed stating the coalition’s enthusiasm to continue the partnership with the City of Concord and East Bay Regional Park District to ensure the Concord Reuse Project is implemented in a manner that is respectful of the environment.

Gloria Bruce, East Bay Housing Organization, emailed regarding the importance of clarifying requirements and expectations for affordable housing.

Stephen McCaffree emailed asking who would be making the decisions for Concord First Partners, LLC.

Yulie Padmore emailed regarding the importance of s positive relationship between the Master Developer and the East Bay Regional Park District.

Natalie Bonnewit emailed regarding the importance of clarifying requirements and expectations for affordable housing.

Debra Ballinger, Monument Impact, emailed regarding the importance of clarifying requirements and expectations for affordable housing.

The Mayor closed the public comment period, and following discussion by the City Council, a motion was made by Aliano and seconded by Birsan to adopt Resolution No. 21-29 entitled, “A Resolution Authorizing the City Manager to Execute An Exclusive Agreement (ENA) to Negotiate Between the Local Reuse Authority and Concord First Partners, LLC Regarding Disposition and Development of Approximately 2,350 Acres of the Inland Area of the Former Concord Naval Weapons Station” with the corrections/additions to documents outlined in staff’s PowerPoint Presentation, and authorize the City Manager to Execute the ENA in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.

Because the time was after 10 p.m., a motion was required to consider the rest of the Agenda items. A motion was made by Obringer and seconded by Birsan to continue the meeting and consider the rest of the agenda items. The motion passed by unanimous vote of the Council.

CORRESPONDENCE
a. Written Public Comment, Agenda Item No. 2.a
b. Benched Correspondence, Agenda Item No. 9.a – Exclusive Agreement to Negotiate c. Benched Correspondence after 3 p.m., Agenda Item No. 9.a – Exclusive Agreement to Negotiate
d. PowerPoint Presentation, Agenda Item No. 9.a – Exclusive Agreement to Negotiate e. Concord Communities Alliance Petition, Agenda Item No. 9.a – Exclusive Agreement to Negotiate

COUNCIL REPORTS
MAYOR’S FORMATION OF A COUNCIL AD HOC COMMITTEE – Early Activation Opportunities for the Campus District and Tournament Sports Complex as Part of the CNWS Development Mayor McGallian appointed Councilmember Obringer and himself to an Ad Hoc Committee for the period of up to one year to explore early activation opportunities for the Campus District and Tournament Sports Complex as part of the CNWS development.

City Council Minutes October 26, 2021
9 Councilmembers shared information on events and activities in which they had participated since the last meeting and commented on items of interest.

ADJOURNMENT
By order of the Mayor, the meeting was adjourned on October 27, 2021, at 12:31 a.m.

TIMOTHY A. MCGALLIAN
MAYOR

JOELLE FOCKLER, MMC

CITY CLERK

1 REGULAR MEETING OF THE

CONCORD CITY COUNCIL

VARIOUS ELECTRONIC LOCATIONS
WEDNESDAY, OCTOBER 27, 2021
(continued from October 26, 2021)
The Concord City Council met in a continued regular meeting via various telephonic/electronic locations at 7:32 a.m. on Wednesday, October 27, 2021, with Mayor McGallian presiding. All Councilmembers were in attendance. The meeting was reconvened in a closed session Conference with Labor Negotiators Pursuant to Government Code Section 54957.6. Agency designated representatives: Valerie Barone, City Manager; Jasmin Loi, Director of Human Resources; Karan Reid, Director of Finance; Anne Maze, A. Maze, Inc.; Donna Williamson, Esq., Liebert Cassidy Whitmore. Employee organizations: Administrative, Technical & Clerical Representation Unit and Field & Operations Representation Unit of International Brotherhood of Teamsters Local 856; Professional Representation Unit of OPEIU Local 29; Peace Officer Representation Unit of Concord Police Officers Association; and Police Managerial Representation Unit of Police Management Association. Unrepresented employees: Executive, Management & Confidential Employees, City Attorney, City Manager.

By order of the Mayor, the meeting was adjourned at 7:57 a.m.

TIMOTHY A. MCGALLIAN
MAYOR

JOELLE FOCKLER, MMC

CITY CLERK

1 REGULAR MEETING OF THE

CONCORD CITY COUNCIL

VARIOUS ELECTRONIC LOCATIONS
TUESDAY, NOVEMBER 2, 2021
The Concord City Council met in a regular meeting via various telephonic/electronic locations at 5:30 p.m. on Tuesday, November 2, 2021, with Mayor McGallian presiding. All Councilmembers were in attendance. Mayor McGallian opened a public comment period, and upon receiving no public comment, closed the public comment period. The meeting was recessed and immediately reconvened in a closed session Conference with Labor Negotiators Pursuant to Government Code Section 54957.6. Agency designated representatives: Valerie Barone, City Manager; Jasmin Loi, Director of Human Resources; Karan Reid, Director of Finance; Anne Maze, A. Maze, Inc.; Donna Williamson, Esq., Liebert Cassidy Whitmore. Employee organizations: Administrative, Technical & Clerical Representation Unit and Field & Operations Representation Unit of International Brotherhood of Teamsters Local 856; Professional Representation Unit of OPEIU Local 29; Peace Officer Representation Unit of Concord Police Officers Association; and Police Managerial Representation Unit of Police Management Association. Unrepresented employees: Executive, Management & Confidential Employees, City Attorney, City Manager.

The meeting recessed at 6:30 p.m. to reconvene in open session via various electronic locations.

The Concord City Council met in a regular meeting via various electronic locations at 6:30 p.m. on Tuesday, November 2, 2021, with Mayor McGallian presiding. Minutes follow in abbreviated form per Resolution 3361 and Council Minutes of September 26, 1966.

ROLL CALL

COUNCILMEMBERS PRESENT VIA
VARIOUS ELECTRONIC LOCATIONS: Dominic Aliano, Edi Birsan, Laura Hoffmeister, Carlyn Obringer, Tim McGallian

STAFF PRESENT VIA VARIOUS
ELECTRONIC LOCATIONS: Valerie Barone, City Manager; Justin Ezell, Assistant City Manager; Susanne Brown, City Attorney; Joelle
Fockler, City Clerk; Neetu Salwan, Deputy City Clerk;
Greg Taylor, Director of Information Technology; Mark
Bustillos, Chief of Police; Kevin Marstall, Interim Director of Community Development; Karan Reid, Director of
Finance; Jennifer Ortega, Community Relations
Manager; Ali Hatefi, Associate Civil Engineer; Bernard
Enrile, Senior Civil Engineer; Brenda Kain, Housing
Manager; Bruce Davis, Senior Civil Engineer; Kevin
Wheat, Associate Civil Engineer

MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: George Fulmore; Ady; Mara Berton, Concord; Jack Fliehmann, Concord; Cora Mitchell; Laura Nakamura

PUBLIC COMMENT PERIOD
Emailed comments were read into the record by City Clerk Joelle Fockler.

George Fulmore spoke of the Council not representing low income citizens and of unjust rent hikes.

City Council Minutes November 2, 2021
2 Ady commented that she couldn’t put her camera on and spoke in opposition to drone use.

Mara Berton, Concord, spoke in opposition to drone use and requested that a Police Department Citizens Oversight Committee be formed.

Jack Fliehmann, Concord, emailed about an unhoused family that had difficulty obtaining services and announcing that he won a Jefferson Award for his work with the homeless.

The Mayor opened the public hearing item next because it was after 7 p.m. and the item was noticed to begin at 7 p.m.

CITY COUNCIL PUBLIC HEARING
2022 REDISTRICTING PROCESS – Public Hearing #1
The Notice of Public Hearing was published in the East Bay Times and posted in the Civic Center posting cabinet on October 26, 2021.

Assistant City Manager Justin Ezell introduced the Redistricting Process team and handed over the presentation to Community Relations Manager Jennifer Ortega, who provided an overview of the redistricting process, including the public outreach plan and how two navigate through the City’s dedicated redistricting website.

Ms. Ortega turned the presentation over to Demographer Michael Wagaman, Wagaman and Associates, who explained redistricting and the 2022 process and timeline.

Following questions by the Council, Mayor McGallian opened a public comment period.

George Fulmore stated that District 3 is a Latino Community of Interest and requested that District 3 be kept as it is.

Mayor McGallian closed the public comment period.

The City Council made final comments on the item, and the item was closed.

CITY COUNCIL CONSENT CALENDAR
Mayor McGallian opened a public comment period and, upon receiving no comment, closed the public comment period.

APPROVAL OF MEETING MINUTES – September 28, and October 5, 2021 A motion was made by Birsan and seconded by Obringer to approve the minutes from the meetings of September 28, and October 5, 2021. Vice Mayor Aliano abstained from voting on the September 28 minutes because he was not at the meeting. The motion passed by the following vote of the Council:

September 28, 2021, Minutes:

AYES: Birsan, Hoffmeister, Obringer, McGallian NOES: None ABSTAIN: Aliano October 5, 2021, Minutes:

AYES: Aliano, Birsan, Hoffmeister, Obringer, McGallian NOES: None ABSTAIN: None

City Council Minutes November 2, 2021
3 APPROVAL OF AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT – Ruggeri- Jensen-Azar
This item was pulled from consideration on the Consent Calendar by Councilmember Obringer to highlight the project process and note that the project is in the design phase.

Mayor McGallian opened a public comment period and, upon receiving no public comment, closed the public comment period.

A motion was made by Obringer and seconded by Birsan to approve an Amendment to the Professional Services Agreement (PSA) with Ruggeri-Jensen-Azar, in the amount of $101,832 to provide design engineering and other related services for East Downtown Concord PDA Access and Safe Routes to Transit (Project No. 2457); and authorize the City Manager to sign the agreement in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.

APPROVAL OF PURCHASE AND REPLACEMENT OF MULTI-FUNCTION PRINTER/COPIERS – KBA Docusys
A motion was made by Birsan and seconded by Obringer to approve the purchase and replacement of Multi-Function Printer/Copiers from KBA Docusys in an amount of $179,974 plus a 15% contingency for a not to exceed amount of $206,970; and authorize the City Manager to execute a Printer/Copier Maintenance and Support Agreement with KBA Docusys in an amount not to exceed $80,000 per year in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council

APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WHITMAN ROAD SANITARY SEWER IMPROVEMENTS, PROJECT NO. 2513 – Bellecci and Associates A motion was made by Birsan and seconded by Obringer to approve a Professional Services Agreement with Bellecci and Associates in the not-to-exceed amount of $153,465.40 (base agreement of $139,514 plus staff authority to spend up to a contingency of $13,951.40) for design engineering and related services for Whitman Road Sanitary Sewer Improvements (Project No. 2513); and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.

CONTRA COSTA COUNTY REDISTRICTING PROCESS - LETTER STATING CONCORD CITY

COUNCIL'S DESIRE TO HAVE THE ENTIRE CITY IN ONE SUPERVISORIAL DISTRICT This item was pulled from consideration on the Consent Calendar by Councilmember Obringer to express support for keeping Concord under one County Supervisor District and Ady Olvera, Concord, who spoke in opposition to Contra Cost County Map No. 5.

Mayor McGallian opened a public comment period, and upon receiving no public comment, closed the public comment period.

Following discussion by the City Council, a motion was made by Obringer and seconded by Hoffmeister to approve endorsement of a letter to the Contra Costa County Board of Supervisors stating Concord City Council's desire to have the entire City in one Supervisorial District with revised language to reflect support for Contra Costa County Map D if Concord cannot be kept in one district and encouraging additional time for community engagement. The motion passed by unanimous vote of the Council.

RESOLUTION NO. 21-3493.4 – Community Services Manager

City Council Minutes November 2, 2021
4 This item was pulled from consideration on the Consent Calendar by Councilmember Obringer to highlight the process and the next steps the City is taking to assist the City’s unsheltered residents.

Mayor McGallian opened a public comment period.

Cora Mitchell spoke of the lack of shelter offered to the unsheltered.

Ady spoke of the need for the position to fill the gaps and assist unsheltered residents that cannot get services from CORE.

George Fulmore spoke in support of the coordinator position and requested that the coordinator report out quarterly at Housing & Economic Development Committee meetings.

Laura Nakamura spoke in support of the coordinator position and the need for emergency shelters during storms.

Mayor McGallian closed the public comment period.

A motion was made by Obringer and seconded by Aliano to adopt Resolution No. 21- 3493.4 entitled, “A Resolution to: 1) Add a Full-Time Community Services Manager Position to the Housing Program of the Community Development Department, with an Annual Salary Range of $96,366 to $132,496; and 2) Authorize the City Manager to Enter into an Amendment to the Contract with Contra Costa County to Add a Full-Time Masters Level Social Worker to the Coordinated Outreach Referral Engagement (CORE) Team for this Fiscal Year and Next (Fiscal Years 2021-22 and 2022-23) in a Total Amount Not to Exceed $183,000 in a Form Approved by the City Attorney; and 3) Appropriate $170,000 in FY 2021-22 and $180,000 in FY 2022-23 from Concord Successor Housing Fund 245 Grants Funds; and $61,000 in FY 2021-22 and $122,000 in FY 2022-23 from American Rescue Plan Act Fund 274.” The motion passed by unanimous vote of the Council.

CORRESPONDENCE
a. PowerPoint Presentation, Agenda Item No. 7.f – Services to the Unsheltered b. Benched Correspondence, Agenda Item No. 8.a – Redistricting Process c. Staff PowerPoint Presentation, Agenda Item No. 8.a – Redistricting Process d. Demographer PowerPoint Presentation, Agenda Item No. 8.a – Redistricting Process

COUNCIL REPORTS
It was the consensus of the City Council to individually sign a pledge retroactive to August 21, 2021, declaring that City Councilmembers will accept political donations from the Concord Reuse Project Master Developer and its affiliates, and directed City Attorney to develop the pledge.

Councilmembers shared information on events and activities in which they had participated since the last meeting and commented on items of interest.

ADJOURNMENT
By order of the Mayor, the meeting was adjourned on 9:18 p.m.

TIMOTHY A. MCGALLIAN
MAYOR

City Council Minutes November 2, 2021
5 JOELLE FOCKLER, MMC

CITY CLERK

1 REGULAR MEETING OF THE

CONCORD CITY COUNCIL/CITY

COUNCIL SITTING AS THE LOCAL

REUSE AUTHORITY/CITY COUNCIL

SITTING AS THE

CONCORD/PLEASANT HILL HEALTH

CARE DISTRICT

VARIOUS ELECTRONIC LOCATIONS
TUESDAY, NOVEMBER 9, 2021
The Concord City Council met in a regular meeting via various telephonic/electronic locations at 5:30 p.m. on Tuesday, November 9, 2021, with Mayor McGallian presiding. All Councilmembers were in attendance. Mayor McGallian opened a public comment period, and upon receiving no public comment, closed the public comment period. The meeting was recessed and immediately reconvened in a closed session Conference with Labor Negotiators Pursuant to Code Section 54957.6. Agency designated representatives: Valerie Barone, City Manager; Jasmin Loi, Director of Human Resources; Karan Reid, Director of Finance; Anne Maze, A. Maze, Inc.; Donna Williamson, Esq., Liebert Cassidy Whitmore. Employee organizations: Administrative, Technical & Clerical Representation Unit and Field & Operations Representation Unit of International Brotherhood of Teamsters Local 856; Professional Representation Unit of OPEIU Local 29; Peace Officer Representation Unit of Concord Police Officers Association; and Police Managerial Representation Unit of Police Management Association. Unrepresented employees:

Executive, Management & Confidential Employees, City Attorney, City Manager.

The meeting recessed at 6:30 p.m. to reconvene in open session via various electronic locations.

The Concord City Council met in a regular meeting via various electronic locations at 6:30 p.m. on Tuesday, November 9, 2021, with Mayor McGallian presiding. Minutes follow in abbreviated form per Resolution 3361 and Council Minutes of September 26, 1966.

ROLL CALL

COUNCILMEMBERS PRESENT VIA
VARIOUS ELECTRONIC LOCATIONS: Dominic Aliano, Edi Birsan, Laura Hoffmeister, Carlyn Obringer, Tim McGallian

STAFF PRESENT VIA VARIOUS
ELECTRONIC LOCATIONS: Valerie Barone, City Manager; Justin Ezell, Assistant City Manager; Susanne Brown, City Attorney; Joelle
Fockler, City Clerk; Neetu Salwan, Deputy City Clerk;
Greg Taylor, Director of Information Technology; Kevin
Marstall, Interim Director of Community Development;
Steve Voorhies, Director of Parks and Recreation; Mark
Bustillos, Chief of Police; John Fuller, Interim Director of Public Works; Karan Reid, Director of Finance; Ali
Hatefi, Associate Civil Engineer; Mindy Gentry, Planning Manager; Bernard Enrile, Senior Civil Engineer; Bruce
Davis, Senior Civil Engineer; Lisa Potvin, Special Events Program Manager

MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: George Fulmore; Ady

PUBLIC COMMENT PERIOD
George Fulmore spoke in support for the working class rental community.

City Council Minutes November 9, 2021
2 Ady spoke of the need for support of the unhoused during inclement weather.

PRESENTATION
SHELTER, INC. – 35th ANNIVERSARY
Mayor McGallian presented CEO John Eckstrom and Chief of Staff Magen Jack, Shelter, Inc., a proclamation declaring November 17, 2021, as “Shelter, Inc. Day” in the City of Concord commemorating Shelter, Inc.'s 35th anniversary.

John Eckstrom, Shelter, Inc., provided an overview of the program and noted that the program is available to support and help anyone who needs help.

Following questions by the Council, Mayor McGallian opened a public comment period.

George Fulmore questioned if ERAP funds given to Shelter, Inc. were distributed.

Mayor McGallian closed the public comment period.

CITY COUNCIL CONSENT CALENDAR
Mayor McGallian opened a public comment period and upon receiving no comment, closed the public comment period.

ADOPT ORDINANCE NO. 21-5 – Shell Gas Station Convenience Store and Development Code Amendment
A motion was made by Aliano and seconded by Obringer to adopt Ordinance No. 21-5 entitled, “An Ordinance Approving: 1) A Revision to the 1500 – 1790 Concord Avenue Project Addendum to the Final Supplemental Environmental Impact Report (2012 SEIR) to the Concord 2030 Urban Area General Plan (2030 General Plan); And 2) Amendments to Concord Municipal Code, Title 18, Concord Development Code (CDC) as Follows: A) Revise "Convenience Store," "Convenience Store with Alcohol Sales," and "Liquor Store," Use Classifications in CDC Section

18.20.020 (Use Classifications); B) Revise CDC Table 18.45.020 (Downtown Districts) to Allow "Convenience Store with Alcohol Sales" in the WMX (West Concord Mixed Use) Zoning District Subject to A Use Permit; C) Revise Standards Related to Gas Stations, Convenience Stores, and Car Washes in CDC Section 18.200.090 (Gas Stations and Car Washes); and D) Revise CDC Chapter 18.200 (Standards for Specific Uses) to include New Standards for Convenience Stores.” Ordinance No. 21-5 was introduced on October 12, 2021, by reading of the title only and waiving further reading. The motion passed by unanimous vote of the Council.

ADOPT ORDINANCE NO. 21-6 – Solid Waste
A motion was made by Aliano and seconded by Obringer to adopt Ordinance No. 21-6 entitled, “An Ordinance Amending Concord Municipal Code Chapter 8.20 (Solid Waste).” Ordinance No. 21-6 was introduced on October 26, 2021, by reading of the title only and waiving further reading. The motion passed by unanimous vote of the Council.

APPROVAL OF AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT – Robert Half International, Inc.

A motion was made by Aliano and seconded by Obringer to approve the Third Amendment to the Professional Services Agreement for financial and accounting services with Robert Half International, Inc. in the amount of $31,000 for not to exceed amount of $105,000; and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.

City Council Minutes November 9, 2021
3 AWARD CONSTRUCTION CONTRACT – CLAYTON ROAD TRAFFIC OPERATION IMPROVEMENTS - PHASE 1 (PROJECT NO. 2547) – DV Electric Co.

A motion was made by Aliano and seconded by Obringer to 1) award a construction contract in the amount of $439,182.55 to DV Electric Co. for Clayton Road Traffic Operation Improvements - Phase 1 (Project No. 2547), authorize staff to utilize available project contingency for contract change orders up to 10% of the contract amount; and authorize the Mayor to execute the contract in a form acceptable to the City Attorney; 2) approve a related budget transfer of $65,000 (Measure Q Funds) from Oak Grove Road Pavement Rehabilitation - Phase 2 (Project No. 2423) to Clayton Road Traffic Operation Improvements - Phase 1 (Project Funded by IT Operation Funds, Measure Q Funds, and Measure V Funds). The motion passed by unanimous vote of the Council.

ADOPT RESOLUTION NO. 21-60 – Final Map for Subdivision 9506, Clayton Road Townhomes A motion was made by Aliano and seconded by Obringer to adopt Resolution No. 21-60 entitled, “A Resolution Approving the Final Map for Subdivision 9506, Clayton Road Townhomes, Assessor's Parcel No. 105-092-021.” The motion passed by unanimous vote of the Council.

APPOINT MEMBERS TO THE CONCORD PAVILION OUTREACH COMMITTEE A motion was made by Aliano and seconded by Obringer to re-appoint Aeysha Corio and Cedric Cheng to the Concord Pavilion Outreach Committee four-year terms ending February 28, 2025, and appoint Assaf Barnir and Angie Rajczyk to the Concord Pavilion Outreach Committee for two-year terms ending February 28, 2023. The motion passed by unanimous vote of the Council.

CITY COUNCIL/LOCAL REUSE AUTHORITY/PLEASANT HILL/CONCORD HEALTH CARE

DISTRICT CONSENT CALENDAR
CITY COUNCIL RESOLUTION NO. 21-62, LOCAL REUSE AUTHORITY RESOLUTION NO. 21- 30, CONCORD/PLEASANT HILL HEALTH CARE DISTRICT RESOLUTION NO. 21-021 – Continue Meetings Remotely, AB 361
A motion was made by Aliano and seconded by Obringer to adopt Resolution No. 21-62, Local Reuse Authority Resolution No. 21-30, and Concord/Pleasant Hill Health Care District Resolution No. 21-021 entitled, “A Resolution Declaring the Need for the City Council, Local Reuse Authority, Concord/Pleasant Hill Health Care District, Standing City Council Subcommittees, and all City Boards, Commissions, and Committees to Continue to Meet Remotely Pursuant to AB 361.” The motion passed by unanimous vote of the Council.

CITY COUNCIL PUBLIC HEARING

POLE LICENSE AGREEMENT WITH NEW CINGULAR WIRELESS, PCS, LLC The Public Hearing notice was published in the East Bay Times and posted in the Civic Center posting cabinet on September 29 and October 7, 2021.

Planning Manager Mindy Gentry presented the staff report and confirmed that the City Council was being requested to approve a template Pole License Agreement to attach small wireless facilities on City-owned vertical infrastructure; authorize the City Manager to execute Pole License Agreements with wireless carriers for small wireless facilities; and amend the Master Fee and Charges Schedule to establish associated fees. Ms. Gentry noted that a benched Resolution and Agreement were before the Council for adoption.

Mayor McGallian opened a public comment period and upon receiving no comment, closed the public comment period.

City Council Minutes November 9, 2021
4 A motion was made by Hoffmeister and seconded by Birsan to adopt benched Resolution No. 21-59 entitled, “A Resolution Approving a Template Pole License Agreement with New Cingular Wireless PCS, LLC and Other Wireless Providers to Attach Small Wireless Communication Facilities to City-Owned Vertical Infrastructure in the Public Right-of-Way; and Authorize the City Manager to Execute Pole License Agreements with New Cingular Wireless PCS, LLC and with Other Wireless Carriers in a Materially Similar Form for Qualifying Small Wireless Communication Facility Installations.” The motion passed by unanimous vote of the Council.

A motion was made by Obringer and seconded by Birsan to adopt Resolution No. 21- 6042.2 entitled, “A Resolution Amending Exhibit A to Resolution No. 78-6042 (Establishing Fees and Charges for Various Municipal Services in the City of Concord), Establishing Fees Associated with a Pole License Agreement.” The motion passed by unanimous vote of the Council.

CITY COUNCIL CONSIDERATION ITEMS
AMERICAN RESCUSE PLAN ACT (ARPA) – AMENDMENT TO AGREEMENT – Management Partners
Director of Finance Karan Reid provided an overview of the Concord’s American Rescue Plan Act (ARPA) Investment Plan, including the Community Engagement Plan, Council approved Guiding Principles, and project timeline. Ms. Reid reported that the Council was being requested to approve an amendment to the professional services agreement with Management Partners.

Mayor McGallian opened a public comment period.

Ady spoke of her confusion about the item and its relationship to ARPA funds.

George Fulmore stated that the funds could be better spent on traffic signals.

Mayor McGallian closed the public comment period.

A motion was made by Hoffmeister and seconded by Obringer to approve an Amendment to the Professional Services Agreement, AA-3192, with Management Partners in the amount of $65,700, plus a contingency of $10,000, for a not to exceed amount of $111,200 (including costs of past work); and authorize the City Manager to execute the amendment in a form approved by the City Attorney. The motion passed by unanimous vote of the Council.

CREATIVE CONCORD MURAL PROGRAM
Special Events Program Manager Lisa Potvin and President and CEO of Visit Concord Elaine Schroth collectively provided the Creative Concord Mural Program overview, and noted that the Council was being requested to endorse the program, wave permit fees, and provide $41,000 of funding to the program.

Following questions by the Council, Mayor McGallian opened a public comment period, and upon receiving no public comment, closed the public comment period.

A motion was made by Aliano and seconded by Obringer to endorse the Creative Concord Mural Program; wave Design Review and Special Event Permit Fees for the Creative Concord Mural Program; and appropriate $41,000 from City Arts Funds (to be remitted to Visit Concord after the successful generation of an additional $25,000) to support the Creative Concord Mural Program, as follows: $25,000 from the City Arts in Public Places Fund (Fund 285) and $16,000 from the Former RDA Bond Proceeds for Arts Fund (Fund 286). The motion passed by unanimous vote of the Council.

City Council Minutes November 9, 2021
5 ADOPT RESOLUTION NO. 21-61 – Tourism Improvement Business District's 2021-2022 Annual Report
Special Events Program Manager Lisa Potvin presented the staff report and confirmed that the Council was being requested to adopt a resolution to accept the Concord Tourism Improvement District’s 2021-2022 Annual Report.

Ms. Potvin introduced President and CEO of Visit Concord Elaine Schroth, who played a highlight video created by Visit Concord.

Following questions by the Council, Mayor McGallian opened a public comment period, and upon receiving no public comment, closed the public comment period.

A motion was made by Aliano and seconded by Obringer to adopt Resolution No. 21-61 entitled, “A Resolution Accepting the Concord Tourism Improvement District’s 2021-2022 Annual Report.” The motion passed by unanimous vote of the Council.

CORRESPONDENCE
a. Benched Resolution and Pole License Agreement, Agenda Item No. 10.a – Pole License Agreement (PLA)
b. Benched Correspondence, Agenda Item No. 9.a – American Rescue Plan Act (ARPA) c. PowerPoint Presentation, Agenda Item No. 9.a – American Rescue Plan Act (ARPA) d. PowerPoint Presentation, Agenda Item No. 10.a – Pole License Agreement (PLA)

COUNCIL REPORTS
Councilmembers shared information on events and activities in which they had participated since the last meeting and commented on items of interest.

ADJOURNMENT
By order of the Mayor, the meeting was adjourned at 8:50 p.m.

TIMOTHY A. MCGALLIAN
MAYOR

JOELLE FOCKLER, MMC

CITY CLERK

1 SPECIAL MEETING OF THE

CONCORD CITY COUNCIL

VARIOUS ELECTRONIC LOCATIONS
MONDAY, NOVEMBER 29, 2021
The Concord City Council met in a special meeting via various telephonic/electronic locations at 6:00 p.m. on Monday, November 29, 2021, with Mayor McGallian presiding. All Councilmembers were in attendance. Mayor McGallian opened a public comment period, and upon receiving no public comment, closed the public comment period. The meeting was recessed and immediately reconvened in a closed session Conference with Labor Negotiators Pursuant to Government Code Section 54957.6. Agency designated representatives: Valerie Barone, City Manager; Jasmin Loi, Director of Human Resources; Karan Reid, Director of Finance; Anne Maze, A. Maze, Inc.; Donna Williamson, Esq., Liebert Cassidy Whitmore. Employee organizations: Administrative, Technical & Clerical Representation Unit and Field & Operations Representation Unit of International Brotherhood of Teamsters Local 856; Professional Representation Unit of OPEIU Local 29; Peace Officer Representation Unit of Concord Police Officers Association; and Police Managerial Representation Unit of Police Management Association. Unrepresented employees: Executive, Management & Confidential Employees, City Attorney, City Manager.

By order of the Mayor, the meeting was adjourned at 6:30 p.m.

TIMOTHY A. MCGALLIAN
MAYOR

JOELLE FOCKLER, MMC

CITY CLERK

1 SPECIAL MEETING OF THE

CONCORD CITY COUNCIL

VARIOUS ELECTRONIC LOCATIONS
MONDAY, DECEMBER 6, 2021
The Concord City Council met in a special meeting via various electronic locations at 6:00 p.m. on Monday, December 6, 2021, with Mayor McGallian presiding. Minutes follow in abbreviated form per Resolution 3361 and Council Minutes of September 26, 1966.

ROLL CALL

COUNCILMEMBERS PRESENT VIA
VARIOUS ELECTRONIC LOCATIONS: Dominic Aliano, Edi Birsan, Laura Hoffmeister, Carlyn Obringer, Tim McGallian

STAFF PRESENT VIA VARIOUS
ELECTRONIC LOCATIONS: Valerie Barone, City Manager; Susanne Brown, City Attorney; Justin Ezell, Assistant City Manager; Joelle
Fockler, City Clerk; Neetu Salwan, Deputy City Clerk;
Greg Taylor, Director of Information Technology; Karan
Reid, Director of Finance; Jasmin Loi, Director of Human Resources

MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: None

CITY COUNCIL CONSIDERATION ITEMS
ADOPT RESOLUTION NO. 21-4735.2 – Memorandum of Understanding (MOU) between the City of Concord (City) and the Office and Professional Employees International Union Local 29 (OPEUI Local 29) – July 1, 2021 through June 30, 2023
ADOPT RESOLUTION NO. 21-4735.3 – Memorandum of Understanding (MOU) between the City of Concord and the Administrative, Technical & Clerical Representation Unit Public Employees’ Union and the Field & Operations Representation Unit Public Employees’ Union, Teamsters Local 856 (Teamsters Local 856) – July 1, 2021 through June 30, 2023 Director of Human Resources Jasmin Loi presented the staff report, confirming that the City Council was being asked to adopt two Resolutions approving the MOU’s with the Office and Professional Employees International Union (OPEIU Local 29) and Administrative, Technical, & Clerical Representation Unit Public Employees’ Union and the Field & Operations Representation Unit Public Employees’ Union, Teamsters Local 856 (Teamsters Local 856) for the period July 1, 2021 through June 30, 2023.

Mayor McGallian opened a public comment period, and upon receiving no public comment, closed the public comment period.

A motion was made by Birsan and seconded by Obringer to adopt Resolution No. 21- 4735.2 entitled, “A Resolution Approving the Memorandum of Understanding between the City of Concord and the Office and Professional Employees International Union Local 29 for the Period of July 1, 2021 through June 30, 2023; and Authorizing a Budget Appropriation in an Amount Not to Exceed $62,500 from ARPA Fund 274 in Fiscal Year 2021-22.” The motion passed by unanimous vote of the Council.

A motion was made by Hoffmeister and seconded by Birsan to adopt Resolution No. 21- 4735.3 entitled, “A Resolution Approving the Memorandum of Understanding between the City of Concord and the Administrative, Technical & Clerical Representation Unit Public Employees’ Union and the Field & Operations Representation Unit Public Employees’ Union, Teamsters Local 856 for the Period of July 1, 2021 through June 30, 2023; and Authorizing a Budget Appropriation

City Council Minutes December 6, 2021
2 in an Amount Not to Exceed $305,700 from ARPA Fund 274 in Fiscal Year 2021-22.” The motion passed by unanimous vote of the Council.

CORRESPONDENCE
a. PowerPoint Presentation, Agenda Item No. 2.a – Successor MOU with OPEIU Local 29; and Successor MOU with Teamsters Local 856

ADJOURNMENT
By order of the Mayor, the meeting was adjourned at 6:15 p.m.

TIMOTHY A. MCGALLIAN
MAYOR

JOELLE FOCKLER, MMC

CITY CLERK

1 REGULAR MEETING OF THE

CONCORD CITY COUNCIL/CITY

COUNCIL SITTING AS THE LOCAL

REUSE AUTHORITY/CITY COUNCIL

SITTING AS THE

CONCORD/PLEASANT HILL HEALTH

CARE DISTRICT

VARIOUS ELECTRONIC LOCATIONS
TUESDAY, DECEMBER 7, 2021
The Concord City Council met in a regular meeting via various telephonic/electronic locations at 5:41 p.m. on Tuesday, December 7, 2021, with Mayor McGallian presiding. All Councilmembers were in attendance. Mayor McGallian opened a public comment period, and upon receiving no public comment, closed the public comment period. The meeting was recessed and immediately reconvened in a closed session for Conference with Legal Counsel – Anticipated Litigation – Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9:

One potential case and Public Employee Appointment pursuant to Government Code Section 54957(b)(1) Title: Director of Public Works.

The meeting recessed at 6:38 p.m. to reconvene in open session via various electronic locations.

The Concord City Council met in a regular meeting via various electronic locations at 6:38 p.m. on Tuesday, December 7, 2021, with Mayor McGallian presiding. Minutes follow in abbreviated form per Resolution 3361 and Council Minutes of September 26, 1966.

ROLL CALL

COUNCILMEMBERS PRESENT VIA
VARIOUS ELECTRONIC LOCATIONS: Dominic Aliano, Edi Birsan, Laura Hoffmeister, Carlyn Obringer, Tim McGallian

STAFF PRESENT VIA VARIOUS
ELECTRONIC LOCATIONS: Valerie Barone, City Manager; Susanne Brown, City Attorney; Justin Ezell, Assistant City Manager; Joelle
Fockler, City Clerk; Neetu Salwan, Deputy City Clerk;
Greg Taylor, Director of Information Technology; Mark
Bustillos, Chief of Police; Kevin Marstall, Interim Director of Community Development; Guy Bjerke, Director of
Economic Development and Base Reuse; Karan Reid,
Director of Finance; Steve Voorhies, Director of Parks
and Recreation; Patti Barsotti, City Treasurer; Bernard Enrile, Senior Civil Engineer; Bruce Davis, Senior Civil Engineer; Frank Abejo, Principal Planner; Mindy Gentry, Planning Manager; Ali Hatefi, Associate Civil Engineer; Tianjun Cao, Associate Civil Engineer; Aldrich Bautista, Associate Civil Engineer; Lorna Villa, Associate Planner

MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: George Fulmore; Hope Johnson, Concord; Ady; Robbie Nash, Plumbers and Pipefitters Local 342; Cora Mitchell, Concord; Colleen Coll, Concord; Jack Fliehmann,
Concord; D’Marco Anthony, Concord; Laura Nakamura;
Leann; Jamie Longacre; Robin Miller, Trumark Homes;
Jason

PUBLIC COMMENT PERIOD

City Council Minutes December 7, 2021
2 Emailed comments were read into the record by City Clerk Joelle Fockler and Deputy City Clerk Neetu Salwan.

George Fulmore commented on items of interest to him.

Hope Johnson, Concord, spoke of the regressive sales tax.

Ady called for Vice Mayor Aliano’s resignation.

Robbie Nash, Plumbers and Pipefitters Local 342, clarified Vice Mayor Aliano didn’t ask the Plumbers and Pipefitters 342 to call anyone.

Cora Mitchell, Concord, stated that Vice Mayor Aliano’ behavior violated her free speech.

Colleen Coll, Concord, emailed stating that she was not properly noticed for the meeting adopting the Final Map for the Clayton Road Townhomes Subdivision.

Jack Fliehmann, Concord, emailed with concern of the increased female homeless population over the past two years.

D’Marco Anthony, Concord, emailed requesting that Vice Mayor Aliano respond to the allegations made against him.

Laura Nakamura emailed urging the Council and City to call for an investigation about the allegations by Cora Mitchell in which Vice Mayor Aliano abused his position to try to squelch her public comment and first amendment rights.

Leann stated that she is employed and has been in contact with CORE.

Jamie Longacre spoke of the increased noise issues with the Clayton Townhomes Project.

PRESENTATION
MAYOR’S COMMUNITY SERVICE AWARD – Raymond Barbour, Christa Fairfield, and Dominic Machi
Mayor McGallian introduced Ray Barbour, Christa Fairfield, and Dominic Machi and presented them with the Mayor’s Community Service Award for their contributions and support of the community during the pandemic.

Following comments by the Council, Mayor McGallian opened a public comment period.

Laura Nakamura congratulated Christa Fairfield.

Mayor McGallian closed the public comment period.

CITY COUNCIL/ LOCAL REUSE AUTHORITY (LRA)/CONCORD/PLEASANT HILL HEALTH

CARE DISTRICT (CPHHCD) CONSENT CALENDAR
Mayor McGallian opened a public comment period, and upon receiving no public comment, closed the public comment period.

CITY COUNCIL CONSENT CALENDAR
ACCEPTANCE OF IMPROVEMENTS FOR PAVEMENT MAINTENANCE ZONE 4, PROJECT NO. 2444

City Council Minutes December 7, 2021
3 A motion was made by Hoffmeister and seconded by Birsan to accept the improvements for Pavement Maintenance Zone 4 (Project No. 2444), a pavement repair project; and direct the City Clerk to file a Notice of Completion. The motion passed by unanimous vote of the Council.

APPROVAL OF PROFESSIONAL SERVICES AGREEMENT FOR THE CITYWIDE PROTECTED LEFT-TURN PHASING PROJECT, PROJECT NO. 2575 – Iteris This item was pulled from consideration on the Consent Calendar by Councilmember Obringer who highlighted the project and the steps that the City is taking to improve safety.

Mayor McGallian opened a public comment period, and upon receiving no public comment, closed the public comment period.

A motion was made by Obringer and seconded by Hoffmeister to approve the Professional Services Agreement with Iteris in the not-to-exceed amount of $162,754 (base agreement of $155,004 plus staff authority to spend up to a 5% contingency of $7,750) for project design and related services for the Citywide Protected Left-Turn Phasing Project (Project No. 2575); and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.

ACCEPTANCE OF IMPROVEMENTS FOR THE CITYWIDE BRIDGE REPAIR PROGRAM – GROUP 2 BRIDGES, PROJECT NO. 2371
A motion was made by Hoffmeister and seconded by Birsan to accept the improvements for the Citywide Bridge Repair Program – Group 2 Bridges, Project No. 2371, located on Willow Pass Road, Concord Avenue, Concord Boulevard, Ygnacio Valley Road, and San Miguel Road; and direct the City Clerk to file a Notice of Completion; and approve a related budget transfer in the amount of $189,288 to the Arterial Pavement Overlay Holding Account (Project No. 2157).

The motion passed by unanimous vote of the Council.

APPROVAL OF TASK ORDER NO. 2 FOR DESIGN ENGINEERING AND RELATED SERVICES FOR POTHOLE AND BASE REPAIR NO. 2, PROJECT NO. 2556 – Diablo Engineering

A motion was made by Hoffmeister and seconded by Birsan to approve Task Order #2 with Diablo Engineering in the not-to-exceed amount of $136,932 (base agreement of $124,484 plus staff authority to spent up to a contingency of $12,448) for design engineering and related services for Pothole and Base Repair #2: Port Chicago and Bates (Project No. 2556); and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney.

The motion passed by unanimous vote of the Council.

ADOPT RESOLUTION NO. 21-63 – Street names for Clayton Road Townhomes Subdivision, Tract No. 9506
This item was pulled from consideration on the Consent Calendar by Councilmember Hoffmeister who suggested alternate street names “Davis Drive” and “Trevor Lane.” Mayor McGallian opened a public comment period.

Robin Miller, Trumark Homes, spoke in support of Councilmember Hoffmeister’s suggested alternatives.

Jamie spoke in opposition to "Trevor Lane."
Mayor McGallian closed the public comment period.

A motion was made by Hoffmeister and seconded by Obringer to continue this item to a future City Council meeting. The motion passed by unanimous vote of the Council.

City Council Minutes December 7, 2021
4 CITY COUNCIL/LOCAL REUSE AUTHORITY/PLEASANT HILL/CONCORD HEALTH CARE

DISTRICT CONSENT CALENDAR
CITY COUNCIL RESOLUTION NO. 21-64, LOCAL REUSE AUTHORITY RESOLUTION NO. 21- 31, CONCORD/PLEASANT HILL HEALTH CARE DISTRICT RESOLUTION NO. 21-022 – Continue Meetings Remotely, AB 361
A motion was made by Aliano and seconded by Obringer to adopt Resolution No. 21-64, Local Reuse Authority Resolution No. 21-31, and Concord/Pleasant Hill Health Care District Resolution No. 21-022 entitled, “A Resolution Declaring the Need for the City Council, Local Reuse Authority, Concord/Pleasant Hill Health Care District, Standing City Council Subcommittees, and all City Boards, Commissions, and Committees to Continue to Meet Remotely Pursuant to AB 361.” The motion passed by unanimous vote of the Council.

CITY COUNCIL REORGANIZATION PROCEEDINGS
Mayor McGallian extended a welcome to other elected officials and visiting dignitaries.

Mayor McGallian opened a public comment period.

Karen Mitchoff, Contra Costa County Supervisor, District 4, congratulated Mayor McGallian for his two years of leadership and spoke in support of appointing Vice Mayor Aliano as Concord’s next Mayor.

Alexia Lopez, Office of Senator Glazer, congratulated Mayor McGallian for his two years of leadership and presented him a certificate of recognition on behalf of Senator Glazer.

Federal D. Glover, Contra Costa County Supervisor, District 5, congratulated Mayor McGallian for two years of leadership.

Mayor McGallian closed the public comment period.

Patti Barsotti, City Treasurer, congratulated Mayor McGallian for his two years of leadership.

The Councilmembers each congratulated Mayor McGallian for his two years of leadership during the pandemic.

Outgoing Mayor McGallian made comments regarding his two years as Mayor, thanked his colleagues, staff, and family, and shared his accomplishments over the past year.

ADOPT RESOLUTION NO. 21-65 – Confirming and Designating Mayor A motion was made by McGallian and seconded by Birsan to nominate Vice Mayor Dominic Aliano as Mayor of the City of Concord.

Mayor McGallian opened a public comment period.

Cora Mitchell spoke in opposition to the nomination.

Jason spoke in opposition to the nomination.

Ady called for Vice Mayor Aliano to resign.

Laura Nakamura thanked Mayor McGallian for his service and spoke in opposition to the nomination.

City Council Minutes December 7, 2021
5 Hope Johnson, Concord, spoke in opposition to the nomination.

Mayor McGallian closed the public comment period.

A motion was made by McGallian and seconded by Birsan to adopt Resolution No. 21-65 entitled, “A Resolution Designating Dominic Aliano as Mayor of the City of Concord.” The motion passed by unanimous vote of the Council.

ADOPT RESOLUTION NO. 21-66 – Confirming and Designating the Vice Mayor A motion was made by Birsan and seconded by Obringer to nominate Councilmember Laura Hoffmeister as Vice Mayor of the City of Concord.

Mayor Aliano opened a public comment period, and upon receiving no public comment, closed the public comment period.

A motion was made by Birsan and seconded by Obringer to adopt Resolution No. 21-66 entitled, “A Resolution Designating Laura M. Hoffmeister as Vice Mayor of the City of Concord.” The motion passed by unanimous vote of the Council.

CONFIRMATION OF LOCAL REUSE AUTHORITY REORGANIZATION
Mayor Aliano opened a public comment period.

Hope Johnson, Concord, stated that the City Council does not have to serve as the Local Reuse Authority; they can appoint to the Authority.

Mayor Aliano closed the public comment period.

A motion was made by McGallian and seconded by Birsan to confirm designation of Mayor Aliano and Vice Mayor Hoffmeister to serve as the Chair and Vice Chair of the Local Reuse Authority for the Concord Naval Weapons Station Reuse Plan respectively, as authorized by Resolution No. 06-01 adopted January 10, 2006. The motion passed by unanimous vote of the Council.

CORRESPONDENCE
a. Written Public Comment, Agenda Item No. 6.a – General Public Comments

ADJOURNMENT
By order of the Mayor, the meeting was adjourned at 8:57 p.m. in recognition of the 88th Anniversary of Pearl Harbor.

DOMINIC ALIANO
MAYOR

JOELLE FOCKLER, MMC

CITY CLERK

Staff Report
Date: January 10, 2022
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kevin Marstall, PE, Interim Community Development Director Bruce Davis, PE, Interim City Engineer
Bernard Enrile, PE, CIP Manager
Prepared by: Tianjun Cao, PE, Associate Civil Engineer
[email protected]
(925) 671-3243
Subject: Considering adoption of a Resolution approving the request to Metropolitan Transportation Commission by the City of
Concord for an allocation of $216,000 of Transportation Development Act Article 3 Pedestrian and Bicycle Project Funding for Fiscal Year 2022-23. This funding will support the Bailey Road Crossing Enhancements Project, located on
Bailey Road at Olive Drive and Limewood Drive.

CEQA: Not a project/exempt per CEQA Guidelines Sections 15060 (c), 15061 (b)(3), 15273, 15282(j),15378, 15301, 15302, 15303, 15304, Public Resources Code Section 21065, and/or 21080.19.

Report in Brief
On November 4, 2021, Contra Costa County Public Works Department issued a call for projects to local agencies in the county for the FY 2022-23 Transportation Development Act Article 3 (TDA) grant cycle. TDA funds are available for bicycle and pedestrian projects that eliminate or improve an identified problem area on routes that would otherwise provide relatively safe and direct bicycle or pedestrian travel use. Each agency in Contra Costa County may submit one project for consideration.

At its meeting on December 15, 2021, the City’s Bicycle and Pedestrian Advisory Committee (BPAC) recommended submitting a TDA grant application in the amount of

3.b3.b3.b3.b3.b

City Council Agenda Report
Agenda Item No. 3.b
January 10, 2022
$216,000 to design and construct the Bailey Road Crossing Enhancements Project, located on Bailey Road at Olive Drive and Limewood Drive.

Recommended Action
Adopt a Resolution approving the request to the Metropolitan Transportation Commission by the City of Concord for an allocation of $216,000 of Transportation Development Act Article 3 Pedestrian and Bicycle Project Funding for Fiscal Year 2022-

23. Background
The Metropolitan Transportation Commission (MTC) is the agency that administers the Transportation Development Act (TDA) grant program. Each year MTC releases a call for bicycle and pedestrian projects to be funded with TDA grant funds. Eligible projects are described as projects that eliminate or improve an identified problem area (specific safety hazards such as high-traffic narrow roadways or barriers to travel) on routes that would otherwise provide relatively safe and direct bicycle or pedestrian travel use, and projects ready for design and construction. Each agency in Contra Costa County may submit one project for consideration.

On November 4, 2021 a call for projects was issued by Contra Costa County Public Works Department to local agencies for the 2022/2023 Transportation Development Act Article 3 (TDA 3) cycle in advance of solicitation by MTC. MTC has not yet released the estimated allocation for Contra Costa County for the FY 2022-2023 grant cycle. Last year’s total allocation for Contra Costa County was approximately $1,100,000.

MTC Resolution No. 4108 specifies that each county and city is required to have a Bicycle Advisory Committee to review and prioritize bicycle and pedestrian projects that are applying for TDA Article 3 grant funds, and to participate in the development and review of comprehensive bicycle plans. The City’s Bicycle and Pedestrian Advisory Committee (BPAC) allows the City to meet this grant requirement.

Analysis
The City of Concord Bicycle, Pedestrian & Safe Routes to Transit Plan (Plan), adopted by City Council on September 27, 2016, recommends a Class 1 path along Bailey Road. Since the adoption of the Plan, the Class 1 path has been constructed and this project would further enhance the path and safety within the surrounding area by connecting residents on the east side of Bailey Road with the existing Class 1 path on the west side of the road. City Staff and the Council-appointed Bicycle and Pedestrian Advisory Committee propose to submit an application to design and construct the Bailey Road Crossing Enhancements Project.

Proposed improvements for the Bailey Road Crossing Enhancements Project will include installing high-visibility crosswalks along Bailey Road at Olive Drive and

City Council Agenda Report
Agenda Item No. 3.b
January 10, 2022
Limewood Drive, Rapid Rectangular Flashing Beacons (RRFBs), and curb ramps at both intersections.

The Bailey Road Crossing Enhancements Project would connect residents on the east side of Bailey Road, and provide them safe access, to the existing Class 1 path on the west side of Bailey Road. There are no sidewalks along the east side of Bailey Road so there is currently no safe and designated crossings on Bailey Road besides at the signalized intersections at Clayton Road and Concord Boulevard. The project would provide crossing enhancements for pedestrians and bicyclists.

On December 15, 2021 BPAC recommended in favor of submitting a TDA grant application for the amount of $216,000 to design and construct the Bailey Road Crossing Enhancements Project.

The total estimated project costs for design and construction is $270,000. The City’s application will be requesting $216,000 (80% of project costs) be funded by the TDA grant, and the remaining $54,000 (20% of project costs) provided as the City’s local match, with the funding source to be determined pending the result of the application.

Staff recommends that the City Council approve a submittal of a FY 2022-23 TDA Article 3 grant application in the amount of $216,000 to design and construct the Bailey Road Crossing Enhancements Project. The City’s local match would be allocated at the time of accepting the grant, should the City be successful in this application.

Financial Impact
The project is dependent upon the receipt of grant funds. The TDA funds will cover $216,000, with the City matching 20% ($54,000) from local funds, for a total cost of $270,000.

Environmental Determination
Pursuant to CEQA Guidelines Sections 15060(c), 15061(b)(3), 15273, 15378, and Public Resources Code Section 21065, approval of a resolution is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, as it will not result in a direct or reasonably foreseeable indirect physical change in the environment. In the alternative, this project is exempt from CEQA pursuant to Public Resources Code Section 21080.19 and CEQA Guidelines Section 15282(j) (Restriping of Streets), CEQA Guidelines Sections 15301 (Existing Facilities), 15302 (Replacement and Reconstruction), 15303 (New Construction or Conversion of Small Structures), and/or 15304 (Minor Alterations to Land) because, among other things, it involves minor alterations to existing streets, the creation of traffic striping on existing rights-of-way, and constriction and location of limited numbers of new small facilities or structures, all as further detailed in this staff report, the resolution, and attachments hereto. No unusual circumstances are present. This finding represents the

City Council Agenda Report
Agenda Item No. 3.b
January 10, 2022
independent judgement of the City of Concord. The Notice of Exemption will be filed with the County Clerk’s office following the Council approval of the resolution.

Public Contact
The City Council Agenda was posted.

Attachments

1. Location Map

2. Resolution Authorizing the Application for TDA Grant Funds including Exhibit A: Findings
Exhibit B: TDA Article 3 Project Application Form (with attachments)

Attachment 1
Ba
iley Road Crossing Enhancements Project
Location Map

Res No. 22-xx 1

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Approving the Request to the
Metropolitan Transportation Commission by the City
of Concord for an Allocation of $216,000 of
Transportation Development Act Article 3 Pedestrian
and Bicycle Project Funding for Fiscal Year 2022-23 Resolution No. 22-xx /
WHEREAS, Article 3 of the Transportation Development Act (TDA), Public Utilities Code (PUC) Section 99200 et seq., authorizes the submission of claims to a regional transportation planning agency for the funding of projects exclusively for the benefit and/or use of pedestrians and bicyclists; and
WHEREAS, the Metropolitan Transportation Commission (MTC), as the regional transportation planning agency for the San Francisco Bay Region, has adopted MTC Resolution No. 4108, entitled “Transportation Development Act, Article 3, Pedestrian and Bicycle Projects,” which delineates procedures and criteria for submission of requests for the allocation of “TDA Article 3” funding; and
WHEREAS, MTC Resolution No. 4108 requires that requests for the allocation of TDA Article 3 funding be submitted as part of a single, countywide coordinated claim from each county in the San Francisco Bay Area.

WHEREAS, the City of Concord desires to submit a request to MTC for the allocation of TDA Article 3 funds to support the project described in Exhibit B attached hereto and incorporated herein by reference at the requested or approved amount, which is for the exclusive benefit and/or use of pedestrians and/or bicyclists.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CONCORD DOES RESOLVE AS FOLLOWS:

Section 1. Pursuant to CEQA Guidelines Sections 15060(c), 15061(b)(3), 15273, 15378, and Public Resources Code Section 21065, award of this contract is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, as it will not result in a direct or reasonably foreseeable indirect physical change in the environment. In the alternative, this Attachment 2

Res No. 22-xx 2
project is exempt from CEQA pursuant to Public Resources Code Section 21080.19 and CEQA Guidelines Section 15282(j) (Restriping of Streets), CEQA Guidelines Sections 15301 (Existing Facilities), 15302 (Replacement
and Reconstruction), 15303 (New Construction or Conversion of Small Structures), and/or 15304 (Minor Alterations to Land) because, among other things, it involves minor alterations to existing streets, the creation of bicycle markings on existing rights-of-way, and construction and location of limited numbers of new small facilities or structures, all as further detailed in this staff report, the resolution, and attachments hereto. No unusual circumstances are present. This finding represents the independent judgement of the City of Concord. The Notice of Exemption will be filed with the County Clerk’s office following the Council approval of the resolution.

Section 2. The City of Concord declares it is eligible to request an allocation of TDA Article 3 funds pursuant to Section 99234 of the Public Utilities Code.

Section 3. There is no pending or threatened litigation that might adversely affect the project described in Exhibit B to this resolution, or that might impair the ability of the City of Concord to carry out the project.

Section 4. The project has been reviewed by the Bicycle and Pedestrian Advisory Committee (BPAC) of City of Concord.

Section 5. The City of Concord attests to the accuracy of, makes the findings contained in, and approves the statements in Exhbit A to this resolution, attached hereto and incorporated herein by referenced..

Section 6. A certified copy of this resolution and its attachments, and any accompanying supporting materials shall be forwarded to the congestion management agency, countywide transportation planning agency, or county association of governments, as the case may be, of Contra Costa County for submission to MTC as part of the countywide coordinated TDA Article 3 claim.

Section 7. The City Council hereby authorizes the City Manager and/or her designee to negotiate and execute such other documents related to the request and/or acceptance of the TDA funds subject to City Attorney approval.

Section 8. This resolution shall become effective immediately upon its passage and adoption.

Res No. 22-xx 3
//
PASSED AND ADOPTED by the City Council of the City of Concord on January 11, 2022, by the following vote:

AYES: Councilmembers -
NOES: Councilmembers - None
ABSTAIN: Councilmembers - None
ABSENT: Councilmembers - None
I HEREBY CERTIFY that the foregoing Resolution No. 22-xx was duly and regularly adopted at a regular meeting of the City Council of the City of Concord on January 10, 2022.

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney
Attachment: Exhibit A - Findings
Exhibit B - TDA Article 3 Project Application Form (with attachments)

October 2014 TDA Article 3 Model Resolution for Claimants Page 5 Resolution No. 22-xx
Re: Request to the Metropolitan Transportation Comm ission for the Allocation of Fiscal Year 2022-2023 Transportation Development Act Article 3 Pedestrian/Bicycle Project Funding Findings

1. That the City of Concord is not legally impeded from submitting a request to the Metropolitan Transportation Commission for the allocation of Transportation Development Act (TDA) Article 3 funds, nor is the City of Concord legally impeded from undertaking the project(s) described in “Exhibit B” of this resolution.

2. That the City of Concord has committed adequate staffing resources to complete the project(s) described in Exhibit B.

3. A review of the project(s) described in Exhibit B has resulted in the co nsideration of all pertinent matters, including those related to environmental and right-of-way permits and clearances, attendant to the successful completion of the project(s).

4. Issues attendant to securing environmental and right-of- way permits and clearances for the projects described in Exhibit B have been reviewed and will be concluded in a manner and on a schedule that will not jeopardize the deadline for the use of the TDA funds being requested.

5. That the project(s) described in Exhibit B comply with the requirements of the California Environmental Quality Act (CEQA, Public Resources Code Sections 21000 et seq.).

6. That as portrayed in the budgetary de scription(s) of the project(s) in Exhibit B, the sources of funding other than TDA are assured and adequate for completion of the project(s).

7. That the project(s) described in Exhibit B are for capital construction and/or design engineering; and/or for the maintenance of a Class I bikeway which is closed to motorized traffic; and/or for the purposes of restriping Class II bicycle lanes; and/or for the development or support of a bicycle safety education program; and/or for the development of a comprehensive bicycle and/or pedestrian facilities plan, and an allocation of TDA Article 3 funding for such a plan has not been received by the City of Concord within the prior five fiscal years.

8. That the project(s) described in Exhibit B is included in a locally approved bicy cle, pedestrian, transit, multimodal, complete streets, or other relevant plan.

9. That any project described in Exhi bit B that is a bikeway meets the mandatory minimum safety design criteria published in Chapter 1000 of the California Highway Design Manual.

10. That the project(s) described in Exhibit B will be completed before the funds expire.

11. That the City of Concord agrees to maintain, or provide for the maintenance of, the project(s) and facilities described in Exhibit B, for the benefit of and use by the public.

Exhibit A to Attachment 2

October 2014 TDA Article 3 Model Resolution for Claimants Page 6 Resolution No. 22-XX
page 1 of 2
TDA Article 3 Project Application Form
Fiscal Year of this Claim: 2022-2023 Applicant: City of Concord Contact person: Tianjun Cao, Associate Civil Engineer
Mailing Address: 1950 Parkside Drive, MS/40, Concord, CA 94519 E-Mail Address: [email protected] Telephone: 925-671-3243 Secondary Contact (in event primary not available)
E-Mail Address: Telephone:

Short Title Description of Project: Bailey Road Crossing Enhancements Project Amount of claim: $270,000
Functional Description of Project:

The City of Concord proposes to design and construct the Bailey Road Crossing Enhancements Project. The improvements will consist of installing high visibility crosswalks, curb ramps, and Rapid Rectangular Flashing Beacons (RRFBs) on Bailey Road at the intersections of Olive Drive and Limewood Drive. Additional improvements include signage and additional striping. The proposed improvements will enhance the City of Concord’s Pedestrian and Bicycle Master Plan recommendations of a Class 1 path along Bailey Road, as the path is existing and these improvements will provide residents on the east side of Bailey Road with access to the existing Class 1 path on the west side. In addition, these crossings along Bailey Road have been requested by residents.

Financial Plan:

List the project elements for which TDA funding is being requested (e.g., planning, engineering, construction, contingency). Use the table below to show the project budget for the phase being funded or total project. Include prior and proposed future funding of the project. Planning funds may only be used for comprehensive bicycle and pedestrian plans. Project level planning is not an eligible use of TDA Article 3.

Project Elements: Design Engineering, Construction, Contingency, Construction Management, Administration

Fundi
ng Source All Prior FYs Application FY Next FY Following FYs Totals TDA Article 3 N/A $216,000 $216,000
list all other sources:

1. Local Funds $54,000 $54,000

2. 3.

4. Totals $270,000
Project Eligibility: YES?/NO?
A. Has the project been approved by the claimant's governing body? (If "NO," provide the approximate date approval is anticipated).

YES
B. Has this project previously received TDA Article 3 funding? If "YES," provide an explanation on a separate page. NO C. For "bikeways," does the project meet Caltrans minimum safety design criteria pursuant to Chapter 1000 of the California Highway Design Manual? (Available on the internet via: http://www.dot.ca.gov).

YES
D. Has the project been reviewed by a Bicycle Advisory Committee (BAC)? (If "NO," provide an explanation). Enter date the project was reviewed by the BAC:______12/15/2021_________________ YES
E. Has the public availability of the environmental compliance documentation for the project (pursuant to CEQA) been evidenced by the dated stamping of the document by the county clerk or county recorder? (required only for projects that include construction).

YES
F. Will the project be completed before the allocation expires? Enter the anticipated completion date of project (month and year) December 31, 2023
YES
G. Have provisions been made by the claimant to maintain the project or facility, or has the claimant arranged for such maintenance by another agency? (If an agency other than the Claimant is to maintain the facility provide its name:
)
YES
Exhibit B to Attachment 2

BAILEY ROAD CROSSING ENHANCEMENTS PROJECT CONCEPTUAL PLAN

RRFB

BAILEY ROAD CROSSING ENHANCEMENTS PROJECT CONCEPTUAL PLAN

ITEM DESCRIPTION UNIT QUANTITY UNIT COST COST
Galaxy Way/John Glenn Drive
1 Traffic Control LS 1 $15,000.00 $15,000.00
2 Temporary Storm Drain Inlet Protection EA 4 $200.00 $800.00 3 Remove Sidewalk SF 156 $8.00 $1,248.00
4 Reconstruct Curb LF 147 $120.00 $17,640.00
5 Sidewalk SF 616 $10.00 $6,160.00
6 Curb Ramp EA 6 $4,000.00 $24,000.00
7 Adjust Utility lid to grade EA 2 $400.00 $800.00
8 Thermoplastic Marking SF 1155 $10.00 $11,550.00
9 Thermoplastic Striping LF 95 $12.00 $1,140.00
10 Relocate or Install New Sign EA 12 $500.00 $6,000.00 11 Small Cobble (2" to 4") Swale CF 48 $90.00 $4,320.00 12 Rapid Rectangular Flashing Beacon (RRFB) EA 2 $40,000.00 $80,000.00 Subtotal $168,658.00
Contingency (10%) $16,865.80
TOTAL Construction Cost $185,523.80
Design Cost (20%) $33,732
Administration (10%) $16,866
Construction Management (20%) $33,732
Total Estimated Cost $269,853
Prepared By: Tianjun Cao
Conceptual Cost Estimate
Bailey Road Crossing Enhancements Project
TDA-3 Grant Application for 2022-2023 Grant Funds

Notice of Exemption
California Environmental Quality Act

TO: COUNTY CLERK
County of Contra Costa
822 Main Street
PO Box 350
Martinez, CA 94553

STATE OF CALIFORNIA
Office of Planning & Research
1400 Tenth Street, Room 121
Sacramento, CA 95814
FROM:

Lead Agency
Project Applicant

CITY OF CONCORD
Engineering Division
t 1950 Parkside Drive, MS/40
Concord, CA 94519
PHONE: (925) 671-3361
FAX: (925) 798-9692

PROJECT TITLE
Bailey Road Crossing Enhancements Project

PROJECT LOCATION - SPECIFIC
Bailey Road at Olive Drive and Limewood Drive

PROJECT LOCATION - CITY, COUNTY

CITY OF CONCORD, CONTRA COSTA COUNTY

PROJECT DESCRIPTION
The proposed Bailey Road Crossing Enhancements Project will install Rapid Rectangular Flashing Beacons (RRFBs), curb ramps, signage, and striping on Bailey Road at the intersections with Olive Drive and Limewood Drive.

NAME OR PUBLIC AGENCY APPROVING PROJECT

CITY OF CONCORD

NAME OF PERSON OR AGENCY CARRYING OUT PROJECT
City of Concord Engineering Services Division
EXEMPT STATUS (Check One)
Ministerial (Sec. 21080(b)(1); 15268)
Declared Emergency (Sec. 21080(b)(3); 15269(a))
Emergency Project (Sec. 21080(b)(4); 15269(b)(c))
Statutory Exemption - CODE NO:

Categorical Exemption - CLASS: 1, 2, 3, 4

SECTION NO: 15301, 15302, 15303, 15304

REASON WHY PROJECT IS EXEMPT
The project will not expand existing streets and sidewalks and will involve minor alterations for the addition of striping within existing right-of-way.

LEAD AGENCY CONTACT PERSON
Tianjun Cao

TELEPHONE
( 925 ) 671-3243
This notice shall be filed only after approval of an exempt project.

IF FILED BY APPLICANT:

1. Attach certified document of exemption finding.

2. Has a Notice of Exemption been filed by the public agency approving the project? Yes No

3. Attach a $50.00 check made payable to County of Contra Costa.

4. Attach original and two copies of this Notice of Exemption.

5. Attach two self-addressed, stamped envelopes.

SIGNATURE TITLE
Associate Civil Engineer
DATE

Signed by: Applicant Lead Agency

AFFIDAVIT OF COUNTY CLERK FILING AND POSTING
I declare that on _ I received and posted this Notice as required by California Public Resources Code Section 2115.2.

Said Notice will remain posted for thirty (30) days from the filing date.

By Date

CEQA-01 NOE..dot (Rev. 03-20-03) Page 1

Staff Report
Date: January 10, 2022
To: City Council
From: Valerie J. Barone, City Manager
Prepared by: Joelle Fockler, MMC, City Clerk
[email protected]
(925) 671-3390
Subject: Considering the recommendation to reappoint Keith McMahon to continue to serve as the City of Concord's Representative on the Contra Costa County Aviation Advisory Committee for a two-year term ending February 28, 2023
Report in Brief
Considering the recommendation to reappoint Keith McMahon to continue to serve as the City of Concord’s Representative on the Contra Costa County Aviation Advisory Committee.

Recommended Action
Recommend to the County Board of Supervisors the reappointment of Keith McMahon to continue to serve as the City of Concord’s representative on the Contra Costa County Aviation Advisory Committee (CCCAAC) for a two-year term ending February 28, 2023.

Background
The CCCAAC is charged with advising and recommending to the Board of Supervisors on the general subject of aviation issues related to airports in Contra Costa County. The membership of twelve is comprised of five members each named by one of the five Supervisors, one member each from Concord and Pleasant Hill, one member from Diablo Valley College, one member representing the Fixed Base Operators’ Association, one member representing the Airport Land Use Commission, one member representing property owners and tenants in the vicinity of Buchanan Field Airport, and one member representing residents, businesses, and users of the Byron Airport.

The CCCAAC is a County committee, therefore, the County Board of Supervisors makes the formal appointment for the seat reserved for the Concord representative.

3.c

City Council Agenda Report
Agenda Item No. 3.c
January 10, 2022
Mr. McMahon has served as the City of Concord’s Representative since 2010, and continues to be a valuable asset to the CCCAAC. He is a past president and CEO of the Greater Concord Chamber of Commerce, which allowed him to establish relationships with business, residential, and special interest groups who have a specific interest in the future of the Buchanan Airport.

Public Contact
The City Council Agenda was posted.

Staff Report
Date: January 10, 2022
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kevin Marstall, PE, Interim Director of Community Development Bruce Davis, PE, Interim City Engineer
Bernard Enrile, PE, Capital Improvement Program Manager Prepared by: Ali Hatefi, PE, Associate Civil Engineer
[email protected]
(925) 671-3284
Subject: Considering acceptance and appropriation of $257,273 from the California Department of Parks and Recreation Per Capita Grant Funds, for the Willow Pass Park Fitness Renovation (Project No. 2523).

CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(3), 15378, 15262, and/or Public Resources Code Section 21065.

Report in Brief
The City of Concord applied for and was awarded $257,273 from the California Department of Parks and Recreation Per Capita Grant funds for the Willow Pass Fitness Renovation (Project No. 2523). Project No. 2523 proposes to remove the existing underutilized and aged outdoor playground equipment next to the pickle ball courts at Willow Pass Community Park, and install a comprehensive range of outdoor fitness equipment built to encourage exercise for all ages.

Council action is required to accept and appropriate the grant funds and allocate to Project No. 2523. Upon approval by the City Council, staff will initiate the process of selecting a design consultant for the project. The preliminary schedule calls for the project to be completed by Spring 2023.

3.d3.d3.d3.d

City Council Agenda Report
Agenda Item No. 3.d
January 10, 2022
In addition to the Per Capita Grant funds, the budget of Project No. 2523 also includes $40,000 in Parkland Dedication funds. No other funds are anticipated as necessary for the design and construction of this project.

Upon completion of design, staff will advertise the project for construction bids, and will subsequently request City Council to award a construction contract. A CEQA determination will be made at award of the construction contract.

Recommended Action
Accept and appropriate $257,273 from the California Department of Parks and Recreation Per Capita Grant funds, for the Willow Pass Park Fitness Renovation Project (Project No. 2523).

Background
On October 15, 2019 the City Council adopted Resolution No. 19-53 to apply for the California Department of Parks and Recreation Per Capita Grant funds.

On June 8, 2021, the City Council adopted the mid-cycle adjustments to the CIP Budget for Fiscal Years 2020-21 and 2021-22, which included the creation of the Willow Pass Park Fitness Renovation (Project No. 2523) and initial funding of $40,000 from Parkland Dedication Funds.

On November 2021, Staff submitted the Project No. 2523 grant application for Per Capita Grant funds.

Analysis
On November 23, 2021, the California Department of Park and Recreation advised staff that the City’s Per Capita Grant application and scope of work for Willow Pass Park Fitness Renovation (Project No. 2523) had been approved, with an allocation amount of $257,273, and submitted the grant contract for execution. The allocation amount includes $177,952 from the Per Capita Grant Program, and an additional urbanization payment (for agencies located in urbanized counties) of $79,321.

Acceptance and appropriation of the Per Capita Grant fund is required to initiate project activities. Upon approval by the City Council, staff will initiate the process of selecting a design consultant for the project. The preliminary schedule calls for the project to be completed by Spring 2023.

Financial Impact
The estimated project cost for design and construction of the Willow Pass Park Fitness Renovation (Project No. 2523) is $290,000. The California Department of Parks and Recreation awarded a Per Capita grant in the amount of $257,273. In addition, the budget of Project No. 2523, includes $40,000 from Parkland Dedication Funds (Fund 450). With the appropriation and allocation of Per Capita Grant funds, the total budget for Project No. 2523 is $297,273.

City Council Agenda Report
Agenda Item No. 3.d
January 10, 2022
Environmental Determination
Pursuant to CEQA Guidelines Sections 15060(c), 15061(b)(3), 15378, 15262, and/or Public Resources Code Section 21065, acceptance and appropriation of this funding is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, as it does not constitute a “project,” does not commit the City to a definite course of action, does not constitute discretionary approval of a specific project, and will not result in a direct or reasonably foreseeable indirect physical change in the environment, falls within the "Common Sense" CEQA exemption, involves feasibility and planning studies, the creation of government funding mechanisms or other government fiscal activities, and in the alternative is exempt from CEQA. No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. This determination reflects the City’s independent judgment and analysis. Individual projects will undergo CEQA analysis as necessary.

Public Contact
The City Council Agenda was posted.

Attachments

1. Project Location Map

2. Per Capita Grant Contracts

3. Project No. 2523 Budget Sheet

Project Location Map
Willow Pass Park Fitness Renovation
Project No. 2523

PROJECT LOCATION
Attachment 1

Attachment 2

1 I. RECITALS
This CONTRACT is entered into between the California Department of Parks and Recreation (hereinafter referred to as “GRANTOR,” “DEPARTMENT” or “STATE”) and City of Concord (hereinafter referred to as “GRANTEE”).

The DEPARTMENT hereby grants to GRANTEE a sum (also referred to as “GRANT MONIES”) not to exceed _$177,952___, subject to the terms and conditions of this AGREEMENT and the 2018/19 California State Budget, Chapter 29, statutes of 2018, Item number – 3790-101-6088 (appropriation chapter and budget item number hereinafter referred to as “PER CAPITA GRANT”). These funds shall be used for completion of the GRANT SCOPE(S).

The Grant Performance Period is from _July 01, 2018_ to _June 30, 2024_.

II. GENERAL PROVISIONS
A. Definitions
As used in this CONTRACT, the following words shall have the following meanings:

1. The term “ACT” means the California Drought, Water, Parks Climate, Coastal Protection, and Outdoor Access for All Act of 2018, as referred to in section I of this CONTRACT.

2. The term “APPLICATION” means the individual project APPLICATION packet for a project pursuant to the enabling legislation and/or grant program process guide requirements.

3. The term “DEPARTMENT” or “STATE” means the California Department of Parks and Recreation.

4. The term “DEVELOPMENT” means capital improvements to real property by means of, but not limited to, construction, expansion, and/or renovation, of permanent or fixed features of the property.

5. The term “GRANTEE” means the party described as the GRANTEE in Section I of this CONTRACT.

6. The term “GRANT SCOPE” means the items listed in the GRANT SCOPE/Cost Estimate Form or acquisition documentation found in each of the APPLICATIONS submitted pursuant to this grant.

7. The term “PROCEDURAL GUIDE” means the document identified as the “Procedural Guide for California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018 Per Capita Program.” The

2 PROCEDURAL GUIDE provides the procedures and policies controlling the administration of the grant.

B. Project Execution

1. Subject to the availability of GRANT MONIES, the STATE hereby grants to the GRANTEE a sum of money not to exceed the amount stated in Section I of this CONTRACT, in consideration of, and on condition that, the sum be expended in carrying out the purposes as set forth in the scope described in the enabling legislation and referenced in the APPLICATION, Section I of this CONTRACT, and under the terms and conditions set forth in this CONTRACT.

The GRANTEE shall assume any obligation to furnish any additional funds that may be necessary to complete the GRANT SCOPE(S).

The GRANTEE agrees to submit any change or alteration from the original GRANT SCOPE(S) in writing to the STATE for prior approval. This applies to any and all changes that occur after STATE has approved the APPLICATION. Changes in the GRANT SCOPE(S) must be approved in writing by the STATE.

2. The GRANTEE shall complete the GRANT SCOPE(S) in accordance with the time of the Performance Period set forth in Section I of this CONTRACT, and under the terms and conditions of this CONTRACT.

3. The GRANTEE shall comply with the California Environmental Quality Act (Public Resources Code, Section 21000, et seq., Title 14, California Code of Regulations, Section 15000 et seq.).

4. The GRANTEE shall comply with all applicable current laws and regulations affecting DEVELOPMENT projects, including, but not limited to, legal requirements for construction contracts, building codes, health and safety codes, and laws and codes pertaining to individuals with disabilities, including but not limited to the Americans With Disabilities Act of 1990 (42 U.S.C. §12101 et seq.) and the California Unruh Act (California Civil Code §51 et seq.).

C. Project Costs

1. GRANTEE agrees to abide by the PROCEDURAL GUIDE.

2. GRANTEE acknowledges that STATE may make reasonable changes to its procedures as set forth in the PROCEDURAL GUIDE. If STATE makes any changes to its procedures and guidelines, STATE agrees to notify GRANTEE within a reasonable time.

D. Project Administration

1. If GRANT MONIES are advanced for DEVELOPMENT projects, the advanced funds shall be placed in an interest bearing account until expended. Interest earned on the advanced funds shall be used on the project as approved by the STATE. If grant monies are advanced and not expended, the unused portion of the

3 grant and any interest earned shall be returned to the STATE within 60 days after project completion or end of the Grant Performance Period, whichever is earlier.

2. The GRANTEE shall submit written project status reports within 30 calendar days after the STATE has made such a request. In any event, the GRANTEE shall provide the STATE a report showing total final project expenditures within 60 days of project completion or the end of the grant performance period, whichever is earlier. The Grant Performance Period is identified in Section I of this CONTRACT.

3. The GRANTEE shall make property or facilities acquired and/or developed pursuant to this contract available for inspection upon request by the STATE.

E. Project Termination

1. Project Termination refers to the non-completion of a GRANT SCOPE. Any grant funds that have not been expended by the GRANTEE shall revert to the STATE.

2. The GRANTEE may unilaterally rescind this CONTRACT at any time prior to the commencement of the project. The commencement of the project means the date of the letter notifying GRANTEE of the award or when the funds are appropriated, whichever is later. After project commencement, this CONTRACT may be rescinded, modified or amended only by mutual agreement in writing between the GRANTEE and the STATE, unless the provisions of this CONTRACT provide that mutual agreement is not required.

3. Failure by the GRANTEE to comply with the terms of the (a) PROCEDURAL GUIDE, (b) any legislation applicable to the ACT, (c) this CONTRACT as well as any other grant contracts, specified or general, that GRANTEE has entered into with STATE, may be cause for suspension of all obligations of the STATE unless the STATE determines that such failure was due to no fault of the GRANTEE. In such case, STATE may reimburse GRANTEE for eligible costs properly incurred in performance of this CONTRACT despite non-performance of the GRANTEE. To qualify for such reimbursement, GRANTEE agrees to mitigate its losses to the best of its ability.

4. Any breach of any term, provision, obligation or requirement of this CONTRACT by the GRANTEE shall be a default of this CONTRACT. In the case of any default by GRANTEE, STATE shall be entitled to all remedies available under law and equity, including but not limited to: a) Specific Performance; b) Return of all GRANT MONIES; c) Payment to the STATE of the fair market value of the project property or the actual sales price, whichever is higher; and d) Payment to the STATE of the costs of enforcement of this CONTRACT, including but not limited to court and arbitration costs, fees, expenses of litigation, and reasonable attorney fees.

5. The GRANTEE and the STATE agree that if the GRANT SCOPE includes DEVELOPMENT, final payment may not be made until the work described in the GRANT SCOPE is complete and the GRANT PROJECT is open to the public.

F. Budget Contingency Clause

4 If funding for any fiscal year is reduced or deleted by the budget act for purposes of this program, the STATE shall have the option to either cancel this contract with no liability occurring to the STATE, or offer a CONTRACT amendment to GRANTEE to reflect the reduced grant amount. This Paragraph shall not require the mutual agreement as addressed in Paragraph E, provision 2, of this CONTRACT.

G. Hold Harmless

1. The GRANTEE shall waive all claims and recourse against the STATE including the right to contribution for loss or damage to persons or property arising from, growing out of or in any way connected with or incident to this CONTRACT except claims arising from the concurrent or sole negligence of the STATE, its officers, agents, and employees.

2. The GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, agents and employees against any and all claims, demands, damages, costs, expenses or liability costs arising out of the ACQUISITION, DEVELOPMENT, construction, operation or maintenance of the property described as the project which claims, demands or causes of action arise under California Government Code Section 895.2 or otherwise except for liability arising out of the concurrent or sole negligence of the STATE, its officers, agents, or employees.

3. The GRANTEE agrees that in the event the STATE is named as codefendant under the provisions of California Government Code Section 895 et seq., the GRANTEE shall notify the STATE of such fact and shall represent the STATE in the legal action unless the STATE undertakes to represent itself as codefendant in such legal action in which event the GRANTEE agrees to pay the STATE’s litigation costs, expenses, and reasonable attorney fees.

4. The GRANTEE and the STATE agree that in the event of judgment entered against the STATE and the GRANTEE because of the concurrent negligence of the STATE and the GRANTEE, their officers, agents, or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction.

Neither party shall request a jury apportionment.

5. The GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, agents and employees against any and all claims, demands, costs, expenses or liability costs arising out of legal actions pursuant to items to which the GRANTEE has certified. The GRANTEE acknowledges that it is solely responsible for compliance with items to which it has certified.

H. Financial Records

1. The GRANTEE shall maintain satisfactory financial accounts, documents, including loan documents, and all other records for the project and to make them available to the STATE for auditing at reasonable times. The GRANTEE also agrees to retain such financial accounts, documents and records for five years following project

5 termination or issuance of final payment, whichever is later.

2. The GRANTEE shall keep such records as the STATE shall prescribe, including records which fully disclose (a) the disposition of the proceeds of STATE funding assistance, (b) the total cost of the project in connection with such assistance that is given or used, (c) the amount and nature of that portion of the project cost supplied by other sources, and (d) any other such records that will facilitate an effective audit.

3. The GRANTEE agrees that the STATE shall have the right to inspect and make copies of any books, records or reports pertaining to this contract or matters related thereto during regular office hours. The GRANTEE shall maintain and make available for inspection by the STATE accurate records of all of its costs, disbursements and receipts with respect to its activities under this contract. Such accounts, documents, and records shall be retained by the GRANTEE for at least five years following project termination or issuance of final payment, whichever is later.

4. The GRANTEE shall use a generally accepted accounting system.

I. Use of Facilities

1. The GRANTEE agrees that the GRANTEE shall operate and maintain the property acquired or developed with the GRANT MONIES, for the duration of the Contract Performance Period.

2. The GRANTEE agrees that, during the Contract Performance Period, the GRANTEE shall use the property acquired or developed with GRANT MONIES under this contract only for the purposes of this grant and no other use, sale, or other disposition or change of the use of the property to one not consistent with its purpose shall be permitted except as authorized by the STATE and the property shall be replaced with property of equivalent value and usefulness as determined by the STATE.

3. The property acquired or developed may be transferred to another entity if the successor entity assumes the obligations imposed under this CONTRACT and with the approval of STATE.

4. Any real Property (including any portion of it or any interest in it) may not be used as security for any debt or mitigation, without the written approval of the STATE provided that such approval shall not be unreasonably withheld as long as the purposes for which the Grant was awarded are maintained. Any such permission that is granted does not make the STATE a guarantor or a surety for any debt or mitigation, nor does it waive the STATE’S rights to enforce performance under the Grant CONTRACT.

6 5. All real property, or rights thereto, acquired with GRANT MONIES shall be subject to an appropriate form of restrictive title, rights, or covenants approved by the STATE. If the project property is taken by use of eminent domain, GRANTEE shall reimburse STATE an amount at least equal to the amount of GRANT MONIES received from STATE or the pro-rated full market value of the real property, including improvements, at the time of sale, whichever is higher.

6. If eminent domain proceedings are initiated against GRANTEE, GRANTEE shall notify STATE within 10 days of receiving the complaint.

J. Nondiscrimination

1. The GRANTEE shall not discriminate against any person on the basis of sex, race, color, national origin, age, religion, ancestry, sexual orientation, or disability in the use of any property or facility developed pursuant to this contract.

2. The GRANTEE shall not discriminate against any person on the basis of residence except to the extent that reasonable differences in admission or other fees may be maintained on the basis of residence and pursuant to law.

3. All facilities shall be open to members of the public generally, except as noted under the special provisions of this project contract or under provisions of the enabling legislation and/or grant program.

K. Severability

If any provision of this CONTRACT or the application thereof is held invalid, that invalidity shall not affect other provisions or applications of the CONTRACT which can be given effect without the invalid provision or application, and to this end the provisions of this CONTRACT are severable.

L. Liability

1. STATE assumes no responsibility for assuring the safety or standards of construction, site improvements or programs related to the GRANT SCOPE.

The STATE’S rights under this CONTRACT to review, inspect and approve the GRANT SCOPE and any final plans of implementation shall not give rise to any warranty or representation that the GRANT SCOPE and any plans or improvements are free from hazards or defects.

2. GRANTEE will secure adequate liability insurance, performance bond, and/or other security necessary to protect the GRANTEE’s and STATE’S interest against poor workmanship, fraud, or other potential loss associated with completion of the grant project.

M. Assignability

8

1 I. RECITALS
This CONTRACT is entered into between the California Department of Parks and Recreation (hereinafter referred to as “GRANTOR,” “DEPARTMENT” or “STATE”) and City of Concord (hereinafter referred to as “GRANTEE”).

The DEPARTMENT hereby grants to GRANTEE a sum (also referred to as “GRANT MONIES”) not to exceed _$79,321___, subject to the terms and conditions of this AGREEMENT and the 2019/20 California State Budget, Chapter 23, statutes of 2019, Item number – 3790-101-6088 (appropriation chapter and budget item number hereinafter referred to as “PER CAPITA GRANT”). These funds shall be used for completion of the GRANT SCOPE(S).

The Grant Performance Period is from _July 01, 2018_ to _June 30, 2024_.

II. GENERAL PROVISIONS
A. Definitions
As used in this CONTRACT, the following words shall have the following meanings:

1. The term “ACT” means the California Drought, Water, Parks Climate, Coastal Protection, and Outdoor Access for All Act of 2018, as referred to in section I of this CONTRACT.

2. The term “APPLICATION” means the individual project APPLICATION packet for a project pursuant to the enabling legislation and/or grant program process guide requirements.

3. The term “DEPARTMENT” or “STATE” means the California Department of Parks and Recreation.

4. The term “DEVELOPMENT” means capital improvements to real property by means of, but not limited to, construction, expansion, and/or renovation, of permanent or fixed features of the property.

5. The term “GRANTEE” means the party described as the GRANTEE in Section I of this CONTRACT.

6. The term “GRANT SCOPE” means the items listed in the GRANT SCOPE/Cost Estimate Form or acquisition documentation found in each of the APPLICATIONS submitted pursuant to this grant.

7. The term “PROCEDURAL GUIDE” means the document identified as the “Procedural Guide for California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018 Per Capita Program.” The

2 PROCEDURAL GUIDE provides the procedures and policies controlling the administration of the grant.

B. Project Execution

1. Subject to the availability of GRANT MONIES, the STATE hereby grants to the GRANTEE a sum of money not to exceed the amount stated in Section I of this CONTRACT, in consideration of, and on condition that, the sum be expended in carrying out the purposes as set forth in the scope described in the enabling legislation and referenced in the APPLICATION, Section I of this CONTRACT, and under the terms and conditions set forth in this CONTRACT.

The GRANTEE shall assume any obligation to furnish any additional funds that may be necessary to complete the GRANT SCOPE(S).

The GRANTEE agrees to submit any change or alteration from the original GRANT SCOPE(S) in writing to the STATE for prior approval. This applies to any and all changes that occur after STATE has approved the APPLICATION. Changes in the GRANT SCOPE(S) must be approved in writing by the STATE.

2. The GRANTEE shall complete the GRANT SCOPE(S) in accordance with the time of the Performance Period set forth in Section I of this CONTRACT, and under the terms and conditions of this CONTRACT.

3. The GRANTEE shall comply with the California Environmental Quality Act (Public Resources Code, Section 21000, et seq., Title 14, California Code of Regulations, Section 15000 et seq.).

4. The GRANTEE shall comply with all applicable current laws and regulations affecting DEVELOPMENT projects, including, but not limited to, legal requirements for construction contracts, building codes, health and safety codes, and laws and codes pertaining to individuals with disabilities, including but not limited to the Americans With Disabilities Act of 1990 (42 U.S.C. §12101 et seq.) and the California Unruh Act (California Civil Code §51 et seq.).

C. Project Costs

1. GRANTEE agrees to abide by the PROCEDURAL GUIDE.

2. GRANTEE acknowledges that STATE may make reasonable changes to its procedures as set forth in the PROCEDURAL GUIDE. If STATE makes any changes to its procedures and guidelines, STATE agrees to notify GRANTEE within a reasonable time.

D. Project Administration

1. If GRANT MONIES are advanced for DEVELOPMENT projects, the advanced funds shall be placed in an interest bearing account until expended. Interest earned on the advanced funds shall be used on the project as approved by the STATE. If grant monies are advanced and not expended, the unused portion of the

3 grant and any interest earned shall be returned to the STATE within 60 days after project completion or end of the Grant Performance Period, whichever is earlier.

2. The GRANTEE shall submit written project status reports within 30 calendar days after the STATE has made such a request. In any event, the GRANTEE shall provide the STATE a report showing total final project expenditures within 60 days of project completion or the end of the grant performance period, whichever is earlier. The Grant Performance Period is identified in Section I of this CONTRACT.

3. The GRANTEE shall make property or facilities acquired and/or developed pursuant to this contract available for inspection upon request by the STATE.

E. Project Termination

1. Project Termination refers to the non-completion of a GRANT SCOPE. Any grant funds that have not been expended by the GRANTEE shall revert to the STATE.

2. The GRANTEE may unilaterally rescind this CONTRACT at any time prior to the commencement of the project. The commencement of the project means the date of the letter notifying GRANTEE of the award or when the funds are appropriated, whichever is later. After project commencement, this CONTRACT may be rescinded, modified or amended only by mutual agreement in writing between the GRANTEE and the STATE, unless the provisions of this CONTRACT provide that mutual agreement is not required.

3. Failure by the GRANTEE to comply with the terms of the (a) PROCEDURAL GUIDE, (b) any legislation applicable to the ACT, (c) this CONTRACT as well as any other grant contracts, specified or general, that GRANTEE has entered into with STATE, may be cause for suspension of all obligations of the STATE unless the STATE determines that such failure was due to no fault of the GRANTEE. In such case, STATE may reimburse GRANTEE for eligible costs properly incurred in performance of this CONTRACT despite non-performance of the GRANTEE. To qualify for such reimbursement, GRANTEE agrees to mitigate its losses to the best of its ability.

4. Any breach of any term, provision, obligation or requirement of this CONTRACT by the GRANTEE shall be a default of this CONTRACT. In the case of any default by GRANTEE, STATE shall be entitled to all remedies available under law and equity, including but not limited to: a) Specific Performance; b) Return of all GRANT MONIES; c) Payment to the STATE of the fair market value of the project property or the actual sales price, whichever is higher; and d) Payment to the STATE of the costs of enforcement of this CONTRACT, including but not limited to court and arbitration costs, fees, expenses of litigation, and reasonable attorney fees.

5. The GRANTEE and the STATE agree that if the GRANT SCOPE includes DEVELOPMENT, final payment may not be made until the work described in the GRANT SCOPE is complete and the GRANT PROJECT is open to the public.

F. Budget Contingency Clause

4 If funding for any fiscal year is reduced or deleted by the budget act for purposes of this program, the STATE shall have the option to either cancel this contract with no liability occurring to the STATE, or offer a CONTRACT amendment to GRANTEE to reflect the reduced grant amount. This Paragraph shall not require the mutual agreement as addressed in Paragraph E, provision 2, of this CONTRACT.

G. Hold Harmless

1. The GRANTEE shall waive all claims and recourse against the STATE including the right to contribution for loss or damage to persons or property arising from, growing out of or in any way connected with or incident to this CONTRACT except claims arising from the concurrent or sole negligence of the STATE, its officers, agents, and employees.

2. The GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, agents and employees against any and all claims, demands, damages, costs, expenses or liability costs arising out of the ACQUISITION, DEVELOPMENT, construction, operation or maintenance of the property described as the project which claims, demands or causes of action arise under California Government Code Section 895.2 or otherwise except for liability arising out of the concurrent or sole negligence of the STATE, its officers, agents, or employees.

3. The GRANTEE agrees that in the event the STATE is named as codefendant under the provisions of California Government Code Section 895 et seq., the GRANTEE shall notify the STATE of such fact and shall represent the STATE in the legal action unless the STATE undertakes to represent itself as codefendant in such legal action in which event the GRANTEE agrees to pay the STATE’s litigation costs, expenses, and reasonable attorney fees.

4. The GRANTEE and the STATE agree that in the event of judgment entered against the STATE and the GRANTEE because of the concurrent negligence of the STATE and the GRANTEE, their officers, agents, or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction.

Neither party shall request a jury apportionment.

5. The GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, agents and employees against any and all claims, demands, costs, expenses or liability costs arising out of legal actions pursuant to items to which the GRANTEE has certified. The GRANTEE acknowledges that it is solely responsible for compliance with items to which it has certified.

H. Financial Records

1. The GRANTEE shall maintain satisfactory financial accounts, documents, including loan documents, and all other records for the project and to make them available to the STATE for auditing at reasonable times. The GRANTEE also agrees to retain such financial accounts, documents and records for five years following project

5 termination or issuance of final payment, whichever is later.

2. The GRANTEE shall keep such records as the STATE shall prescribe, including records which fully disclose (a) the disposition of the proceeds of STATE funding assistance, (b) the total cost of the project in connection with such assistance that is given or used, (c) the amount and nature of that portion of the project cost supplied by other sources, and (d) any other such records that will facilitate an effective audit.

3. The GRANTEE agrees that the STATE shall have the right to inspect and make copies of any books, records or reports pertaining to this contract or matters related thereto during regular office hours. The GRANTEE shall maintain and make available for inspection by the STATE accurate records of all of its costs, disbursements and receipts with respect to its activities under this contract. Such accounts, documents, and records shall be retained by the GRANTEE for at least five years following project termination or issuance of final payment, whichever is later.

4. The GRANTEE shall use a generally accepted accounting system.

I. Use of Facilities

1. The GRANTEE agrees that the GRANTEE shall operate and maintain the property acquired or developed with the GRANT MONIES, for the duration of the Contract Performance Period.

2. The GRANTEE agrees that, during the Contract Performance Period, the GRANTEE shall use the property acquired or developed with GRANT MONIES under this contract only for the purposes of this grant and no other use, sale, or other disposition or change of the use of the property to one not consistent with its purpose shall be permitted except as authorized by the STATE and the property shall be replaced with property of equivalent value and usefulness as determined by the STATE.

3. The property acquired or developed may be transferred to another entity if the successor entity assumes the obligations imposed under this CONTRACT and with the approval of STATE.

4. Any real Property (including any portion of it or any interest in it) may not be used as security for any debt or mitigation, without the written approval of the STATE provided that such approval shall not be unreasonably withheld as long as the purposes for which the Grant was awarded are maintained. Any such permission that is granted does not make the STATE a guarantor or a surety for any debt or mitigation, nor does it waive the STATE’S rights to enforce performance under the Grant CONTRACT.

6 5. All real property, or rights thereto, acquired with GRANT MONIES shall be subject to an appropriate form of restrictive title, rights, or covenants approved by the STATE. If the project property is taken by use of eminent domain, GRANTEE shall reimburse STATE an amount at least equal to the amount of GRANT MONIES received from STATE or the pro-rated full market value of the real property, including improvements, at the time of sale, whichever is higher.

6. If eminent domain proceedings are initiated against GRANTEE, GRANTEE shall notify STATE within 10 days of receiving the complaint.

J. Nondiscrimination

1. The GRANTEE shall not discriminate against any person on the basis of sex, race, color, national origin, age, religion, ancestry, sexual orientation, or disability in the use of any property or facility developed pursuant to this contract.

2. The GRANTEE shall not discriminate against any person on the basis of residence except to the extent that reasonable differences in admission or other fees may be maintained on the basis of residence and pursuant to law.

3. All facilities shall be open to members of the public generally, except as noted under the special provisions of this project contract or under provisions of the enabling legislation and/or grant program.

K. Severability

If any provision of this CONTRACT or the application thereof is held invalid, that invalidity shall not affect other provisions or applications of the CONTRACT which can be given effect without the invalid provision or application, and to this end the provisions of this CONTRACT are severable.

L. Liability

1. STATE assumes no responsibility for assuring the safety or standards of construction, site improvements or programs related to the GRANT SCOPE.

The STATE’S rights under this CONTRACT to review, inspect and approve the GRANT SCOPE and any final plans of implementation shall not give rise to any warranty or representation that the GRANT SCOPE and any plans or improvements are free from hazards or defects.

2. GRANTEE will secure adequate liability insurance, performance bond, and/or other security necessary to protect the GRANTEE’s and STATE’S interest against poor workmanship, fraud, or other potential loss associated with completion of the grant project.

M. Assignability

8

Capital Improvements Project FY 2020-21 & FY 2021-22City of Concord Number: MC-2523
Title: Willow Pass Park Fitness Revonation
Manager: Ali Hatefi
Proposed By: CED-Engineering
Classification: TIP-Local Streets and Roads
Location: Salvio Street at Willow Pass Park
Begin Date: 7/1/2021
Completion Date: 12/31/2023
Related Projects:

Description: The Willow Pass Community Park is bisected by Salvio Street. The project will install Fitness products and solutions that are a versatile and comprehensive range of outdoor fitness equipment built to encourage exercise and socializing for all ages.

Pertinent
Issues:

The project is funded by the Prop 68 - per capita grant.

Description
Prior
Allocation
Prior
Expend. &
Encumbrance
Carry-
over
FY 20-21
New
FY 21-22
New
Avail.

Total
FY 22-23
Est.

FY 23-24
Est.

FY 24-25
Est.

FY 25-26
to 29-30
Est.

Project
Grand
Total
Funding Sources
402 Capital Projects- Reimburs 257,273 257,273 257,273
450 Parkland Dedication Area A 40,000 40,000 40,000
Total: 297,273 297,273 297,273
Project Expenditures
Administrative Costs (Advertisement, Mailing,
Printing, etc.)
5,000 5,000 5,000
Construction 140,000 140,000 140,000
Construction Engineering 105,273 105,273 105,273
Contingencies 14,000 14,000 14,000
Design Engineering 32,000 32,000 32,000
Environmental Costs 1,000 1,000 1,000
Other Costs
Total: 297,273 297,273 297,273
Jun 02, 2021 03:55 PM Capital Improvements Project FY 2020-21 & FY 2021-22 Page 23 Attachment 3

Staff Report
Date: January 10, 2022
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kevin Marstall, PE, Interim Director of Community Development Bruce Davis, PE, Interim City Engineer
Bernard Enrile, PE, CIP Manager
Prepared by: Kevin Wheat, PE, Associate Civil Engineer
[email protected]
(925) 671-3422
Subject: Considering approval of an Amendment to the Professional Services Agreement (PSA) with NCE in an additional amount of $102,458 (for a new not to exceed amount of $447,052) to provide additional design engineering and related services for Hillcrest Park Regional Green Infrastructure Project (Project No. 2512); and authorizing the City Manager to execute the agreement, subject to the approval of the City Attorney.

CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c)(2), 15061(b)(3), 15378, and/or Public Resources Code Section 21065.

Report in Brief
As the result of community outreach, feedback from Public Works field maintenance staff, and water treatment design modifications, staff is proposing the incorporation of potential enhancements into the Hillcrest Park Regional Green Infrastructure Project (City Project No. 2512) that require additional design services from NCE. The new items being incorporated are design for new overhead lighting for the west parking lot, replacement of all irrigation mains within the park, as well as additional pump equipment and piping to provide access to reclaimed water for City water trucks at the west parking lot.

3.e3.e3.e3.e

City Council Agenda Report
Agenda Item No. 3.e
January 10, 2022
The project is funded by the State Highway Account (Fund 402 - Caltrans Reimbursement) and Storm Water (Fund 270), which will cover the cost of this contract amendment. It is not clear if the construction costs for these additions will be fully covered by the existing funding for this project; the City won’t know until the project is put out to bid.

Recommended Action
Approve an Amendment to the Professional Services Agreement with NCE in an additional amount of $102,458 (for a new not to exceed amount of $447,052) to provide additional design and related services for the Hillcrest Park Regional Green Infrastructure Project (Project No. 2512); and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney.

Background
In 2018, as part of the Storm Water Resources Plan (SWRP) developed through the Contra Costa Clean Water Program (CCCWP), the City of Concord (City) proposed a regionally beneficial water quality project to be located at Hillcrest Community Park (“Hillcrest Project”), for consideration as one of ten countywide project concepts to be developed by the consultant to the CCCWP. The Hillcrest Project was chosen and a preliminary design, budget, and schedule were generated for the purpose to pursue Proposition 1 grant funding, when made available. The Water Quality, Supply, and Infrastructure Improvement Act of 2014 (Proposition 1) authorized $7.545 billion in general obligation bonds to fund ecosystems and watershed protection and restoration, water supply infrastructure projects, including surface and groundwater storage, and drinking water protection. In 2019, the City incorporated the Hillcrest Project into the Council approved state-mandated Green Infrastructure Plan, and submitted it to the Regional Water Quality Control Board (Water Board) as part of the City’s Annual Storm Water Report.

On April 24, 2019, the Water Board notified all permittees under the Municipal Regional Permit (MRP) of the following:
“MRP Permittees have identified Caltrans right-of-way as a significant source of trash to Permittee areas and MS4s. On February 13, 2019, the Water Board adopted an enforcement order against Caltrans requiring it to significantly increase the rate and extent it is implementing trash controls for discharges from its Bay Area right-of-way. To meet the order's required targets, due to constraints on implementing trash controls within its ROW, Caltrans will need to work cooperatively with MRP permittees to address discharges of trash from both Caltrans and Permittee areas.” Subsequently, the water quality consultant to Caltrans, Michael Baker International, commenced coordination efforts with all permittees, culminating in a meeting with the CCCWP, and its member agencies, on January 21, 2020. As a result of the meeting, Concord representatives began a dialogue with Caltrans staff and their consultant, to

City Council Agenda Report
Agenda Item No. 3.e
January 10, 2022
explore the significant benefits provided by the Hillcrest project and discussions of a potential funding partnership ensued.

On June 2, 2020, the City Council adopted the Fiscal Year 2020-21 and 2021-22 Two- year CIP Budget that included an appropriation of $200,000 from the Storm Water Fund for the Hillcrest Community Park – Regional Green Infrastructure Project (Project), intended to provide the anticipated local match for a future grant or agency partnership opportunity. Concurrent with the development of, and public hearing process for, the adoption of the CIP Budget, City staff had been working collaboratively with Caltrans to obtain funding approval through a Cooperative Implementation Agreement (CIA) to fully fund the design and construction of the Project. On June 1, 2020, the City received approval from the Regional Water Quality Control Board for the Project, and subsequently Caltrans approval of the draft CIA.

On June 9, 2020, the City Council approved the CIA with Caltrans for Caltrans funding of the Hillcrest Community Park – Regional Green Infrastructure Project – PJ2512 (Project). The Project will retrofit one of the City of Concord’s most popular community parks with storm water facilities to mitigate storm water quality impacts and to supplement water supply. The project design is not complete and potentially includes three hydrodynamic separators (HDS) units that collect trash, debris, and sediment (with associated sediment-bound pollutants, such as PCBs and mercury) from surrounding areas, an underground storage vault that will be used to capture storm water for irrigation use in the park, bio-retention facilities, and some as-yet-to-be- finalized park maintenance improvements.

On January 5, 2021, City Council awarded a Professional Services Agreement with NCE of Point Richmond, CA (Attachment 2 – Exhibit A) in the not-to-exceed amount of $344,594 (base agreement of $313,267 plus staff authority to spend up to a 10% contingency of $31,327) for project design and related services for Hillcrest Park Regional Green Infrastructure (Project No. 2512).

Analysis
The project scope initially involved installing stormwater quality treatment devices within the vicinity of Hillcrest Community Park, in addition to repaving the parking lot, adding pedestrian pathways to provide connectivity throughout the park, as well as ADA and landscaping improvements. As part of the design process, the consultant worked directly with Public Works maintenance staff to identify potential improvements that could be incorporated into the overall project design, as well as conducted community outreach which solicited ideas for park enhancements which would be designed and included as bid alternatives pending bid pricing and final budget adjustments.NCE’s additional design services are needed for the new elements described below:
 Irrigation main replacement and design is crucial for properly maintaining adequate pressure for the irrigation lines throughout the park and sufficiently watering existing vegetation. Currently, many of the existing irrigation mains at

City Council Agenda Report
Agenda Item No. 3.e
January 10, 2022
the park are having pressure issues, and have reached the end of their service life (at approximately 45 years old).
 New lighting for the western parking lot requires both electrical design and a new PG&E connection to the existing service panel. Currently, the eastern parking lot has updated overhead lights, but the western parking lot does not, and this is a request from the community that staff endorses.
 New pump equipment and piping design for storm water reuse would align with the City’s Green Infrastructure Plan goals. A vertical standpipe for City water trucks to connect to and fill up from allows for multiple options of reuse of storm water. Such water receives the required pretreatment through the proprietary water quality devices and natural process of infiltration prior to collection for reuse by the City for vegetation watering, dust control, and other uses.

Design for the project is anticipated to be complete in late March 2022, and construction is anticipated to begin in July 2022. Construction is expected to last about four months.

Financial Impact
The current project budget, which consists of Storm Water (Fund 270) and Caltrans Reimbursement (Fund 402), is sufficient to fully fund the cost of the design work included this contract amendment, as well as the original project scope for construction.

The estimated total costs for design and construction of this project is $4,500,000. The City won’t know if the new elements being included for design will be feasible within the project’s existing funding until the project is put out to bid.

Environmental Determination
Pursuant to CEQA Guidelines Sections 15060(c), 15061(b)(3), 15378, and/or Public Resources Code Section 21065, amendment of this contract for civil engineering design services is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, as it does not constitute a “project,” does not commit the City to a definite course of action, does not constitute discretionary approval of a specific project, and will not result in a direct or reasonably foreseeable indirect physical change in the environment, falls within the "Common Sense" CEQA exemption, and in the alternative is exempt from CEQA. No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. This determination reflects the City’s independent judgment and analysis. Individual projects will undergo CEQA analysis as necessary.

Public Contact
The City Council Agenda was posted.

Attachments

1. Project Location Map

City Council Agenda Report
Agenda Item No. 3.e
January 10, 2022

2. First Amendment to Professional Services Agreement with NCE with Exhibits A and B

Project Location Map
Hillcrest Community Park – Regional Green Infrastructure – PJ 2512 SITE
Attachment 1

FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
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28 This First Amendment to Professional Services Agreement (“First Amendment”) is entered into on this date, January 10, 2022, and amends the Professional Services Agreement, Agreement No. 5838, between the City of Concord (“CITY”) and NCE, 501 Canal Boulevard, Suite 1, Point Richmond, CA 94804 (“CONSULTANT”).

WHEREAS, the CITY and CONSULTANT entered into a Professional Services Agreement, Agreement No. 5838, dated January 5, 2021 (the “Agreement”), wherein CONSULTANT agreed to provide civil design services for Hillcrest Park Regional Green Infrastructure, Project No. 2512.

WHEREAS, under Section 1 “TERM” the Agreement provides that the Agreement shall expire on June 30, 2022.

WHEREAS, under Section 3 “PAYMENT” the Agreement provides that the compensation to be paid to CONSULTANT including payment for professional services and reimbursable expenses, shall be at the rate and schedules in detail in Exhibit A. However, in no event shall the amount CITY pays CONSULTANT exceed three hundred forty-four thousand five hundred ninety-four dollars ($344,594.00).

WHEREAS, the parties mutually desire to increase compensation payable to CONSULTANT under the Agreement.

WHEREAS, under Section 5 “AMENDMENT TO AGREEMENT” the Agreement provides that Agreement may be amended by the parties subject to consent and in accordance with the CITY’S Municipal Code.

NOW THEREFORE, in consideration of the promises and conditions set forth in the Agreement, the parties mutually desire to amend the Agreement as follows:

1. Section 1 “TERM” is hereby amended to read as follows: This Agreement shall commence on January 5, 2021 and expire on June 30, 2023.

2. The first two sentences of Section 3 “PAYMENT” are hereby amended to read as follows: The compensation to be paid to CONSULTANT including payment for professional services and reimbursable expenses, shall be at the rates and schedules described in Exhibits A and B, dated December 15, 2021 and attached to and incorporated by reference into this First Amendment. However, in no event shall the Attachment 2

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28 amount CITY pays CONSULTANT exceed four hundred forty-seven thousand and fifty-two dollars ($447,052) for the term of this Agreement.

3. Except as expressly amended herein, all other terms and conditions of the Professional Services Agreement shall remain in full force and effect.

Signatures on the following page.

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28 IN WITNESS WHEREOF, the parties have executed this First Amendment on the date indicated above.

Dated: ________________ CONSULTANT
BY: ________________________
Michael J. Leacox, Principal
[email protected]
Dated: ________________ CITY OF CONCORD
By:______________________________
Valerie J. Barone
City Manager
APPROVED AS TO FORM: ATTEST:
____________________________ ____________________________________ Susanne Brown Joelle Fockler, MMC
City Attorney City Clerk
FINANCE DIRECTOR'S CERTIFICATION:

Concord, California
Date: ________________

I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEAR 2021/22 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.

THE SUM OF $102,458.

Account Code: 4029500C999-74500 / 4022512213-74500
Finance Director's Signature

City of Concord
Civil Engineering Design Services for
Hillcrest Park – Regional Green Infrastructure
City Project No. 2512
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Design Strategy
Project Overview and Understanding
Hillcrest Park is a large community park located east of Buchanan Field and south of Olivera Street. Although several watersheds are tributary to the Park, it is identified in the City’s Green Infrastructure Plan as Trash Management Area (TMA) 16. An intermittent waterway called the Clayton Vall ey Drain meanders along the southern flank of the Park (Figure 1).

The project scope includes installation of two hydrodynamic separators (HDS), one underground storage vault, and five bioretention basins. The HDS units are proposed to assist in the rem oval of trash and sediments from the stormwater runoff. One HDS unit will be placed to i ntercept stormwater from a watershed of approximately 500 acres located to the northeast of the Park (Figure 2). A portion of the flows from the first HDS unit will b e diverted to an underground storage vault. The vault will detain flows and reuse them for irrigation of Park fields.

A Continuous Monitored and Adaptively Controlled
(CMAC) system is proposed to assist in the operation of the storage vault/ irrigation system. The CMAC will be used to operate drawdown of stormwater in the storage vault
through irrigation. Detained stormw ater in the
underground vault will be used to offset the domestic
water supply currently used.

A second HDS unit will be placed to intercept stormwater runoff from an 83-acre watershed bordering the north of the Park. Flows from the second HDS unit will n ot be
diverted to the underground storage vault. Instead, they will continue through the existing MS4 system south
through the Park to the Clayton Valley Drain.

Design Strategy
Our current estimate of the number of plan sheets in the construction package is 25. An update to the estimate will be provided at the completion of Task 4.

The NCE team proposes to incorporate the HDS units in line within the existing MS4 infrastructure. While an offline configuration does offer an opportunity to reduce head loss within the system, in line systems have the advantage of a smaller footprint . Alternative #1 site location for the eastern HDS unit appears to be the most advantageous for downstream connections with bioretention basins associated with the parking lots, the proposed detention unit and ir rigation system. High volume, low frequency flows can still be passed along to the Clayton Valley Drain in the existing system. The western HDS unit we propose to be added behind the back of sidewalk adjacent to the curb inlet along Olivera and across from Peralta. Downstream connection can again be made to the Clayton Valley Drain south of the de Anza Trail.

Figure 1 Hillcrest Park & TMA Map
Approx.
500 Ac Approx.
83 Ac.

Figure 2 Watershed Areas Tributary to Hillcrest Park
Exhibit A to Attachment 2

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Limits of tributary watersheds are assumed to coincide with those provided in the RFP Attachment 3, sheet 1. The watershed upstream of HDS #1 is approximately 500 acres while that upstream of HDS #2 is 83 acres. In conjunction with GIS shapefiles, we will evaluate the given watersheds for performance with various HDS sizes and vendor units.

Schaaf & Wheeler have performed this analysis with many HDS units throughout the S an Francisco Bay Area with various vendor units and sizes.

Regarding maintenance issues with the HDS units, overflow of trash and a resulting loss of full capture can be an issue after 5-year, 10-year, and greater storm events. Screen clogging can also be an issue however with twice -a- year frequencies of vacuum truck maintenance, clogging can be minimized. S urface access positioning will be considered in the design to afford ease-of-reach with a vacuum truck curbside.

Porous pavements can be employed to assist in groundwater recharge; however, fines can also reduce porosity over time. As bioretention basins and bioswales accomplish the same beneficial use, and their maintenance is less expensive, NCE’s preference is to minimize permeable pavements (open grade paving or pavers) in favor of the bioswales and bioretention basins.

Beyond stormwater improvements scoped with the RFP, Park enhancements under consideration by the NCE team include the installation of benc hes, connecting sidewalks between the parking lots , the de Anza Trail, Matteo’s Dream playground, the ballfields, the Frisbee Golf Course and the model airplane field, and additional trees to provide more overhead canopy for shading. Other enhancements c an be considered within the overall project budget.

Additive bid schedules are standard practice beyond a th ree bid schedule (baseline bid, a baseline plus HDS unit [vendor A], and a baseline plus HDS unit [vendor B]) alternative bid schedules will likely discourage competition and should not be offered. Another bid schedule to consider during design will examine alternative storm drain pipe materials and their life expectancy.

Our projected construction schedule sees an award taking place in J anuary 2022, and a five-month construction period. While this may interfere with winter/ spring little league, soccer, and softball schedules, discussions with the Parks Department and the community should enable minimizing down time associated with recreat ional activities. As the early months of construction coincides with the end of the winter rainfall, our initial inclination is to install HDS units towards the end of the construction period. This would see work on the parking lots and detention basin as part of the earlier work phase, which would allow ballfield /soccer fields to be used when their seasons commence.

Another impact to the project area will be the selection of a staging area for the contractor. NCE proposes to work with the City on designating a staging area for contractors use as part of the PS&E. Another impact to the project area will be the establishment of appropriate work hours. Nighttime construction has the potential to disrupt sleep and daytime construction has the potential to disrupt traffic. Traffic handling plans and specifications, along with limitations on nighttime work are assumed to be part of the design package. To accomplish the stated purpose, we propose the following scope of services:

Task 1 – Project Management & City Coordination
NCE’s Project Manager will arrange a Kick-Off Meeting with the City and other stakeholders to initiate work on the project. The objectives of the Kick-Off Meeting will be:

Review of the Scope of Work
Establish Lines of Communicati on
Confirm Deadlines
Establish Project Schedule and Milestones
Define Design and Operation Criteria
I
n addition to City designated staff, NCE will research and coordinate with other agencies such as Caltrans District 4, Caltrans HQ Environmental, Central Contra Costa Sanitary District, and Contra Costa County Flood Control District

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Civil Engineering Design Services for Hillcrest Park – Regional Green Infrastructure August 28, 2020
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(CCCFCD). At the Kick-Off Meeting, key deliverables for each Task and the Project Schedule would be reviewed and adjusted accordingly to meet City and stakeholder needs.

Throughout the project, NCE staff will be available to attend regularly scheduled progress meetings with the City (maximum of five) . Progress meetings will serve to continue coord ination with project stakeholders . Meetings associated with PS&E (Task 5) deliverables are considered separately.

Deliverables: Kick-off/Progress Meeting Agendas, Meeting Minutes, Action Items Task 2 – Public Outreach and Environmental Technical Studies Task 2a. Public Outreach
The Concord community has had several opportunities to become familiar with the project during development of the City’s biennial Capital Improvement Plan and the City’s (2019) GI Plan. Nevertheless, any construction will entail temporary impacts to the Park for which users and neighbors will want to become involved. P artnering with City staff and the Parks, Recreation and Open Space (PROS) Committee, NCE will reach out to the community to plan for ongoing activities within the Park such as little league baseball or Parks and Recreation Softball league play during construction.

A minimum of one community workshop and one public presentation to the PROS Committee is incl uded in the scope of the project. Given present public health concerns, both forums are planned as virtual events, with participants connecting via computer through an experienced facilitator.

One PROS Committee meeting is als o scoped within the workplan. It is our sense that the optimal time for community input will be post 65% plan development, with the completion of cultural resource technical studies, whereas PROS Committee input would likely be better timed after 95% PS&E and closer to construction.

Deliverables: Agendas and Exhibits for public workshop, Agendas and Exhibits for PROS Committee meeting Task 2b. Environmental Technical Studies
The proposed project involves exten sive excavation (depths to 12 feet). As part of the NCE team, Cal Engineering and Geology will provide geotechnical assistance in designing and placing the HDS units and the irrigation water storage vault . Buoyancy f orces associated with the placement o f HDS units will be evaluated. Pavement geotechnical evaluations and design will be completed by NCE. Pavement coring samples and deflection studies will be completed in advance of pavement design recommendations.

Both the location of the project n ear the Clayton Valley Drain and the depths of excavation will require the completion of a cultural resources study. Since HDS siting is anticipated to be within the MS4 system, and not within the Clayton Valley Drain itself, no biological technical studies are included within this scope of work. Consequently, no regulatory permit applications (eg., Section 401, 404, 1600) are anticipated with the project.

Given the State and local funding sources, no NEPA compliance is anticipated as part of the project. Findings of the cultural resource study will help inform project design and the level of required CEQA review for the project. If no significant cultural resources are determined to be present, a Categorical Exemption under CEQA Guidelines Section 15303(d) is anticipated to be sufficient. If resources are found and the project does not qualify for an exemption per CEQA Guidelines Section 15300.2, the necessary level of CEQA review can be completed for an additional scope and fee.

Deliverables: Pavement coring and deflection studies, soil boring logs, Phase 1 Cultural Resources Survey Report, Notice of Exemption
Task 3 – Base Mapping and Data Collection
NCE will review relevant available data and records from the City, Caltrans, public and private utility providers, CCCFCD and other sources that may be appropriate to support the preparation of project contract documents. A

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Civil Engineering Design Services for Hillcrest Park – Regional Green Infrastructure August 28, 2020
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construction level survey is included as part of the scope of work for the project. Limits of the survey will be discussed with the City prior to execution. Survey methods will meet Caltrans A-B-C standards.

Coordination with utilities will include both the overhead electric lines that parallel Olivera Road along the east -west axis of the existing parking lots as well as the petroleum pipeline identified with an above -ground vent (Figure 3 ). Groundwater records from wells within a quarter mile of the project site will be obtained from the California Department of Water Resources. No new monitoring wells are anticipated for the project.

Deliverables: Survey File, one boring log for each of 2 HDS locations, Utility coordination records and correspondence.

Task 4 – Hydrology and Hydraulic Analysis
To accurately size the HDS, underground storage vault and bioretention, diversion structures and conveyance features scoped for the project, the NCE team will first perform a thorough review of hydrologic and hydraulic data. Of particular importance will be precipitation data in the vicinity of the project, and depth to groundwater. The NCE team will then complete hydrologic analysis to develop peak flows for the 1,5, and 10-year return interval storm events for the contributing catchments based on existing available data and published information. Catchments will be delineated using the United States Geological Society topography, as shown in the RFP. Hydraulic analysis is described in the following sections.

HDS
Based on the RFP, the first critical aspects of the HDS design include the location of the units and their size.

The location of HDS #1 will be based on feasibility of
conveyance of the stormwater to the bi facility and from the facility to the underground storage tank considering groundwater depths (documented to be shallow across
the Park), available fall and relative costs.

The size of the units will be based on the upstream
catchment area s, permit specification s, and site
constraints. In order to meet the Phase 1 Municipal
Regional Stormwater Permit (MRP 2.0) definition of full trash capture, devices must have a mesh screen size no
greater than 5mm and capture no less than the 1 -year,
1-hour storm event (initially estimated as 1.16 in/hour for the site sample IDF Curves) (Figure 4).

Once site location and sizing of the HDS units are preliminarily identified, the NCE team will develop a hydraulic model of the upstream storm drain systems to examine the impacts of the HDS units on their hydraulic capacity. It is assumed that the City will provide electronic data (GIS shapefiles) of the upstream storm drain system. The NCE team will run the hydraulic model with flows representing the City’s design storm event (assumed to be the 10-year return interval per Contra Costa County standards).

Based on past projects, HDS units can cause 1-2 feet of head loss across the unit, depending on flow rate, configuration, and trash accumulated. If the hydraulic analysis demonstrates that this creates significant upstream hydraulic impacts, the NCE team will investigate both a reduction in device sizing and the installation of an off line device (Figure 5). As an example of size reduction, an option would be to follow the direction of Dale Bowyer of the Regional Water Quality Control Agency (RWQCB) for alternatively sized treatment for locations with drainage areas greater than 50 acres that allows treatment of no less than the 0.2-inch per hour storm intensity (versus the 1-year, Figure 3 Existing Petroleum
Pipeline Marker, Hillcrest Park
Figure 4 Sample Intensity-Duration-Frequency Curves

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Civil Engineering Design Services for Hillcrest Park – Regional Green Infrastructure August 28, 2020
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1-hour event). Offline units with diversion structures have the ability to reduce upstream hydraulic impacts through weir design (length) with the negative aspect of larger footprints.

Parking Lot Design/ Storage Vault/ CMAC
The NCE team w ill design the parking, underground
storage vault, and CMAC unit in coordination with the City to provide maximum benefit to the Park and ease of use
to its staff. The system will synchronize with existing irrigation infrastructure and mai ntenance practices . The choice of the type of system will depend on the available depth above groundwater, volume required, and
preference of the City. Alternative above -ground storage solutions may be considered if practicable.

Bioretention
The NCE team will determine the size require ments of each bio retention basin using the County’s Integrated Management Practices (IMP) Sizing Calculator . The IMP Calculator will ensure that the bioretention areas are designed to meet the 85th percentile runoff capture that is prescribed in MRP 2.0 Alternatives such as Silva cells may be considered as an alternative or addition to the bioretentio n areas if desired by the City. The lining of the bioretention will be based on geotechnical data. Overflow facilities will be incorporated into the design to convey high volume storm runoff.

Conveyance
Once the initial configuration of the HDS, storage vault and bioretention areas are established, the NCE team will design conveyance facilities to transport excess flow back to the Clayton Valley Drain. The conveyance facilities will be sized to return the design storm peak flows to the Clayton Valley Drain as mandated by the City of Concord and Contra Costa County standards. The facilities will be designed to operate with gravity flow to the greatest extent possible with a pump system if necessary.

Deliverables Hydrology and Hydraulic Technical Report and Recommendation Task 5 – Prepare Preliminary, 65%, 90%, 100% and Final Plans (PS&E) The work that will be performed during developing design PS&E are outlined in the subsequent tasks. 5A) Design Data Gathering
An initial set of plans will focus attention on the development of alternativ es that meet the purpose and need for the project, as well as hold independent utility. There are several independent design variables which must be considered. In general, the alternative that will e nsure either greater reliability of operation, le ss maintenance, or both will be chosen.

Park enhancements that the City may be interested in including ADA compatible sidewalks to connect the parking areas with the recreational fields; durable benches alongside each of the ball fields; larger or more durable trash receptacles; an interpretive exhibit to share g reen infrastructure information with the public; diagonal (slant) parking, so as to insure greater capacity for any given size parking lot; larger parking spaces – to insure fewer door dings by patrons; and increased shading along the parking lots. Design of the irrigation system is not envisioned as part of the scope of work, however design of the CMAC system is.

Figure 5 Off-Line CDS Unit, Plan View

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5B) Preliminary Design
NCE will provide preliminary design
consultation with the City for up two
green i nfrastructure alternatives
including schematic level engineering
design concepts and details (Figure 6) ,
pavement condition and grading, and
materials recommendations. Pavement
corings and deflectometer rea dings are
included in the scope of work. For dense
graded or hot mix asphalt ( HMA)
pavement, cross slopes will direct surface
runoff towards bioswales and
bioretention basins.

Initial drainage patterns will reflect those
provided in the Attachment 2 concept
included with the RFP to establish a
baseline. Preliminar y costs and future
maintenance considerations, along with benefits and drawbacks will be presented in a Basis of Design Technical Memorandum. It is our expectation th at the City will then select a preferred alternative based on City objectives to move ahead with subsequent PS&E phases. This scope of work assumes one meeting to present the design and receive comments from the City.

Deliverables: Basis of Design Technical Memorandum; Design consultation memorandum for paving alternatives; two reproducible sets of design development drawings at scale; and one electronic copy of design drawings. 5C) Draft Design, 65% PS&E
The Draft Design (65 percent design) packages will include construction drawings, construction specifications, and a construction cost estimate completed to the 65 percent design stage. The design package will be submitted to the City for review and comment. This scope includes one meeting to present designs and receive City comments, NCE assumes that the City will provide the up-front sections (e.g. proposal forms, special provisions, contract forms, etc.) of the construction specifications.

Deliverables: Two reproducible copies of 65% plans, technical specifications, and engineer’s estimate, along with one electronic copy of drawings, specifications, and estimate. 5D) Draft Design, 95% PS&E
The Draft Design (95 percent design) packages will include construction drawings, construction specifications, and a construction cost estimate completed to the 95 percent design stage. The design package will address all comments provided by the City during the 65% review. This scope assumes one meeting to receive comments from the City.

Deliverables: Two reproducible copies of 95% plans, technical specifications, and engineer’s estimate, along with one electronic copy of plans, specifications, and estimate. 5E) Draft Design, 100% PS&E
The Draft Design (100 percent design) packages will include construction drawings, construction specifications, and a construction cost estimate completed to the 100% design stage. The design package will be submitted to the stakeholders for comment. The scope of work includes one meeting with the City to receive comments.

Deliverables: Two reproducible copies of 100% plans, technical specifications, and engineer’s estimate; one electronic copy of plans, specifications and estimate.

Figure 6 Prototypical Section of Parking Lot/ Bio-Retention Rendering

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5F) Final Design and Contract Documents
The Final Design and Construction Documents will the incorporation of comments from the 100% PS&E design review. The design packages will include construction drawings, construction specifications, a bid schedule and a final engineer’s estimate. A minimum of two additive bid schedules are included in the scope. NCE will coordinate with the City on preparing contract documents for advertising using their desired format.

Deliverables: One reproducible copy of Final plans, technical specifications, and engineer’s estimate; one wet - signed and one electronic file of the final plans, technical specifications, and engineer’s estimate.

Task 6 – Bidding and Construction Support Services
6A) Bidding Support Services
NCE will provide the City with assistance during the advertisement and bidding periods for the project. This will include providing assistance to the City in attending the pre-bid conference, responding to questions received about the project design, and preparation of any addenda and/or clarifications to the PS&E that are deemed necessary.

NCE can also assist the City in determining the responsiveness of bids received, with che cking and tabulating bid results, and with developing recommendations for award of a construction contract to the City Council. We have assumed up to 16 office staff hours for the support during bidding; if additional effort is required beyond this, we will notify the City.

Deliverables: Up to one addendum including responses to request for information (RFIs) 6B) Construction Support Services
NCE will provide support services to the City during construction of the project. At a minimum, th ese services are anticipated to include attendance at the pre- construction conference, reviewing contractor submittals and responding to contractor requests for information, providing recommendations for any necessary construction changes due to unforeseen field conditions, assisting with the review of Contract Change Orders, and reviewing construction for acceptance. This task does not provide any field inspection services and we understand that all construction inspection will be provided by the City. W e have allocated 24 staff hours for office support during construction. If additional effort is required beyond estimated staff hours, we will notify the City. NCE will also prepare final as-built mylars based on red line markups from contractor and/or City inspection staff.

Deliverables: RFI’s; Addenda; Construction Change Orders; review and approval of contractor submittals Task 7 - Record Retention & As-Built Drawings
Proper record retention is important not simply to monitor progress and payments for contractors during construction and close-out, but also for documentation associated with progress and payments for contractors during construction and close-out, but also for documentation associated with the City‘s annual reports to the City Council, CCCWP, and RWQCB.

Good record keeping will also be essential in the post -construction operation of the CMAC Park irrigation, bioretention basin maintenance, Park maintenance and flood control channel operations. As-built drawings will be collated that incorporate change orders from the advertised d esign. It is anticipated that as -built drawings can be conveyed within 30 days after completion of the contractor’s punch list. This is reflected in the following draft project schedule.

City of Concord
Civil Engineering Design Services for
Hillcrest Park – Regional Green Infrastructure
City Project No. 2512
Page | 20
Project Schedule

Hillcrest Park Scope of Work 9 Nov 2020 1 The scope-of-work includes seven tasks in proximity with Hillcrest Community Park:
(1) Project Management
(2) Public Outreach and Environmental Studies
(3) Base Mapping and Data Collection
(4) Hydrology and Hydraulic Analysis
(5) Preparation of Design PS&E
(6) Bidding and Construction Support Services, and
(7) Record Retention and As-Built Drawing Preparation.

Preliminary investigations for utilities, watershed runoff, soils, pavement, topographic surveys, and groundwater will be performed to characterize the project vicinity, three proposed trash capture locations, bio-retention basins, and the proposed stormwater detention basin.

Portions of State Route 4 which contribute to the runoff will be included in the watershed analysis.

Preliminary locations have been identified for the trash capture units. The 3 HDS units will be installed at or proximate with Hillcrest Community Park in the City of Concord, in addition to an underground storage vault to capture stormwater for irrigation use, and up to six bioretention

Fig. 1: Easternmost HDS Location – SW corner of Grant St & Olivera Rd HDS Location #1

Hillcrest Park Scope of Work 9 Nov 2020 2 Fig. 2: Central HDS Location – SW corner of Pacheco St and Olivera Rd

Fig. 3: Westernmost HDS Location – SW corner of Marsh-Olivera-Solano Wy-Arnold Industrial facilities. The proposed locations of the three trash capture devices are identified in Figures 1-

3. The proposed stormwater detention basin lies between the 2 existing parking lots, and beneath the proposed new parking lot.

Regular monthly meetings will be held between the City Public Works Department and the NCE team. Project goals, methods, staffing, progress, and schedules will be reviewed at bi-weekly intervals. Invoices will be delivered monthly, with deliveries timed to optimize coordination with the City for Caltrans reimbursement.

A records search will be performed using both County FCD and City files. As-built or design level files for Hillcrest Park assets will be collected. Representatives of the Parks Department will be interviewed to obtain information they have regarding Hillcrest Park users and operations.

HDS #3 Location
HDS Location #2

Hillcrest Park Scope of Work 9 Nov 2020 3 Topographic surveys will be completed for that portion of Hillcrest Park north of the Clayton Valley Drain. A boundary record search will also be prepared tying in the Park topographic features to know benchmarks A survey will also be completed for the westernmost CDS unit, near the Solano Way-Marsh Rd-Olivera Rd-Arnold Industrial Way trash capture location.

A geotechnical investigation will be conducted at each of the three prospective HDS unit locations. Soil lithography and classification will be collected to a depth of 50’ bgs using a power driven, hollow-stem augur drill rig. Soil plasticity will be evaluated using standard laboratory methods along with moisture content. Groundwater observations will be made.

Well logs from wells surrounding the Park will also be collected using the DWR database.

Storm drain inlets for major trunklines upstream of the Park will be measured for diameter, construction material, and depth below-grade (influent and effluent inverts) and cataloged via tape-down measurements. Two of the watershed areas are known at 80-ac and 500-ac; the third watershed will be delineated based on field reviews and review of the City’s storm drain system and Caltrans As-Built drawings. In the absence of City provided GIS maps, NCE will prepare GIS maps of the 3 watersheds.

Sizing of 3 HDS Units Trash capture rates will be calculated for each of the 3 drainage areas.

Calculations will be performed using the Rational Method and the 1-year, 1-hour rainfall intensities from NOAA Atlas 14. The County’s drainage methodology in HMS will also be consulted to see if the 1-year, 1-hour storm is included.

Although Contech Continuous Deflection Separation (CDS) units have been identified as satisfactory for performing the work, other units may be less costly and/ or more in keeping with proper trash capture and maintenance. Final selection of trash capture devices is dependent on the City’s budget, precipitation-watershed-soils analysis, and discussions with manufacturers/ vendors.

Approximately 600 acres of land will be treated by the three HDS units, of which 90 acres are from Caltrans right-of-way, including 46.2 acres designated as significant trash generating areas (STGA).

Develop 10-year Storm Drain Pipe Model for Three (3) Drainage Areas A hydraulic model of the trunk lines within each drainage area will be prepared using MIKE URBAN. The model will focus on the larger conveyance pipes within each drainage area. Each drainage area will be broken up into coarse sub-basins, however the model will not be detailed won to the street block level.

The 10-year flow rates will be used for designing bypasses to the trash capture systems.

It is assumed the 80-acre drainage area will have an inline trash capture system and the 500 acre drainage area will have an offline trash capture system. The additional third device is assumed to be inline, however a portion of State Route 4 contributing to the watershed will need to be reviewed as part of the field work.

Hillcrest Park Scope of Work 9 Nov 2020 4 Fig. 4: Below Ground CCWD Water Mains Near Hillcrest Park

Fig. 5: Below Ground CCWD Water Mains West of Hillcrest Park Near the Intersection of Marsh- Olivera-Arnold Industrial and Solano Way

Hillcrest Park Scope of Work 9 Nov 2020 5 One hydraulic impact iteration of the model will be developed based on the device selected. If the device is changed or design changes are made, additional scope and fee may be requested.

County LiDAR data will be used for rim elevations and general assumptions on the slopes of pipes from collected field data. NCE will prepare detailed design drawings in AutoCAD.

Bio-retention Sizing Calculations Bioretention basins will be sized based on the combination flow volume methodology that is widely used to comply with MRP 2.0. The Contra Costa County IMP sizing tool will also be used to ensure adequate treatment area is provided for the bioretention areas capturing flows from the parking lots and associated flat areas.

Design Concept Development Two initial concepts will be presented to the City for their consideration, along with capital, maintenance, and operating costs. The length and heights of weirs associated with the trash capture units will be optimized using calculations.

Water Reuse A detention basin is anticipated to accept stormwater diverted from the central and eastern trash capture units. Water collected in the detention basin will be used to offset current domestic water supply for irrigation. The detention basin concept is for a modular HDPE below ground facility. Infiltration re-use may also be considered depending on results from the Park geotechnical investigation.

Utility investigations will be conducted by ground penetrating radar (GPR) along with vacuum extraction for positive location. Known underground utilities include CCWD water mains and a Kinder-Morgan petroleum products pipeline. At least 6 potholes through paving are estimated and 2 through soil. Figures 4 and 5 reflect known CCWD facilities within the project limits.

Established signs indicate an alignment for the petroleum products pipeline approximately 25’ south of the Olivera Rd curbline running in an east-west orientation. Utility maps will be requested from all utilities in proximity with the Park. If necessary, relocation requests will be coordinated once final detention basin and parking lot design is agreed upon, prior to City construction. Overhead utility coordination will also take place.

An investigation will be made into the Park’s current irrigation system. Re-use of the system will be explored, based on the final determination regarding the stormwater detention basin development. To the maximum extent practicable, existing components will be reused.

CEQA Assistance will be provided by NCE to City staff, including cultural and biological resource surveys, and coordination with the Governor’s Office of Planning and Research. NCE will either lead or attend-and-support City staff in presentation at one City Council meeting and at one Parks Commission workshop. Meetings are anticipated to be virtual.

Outreach to the public will take the form of both mailers to residents in immediate proximity with the Park and an on-line questionnaire. At least one public workshop is anticipated for the project. In this way ideas about Park enhancements will be generated for consideration as part of the overall Park project.

Hillcrest Park Scope of Work 9 Nov 2020 6 A pavement condition analysis will be completed for the 2 existing (east and west) parking lots.

Corings will be used to observe AC thickness, AB thickness, and sub-grade materials. Existing R- values will be calculated from collected soil samples Non-porous pavement designs will be used.

Design will include preliminary, 65%, 90%, 100%, and Invitation-for-Bid plan sets. Specification packages and estimates will accompany the 95%, 100% and IFB submittals. The City will provide up-front specifications along with bid tabs from recent capital improvement projects within the City for use in the development of the bid. City standard plan and specification formats will be used. One alternate or additive bid format is anticipated.

NCE will assist with bid support. This will include providing answers on information requests.

The City will advertise the project, however NCE will assist during bid opening. During construction, NCE will assist on RFI’s and CCO’s, including shop drawing reviews, if necessary.

Progress will also be documented with the collection of on-site photographs.

After construction, NCE will prepare as-built plans, based on records received from the City’s resident engineer. Final as-built plans will be prepared in electronic format. One full size, hard copy as-built plan set will also be provided.

Task Description
Mike
Carlson
Lee
Taubeneck
Jason
Drew
Ryan
Shafer
Jenny
van
Dyke
Mary
Horvath
Myles
Goins
Matthew
Gaber
Gail
Ervin Proj Sci Sr. Sci.

Staff
Sci.

Sr.

Tech
Sr. Fld
Ops
Supv
Total NCE
Hours NCE Labor CE&G
Schaaf &
Wheeler Brookwater
Mountian
Pacific
Surveys
Disc
Hydro
Reimbursable
Expenses Total Cost
$220 $175 $220 $220 $150 $175 $125 $220 $220 $125 $150 $120 $120 $115

1. Project Management & City Coordination 83 26 8 1 4 8 1 2 8 800000 104 $ 18,960 $ - $ 483.00 $ - $ - $ 230 $ 19,673

2. Public Outreach and Environmental Technical Studies
2a. Public Outreach 6 4 20 2 32 $ 6,860 - $ - $ - $ $ 1,150 8,010$ 2b. Environmental Technical Studies 42 0 2 4 4 6 50 40 40 16 4 190 $ 27,390 - $ - $ - $ - $ $ 9,545 36,935$ Sub-Totals 6 8 4 0 2 4 0 4 0 8 5 04 04 01 6 4 222 34,250$ - $ - $ - $ - $ 10,695$ 44,945$

3. Base Mapping & Data Collection 4 41 41 0 6 4 42 $ 7,000 $ 24,150 $ - $ - $ 28,750 $ 24,401 $ 2,300 86,601$

4. Hydrology and Hydraulic Analysis 4 81 41 0 6 42 $ 7,100 $ - $ 20,815 $ - $ - $ - 27,915$

5. Prepare Preliminary, 65%, 90%, 100% and Final Plans
(PS&E)
5a. Design Data Gathering 1 4 18 4 36 5 68 $ 10,055 - $ - $ - $ - $ $ 230 10,285$ 5b. Draft Design, 65% PS&E 14 8 58 12 116 15 214 $ 31,280 - $ $ 3,899 $ 6,325 - $ $ 230 41,734$ 5c. Draft Design, 95% PS&E 26 12 73 16 154 20 283 $ 41,530 - $ - $ - $ $ 230 41,760$ 5d. Draft Design, 100% PS&E 12 4 20 4 36 5 72 $ 10,750 - $ - $ - $ - $ $ 230 10,980$ 5e. Final Design and Contract Documents 1 4 18 4 36 5 68 $ 10,055 - $ - $ - $ - $ $ 230 10,285$ Sub-Totals 4 1 4 0 3 2 1 8 74 0 3 7 8 5 0 000000 705 103,670$ - $ 3,899$ 6,325$ - $ - $ 1,150$ 115,044$

6. Bidding and Construction Support Services
6a. Bidding Support Services 2 21 2 2 4 2 24 $ 3,880 - $ - $ - $ - $ 288$ 4,168$ 6b. Construction Support Services 2 21 2 2 4 2 24 $ 3,880 - $ 1,725$ - $ - $ 288$ 5,893$ Sub-Totals 0 4 0 4 2 4 4 8 4 000000 48 7,760$ - $ 1,725$ - $ - $ - $ 575$ 10,060$

7. Record Retention & As-Built Drawings 2 12 2 48 2 66 $ 9,030 - $ - $ - $ - $ -$ 9,030$ Total 26 58 46 48 253 82 470 76 16 54 40 40 16 4 1229 187,770$ 24,150 $ 26,922 $ 6,325 $ 28,750 $ 24,401 $ 14,950.00$ 313,267$ Hillcrest Park Regional Green Infrastructure
Fee Estimate - Task Summary Table
November 9, 2020
NCE Labor Hours Subconsultant Fees

Richmond, CA
501 Canal Blvd., Suite I
Richmond, CA 94804
(510) 215-3620

Project No: 663.22.55

December 15, 2021

Mr. Bernard Enrile
CIP Manager
City of Concord Department of Public Works
1995 Parkside Drive, MS 40
Concord, CA 94519

Contract Amendment No. 1
Contract Number CCA-5838
Hillcrest Park Regional Green Infrastructure Project No. 2512

Dear Mr. Enrile,

This letter provides to the City of Concord (City) a request for a budget amendment to Contract Number CCA-5838 between the City and NCE related to the design development (preliminary design) and preparation of plans, specifications and estimates associated with the H illcrest Park Regional Green Infrastructure Project. The project was launched in late January. Since that time several of the original assumptions about the location, configuration and outcomes of the project have changed as a result findings discovered during design development. The findings required changes and additional efforts associated with design development, and also have led to additional efforts related to the preparation of the plans, specifications and estimates . Finally, coordination with Caltrans and the California Regional Water Quality Control Board (RWQCB) were requested by the City which were not a part of our original scope. This budget am endment provides details regarding the scope changes and the associated cost estimates. In broad terms the amendment places these tasks into three categories (i) additional work associated with the iterations on project development concepts and agency coor dination (ii) new design scope related to the design of the approved concept, and (ii) irrigation system design.

ADDITIONAL ITERATIONS ON PROJECT DEVELOPMENT CONCEPTS, CIVIL DESIGN AND AGENCY COORDINATION The initial project concept envisioned five bioretention basins surrounding the existing parking lots within Hillcrest Park. Three hydrodynamic separators were also scoped for trash removal along three separate storm drains leading to Holbrook Channel. One underground storm water storage vault was also proposed beneath a new parking lot to be centered between the east and west parking lots. Reuse of detained storm water by sprinkler irrigation was proposed to offset water currently supplied from a well l ocated within the Park. Field work for t he project topographic survey was completed in April and the AutoCAD file received in early May. The survey noted a 1 6.5’ easement to Southern Pacific Pipeline. Subsequently, in a meeting with the local Kinder Morgan representative, the easement was identified as 25’ on either side of the petroleum pipeline . While Kinder Morgan was amenable to parking lot rehabilitation with the structural section presented, they were not receptive to placement of the planned detention system within their easement. Consequently, research and time was required to develop a second storm water detention concept that resulted in relocating the storm water detention to the west beneath the model airplane field.

The original project concept also called for diversion of storm water from a storm drain on the east side of the Park.

The concept redirected flows by gravity to an underground detention basin along a conduit running parallel to Olivera Road. Plans were initially drawn up to d etain water from the storm drain on the east side of the Park.

Subsequent to discussions with Kinder Morgan the concept was re -examined to include storm water interception from twin storm drains running south along Peralta Road and beneath the west side of the Park. Avoiding the Kinder

Exhibit B

2 | P a g e
Mr. Bernard Enrile, CIP Manager
November 15, 2021
Hillcrest Park Regional Green Infrastructure Project

Morgan line and a storm drain run along Olivera Rd in closer proximity with the model airplane field caused this concept to be favored over intercepting storm water on the east side of the Park.

Treatment of storm water for public park irrigation is regulated in California by Title 22. Design of storm water treatment was not contemplated in the original project scope. To evaluate the level of treatment required for proposed storm water reuse a meeting was held in August with representatives from the RWQCB. Preliminary cost estimates were developed to satisfy the RWQCB for treatment and shar ed with the City. The City elected to discontinue the option for Park turf irrigation reuse as too expensive. Tree watering and street rinsing with untreated storm water around the City was proposed as an alternative to sprinkler irrigation at the Park. This led to another change in the project concept.

Hydrodynamic separator (HDS) units were scoped as part of the original project concept. Subsequently, groundwater elevations across the Park were identified between 12 and 13 feet bgs. Consequently, our hydraulics subconsultant recommended use of the lower draft baffle boxes for full trash capture. The first iteration design submittal included these baffle boxes. Subsequently, Site Saver units were identified from Strom Trap Inc. were recommended as an even less costly alterna tive and ones that would also ensure smoother operation by being positioned in -line with the existing storm drains . These units are now being incorporated into the next design submittal and represent a larger design effort not originally contemplated.

Representatives from Caltrans in Sacramento and in Oakland participated in a regular project team meetings in June and July. Subsequently, Caltrans in Sacramento requested the City participate in a quarterly meeting in late August with other storm water f unding recipients. The City requested that NCE attend the meeting , prepare and make a PowerPoint presentation. The presentation required staff hours and entailed follow up with the completion of two forms – the Cooperative Improvement Agreement (CIA) form and the Financial Contribution Only (FCO) form. Drafts of these forms have been shared with the City. This effort at the request of the City was not included in our original scope of work. An updated version of the completed forms is anticipated for su bmittal to the City later this week.

While a portion of the hours have already been billed under Task 1 – Project Management and City Coordination, costs incurred for preparation of the forms during October and November were withheld from the latest invoi ce.

ADDITIONAL MECHANICAL AND ELECTRICAL DESIGN
Reuse of the storm water for tree watering and street rinsing around the City will meet the goals of the City’s Green Infrastructure Plan , however the option requires design efforts associated with piping, pump equipment, and electrical power supply not included in the original project scope. Elements include (i) a PG&E service drop (ii) a wet well and lift pump at a storm drain intercept upstream of the underground storm water detention chambers (iii) a wet well and lift pump at the downstream end of the detention chambers (i v) piping to connect the downstream wet well and pump to the water truck standpipe (v) a standpipe to allow water truck connection near the western parking lot and (v) overhead lighting for the western parking lot. Cost estimates from YEI have been secured to address these new design elements. The cost estimate includes oversight of our subconsultant for the new design elements.

IRRIGATION SYSTEM DESIGN
The detention system was originally scoped for placement beneath the parking lot. Subsequently, relocation of the detention system to the model airplane field added impacts to the existing Park irrigation system. While conceptual review of the irrigation system by our irrigation system was included in our original project scope, detailed design for irrigation system replacement, and an extension of the existing irrigation system to the proposed bioretention basins was not. Plans of the existing irrigation system were secured from the City in mid-November, which allowed Brookwater to prepare an accurate cost estimate. A cost estimate for design of irrigation system replacement and

3 | P a g e
Mr. Bernard Enrile, CIP Manager
November 15, 2021
Hillcrest Park Regional Green Infrastructure Project

extension was provided by Brookwater in early December. The cost estimate includes oversight of our subconsultant for the system design.

SCHEDULE AND FEE ESTIMATE

The total of all three tasks – project development concept iterations and agency coordination, revised design, and irrigation system is $102,458. A breakdown of these items is included in the attachment. Our contract with the City included a contingency of $31,327. This leaves a deficit of some $ 71,131 beyond the project contingency. As we understand the Department will need to present this request to the City Council for their consideration and approval, we are available to discuss this request at your convenience. If you have any questions, please contact Lee at (510) 215-3620 x313.

Sincerely,

Lee Taubeneck, MS, PE
Associate Engineer

Michael J. Leacox, CEG
Principal

enc(1) – budget amendment cost estimate

Task Description
Lee
Taubeneck
Franz
Haidinger
Matthew
Gaber
Mary
Horvath
Myles
Goins
Total NCE
Hours NCE Labor Brookwater
YEI
Engineering
Reimbursable
Expenses Total Cost
$175 $220 $220 $175 $125

1.b. Project Management and Agency Coordination
Agency Coordination 14.25 14.25 $ 2,494 25$ 2,519$ CIA & FCO Forms 31.5 26.5 58 $ 8,825 25$ 8,850$ Sub-Totals 45.75 0 0 0 26.5 72.25 $ 11,319 0 0 50$ 11,368.75$

5. Prepare Preliminary, 65%, 90%, 100% and Final Plans
(PS&E)
5c. Draft Design, 95% PS&E 2 4 6 6 8 26 $ 4,600 36,841.40$ $ 25 41,466$ 5d. Draft Design, 100% PS&E 2 2 4 4 6 18 $ 3,120 10,062.50$ 30,647.50$ $ 25 43,855$ 5e. Final Design and Contract Documents 2 2 2 4 4 14 $ 2,430 862.50$ $ 25 3,318$ Sub-Totals 6 8 12 14 18 58 10,150$ 10,925$ 67,489$ 75$ 88,639$ 6a. Bidding Support Services 2 2 4 8 $ 1,200 -$ -$ 25$ 1,225$ 6b. Construction Support Services 2 2 4 8 $ 1,200 -$ 25$ 1,225$ Sub-Totals 4 0 0 4 16 16 2,400$ -$ -$ 50$ 2,450$ Total 55.75 8 12 18 60.5 146.25 23,869$ 10,925$ 67,489$ 175$ 102,458$

Hillcrest Park Regional Green Infrastructure
Fee Estimate - Task Summary Table
December 15, 2021

Staff Report
Date: January 10, 2022
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Karan Reid, Director of Finance
Prepared by: Suzanne McDonald, Financial Operations Manager [email protected]
(925) 671-3136
Subject: Considering acceptance of the Annual Comprehensive Financial Report with the Independent Auditors' Report and Required Communications Letter for the fiscal year ending June 30, 2021.

Report in Brief
The Annual Comprehensive Financial Report (ACFR) with the independent auditors’ report for the year ending June 30, 2021, and the Required Communications Letter are complete. The auditors expressed an opinion that the City's financial statements for Fiscal Year 2020-2021 are fairly stated in conformity with accounting principles generally accepted in the United States. This is the most favorable conclusion and is commonly known as an "unqualified" or "clean" opinion.

Recommended Action
Accept the Annual Comprehensive Financial Report with Independent Auditors' Report for the fiscal year ending June 30, 2021 along with the Required Communications Letter for fiscal year ending June 30, 2021.

Background
The financial statements of the City of Concord are subject to an annual independent audit, performed by Maze & Associates Accountancy Corporation. The audit is a comprehensive review of the financial records of the City and the internal control procedures in place which safeguard the City's assets. The audit also looks at the City's compliance with generally accepted accounting principles, with the various requirements of the Governmental Accounting Standards Board (GASB) and with

3.f3.f3.f

City Council Agenda Report
Agenda Item No. 3.f
January 10, 2022
standards developed by the Government Financial Officers Association (GFOA). The Independent Auditor's Report is included in the ACFR (Attachment 1). The auditor is required to communicate areas of deficiency in the City’s internal control over financial reporting. The Required Communications Letter (Attachment 2) is the report in which this communication occurs and is also provided in a standardized format.

Analysis
The Independent Auditor's Report indicates that the financial statements present fairly both the financial position of the City as of June 30, 2021, and the financial activity for the year then ended. This opinion is considered "clean" or "unqualified," which means that the financial records reflect appropriately the financial activity of Fiscal Year 2020- 2021.

The ACFR includes a wealth of financial information about the City of Concord, along with the City’s Mission Statement, Vision, Organizational Values, Corporate Goals, organizational structure and statistical information pertaining to the City. Each year the ACFR is submitted to the GFOA to be considered for its Excellence in Financial Reporting award program. A copy of the award for fiscal year 2019-2020 is included in this ACFR, and we anticipate that the City will be successful in attaining the award in fiscal year 2020-2021.

The Financial Section of the ACFR reflects the actual audited financial statements of the City of Concord. This section is developed in conformance with the guidelines established by GASB and includes the Management Discussion and Analysis, Government-Wide Financial Statements and Fund Financial Statements as required under Government Accounting Standards Statement 34. The Financial Section also includes the Notes to the Basic Financial Statements, which describe the various policies and methods used to manage the finances of the City.

For fiscal year ended June 30, 2021, the fund balance in the City’s General Fund increased $1.2 million from the previous year. The fund balance increase was primarily due to Sales Tax revenue coming in higher than anticipated during the fiscal year, a result of quicker recovery from the financial impacts of the COVID-19 pandemic than originally projected. At June 30, 2021, the Unassigned (available) General Fund balance was 44% of General Fund Operating Expenditures. A portion of this excess reserve was anticipated and is included in the FY2022 Budget to cover future operating expenditures. At June 30, 2022, the General Fund Reserve Balance is expected to be 38% of General Fund Operating Expenditures. The General Fund Reserve Balances will be discussed in more detail during the FY2021-2022 mid-cycle budget review scheduled for February 2022.

GASB frequently releases new accounting and financial reporting standards which may have a significant impact on the Financial Section of the ACFR. For fiscal year 2020-

City Council Agenda Report
Agenda Item No. 3.f
January 10, 2022
2021, the City implemented several new standards, all of which are disclosed in Note 1 to the financial statements.

The Statistical Section of the ACFR includes tables, graphs and other historical information regarding the overall financial health of the City of Concord. While the Statistical Section is not audited, the information included is useful in helping readers understand the finances of the City.

In order to include the City’s full disclosure in one document, the final section of the ACFR reflects additional information necessary to continue compliance with the bond covenants for previous bond issues which are still outstanding. While not required to be a part of the ACFR, the information contained in this section is subject to disclosure requirements. Staff believes that including this section completes a concise financial package for the public.

The Required Communications Letter (Attachment 2) includes: discussion of accounting policies; disagreements with management or difficulties encountered during the audit; and significant audit findings. For the current year under audit, the auditors did not encounter difficulties during the audit nor did they note any significant audit findings.

Financial Impact
There is no fiscal impact.

Public Contact
The City Council Agenda was posted.

Attachments

1. Annual Comprehensive Financial Report with Independent Auditors’ Report for fiscal year ending June 30, 2021

2. Required Communications Letter for fiscal year ending June 30, 2021

Annual Comprehensive
Financial Report
Fiscal Year Ending June 30, 2021
City of Concord ● California
Attachment 1

CITY OF CONCORD, CALIFORNIA

COMPREHENSIVE ANNUAL FINANCIAL REPORT
Fiscal year
ENDED June 30, 2021
Prepared by
The Finance Department
Karan Reid
Director of Finance

This Page Left Intentionally Blank

CITY OF CONCORD JUNE 30, 2021
Page
Table of Contents ........................................................................................................................................... i Mission Vision & Values Statement ............................................................................................................. v Corporate Goals .......................................................................................................................................... vii INTRODUCTORY SECTION:

Letter of Transmittal .................................................................................................................................... xi Principal Officers ....................................................................................................................................... xix Organization Chart
...................................................................................................................................... xx GFOA Certificate of Achievement for Excellence in Financial Reporting ............................................... xxi FINANCIAL SECTION:

Independent Auditor’s Report ................................................................................................................... 1 Management Discussion and Analysis ...................................................................................................... 5 Basic Financial Statements:

Government-wide Financial Statements:

Statement of
Net Position ..................................................................................................................... 23 Statement of Activities ......................................................................................................................... 24 Fund Financial Statements:

Major Governmental Funds:

Balance Sheet – Governmental Funds ........................................................................................... 28 Reconciliation of the Governmental Funds – Balance Sheet to the Statement of
Net Position ........................................................................................................ 29 Statement of Revenues, Expenditures and Changes in Fund Balances ......................................... 30 Reconciliation of the Net Change in Fund Balances – Total Governmental Funds to the Statement of Activities .................................................................................................. 31 Statement of Revenues, Expenditures and Changes in Fund Balance – Budget and Actual General Fund ........................................................................................................................... 32 Concord Housing Special Revenue Fund ................................................................................ 33 ARPA Special Revenue Fund ................................................................................................. 34 Proprietary Funds:

Statement of Net Position – Proprietary Funds .............................................................................. 36 Statement of Revenues, Expenses and Changes in Fund Net Position .......................................... 37 Statement of Cash Flows – Proprietary Funds ............................................................................... 38 Fiduciary Funds:

Statement of Fiduciary Net Position .............................................................................................. 40 Statement of Changes in Fiduciary Net Position
........................................................................... 41 i

CITY OF CONCORD JUNE 30, 2021
Page
FINANCIAL SECTION (CONTINUED):

Notes to the Basic Financial Statements:

Note 1 – Summary of Significant Accounting Policies ................................................................. 44 Note 2 – Budgets and Budgetary Accounting ................................................................................ 54 Note 3 – Cash and Investments ...................................................................................................... 55 Note 4 – Interfund Transactions .................................................................................................... 64 Note 5 – Loans and Notes Receivables .......................................................................................... 66 Note 6 – Capital Assets .................................................................................................................. 69 Note 7 – Long-Term Debt .............................................................................................................. 70 Note 8 – Fund Balances ................................................................................................................. 75 Note 9 – Stewardship, Compliance and Accountability ................................................................ 75 Note 10 – City of Concord Retirement System Plan ..................................................................... 76 Note 11 – City of Concord Early Retirement Plans ....................................................................... 80 Note 12 – Pension Plan .................................................................................................................. 81 Note 13 – Other Post-Employment Health Care Benefits ............................................................. 88 Note 14 – Deferred Compensation Plan ........................................................................................ 92 Note 15 – Risk Management and Insurance .................................................................................. 92 Note 16 – Commitments and Contingencies .................................................................................. 93 Note 17 – Redevelopment Successor Agency Activities ............................................................... 95 REQUIRED SUPPLEMENTARY INFORMATION:

Schedule of Changes in the Net Pension Liability and Related Ratios - Last Ten Years:

Miscellane ous Plan ...................................................................................................................... 100 Safety
Plan ................................................................................................................................... 102 City of Concord Retirement System ........................................................................................... 104 Other Post Employment Benefit Plan .......................................................................................... 106 Schedule of Contributions – Last Ten Years:

Miscellane ous Plan ...................................................................................................................... 107 Safety Plan ................................................................................................................................... 108 City of Concord Retirement System ........................................................................................... 109 Other Post Employment Benefit Plan .......................................................................................... 110 SUPPLEMENTARY INFORMATION:

COMBINING AND INDIVIDUAL FUND FINANCIAL STATEMENTS AND SCHEDULES NON MAJOR GOVERNMENTAL FUNDS:

Combining Balance Sheet ..........................................................................................................................11 6 Combining Statement of Revenues, Expenditures and Changes in Fund Balances .................................. 120 Combining Schedule of Revenues, Expenditures and Changes in Fund Balances – Budget and Actual ........................................................................................................................124 INTERNAL SERVICE FUNDS:

Combining Statement of Net Position ...................................................................................................... 134 Combining Statement of Revenues, Expenses and Changes in Fund Net Position .................................. 136
Combining Statements of Cash Flows ....................................................................................................... 138 ii

CITY OF CONCORD JUNE 30, 2021
Page
STATISTICAL SECTION:

STATISTICAL TABLES AND OTHER SCHEDULES (UNAUDITED)
Table 1 - Net Position by Component ....................................................................................................... 145 Table 2 - Changes in Net Position
............................................................................................................ 146 Table 3 - Fund Balances of Governmental Funds ..................................................................................... 148 Table 4 - Changes in Fund Balances of Governmental Funds .................................................................. 150 Table 5 - Assessed Value and Estimated Actual Value of Taxable Property ........................................... 152 Table 6 - Property Tax Rates, Direct and Overlapping Governments ...................................................... 153 Table 7 - Principal Property Taxpayers .................................................................................................... 154 Table 8 - Property Tax Levies and Collections ......................................................................................... 155 Table 9 - Taxable Sales by Category ........................................................................................................ 156 Table 10 - Sales Tax Rates ........................................................................................................................ 157 Table 11 - Top 25 Sales Tax Producers .................................................................................................... 158 Table 12 - Ratios of Outstanding Debt by Type ....................................................................................... 159 Table 13 - Direct and Overlapping Debt ................................................................................................... 160 Table 14 - Computation of Legal Bonded Debt Margin ........................................................................... 161 Table 15 - Sewer Revenue Bonds Coverage ............................................................................................. 162 Table 16 - Bonded Debt Pledged Revenue Coverage, 1998 (Refunded), 1993 (Refunded), 2004 (Refunded), and Tax Allocation Refunding Bonds Series 2014 ........................................ 163 Table 17 - Demographic and Economic Statistics .................................................................................... 164 Table 18 - Principal Employers ................................................................................................................ 165 Table 19 - Full-Time Equivalent (FTE) City Government Employees By Function ................................ 166 Table 20 - Operating Indicators by Function/Program ............................................................................. 167 Table 21 - Capital Asset Statistics by Function/Program ......................................................................... 168 MUNICIPAL DEBT CONTINUING DISCLOSURE:

Municipal Debt Continuing Disclosure – See Rule 15c2-12(b)(5) City of Concord Joint Powers Financing Authority
Lease Revenue Bonds (Concord Pavilion) Series 1995
Table 1 – Summary of Revenues and Expenditures and Changes in Fund Balances ............ 171 City of Concord Joint Powers Financing Authority
Certificates of Participation – 2007 Wastewater System Improvement Projects (Refunded) Certificates of Participation – 2004 Wastewater System Improvement Projects (Refunded) Wastewater Revenue Refunding Bonds Series 2012
Table 2 – Ten Largest Users of the Wastewater System ....................................................... 172 Table 3 – Sewer Rates for Fiscal Year 2019-2020
................................................................ 173 iii

CITY OF CONCORD JUNE 30, 2021
Page

MUNICIPAL DEBT CONTINUING DISCLOSURE (CONTINUED)
Successor Agency of the Former Redevelopment Agency of the City of Concord (Central Concord Redevelopment Project) Tax Allocation Refunding Bonds Series 2004 (Refunded)
Table 4 – Historical Taxable Values and Tax Increment Revenues ...................................... 174 Table 5– Largest Property Taxpayers by Assessed Value and Revenue ............................... 175 Table 6 – Annual Assessed Value Appeals ........................................................................... 176 Successor Agency of the Former Redevelopment Agency of the City of Concord (Contra Costa County, California) Tax Allocation Refunding Bonds Series 2014 Table 7 – Assessed Valuation by Category of Use ............................................................... 177 Table 8 – Historic Tax Revenues .......................................................................................... 178 Table 9 – Top 10 Taxpayers for Project Area ....................................................................... 179 Table 10 – Assessed Value Appeals for Project Area ........................................................... 180 Table 11 – Projection of Tax Revenues for Debt Service ..................................................... 181 Map .......................................................................................................................................................... 182 iv

Missio
n Statement for the Organization
Our mission is to join with our community to make Concord a city of the highest quality.

We do this by providing responsive, cost-effective, and innovative local government services.

Our Vision for the Future
• We will be a customer based, performance driven, results oriented organization, focused on finding the answer, solving the problem, and achieving positive outcomes.
• We will partner with the Concord community to maximize resources, deliver high quality services, and be recognized as setting the standard for excellence. • We will be trustworthy guardians of the public's resources. • We will make Concord a premier business location.
• We will collaborate to provide "seamless" services that benefit both our external and internal customers, streamlining our work processes and removing barriers wherever they arise.
• We will accept the challenge of change and be committed to continually enhancing the safety, environment, quality of life, and economic vitality of our community. • We will constantly look for new and better ways to deliver services. We will seek to be innovative, take reasonable risks, learn from our mistakes and always strive for excellence.
• We will welcome diversity in our community and our work place. • We will conduct our work in an atmosphere of trust, respect and courtesy with open doors and open communication for our customers and each other. • We will provide ethical, dynamic and effective leadership, establish clear direction and priorities, and model the mission and values in support of our common Vision. • We will be accountable for our performance and our organization's success, and be recognized for our achievements.
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Corpo
rate Goals
Goal 1 Continue to make Concord a desirable place to live, work, and raise a family.

Goal 2 Be responsive to the needs of Concord citizens, maintain a high level of customer satisfaction, and provide quality public information and outreach.

Goal 3 Promote and improve Concord as a premier location for existing, expanding, and new businesses.

Goal 4 Ensure a balanced budget for a ten-year planning period with adequate replacement funds for buildings and equipment.

Goal 5 Preserve and enhance the livability of Concord's residential neighborhoods with opportunities for a broad range of housing options.

Goal 6 Offer an array of recreation, leisure, and cultural events and programs to meet the needs of citizens of all ages, with an emphasis on the well-being of youth.

Goal 7 Maintain a safe and efficient traffic circulation system.

Goal 8 Have Concord be among the safest cities of comparable size in California and have citizens feel safe in their homes, places of work, and throughout the City.

Goal 9 Maintain City parks, recreation facilities, streets, buildings, and other infrastructure to meet high standards of condition and appearance.

Goal 10 Guide Concord's development according to the General Plan and manage physical resources based on sound environmental
principles.
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INTRODUCTORY SECTION

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December 21, 2021
Honorable Mayor, City Council and
Members of the Concord Community:

We are pleased to present the Annual Comprehensive Financial Report (ACFR) of the City of Concord (City) for the fiscal year ended June 30, 2021 in accordance with Municipal Code, Title 2, Section 15.030. The financial statements are presented in conformity with generally accepted accounting principles (GAAP). These financial statements have been audited by Maze & Associates Accountancy Corporation, a firm of certified public accountants, in accordance with generally accepted auditing standards. The goal of the independent audit was to provide reasonable assurance that the financial statements of the City for the fiscal year ended June 30, 2021 are free of material misstatements. Maze & Associates Accountancy Corporation has issued an unmodified ("clean") opinion on the City of Concord's financial statements.

This letter of transmittal provides a non-technical summary of City finances, services, achievements, and economic prospects. We ask that readers who wish a more detailed discussion of the City’s financial results refer to Management’s Discussion & Analysis (MD&A) contained in the Financial Section of the ACFR.

The ACFR was prepared by the City's Finance Department in conformance with the principles and standards for financial reporting set forth by the Governmental Accounting Standard Board (GASB). Management assumes full responsibility for the completeness and reliability of the information contained in this report, based upon a comprehensive framework of internal control that has been established for this purpose. Because the cost of internal control should not exceed anticipated benefits, the objective is to provide reasonable, rather than absolute, assurance that the financial statements are free of any material misstatements. We believe the data is presented in a manner designed to present a fair representation of the financial position and results of operations of the City as measured by the financial activity of its various funds; and that disclosures enable the reader to gain an understanding of the City's financial affairs.

Management's Discussion and Analysis (MD&A) immediately follows the independent auditor's report and provides a narrative introduction, overview and analysis of the basic financial statements. The MD&A complements this letter of transmittal and should be read in conjunction with it. Further discussion of the accounting policies used by the City can be found in the notes to the financial statements.

The City of Concord is required to undergo an annual single audit in conformity with the provisions of the Single Audit Act Amendments of 1996 and the U.S. Office of Management and Budget's Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards (2 CFR 200). Information related to this single audit, including a schedule of federal expenditures of federal awards, the independent auditor's report on internal control City of Concord
Finance Department
1950 Parkside Drive MS/06
Concord, CA 94519-2578
Fax (925) 671-3353
Telephone (925) 671-3192
xi

and compliance with applicable laws and regulations are included in a separately issued single audit report.

Reporting Entity
Located 29 miles east of San Francisco, Concord is the largest city in Contra Costa County with a population of 129,273. The City covers 31.13 square miles and provides a full range of services including: police protection, recreational activities, community and economic development, street improvements and maintenance services, parks maintenance, sewer, and general administrative and support services. In addition, the City oversees management of the Concord Pavilion, Diablo Creek Golf Course and Camp Concord in South Lake Tahoe, California.

Concord is a General Law city formed under the State legislative process and structured under provisions of the California constitution. Concord’s governing body, the City Council, is comprised of five elected members, who serve by district, each for four-year terms. City voters also elect a City Treasurer who serves a four-year term.

Every year, the Council selects one of its members to serve as Mayor and one to serve as Vice Mayor.

Concord is operated under the Council-Manager form of government. The Council hires the City Manager, who is then responsible for all management functions of the City, including the development of the budget, delivery of services, hiring of personnel and implementation of capital projects. The City Council also directly hires the City Attorney who serves as the City's primary legal advisor.

Concord is the job center of Contra Costa County and is the County's strongest retail location.

Concord offers the amenities that many businesses require for success. In Concord, business- friendly government policies, outstanding Class A office space values, numerous industrial parks and excellent transportation options combine with favorable home prices, an educated workforce and a dynamic retail environment to create ideal conditions for businesses to locate and expand. These qualities make Concord a premier business location.

The City Council's commitment to families and to the community fosters a high quality of life with attractive residential neighborhoods, and abundant recreational and entertainment opportunities for all ages. Concord, the city where "Families Come First," is a community of friendly neighborhoods with an excellent park system, convenient shopping, large preserves of open space, and an exciting downtown, which features Todos Santos Plaza as the focal point.

Concord's housing mix offers residents to live where they work and play. An extensive transportation system, including easy freeway access, two rapid rail transit stations (Bay Area Rapid Transit (BART)), bus services and a regional airport operated by Contra Costa County, makes Concord's location convenient to San Francisco and other Bay area cities.

The ACFR includes all funds of the City, as well as all governmental organizations and activities for which the Council has financial accountability. These include the Concord Public Financing Authority (the Authority), the City of Concord Retirement System, and the Concord/ Pleasant Hill Health Care District.
xii

The Concord Redevelopment Agency (RDA) was dissolved on February 1, 2012, and was replaced by the Redevelopment Successor Agency (SA). The SA is not a component unit of the City and is instead a separate legal entity overseen by the County Oversight Board and the State Department of Finance. The City’s role in the SA is fiduciary in nature. The SA is reported as a private-purpose trust fund, a fiduciary fund type. Additional information about the dissolution of the RDA is included in the notes to the financial statements.

Economic Condition and Outlook
The City of Concord’s diverse economy is supported by approximately 3.1 million square feet of Class A office space, 7 million square feet of industrial space, and four regional shopping centers, along with a variety of other commercial spaces, making Concord the largest employment center within Contra Costa County.

During the COVID-19 pandemic, the City of Concord focused its economic development efforts on supporting existing businesses through a variety of programs, including the Small Business Grant Program, which provided $5,000 grants to 130 businesses, and the Measure V Commercial Rent Relief Grant Program, which provided $10,000 commercial rent relief grants to 95 businesses. Through programs like these, the City of Concord is helping existing businesses remain operational and in their commercial spaces, keeping people employed, which stabilizes families, despite state mandated limitations on capacity and operations.

Concord is seeing signs of recovery in its retail and manufacturing sectors. Currently, the occupancy rate of Concord’s industrial market remains high at 97.2%, and is a strong sign of success but leaves little opportunity to attract new tenants or retain tenants looking to expand.

Concord’s industrial space is attractive due to its central location in the Bay Area and access to a strong workforce. As of October 2021, Concord’s retail vacancy rate is 1.1%. Office space is the one sector showing a decline, its vacancy rate is currently 13.9%, compared to 11.8% this time last year.

At Council’s direction, the City began implementing a fiscal stability plan in 2018 in order to start addressing the City’s unfunded maintenance needs. The City had previously implemented fiscal stability measures in order to address the revenue declines of the Great Recession, which began in 2007, and again in 2020 due to the COVID-19 pandemic. The City addressed both recessions by significantly reducing staff and cutting all non-essential spending. Those reductions allowed the City to remain fiscally solvent during both of those recessions.

A major step toward achieving long-term fiscal sustainability for the City occurred with two voter approved local transaction and use tax measures. Originally approved by voters in 2010 and extended in 2014, the City’s local tra
nsactions and use tax, Measure Q, has been a vital,
locally controlled, revenue source supporting day-to-day City operations. Measure Q was a voter approved half-cent transactions and use tax that was scheduled to sunset in March 2025.

On November 3, 2020, voters approved a one-cent transaction and use tax, Measure V, to replace Measure Q. Measure V stays in place until ended by voters. Collections from Measure V began April 1, 2021; ensuring that the City can maintain essential City services and begin addressing the City’s remaining fiscal challenges. Council has prioritized continuing to use the original ½ cent to support operations and has been dedicating the remaining ½ cent towards infrastructure maintenance and other Council and community priorities. The tables below provide an overview of the use of Measure Q funds and the Measure V funds through the end of FY 2020-21.
xiii

Table 1: Annual Measure Q Use Tax Receipts and Uses
As of June 30, 2021 (Dollars in Millions)
Table 2:

Annual Measure V Use Tax Receipts and Uses
As of June 30, 2021 (Dollars in Millions)
Sales tax revenue (Measure Q/V Transaction
s & Use Tax and the City’s Bradley Burns Sales
Tax) remains the largest General Fund revenue source and provides for 35 percent of general municipal services such as public safety, street maintenance, and parks and recreation programs. With the exception of the prior year, sales tax revenue has noted steady increases annually. The adoption of Measure V, combined with recovering regular Bradley Burns sales tax, resulted in sales tax revenue increasing by $10.8 million from fiscal year 2019-20 to a total of $58.8 million in FY 2020-21.

Property tax revenue represents the second most significant General Fund revenue source making up 17 percent of total General Fund revenues. Property taxes increased $0.8 million over fiscal year 2019-20. The City’s net taxable assessed value increased 4.9% in fiscal year 2020-21, comparable to the countywide increase of 3.4%. Further signs of a strengthening housing market are reflected in the fiscal year 2021-22 County Property Tax Assessment Roll released in August 2021, in which the City’s net taxable assessed value increased 3.6%.

Measure Q Receipts
General Fund
Programs &
Reserves
General Fund;
Measure Q
Stability
Reserves
Fiscal Year 2010-11 Activity (April 1 through June 30) $2.144 $2.144 $0.000 Fiscal Year 2011-12 Activity $9.971 $5.171 $4.800
Fiscal Year 2012-13 Activity $10.641 $9.080 $1.561
Fiscal Year 2013-14 Activity $11.432 $9.109 $2.323
Fiscal Year 2014-15 Activity $11.554 $10.843 $0.711
Fiscal Year 2015-16 Activity $12.139 $12.333 ($0.194)
Fiscal Year 2016-17 Activity $12.640 $12.224 $0.416
Fiscal Year 2017-18 Activity $13.820 $13.066 $0.754
Fiscal Year 2018-19 Activity $13.358 $13.700 ($0.342)
Fiscal Year 2019-20 Activity $13.327 $13.309 $0.018
Fiscal Year 2020-21 Activity (July 1 through March 31) $11.094 $11.746 ($0.652) Total $122.120 $112.725 $9.395
Measure V Receipts
Ge ne r a l Fund
Programs &
Reserves
Measure V
Contributions to
Reserves
Fiscal Year 2020-21 Activity (April 1 through June 30) $7.437 $2.549 $4.888 Total $7.437 $2.549 $4.888
xiv

The City’s unemployment rate was 6.6% in June 2021 compared to 13.4% in the previous year.

This is similar to the County’s rate of 7% in June 2021 (vs. 13.4% in June 2020). The region’s unemployment rates are lower than the State rate of 8%. Beacon Economics Fall 2021 Regional Outlook notes that the East Bay Region labor force continues to add jobs but, as of August 2021, has only recovered 50% of the positions lost in March and April 2020. The region is trailing the overall recovery rate in California. However, with the state and the East Bay region hitting vaccination targets, with schools re-opening, and with other barriers to employment lifted, employment growth is expected to continue in the near future.

The City’s current general obligation credit rating is Aa2 from Moody’s Investor Service.

Significant Community Events and Accomplishments
During FY 2020-21, the effects of the COVID pandemic began to shift and the City was able to provide several programs to assist
the community and advance many City Council initiatives.

Examples of significant accomplishments for the fiscal year ended June 30, 2021 include the following:

Pandemic Recovery:

Small Business Grant Program: Funded by CARES Act dollars, this program provided 130 small businesses with $5,000 grants to pay for operating expenses, personal protective equipment, and furnishings needed to establish outdoor operations. The Concord Chamber administrated this program with support from the City’s Economic Development and Finance staff.

Measure V Commercial Rent Relief Program: Timed to provide rent relief before the Concord Eviction Moratorium ended on June 30, 2021, this program provided 95 small businesses with $10,000 grants, paid directly to landlords. Through this program, recipients paid off 30% of self-reported rent arrears. The Concord Chamber administrated this program with support from the City’s Economic Development and Finance staff.

Temporary Outdoor Operations: Staff assisted thirty-five businesses with temporary permits to allow outdoor business setups at no cost during the pandemic.

Concordfirst.com Website: Staff launched website to help attract and support businesses within the city. The website provides the following information: available space, demographics, and market research for Concord prospectors; Opportunity Zones in Concord; the Concord Forward Initiative to support businesses during the pandemic; and various other local, state, and federal resources available for Concord businesses. "Concord Live!" was created to provide community members at-home opportunities to connect and engage with one another while supporting our local businesses who were hit the hardest during the pandemic. The virtual event series featured local gyms, restaurants, small businesses and artists.

Concord CERT: Concord Community Emergency Response Team (CERT) switched to virtual engagements to reach local residents with life-saving messaging about COVID-19 and disaster preparedness. Concord CERT members volunteered with Governor Newsom’s Social Bridging Project making telephone calls from home to older Californian residents to check on their well-being, access their basic needs, direct them to resources, provide disaster preparedness education, and simply connect on a personal level. xv

Fiscal Stability: Voter passage of Measure V, combined with Council’s past significant expenditure reductions, has stabilized the City’s long-term financial outlook for the General Fund, for the first time in decades.

Business Attraction: Several new businesses were attracted to Concord or expanded in the City; including, Hampton Inn Hotel; Side Gate Brewery; Chick Fil A; Project Second Chance (expansion of adult literacy program); Intero Chiropractic; Ford Automotive Group relocation and expansion; and Pacific Service Credit Union relocation.

Cannabis Business Support: Fast tracked and supported cannabis businesses to navigate the City permitting process and support opening operations as soon as possible.

Infrastructure Renewal: The issuance of the 2021 Certificates of Participation Bonds for $114 million provides the City funding to accelerate roadway investment. Within the City’s five year pavement expenditure plan, this additional funding will increase the City’s roadway investment from our historical average of $6 million a year to $23.6 million, improving the current roadway Pavement Condition Index of 58 to 62.

Mental Health & Homeless Resources/Emergency Response: Expanded Coordinated Outreach, Referral and Engagement (CORE) to full-time and established a Mental Health Evaluation Team (MHET) program in response to the challenges the City is facing with an increase in unhoused residents, many whom suffer from mental health challenges Camp Concord: Camp Concord successfully transitioned families to the new group rental model including expanded partnerships with new customers, like Contra Costa’s First Tee Golf program, to offer an additional week of youth camp.

Tree City USA: Named a Tree City USA community by the
National Arbor Day Foundation for
the 40th consecutive year. The national award honors Concord's commitment to its community forest.

Budgetary Control
The City maintains budgetary controls through the City Council’s adoption of an annual budget and by maintaining an encumbrance accounting system. Expenditures for City operations and other purposes identified in the annual budget cannot legally exceed the budgeted amounts approved by the City Council.

The Concord Municipal Code requires the City Manager to present the Annual Operating Budget to the City Council for approval. In June 2021, the City Council adopted a biennial budget encompassing Fiscal Years 2021-22 and 2022-23. The City Council has adopted a number of Policies & Procedures, including Budget and Fiscal Policies; Budget Preparation; Budget Appropriation and Transfer Controls, which provide direction in the development of the Annual Operating Budget. The City Manager has also authorized several Administrative Directives, which further clarify budget policies, processes and related controls.

Ultimate budgetary control resides at the fund level; however, the City has adopted a number of budgetary appropriation and transfer procedures to provide strong internal controls while encouraging improved accountability and administrative responsiveness. All budgetary transfers require Director of Finance review and approval. All transfers of appropriations affecting Personnel Services (wages & benefits) require Director of Human Resources and City xvi

Manager review and approval. Additionally, all transfers between funds and between departments require City Manager or City Council review and approval.

All capital project appropriation transfers require City Manager approval. Transfers in excess of $20,000 require City Council approval. The City Council’s approval is required for new appropriations with the exception of money received for specific purposes (e.g. Developer Contributions) where the appropriation and revenue received are of equal value. Special revenue budget appropriations based on funds provided by grants, donations or contributions require City Manager and City Council approval.

The City also uses encumbrance accounting as another technique for accomplishing budgetary control. An encumbrance is a commitment of a future expenditure earmarked for a particular purpose that reduces the amount of budgetary authority available for general spending. At the end of the fiscal year, encumbered appropriations are carried forward and become part of the following year’s budget while appropriations that have not been encumbered lapse.

The City continues to meet its responsibility for sound financial management as demonstrated by the statements and schedules included in the financial section of this report.

Internal Controls
In developing and enhancing the City's accounting system, significant consideration is given to the adequacy of the City's system of internal accounting controls. Internal controls are designed to provide reasonable assurance regarding the safeguarding of assets against the loss from unauthorized use or disposition, and the reliability of financial records for preparing financial statements and maintaining accountability for assets. The concept of reasonable assurance recognizes that the cost of control should not exceed the benefits likely to be derived, and that the evaluation of costs and benefits requires estimates and judgments by management.

Budget and Fiscal Policies: Long Range Financial Forecasting The City of Concord has utilized a Ten Year Financial Forecast Program since 1995. The Ten Year Financial Forecast Program requires that the City Manager biennially present balanced ten-year financial forecasts for all major funds. Beginning with 2018, the City developed a long- range forecast for the General Fund that projects out twenty years, in order to provide a longer- term view of the City’s fiscal condition, and incorporates both the operating and capital needs in the community. All other funds still present balanced ten-year forecasts. These funds include Special Revenue Funds, Capital Improvement Funds, and Proprietary Funds including the Post-Retirement Benefits Funds. In addition, the Twenty Year Financial Forecast for the General Fund is updated annually. The Twenty Year Financial Forecast includes all projected sources of revenue and all projected expenditures including salaries, benefits, materials, services and capital improvement projects. Each budget cycle, all forecasts are revisited, and assumptions are evaluated and updated.

Reserve Policy
To address financial uncertainties, the City maintains various General Fund reserves and contingency funds that, when combined, total not less than 17% of the General Fund’s xvii

operating expenditures, with a Council adopted goal of 30%. The reserve and contingency funds include: the General Fund Operating Contingency Reserve fund; the Benefit Reserve fund; the Capital Maintenance Reserve fund; the Economic Contingency Reserve fund; and the Unforecasted Reserve fund. The total combined General Fund reserve balance for these funds is $43.5 million or 44% of General Fund Operating Expenditures. A portion of this excess reserve is included in the FY2022 Budget to cover future operating expenditures. At June 30, 2022, the General Fund Reserve Balance is expected to be 38% of General Fund Operating Expenditures.

Awards
The Government Finance Officers Association (GFOA) of the United States and Canada awarded its Certificate of Achievement for Excellence in Financial Reporting to the City for its ACFR for the fiscal year ended June 30, 2020. This was the twenty-eighth consecutive year that the City of Concord has been recognized for excellence in financial reporting. To qualify for the Certificate of Achievement, the governmental entity must publish an easily readable and efficiently organized ACFR, the content of which conform to program standards. Such report must satisfy accounting principles generally accepted in the United States of America, as well as all applicable legal requirements.

The Certificate of Achievement is valid for only one year. The City believes this ACFR continues to conform to the Certificate of Achievement Program requirements and will be submitting it to GFOA for consideration of the annual award.

Acknowledgments
The preparation of this ACFR could not have been accomplished without the professional, efficient and dedicated services of the entire staff of the Finance Department, in particular Suzanne McDonald, Jonathan Palmer, George Villa, and Blake Muller.

In addition, staff in all City departments should be recognized for responding so positively to the requests for detailed information that accompanies each annual audit. The City also recognizes the contributions and positive working relationship with Maze & Associates Accountancy Corporation.

Finally, we wish to express our sincere appreciation to the Mayor, City Council and the City Manager for their unfailing support for maintaining the highest standards of professionalism in the financial management of the City of Concord.

Respectfully submitted,
Karan Reid
Director of Finance
xviii

PRINCIPAL OFFICERS
(June 30, 2021)
Elected Officials
Executive Team
Tim McGallian
Mayor
Dominic Aliano
Vice Mayor
Edi Birsan
Councilmember
Laura M. Hoffmeister
Councilmember
Carlyn Obringer
Councilmember
Patti Barsotti
City Treasurer
Valerie Barone
City Manager
Susanne Brown
City Attorney
Andrea Ouse
Director of Community
& Economic Development
Guy Bjerke
Director of Community
Reuse Planning
Karan Reid
Director of Finance
Jasmin Loi
Director of
Human Resources
Greg Taylor
Director of
Information Technology
Steve Voorhies
Director of
Parks & Recreation
Mark Bustillos
Chief of Police
Justin Ezell
Director of
Public Works
xixPage 26 of 221
The People of the City of Concord
Community &
Economic Development
Affordable Housing
Programs
Building
Economic Development
Engineering
Multi‐Family Rental
Inspections
Planning
Redevelopment
Successor Agency
Transportation
Board of Appeals
Design Review Board
Planning Commission
Successor Agency
Oversight Board
Concord Naval Weapons
Station Project Office
Conveyance Strategies
Financial Feasibility
Fiscal Sustainability
Public Outreach
Reuse Planning
Community Advisory
Committee
Technical Advisory
Committee
Police
Field Operations
Internal Operations
Investigations
Professional Standards
Volunteer Emergency
Services
Administration
Finance
Budget & Financial
Planning
City Treasury
Disbursements
Financial Analysis &
Reporting
Purchasing & Materials
Management
Revenue Generation
Lease Management
Public Works
Citywide Streetlight
Assessment District &
Traffic Signals
Facility Maintenance &
Custodial Services
Fleet Management
Graffiti Removal
Landscape & Lighting
Assessment Districts
Parks Services
Sewer Enterprise
Street Maintenance,
Signs & Markings
Street Sweeping
Traffic Operations
Human
Resources
Employee Services
Benefits Administration
Classification &
Com
pensation
Employee Relations
Labor Relations
Organizational Training
& Development
Recruitment & Selection
Safety & Workers
Compensation
Information
Technology
City Boundaries
Parcel Ownership
Land Management
Geospatial Analytics
GIS Data Layers
Street Addressing
Help Desktop Support
Web Sites
Client‐side Security
Technology Training
Enterprise
Applications & Data
Bases
Application & Data Base
Security
Project Management
Office (PMO)
Network Services
Telephone Services
Voice Mail Services
Radio/Wireless
Communications
Network Security
Office of the
City Manager
City Clerk/
Administrative
Services
City Council Support
Community Relations
Document Imaging/
Records Management
Franchise Management
Printing Services
Measure Q Oversight
Committee
Parks &
Recreation
Aquatics
Camp Concord
Facility Operations &
Programs
Golf Course Enterprise
Agreements
Pavilion Management &
Operations Agreement
Senior & Special
Recreation Services
Adult Sports & Events
Youth & Teen Programs
Commission on Aging
Concord Pavilion
Community Outreach
Committee
Parks, Recreation &
Open Space
Commission
City Council
Mayor and Four Council Members
Appointive Advisory Boards,
Committees or Commissions
City Treasurer
Deposits
Investments
City Attorney
City Manager
Assistant City Manager
Claims Processing
Legal Council to City Council, Commissions, Committees, City Management, City Departments and City Staff
Litigation and Liability Defense
Municipal Code Violation Prosecution
Ordinances, Resolutions, Contracts
The City of Concord has a City Council/City Manger form of government.  Five Council Members and the City Treasurer are elected.  The Council appoints the Cit y Manager and the City Attorney.  The City Manager appoints the City Clerk and department heads and hires employees to carry out program services.  The City Council appoints qualified citizens from the community to serve on advisory boards and commissions. xxPage 27 of 221
Government Finance Officers Association
Certificate of

Achievement
for Excellence
in Financial
Reporting
Presented to
City of Concord
California
For its Annual
Comprehensive
Financial Report
For the Fiscal Year Ended
June 30, 2020
Executive Director/CEO
xxi

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FINANCIAL SECTION

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INDEPENDENT AUDITOR’S REPORT
To the Honorable Mayor and Members of the City Council
City of Concord, California
Report on the Financial Statements
We have a
udited the accompanying financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City of Concord, California, as of and for the year ended June 30, 2021, and th e related notes to the financial statements, which collectively comprise the City’s basic financial statements as listed in the Table of Contents.

Management’s Responsibility for the Financial Statements Management is responsible for the preparation and fa ir presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America; this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of the financial statements that are free from material misstatement, whether due to fraud or error.

Auditor’s Responsibility
Our responsibility is to express opinions on these fina ncial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United St ates. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement.

An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditor’s judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the City’s preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the City’s internal control. Accordingly, we express no such opinion. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements.

We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinions.

Opinions
In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities, th e business-type activities, each major fund, and the aggregate remaining fund information of the City as of June 30, 2021, and the respective changes in financial position and, where applicable, cash flows thereof and the respective budgetary comparisons listed in the Table of Contents as part of the basic financial statements for the year then ende d in accordance with accounting principles generally accepted in the United States of America. 1

Change in Accounting Principles
Management adopted the provisions of Governmental Accounting Standards Board Statement Number 84 – Fiduciary Activities, which became effective during the year ended June 30, 2021 as discussed in Note 1 to the financial statements.

The emphasis of this matter does not constitute a modification to our opinions.

Other Matters
Required Supplementary Information
Accounting principles generally accepted in the United States of America require that the Management’s Discussion and Analysis and other required supplementary information as listed in the Table of Contents be presented to supplement the basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board, who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic or historical context. We have applied certain limited procedures to the required supplementary information in accordance with auditing standards generally accepted in the United States of America, which consisted of inquiries of management about the met hods of preparing the information and comparing the information for consistency with management’s responses to our inquiries, the basic financial statements, and
other knowledge we obtained during our audit of the basic financial statements. We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance.

Other Information
Our audit was conducted for th e purpose of forming opinions on the financial statements that collectively comprise the City’s basic financial statements. The Introductory Section, Supplemental Information, and Statistical Section listed in the Table of Contents are presented for purposes of additional analysis and are not a required part of the basic financial statements.

The Supplementary Information is the responsibility of management and was derived from and relates directly to the underlying accounting and other records used to prepare the basic financial statements. Such information has been subjected to the auditing procedures applied in the audit of the basic financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the basic financial statements or to the basic financial statements themselves, and other additional procedur es in accordance with auditing standards generally accepted in the United States of America. In our opinion, the Supplementary Information is fairly stated, in all material respects, in relation to the basic financial statements as a whole.

The Introductory, Statistical Section and Municipal Debt Continuing Disclosure Section have not been subjected to the auditing procedures applied in the audit of the basic financial statements and, accordingly, we do not express an opinion or provide any assurance on them. 2