DefTech 1032- Flameless Tri-Chamber CS - Qty: 12. $31.95 per unit. The design of the Tri-Chamber Flameless CS allows the contents to burn within an internal can and disperse the agent safely with reduced risk of fire. The CS is designed primarily for indoor tactical situations to detect and/or dislodge a barricaded subject. It will deliver approximately .70 oz. of agent during its 20-25 seconds burn time.
DefTech 1072- Spede Heat CS- Qty: 29. $27.80 per unit. The Spede-Heat™ CS is a high volume device with continuous burn and expels its payload in approximately 20-40 seconds. The payload is discharged through four gas ports on top of the canister, three on the side and one on the bottom. It is designed to be used outdoors.
DefTech 1092- Han-Ball CS – Qty: 10. $29.80 per unit. Designed specifically for outdoor use in crowd management situations, the Han-Ball is a high volume, fast burning device that expels its payload in 10 - 25 seconds. It is excellent for the rapid delivery of chemical agent or smoke in quickly changing tactical situations. Due to the quick discharge time, throwback potential is greatly reduced.
DefTech 1262- Ferrett 40mm CS Barricade Penetrating- Qty: 11. $19.65 per unit. The Ferret 40mm Round is non-burning and suitable for indoor use. It is designed to penetrate barriers, such as windows, hollow core doors, wallboard and thin plywood. Upon impacting the barrier, the nose cone ruptures and instantaneously delivers a small chemical payload inside of a structure or vehicle. In a tactical deployment situation, the 40mm Ferret is primarily used to dislodge barricaded subjects from confined areas. Its purpose is to minimize the risks to all parties through pain compliance, temporary discomfort and/or submission of potentially violent or dangerous subjects. DefTech 2262- Ferrett 40mm CS- Qty: 125. $19.65 per unit. The Ferret 40mm Round is non-burning and suitable for indoor use. It is designed to penetrate barriers, such as windows, hollow core doors, wallboard and thin plywood.
Upon impacting the barrier, the nose cone ruptures and instantaneously delivers a small chemical payload inside of a structure or vehicle. In a tactical deployment situation, the 40mm Ferret is primarily used to dislodge barricaded subjects from confined areas. Its purpose is to minimize the risks to all parties through pain compliance, temporary discomfort and/or submission of potentially violent or dangerous subjects.
CTS 5230B- CS Baffled Grenade- Qty: 22. $45.20 per unit. Pyrotechnic grenade designed for indoor use delivering a maximum amount of irritant smoke throughout multiple rooms with minimal risk of fire.
g. Purpose:
Chemical agents are a minimal force option to generate compliance and aid in the deescalation of high-risk incidents. Depending upon the delivery method, this equipment can be introduced in close proximity or from a distance. Based on the unique characteristics of each situation, trained/authorized officers will select the munition and deployment method which will be most effective and pose the least risk to all involved with the highest chance of success. Chemical agents can be used to saturate suspects, violent crowds, and/or areas of varied size, indoor and outdoor.
h. Authorized Use:
Used exclusively by CPD SWAT officers who have received specialized California POST-certified training in the use of chemical agents and as outlined within CPD Policy 45- SWAT and Negotiations Management and CPD Policy 39- Authorized Duty Firearms, Off Duty Firearms, and Accessory Equipment. Chemical agents can dislodge a suspect from a stronghold location with the least possible danger to community members, officers and the suspect. Chemical agents can also be used to prevent an armed suspect from accurately firing at community members and officers, and during limited situations of civil unrest. CPD SWAT officers that have been certified as Chemical Agent Instructors after attending a 40 hour POST/CATO Chemical Agent Instructor Course give a minimum of 10 hours of annual training to CPD SWAT officers. i. Expected Lifespan:
No shelf life limitations provided by the manufacturer. Dependent upon operational usage and wear.
j. Fiscal Impact:
No annual maintenance cost for chemical agents. Due to operational readiness and capabilities in support of first responder missions the periodic purchase of chemical agents may be required during the year. Any such purchase would be through existing CPD budget and/or grant/donation and in compliance with established City Purchasing rules.
13. Gas Launcher
a. Description, Quantity, Capabilities, and Purchase Cost:
CTS LC5 5 Series Launching Cup. Qty: 2. Cost $264.10 per unit. The launching cup attaches to any 12 gauge pump-action shotgun and allows the launch of any CTS 5200 series gas grenade.
CTS 2600 12 Gauge Launching Cartridge. Qty: 25. Cost $4.51 per unit. The 12 gauge launching cartridge is to be used with the 52 series launching cup. b. Purpose:
To launch 5200 series gas grenades from a distance allowing gas to be deployed during a high-risk incident, such as but not limited to a barricaded suspect situation or active shooter incident. This is a minimal force option to generate compliance and aid in the de-escalation of high-risk incidents.
c. Authorized Use:
Used exclusively by CPD SWAT officers who have received specialized California POST- certified training in the deployment of chemical agents and as outlined within CPD Policy 45- SWAT and Negotiations Management and CPD Policy 39- Authorized Duty Firearms, Off Duty Firearms, and Accessory Equipment.
d. Expected Lifespan:
Estimated to be 15 - 20 years, however dependent upon operational usage and wear. e. Fiscal Impact:
No annual maintenance cost for the gas launcher. Due to operational readiness and capabilities in support of first responder missions the periodic purchase of gas launchers may be required during the year. Any such purchase would be through existing CPD budget and/or grant/donation and in compliance with established City Purchasing rules.
14. PepperBall Launcher and Projectiles
a. Description, Quantity, Capabilities, and Purchase Cost:
PepperBall Live and LiveX contains pelargonic acid vanillyl amide (PAVA), also referred to as Nonivamide, a capsaicinoid found in chili peppers that creates an unpleasant burning sensation.
PepperBall VKS Launcher. Qty: 8. Cost $1300.00 per unit. The Variable Kinetic System (VKS) is a compressed-air powered launcher designed to fire non-lethal PepperBall projectiles. Operates from a HPA tank air source and must be regularly refilled prior to use.
PepperBall Inert Projectile – Qty: 500. Cost $0.80 per round. Containing a harmless, scented powder, this projectile is best suited for training, qualifications, and direct impact when chemical exposure is not desired.
Maximum effective range is 60 feet.
PepperBall Live Projectile – Qty: 500. Cost $2.58 per round. The basic PepperBall projectile contains 2% PAVA pepper powder, and is excellent for direct impact and area saturation, especially in confined, interior spaces.
Maximum effective range is 60 feet.
PepperBall Glass Break – Qty: 20. Cost $2.45 per round. A solid polymer projectile used for breaking out residential windows and side-glass of automobiles. Not for use on humans or animals. Maximum effective range 60 feet.
PepperBall VXR Inert – Qty: 20. Cost $3.10 per round. Containing a harmless, scented powder, this projectile is best suited for training, qualifications, and direct impact when chemical exposure is not desired. Maximum effective range is 150 feet.
PepperBall VXR LiveX – Qty: 200 – Cost $4 per round. A more concentrated formula, containing approximately 10x the PAVA pepper powder of the LIVE projectile. Excellent for direct impact or area saturation. Maximum effective range is 150 feet.
PepperBall PPC Launcher. Planned acquisition in 2022. Qty: 9. Cost of $800.00 per unit totaling $7200.00. The PPC is a compressed-air powered launcher designed to fire non-lethal PepperBall projectiles. Operates from a C02 cartridge which allows it to be stored in the back of a patrol vehicle for rapid deployment.
b. Purpose:
To provide officers with a non-lethal force option to engage non-compliant or actively aggressive persons or animals at a distance. It may be used as a kinetic impact weapon, with or without, PAVA pepper powder projectiles, or to dispense PAVA without impacting an individual or animal. Use of this non-lethal force option would be in compliance with CPD Policy 300- Use of Force. The department is currently undergoing training with this new equipment item.
c. Authorized Use:
CPD officers who have been trained by the manufacturer to be Department Instructors will lead CPD officers through the 4 hour training and certification process prior to use.
Any officer who has been trained and approved on the equipment may use the equipment when such use is supported by CPD Policy 300- Use of Force. Training on the equipment will be in accordance with CPD’s less-lethal yearly training calendar. d. Expected Lifespan:
Estimated to be 15 years for the launchers, 5 years for training projectiles and an estimated 3 years for non-training projectiles.
e. Fiscal Impact:
No anticipated annual maintenance cost for the launchers. Due to operational readiness and capabilities in support of first responder missions the periodic purchase of launchers and projectiles may be required during the year. Any such purchase would be through existing CPD budget and/or grant/donation and in compliance with established City Purchasing rules.
15. Kinetic Impact Launchers
a. Description, Quantity, Capabilities, and Purchase Cost:
Sage Ordnance Deuce 37mm launcher (two round capacity). Qty: 13. Cost per unit $800.00.
Sage Ordnance BML-37 37mm multi launcher (six round capacity). Qty: 8. Cost per unit $1500.00.
DefTech 1425 40mm launcher (one round capacity) with optic and flashlight attached. Qty: 2. Cost per unit $1500.00. CPD plans to purchase 14 additional launchers in 2022 with the estimated total cost of $21,000.00. DefTech 1440 40mm launcher (four round capacity) with optic and flashlight attached. Qty: 0. CPD plans to purchase 4 units in 2022 with the estimated total cost of $8800.00.
Penn Arms P540-1 40mm launcher (six round capacity) with optic and light attached. Qty: 1. Cost per unit $2000.00
Remington 870 12 gauge shotgun equipped with orange stock. Qty: 5. Used to launch DefTech 3027 Drag Stabilized Less-Lethal Bean Bag rounds. Cost per unit $300.00.
b. Purpose:
To launch 40mm direct impact less lethal munitions by CPD officers or to launch 40mm chemical agent rounds by certified CPD SWAT officers in compliance with CPD Policy 300- Use of Force, and/or CPD Policy 45- SWAT and Negotiations Management, and/or CPD Policy 39- Authorized Duty Firearms, Off Duty Firearms, and Accessory Equipment.
c. Authorized Use:
Officers who are properly trained and certified through CPD in-service training in compliance with California POST training standards (2 hours every 2 years), may use the 37mm or 40mm launcher to launch kinetic impact less lethal projectiles as a force option in accordance with CPD Policy 300- Use of force. Situations in which this equipment may be used include but are not limited to temporarily incapacitate or discourage an aggressive, armed, and/or non-compliant individual or animal at a Page 27 of 39 distance safer to the officer which provides the opportunity to de-escalate the situation and potentially avoid the use of lethal force.
CPD SWAT officers may use the launchers to launch either kinetic impact rounds or, if trained, launch chemical agents in accordance with CPD Policy 300- Use of Force, and/or CPD Policy 45- SWAT and Negotiations Management, and/or CPD Policy 39- Authorized Duty Firearms, Off Duty Firearms, and Accessory Equipment. d. Expected Lifespan:
Estimated to be 20 years for the DefTech launchers and unlimited for the Remington 870 Less Lethal impact weapons, both dependent upon operational usage and wear. e. Fiscal Impact:
No known recurring cost for launchers and an estimated $0.00 - $500.00 annual maintenance cost for the Remington 870 less lethal impact weapons. Due to operational readiness and capabilities in support of first responder missions the periodic purchase of launchers and projectiles may be required during the year. Any such purchase would be through existing CPD budget and/or grant/donation and in compliance with established City Purchasing rules.
16. Kinetic Impact Munitions
a. Description, Quantity, Capabilities, and Purchase Cost:
Less-lethal rubber and sponge batons are capable of assisting officers with overcoming resistance from violent persons and aiding in the de-escalation of high risk situations. 37mm Sage Ordinance K01 Direct Impact Rubber Baton. Qty: 250. Cost per unit $21.00.
40mm CTS 4557 Direct Impact Spin Stabilized Sponge Baton. Qty: 130. Cost per unit $25.00.
40mm DefTech 3625 Direct Impact Spin Stabilized Sponge Baton. Qty: 8. Cost per unit $25.00. In 2022, CPD plans to purchase an additional 250 sponge baton munitions with the estimated cost of $6250.00.
12 gauge DefTech 3027 Drag Stabilized Less-Lethal Bean Bag rounds. Qty: 50.
Cost per unit $5.
b. Purpose:
CPD is committed to reducing the potential for violent confrontations. Kinetic energy projectiles, when used properly, are less likely to result in death or serious physical injury and can be used in an attempt to de-escalate a potentially deadly situation.
Kinetic impact munitions may be used to compel an individual to cease his/her actions when such munitions present a reasonable option.
c. Authorized Use:
Officers who are properly trained may use the 37mm or 40mm launcher to launch kinetic impact less lethal projectiles as a use of force option and in accordance with CPD Policy 300- Use of Force.
d. Expected Lifespan:
No shelf life limitations provided by the manufacturer. Dependent upon operational usage and wear.
e. Fiscal Impact:
No known maintenance cost for the munitions. Due to operational readiness and capabilities in support of first responder missions the periodic purchase of launchers and projectiles may be required during the year. Any such purchase would be through existing CPD budget and/or grant/donation and in compliance with established City Purchasing rules.
17. Long Range Acoustic Device
a. Description, Quantity, Capabilities, and Purchase Cost:
Genasys LRAD-100X. Qty: 1. Cost per unit $15,000. The LRAD 100X is a selfcontained, hand portable loud hailer that is 20-30 decibels (dB) louder than most megaphones. It provides clear communication at up to 1000 meters, 136dB maximum continuous output at 1 meter, and the ability to overcome 88 dB of background noise at 250 meters.
b. Purpose:
The CPD Crisis Negations Team uses the LRAD to establish communication with individuals who may be barricaded or are otherwise unable to be reached with a conventional public address system. This equipment is also used during high-risk situations such as search warrants where communications and notifications to the occupants of a structure are paramount.
c. Authorized Use:
CPD Crisis Negotiations team members take part in monthly department training ranging between an estimated 60-120 hours per calendar year. The use of the LRAD is reserved for these team members and training on the use of the LRAD is led and managed internally by Team Supervisors. The use of the LRAD is approved in training and during high-risk situations where the use of the LRAD for communications and notifications is appropriate as determined by the high-risk incident being managed by the Tactical/Incident Commander and normally attached to SWAT Missions as outlined in CPD Policy 45- SWAT and Negotiations Management.
d. Expected Lifespan:
Estimated to be 20 years, however dependent upon operational usage and wear. e. Fiscal Impact:
There are no anticipated reoccurring costs associated with this equipment item. (END OF DRAFT REPORT)
California Assembly Bill 481:
Police Use of Military Equipment
Proposed Concord Police Policy and Report
KEVIN HALM, PROVISIONAL LIEUTENANT
APRIL 12, 2022
1
CALIFORNIA AB 481
• Public concern over the use of surplus military equipment by local police in recent years and other equipment viewed as being “militarized” or “military-oriented” led to legislation. • September 30, 2021 – Gov. Newsom signed eight police reform bills including AB 481 (California Government Code 7071 and 7072).
• The intent of the bill was to increase transparency, accountability, and oversight for acquisition and use of the equipment defined in the bill.
• Requires an annual report by every California law enforcement agency to summarize:
– Equipment inventory and usage
– Document internal audits
– Summarize community feedback
• Intent of the legislators to create a public forum for community input and engagement. 2
Military Equipment Defined by AB 481
• The term Military Equipment, as used in AB 481, in fact does not necessarily indicate that equipment came from, or has ever been used by, the United States Armed Forces or a foreign military.
• AB 481 defined several categories of equipment. If an item fits into one of the categories it is therefore considered Military Equipment according to the bill and AB 481 applies for its continued use.
• The Concord Police Department only currently has one item, its Armored Rescue Vehicle, which was obtained as military surplus from the California Office of Emergency Services 1033 Program in 2011. All other items in CPD’s inventory that fall into an AB 481 category were commercially purchased.
3
Concord PD Equipment Inventory
4
Why This Equipment Is Needed
Our Goal is to bring safe and peaceful resolution to critical incidents with minimal harm to the involved parties, including officers and the community.
Equipment included under AB 481 provides distance and time allowing officers to establish communication with the involved parties which in turn may give them time to de-escalate the situation.
It can provide a ballistic shield to rescue trapped or critically injured individuals involved in dangerous incidents.
Less and non-lethal tools included under AB 481 provides officers with non-lethal or lesslethal options to using lethal force. 5
Requirements of AB 481
AB 481 requires each law enforcement agency's governing body to adopt a written Military Equipment Use Policy by ordinance in a public forum in order to continue the use of previously acquired Military Equipment, and must commence this process by May 1, 2022.
To meet the requirements of the law, CPD has provided the following:
• CPD Draft Policy 706 (Attachment 1)
• Prepared an Annual Report (Attachment 2) to include the use of Military Equipment, any complaints received, any internal audits or other information about violations of CPD Policy 706, the cost of use and other similar information.
• Establish a concern or complaint process. CPD already has a means for the public to submit concerns or complaints through our Professional Standards Unit. • The proposed policy and report was posted on CPD’s website on March 10, 2022. • A virtual community meeting was held via Zoom on March 24, 2022. 6
Virtual Community Meeting Feedback
• The meeting notice was posted on March 10, 2022 on the City/PD website along with a link to the proposed policy and report.
• It was advertised via City website, social media and other news sources such as Claycord.com. • The meeting was held via Zoom on Thursday, March 24, 2022, at 6:00 pm, hosted by Sgt. Kyle Colvin, who is bilingual (Spanish-speaking) and myself. • 36 people attended.
• Staff contact information was provided.
• Video of the meeting was posted the following Monday, March 28, 2022, on the City/PD website. An e-mail was sent to every attendee with the link and a solicitation for any further questions or concerns.
7
Topics Raised During the Meeting by
Community Members
Concerns over the use of drones and robots
Concerns over public oversight
Concerns over use of Lexipol as a policy source
Desire for multi-language community engagement meetings Concerns over mutual aid
Wondering if drones could replace police pursuits
Wondering about changes in robot technology
Wondering if the policy/inventory could adapt to changes in technology as quickly as technology changes
8
Impact on the Concord Community
With City Council Approval:
• CPD will continue to have access to each of the resources currently available. In addition, the corresponding policies and procedures would remain in effect.
• Staff will be required to implement a tracking system for equipment used in preparation for the AB 481 Annual Report and will provide an annual update to the City Council every April.
Without City Council Approval:
• CPD will cease the use of equipment designated by AB 481 on April 30, 2022 • CPD will be required to redesign our policies, procedures and operations for critical incident response. • CPD will no longer be able to provide and receive mutual aid, including from bomb disposal • Community safety will be negatively impacted
9
Request for Council Action
Introduction of an uncodified Ordinance adopting and approving Concord Police Department Policy 706, Military Equipment Use Policy, in compliance with California Assembly Bill No. 481 (AB 481), by reading of the title only and waiving further reading. 10
Staff Report
Date: April 12, 2022
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Jasmin Loi, Director of Human Resources
Prepared by: Lisa M. Bartlow, Senior Human Resources Analyst [email protected]
(925) 671-3144
Subject: Considering:
(1) adoption of a Resolution of Intention to Approve an amendment to the contract between the Board of
Administration of the California Public Employees’ Retirement System and the City Council of the City of Concord to amend provisions pursuant to Government Code Section 205165
(Employees Sharing Additional Cost) for all classic members in the Concord Police Association and the Concord Police Association-Managers’ Representation Unit; and
(2) introduction of an ordinance approving an amendment to the contract between the Board of Administration of the California Public Employees’ Retirement System and the City Council of the City of Concord to amend provisions pursuant to Government Code Section 205165 (Employees Sharing
Additional Cost) for all classic members in the Concord Police Association and the Concord Police Association-Managers’ Representation Unit, by reading of the title only and waiving further reading.
Report in Brief
In 2020, City of Concord (“City”) staff worked with bargaining groups on concessions to address the anticipated budget shortfall. The City and the Concord Police Association (“CPA”) and the Concord Police Association-Managers’ Representation Unit (“CPAMRU”) agreed to amend Section A. Paragraph 14. Subparagraph h. – Section 20516
5.c
City Council Agenda Report
Agenda Item No. 5.c
April 12, 2022
(Employees Sharing Additional Cost) of the City’s contract with the California Public Employees’ Retirement System (“CalPERS”). The actions before Council today, specifically to adopt a Resolution of Intention and introduce the Ordinance by reading of the title only and waiving further reading, are the last actions necessary to implement the agreed to side letters.
Recommended Action
(1) Adopt a Resolution of Intention (Attachment 1); and (2) introduce the Ordinance (Attachment 2) by reading of the title only and waiving further reading.
Background
In 2020, the City held an election for employees who are CalPERS “Classic” members and are represented by the CPA or the CPA-MRU, regarding the proposed cost sharing and it was approved and ratified. In order to implement the agreement, staff prepared a side letter agreement with the CPA and the CPA-MRU for their represented employees who are CalPERS “Classic” members to contribute an additional 2% (11% total) toward their CalPERS pension costs effective the August 10, 2020 pay period; and contribute an additional 1% (12% total) toward their CalPERS pension costs, effective the first full pay period in July 2022.
On July 14, 2020, Council approved an Urgency Ordinance approving the side letters.
On August 4, 2020, the City implemented the necessary steps to amend its contract with CalPERS to include recommending Council adopt a Resolution of Intent to Amend a Contract Between the Board of Administration of the Public Employees’ Retirement System and introducing an Urgency Ordinance for the 2% additional employee contribution.
CalPERS now requires staff to bring the July 2022 additional 1% employee contribution contract amendment to Council for approval and a first reading of the associated Ordinance. CalPERS requires Council to adopt a Resolution of Intention at least 20 days prior to adopting an Ordinance approving the contract amendment. Further, no less than 20 days after Council adopts the Resolution of Intent, City staff will return to Council to have a second—and final—reading of the Ordinance (Exhibit A to Attachment 1) approving the contract amendment (Exhibit B to Attachment 1).
Analysis
This action implements the side letter agreements with the CPA and the CPA-MRU bargaining groups and is consistent with Council’s goal to continue to make progress on controlling pension costs.
Following the effective date of the amendment to the CalPERS contract, the pension cost sharing arrangement will begin on the first pay period in July 2022; specifically, employees who are CalPERS “Classic” members and are represented by the CPA or the CPA-MRU will contribute an additional 1% (12% total) toward their CalPERS
City Council Agenda Report
Agenda Item No. 5.c
April 12, 2022
pension costs. This is also the same amount contributed by the CPA and CPA-MRU bargaining unit members who are PEPRA employees.
Financial Impact
Staff estimates this pension cost sharing arrangement will result in an estimated cost savings of $1 million over three years.
Public Contact
The City Council Agenda was posted.
Attachments
1. Resolution of Intention with Exhibit A, Amendment to Contract
2. Ordinance Authorizing Amendment with Exhibit A, Amendment to Contract
Res. No. xx-xx 1
BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD
COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution of Intention to Approve an Amendment
to the Contract Between the Board of Administration
California Public Employees’ Retirement System and
the City Council of the City of Concord to Amend
Provisions Pursuant to Government Code Section
20516 (Employees Sharing Additional Cost) for All
Classic Members in the Concord Police Association
and the Concord Police Association-Managers’
Representation Unit
Resolution No. 22-XX
/
WHEREAS, the Public Employees’ Retirement Law permits the participation of public agencies and their employees in the Public Employees’ Retirement System by the execution of a contract, and sets forth the procedure by which said public agencies may elect to subject themselves and their employees to amendment to said Law; and
WHEREAS, one of the steps in the procedures to amend this contract is the adoption by the governing body of the public agency of a resolution giving notice of its intention to approve an amendment to said contract, which resolution shall contain a summary of the change proposed in said contract; and
WHEREAS, the following is a statement of the proposed change:
To provide Section 20516 (Employees Sharing Additional Cost) of 1% (12% total) in July 2022 for all Classic Members in the Concord Police Association and the Concord Police AssociationManagers’ Representation Unit, as set forth in Exhibit A.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CONCORD DOES RESOLVE AS FOLLOWS:
Section 1. The City Council of the City of Concord does hereby give notice of intention to approve an amendment to the contract between the City of Concord and the Board of Administration of the Public Employees’ Retirement System, a copy of said amendment being attached hereto as Exhibit A and by this reference made part hereof.
Section 2. This resolution shall become effective immediately upon its passage and adoption.
Attachment 1
Res. No. xx-xx 2
PASSED AND ADOPTED by the City Council of the City of Concord on April 12, 2022, by the following vote:
AYES: Councilmembers -
NOES: Councilmembers -
ABSTAIN: Councilmembers -
ABSENT: Councilmembers -
I HEREBY CERTIFY that the foregoing Resolution No. 22-## was duly and regularly adopted at a regular meeting of the City Council of the City of Concord on April 12, 2022.
Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:
Susanne Meyer Brown
City Attorney
Exhibit A: Amendment to Contract between the Board of Administration California Public Employees’ Retirement System and the City Council City of Concord
Exhibit A to Attachment 1
Ord. No. 22-XX 1
ORDINANCE NO. XX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CONCORD, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE
CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE
CITY COUNCIL OF THE CITY OF CONCORD TO AMEND PROVISIONS PURSUANT TO GOVERNMENT CODE SECTION 20516 (EMPLOYEES
SHARING ADDITIONAL COST) FOR ALL CLASSIC MEMBERS IN THE
CONCORD POLICE ASSOCIATION AND THE CONCORD POLICE
ASSOCIATION-MANAGERS’ REPRESENTATION UNIT
RECITALS
WHEREAS, due to ongoing economic difficulties, the City negotiated and approved revised cost-sharing agreements with the Concord Police Association (“POA”) and the Concord Police Association-Managers’ Representation Unit (“PMA”) whereby certain sworn classic police members will contribute additional sums toward the employer portion of their retirement as follows: To provide Section 20516 (Employees Sharing Additional Cost) of 1% (12% total) in July, 2022 for all Classic Members in the POA and PMA; and WHEREAS, to effectuate this cost-sharing agreement under the State of California Public Employee Retirement Law Section 20516, an amendment to the contract between the City Council of the City of Concord and the Board of Administration, California Public Employees’ Retirement System must be approved; and
WHEREAS, on July 14, 2020, the City Council of the City of Concord passed Resolution 20-4735.6 entitled “A Resolution of Intention to Approve an Amendment to Contract between the Board of Administration California Public Employees’ Retirement System and the City Council City of Concord to Amend Provisions Pursuant to Government Code Section 20516 (Employees Sharing Additional Cost) for all Classic Members in the Concord Police Association and the Concord Police Managers’ Association” by the following vote: AYES: D. Aliano, E.
Birsan, L. Hoffmeister, C. Obringer, T. McGallian; NOES; ABSTAIN: None; ABSENT: None.
WHEREAS, California Constitution, Article XI, Section 7, provides cities with the authority to enact ordinances to protect the public health, safety, and general welfare, of their citizens; and
Attachment 2
Ord. No. 22-XX 2
WHEREAS, this ordinance (“Ordinance”) is necessary to preserve the public peace, health or safety by implementing the said cost-sharing agreements and amending the contract between the City Council of the City of Concord and the Board of Administration, California Public Employees’ Retirement System and reducing the City’s pension costs. Furthermore, in order to comply with the negotiated agreement between the City, the POA, and the PMA, this Ordinance must be adopted to assure the timely and appropriate reporting of employee retirement contribution to employee accounts.
WHEREAS, the City Council has considered all information related to this matter, as presented at the public meetings of the City Council identified herein, including any supporting reports by City Staff, and any information provided during public meetings; and WHEREAS, the City Council, after giving all public notices required by State Law and the Concord Municipal Code, held a duly noticed public meeting on April 12, 2022; and WHEREAS, at such public meeting, the City Council considered all pertinent oral and written information, exhibits, testimony, and comments received during the public review process, including, without limitation, information received at the public hearing, the oral report from City staff, the written report from City staff dated April 12, 2022, this Ordinance, and all other information on which the City Council has based its decision (collectively, “Council Information”).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CONCORD DOES ORDAIN AS FOLLOWS:
Section 1. Recitals; Record of Proceedings. The City Council hereby finds and determines that the foregoing recitals are true and correct; the recitals are hereby incorporated by reference into each of the findings as though fully set forth therein. The recitals constitute findings in this matter, and together with the Council Information, serve as an adequate and appropriate evidentiary basis for the findings and actions set forth herein. The exhibits attached to this Resolution are incorporated herein by reference. The Council Information together with the public hearing record concerning this matter as set forth in the minutes of the City Council
Ord. No. 22-XX 3
meeting of April 12, 2022, and are incorporated by reference as though fully set forth herein, and constitute the record of proceedings. The record of proceedings is maintained in the offices of the City of Concord City Clerk, 1950 Parkside Drive MS/03, Concord, CA 94519.
Section 2. Approval. That an amendment to the contract between the City Council of the City of Concord and the Board of Administration, California Public Employees’ Retirement System is hereby authorized, a copy of said amendment being attached hereto, marked Exhibit A, and by such reference made a part hereof as though herein set out in full.
Section 3. Signature. The Mayor of the City of Concord is hereby authorized, empowered, and directed to execute said amendment for and on behalf of said Agency.
Section 4. Authority. This Ordinance is enacted pursuant to the City of Concord’s general police powers, Section 7 of Article XI of the California Constitution, and California Government Code Sections 8634 and 36934.
Section 5. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more section, subsection, sentence, clause, or phrase be declared invalid.
Section 6. This Ordinance No. 22-XX shall become effective thirty (30) days following its passage and adoption. In the event a summary of said Ordinance is published in lieu of the entire Ordinance, a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five (5) days prior to its adoption and within fifteen (15) days after its adoption, including the vote of the Councilmembers. Additionally, a summary prepared by the City Attorney’s Office shall be published once at least five (5) days prior to the date of adoption of this Ordinance and once within fifteen (15) days after its passage and adoption, including the vote of the Councilmembers, in the East Bay Times, a newspaper of general circulation in the City of Concord.
Ord. No. 22-XX 4
Dominic Aliano
Mayor
ATTEST:
Joelle Fockler, MMC
City Clerk
(Seal)
Ordinance No. 22-XX was duly and regularly introduced at a regular meeting of the City Council of the City of Concord held on April 12, 2022, and was thereafter duly and regularly passed and adopted at a regular meeting of the City Council of the City of Concord on May 3, 2022, by the following vote:
AYES: Councilmembers -
NOES: Councilmembers -
ABSTAIN: Councilmembers -
ABSENT: Councilmembers -
I HEREBY CERTIFY that the foregoing is a true and correct copy of an ordinance duly and regularly introduced, passed, and adopted by the City Council of the City of Concord, California.
Joelle Fockler, MMC
City Clerk
Exhibit A: Amendment to Contract between the Board of Administration California Public Employees’ Retirement System and the City Council City of Concord
Exhibit A to Attachment 2
CalPERS Contract Amendment
Request for Council Action:
1) Adopt a Resolution of Intention to Approve an Amendment to the Contract between the Board of Administration of the California Public Employees’ Retirement System and the City of Concord to Amend Provisions Pursuant to Government Code Section 20516 (Employees Sharing Additional Cost) for all Classic Members in the Concord Police Association and the Concord Police Association-Managers’ Representation Unit; and
2) Introduce an Ordinance approving the Amendment to the Contract by reading of the title only and waiving further reading.
NEXT STEP:
May 3, 2022, City Council Meeting – Adoption of Ordinance 1
April 1, 2022
Senator Dianne Feinstein
United States Senate
331 Hart Senate Office Building
Washington, D.C. 20510
The Honorable Alex Padilla
United States Senate
112 Hart Senate Office Building
Washington, DC 20510
RE: SUPPORT FOR CITY OF CONCORD’S COMMUNITY PROJECT FUNDING PROPOSAL – CITYWIDE LED STREETLIGHT CONVERSION
Dear Senators:
I write to you today to express my support of the City of Concord’s request for Community Project Funding to complete a Citywide Streetlight LED Retrofit project.
This important community project will bring immediate and long-term benefits to the city and the entire region by decreasing energy consumption and carbon emissions, maintenance costs, and improving the safety and walkability within the Concord community.
While not included in the project, new LED streetlight fixtures will be capable of serving as the future backbone for internet of everything (IoE) technology such as cameras and traffic monitoring devices. This type of technology provides direct benefit to disadvantaged communities because it also has the potential to decrease the digital divide.
Approximately 1/3 of the city’s streetlights have already been converted to LED. The City is requesting $1.5 million of Community Project Funding to replace the remaining 2/3 (approximately 5,600 light fixtures). The City of Concord will contribute a $1.0 million matching amount.
Community Project Funding will demonstrate investment in the community and help to stimulate economic growth. Finally, the project will follow American Medical Association (AMA) adopted guidance on selecting LED lighting options to minimize the harmful effects of high-intensity street lighting by using the lowest emission of blue light possible to reduce glare and protect the night sky.
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We ask that you seek Community Project Funding to support these improvements.
Sincerely,
Dominic Aliano, Mayor
City of Concord
cc: City Council
Valerie Barone, City Manager
Justin Ezell, Assistant City Manager
Joelle Fockler, City Clerk
Niccolo De Luca, Townsend Public Affairs
April 1, 2022
Senator Alex Padilla
112 Hart Senate Office Building
Washington, DC 20510
Subject: Letter of Local Support for Just Transition Economic Revitalization Plan Phase II Congressionally Directed Spending Request from Contra Costa County Dear Senator Padilla:
As Mayor of the City of Concord, California, it is my pleasure to send this letter indicating local support for the request in the amount of $500,000 from Contra Costa County for a Just Transition Economic Revitalization Plan Phase II.
Concord is adjacent to a large refinery, and we are on the forefront of an economic transition away from petroleum based refining taking place throughout California, the nation, and the world.
We also are home to many industrial businesses in the supply chain for the five refineries in the Bay Area. Planning for a safe, healthy, and equitable economic future is essential to my community’s ability to thrive in the 21st century and beyond. Should the County be awarded this funding for a pilot project growing out of a robust community process and comprehensive technical studies, Concord would be excited to partner as a major stakeholder in the effort and look forward to lasting benefits for our residents and our businesses.
Thank you for your consideration of this Congressionally Directed Spending Request.
Sincerely,
Mayor Dominic Aliano
cc: City Council
Valerie Barone, City Manager
Justin Ezell, Assistant City Manager
Joelle Fockler, City Clerk
Niccolo De Luca, Townsend Public Affairs
Amalia Cunningham, Department of Conservation & Development Contra Costa County
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April 1, 2022
Senator Dianne Feinstein
United States Senate
331 Hart Senate Office Building
Washington, D.C. 20510
The Honorable Alex Padilla
United States Senate
112 Hart Senate Office Building
Washington, DC 20510
RE: SUPPORT FOR CITY OF CONCORD’S COMMUNITY PROJECT FUNDING PROPOSAL – FIBER ALONG MONUMENT CORRIDOR
Dear Senators:
I write to you today to express my support of the City of Concord’s request for Community Project Funding in the amount of $1.5 million for the installation of fiber along the Monument Corridor in Concord. ). The City of Concord will contribute a $1 million matching amount.
The project consists of fiber deployment along Monument Boulevard from I-680 to Galindo Street. The corridor is located within the boundaries of an Equity Priority Communities (EPC) as defined by the Bay Area’s Metropolitan Transportation Commission. The Monument EPC includes a concentration of both minority and low-income households. A majority of the households in the Monument neighborhood do not own a car and are transit reliant. The Monument neighborhood is currently served by bus service and is within bicycle/pedestrian range of the Downtown Concord BART Station.
This project seeks to design and deploy a fiber corridor backbone to help connect residents, small businesses, schools, community facilities, transportation hubs and regional connections to broadband capabilities in the historically underserved Monument community.
Implementation of this long-awaited infrastructure improvement would promote digital equity, support digital inclusion strategies and provide greater opportunities for economic development, while simultaneously solving long-standing commuter congestion problems along the Monument Boulevard corridor.
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We ask that you seek Community Project Funding to support these improvements.
Sincerely,
Dominic Aliano, Mayor
City of Concord
cc: City Council
Valerie Barone, City Manager
Justin Ezell, Assistant City Manager
Joelle Fockler, City Clerk
Niccolo De Luca, Townsend Public Affairs
April 6, 2022
The Honorable Buffy Wicks
Chair, Assembly Housing and Community Development Committee 1020 N St. Room 156
Sacramento, CA 95814
RE: Assembly Bill 2547 (Nazarian) – Support from the City of Concord Dear Assembly Member Wicks,
The City of Concord is pleased to support AB 2547 (Nazarian), which would establish the Housing Stabilization to Prevent and End Homelessness Among Older Adults and People with Disabilities Program within the California Department of Aging.
Specifically, AB 2547 would authorize competitive grants to nonprofit community-based organizations, continuums of care, and public housing authorities to administer a housing subsidy program for older adults and individuals with a disability experiencing or at risk of homelessness. This is critical as older adults make up a significant portion of California's homeless population, in part because many live on fixed incomes while facing increasing rental cost burdens. Additionally, California has an estimated 11,000 people living in nursing homes simply because they have nowhere to live if discharged. By combining housing subsidies with supportive services, AB 2547 would help to prevent and reduce homelessness among these populations.
Concord’s legislative advocacy program supports efforts to prevent homelessness. AB 2547 does just that, enabling an estimated 25,000 older adults and individuals with
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disabilities to access or keep their housing annually. For these reasons, the City of Concord AB 2547 (Nazarian).
Sincerely,
Dominic Aliano, Mayor
City of Concord
CC: City Council
Valerie Barone, City Manager
Justin Ezell, Assistant City Manager
Joelle Fockler, City Clerk