Agenda packet — Concord City Council, May 3, 2022 (part 1 of 2)

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
Regular Meeting of the
Concord City Council/City
Council Sitting as the
Concord/Pleasant Hill
Health Care District
Tuesday,
May 3, 2022
6:30 p.m. - Open Session Council Chamber
1950 Parkside Drive
and various
telephonic/electronic
locations
NOTICE: Members of the City Council, City staff/consultants, and the public will be able to participate either in-person or remotely via Zoom.

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. Tonight’s meeting will be conducted both in-person and remotely via Zoom.

How to Watch the Meeting:
Watch on TV on Comcast Channel 28, Astound 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 Join the Zoom webinar by following THIS LINK
How to Submit Public Comments:

Please note that emailed comments will not be read aloud by staff. 2 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].
If you are commenting on a particular item on the agenda, please identify the agenda item number and letter.
If you are commenting on an item not listed on the agenda, please identify your comment as a General Public Comment.

To Participate in Public Comment During the Meeting:

Please note that emailed comments will no longer be read aloud by staff.

In-Person Comments: Blue Speaker Identification Cards are located near the Council Chamber entrance. Please complete a Speaker Card and give it to the City Clerk prior to the agenda item you wish to speak on and preferably prior to the Council meeting. When the Mayor opens a public comment period, the City Clerk will call speakers to provide comment in the order the Speaker Cards are received. Should you have any questions after consulting the Speaker Identification Card, please contact the City Clerk prior to the start of the Council meeting.

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/85708903329?pwd=bVlKWDRwWC9YWjIrWGVSK1JJaWM5Zz09 oWebinar ID: 857 0890 3329
oPasscode: 210871
oBy phone: US: +1 669 900 6833 or +1 346 348 7799 or 1 253 215 8782 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 called upon to speak, speakers will be promoted to panelists so they have the ability to turn on their cameras so they are visible to the Council and public.

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.
3 OPEN SESSION

1. OPENING
Roll Call
Pledge of Allegiance – Councilmember Obringer

2. PUBLIC COMMENT PERIOD
This is a 15-minute Public Comment Period for items within the City Council’s subject matter jurisdiction that are not on this agenda. Each speaker will be limited to approximately three minutes.

State law prohibits the City Council from acting at this meeting on any matter raised during the Public Comment Period. Please see “How to Submit Public Comments” above.

3. PRESENTATIONS
a. Presentation – to the City Clerk's Office staff declaring the week of May 1 - 7, 2022, as "Municipal Clerks' Week" in the City of Concord. Introduction by Mayor Aliano.

4. CITY COUNCIL/CONCORD-PLEASANT HILL HEALTH CARE DISTRICT (CPHHCD) CONSENT CALENDAR
The public is entitled to address the City Council/CPHHCD on items appearing on the Consent Calendar before or during the City Council’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 April 5, 2022, meeting.

Recommended by the City Clerk.
b. Considering – adoption of Ordinance No. 22-6, entitled "An Ordinance of the City Council of the City of Concord Adopting and Approving Concord Police Department Policy 706, Military Equipment Use Policy, in Compliance with California Assembly Bill No. 481." Ordinance No. 22-6 was introduced on April 12, 2022, by reading of the title only and waiving further reading.

Recommended by the City Clerk.

CEQA: Not a "project" under Public Resources Code Section 21065, Guidelines Sections 15060(c)(2) and/or 15378; in the alternative, is exempt under Guidelines Sections 16061(b)(3).

Note: This ordinance will be uncodified.
4 c. Considering – adoption of Ordinance No. 22-7 entitled, "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." Ordinance No. 22-7 was introduced on April 12, 2022, by reading of the title only and waiving further reading. Recommended by the City Clerk.

Note: This ordinance will be uncodified.
d. Considering – approval of a three-year Maintenance Services Agreement in the amount of $2,250,000 (average of $750,000 per fiscal year) with West Coast Arborists, Inc. to provide tree maintenance services; and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney. Recommended by the Director of Public Works.

CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(3), 15273, 14301, 15304.
e. Formally cancel – the March 2, 2020, award of a contract for the Centre Concord Foundation Stabilization Project (PJ 2481) in the amount of $236,706.80 to Engineered Soil Repairs, Inc. of Walnut Creek, reject all bids, and authorize staff to re-advertise the project. Recommended by the Director of Public Works.

CEQA: Exempt under Guidelines Sections 15301, 15302, 15303, 15304. and/or 15323.
f. Considering – acceptance of improvements for Diamond Blvd / Willow Pass Road Sewer Repair (Project No. 2554); directing the City Clerk to file a Notice of Completion.
g. Considering – adoption of a Resolution adopting a list of projects for Fiscal Year 2022-23 to be funded by SB 1: the Road Repair and Accountability Act of 2017) Recommended by the Director of Community Development.

CEQA: Not a “project” under CEQA Guidelines 15060(c)(2) and 15378; in the alternative, exempt pursuant to Section 15061(b)(3).
5 h. Considering – the award of a Construction Contract in the amount of $2,887,545 to Bay Pacific Pipelines Inc. for the Ellis Lake Area Sanitary Sewer Improvement Project [Project No. 2447] and authorizing Staff to utilize the available project contingency for contract change orders up to 20% of the contract amount; and authorizing the Mayor to execute the contract in a form acceptable to the City Attorney; and considering approval of a Professional Services Agreement with Dewberry Engineers Inc. in the not-to-exceed amount of $472,782 (base agreement of $429,801.95 plus staff authority to spend up to a 10% contingency of $42,980.05) for construction management, inspection, and materials testing services and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney (Sewer Capital Facility Replacement Fund) Recommended by the Director of Community Development.

CEQA: Not a project/exempt per CEQA Guidelines Sections 15060 (c), 15061 (b)(3), 15273, 15378, 15301, 15302, 15304, and/or Public Resources Code Section 21065.
i. Considering – approval of an Amended and Restated Solid Waste Franchise Agreement with Mount Diablo Resource Recovery in response to changes in the solid waste industry. Recommended by the Director of Public Works.

Concord-Pleasant Hill Health Care District Consent Calendar j. Considering the appointment of Niko Anagnostopoulos as a City of Concord representative to the John Muir Community Health Fund Board for a term ending December 31, 2025, due to an unscheduled vacancy created by the death of Dr. Michelle Hernandez.

5. CITY COUNCIL CONSIDERATION ITEM
The public is entitled to address the City Council on items appearing on the agenda before or during the City Council’s consideration of that item. Each speaker will be limited to approximately three minutes. Please see “How to Submit Public Comments” above. a. Considering – direction to staff and the applicant on Council’s willingness to consider an application for an amendment to the General Plan designation and zoning classification of a 0.86-acre site located at 1536, 1538, and 1540 Farm Bureau Road from Low Density Residential to Medium Density Residential, which would allow for a density range of 11 to 32 units per net acre, where the current allowed density range is 2.5 to 10 units per net acre..

Report by Michael Hart, Assistant Planner.

CEQA: Not a project pursuant to Public Resources Code Sections 21080(a), 21065, and/or CEQA Guidelines Section 15378.
6 6. 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 the following:
1) Providing direction on adopting a base rate for sanitation and refuse fees; and
2) Adoption of a Resolution to update the City’s Master Fees and Charges Schedule by amending Exhibit A to Resolution No. 78-6042 establishing fees and charges for various municipal services in the City of Concord. Report by Kylie Hicks, Budget Analyst.

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

7. CORRESPONDENCE
Correspondence received at the City Council meeting will be listed here on the Annotated Agenda. a. Letter to Senator Archuleta, Chairman, Committee on Military and Veterans Affairs re: SJR 15 - Port Chicago (Glazer) - April 26, 2022

8. REPORTS AND ANNOUNCEMENTS
Closed Session Announcements
City Manager or Staff Reports
Council Reports
a Considering the formation of a Council Ad Hoc Committee to develop recommendations for full Council review on the American Recovery Plan Act (ARPA) Investment Plan—specifically on spending categories, dollar allocations to spending categories, and process for allocating funds within each spending category; the Committee will exist until recommendations are made to the full Council or the end of calendar year 2022, whichever comes first. Report by Mayor Aliano.

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

9. ADJOURNMENT
7 Next Meeting: Regular Meeting
Date: 5/10/2022 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.
1 REGULAR MEETING OF THE

CONCORD CITY COUNCIL

CITY COUNCIL CHAMBER
1950 PARKSIDE DRIVE

CONCORD, CALIFORNIA AND

VARIOUS TELEPHONIC/ELECTRONIC

LOCATIONS
TUESDAY, APRIL 5, 2022
The Concord City Council met in a regular meeting In the Council Chamber located at 1950 Parkside Drive and via various telephonic/electronic locations at 6:30 p.m. on Tuesday, April 5, 2022, with Mayor Aliano presiding. The pledge of allegiance was led by Councilmember Birsan. Minutes follow in abbreviated form per Resolution 3361 and Council Minutes of September 26, 1966.

ROLL CALL

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

STAFF PRESENT VIA VARIOUS
ELECTRONIC LOCATIONS: Valerie Barone, City Manager; Susanne Brown, City Attorney; Justin Ezell, Assistant City Manager; Joelle Fockler, City Clerk; Greg Taylor, Director of Information Technology; Kevin Marstall, Director of Community Development; Mark Bustillos, Chief of Police

MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Laura Nakamura, Concord

PUBLIC COMMENT PERIOD
Mayor Aliano opened the public comment period, and upon receiving no public comment, closed the public comment period.

PRESENTATIONS

BUSINESS RECOGNITION AWARDS
Mayor Aliano introduced Economic Development Specialist Robert Carrera, who presented an overview of the program and introduced Melissa Rae, Director of Operations & Marketing, Greater Concord Chamber of Commerce, who presented Business Recognition Awards to Athens Administrators, Las Montañas Supermarkets, and Early Alert Canines.

Following questions from the City Council, Mayor Aliano opened a public comment period, and upon receiving no public comment, closed the public comment period.

CONCORD LIBRARY CHILDREN’S ROOM
Mayor Aliano introduced Senior Community Library Manager Kimberli Buckley who gave a presentation on the Concord Library Children’s Room.

Following questions from the City Council, Mayor Aliano opened a public comment period, and upon receiving no public comment, closed the public comment period.

4.a

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City Council Minutes April 5, 2022
The next agenda item, Agenda Item No. 5.a, was heard out of agenda order because it was 7 p.m. and the Redistricting Public Hearing was noticed to begin at 7 p.m.

CITY COUNCIL PUBLIC HEARING
REDISTRICTING PROCESS – PUBLIC HEARING NO. 5
ADOPTION OF ORDINANCE NO. 22-3 AMENDING CONCORD MUNICIPAL CODE CHAPTER 2.35 (ELECTIONS) AND RESOLUTION NO. 22-18 ESTABLISHING DISTRICT BOUNDARIES FOR “BY DISTRICT” CITY COUNCIL ELECTIONS
Assistant City Manager Justin Ezell presented the staff report, reviewing the redistricting process, public engagement the City conducted, the schedule of events, and submitted draft plans. He requested that the City Council hold public comment and receive input on the proposed final map, provide direction on any refinements to the proposed final map, adopt Ordinance No. 22-3 amending Concord Municipal Code Chapter 2.35 (Elections to establish districts by Resolution, and adopt Resolution No. 22-18 establishing district boundaries for “by district” City Council elections.

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

A motion was made by McGallian and seconded by Birsan to adopt Ordinance No. 22-3 entitled, “An Ordinance of the City of Concord Amending Concord Municipal Code Chapter 2.35 (Elections) to Permit the District Boundaries for ‘By District’ Elections to be Established by Resolution.” Ordinance No. 22-3 was introduced by reading of the title only and waiving further reading on March 1, 2022. The motion passed by unanimous vote of the Council.

A motion was made by Hoffmeister and seconded by Obringer to adopt Resolution No. 22-18 entitled, “A Resolution Establishing District Boundaries for ‘By District’ City Council Elections.” The motion passed by unanimous vote of the Council.

The Meeting Agenda order resumed.

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

APPROVAL OF MINUTES – March 1 and 8, 2022
A motion was made by Obringer and seconded by Hoffmeister to approve the minutes from the March 1 and 8, 2022, meetings. The motion passed by unanimous vote of the Council.

ADOPTION OF RESOLUTION NO. 22-4735.2 – Side Letter of Agreement with Teamsters Local 856 A motion was made by Obringer and seconded by Hoffmeister to adopt Resolution No. 22-4735.2 entitled, “A Resolution Approving and Ratifying a Side Letter of Agreement with the Teamsters Local 856 Amending Section 9.6 – Night Shift Premium Pay of the Memorandum of Understanding Executed by the Director of Human Resources in His/Her Capacity as the City Manager’s Designee.” The motion passed by unanimous vote of the Council.

APPROVAL OF AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT – Arisa Group, dba as Cendien Consulting, CC-5893
A motion was made by Obringer and seconded by Hoffmeister to approve an Amendment to the Professional Services Agreement, CCA-5893, with Arisa Group, dba as Cendien Consulting, for support and maintenance of the Lawson Enterprise Resource Planning software in the amount of $150,000, for a

Page 2 of 4 ends

City Council Minutes April 5, 2022
not to exceed amount of $375,000 (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.

The Meeting Agenda order resumed.

INTRODUCTION OF ORDINANCE NO. 22-4 – Electronic Filing of Campaign Finance Disclosure Statements
City Clerk Joelle Fockler presented the report, stating that the Council was being requested to introduce an Ordinance to require electronic filing of campaign finance disclosure statements by reading of the title only and waiving further reading. She explained that requiring electronic filing will not only assist staff, it will also assist candidates and committees and ensure a greater level of consistency and equity between candidate filings. Ms. Fockler noted that the City will be able to offer this program at no expense to filers.

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

Laura Nakamura, Concord, spoke in support of the software.

Mayor Aliano closed the public comment period.

A motion was made by Hoffmeister and seconded by Birsan to introduce Ordinance No. 22-4 entitled, “An Uncodified Ordinance of the City Council of the City of Concord Requiring Electronic Filing of Campaign Finance Disclosure Statements” by reading of the title only and waiving further reading. The motion passed by unanimous vote of the Council.

CORRESPONDENCE
a. Letter of Support to Assembly Member Garcia re: AB 1814 (Grayson) – March 18, 2022 b. Letter of to Senator Glazer and Assembly Member Grayson re: Community Support Letter for the 2022 State Budget Requests – March 18, 2022
c. Letter of Support to Senator Glazer re: Senate Bill 843 (Glazer) Renters Tax Credit – March 22, 2022
d. PowerPoint Presentation, Agenda Item No. 3.a – Business Recognition Awards e. PowerPoint Presentation, Agenda Item No. 3.b – Concord Library Children’s Room Refresh f. PowerPoint Presentation, Agenda Item No. 5.a – Redistricting

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

FORMATION OF A COUNCIL AD HOC COMMITTEE – Federal Legislative Efforts Mayor Aliano appointed himself and Councilmember McGallian to an Ad Hoc Committee to advise the City Manager on Federal legislative efforts for the remainder of calendar year 2022.

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

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City Council Minutes April 5, 2022

ADJOURNMENT
By order of the Mayor, the meeting was adjourned on March 22, 2022, at 7:33 p.m.

DOMINIC ALIANO
MAYOR

JOELLE FOCKLER, MMC

CITY CLERK

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Ord. No. 22-6 1
ORDINANCE NO. 22-6

AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

CONCORD ADOPTING AND APPROVING CONCORD POLICE
DEPARTMENT POLICY 706, MILITARY EQUIPMENT USE POLICY, IN COMPLIANCE WITH CALIFORNIA ASSEMBLY BILL NO. 481 (AB 481) THE CITY COUNCIL OF THE CITY OF CONCORD DOES ORDAIN AS FOLLOWS:

Section 1. CEQA. This ordinance is not a project under CEQA pursuant to Guidelines Section 15378(b)(5): Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment. If a project, then the ordinance is exempt from the provisions of the California Environmental Quality Act, (CEQA), under CEQA Guidelines § 15061(b)(3), in that it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. 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. The City Manager is directed to ensure that a notice of exemption is filed immediately with the County Clerk.

Section 2. Findings. The City Council of the City of Concord makes the following findings:

A. Assembly Bill 481 approved September 30, 2021 (codified as Chapter 12.8 of the California Government Code and commencing with section 7070) requires a local law enforcement agency, which would include the Concord Police Department, to have a military equipment use policy approved by the City Council prior to requesting, seeking funding for, acquiring, collaborating with other jurisdictions about the deployment of, or using military equipment.

B. The Concord Police Department Policy 706, “Military Equipment Use Policy” (the “Policy”) is attached as Exhibit A and incorporated into this Ordinance.

C. The Policy has been posted on the City’s website for at least 30 days starting on March 10, 2022.

4.b4.b

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Ord. No. 22-6 2
D. The City Council has conducted a public hearing during a regularly scheduled City Council meeting on April 12, 2022 and considered all written and verbal comments, as well as the report and presentation from staff.

E. The City Council has reviewed the Policy and finds that it meets the requirements of State law and is consistent with the City of Concord’s Mission, Vision, and Values and its Corporate Goals.

F. The City Council determines that:

1. The military equipment identified in the Policy is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

2. The proposed Policy attached as Exhibit A and identified will safeguard the public’s welfare, safety, civil rights, and civil liberties.

3. If purchasing the equipment identified in the Policy, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

4. Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

Section 3. Approval of the Policy. The City Council of the City of Concord approves and adopts the Concord Police Department Policy 706, “Military Equipment Use Policy”, attached and incorporated as Exhibit A into this Ordinance. In doing so, the City Council directs that:
a. Staff is authorized to request, seek funding for, acquire, collaborate with other jurisdictions about the deployment of, and use military equipment consistent with this Policy. b. The Policy shall be maintained on the Police Department’s website page. c. Annually, the Police Department shall hold a well-publicized and conveniently located community engagement meeting regarding the Police Department’s Policy and use of military equipment, pursuant to Cal. Government Code section 7072 (b).

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Ord. No. 22-6 3
d. Annually, the City Council shall review this Ordinance, the Policy and the annual military equipment report prepared by the Police Department pursuant to Cal. Government Code section 7072 and determine by resolution whether to continue the Ordinance and Policy or to modify such Policy or initiate the repeal of the Ordinance.
e. Annually, the City Council shall determine, based on the annual military equipment report submitted pursuant to Cal. Government Code section 7072, whether each type of military equipment identified in that report has complied with the standards for approval set forth in this Ordinance.

Section 4. Severability. If any sections, subsections, sentences, clauses, phrases or portions of this ordinance are for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this and each section, subsection, phrase or clause of this ordinance whether or not any one or more sections, subsections, phrases or clauses may be declared invalid or unconstitutional on their face or as applied.

Section 5. 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. //
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Ord. No. 22-6 4
Section 6. Codification. The ordinance shall not be codified in the Concord Municipal Code.

Dominic Aliano
Mayor
ATTEST:

Joelle Fockler, MMC
City Clerk
(Seal)
Ordinance No. 22-6 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
Attachment: Exhibit A, Concord Police Department Policy 706

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Copyright Lexipol, LLC 2022/01/14, All Rights
Reserved. Published with permission by Concord
Police Department
Military Equipment - 1
Policy
706
Concord Police Department
Policy Manual
Military Equipment Use Policy
706.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of Military Equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
706.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing Body – The elected or appointed body that oversees the Department.

Military Equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue service weapons. • Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.

Exhibit A

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Copyright Lexipol, LLC 2022/01/14, All Rights
Reserved. Published with permission by Concord
Police Department
Military Equipment - 2
Concord Police Department
Policy Manual
Military Equipment
706.2 POLICY
It is the policy of the Concord Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to Military Equipment. 706.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the Military Equipment coordinator. The responsibilities of the Military Equipment coordinator include but are not limited to:
(a) Acting as liaison to the Governing Body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as Military Equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all Military Equipment at least annually. (d) Collaborating with any allied agency that may use Military Equipment within the jurisdiction of Concord Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department’s funding, acquisition, and use of Military Equipment.
(f) Preparing the annual Military Equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of Military Equipment, and how the Department will respond in a timely manner.
706.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying Military Equipment for the Department:

See attachment: 706.4 Annual Military Equipment Report 706.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the Military Equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed Military Equipment policy is submitted to the governing body and is available on the department website at least 30 days prior

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Copyright Lexipol, LLC 2022/01/14, All Rights
Reserved. Published with permission by Concord
Police Department
Military Equipment - 3
Concord Police Department
Policy Manual
Military Equipment
to any public hearing concerning the Military Equipment at issue (Government Code § 7071). The Military Equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting Military Equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for Military Equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring Military Equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of Military Equipment within the jurisdiction of this department. (e) Using any new or existing Military Equipment for a purpose, in a manner, or by a person not previously approved by the Governing Body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of Military Equipment.
(g) Acquiring Military Equipment through any means not provided above. 706.6 COORDINATION WITH OTHER JURISDICTIONS
Military Equipment used by any member of this Department shall be approved for use and in accordance with this policy. Military Equipment used by other jurisdictions that are providing mutual aid to this Department, or are operating in conjunction in a law enforcement capacity with this Department, should comply with their respective Military Equipment use policies. 706.7 ANNUAL REPORT
Upon approval of a Military Equipment policy, the Chief of Police or the authorized designee shall submit a Military Equipment report to the Governing Body for each type of Military Equipment approved within one year of approval, and annually thereafter for as long as the Military Equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee shall also make each annual Military Equipment report publicly available on the department website for as long as the Military Equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of Military Equipment in department inventory. 706.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which

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Copyright Lexipol, LLC 2022/01/14, All Rights
Reserved. Published with permission by Concord
Police Department
Military Equipment - 4
Concord Police Department
Policy Manual
Military Equipment
the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of Military Equipment.
706.9 COMMUNITY CONCERN AND COMPLAINT PROCEDURE
The Chief of Police, or his/her designee, will ensure that all Concord Police Department members comply with this policy. Any person may register complaints or concerns regarding this Policy or submit a question regarding this Policy using the Citizen Report Procedure and Form available on the Concord Police Department website (www.cityofconcord.org/police).

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Ord. No. 22-7 1
ORDINANCE NO. 22-7

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

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Ord. No. 22-7 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

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Ord. No. 22-7 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. 22-7 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.

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Ord. No. 22-7 4
Dominic Aliano
Mayor
ATTEST:

Joelle Fockler, MMC
City Clerk
(Seal)
Ordinance No. 22-7 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:

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

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Exhibit A

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Staff Report
Date: May 3, 2022
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: William Tarbox, Director of Public Works
Prepared by: Eugene Loew, Parks Manager
[email protected]
(925) 671-3385
Subject: Considering approval of a three-year Maintenance Services Agreement in the amount of $2,250,000 (average of $750,000 per fiscal year) with West Coast Arborists, Inc. to provide tree maintenance services; and authorizing the City Manager to execute the agreement in a form acceptable to the City
Attorney.

CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(3), 15273, 14301, 15304.

Report in Brief
The proposed Maintenance Services Agreement will authorize West Coast Arborists, Inc. to continue providing professional tree maintenance services for tree trimming and removal, inventory and other arborist services, including on-demand and scheduled tree maintenance services as priced in Exhibit A to Attachment 1 (The City of Concord will be using the unit prices for these services, they will not be bound by the totals given to the City of Sacramento) to the City for a period of three years.

Recommended Action
Approval of a three-year Maintenance Services Agreement in the amount of $2,250,000 (average of $750,000 per fiscal year) with West Coast Arborists, Inc. to provide tree maintenance services; and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney.

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City Council Agenda Report
Agenda Item No. 4.d
April 5, 2022
Background
In 2021, the City of Sacramento issued a formal Request for Proposals for tree trimming and removal, inventory and other arborist services. West Coast Arborists fully met the criteria and qualifications for the project and was awarded a three-year service agreement. The City of Concord’s purchasing process allows Concord to buy directly from a vendor at a price established by a competitive bid by another public jurisdiction, in this case Sacramento. For the past twelve years the City of Concord has been utilizing services provided by West Coast Arborists, including on-demand and scheduled tree maintenance services as priced in Exhibit A to Attachment 1 (The City of Concord will be using the unit prices for these services, they will not be bound by the totals given to the City of Sacramento); Staff has been very satisfied with their performance and proposes continuing to contract with West Coast Arborists for the next three years to continue to provide these services.

Procurement Process
Section 3.10.080 of the Concord Municipal Code defines the process for waiving bidding regulations. Under this section, the City’s Purchasing Officer (or designee) can join with other public jurisdictions in cooperative purchasing plans. The Purchasing Officer or designee may also buy directly from a vendor at a price established by a competitive bid by another public jurisdiction, even if the City had not joined with that public agency in a cooperative purchase. That is the process the City followed in connection with the current procurement.

West Coast Arborists proposed to provide the City with tree maintenance services under a cooperative purchase agreement through the City of Sacramento. Under the proposal, West Coast Arborists has agreed to provide the same unit prices, terms and conditions as those provided to the City of Sacramento. The proposed agreement with West Coast Arborists is included as Attachment 1.

Financial Impact
The Public Works Department operating budget includes annual allocations for the contractual tree maintenance work.

Environmental Determination
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, award of this contract is exempt under CEQA Guidelines Sections 15301 – Existing Facilities, and 15304 – Minor Alterations to Land, as it involves landscaping maintenance. 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.

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City Council Agenda Report
Agenda Item No. 4.d
April 5, 2022
Public Contact
The City Council Agenda was posted.

Attachment

1. Maintenance Services Agreement with West Coast Arborists with Exhibit A, Pricing Schedule

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MAINTENANCE SERVICES AGREEMENT
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THIS AGREEMENT (“Agreement”) is entered into on July 1, 2022 between the City of Concord, a California municipal corporation (“CITY”) and West Coast Arborist, Inc, a California Corporation, 2200 E. Via Burton Street, Anaheim, CA 92806 (“CONTRACTOR”).

THE PARTIES ENTER THIS AGREEMENT based upon the following facts, understandings and intentions:

The CITY desires to contract with CONTRACTOR to provide the services described in Section 2 of this Agreement, upon the terms and conditions hereinafter set forth.

NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and promises of the parties herein contained, the parties hereto agree as follows:

1. TERM. This Agreement shall commence on July 1, 2022 and expire on June 30, 2025.

2. SCOPE OF SERVICES. Subject to such policy direction and approvals provided by the CITY’s authorized representative, CONTRACTOR shall perform the services described in detail in Exhibit A, “Scope of Services.” CITY retains all rights of approval and discretion with respect to the projects and undertakings contemplated by this Agreement.

3. PAYMENT.

A. Co mpe nsation. The compensation to be paid to CONTRACTOR including payment for services and reimbursable expenses, shall be at the rate and schedules described in detail in Exhibit A . However, shall in no event shall the amount CITY pays CONTRACTOR exceed Two Million Two Hundred and Fifty Thousand dollars ($2,250,000). Any increase to this compensation amount must be mutually agreed to in writing pursuant to Section 5 below, and may require City Council approval.

CONTRACTOR may submit monthly statements for services rendered; all statements shall include adequate documentation demonstrating work performed during the billing period. It is Attachment 1

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intended that CITY review such statement and pay CONTRACTOR for services rendered within 30 days of receipt of a statement that meets all requirements of this Agreement. Payment by CITY shall not be deemed a waiver of unsatisfactory work, even if such defects were known to the CITY at the time of payment.

Where the CITY is not the final authority over the work product (or applicable portion thereof), the CITY reserves the right to withhold 10% of the compensation amount under this Agreement, until such time as: (i) the final authority or agency provides comments regarding the work product (or applicable portion thereof), and these are satisfactorily incorporated into the work product (or applicable portion thereof); OR (ii) approval is granted for the work product (or applicable portion thereof) by the final approving authority/agency.

B. Prevailing Wages . The services to be provided hereunder are subject to prevailing wage rate payment as set forth in California Labor Code Section 1771. Accordingly, CONTRACTOR shall comply with all California Labor Code requirements pertaining to "public works," including the payment of prevailing wages in connection with the services to be provided hereunder (collectively, “Prevailing Wage Policies”). CONTRACTOR shall submit, upon request by the CITY, certified copies of payroll records to CITY and shall maintain and make such records available to CITY for inspection and copying during regular business hours at a location within the City of Concord.

CONTRACTOR shall defend, indemnify and hold harmless CITY and its officers, officials, agents, employees and volunteers (collectively, "Indemnitees") from and against any and all present and future liabilities, obligations, orders, claims, damages, fines, penalties and expenses (including attorneys' fees and costs) (collectively, "Claims"), arising out of or in any way connected with CONTRACTOR's obligation to comply with all laws with respect to the work of improvements or P revailing Wage P olicies, including all Claims that may be made by contractors, subcontractors or other third party claimants pursuant to Labor Code sections 1726 and 1781, as amended and added by Senate Bill 966.

CONTRACTOR hereby waives, releases and discharges forever the Indemnitees from any and all present and future Claims arising out of or in any way connected with CONTRACTOR's obligation

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to comply with all laws with respect to the work of improvements and Prevailing Wage Policies.

CONTRACTOR is aware of and familiar with the provisions of California Civil Code Section 1542 which provides as follows:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” As such relates to this Section 3.B, CONTRACTOR hereby waives and relinquishes all rights and benefits which it may have under California Civil Code Section 1542. The obligations of CONTRACTOR under this Section 3.B shall survive the termination of this Agreement.

4. AUTHORIZED REPRESENTATIVES. Authorized representatives shall represent CITY and CONTRACTOR in all matters pertaining to the services to be ordered by CITY or rendered by CONTRACTOR under this Agreement except where approval for the CITY is specifically required by the CITY Council. The CITY’s authorized representative is Eugene Loew, Parks Manager of the Public Works Department. The CONTRACTOR’s authorized representative is Patrick Mahoney, President, West Coast Arborists, Inc.

5. AMENDMENT TO AGREEMENT. This Agreement may be amended or modified only by a writing duly executed by authorized representatives of both parties, and made and approved in compliance with the CITY’s Municipal Code.

A. Amendment to Scope of Services. If CITY requests services other than as described in the Scope of Services, the amendment shall set forth the changes to the Scope of Services, any change in the performance time schedule, and any change in the compensation described in Section 3, above.

B. Amendment for Additional Compensation. CITY’s Authorized Representative is authorized to execute amendments to the Agreement on behalf of CITY, including amendments providing for additional compensation to CONSULTANT not to exceed the Minimum Threshold, including the base contract amount, throughout the term of this Agreement. “Minimum Threshold” means the dollar amount over which Council approval is required during each fiscal year as set forth in Concord City Council Resolution 21-43 pursuant to Concord Municipal Code Section

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3.10.040(a). The Minimum Threshold for Fiscal Year 2021-22 is $75,000 and increases by $5,000 each subsequent fiscal year such that by Fiscal Year 2026-27 the Minimum Threshold is $100,000.

Any additional compensation to CONSULTANT that is greater than the Minimum Threshold, including the base contract amount, must be approved by City Council.

C. Waive r. CONTRACTOR’s failure to secure CITY’s written authorization for additional compensation or changes to the Scope of Services shall constitute a waiver of any and all right to adjustment in the price or time due, whether by way of compensation, restitution, quantum meruit, or similar relief.

6. INDEPENDENT CONTRACTOR. Both parties understand and acknowledge that CONTRACTOR, its officers, agents, employees, consultants, subconsultants, experts, contractors and subcontractors are and shall at all times remain as to the CITY wholly independent contractors.

Neither the CITY nor any of its officers, officials, agents, employees or volunteers shall have any control over the manner by which CONTRACTOR performs this Agreement and shall only dictate the results of the performance. CONTRACTOR shall not represent that CONTRACTOR or its officers, agents, employees, consultants, subconsultants, experts, contractors or subcontractors are agents or employees of the CITY, and CONTRACTOR shall have no authority, express or implied, to act on behalf of the CITY in any capacity whatsoever as an agent, and shall have no authority, express or implied, to bind the CITY to any obligation whatsoever, unless otherwise provided in this Agreement.

As an independent contractor, CONTRACTOR shall not be eligible for any benefits, which the CITY may provide to its employees and all persons, if any, hired by CONTRACTOR shall be employees or subcontractors of CONTRACTOR and shall not be construed as employees or agents of the CITY in any respect. CONTRACTOR shall receive no premium or enhanced pay for work normally understood as overtime, e.g., hours that exceed forty (40) hours per work week, or work performed during non-standard business hours, such as in the evenings or on weekends.

CONTRACTOR shall not receive a premium or enhanced pay for work performed on a recognized holiday. CONTRACTOR shall not receive paid time off for days not worked, whether it be in the form of sick leave, administrative leave, or for any other form of absence. CONTRACTOR shall pay all taxes, assessments and premiums under the federal Social Security Act, any applicable

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unemployment insurance contributions, Workers Compensation insurance premiums, sales taxes, use taxes, personal property taxes, or other taxes or assessments now or hereafter in effect and payable by reason of or in connection with the services to be performed by CONTRACTOR.

7. STANDARD OF PERFORMANCE . CONTRACTOR represents and warrants to CITY that CONTRACTOR is skilled and able to provide such services described in the Scope of Services and that such services shall be performed in an expeditious manner, and with the degree of skill and care that is required by current, good, and sound procedures and practices. CONTRACTOR further agrees that the services shall be in conformance with generally accepted professional standards prevailing at the time work is performed.

8. PERFORMANCE BY CONTRACTOR. CONTRACTOR shall not delegate its duties to, or employ, others (including consultants, subconsultants, experts, contractors, or subcontractors) without the prior written approval of the CITY. Notwithstanding the foregoing, CITY shall not be obligated or liable for payment hereunder to any party other than CONTRACTOR.

CONTRACTOR hereby designates CONTRACTOR’S representative as the person primarily responsible for the day-to-day performance of CONTRACTOR'S work under this Agreement.

CONTRACTOR shall not change CONTRACTOR’S representative without the prior written consent of the CITY. Unless otherwise expressly agreed by the CITY, CONTRACTOR'S representative shall remain responsible for the quality and timeliness of performance of the services, notwithstanding any permitted or approved delegation hereunder.

9. OWNERSHIP AND MAINTENANCE OF DOCUMENTS . “Work M aterials” means any and all finished and unfinished plans, specifications, maps, estimates, manuscripts, drawings, descriptions, reports, other written, recorded, photographic, visual materials, documents, data, deliverables, and other work products prepared or furnished by or for CONTRACTOR pursuant to this Agreement. CONTRACTOR shall deliver copies of all Work Materials to CITY u pon project completion or other termination of this Agreement (see Section 16 below). The CITY reserves the right to specify t he file format that electronic Work Materials are presented to the CITY. CITY shall not have access to, control of, or actual or constructive possession of, the Work Materials prior to project completion or Agreement expiration or termination.

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Work Materials are instruments of CONTRACTOR’s services in respect to this project, and are not intended nor are represented to be suitable for reuse by others except CITY on extensions of this project or on any other project. Any reuse without specific written verification and adoption by CONTRACTOR for the specific purposes intended will be at user’s sole risk and without liability or legal exposure and expenses to CONTRACTOR, including attorney’s fees arising out of such unauthorized reuse.

Notwithstanding the foregoing, basic survey notes and sketches, charts, computations, and other data prepared or obtained under this Agreement shall have no restriction or limitations on their use.

CONTRACTOR shall not disclose or discuss any Work Materials or other information gathered, discussed or generated in any way through this Agreement without the written permission of CITY , unless required by law.

10. INDEMNIFICATION.

A. For Construction Services Only. CONTRACTOR agrees to and shall defend (with independent counsel approved by the CITY), indemnify and hold harmless the CITY, its officers, officials, agents, employees and volunteers from and against any and all claims, demands , actions, losses, damages, injuries, and liability (including all attorney’s fees and other litigation expenses) that may at any time arise or be set up because of damages to property, or of personal injury received by reason of or in the course of performing work, which may be occasioned by any willful or negligent act or omission of the CONTRACTOR, any of the CONTRACTOR’s employees, or any subcontractor.

B. For All Other Services. The following obligations are in addition to those imposed by applicable provisions of the Concord Municipal Code. CONTRACTOR agrees to and shall defend (with independent counsel approved by the CITY), indemnify and hold harmless the CITY, its officers, officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damages, injuries, and liability (including all attorney’s fees and other litiga tion expenses) arising out of or connected in any way with CONTRACTOR’s performance, non- performance, breach, or default, or any s ubconsultant’s, expert’s, contractor’s, or subcontractor’s performance, non-performance, breach, or default, under the terms of this Agreement. This

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indemnification obligation on CONTRACTOR’S part shall not apply to demands, actions, losses, damages, injuries, and liability arising out of sole negligence or willful misconduct on the part of CITY. This Section 10 shall survive expiration or other termination of this Agreement.

11. INSURANCE. CONTRACTOR shall, at its own expense, procure and maintain in full force at all times during the term of this Agreement the following insurance:

A. Comme rcial Ge ne ral Liability Cove rage. CONTRACTOR shall maintain commercial general liability insurance with limits of no less than one million dollars ($1,000,000) combined single limit per occurrence or two million dollars ($2,000,000) aggregate limit for bodily injury, personal injury, and property damage.

B. Automobile Liability Coverage . CONTRACTOR shall maintain automobile liability insurance covering all vehicles used in the performance of this Agreement providing a one million dollar ($1,000,000) combined single limit per occurrence for bodily injury, personal injury, and property damage.

C. Compliance with State Worke rs’ Compensation Requirements.

CONTRACTOR covenants that it will insure itself against liabilit y for Workers’ Compensation pursuant to the provisions of California Labor Code §3700, et seq. CONTRACTOR shall, at all times, upon demand of the CITY, furnish proof that Workers’ Compensation Insurance is being maintained by it in force and effect in accordance with the California Labor Code. The insurer shall also agree to waive all rights of subrogation against the CITY, its officers, officials, agents, employees and volunteers for losses arising from work performed by CONTRACTOR for CITY. This provision shall not apply upon written verification by CONTRACTOR that CONTRACTOR has no employees.

D. Other Insurance Provisions . The policies are to contain, or be endorsed to contain the following provisions:
(1) Additional Insured. CITY, its officers, officials, agents, employees and volunteers are to be covered as an additional insured as respects: Liability arising out of activities performed by or on behalf of CONTRACTOR and operations of CONTRACTOR, premises owned, occupied, or used by CONTRACTOR. The coverage shall contain no special limitations on the scope or protection afforded to CITY, its officers, officials, agents, employees or

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volunteers. Except for worker’s compensation insurance, the policies mentioned in this subsection shall name CITY as an additional insured and provide for notice of cancellation to CITY.

CONTRACTOR shall also provide timely and prompt notice to CITY if CONTRACTOR receives any notice of cancellation or nonrenewal from its insurer. (2) Primary Cove rage . CONTRACTOR's insurance coverage shall be primary insurance with respect to CITY, its officers, officials, agents, employees and volunteers. Any insurance, risk pooling arrangement, or self-insurance maintained by CITY, its officers, officials, agents, employees or volunteers shall be in excess of CONTRACTOR's insurance and shall not contribute with it.
(3) Reporting Provisions. Any failure to comply with the reporting provisions of the policy shall not affect the coverage provided to the CITY, its officers, officials, agents, employees or volunteers.
(4) Verification of Coverage. CONTRACTOR shall furnish CITY with certificates of insurance and the original endorsements effecting coverage required by this Agreement.

Such policies and certificates shall be in a form approved by the City Attorney. CITY reserves the right to require complete certified copies of all required insurance policies at any time.

12. TIME OF PERFORMANCE. The time of performance of the services under this Agreement is of the essence, and all time deadlines identified in this Agreement or Scope of Services shall be strictly construed.

13. SUSPENSION OF WORK. CITY may, at any time, by ten (10) days’ written notice, suspend further performance by CONTRACTOR. All suspensions shall extend the time schedule for performance in a mutually satisfactory manner, and CONTRACTOR shall be paid for services performed and reimbursable expenses incurred prior to the suspension date. During the period of suspension, CONTRACTOR shall not receive any payment for services, or expenses, except for

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reasonable administration expenses, incurred by CONTRACTOR by reason of such suspension.

14. TERMINATION. CITY may terminate this Agreement for any reason upon ten (10) days written notice to the other party. CITY may terminate this Agreement upon five (5) days written notice if CONTRACTOR breaches this Agreement. In the event of any termination, CONTRACTOR shall promptly deliver to the CITY any and all Work Materials prepared for the CITY prior to the effective date of such termination, all of which shall become CITY’s sole property. After receipt of the Work Materials, CITY will pay CONTRACTOR for the services which the CITY determines were satisfactorily performed as of the effective date of the termination.

15. COMPLIANCE WITH CIVIL RIGHTS. During the performance of this contract, CONTRACTOR agrees as follows:

A. Equal Employment Opportunity. In connection with the execution of this Agreement, CONTRACTOR shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, or national origin. Such actions shall include, but not be limited to, the following: employment, promotion, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection for training including apprenticeship.

B. Nondiscrimination Civil Rights Act of 1964. CONTRACTOR will comply with all federal regulations relative to nondiscrimination in federally assisted programs.

C. Solicitations for Subcontractors including Procurement of Materials and Equipment. In all solicitation, either by competitive bidding or negotiations, made by CONTRACTOR for work to be performed under a subcontract including procurement of materials or leases of equipment, each potential subcontractor, supplier or lessor shall be notified by CONTRACTOR of CONTRACTOR’S obligation under this Agreement and the regulations relative to nondiscrimination on the grounds of race, religion, color, sex, or national origin.

16. CONFLICT OF INTEREST.

A. CONTRACTOR covenants and represents that neither it, nor any officer or principal of its firm, has, or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of CITY or which would in any way hinder CONTRACTOR’s

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performance of services under this Agreement. CONTRACTOR further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the CITY.

CONTRACTOR agrees to at all times avoid conflicts of interest, or the appearance of any conflicts of interest, with the interests of the CITY in the performance of this Agreement.

B. CONTRACTOR is not a designated employee within the meaning of the Political Reform Act because CONTRACTOR:
(1) Will conduct research and arrive at conclusions with respect to its rendition of information, advice, recommendation or counsel independent of the control and direction of the CITY or of any CITY official, other than normal contract monitoring; and (2) Possesses no authority with respect to any CITY decision beyond the rendition of information, advice, recommendation or counsel. (2 Cal. Code Regs. § 18700(a)(2).)

17. COMPLIANCE WITH LAWS. CONTRACTOR shall comply with all applicable Federal, State of California, and local laws, rules, and regulations and shall obtain all applicable licenses, including a business license with the CITY, and permits for the conduct of its business and the performance of the services. CONSULTANT shall ensure that all of its officers, employees, agents, and subcontractors who: (i) enter CITY premises in connection with the services to be performed by CONSULTANT hereunder, and/or (ii) have in-person contact with CITY officers, officials, employees, subcontractors, agents, and volunteers, and/or members of the public in connection with the services to be performed by CONSULTANT hereunder, comply with all applicable Federal, State of California, Contra Costa County, and local laws, rules, and regulations, whichever is the most restrictive, regarding COVID-19 or similar public health matters, including regarding vaccinations, testing, reporting, social distancing, social gathering, mask wearing, and associated requirements.

18. CHOICE OF LAW. This Agreement shall be construed and interpreted in accordance with the laws of the State of California, excluding any choice of law rules which may direct the application of the laws of another jurisdiction. In the event that suit shall be brought by either party hereunder, the parties agree that trial of such action shall be held exclusively in a state court in the

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County of Contra Costa, California.

19. NON-WAIVER. The waiver by either party of any breach of any term, covenant, or condition contained in this Agreement, or any default in their performance of any obligations under this Agreement shall not be deemed to be a waiver of any other breach or default of the same or any other term, covenant, condition, or obligation, nor shall any waiver of any incident of breach of default constitute a continuing waiver of same.

20. ENFORCEABILITY; INTERPRETATION. In the event that any of the provisions or portions of application of any of the provisions of this Agreement are held to be illegal or invalid by a court of competent jurisdiction, CITY and CONTRACTOR shall negotiate an equitable adjustment in the provisions of this Agreement with a view toward affecting the purpose of this Agreement. The illegality or invalidity of any of the provisions or portions of application of any of the provisions of this Agreement shall not affect the legality or enforceability of the remaining provisions or portions of application of any of the provisions of this Agreement. This Agreement shall be interpreted as though it was a product of a joint drafting effort and no provisions shall be interpreted against a party on the ground that said party was solely or primarily responsible for drafting the language to be interpreted. The words “include” and “including” shall be interpreted as though followed by the words “without limitation.”

21. INTEGRATION. The recitals and any exhibits attached to this Agreement are incorporated by reference as though fully restated herein. This Agreement contains the entire agreement and understanding between the parties as to the subject matter of this Agreement. It merges and supersedes all prior or contemporaneous agreements, commitments, representation, writings, and discussions between CONTRACTOR and CITY, whether oral or written. In the event of any conflict or other inconsistency between the provisions of this Agreement (disregarding any exhibits) on the one hand, and any exhibits hereto (including any Request for Bids, Request for Proposal, or similar documents, responses to the same, terms and conditions, sample agreements, sample purchase orders, or other attachments thereto) or any purchase order issued in connection with this Agreement, on the other hand, the provisions of this Agreement (disregarding any exhibits) shall control.

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22. SUCCESSORS AND ASSIGNS: NO THIRD PARTY BENEFICIARIES; NO JOINT VENTURE. CITY and CONTRACTOR respectively, bind themselves, their successors, assigns, and legal representatives to the terms and obligations of this Agreement. CONTRACTOR shall not assign or transfer any interest in this Agreement without the CITY’s prior written consent, which consent shall be in the CITY’s sole discretion. Any attempted assignment or transfer in breach of this provision shall be void. This Agreement is not intended and shall not be construed to create any third party benefit. This Agreement is not intended and shall not be construed to create a joint venture or partnership between the parties. CONTRACTOR, its officers, employees and agents shall not have any power to bind or commit the CITY to any decision.

23. FINANCIAL RECORDS. Records of CONTRACTOR’s direct labor costs, payroll costs, and reimbursable expenses pertaining to this project covered by this Agreement will be kept on a generally recognized accounting basis and made available to CITY if and when required.

24. NOTICES. All notices required hereunder shall be in writing and mailed postage prepaid by certified or registered first class United States mail, postage prepaid, return receipt requested, or by personal delivery to the CITY’s address as shown below, or such other places as CITY or CONTRACTOR may, from time to time, respectively, designate in a written notice given to the other. Notices shall be deemed effectively served upon deposit in the United States Mail, or upon personal delivery.

To CITY: Eugene Loew, Parks Manager
Parks Manager
City of Concord
1950 Parkside Drive
Concord, CA 94519-2578
Telephone: (925) 671-3385
Email: [email protected]

To CONTRACTOR: Patrick Mahoney, President, West Coast Arborists, Inc.

West Coast Arborist, Inc
2200 E. Via Burton Street
Anaheim,, CA 92806
Telephone: (714) 991-1900
Email: [email protected]

25. NON-LIABILITY. No member of the CITY and no other officer, official, agent, employee or volunteer of the CITY shall be personally liable to CONTRACTOR or otherwise in the

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event of any default or breach of the CITY, or for any amount which may become due to CONTRACTOR or any successor in interest, or for any obligations directly or indirectly incurred under the terms of this Agreement.

26. EXECUTION; COUNTERPARTS. Each individua l or entity executing this Agreement on behalf of CONTRACTOR represents and warrants that he or she or it is duly authorized to execute and deliver this Agreement on behalf of CONTRACTOR and that such execution is binding upon CONTRACTOR. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.
[Signatures follow on next page]

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IN WITNESS WHEREOF, the parties have executed this Agreement in one (1) or more copies as of the date and year first written above.

CONTRACTOR: CITY:

West Coast Arborist, Inc City of Concord
a California Corporation a California municipal corporation

By:_________________________________ By:______________________________ Name: Patrick Mahoney Name: Valerie J. Barone
Title: Pre sident, West Coast Arborists, Inc. Title City Manager Address: 2200 E. Via Burton Street Address: 1950 Parkside Drive Anaheim,, CA 92806 Concord, CA 94519
Telephone: (714)-991-1900 Telephone: (925) 671-3150
Email: [email protected]

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 2022/23 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.
2022/23 - $750,000; 2023/24 - $750,000; 2024/25 $750,000 FOR TOTAL AMOUNT $2,250,000.

Account Code 260-5710-1Z01-63800-400 and 100-5710-1Z01-63800-400

Finance Director's Signature

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TREE PRUNNING SERVICES

PRICING SCHEDULE
For furnishing to the City of Sacramento prices in accordance with the provisions and specifications contained herein. Pricin g shall be all inclusive. No surcharges or additional costs will be allowed. The quantities specified are based upon the best estimates available and are subject to incr ease or decrease.

1. HOURLY RATES FOR BASIC SERVICES
TASK

FIRST YEAR OF CONTRACT SECOND YEAR OF CONTRACT THIRD YEAR OF CONTRACT HOURLY RATE X HOURS = EXTENDED PRICE HOURLY RATE X HOURS = EXTENDED PRICE HOURLY RATE X HOURS = EXTENDED PRICE 3-PERSON CREW AND BUCKET,

DURING REGULAR WORK HOURS
(SEE NOTE 1, BELOW)
X 100 = X 100 = X 100 =
3-PERSON CREW AND BUCKET,

DURING EMERGENCIES AND

AFTER REGULAR WORK HOURS
X 100 = X 100 = X 100 =

CRANE SERVICES DURING

EMERGENCIES AND AFTER

REGULAR WORK HOURS
X 100 = X 100 = X 100 =

FIRST YEAR EXTENDED TOTAL SECOND YEAR TOTAL THIRD YEAR TOTAL

THREE-YEAR TOTAL FOR BASIC SERVICES
(Vum of First Year + Second Year + Third Year Vubtotals)

2. UNIT PRICES FOR DEMAND PRUNING

SIZE CLASS

FIRST YEAR OF CONTRACT SECOND YEAR OF CONTRACT THIRD YEAR OF CONTRACT UNIT PRICE X QTY = EXTENDED PRICE UNIT PRICE X QTY = EXTENDED PRICE UNIT PRICE X QTY = EXTENDED PRICE Up to 6 d.b.h. X 20 = X 20 = X 20 =
7 – 12 d.b.h. X 20 = X 20 = X 20 =
13 – 24 d.b.h. X 20 = X 20 = X 20 =
25 – 36 d.b.h. X 100 = X 100 = X 100 =
37 – 48 d.b.h. X 50 = X 50 = X 50 =
49+ d.b.h. X 50 = X 50 = X 50 =

FIRST YEAR SUBTOTAL SECOND YEAR

SUBTOTAL THIRD YEAR SUBTOTAL

THREE-YEAR TOTAL FOR DEMAND PRUNING
(Vum of First Year + Second Year + Third Year Vubtotals) $285.00
$170.00
$285.00
$28,500.00
$28,500.00
$17,000.00
$294.00
$294.00
$175.00
$29,400.00
$29,400.00
$17,500.00
$303.00
$303.00
$180.00
$30,300.00
$30,300.00
$18,000.00
$74,000.00 $76,300.00 $78,600.00
$228,900.00
$135.00
$270.00
$410.00
$510.00
$880.00
$1,295.00
$2,700.00
$5,400.00
$8,200.00
$51,000.00
$44,000.00
$64,750.00
$176,050.00
$139.00
$278.00
$422.00
$525.00
$906.00
$1,333.00
$2,780.00
$5,560.00
$8,440.00
$52,500.00
$45,300.00
$66,650.00
$181,230.00
$143.00
$286.00
$434.00
$540.00
$933.00
$1,373.00
$2,860.00
$5,720.00
$8,680.00
$54,000.00
$46,650.00
$68,650.00
$186,560.00
$543,840.00
Exhibit A to Attachment 1

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3. UNIT PRICES FOR PROGRAM PRUNING

SIZE CLASS

FIRST YEAR OF CONTRACT SECOND YEAR OF CONTRACT THIRD YEAR OF CONTRACT UNIT PRICE X QTY = EXTENDED PRICE UNIT PRICE X QTY = EXTENDED PRICE UNIT PRICE X QTY = EXTENDED PRICE Up to 6 d.b.h. X 800 = X 800 = X 800 =
7 – 12 d.b.h. X 1100 = X 1100 = X 1100 =
13 – 24 d.b.h. X 1500 = X 1500 = X 1500 =
25 – 36 d.b.h. X 1200 = X 1200 = X 1200 =
37 – 48 d.b.h. X 500 = X 500 = X 500 =
49+ d.b.h. X 400 = X 400 = X 400 =

FIRST YEAR SUBTOTAL SECOND YEAR

SUBTOTAL THIRD YEAR SUBTOTAL

THREE-YEAR TOTAL FOR PROGRAM PRUNING

Vum of First Year + Second Year + Third Year Vubtotals)

4. UNIT PRICES FOR PALM PRUNING

SIZE CLASS FIRST YEAR OF CONTRACT SECOND YEAR OF CONTRACT THIRD YEAR OF CONTRACT UNIT PRICE X QTY = EXTENDED PRICE UNIT PRICE X QTY = EXTENDED PRICE UNIT PRICE X QTY = EXTENDED PRICE DATE PALM SPECIES X 150 = X 150 = X 150 =
WASHINGTONIA PALM SPECIES X 150 = X 150 = X 150 =

FIRST YEAR SUBTOTAL SECOND YEAR

SUBTOTAL THIRD YEAR SUBTOTAL

THREE-YEAR TOTAL FOR PALM PRUNING
(Vum of First Year + Second Year + Third Year Vubtotals) P21151811003

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$90.00
$125.00
$185.00
$260.00
$315.00
$420.00
$72,000.00
$137,500.00
$277,500.00
$312,000.00
$157,000.00
$168,000.00
$1,124,000.00
$93.00
$129.00
$190.00
$268.00
$324.00
$432.00
$74,400.00
$141,900.00
$285,000.00
$321,600.00
$162,000.00
$172,800.00
$1,157,000.00
$96.00
$133.00
$195.00
$276.00
$334.00
$445.00
$76,800.00
$146,300.00
$292,500.00
$331,200.00
$167,000.00
$178,000.00
$1,191,800.00
$3,472,800.00
$425.00
$130.00
$63,750.00
$19,500.00
$438.00
$134.00
$65,700.00
$20,100.00
$450.00
$138.00
$67,500.00
$20,700.00
$83,250.00 $85,800.00 $88,200.00
$257,250.00

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5. UNIT PRICES FOR TREE REMOVAL (T O 6 INCHES ABOVE SOIL LINE)

SIZE CLASS

FIRST YEAR OF CONTRACT SECOND YEAR OF CONTRACT THIRD YEAR OF CONTRACT UNIT PRICE X QTY = EXTENDED PRICE UNIT PRICE X QTY = EXTENDED PRICE UNIT PRICE X QTY = EXTENDED PRICE Up to 6 d.b.h. X 50 = X 50 = X 50 =
7 – 12 d.b.h. X 100 = X 100 = X 100 =
13 – 24 d.b.h. X 200 = X 200 = X 200 =
25 – 36 d.b.h. X 100 = X 100 = X 100 =
37 – 48 d.b.h. X 100 = X 100 = X 100 =
49+ d.b.h. X 50 = X 50 = X 50 =

FIRST YEAR SUBTOTAL SECOND YEAR

SUBTOTAL THIRD YEAR SUBTOTAL

THREE-YEAR TOTAL FOR TREE REMOVAL

Vum of First Year + Second Year + Third YearVubtotals)

6. UNIT PRICES FOR STUMP GRINDING

SIZE CLASS

FIRST YEAR OF CONTRACT SECOND YEAR OF CONTRACT THIRD YEAR OF CONTRACT UNIT PRICE X QTY = EXTENDED PRICE UNIT PRICE X QTY = EXTENDED PRICE UNIT PRICE X QTY = EXTENDED PRICE Up to 6 d.b.h. X 50 = X 50 = X 50 =
7 – 12 d.b.h. X 100 = X 100 = X 100 =
13 – 24 d.b.h. X 200 = X 200 = X 200 =
25 – 36 d.b.h. X 100 = X 100 = X 100 =
37 – 48 d.b.h. X 100 = X 100 = X 100 =
49+ d.b.h. X 50 = X 50 = X 50 =

FIRST YEAR SUBTOTAL SECOND YEAR

SUBTOTAL THIRD YEAR SUBTOTAL

THREE-YEAR TOTAL FOR STUMP GRINDING

Vum of First Year + Second Year + Third Year Vubtotals) P21151811003

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$150.00
$350.00
$700.00
$1,500.00
$2,350.00
$4,125.00
$7,500.00
$35,000.00
$140,000.00
$150,000.00
$235,000.00
$206,250.00
$773,750.00
$155.00
$360.00
$721.00
$1,545,00
$2,420.00
$4,248.00
$7,750.00
$36,000.00
$144,200.00
$154,500.00
$242,200.00
$212,400.00
$797,050.00
$160.00
$371.00
$742.00
$1,591.00
$2,492.00
$4,375.00
$8,000.00
$37,100.00
$148,400.00
$159,100.00
$249,200.00
$218,750.00
$820,550.00
$2,391,350.00
$260.00
$385.00
$720.00
$900.00
$1,080.00
$1,285.00
$13,000.00
$38,500.00
$144,000.00
$90,000.00
$108,000.00
$64,250.00
$457,750.00
$267.00
$395.00
$740.00
$925.00
$1,110.00
$1,320.00
$13,350.00
$39,500.00
$148,000.00
$92,500.00
$111,000.00
$66,000.00
$470,350.00
$275.00
$405.00
$760.00
$950.00
$1,140.00
$1,360.00
$13,750.00
$40,500.00
$152,000.00
$95,000.00
$114,000.00
$68,000.00
$483,250.00
$1,411,350.00Page 20 of 21

PRICING SCHEDULE TOTALS

THREE-YEAR TOTAL FOR BASIC SERVICES
(from Section 1, above)

THREE-YEAR TOTAL FOR DEMAND PRUNING
(from Section 2, above)

THREE-YEAR TOTAL FOR PROGRAM PRUNING
(from Section 3, above)

THREE-YEAR TOTAL FOR PALM PRUNING
(from Section 4, above)

THREE-YEAR TOTAL FOR TREE REMOVAL
(from Section 5, above)

THREE-YEAR TOTAL FOR STUMP GRINDING
(from Section 6, above)

PROPOSAL TOTAL
(sum of Three-Year Totals for Section 1, 2, 3, 4, 5, and 6, above) $ PRICING SCHEDULE NOTES:

1. The estimated quantities are for bid evaluation purposes only, actual work assigned will be based upon availability of funds and actual needs as they occur throughout the contract period. Unscheduled work (storm or other emergency work) shall be billed portal to porta l, not to exceed l.5 hours, round trip. Rates should be based on a typical th ree-person crew, including a qualified lead worker. Equipmen t needs should include a truck equipped with a chip box and an aerial lift with a minimum working height of 55 feet, a brush chipper, and all associated tools and equipment to complete a typical tree pruning or removal assignment per the General Requirements that follow in this document.

2. The hourly labor rates quoted must be all inclusive. Quotes will be based on an hourly rate, based upon the time the Contract or begins work on site. Cost for travel time should be incorporated into the hourly rate that is quoted (except as noted in 1., above). No surcharges, fees, or other additional costs will be allowed.

3. The prices quoted to the City shall be as low as, or lower than those charged the Contractor's most favored customer for comparable quantities under similar terms and conditions, in addition to any discounts for prompt payment.

4. In determining the amount quoted by each contractor, the City shall disregard mathematical errors in addition, subtraction, multiplication, and division that appear obvious on the face of the Proposal. When such a mathematical error appears on the face of the Proposal, the City shall have the right to correct such error and to compute the total amount bid by said bidder on the basis of the corrected figure or figures.

5. When an item price is required to be set forth in the Proposal, and the total for the item set forth separately does not agree with a figure which is derived by multiplying the item price times the Project Manager's estimate of the quantity of work to be performed for said item, the item price shall prevail over the sum set forth as the total for the item unless, in the sole discretion of the City, such a pr ocedure would be P21151811003

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$228,900.00
$543,840.00
$3,472,800.00
$257,250.00
$2,391,350.00
$1,411,350.00
$8,305,490.00

Page 21 of 21 ends

Staff Report
Date: May 3, 2022
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: William Tarbox, Director of Public Works
Prepared by: Robert Hardie, Facilities Maintenance Manager [email protected]
(925) 671-3025
Subject: Formally cancel the March 2, 2020, award of a contract for the Centre Concord Foundation Stabilization Project (PJ 2481) in the amount of $236,706.80 to Engineered Soil Repairs, Inc. of Walnut Creek, reject all bids, and authorize staff to re-advertise the project.

CEQA: Exempt under Guidelines Sections 15301, 15302,
15303, 15304. and/or 15323.

Report in Brief
Centre Concord is a City-owned building located at 5298 Clayton Road. It contains a number of classrooms and a ballroom, and is one of the largest rental facilities in the East Bay. The aging facility has experienced settlement, and portions of the floor have buckled over time. This project will stabilize the building, repair the floor, and improve landscaping around the building. The project was awarded in 2020, but was cancelled because it was deemed ”non-essential” during Covid 19 health department restrictions.

As the project contract was not entered into due to COVID-19 and the non-essential nature of the project and the health rules in order at that time, staff is requesting Council formally cancel the March 2020 award so that the project can be rebid.

Recommended Action
Cancel the March 2, 2020 award of a contract in the amount of $236,706.80 to Engineered Soil Repairs, Inc. of Walnut Creek for the Center Concord Foundation Stabilization Project (PJ 2481), reject all bids, and authorize staff to re-advertise the project.

4.e4.e

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City Council Agenda Report
Agenda Item No. 4.e
May 3, 2022
Background
The City of Concord has been operating Centre Concord as a community center and rental facility since 1991. The Facility includes a commercial kitchen, three preschool rooms, a preschool playground, and offices that house four full-time staff and two to three part-time staff. With a ballroom dining capacity of 400 people, Centre Concord is the largest rental facility in the area and thus has a high demand for major community and fund raising events. The facility routinely hosts weddings, quinceañeras, crab feeds, and specialized trainings.

While many community based organizations and school groups benefit from the availability of Centre Concord, the aging facility has experienced maintenance issues, including settlement. The settlement has caused the floor in the portion of the building used for dance classes to buckle and slope, creating operational issues and safety concerns. As a part of the adopted Capital Improvement Program, the City Council approved Project No. 248, and allocated $370,000 of Measure Q Funds to perform the work needed to stabilize the building and repair the floor.

Analysis
Prior to design of the recommended project, a separate engineering firm was retained to perform site assessment work, including: surveying, soil compaction testing, and drainage analysis. The firm developed a scope of work, plans and bid documents with special provisions. The resulting project will remediate issues of floor cracking and building movement in the “classroom” of Centre Concord by removing portions of the floor and re-compacting the soil below.

In addition to remediation and new concrete slabs, a new “dance floor” covering will be installed in the dance classroom. An area in the adjacent mechanical room will be stabilized with grout injection. The project will also include re-landscaping the area around the classroom and replacing a failing retaining wall. Building rainwater leaders will be modified to prevent future erosion around the construction area.

Procurement Process
In December 2019 the City issued Request for Bids (RFB) no. 2433. Three (3) bids were submitted which met the guidelines of the RFB, and ranged in price from $205,832 to $271,401. On January 29, 2020, Engineered Soil Repairs, Inc. was determined to be the lowest qualified bidder and at the March 2, 2020 city council meeting, the project was awarded. Prior to contract execution, Covid-19 restrictions went into place and on April 2, 2020, staff and the contractor agreed that the project could not proceed under the Contra Costa County Health Officer’s March 31, 2020 Order and that the contract would not be executed. On April 3, 2020, the City sent the contractor a letter confirming this agreement and returning the contractor’s bonds. It is now time to rebid the project.

Financial Impact
Funding remains in place for this project within the City’s CIP.

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City Council Agenda Report
Agenda Item No. 4.e
May 3, 2022
Environmental Determination
This project qualifies for a Categorical Exemption pursuant to the California Environmental Quality Act Guidelines Sections 15301-Existing Facilities, 15302 Replacement or Reconstruction, 15303 – New Construction or Conversion of Small Structures, 15304-Minor Alterations to Land, and/or 15323 -- Normal Operations of Facilities for Public Gatherings because it includes the repair and replacement of the existing sewer collection system and related installation work, and involves normal operations of existing facilities for public gatherings which have been so used for at least the past three years.

Public Contact
The City Council Agenda was posted.

Attachments

1. April 3, 2020, Letter to Engineered Soils Repair, Inc.

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Attachment 1

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Report in Brief
On October 12, 2021, the City Council awarded a construction contract to Devaney Engineering, Inc. (DEI) of San Francisco, CA in the amount of $547,900, and authorized a 15% contingency for Diamond Blvd / Willow Pass Road Sewer Repair (Project No. 2554). The project improvements included replacement of deteriorated sanitary sewer mains, reconnecting laterals, maintenance access hole rehabilitation, pavement resurfacing, and restriping. The work was satisfactorily complete, as of March 1, 2022.

The work was completed on time and within budget.

Recommended Action
Accept the improvements for Diamond Blvd / Willow Pass Road Sewer Repair (Project No. 2554), and direct the City Clerk to file a Notice of Completion.

Background
On October 12, 2021, the City Council awarded a construction contract to Devaney Engineering, Inc. (DEI) of San Francisco, CA in the amount of $547,900, and authorized a 15% contingency for Diamond Blvd / Willow Pass Road Sewer Repair (Project No. 2554). The project was located on Willow Pass Road between Waterworld Parkway and Diamond Blvd, and along the frontage of Denny’s on Diamond Blvd. Construction

4.f4.f4.f

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City Council Agenda Report
Agenda Item No. 4.f
May 3, 2022
included replacement of deteriorating sanitary sewer mains, reconnecting laterals, maintenance access hole rehabilitation, pavement resurfacing, and restriping. The Engineering Division managed design, bid advertisement, and construction with the assistance of Ghirardelli Associates providing construction management and materials testing. DEI satisfactorily completed construction on March 1, 2021.

Analysis
The project successfully replaced sanitary sewer mains. Project funds were spent as follows:

DESCRIPTION
City Staff Cost $ 46,881.06
Design/Construction Support $ 69,895.00
Advertisement/Bidding $ 2,390.11
Construction $ 540,200.00
Construction Management $ 53,815.50
Total Project Costs $ 713,181.67
Project Budget $ 1,045,900.00
Remaining Project Balance $ 332,718.33
The project was completed on time and within budget, with no funds used from the contingency. Devaney Engineering has provided the required 10% warranty bond, which guarantees the work from material and workmanship defects for one (1) year.

The project balance will remain in the project until the 1-year warranty period expires. A portion of the remaining project balance may be required to supplement upcoming sewer improvement projects that are estimated to be underfunded. If necessary, Staff will request the transfer after bids are opened for the upcoming sewer improvement projects.

Financial Impact
The project was completed within the authorized budget. The project was funded by Sewer Operating Funds (Fund 710).

Public Contact
The City Council Agenda was posted.

Attachments

1. Project Location Map

2. Notice of Completion

Page 2 of 4 ends

Diamond Boulevard/Willow Pass Road Sewer Repairs
Project No. 2554
Project Location
Attachment 1

Page 3 of 4 ends

RECORDING REQUESTED BY AND WHEN
RECORDED MAIL TO:

City Clerk
City of Concord
1950 Parkside Drive MS/03
Concord, CA 94519
APN(s): __ _n/a______
(Space Above This Line for Recorder’s Use Only)
[Exempt from recording fee per Gov. Code § 27383]

NOTICE OF COMPLETION
(Cal. Civ. Code §§ 8180-8190, 8100-8118, 9200-9208)
A. The City of Concord, a California municipal corporation, entered into a written contract with Devaney Engineering, Inc. (Contractor) dated October 12, 2021. The surety on said contract is held by The Ohio Casualty Insurance Company.

B. NOTICE IS HEREBY GIVEN THAT:
(1) The name and address of the owner or reputed owner are:

City of Concord, 1950 Parkside Drive, Concord, CA 94519-2578 (2) The name and address of the direct contractor are:

Devaney Engineering, Inc. 1641 Lombard Street, San Francisco, CA 94123 (3) The name and address of the construction lender, if any, are:

Not applicable
(4) A description of the site sufficient for identification, including the street address of the site, if any, follows:

The real property herein referred to is situated in the City of Concord, County of Contra Costa, State of California, and is described as follows: Project No. 2554 Diamond Blvd / Willow Pass Road Sanitary Sewer Repair. Sanitary sewer pipe and trench on Willow Pass Road between Waterworld Parkway and Diamond Blvd, and a portion of sidewalk/landscaping along Denny’s frontage at Diamond Boulevard. (5) The name, address, and relationship to the parties of the person giving the notice:

City of Concord, a California Municipal Corporation, 1950 Parkside Drive, Concord, CA 94519; person giving notice and owner.
(6) The person giving this notice is not a claimant
(7) This notice is given for (check one):

X Completion of the work of improvement as a whole.
__ Completion of a contract for a particular portion of the work of improvement. If the notice is given only of completion of a contract for a particular portion of the work of improvement as provided in California Civil Code Section 8186, provide the following information:
(a) The name and address of the direct contractor under that contract: See item B(2), above. (b) A general statement of the work provided pursuant to the contract: See item A above. (8) If signed by the owner’s successor in interest, the name and address of the successor’s transferor:

Not applicable
(9) The nature of the interest or estate of the owner: Easement (10) The date of completion: May 3, 2022
I, Bruce Davis, say I am the Interim City Engineer for the City of Concord, owner of the aforesaid interest or estate in the property described in the above Notice of Completion, and as such, make this verification on behalf of City of Concord; and that I have read the above Notice of Completion and know the contents thereof and that the facts stated therein are true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on ___________________________, 20____, at
Concord, California
______________________________________
Bruce Davis, PE, Interim City Engineer (Signature)
ATTEST:
______________________________________
Joelle Fockler, MMC
City of Concord City Clerk

Attachment 2

Page 4 of 4 ends

Staff Report
Date: May 3, 2022
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kevin Marstall, PE, Director of Community Development Bruce Davis, PE, Interim City Engineer
Prepared by: Stefanie Ananthan, Senior Administrative Analyst [email protected]
(925) 671-3059
Subject: Considering adoption of a Resolution adopting a list of projects for Fiscal Year 2022-23 to be Funded by SB 1: The Road Repair and Accountability Act of 2017.

CEQA: Not a “project” under CEQA Guidelines 15060(c)(2) and 15378; in the alternative, exempt pursuant to Section 15061(b)(3).

Report in Brief
On April 28, 2017, the Governor signed Senate Bill (SB) 1, which is known as the Road Repair and Accountability Act of 2017. SB1 was passed by the legislature as a means of providing additional funding for basic road maintenance, rehabilitation and critical safety needs on both state highways and local streets and road system. SB 1 increases per gallon fuel excise taxes; diesel fuel excise taxes and vehicle registration fees and provides for adjustments for inflation in future years.

Prior to receiving Road Maintenance and Rehabilitation Act (RMRA) funds for each fiscal year, Concord must submit to the California Transportation Commission (CTC) a list of projects proposed to be funded with the RMRA funds. The CTC has set July 1, 2022, as the deadline for cities to submit their FY2022/23 list of projects for RMRA funding. Concord is anticipated to receive approximately $2,946,734 in FY 2022-23.

These funds will be allocated as part of the City’s FY 2022-23/2023-24 Capital Budget, which will be adopted by City Council on June 14, 2022.

4.g4.g4.g

Page 1 of 11 ends

City Council Agenda Report
Agenda Item No. 4.g
May 3, 2022
Staff has identified the following Capital Improvement Plan (CIP) projects for the $2,946,734 in RMRA funding for this year, Pavement Maintenance – Zone 3B (Project No. 2561) and Pavement Maintenance – Zone 5L (Project No. 2563). The RMRA funds received this year will fund construction for each of the projects, as the design was previously funded through prior allocations. Projects for future years’ funding will be presented to Council annually in May of each fiscal year.

Recommended Action
Adopt the attached Resolution (Attachment 1) adopting a list of projects for Fiscal Year 2022-23 funded by SB 1: The Road Repair and Accountability Act of 2017.

Background
On April 28, 2017, the Governor signed Senate Bill (SB) 1, which is known as the Road Repair and Accountability Act of 2017. SB 1 provides additional funding for basic road maintenance, rehabilitation and critical safety needs on both the state highway and local streets and road systems. The funding program is administered by the CTC in partnership with the State Controller. Funding for the program is provided from the following sources:
 An additional 12 cent per gallon increase to the gasoline excise tax effective November 1, 2017.
 An additional 20 cent per gallon increase to the diesel fuel excise tax effective November 1, 2017.
 An additional vehicle registration tax called the “Transportation Improvement Fee” with rates based on the value of the motor vehicle effective January 1, 2018.
 An additional $100 vehicle registration tax on zero emissions (ZEV) vehicles of model year 2020 or later effective July 1, 2020.
 Annual rate increases to these taxes beginning on July 1, 2020 (July 1, 2021 for the ZEV fee) and every July 1st thereafter equal to the change in the California Consumer Price Index (CPI).

SB 1 specifies that 50 percent of the balance of revenues deposited into the RMRA, after certain funding is set aside for various programs, will be continuously appropriated for apportionment to cities and counties by the Controller. The Controller will deposit various portions of funding into the Road Maintenance and Rehabilitation Account (RMRA). A percentage of the RMRA funding will be apportioned by formula to eligible cities and counties pursuant to Streets and Highways Code for basic road maintenance, rehabilitation, and critical safety projects on the local streets and roads system.

It should be noted that the City of Concord (City) contracts directly with the State Controller’s Office (SCO) each year to prepare the “Annual Street Report”. During that

Page 2 of 11 ends

City Council Agenda Report
Agenda Item No. 4.g
May 3, 2022
process, the SCO reviews and confirms that the City has met its RMRA Maintenance of Effort (MOE) requirement. The City’s SCO FY20/21 Annual Street Report, completed on November 23, 2021, verified that the City met its required FY20/21 RMRA MOE, as the City has done for every year since the inception of the RMRA funding program.

Based on statewide revenue estimates by the California Department of Finance (DOF) released with the Governor's Proposed 2022-23 State Budget in January, current fund estimates, provided by the League of California Cities as of January 2022, indicate that the City of Concord will be eligible to receive approximately $2,946,734 in FY 2022-23.

To be eligible to receive RMRA funding, cities and counties must prepare and submit a project list to the CTC pursuant to the requirements of SHC Section 2034(a)(1), which in turn must be included in a list of eligible entities submitted by the Commission to the State Controller. Each city or county submitting a project list must provide a public record which documents those proposed projects.

The CTC has set July 1, 2022 as the deadline for cities and counties to submit their list of projects for RMRA funding this fiscal year. The project list must include a description, location, proposed schedule, estimated cost, and an estimated useful life of the improvements. The CTC will take action on the initial list at their regularly scheduled meeting in August 2022, and forward the approved list to the Controller no later than August 31, 2022. Funds for FY 2022-23 are expected to be distributed in September 2022.

Analysis
To assure that the City of Concord is eligible to receive RMRA funds, Engineering staff will rely on the 5-Year Pavement Management Plan recommendations for street pavement projects. These projects were selected based on the recommendation of the 5-year pavement plan as the next projects for funding. These projects will be proposed for Council consideration in June as part of the FY 2022-23/2023-24 Capital Budget.

The following proposed projects will be funded in-part with fiscal year 22-23 Road Maintenance and Rehabilitation Account revenues:

Pavement Maintenance – Zone 3B (Project No. 2561)
This project will rehabilitate the Ygnacio Wood residential neighborhood in Pavement Maintenance Zone 3B. Maintenance is focused on Santa Paula Drive, San Gabriel Drive, and related side streets. The streets in the project area have a Pavement Condition Index (PCI) in the 50-60 range with light rehab as the appropriate treatment.

Potential treatments include crack seal, slurry seal, cape seal, thin maintenance overlay (TMO), and base repairs.

Streets selected for slurry seal are typically streets in good to very-good condition with minor cracks, limited pavement failure, and surface wear. Streets selected for cape seal

Page 3 of 11 ends

City Council Agenda Report
Agenda Item No. 4.g
May 3, 2022
are typically in good condition with greater surface wear and limited structural failure.

Due to the age of the streets, more robust treatments such as mill-and-fill and thin maintenance overlay (TMO) may be used.

The estimated useful life of the pavement rehabilitation is between 10–15 years. The estimated project cost is approximately $2,621,000. The RMRA funds received this year will fund construction, and funding for the remaining cost of the project, beyond the SB 1 allocation, will be identified as part of the City’s FY 2022-23/2023-24 Capital Budget.

City Council awarded the design contract for this project on March 1, 2022, with plans for construction to begin in April through November 2023.

Project Schedule
Project Design: March 2022 – December 2022
Project Construction: April 2023 – November 2023
Pavement Maintenance – Zone 5L (Project No. 2563)
This project will rehabilitate a residential neighborhood north of Downtown Concord in Pavement Maintenance Zone 5L. Maintenance is focused on the streets around Mount Diablo High School including, Grant Street, Gill Drive, and related side streets. The streets in the project area have a Pavement Condition Index (PCI) in the 50-60 range with heavy/light rehab as the appropriate treatment. Potential treatments include crack seal, slurry seal, cape seal, thin maintenance overlay (TMO), mill-and-fill/overlay, and base repairs.

Streets selected for slurry seal are typically streets in good to very-good condition with minor cracks, limited pavement failure, and surface wear. Streets selected for cape seal are typically in good condition with greater surface wear and limited structural failure.

Due to the age of the streets, more robust treatments such as mill-and-fill and thin maintenance overlay (TMO) may be used.

The estimated useful life of the pavement rehabilitation is between 10–15 years. The estimated project cost is approximately $1,503,000. The RMRA funds received this year will fund construction, and funding for the remaining cost of the project, beyond the SB 1 allocation, will be identified as part of the City’s FY 2022-23/2023-24 Capital Budget.

City Council awarded the design contract for this project on March 1, 2022, with plans for construction to begin in April through November 2023.

Project Schedule
Project Design: March 2022 – December 2022
Project Construction: April 2023 – November 2023

Page 4 of 11 ends

City Council Agenda Report
Agenda Item No. 4.g
May 3, 2022
Financial Impact
SB 1 will provide RMRA funds totaling approximately $2,946,734 in FY 2022-23. RMRA funds are supplemental to current City funding sources.

Environmental Determination
Council action on this item is exempt from California Environmental Quality Act (CEQA) review as the approval of a project listing and budget amendment are not activities that constitute a "project" within the meaning of CEQA Guidelines Section 15060(c)(2) and CEQA Guidelines Section 15378; if this were determined to be a “project” for CEQA analysis, this activity falls within the "Common Sense" CEQA exemption set forth in CEQA Guidelines Section 15061(b)(3). No unusual circumstances are present. None of the exceptions under CEQA Guidelines Section 15300.2 are present. 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. Resolution adopting a list of projects for Fiscal Year 2022-23 funded by SB 1:

The Road Repair and Accountability Act of 2017

2. Proposed Project Budget Sheets

Page 5 of 11 ends

Res. No. 22-XX 1

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Adopting a List of Projects for Fiscal
Year 2022-23 to be Funded by SB 1: The Road Repair
and Accountability Act of 2017 Resolution No. 22-XX
/
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statues of 2017) was passed by the Legislature and signed into law by the Governor in April 2017 in order to address the significant multi-modal transportation funding shortfalls statewide; and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and
WHEREAS, the City must include a list of all projects proposed to receive funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, in the City budget, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and WHEREAS, the City will receive an estimated $2,946,734 million in RMRA funding in Fiscal Year 2022-23 from SB 1; and
WHEREAS, this is the sixth year in which the City is receiving the funding from SB 1 will help the City maintain and rehabilitate its local streets and improve its active transportation infrastructure throughout the City that would not have otherwise been possible without SB 1; and WHEREAS, the City has undergone a robust public process to ensure public input into our 5-year pavement management plan to identify the project list; and WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the communities priorities for transportation investment; and WHEREAS, the funding from SB 1 will help cities and counties that owns and operates more than 81 percent of streets and roads in California, and from the moment we open our front door to Attachment 1

Page 6 of 11 ends

Res. No. 22-XX 2
drive to work, bike to school, or walk to the bus station, people are dependent upon a safe, reliable local transportation network; and
WHEREAS, the 2018 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are in a fair condition and this revenue will help us maintain the overall quality of our road system and over the next decade; and WHEREAS, modernizing the local street and road system is also critical for interconnectivity, multimodal needs, and commerce; and
WHEREAS, police, fire, and emergency medical services all need safe, reliable roads to react quickly to emergency calls and a few minutes of delay can be a matter of life and death; and WHEREAS, maintaining and preserving the local street and road system in good condition will reduce drive times and traffic congestion, improve bicycle safety, and make the pedestrian experience safer and more appealing, which leads to reduced vehicle emissions helping the State achieve its air quality and greenhouse gas emissions reductions goals; and WHEREAS, restoring roads before they fail also reduces construction time which results in less air pollution from heavy equipment and less water pollution from site run-off; and WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials, and practices, will have significant, positive co-benefits statewide.

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

Section 1. All of the facts set forth in the foregoing recitals are true and correct and are hereby incorporated and adopted as findings of the City Council as if fully set forth herein.

Section 2. Council action on this item is exempt from California Environmental Quality Act (CEQA) review as the approval of a project listing and budget amendment are not activities that constitute a "project" within the meaning of CEQA Guidelines Section 15060(c)(2) and CEQA Guidelines Section 15378; if this were determined to be a “project” for CEQA analysis, this activity falls within the "Common Sense" CEQA exemption set forth in CEQA Guidelines Section

Page 7 of 11 ends

Res. No. 22-XX 3
15061(b)(3). No unusual circumstances are present. None of the exceptions under CEQA Guidelines Section 15300.2 are present. This determination reflects the City’s independent judgment and analysis. Individual projects will undergo CEQA analysis as necessary.

Section 3. The Fiscal Year 2022-23 SB 1 list of projects planned to be funded with Road Maintenance and Rehabilitation Account revenues:
a. Pavement Maintenance – Zone 3B Project No. 2561. As part of the City's Annual Pavement Maintenance Program, this project will rehabilitate the Ygnacio Wood residential neighborhood in Pavement Maintenance Zone 3B. Maintenance is focused on Santa Paula Drive, San Gabriel Drive, and related side streets. The streets in the project area have a Pavement Condition Index (PCI) in the 50-60 range with light rehab as the appropriate treatment. Potential treatments include crack seal, slurry seal, cape seal, thin maintenance overlay (TMO), and base repairs. Streets selected for slurry seal are typically streets in good to very-good condition with minor cracks, limited pavement failure, and surface wear. Streets selected for cape seal are typically in good condition with greater surface wear and limited structural failure. Due to the age of the streets, more robust treatments such as mill-and-fill and thin maintenance overlay (TMO) may be used. The estimated project cost is approximately $2,621,000, and the estimated useful life of the pavement rehabilitation is between 10–15 years. This project is anticipated for construction in April through November 2023. b. Pavement Maintenance – Zone 5L Project No. 2563. As part of the City's Annual Pavement Maintenance Program, this project will rehabilitate a residential neighborhood north of Downtown Concord in Pavement Maintenance Zone 5L. Maintenance is focused on the streets around Mount Diablo High School including, Grant Street, Gill Drive, and related side streets.

The streets in the project area have a Pavement Condition Index (PCI) in the 50-60 range with heavy/light rehab as the appropriate treatment. Potential treatments include crack seal, slurry seal, cape seal, thin maintenance overlay (TMO), mill-and-fill/overlay, and base repairs.

Page 8 of 11 ends

Res. No. 22-XX 4
streets, more robust treatments such as mill-and-fill and thin maintenance overlay (TMO) may be used. The estimated project cost is approximately $1,503,000, and the estimated useful life of the pavement rehabilitation is between 10–15 years. This project is anticipated for construction in April through November 2023.

Section 4. This resolution shall become effective immediately upon its passage and adoption.

PASSED AND ADOPTED by 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 Resolution No. 22-XX was duly and regularly adopted at a regular meeting of the City Council of the City of Concord on May 3, 2022.

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney

Page 9 of 11 ends

Capital Improvements Project 2022-2023City of Concord
Number: 2561
Title: Pavement Maintenance – Zone 3B
Manager: Aldrich Bautista
Proposed By: CDD - Engineering
Classification: TIP-Local Streets and Roads
Location: Various Streets - Pavement Zone 3B
Begin Date: 12/1/2021
Completion Date: 12/31/2024
Related Projects:

Description: This project will rehabilitate a residential neighborhood in Pavement Maintenance Zone 3B. The streets in the project area have a Pavement Condition Index (PCI) in the 50-60 range with light rehab as the appropriate treatment. Potential treatments include crack seal, slurry seal, cape seal, thin maintenance overlay (TMO), and base repairs.

Pertinent
Issues:

Staff implements the City of Concord’s Pavement Maintenance Program (PMP) to ensure equal distribution of pavement maintenance funds, by dividing the City into five geographical areas (Zones 1-5). Based on this system, the City assesses all of the arterial and collector streets on a bi- annual basis, and assesses the residential streets at least once every 5 years.

This project is selected for treatment as identified in Year 3 of the Five-Year Pavement Expenditure Plan.

Description
Prior
Allocation
Prior
Expend. &
Encumbrance
Carry-
over
FY 22-23
New
FY 23-24
New
Avail.

Total
FY 24-25
Est.

FY 25-26
Est.

FY 26-27
Est.

FY 27-28
to 31-32
Est.

Project
Grand
Total
Funding Sources
000 Unfunded 2,281,000 2,281,000 2,281,000
490 Measure V Projects 340,000 278,136 61,864 61,864 340,000 Total: 340,000 278,136 61,864 2,281,000 2,342,864 2,621,000 Project Expenditures
Construction 1,700,000 1,700,000 1,700,000
Construction Engineering 400,000 400,000 400,000
Design Engineering 300,000 278,004 21,996 181,000 202,996 481,000 Preliminary Studies 40,000 131 39,869 39,869 40,000
Total: 340,000 278,136 61,864 2,281,000 2,342,864 2,621,000 Apr 04, 2022 01:32 PM Capital Improvements Project 2022-2023 Page 1 Attachment 2

Page 10 of 11 ends

Capital Improvements Project 2022-2023City of Concord
Number: 2563
Title: Pavement Maintenance - Zone 5L
Manager: Aldrich Bautista
Proposed By: CDD - Engineering
Classification: TIP-Local Streets and Roads
Location: Various Streets - Pavement Zone 5L
Begin Date: 12/1/2021
Completion Date: 12/31/2024
Related Projects:

Description: This project will rehabilitate a residential neighborhood in Pavement Maintenance Zone 5L. The streets in the project area have a Pavement Condition Index (PCI) in the 50-60 range with heavy/light rehab as the appropriate treatment. Potential treatments include crack seal, slurry seal, cape seal, thin maintenance overlay (TMO), mill-and-fill/overlay, and base repairs.

Pertinent
Issues:

This project is selected for treatment as identified in Year 3 of the Five-Year Pavement Expenditure Plan.

Description
Prior
Allocation
Prior
Expend. &
Encumbrance
Carry-
over
FY 22-23
New
FY 23-24
New
Avail.

Total
FY 24-25
Est.

FY 25-26
Est.

FY 26-27
Est.

FY 27-28
to 31-32
Est.

Project
Grand
Total
Funding Sources
000 Unfunded 1,163,000 1,163,000 1,163,000
490 Measure V Projects 340,000 193,131 146,869 146,869 340,000 Total: 340,000 193,131 146,869 1,163,000 1,309,869 1,503,000 Project Expenditures
Construction 930,000 930,000 930,000
Construction Engineering 233,000 233,000 233,000
Design Engineering 300,000 192,999 107,001 107,001 300,000 Preliminary Studies 40,000 131 39,869 39,869 40,000
Total: 340,000 193,131 146,869 1,163,000 1,309,869 1,503,000 Apr 04, 2022 01:32 PM Capital Improvements Project 2022-2023 Page 1

Page 11 of 11 ends

Staff Report
Date: May 3, 2022
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kevin Marstall, PE, Director of Community Development 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 the award of a Construction Contract in the amount of $2,887,545 to Bay Pacific Pipelines Inc. for the Ellis Lake Area Sanitary Sewer Improvement Project [Project No. 2447] and authorizing Staff to utilize the available project contingency for contract change orders up to 20% of the contract amount; and authorizing the Mayor to execute the contract in a form acceptable to the City Attorney; and considering approval of a Professional Services Agreement with Dewberry Engineers Inc. in the not-to-exceed amount of $472,782 (base agreement of $429,801.95 plus staff authority to spend up to a 10% contingency of $42,980.05) for construction management, inspection, and materials testing services and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney (Sewer Capital Facility Replacement Fund)
CEQA: Not a project/exempt per CEQA Guidelines Sections 15060 (c), 15061 (b)(3), 15273, 15378, 15301, 15302, 15303, 15304, and/or Public Resources Code Section 21065.

4.h4.h4.h4.h4.h

Page 1 of 33 ends

City Council Agenda Report
Agenda Item No. 4.h
May 3, 2022
Report in Brief
The Ellis Lake Area Sanitary Sewer Improvement Project (Project No. 2447) consists of replacing undersized and failing sanitary sewers in the residential and mixed-use area south of downtown Concord, bordered by Clayton Road on the north, Galindo Street on the east, Todd Avenue on the south, and Meadow Lane on the west. Work will also include manhole rehabilitation, pavement base repairs, and street resurfacing after sewer construction.

The project has been designed and competitively bid; and is at the point of construction contract award. If award is approved by the City Council, project construction in the field is expected to begin in June 2022 and be completed by October 2022, weather permitting.

Construction management, inspection, and materials testing services are needed to ensure work during construction by the contractor is performed and completed in a manner satisfactory to the project contract documents and the City.

Recommended Action

1. Award the construction contract in the amount $2,887,545 to Bay Pacific Pipelines Inc. for the Ellis Lake Area Sanitary Sewer Improvement Project (Project No. 2447); authorize Staff to utilize the available project contingency for contract change orders that become necessary up to 20% of the contract amount; and authorize the Mayor to execute the contract in a form acceptable to the City Attorney.

2. Approval of a Professional Services Agreement with Dewberry Engineers Inc. in the not-to-exceed amount of $472,782 (base agreement of $429,801.95 plus staff authority to spend up to a 10% contingency of $42,980.05) to provide construction management, inspection, and materials testing services for the Ellis Lake Area Sanitary Sewer Improvement Project (Project No. 2447); and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney.

Background
In March 2015, a sewer condition assessment study was completed in the residential and mix-use area south of downtown. The assessment study provided design recommendations and cost estimates for sewer improvements in the area, and also identified high priority spot repairs that were immediately undertaken by the City. The assessment study also generated a report to improve sewer infrastructure and reduce long term maintenance.

On June 2, 2020, City Council adopted the CIP Budget for Fiscal Years 2020-21 and 2021-22, which included funding the Ellis Lake Area Sanitary Sewer Improvement Project. See attached location map (Attachment 1)

Page 2 of 33 ends

City Council Agenda Report
Agenda Item No. 4.h
May 3, 2022
On January 12, 2022, a virtual public meeting was held to present the project scope of work and construction impacts to residents in the Ellis Lake area. Four members of the public attended the meeting.

On September 13, 2016, City Council approved a Citywide Project Stabilization Agreement with the Contra Costa Building & Trades Council for projects with a construction contract valued at over $750,000. Project 2447 will be subject to the requirements of the Project Stabilization Agreement. The prospective bidders for this project were made aware of this requirement as part of the bid documents.

Procurement Process
The project was advertised for construction bids as required by State law and City policy. The Engineer’s Estimate for the Total Bid is $4,400,000. Bids were opened on March 24, 2022. Four (4) bids were received in the amount ranging from $2,887,545 to $4,091.682. The basis of award for this project is the Base Bid. The lowest bid was received from Bay Pacific Pipeline Inc. of Novato, CA. A summary of the four bids is as follows:

BID
SCHEDU
LE
Engineer's
Estimate
Bay Pacific
Pipeline Inc.

California
Trenchless
Inc.

Devaney
Engineering
Inc.

Mitchell
Engineering
Base Bid $4,400,000 $2,887,545 $3,464,610 $3,858,592 $4,091,682 Bay Pacific Pipeline was the low bidder and submitted a responsive and responsible bid. Bay Pacific Pipeline has an appropriate and valid contractor’s license and satisfactory work references.

Staff completed analysis of Bay Pacific Pipeline’s bid, determining that this firm along with its subcontractors possess appropriate and valid licenses, and are not on any debarred lists. Bay Pacific Pipeline is registered with the Department of Industrial Relations as required by SB 854.Bay Pacific Pipeline and their subcontractors have submitted the required agreement to be bound to the Citywide Project Stabilization Agreement.

Staff issued a Request for Proposal (RFP) to select a consultant to provide construction management, inspection, and materials testing services on December 23, 2021. The RFP was advertised in the local newspaper and on the City’s Procurement Website.

Eight (8) proposals were received, which were reviewed and ranked by the selection committee.

Based on the analysis of the proposals, interviews, and references, Dewberry Engineers Inc. (Dewberry) of Rancho Cordova, CA was selected as the most qualified firm to provide construction management, inspection, and materials testing services for

Page 3 of 33 ends

City Council Agenda Report
Agenda Item No. 4.h
May 3, 2022
the Ellis Lake Area Sanitary Sewer Improvement Project (Project No. 2447). City Staff and Dewberry negotiated the scope of work and cost for the services, and agreed upon $429,801.95 as a fair and reasonable compensation for the services needed to complete the design phase of this project.

Financial Impact
The current total budget for this project is $5,885,000 and is funded by Sewer Capital Facility Replacement Funds (Fund 710). There are sufficient funds to award the construction contract, provide for construction management, inspection and materials testing services, staff oversight, and an approximate construction contingency of 20 percent.

Environmental Determination
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, award of this contract is exempt under 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, as it involves constructing sewer improvements where there are existing sewer facilities, striping, and paving work. No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 applies. This determination reflects the City’s independent judgement and analysis. The Notice of Exemption will be filed with the County Clerk’s office following the Council award of the construction contract.

Public Contact
The City Council Agenda was posted.

Attachments

1. Location Map

2. Bid Summary

3. Professional Services Agreement – Dewberry Engineers Inc.

Page 4 of 33 ends

1, Dewberry·

FEE PROPOSAL

CITY OF CONCORD

COMMUNITY DEVELOPMENT

DEPARTMENT

CONSTRUCTION MANAGEMENT & MATERIAL TESTING

SERVICES
FOR

ELLIS LAKE AREA SANITARY SEWER IMPROVEMENTS CITY
PROJECT NO. 2447
City of Conc ord, Community Development Department
Engineering Services Division - CIP
1950 Parkside Drive, M/S 40
Concord, CA 94519
ATTN: Ali Hatefi
Exhibit A to Attachment 3

Page 5 of 33 ends

Ellis Lake Area Sanitary Sewer Improvements
City of Concord
CM & Materials Testing Services
City Project No. 2447 Subconsultant Utilization 9.27%

HOURS COST HOURS COST HOURS COST
714 $124,948.35 714 $124,948
93 $24,645.00 93 $24,645
1,082 $189,702.69 1082 $189,703
40 $10,600.00 40 $10,600
25 $6,625.00 25 $6,625
142 $33,436.65 142 $33,437
2,096 $389,957.69 2,096 $389,957.69
$39,844.26
TOTAL PROJECT COST $389,957.69 $39,844.26 $429,801.95
$39,844.26

ANTICIPATED SALARY INCREASE

TOTAL DIRECT LABOR HOURS

TOTAL OTHER DIRECT COST
Project Administration
Construction Inspection
Materials Testing
Quality Assurance
Public & Community Relations
Post Construction
Dewberry Applied Materials &
Engineering, Inc. TOTAL
2/28/2022

Page 6 of 33 ends

Ellis Lake Area Sanitary Sewer Improvements
City of Concord
City Project No. 2447
CM & Materials Testing Services
.
.

Principal In
Charge,
Howard Zabell

PM / RE,
Robert
Shackelford
Construction
Inspector**,
Erick Mendoza
(Straight)**
Construction
Inspector**,
Erick Mendoza
(1.5 OT)**
Construction
Inspector**,
Erick Mendoza
(2.0 OT)**
Construction
Inspector**,
Erick Mendoza
(2nd Shift)**
Construction
Inspector**,
Jacob Gillmore
(Straight)**
Construction
Inspector**,
Jacob Gillmore
(1.5 OT)**
Construction
Inspector**,
Jacob Gillmore
(2.0 OT)**
Construction
Inspector**,
Jacob Gillmore
(2nd Shift)**
Office
Engineer,
Kirsten Newton
TASK

HOURS TASK COSTS
. Loaded Rate: $280.00 $265.00 $175.55 $197.30 $219.04 $190.75 $174.01 $196.10 $218.20 $189.20 $129.27 14 225 475 714 $124,948.35
93 93 $24,645.00
922 160 1082 $189,702.69
40 40 $10,600.00
25 25 $6,625.00
10 100 32 142 $33,436.65
. 24 483 922 160 507 2096 $389,957.69
Task # Task Name

TOTAL DIRECT LABOR HOURS
$389,957.69
ANTICIPATED SALARY INCREASE (see attached sheet)

TOTAL PROJECT COST
OTHER DIRECT COSTS (see attached sheet)
Dewberry
Prime
Materials Testing
Project Administration
Public & Community Relations
Quality Assurance
Construction Inspection
Post Construction

Page 7 of 33 ends

City of Concord
CONSTRUCTION MANAGEMENT, INSPECTION AND ADMIN SERVICES COST PROPOSAL for the Ellis Lake Area Sewer Dewberry Engineers
Project Fee Schedule
Project Staff Level of Service Estimate
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Calendar days 31 28 31 30 31 30 31 31 30 31 30 31
Work days 18 20 23 21 20 10 112
Preconstruction
Construction 0
Closeout
Estimated Fees
Position Name Totals
PIC Zabell 4 4 4 2 2 2 2 2 2 24
PM/RE Shackelford 20 48 55 65 80 75 55 45 40 483
RE/Insp Mendoza 60 117 150 170 145 160 90 30 922
Insp 2 Gillmore 40 40 40 40 160
OE/Admin Newton 30 70 70 75 70 70 72 50 507
Materials Testing AME
Monthly Subtotal 0 0 0 24 142 246 327 367 332 327 209 122 February 28, 2022
2022

Page 8 of 33 ends

Ellis Lake Area Sanitary Sewer Improvements
City of Concord
City Project No. 2447
CM & Materials Testing Services
.

Project
Manager,
Faiyaz
Mohammed
Special
Inspector
Group 1**,
TBD
Special
Inspector
Group 2**,
TBD
Special
Inspector
Group 3**,
TBD
Special
Inspector
Group 4**,
TBD
. $247.75 $152.08 $146.45 $126.14 $109.36
$39,844.26
$39,844.26
Applied Materials & Engineering, Inc.

Materials Testing
Project Administration
Quality Assurance
Construction Inspection
Materials Testing
Public & Community Relations
Task #
TASK

HOURS TASK COSTS
Post Construction
Task Name

TOTAL DIRECT LABOR HOURS
OTHER DIRECT COSTS (see attached sheet)

TOTAL PROJECT COST
ANTICIPATED SALARY INCREASE (see attached sheet)

Page 9 of 33 ends

Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
Consultant: X Prime Consultant Subconsultant 2nd Tier Subconsultant Project No. City Project No. 2447 Date:

DIRECT LABOR

24.0 $110 - $124 $2,665.75
483.0 $110 - $124 $50,774.14
922.0 $66 - $79 $64,208.41
$66 - $79
$66 - $79
$66 - $79
160.0 $63 - $69 $11,044.46
$63 - $69
$63 - $69
$63 - $69
507.0 $52 - $58 $25,998.96
$101 - $118
$98 - $114
$86 - $98
$84 - $97
$75 - $85
$72 - $81
$55 - $72
$40 - $63
$37 - $55
$35 - $50
$82 - $91
$78 - $88
$76 - $85
$73 - $81
$55 - $72
$52 - $61
$48 - $57
$37 - $48
$33 - $38
$68 - $74
$60 - $67
$53 - $60
$49 - $54
$40 - $48
$34 - $40
$57 - $88
$46 - $57
$38 - $47
$31 - $40
$25 - $32
$52 - $58
$45 - $51
$40 - $48
$36 - $42
$31 - $36
$24 - $33
$110 - $124
$98 - $116
$73 - $98
$73 - $79
$64 - $72
$56 - $65
$45 - $56
$78 - $97
$78 - $97
$78 - $97
$55 - $66
$46 - $55
$46 - $55
$55 - $66
$54 - $66
$52 - $58
$36 - $52
$36 - $42
$81 - $89
$71 - $78
$64 - $71
$53 - $60
$48 - $55
$42 - $50
$37 - $45
$32 - $39
$29 - $35
$76 - $85
$72 - $77
$71 - $71
$58 - $66
$53 - $57
$47 - $52
$39 - $46
$35 - $39
$32 - $35
2,096.0 $154,691.71

PROFESSIONAL VI

PROFESSIONAL V
$42.47
$86.72
$83.18
$80.70
$76.81
$63.71
$76.81ENGINEER V

ENGINEER IV

ENGINEER III
To Be Determined
To Be Determined
To Be Determined
$51.32
To Be Determined
Total

CADD TECHNICIAN V

PROFESSIONAL III

PROFESSIONAL II

PROFESSIONAL I

DESIGNER VI

DESIGNER V

DESIGNER IV

DESIGNER III

DESIGNER II

DESIGNER I
To Be Determined
$63.71
$51.32
$46.01To Be DeterminedENGINEER II
PROFESSIONAL IV $56.63
$52.39
$42.47
To Be Determined
To Be Determined
To Be Determined
To Be Determined
To Be Determined
To Be Determined
To Be Determined

CADD TECHNICIAN IV
To Be Determined
Howard Zabell*
Robert Shackelford*
Erick Mendoza (Straight)***
Erick Mendoza (1.5 OT)***
Erick Mendoza (2.0 OT)***
Erick Mendoza (2nd Shift)***
Jacob Gillmore (Straight)***
Jacob Gillmore (1.5 OT)***
Jacob Gillmore (2.0 OT)***
To Be DeterminedENGINEER I
To Be Determined
To Be Determined
To Be Determined
To Be Determined
To Be Determined
To Be Determined
To Be Determined

PROFESSIONAL IX

PROFESSIONAL VIII

PROFESSIONAL VII
$111.07
$105.12
$69.64
$78.27
$86.89
$75.67
$69.03
$77.79
$86.56
Note: Mark-ups are Not Allowed
Dewberry
EXHIBIT 10-H1 COST PROPOSAL Page 1 of 3

COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (DESIGN, ENGINEERING, AND ENVIRONMENTAL STUDIES)
Actual Hourly
Rate TotalHoursNameClassification/Title
$109.73
$106.19
$92.03
$90.26
$79.64
$75.05
$51.28
Jacob Gillmore (2nd Shift)***
Kirsten Newton*
To Be Determined

ENGINEER VII

ENGINEER VI
To Be Determined
To Be DeterminedPRINCIPAL
INSPECTOR VI **
INSPECTOR VI **
INSPECTOR VI **
INSPECTOR V **
INSPECTOR V **
INSPECTOR V **
INSPECTOR V **
Contract No.

Ellis Lake Area Sanitary Sewer Improvements
To Be Determined
To Be Determined

ENGINEER IX

ENGINEER VIII

ADMIN PROFESSIONAL IV

CONSTRUCTION PROFESSIONAL VII

CONSTRUCTION PROFESSIONAL VII
INSPECTOR VI **
$35.40
$70.79
$63.71
$56.63
$51.32
$44.24
$37.17
$72.56
CADD TECHNICIAN III To Be Determined $42.47
CADD TECHNICIAN II To Be Determined $35.40
CADD TECHNICIAN I To Be Determined $28.32
To Be Determined $54.86
TECHNICAL V To Be Determined $47.78
TECHNICAL IV To Be Determined $44.24
TECHNICAL III To Be Determined $38.94

TECHNICAL VI
TECHNICAL II To Be Determined $33.63
TECHNICAL I To Be Determined $28.32
CONSTRUCTION PROFESSIONAL VII To Be Determined $116.88
CONSTRUCTION PROFESSIONAL VI To Be Determined $107.14
CONSTRUCTION PROFESSIONAL V To Be Determined $85.71
CONSTRUCTION PROFESSIONAL IV To Be Determined $75.97
CONSTRUCTION PROFESSIONAL III To Be Determined $68.18
CONSTRUCTION PROFESSIONAL II To Be Determined $60.39
ADMIN ASSISTANT II To Be Determined $38.94
ADMIN PROFESSIONAL V To Be Determined $60.17
ADMIN PROFESSIONAL IV To Be Determined $54.86
ADMIN PROFESSIONAL III To Be Determined $44.24
$70.79
$61.94
$74.33
$51.32
$46.01
$40.71
$35.40
$31.86
$80.70

GEOGRAPHER/GIS V

GEOGRAPHER/GIS IV

GEOGRAPHER/GIS III

GEOGRAPHER/GIS II

GEOGRAPHER/GIS I

ARCHITECT IX
To Be Determined
To Be Determined
To Be Determined
CONSTRUCTION PROFESSIONAL I To Be Determined $50.65
INSPECTOR VII** To Be Determined $87.66
$84.95
$67.25
$56.63

GEOGRAPHER/GIS IX

GEOGRAPHER/GIS VII

GEOGRAPHER/GIS VI
To Be Determined
To Be Determined
To Be Determined
GEOGRAPHER/GIS VIII To Be Determined
2/28/2022
Range
INSPECTOR III ** To Be Determined $50.65
INSPECTOR III ** To Be Determined $50.65
INSPECTOR IV ** To Be Determined $60.39
INSPECTOR VII** To Be Determined $87.66
INSPECTOR VII** To Be Determined $87.66
INSPECTOR IV ** To Be Determined $60.39

ARCHITECT III

ARCHITECT II

ARCHITECT I
To Be Determined
To Be Determined
To Be Determined
To Be Determined
To Be Determined

ARCHITECT VIII

ARCHITECT VII

ARCHITECT VI

ARCHITECT V

ARCHITECT IV
To Be Determined
To Be Determined
To Be Determined
$74.33
To Be Determined
To Be Determined
To Be Determined
$54.86
$49.55
$42.47
$37.17
$33.63

Page 10 of 33 ends

Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
Consultant: X Prime Consultant Subconsultant 2nd Tier Subconsultant Project No. City Project No. 2447 Date:

Note: Mark-ups are Not Allowed
Dewberry
EXHIBIT 10-H1 COST PROPOSAL Page 1 of 3

COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (DESIGN, ENGINEERING, AND ENVIRONMENTAL STUDIES)
Contract No.Ellis Lake Area Sanitary Sewer Improvements 2/28/2022

LABOR COSTS
a) Subtotal Direct Labor Costs $154,691.71
b) Anticipated Salary Increases (Note 3)
Optional Anticipated Salary

INDIRECT COSTS
d1) Fringe Benefits (OFFICE Rate): 54.28% e)
f1) Overhead (OFFICE Rate): 97.97% g)
i)
d2) Fringe Benefits (FIELD Rate): 54.29% e) $83,982.13
f2) Overhead (FIELD Rate): 74.88% g) $115,833.15
i)
FIXED FEE k) 10%
l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary) Unit Cost
$500.00
$20.00
$30.00
$0.580
$75.00
$15.00
$150.00
$200.00
$350.00
$400.00
$300.00
m)
SUBCONSULTANT'S COSTS (add additional pages if necessary) 39,844.26$
39,844.26$
NOTES:

January 2020

6. Billing rate = (actual hourly rate)* ((1+ ICR) * (1+ Fee))+(actual hourly rate * FCCM). All costs must comply with the Federal cost principles for reimbursement.

Optional ODC's Subtotal
EDR Record Search EA
Trimble Rental Per Day
Outside Vendor Printing & Reproduction (Note 5)
c) TOTAL DIRECT LABOR COSTS [(a)+(b)]
j) INDIRECT COSTS BEFORE FCCM [(e) +(g) + (i)]
EA
Cultural Record Search EA
Quantity
Subconsultant 1: Applied Materials & Engineering, Inc.

Personal Vehicle
Rental Vehicle & Gas

5. Pre-approved actual costs are competitive prices from appropriate vendors in their respective industries, and supported by receipts. h1) General and Administrative (OFFICE Rate):

Description
Outside Vendor Printing & Reproduction (Note 5)
U.S. Mail
Overnight Mail Service
Total

3. Anticipated salary increases calculation (page 2) must accompany.

4. Pre-approved travel and per-diem costs will be reimbursed in conformance with the current Department of Transportation Travel and Expense Guide for Consultants.
$429,801.95
n) TOTAL OTHER DIRECT COSTS INCLUDING 2nd TIER SUBCONSULTANTS [(l) + (m)] TOTAL COST [(c) + (j) + (k) + (i) + (n)]
m) TOTAL 2nd TIER SUBCONSULTANT'S COSTS
All costs must comply with the Federal Cost Principles. Subconsultants will provide their own cost proposals.

2. The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognized agency or accepted by Caltrans.

1. Key Personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). l) TOTAL OTHER DIRECT COSTS
Research Fees
Base Project ODC's Subtotal
Unit
EA
EA
EA
Per Diem (At Current GSA Rate)
Mile
Day
EA
EA
$154,691.71
$199,815.28
$35,450.70
$39,844.26
TOTAL FIXED PROFIT [(c) + (j)] ×
fixed fee
Total Fringe Benefits [(c) × (d)]
Overhead [(c) × (f)]
h2) General and Administrative (FIELD Rate): Gen & Admin [(c) × (h)] Overhead [(c) × (f)]
Total Fringe Benefits [(c) × (d)]
Gen & Admin [(c) × (h)]
Tolls & Parking
o)Facilities Capital Cost of Money (Rate): FCCM [(o) × (c)]

Page 11 of 33 ends

Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
Certification of Direct Costs:

Prime Consultant or Subconsultant Certifying:

Name: Title*:

Signature: 2/23/2022
Email: Phone Number:

Address:

List services the consultant is providing under the proposed contract:

January 2020

4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures EXHIBIT 10-H1 COST PROPOSAL Page 3 of 3
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:

1. Generally Accepted Accounting Principles (GAAP)

2. Terms and conditions of the contract

3. Title 23 United States Code Section 112 - Letting of Contracts

5. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service

6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.

Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Rate(s).

Dennis Haglan Vice President
Transportation Design, Environmental Studies, Water/Wastewater Design, Public Outreach, and Construction Management
Date of Certification (mm/dd/yyyy):
[email protected] (916) 363-4210
11060 White Rock Road, Suite 200 | Rancho Cordova, CA 95670 *An individual executive or financial officer of the consultant’s or subconsultant’s organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.

Page 12 of 33 ends

Page 13 of 33 ends

Page 14 of 33 ends

Per Hour
1 Concrete/HMA Sampling, Group 3 $122.48
2 Compaction Testing, Group 3 $122.48
UNIT TEST COSTS Per Set
1 Concrete Compression, per set of 5 (includes pick-up) $350.00 2 Sieve Analysis, each $240.00
3 Sand Equivalent, each $125.00
4 Cleanness Value, each $280.00
5 Moisture Content, each $55.00
6 Concrete Aggregate Tests (2 Sieves, 1 Cleanness value, 2 moisture content, 1 sand eq.) $995.00 7 HMA JMF Verification or Production Startup, each $7,500.00 8 HMA Production Testing, each $4,500.00
9 Moisture-Density Curve or Cal Impact Test, each $350.00 10 Core Density, each $65.00
11 Emulsion Testing, each $1,500.00

OTHER COSTS
1 Project Management, per hour $240.53
2 Final Affidavit, each $400.00

BASIS OF CHARGES
Minimum charge per call-out, show-up: 4 Hours
Work from 4-8 hours: Actual Time
Travel to job site: Portal-to-Portal
Mileage to shop & jobsite: $0.60 per mile
Parking: To be provided
Work over 8 and up to 12 hours per day, or on Saturday, per hour Time & One Half Work over 12 hours per day, or on Sundays and Holidays, per hour Double Time

ELLIS LAKE AREA SS IMPROVEMENTS

CONCORD
MATERIAL TESTING FEES- QUALITY ASSURANCE - 2/23/22
A. HOURLY AND UNIT COSTS & BASIS OF CHARGES

INSPECTION RATES
The estimated fees are based on the following State & Federally mandated prevailing hourly inspection rates and unit tests costs, which is subject to an increase as determined by DIR.

Page 15 of 33 ends

1 Concrete $ 3,669.84
2 Hotmix Asphalt 13,239.84
3 Micro Surfacing 16,879.68
4 Soil/Aggregate 3,149.60
5 Mileage Allowance 500.00
6 Project Management 2,405.30
SUB TOTAL $ 39,844.26
1 Basis:
a) Concrete Sampling: 8 hours @ $122.48 per hour $ 979.84 b) Concrete Compression: 2 sets @ $350.00 each 700.00
c) Concrete Aggregate Tests: 2 sets @ $995.00 per set 1,990.00 $ 3,669.84
2 Basis:
a) Hotmix Sampling: 8 hours @ $122.48 per hour $ 979.84 b) JMF Verification or Startup Test: 1 @ $7,500.00 each 7,500.00 c) HMA Production Testing: 1 @ $4,500.00 each 4,500.00
d) Core Density 4 @ $65.00 each 260.00
$ 13,239.84
3 Basis:

Hotmix Asphalt
We are assuming one full day of paving and allocating for materials sampling and testing per the Construction Manual. We are budgeting for one production startup testing and one production testing. We are also budgeting an allowance to density test six cores (to be removed by the QC agency)

ELLIS LAKE AREA SS IMPROVEMENTS
B. DETAILED FEES BY DISCIPLINE

SUMMARY OF FEES

BASIS FOR FEES
For each of the disciplines requiring our services we have provided the basis used by us for determining the fees. The following is a summary of our testing and inspection fees, followed by a detailed breakdown:

MATERIAL TESTING FEES- QUALITY ASSURANCE - 2/23/22
Concrete
We are budgeting an allowance of 2, 4 hr trips for concrete sampling. One each trip, we will fabricate one set of 5 cylinders for compression testing and obtain one aggregate sample from the batch plant for concrete aggregate tests per the Construction Manual (Cleanness Value, sieve analysis, sand equivalent and moisture content).

Sub-Total
Sub-Total
Micro Surfacing
We are budgeting for testing eight emulsions per specification one eight aggregate samples.

Page 16 of 33 ends

a) Sampling: 16 hours @ $122.48 per hour $ 1,959.68
b) Emulsion Testing: 8 @ $1,500.00 each 12,000.00
c) Sieve Analysis: 8 @ $240.00 each 1,920.00
d) Sand Equivalent: 8 @ $125.00 each 1,000.00
$ 16,879.68
4 Base/Sub-Base Compaction
Basis:
a) Compaction Testing 20 hours @ $122.48 per hour $ 2,449.60 b) Moisture-Density Curve 2 @ $350.00 each 700.00
$ 3,149.60
5 20 trips @ $25.00 per trip $ 500.00
6 10 hours @ $240.53 per hour $ 2,405.30
TOTAL $ 39,844.26
We are budgeting an allowance of 5, 4hr trips for compaction testing and two moisture-density curves per ASTM standard.

Sub-Total
Project Management
Mileage Allowance
We are budgeting for testing eight emulsions per specification one eight aggregate samples.

Sub-Total

Page 17 of 33 ends

Page 18 of 33 ends

Page 19 of 33 ends

Location Map
Ellis Lake Area Sanitary Sewer Improvements—City Project No. 2447 Sewer Spot Repair
Sewer Line Improvement
Attachment 1

Page 20 of 33 ends

City of Concord
Bid Sheet
PROJECT #2447 Bid Opening:

Ellis Lake Area Sanitary Sewer
Improvements
Thursday,
March 24, 2022
2:00 p.m.

ZOOM
Engineer’s Estimate: $4,400,000 To be awarded:

COMPANY TOTAL BID
Bay Pacific Pipeline, Inc.

P. O. Box 1162
Novato, CA 94948
$2,887,545.00
California Trenchless Inc.
2315 Dunn Road
Hayward, CA 94545
$3,464,610.00
Devaney Engineering, Inc.
1641 Lombard St.

San Francisco, CA 94123
$3,858,592.00
Mitchell Engineering
1395 Evans Avenue
San Francisco, CA 94124
$4,091,682.00
Co
ntact: Tianjun Cao x3243
Attachment 2

Page 21 of 33 ends

AGREEMENT FOR PROFESSIONAL SERVICES
10/2021 1
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
THIS AGREEMENT ("Agreement") is entered into on May 3, 2022 between the City of Concord ("CITY") and Dewberry Engineers Inc., 11060 White Rock Road, Suite 200, Rancho Cordova, CA 95670 (“CONSULTANT”).

THE PARTIES ENTER THIS AGREEMENT based upon the following facts, understandings and intentions:

The CITY desires to contract with CONSULTANT to provide the professional services described in Section 2 of this Agreement, upon the terms and conditions hereinafter set forth.

NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and promises of the parties herein contained, the parties hereto agree as follows:

1. TERM. This Agreement shall commence on May 3, 2022 and expire on June 30, 2023.

2. SCOPE OF SERVICES. Subject to such policy direction and approvals provided by the CITY's Authorized Representative, CONSULTANT shall perform the services described in detail in Exhibit A, Scope of Services. CITY retains all rights of approval and discretion with respect to the projects and undertakings contemplated by this Agreement.

3. PAYMENT. 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, shall in no event shall the amount CITY pays CONSULTANT exceed four hundred twenty-nine thousand eight hundred one dollars ($429,801.95) for the term of this Agreement. Any Amendment to this Agreement that includes an increase to this compensation amount shall be made in accordance with Section 5 below.

CONSULTANT may submit monthly statements for services rendered; all statements shall include adequate documentation demonstrating work performed during the billing period. It is intended that CITY review such statement and pay CONSULTANT for services rendered within 30 days of receipt of a statement that meets all requirements of this Agreement. Payment by CITY shall not be deemed a waiver of unsatisfactory work, even if such defects were known to the CITY at the time of payment.

4. AUTHORIZED REPRESENTATIVES. Authorized representatives shall represent

Page 22 of 33 ends

10/2021 2
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
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CITY and CONSULTANT in all matters pertaining to the services to be ordered by CITY or rendered by CONSULTANT under this Agreement except where approval for the CITY is specifically required by the City Council. The CITY’s authorized representative is Bruce Davis, Interim City Engineer of the Community Development Department. The CONSULTANT’s authorized representative is Howard Zabell, Associate Vice President.

5. AMENDMENT TO AGREEMENT. This Agreement may be amended in writing, subject to approval by both parties. If additional services are requested by CITY other than as described in the above Scope of Services, this Agreement may be amended, modified, or changed by the parties subject to mutual consent and in accordance with the CITY’s Municipal Code by execution of an Amendment by authorized representatives of both parties setting forth the additional scope of services to be performed, the performance time schedule, and the compensation for such services.

A. Amendment for Additional Compensation. CITY’s Authorized Representative is authorized to execute amendments to the Agreement on behalf of CITY, including amendments providing for additional compensation to CONSULTANT not to exceed the Minimum Threshold, including the base contract amount, throughout the term of this Agreement. “Minimum Threshold” means the dollar amount over which Council approval is required during each fiscal year as set forth in Concord City Council Resolution 21-43 pursuant to Concord Municipal Code Section

3.10.040(a). The Minimum Threshold for Fiscal Year 2021-22 is $75,000 and increases by $5,000 each subsequent fiscal year such that by Fiscal Year 2026-27 the Minimum Threshold is $100,000. Any additional compensation to CONSULTANT that is greater than the Minimum Threshold, including the base contract amount, must be approved by City Council.

CONSULTANT’s failure to secure CITY’s written authorization for additional compensation or changes to the Scope of Services shall constitute a waiver of any and all right to adjustment in the price or time due, whether by way of compensation, restitution, quantum meruit, or similar relief.

6. INDEPENDENT CONTRACTOR. Both parties understand and acknowledge that CONSULTANT, its officers, agents, employees, volunteers and subcontractors are and shall at all times remain as to the CITY wholly independent contractors. Neither the CITY nor any of its officers, officials, agents, employees or volunteers shall have any control over the manner by which the

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CONSULTANT performs this Agreement and shall only dictate the results of the performance.

CONSULTANT shall not represent that CONSULTANT or its officers, agents, employees, volunteers or subcontractors are agents or employees of the CITY, and CONSULTANT shall have no authority, express or implied, to act on behalf of the CITY in any capacity whatsoever as an agent, and shall have no authority, express or implied, to bind the CITY to any obligation whatsoever, unless otherwise provided in this Agreement.

As an independent contractor, CONSULTANT shall not be eligible for any benefits, which the City may provide to its employees and all persons, if any, hired by CONSULTANT shall be employees or subcontractors of CONSULTANT and shall not be construed as employees or agents of the CITY in any respect. CONSULTANT shall receive no premium or enhanced pay for work normally understood as overtime, i.e., hours that exceed forty (40) hours per work week, or work performed during non- standard business hours, such as in the evenings or on weekends. CONSULTANT shall not receive a premium or enhanced pay for work performed on a recognized holiday. CONSULTANT shall not receive paid time off for days not worked, whether it be in the form of sick leave, administrative leave, or for any other form of absence. CONSULTANT shall pay all taxes, assessments and premiums under the federal Social Security Act, any applicable unemployment insurance contributions, Workers Compensation insurance premiums, sales taxes, use taxes, personal property taxes, or other taxes or assessments now or hereafter in effect and payable by reason of or in connection with the services to be performed by CONSULTANT.

7. STANDARD OF PERFORMANCE. CONSULTANT represents and warrants to CITY that CONSULTANT is skilled and able to provide such services described in the Scope of Services and that such services shall be performed in an expeditious manner, and with the degree of skill and care that is required by current, good, and sound procedures and practices. CONSULTANT further agrees that the services shall be in conformance with generally accepted professional standards prevailing at the time work is performed.

8. PERFORMANCE BY CONSULTANT. CONSULTANT shall not employ other consultants, subconsultants, experts, or contractors without the prior written approval of the CITY.

Notwithstanding the foregoing, CITY shall not be obligated or liable for payment hereunder to any party

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other than the CONSULTANT. CONSULTANT hereby designates the CONSULTANT’S representative as the person primarily responsible for the day-to-day performance of CONSULTANT'S work under this Agreement. CONSULTANT shall not change the CONSULTANT’S representative without the prior written consent of the CITY. Unless otherwise expressly agreed by the CITY, CONSULTANT'S representative shall remain responsible for the quality and timeliness of performance of the services, notwithstanding any permitted or approved delegation hereunder.

9. OWNERSHIP AND MAINTENANCE OF DOCUMENTS. All documents furnished by CONSULTANT pursuant to this Agreement are instruments of CONSULTANT’s services in respect to this project. They are not intended nor are represented to be suitable for reuse by others except CITY on extensions of this project or on any other project. Any reuse without specific written verification and adoption by CONSULTANT for the specific purposes intended will be at user’s sole risk and without liability or legal exposure and expenses to CONSULTANT, including attorney’s fees arising out of such unauthorized reuse.

CONSULTANT’s records, documents, calculations, and all other instruments of service pertaining to actual project shall be given to CITY at the completion of the project. The CITY reserves the right to specify the file format that electronic document deliverables are presented to the CITY.

Title to all plans, specifications, maps, estimates, reports, manuscripts, drawings, descriptions and other final work products compiled by the CONSULTANT under the Agreement shall be vested in the CITY, none of which shall be used in any manner whatsoever, by any person, firm, corporation, or agency without the expressed written consent of the CITY. Basic survey notes and sketches, charts, computations, and other data prepared or obtained under the Agreement shall be made available, upon request, to the CITY without restriction or limitations on their use. CONSULTANT may retain copies of the above-described information but agrees not to disclose or discuss any information gathered, discussed or generated in any way through this Agreement without the written permission of CITY during the term of this Agreement, unless required by law.]

10. INDEMNIFICATION.

A. For Design Professional Services Only. Pursuant to California Civil Code Section 2782.8, CONSULTANT agrees to indemnify the CITY (including its officers, officials, agents,

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employees and volunteers) against liability for claims against the CITY that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT in the performance of this Agreement. The CONSULTANT will reimburse the CITY for any expenditures, including reasonable attorney fees, incurred by the CITY in defending against claims ultimately determined to arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT.

B. For All Other Services. CONSULTANT agrees to defend, indemnify and hold harmless the CITY (including its officers, officials, agents, employees and volunteers) from and against all claims, demands, actions, losses, damages, injuries, and liability (including all attorney’s fees and other litigation expenses) arising out of the CONSULTANT’s performance under the terms of this Agreement. This indemnification obligation on CONSULTANT’s part shall not apply to the demands, actions, losses, damages, injuries, and liability arising out of the sole negligence or willful misconduct on the part of the CITY.

11. INSURANCE. CONSULTANT shall, at its own expense, procure and maintain in full force at all times during the term of this Agreement the following insurance:

A. Commercial General Liability Coverage. CONSULTANT shall maintain commercial general liability insurance with limits of no less than one million dollars ($1,000,000) combined single limit per occurrence or two million dollars ($2,000,000) aggregate limit for bodily injury, personal injury, and property damage.

B. Automobile Liability Coverage. CONSULTANT shall maintain automobile liability insurance covering all vehicles used in the performance of this Agreement providing a one million dollar ($1,000,000) combined single limit per occurrence for bodily injury, personal injury, and property damage.

C. Professional Liability Coverage (Errors and Omissions). CONSULTANT shall maintain professional liability insurance with coverage for all negligent errors, acts or omissions committed by CONSULTANT, its agents and employees in the performance of this Agreement. The amount of this insurance shall be not less than one million dollars ($1,000,000) on a claims made annual aggregate basis or a combined single limit per occurrence basis.

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D. Compliance with State Workers' Compensation Requirements.

CONSULTANT covenants that it will insure itself against liability for Workers' Compensation pursuant to the provisions of California Labor Code §3700, et seq. CONSULTANT shall, at all times, upon demand of the City, furnish proof that Workers' Compensation Insurance is being maintained by it in force and effect in accordance with the California Labor Code. The insurer shall also agree to waive all rights of subrogation against the CITY, its officers, officials, agents, employees and volunteers for losses arising from work performed by CONSULTANT for CITY. This provision shall not apply upon written verification by CONSULTANT that CONSULTANT has no employees.

E. Other Insurance Provisions. The policies are to contain, or be endorsed to contain the following provisions:
(1) Additional Insured. CITY, its officers, officials, agents, employees and volunteers are to be covered as an additional insured as respects: Liability arising out of activities performed by or on behalf of CONSULTANT and operations of CONSULTANT, premises owned, occupied, or used by CONSULTANT. The coverage shall contain no special limitations on the scope or protection afforded to CITY, its officers, officials, agents, employees or volunteers.

Except for worker's compensation and professional liability insurance, the policies mentioned in this subsection shall name CITY as an additional insured and provide for notice of cancellation to CITY. CONSULTANT shall also provide timely and prompt notice to CITY if CONSULTANT receives any notice of cancellation or nonrenewal from its insurer. (2) Primary Coverage. CONSULTANT'S insurance coverage shall be primary insurance with respect to CITY, its officers, officials, agents, employees and volunteers. Any insurance, risk pooling arrangement, or self-insurance maintained by CITY, its officers, officials, agents, employees or volunteers shall be in excess of CONSULTANT'S insurance and shall not contribute with it.
(3) Reporting Provisions. Any failure to comply with the reporting provisions of the policy shall not affect the coverage provided to the CITY, its officers, officials, agents, employees or volunteers.
(4) Verification of Coverage. CONSULTANT shall furnish CITY with

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certificates of insurance and the original endorsements effecting coverage required by this Agreement.

The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The aforementioned policies shall be issued by an insurance carrier having a rating of Best A-7 or better which is satisfactory to the City Attorney and shall be delivered to CITY at the time of the execution of this Agreement or before work commences. Such policies and certificates shall be in a form approved by the City Attorney. CITY reserves the right to require complete certified copies of all required insurance policies at any time.

13. SUSPENSION OF WORK. CITY may, at any time, by ten (10) days’ written notice, suspend further performance by CONSULTANT. All suspensions shall extend the time schedule for performance in a mutually satisfactory manner, and CONSULTANT shall be paid for services performed and reimbursable expenses incurred prior to the suspension date. During the period of suspension, CONSULTANT shall not receive any payment for services, or expenses, except for reasonable administration expenses, incurred by CONSULTANT by reason of such suspension.

14. TERMINATION. CITY may terminate this Agreement for any reason upon ten (10) days written notice to the other party. CITY may terminate the Agreement upon five (5) days written notice if CONSULTANT breaches this Agreement. In the event of any termination, CONSULTANT shall promptly deliver to the CITY any and all finished and unfinished reports or other written, recorded, photographic, or visual materials, documents, data, and other deliverables (“Work Materials”) prepared for the CITY prior to the effective date of such termination, all of which shall become CITY’s sole property. After receipt of the Work Materials, CITY will pay CONSULTANT for the services satisfactorily performed as of the effective date of the termination.

15. COMPLIANCE WITH CIVIL RIGHTS. During the performance of this contract, CONSULTANT agrees as follows:

A. Equal Employment Opportunity. In connection with the execution of this Agreement, CONSULTANT shall not discriminate against any employee or applicant for employment

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because of race, religion, color, sex, or national origin. Such actions shall include, but not be limited to, the following: employment, promotion, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection for training including apprenticeship.

B. Nondiscrimination Civil Rights Act of 1964. CONSULTANT will comply with all federal regulations relative to nondiscrimination in federally assisted programs.

C. Solicitations for Subcontractors including Procurement of Materials and Equipment. In all solicitation, either by competitive bidding or negotiations, made by CONSULTANT for work to be performed under a subcontract including procurement of materials or leases of equipment, each potential subcontractor, supplier or lessor shall be notified by CONSULTANT of CONSULTANT’S obligation under this Agreement and the regulations relative to nondiscrimination on the grounds of race, religion, color, sex, or national origin.

16. CONFLICT OF INTEREST.

A. CONSULTANT covenants and represents that neither it, nor any officer or principal of its firm, has, or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of CITY or which would in any way hinder CONSULTANT’s performance of services under this Agreement. CONSULTANT further covenants that in the performance of the Agreement, no person having any such interest shall be employed by it as an officer, official, agent, employee or subcontractor without the express written consent of the CITY. CONSULTANT agrees to at all times avoid conflicts of interest, or the appearance of any conflicts of interest, with the interests of the CITY in the performance of this Agreement.

B. CONSULTANT is not a designated employee within the meaning of the Political Reform Act because CONSULTANT:
(1) Will conduct research and arrive at conclusions with respect to its rendition of information, advice, recommendation or counsel independent of the control and direction of the CITY or of any CITY official, other than normal contract monitoring; and (2) Possesses no authority with respect to any CITY decision beyond the rendition of information, advice, recommendation or counsel. (2 Cal. Code Regs. § 18700(a)(2).)

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17. COMPLIANCE WITH LAWS. CONSULTANT shall comply with all applicable Federal, State of California, and local laws, rules, and regulations and shall obtain all applicable licenses, including a business license with the City of Concord, and permits for the conduct of its business and the performance of the services. CONSULTANT shall ensure that all of its officers, officials, agents, employees and subcontractors who: (i) enter CITY premises in connection with the services to be performed by CONSULTANT hereunder, and/or (ii) have in-person contact with CITY officers, officials, agents, employees, subcontractors and volunteers, and/or members of the public in connection with the services to be performed by CONSULTANT hereunder, comply with all applicable Federal, State of California, Contra Costa County, and local laws, rules, and regulations, whichever is the most restrictive, regarding COVID-19 or similar public health matters, including regarding vaccinations, testing, reporting, social distancing, social gathering, mask wearing, and associated requirements.

19. NON-WAIVER. The waiver by either party of any breach of any term, covenant, or condition contained in the Agreement, or any default in their performance of any obligations under the Agreement shall not be deemed to be a waiver of any other breach or default of the same or any other term, covenant, condition, or obligation, nor shall any waiver of any incident of breach of default constitute a continuing waiver of same.

20. ENFORCEABILITY; INTERPRETATION. In the event that any of the provisions or portions of application of any of the provisions of the Agreement are held to be illegal or invalid by a court of competent jurisdiction, CITY and CONSULTANT shall negotiate an equitable adjustment in the provisions of the Agreement with a view toward affecting the purpose of the Agreement. The illegality or invalidity of any of the provisions or portions of application of any of the provisions of the Agreement shall not affect the legality or enforceability of the remaining provisions or portions of

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application of any of the provisions of the Agreement. This Agreement shall be interpreted as though it was a product of a joint drafting effort and no provisions shall be interpreted against a party on the ground that said party was solely or primarily responsible for drafting the language to be interpreted.

21. INTEGRATION. All exhibits identified in this Agreement are attached hereto and incorporated herein by reference. The Agreement contains the entire agreement and understanding between the parties as to the subject matter of this Agreement. It merges and supersedes all prior or contemporaneous agreements, commitments, representation, writings, and discussions between CONSULTANT and CITY, whether oral or written.

22. SUCCESSORS AND ASSIGNS: NO THIRD PARTY BENEFICIARIES; NO JOINT VENTURE. CITY and CONSULTANT respectively, bind themselves, their successors, assigns, and legal representatives to the terms and obligations of this Agreement. CONSULTANT shall not assign or transfer any interest in the Agreement without the CITY's prior written consent, which consent shall be in the CITY’s sole discretion. Any attempted assignment or transfer in breach of this provision shall be void. This Agreement is not intended and shall not be construed to create any third party benefit. This Agreement is not intended and shall not be construed to create a joint venture or partnership between the parties. CONSULTANT, its officers, employees and agents shall not have any power to bind or commit the CITY to any decision.

23. FINANCIAL RECORDS. Records of CONSULTANT’s direct labor costs, payroll costs, and reimbursable expenses pertaining to this project covered by this Agreement will be kept on a generally recognized accounting basis and made available to CITY if and when required.

24. NOTICES. All notices required hereunder shall be in writing and mailed postage prepaid by certified or registered mail, return receipt requested, or by personal delivery to the CITY's address as shown below, or such other places as CITY or CONSULTANT may, from time to time, respectively, designate in a written notice given to the other. Notice shall be deemed received three (3) days after the date of the mailing thereof or upon personal delivery.

To CITY: Bruce Davis, Interim City Engineer
Community Development Department
City of Concord
1950 Parkside Drive
Concord, CA 94519-2578

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Phone: (925) 671-3470
Email: [email protected]
To CONSULTANT: Howard Zabell, Associate Vice President Dewberry Engineers Inc.

Suite 200
Rancho Cordova, CA95670
Phone: (916)919-1927
Email: [email protected]

25. NON-LIABILITY. No member of the CITY and no other officer, official, agent, employee or volunteer of the CITY shall be personally liable to CONSULTANT or otherwise in the event of any default or breach of the CITY, or for any amount which may become due to CONSULTANT or any successor in interest, or for any obligations directly or indirectly incurred under the terms of this Agreement.

26. EXECUTION . Each individual or entity executing this Agreement on behalf of Applicant represents and warrants that he or she or it is duly authorized to execute and deliver this Agreement on behalf of Applicant and that such execution is binding upon Applicant.

This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.

IN WITNESS WHEREOF, the parties have executed this Agreement in one (1) or more copies as of the date and year first written above.

CONSULTANT CITY OF CONCORD, a Municipal
Corporation
By:_________________________________ By:______________________________ Name: Howard Zabell Name: Valerie J. Barone
Title: Associate Vice President Title City Manager
Address: Suite 200 Address: 1950 Parkside Drive
Rancho Cordova,CA 95670 Concord, CA 94519
Telephone: (916)919-1927 Telephone: (925) 671-3150
Email: [email protected]
APPROVED AS TO FORM: ATTEST:

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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 $429,801.95. Account Code 7109500C999-74250 / 7102574117-74250 .

Finance Director's Signature

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Staff Report
Date: May 3, 2022
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: William Tarbox, Director of Public Works
Prepared by: Craig Blythe, Administrative Services Manager [email protected]
(925) 671-3141
Subject: Considering approval of an Amended and Restated Solid Waste Franchise Agreement with Mount Diablo Resource
Recovery in response to Senate Bill (SB) 1383.

CEQA: Not a project/ exempt per Public Resources Code
Section 21065, CEQA Guidelines Sections 15060(c)(3), 5378 and/or 15061(b)(3).

Report in Brief
The Solid Waste Franchise Agreement between the City of Concord (City) and its franchised solid waste hauler, Mount Diablo Resource Recovery (MDRR) must be amended in response to changes mandated by the legislature in Senate Bill (SB) 1383.

Recommended Action
Authorize the City Manager to execute Amendment 1 to the Amended and Restated Solid Waste Franchise Agreement with Mount Diablo Resource Recovery.

Background
MDRR is the City of Concord’s Franchise hauler, recycler and disposer of the City’s waste. Waste disposal includes garbage, recyclables, organic materials, construction and demolition debris, and drop box services. The City and MDRR have entered into several solid waste franchise agreements/amendments over the past eighty years; with the most current version adopted in 2019. This is the first amendment to the current franchise agreement.

4.i4.i4.i

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City Council Agenda Report
Agenda Item No. 4.i
May 3, 2022
The proposed amendment is in response to Senate Bill (SB) 1383, which went into effect on January 1, 2022. SB 1383 can be summed up as a requirement to divert food waste from being landfilled. The bill previously necessitated modifications to City municipal code to ensure compliance with the new law; these municipal code modifications occurred on November 9, 2021. The bill is also requiring operational changes and capital improvements including where solid waste is hauled, expansion and modification of existing facilities, new programs such as food waste recovery, education, and enforcement.

While MDRR can assist in implementation of many aspects of SB 1383, agencies like Concord ultimately bear responsibility for its implementation, which is why the franchise agreement with MDRR and the solid waste rates which support the cost of compliance must also be modified. Staff negotiated these modifications with MDRR while updating and seeking direction from the Infrastructure & Franchise Committee during public meetings held on March 25, 2021, June 28, 2021, November 8, 2021, February 9, 2022 and March 23, 2022.

Analysis
The proposed Franchise Agreement Amendment with MDRR (Attachments 1-2) broadly covers the main requirements of the law which can be delegated to a hauler, including:
 Compliance review for all accounts
 Customer container right-sizing assistance
 Container color and labeling compliance
 Outreach and education for all generators
 Route reviews
 Tagging for contamination discovered via route reviews  Evaluation of & recommendation to City on approval for waivers  Reporting by the hauler on any non-compliance observed  Identification of Tier 1 and 2 edible food generators within the City  State reporting for all activities listed above
The Amendment also contains the following additional provisions:
 Universal provision of organics service to all customers in a phased approach to be completed by January 1, 2024, unless the customer has an approved exemption or has refused service
 One full-time Recycling Coordinator employed by MDRR

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City Council Agenda Report
Agenda Item No. 4.i
May 3, 2022
 Funding from MDRR for one full-time enforcement officer employed by the City  Assistance from MDRR in meeting the City’s procurement target set by CalRecycle
 Base Year Rate Reviews occurring every five years (rather than every six years), which better aligns with the hauler’s depreciation schedules and industry standards
 Inclusion of food waste into the residential organics cart, to be accomplished by December 31, 2024 or at the time that the improvements to the transfer station located in Pittsburg are completed
Following the last Infrastructure & Franchise Committee meeting, which occurred on March 23, 2022, City staff and MDRR agreed to additional changes to the proposed amendment; specifically, modifications were made to Section 3(i) and 5.1(i)(E) (see Attachment 2). These changes were needed to clarify reporting responsibilities of MDRR and enforcement responsibilities of City staff. City staff and MDRR are in agreement on all terms as provided in the attached proposed Amendment.

In summary, the City must comply with the food waste diversion law which took effect on January 1, 2022. The City cannot comply with the new changes in State law unless the franchise agreement between the City and MDRR is amended to include these new responsibilities.

Financial Impact
Changes to MDRR’s operations to comply with SB 1383 and the proposed Amendment have been included in MDRR’s Base Year Rate Review, which is also on tonight’s Agenda. Because solid waste rates are increasing, the revenues associated with City’s franchise fee which is set at 13.5% will also increase proportionately.

Public Contact
The Agenda was posted.

Attachments

1. Amendment 1 to Amended and Restated Franchise Agreement

2. Redlined – Amendment 1 to Amended and Restated Franchise Agreement

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Attachment 1
1 AMENDMENT 1 TO RESTATED AND AMENDED

FRANCHISE AGREEMENT BETWEEN CITY OF CONCORD

AND CONCORD DISPOSAL SERVICE, DBA MOUNT DIABLO RESOURCE RECOVERY-

CONCORD
This Amendment #1 to Amended and Restated Solid Waste Franchise Agreement (this “Amendment”) is entered into as of [_____], 2022 between the City of Concord (“City”) and Concord Disposal Service, Inc., a California corporation dba Mount Diablo Resource Recovery- Concord (“Contractor” or “MDRR”).

WHEREAS, City and Contractor are parties to a franchise agreement dated April 15, 2019 (such agreement as amended, the “Agreement”);
WHEREAS, on November 9, 2021, the City Council adopted Ordinance No. 21-6 entitled, "An Ordinance Amending Concord Municipal Code Chapter 8.20 (Solid Waste)" in compliance with Senate Bill 1383, the Short-lived Climate Pollutant: Organic Waste Methane Emissions Reduction Act of 2016 (SB 1383);
WHEREAS, the parties wish to amend the Agreement to assist City in complying with the SB 1383 Regulations (as defined in Exhibit A to this Amendment); and WHEREAS, City intends to implement a 3-container Organic Materials collection service as contemplated by Section 18984.1 of the SB 1383 Regulations.

NOW, THEREFORE, the parties agree as follows:

1. Effective Date. This Amendment shall take effect July 1, 2022.

2. Definitions. For purposes of this Amendment, the terms set forth in Exhibit A, attached hereto and incorporated herein, shall have the meanings given to them in such exhibit.

3. City Compliance Officer and Recycling Coordinator.

Section 13.a. of the Agreement shall be replaced in its entirety as follows: “(a) Recycling Coordinator/Diversion Specialist. Contractor shall provide for the equivalent of one (1) full-time Recycling Coordinator/Diversion Specialist dedicated to the City, which equates to a minimum of 2,080 hours per Contract Year. Contractor may use a subcontractor as approved by the City to perform some or all the duties normally assigned to the Recycling Coordinator/Diversion Specialist, which such approval shall not be unreasonably withheld. (b) City Compliance Officer.

Contractor shall provide monthly payments to City for the City’s use in funding a full-time enforcement officer with duties of enforcing provisions of the franchise agreement with respect to:
(i) SB 1383 Enforcement: Enforcement of SB 1383 Regulations, such as administrative review of reported violations, issuance of Notices of Violation, and other enforcement action pursuant to the City’s municipal code as City deems necessary or appropriate. Contractor shall be responsible for receipt of complaints, initial investigation, documentation of violations, and submittal of reports (as provided in Section 5 (i) (E) of this Amendment) to the City. (ii) Illegal Debris Box Enforcement. Issuance of Notices of Violation and other enforcement action as allowed by the City’s municipal code.

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Attachment 1
2 (iii) Recycling Theft Prevention. Prevention of theft of Recyclables from customer Containers.

The remainder of Section 13 shall remain unmodified and in full force and effect.

4. Base Year Rate Adjustments.

Section 16.a. of the Agreement shall be replaced in its entirety as follows: “Base Year Rate Adjustments. MDRR may submit detailed Base Year rate applications to the City no more frequently than every five (5) years, with the next Base Year rate application being due by September 1, 2026 for the rate year starting July 1, 2027. Review of the Base Year rate application shall be in accordance with the Rate Setting Manual (Attachment A). The City shall have 180 calendar days to review and approve or deny the Base Year rate application.

Nothing contained herein shall prevent the City, in its sole discretion, from reviewing and considering adjustments to rates based on a Base Year rate application submitted by MDRR prior to the schedule described herein.”
The remainder of Section 16 of the Agreement shall remain unmodified and in full force and effect.

5. SB 1383 Requirements.

Section 40 shall be added to the Agreement as follows:
“(a) Three-Container Organic Materials Collection Services. (i) Phased Implementation. City and Contractor acknowledge that Contractor’s Organic Materials Collection routes must be expanded to satisfy the requirements of the SB 1383 Regulations. Beginning July 1, 2022 all new customers will be provided base level of collection service including Recycling Container, Organics Container and Garbage Container collection service. Between July 1, 2022 and December 31, 2023, Contractor shall continue to expand its Organic Materials collection service to existing customers within City. By January 1, 2024, Contractor shall provide Organic Materials collection service to all of its customers within City who are subscribed to and pay for Solid Waste collection service, unless (i) the customer is categorically exempted under City’s municipal code from the requirement to subscribe for Organic Materials collection service, (ii) the customer qualifies for and is granted a State- or City-issued waiver, or (iii) the customer refuses service. Contractor will work with customers to appropriately size collection containers such that source-separation of all materials is possible without any overflow of material, and if any disputes arise or overages occur, the City will make the final determination on proper container size.
(ii) Residential Food Waste Service. Contractor shall provide Food Waste collection in residential Organics Containers upon completion of the receiving facility that Contractor plans to construct at the facility identified in Exhibit B, or December 31, 2024, whichever is sooner. Contractor shall provide such outreach and education to residential customers as necessary and required by City to ensure that residential customers are aware and able to participate in the residential Food Waste program.

Page 5 of 27 ends

Attachment 1
3 (iii) Plastic Bags. Plastic bags, including compostable plastic bags, are not accepted in the City’s Organic Materials collection program unless otherwise determined mutually by City and Contractor.
(b) Container Colors.

5.1. (i) General Requirement. Contractor shall ensure that each Container that it newly purchases after July 1, 2022 and provides to a customer serviced under the Agreement conforms to the following color scheme: For collection of Garbage, carts shall be black, and bin lids shall be black; For collection of Recyclables, carts shall be blue and bin lids shall be blue; and for collection of Organic Materials, carts shall be green and bin lids shall be green. In addition, Contractor shall ensure that all Containers it uses to provide such services to customers serviced under the Agreement conform to such color scheme by January 1, 2036. Hardware such as hinges and wheels may be any color. (ii) Specific Material Types. Paper products and printing and writing paper, each as defined in the SB 1383 Regulations, may be placed in either the Recycling Container or the Organics Container. Carpet and textiles may not be placed in either the Recycling Container or the Organics Container.
(c) Container Labels.
(i) General Requirement. Contractor shall ensure that each Container that it newly purchases after July 1, 2022 and provides to a customer serviced under the Agreement shall be labeled or imprinted with language and/or graphics that clearly indicates the primary items accepted and the primary items that are Prohibited Container Contaminants for that Container type. Contractor may comply with this section by using model labeling provided by CalRecycle. All information on labels shall be provided in English and Spanish.
(d) Route Reviews.
(i) General Requirement. At least once annually, beginning in 2022, Contractor or its approved designee shall conduct a Route Review for each Hauler Route. The number of Containers to review per Hauler Route shall be calculated on the basis of the number of garbage accounts provided service by a specific Hauler Route for one week. For example, “Route A” collects garbage from 250 accounts, 4 days per week for a total of 1,000 accounts per week; include a minimum of 25 accounts for Route Review of “Route A”. For each Route Review of a Hauler Route, Contractor shall inspect at least the following minimum number of Containers, but may inspect more if Contractor deems necessary; and shall inspect all Containers placed for collection (including Recycling Containers, Organics Containers, and Garbage Containers). Each inspection shall involve lifting the Container lid and observing the contents, but shall not require Contractor to disturb the contents or open any bags. Contractor may select the Containers to be inspected at random, or (if mutually agreed with City) by any other method not prohibited under the SB 1383 Regulations. For the avoidance of doubt, Contractor shall not be required to annually inspect every Container on a Hauler Route.

Contractor shall include the results of each Route Review in its next regularly scheduled report to City, as required by Section 5(i) of this Amendment.

Route Size (# garbage accounts/ week) Minimum Number of Containers

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Attachment 1
4 Fewer than 1,500 25
1,500-3,999 30
4,000-6,999 35
7,000 or more 40
(ii) Notice of Contamination. If Contractor observes Prohibited Container Contaminants in a Container during a Route Review comprising ten percent or more of observable Container volume, Contractor shall notify the customer of the violation in writing. The written notice shall include information regarding the requirement to properly separate materials into the appropriate Containers. The notice may be left on the customer’s Container, gate, or door at the time the violation is discovered, and/or be mailed, e-mailed, electronically messaged or delivered personally to the customer within 30 days. Contractor may dispose of the contents of any Container found to contain Prohibited Container Contaminants and may charge a contamination fee not to exceed the fee approved by the City. The notice shall be provided in English and Spanish. (e) Compliance Reviews.
(i) General Requirement. At least once annually, beginning in 2022, Contractor shall review the records of its Commercial and Multi-Family customers in City that are subscribed for at least two (2) cubic yards per week of combined Solid Waste, Organic Materials and Recyclables service, to determine whether such customers are subscribed for Organic Materials collection service or have an applicable waiver. Contractor shall include the results of each Compliance Review in its next regularly scheduled report to City, as required by Section 12 5(i) of this Amendment. (ii) Site Visit Requirement. Contractor shall conduct a site visit to each Commercial and Multi-Family customer in City that is determined to (a) not be enrolled in 3-container Organic Materials collection service, and (b) not be eligible for a waiver based on the City determination. Contractor shall encourage those businesses to sign up for SB 1383 compliant Organics Materials service and provide educational material about the law’s requirements, at least one time every 3 years. All Commercial and Multi-Family customers in the City shall receive a site visit from Contractor to affirm proper sorting procedures and sizing of containers at least one time every 5 years. (f) Education & Outreach.
(i) Prior to July 1, 2022, and annually thereafter, Contractor shall provide the following to all its customers under the Agreement:
(ii) Information on the customer’s requirements to properly separate materials in appropriate Containers.
(iii) Information on methods for: the prevention of Organic Materials generation, recycling Organic Materials on-site, sending Organic Materials to community composting, and any other local requirements regarding Organic Materials. (iv) Information regarding the methane reduction benefits of reducing the landfill disposal of Organic Materials, and the methods of Organic Materials recovery contemplated by the Agreement.

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Attachment 1
5 (v) Information regarding how to recover Organic Materials. (vi) Information related to the public health and safety and environmental impacts associated with the landfill disposal of Organic Materials. (vii) The above information will be provided, at a minimum, through print and/or electronic media, and may also be provided through workshops, meetings and/or on- site visits. All information that SB 1383 requires the City to distribute shall be posted on Contractor’s website.
(viii) Contractor shall provide an educational webpage which includes downloadable copies of all the materials described in Section 8.1, as well as an educational brochure to be provided by City for edible food recovery outreach. (ix) Educational materials provided pursuant to the above shall be translated into Spanish.
(x) Contractor shall provide educational materials to customers discovered to be out of compliance with the requirements of the SB 1383 Regulations, and shall report a list of such customers as well as actions taken to the City on a periodic basis as required by City.
(xi) All information and materials shall be provided in English and Spanish. (g) Waivers. Contractor shall be responsible for the distribution, collection and evaluation of waiver applications as appropriate and provide the City a recommendation to accept or deny waiver requests. Contractor shall develop waiver application forms and shall provide them to City for City approval prior to use. Contractor shall evaluate requests for exemption or waiver from the Act’s requirements on the basis of physical space or de minimis generation and provide the City periodic recommendations and supporting documentation to deny or approve waivers, including a site visit and re-evaluation at least every five years as required by the SB 1383 Regulations.
(h) Edible Food Recovery. Contractor shall provide City with a list of Tier One commercial edible food generators located in their jurisdiction by July 1, 2022 and annually thereafter.

Contractor shall provide City with a list of Tier Two commercial edible food generators located within their jurisdiction by July 1, 2024 and annually thereafter. Upon request from Contractor, City shall use reasonable efforts without incurring significant additional costs to cooperate and consider methods for collecting information from customers and sharing such information with Contractor in an effort to assist Contractor with identifying the Tier One and Tier Two commercial edible food generators within the City.
(i) Reporting.

Beginning July 1, 2022, Contractor shall provide the following information to City annually, by February 15 of the year following the reporting year:
(A) For information provided by Contractor pursuant to each of Sections 7 and Section 8 above:

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Attachment 1
6 (i) Copies of all such information (including flyers, brochures, newsletters, invoice messaging, website and social media postings, emails, and other electronic messages).
(ii) The date the information was disseminated or the direct contact made. For website and social media postings, this shall be the date posted. (iii) To whom the information was disseminated or the direct contact made. For mass distributions such as mailings or bill inserts, Contractor may provide the type and number of accounts receiving the information, rather than listing each recipient individually.
(B) For Route Reviews and Compliance Reviews:
(i) The date the review was conducted.
(ii) The name and title of each person conducting the review. (iii) A list of the account names and addresses covered by the review. (iv) For Route Reviews, a description of each Hauler Route reviewed, including Contractor’s route number and a description of the Hauler Route area. (v) For Route Reviews, the results of such review (i.e. the addresses where any Prohibited Container Contaminants were found), and any photographs taken.
(vi) For compliance reviews that Contractor performs pursuant to Section 5(e) of this Amendment, the results of such review (i.e., Contractor’s findings as to whether the customers reviewed are subscribed for Organic Materials collection service, have an applicable waiver, or neither), and any relevant evidence supporting such findings (e.g. account records). (vii) Copies of any educational materials issued pursuant to such reviews. (C) Documentation relating to observed Prohibited Container Contaminants, whether observed during Route Reviews or otherwise:
(i) Copies of the form of each notice issued to customers for Prohibited Container Contaminants, as well as, for each such form, a list of the customers to which such notice was issued, the date of issuance, the customer’s name and service address, and the reason for issuance (if the form is used for multiple reasons).
(ii) The number of times notices were issued to customers for Prohibited Container Contaminants.
(iii) The number of Containers where the contents were disposed due to observation of Prohibited Container Contaminants.

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Attachment 1
7 (D) A description of Contractor’s process for determining the level of Container contamination under the Agreement.
(E) Reports to City on customers discovered to be out of compliance with the SB 1383 Regulations (based upon Contractor employee observation or complaints from the public), including a list of the customers, the type of violation (including not donating edible food, not providing Containers for customer use, and other compliance violations), actions taken to educate those customers, conditions and photographs, and contact information for those customers in order for the City to follow up on administrative review and potential issuance of Notices of Violation.

Such reports and other information requested by the City shall be provided quarterly or as required by City.
(F) A list of all recommended waivers for that calendar year, including copies of the waiver request form and other supporting documentation (may be provided electronically or over a web page) in accordance with Section 9. (G) A list of the Tier One and Tier Two generators, as applicable, in accordance with Section 10 of the Agreement.
(H) Contractor shall report on all activities as required by CalRecycle in advance of the City’s reports to CalRecycle on April 1, October 1, and August 1 annually thereafter as required.
(j) Procurement. City and Contractor hereby acknowledge a mutual intent to collaboratively work to meet the SB 1383 Regulations’ Recovered Organic Waste Product Procurement requirements. In addition to the compost giveaway activities currently underway, which consist of donating approximately 17.42 tons of compost to the City during calendar year 2021 , City and Contractor shall explore alternative compliance pathways including but not limited to increasing the use of qualifying compost and mulch on City-owned and managed land, leveraging the compost marketed by Contractor and affiliates to third parties as Direct Service Providers, and increasing compost and mulch giveaways to residents and businesses located within the City. Any costs incurred by MDRR under this subsection that are above the current costs incurred by Contractor to provide the services as described in this Section 13 shall be allowed to be recovered by MDRR as an “allowable cost” in the rate structure in accordance with the policies of the Rate Setting Manual.
(k) Annual Meeting. City and Contractor shall meet at least once annually to informally review SB 1383 implementation status and progress as well as Contractor’s revenues and expenses for the prior year.
(l) Section 18988.1 and 18988.2 Compliance. Pursuant to SB 1383, the Agreement, and this Amendment, Contractor is responsible for (among other things) compliance with the related sections of SB 1383, including delivery of all Solid Waste to properly permitted disposal facilities, transfer stations, recyclable materials processing facilities, organics processing facilities, and C&D processing facilities as listed in Exhibit B. The list may be amended from time to time by Contractor, subject to City approval of the amended list. City hereby approves delivery of Organic Materials to such facility(ies). Contractor shall comply with its obligations under this Amendment and the obligations that by operation of law are imposed upon it directly pursuant to Chapter 12 of the SB 1383 Regulations. In the event of Contractor’s failure to comply with this provision, City shall have the right to pursue any and all remedies available:

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Attachment 1
8 under the Concord Municipal Code including Chapter 1.05 (General Provisions) and/or Chapter 8.20 (Solid Waste) and Contractor shall be considered a “solid waste generator” for purposes of enforcement thereunder); under the Agreement (including declaring a Contractor default thereunder); at law; and/or in equity. To the extent City is subjected to fines and/or penalties for SB 1383 non-compliance relating to Contractor’s violation of SB 1393 or breach of this subsection, breach of this Amendment, or breach of the Agreement, Contractor shall reimburse City within 30 days of receipt of City’s invoice therefor.”

6. Future Changes. The parties acknowledge that future changes to this Amendment or the Agreement may be desirable to assist the parties with their respective compliance obligations under the SB 1383 Regulations or subsequent amendments thereto or interpretations thereof.

The parties agree to negotiate any such proposed changes in good faith. The foregoing shall not be deemed to limit either party’s rights or remedies under the Agreement.

7. Miscellaneous. In the event of any conflict between this Amendment and the Agreement, this Amendment shall govern. Section headings in this Amendment are for convenience only and shall not be used in the interpretation of this Amendment. This Amendment may be executed in counterparts and/or by electronic signature (e.g. DocuSign). As used in this Amendment, “including” and its variants mean “including without limitation.” All Parties have been represented by counsel in the preparation and negotiation of this Agreement, and this Agreement shall be construed according to the fair meaning of its language. The rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement. Unless the context clearly requires otherwise:
(a) the plural and singular numbers shall each be deemed to include the other; (b) the masculine, feminine, and neuter genders shall each be deemed to include the others; (c) “shall,” “will,” or “agrees” are mandatory, and “may” is permissive; (d) “or” is not exclusive; and (e) “includes” and “including” are not limiting
[Remainder of this page intentionally left blank]

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Attachment 1
9 IN WITNESS WHEREOF, this Amendment is entered into as of the date first written above.

City of Concord,
a California municipal corporation
By:

Name: Valerie J. Barone
Title: City Manager
Date:____________________________
APPROVED AS TO FORM:
________________________________
City Counsel
ATTEST:
________________________________
City Clerk
Concord Disposal Service, Inc.,
a California corporation dba Mount Diablo
Resource Recovery-Concord
By:

Name:

Title:

Date:____________________________

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Attachment 1
10 Exhibit A

DEFINITIONS
“Act” means the California Integrated Waste Management Act of 1989 (sometimes referred to as CIWMA or “AB 939”), Public Resources Code § 40000 and following as it may be amended, including but not limited to, the Jobs and Recycling Act of 2011 (AB 341), SB 1016 (Chapter 343, Statutes of 2008 [Wiggins, SB 1016]), the Mandatory Commercial Organics Recycling Act of 2014 (AB 1826), and the Short-Lived Climate Pollutants Bill of 2016 (SB 1383), and as implemented by the regulations of CalRecycle.
“Recycling Container” means a Container for the collection of Recyclables as defined in the Agreement.
“Container” means any Cart, Bin or Debris Box.
“Food Waste” means food scraps and trimmings from food preparation, including but not limited to: meat, fish and dairy waste, fruit and vegetable waste, grain waste, and acceptable food packaging such items as pizza boxes, paper towels, waxed cardboard and food contaminated paper products.
“Garbage Container” means a Container for the collection of Garbage, which does not include Organic Materials or Recyclables as defined in the Agreement. “Organics Container” means a Container for the collection of Organic Materials. “Hauler Route” means the designated weekly itinerary or sequence of stops scheduled to be performed by one collection vehicle providing regularly scheduled Solid Waste, Recyclables, or Organic Materials collection services (not on-call or Bulky Item/Abandoned Waste) within the Contractor’s collection service area under the Agreement. “Organic Materials” means wastes comprising material originated from living organisms and their metabolic waste products, including food, green material, landscape and pruning waste, clean unpainted/untreated wood (with no nails, wire, etc.), paper products, and printing and writing paper, but excluding textiles and carpets, manure, biosolids, digestate, sludges, non-compostable paper, Construction & Demolition Debris, and Hazardous Waste. No material shall be considered Organic Materials unless it has been segregated by the customer for separate collection. “Prohibited Container Contaminants” means any of the following:
(a) Non-Organic Materials placed in the Organics Container, including but not limited to textiles and carpets, manure, biosolids, digestate, sludges, non-compostable paper, Construction & Demolition Debris, and Hazardous Waste;
(b) Organic Materials placed in the Garbage Container that is specifically identified under the Agreement for collection in the Organics Container or Recycling Container; (c) Organic Materials placed in the Recycling Container that is specifically identified under the Agreement for collection in the Organics Container. Paper products and printing and writing paper may be considered acceptable and not considered Prohibited Container Contaminants if they are placed in the Recycling Container.

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Attachment 1
11 “Route Review” means a visual inspection of Containers along a Hauler Route for the purpose of identifying Prohibited Container Contaminants, which may include mechanical inspection methods such as use of cameras.
“SB 1383 Regulations” means the Short-lived Climate Pollutants (SLCP): Organic Waste Reductions regulations adopted by the California Department of Resources Recycling and Recovery (“CalRecycle”) in 2020.

For purposes of this Amendment, the following terms (whether or not capitalized) shall have the meanings given to them in the SB 1383 Regulations, unless the context indicates a different meaning was intended: biosolids, digestate, food, non-compostable paper, paper products, printing and writing paper, sludges.

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Attachment 1
12 Exhibit B

FACILITIES
Pittsburg Transfer Station
1300 Loveridge Rd, Pittsburg, CA 94565
Recology Blossom Valley
3909 Gaffery Road, Vernalis, CA 95385

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1 AMENDMENT 1 TO RESTATED AND AMENDED

FRANCHISE AGREEMENT BETWEEN CITY OF CONCORD

AND CONCORD DISPOSAL SERVICE, DBA MOUNT DIABLO RESOURCE RECOVERY-

NOW, THEREFORE, the parties agree as follows:

1. Effective Date. This Amendment shall take effect July 1, 2022.

2. Definitions. For purposes of this Amendment, the terms set forth in Exhibit A, attached hereto and incorporated herein, shall have the meanings given to them in such exhibit.

3. City Compliance Officer and Recycling Coordinator.

Attachment 2

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2 (iii) Recycling Theft Prevention. Prevention of theft of Recyclables from customer Containers.

The remainder of Section 13 shall remain unmodified and in full force and effect.

4. Base Year Rate Adjustments.

5. SB 1383 Requirements.

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3 (iii) Plastic Bags. Plastic bags, including compostable plastic bags, are not accepted in the City’s Organic Materials collection program unless otherwise determined mutually by City and Contractor.
(b) Container Colors.

Contractor shall include the results of each Route Review in its next regularly scheduled report to City, as required by Section 5(i) of this Amendment.

Route Size (# garbage accounts/ week) Minimum Number of Containers

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4 Fewer than 1,500 25
1,500-3,999 30
4,000-6,999 35
7,000 or more 40
(ii) Notice of Contamination. If Contractor observes Prohibited Container Contaminants in a Container during a Route Review comprising ten percent or more of observable Container volume, Contractor shall notify the customer of the violation in writing. The written notice shall include information regarding the requirement to properly separate materials into the appropriate Containers. The notice may be left on the customer’s Container, gate, or door at the time the violation is discovered, and/or be mailed, e-mailed, electronically messaged or delivered personally to the customer within 30 days. Contractor may dispose of the contents of any Container found to contain Prohibited Container Contaminants and may charge a contamination fee not to exceed the fee approved by the City. The notice shall be provided in English and Spanish. (e) Compliance Reviews.
(i) General Requirement. At least once annually, beginning in 2022, Contractor shall review the records of its Commercial and Multi-Family customers in City that are subscribed for at least two (2) cubic yards per week of combined Solid Waste, Organic Materials and Recyclables service, to determine whether such customers are subscribed for Organic Materials collection service or have an applicable waiver. Contractor shall include the results of each Compliance Review in its next regularly scheduled report to City, as required by Section 12 5(i) of this Amendment. (ii) Site Visit Requirement. Contractor shall conduct a site visit to each Commercial and Multi-Family customer in City that is determined to (a) not be enrolled in 3-container Organic Materials collection service, and (b) not be eligible for a waiver based on the City determination. Contractor shall encourage those businesses to sign up for SB 1383 compliant Organics Materials service and provide educational material about the law’s requirements, at least one time every 3 years. All Commercial and Multi-Family customers in the City shall receive a site visit from Contractor to affirm proper sorting procedures and sizing of containers at least one time every 5 years. (f) Education & Outreach.
(i) Prior to July 1, 2022, and annually thereafter, Contractor shall provide the following to all its customers under the Agreement:
(ii) Information on the customer’s requirements to properly separate materials in appropriate Containers.
(iii) Information on methods for: the prevention of Organic Materials generation, recycling Organic Materials on-site, sending Organic Materials to community composting, and any other local requirements regarding Organic Materials. (iv) Information regarding the methane reduction benefits of reducing the landfill disposal of Organic Materials, and the methods of Organic Materials recovery contemplated by the Agreement.

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5 (v) Information regarding how to recover Organic Materials. (vi) Information related to the public health and safety and environmental impacts associated with the landfill disposal of Organic Materials. (vii) The above information will be provided, at a minimum, through print and/or electronic media, and may also be provided through workshops, meetings and/or on- site visits. All information that SB 1383 requires the City to distribute shall be posted on Contractor’s website.
(viii) Contractor shall provide an educational webpage which includes downloadable copies of all the materials described in Section 8.1, as well as an educational brochure to be provided by City for edible food recovery outreach. (ix) Educational materials provided pursuant to the above shall be translated into Spanish.
(x) Contractor shall provide educational materials to customers discovered to be out of compliance with the requirements of the SB 1383 Regulations, and shall report a list of such customers as well as actions taken to the City on a periodic basis as required by City.
(xi) All information and materials shall be provided in English and Spanish. (g) Waivers. Contractor shall be responsible for the distribution, collection and evaluation of waiver applications as appropriate and provide the City a recommendation to accept or deny waiver requests. Contractor shall develop waiver application forms and shall provide them to City for City approval prior to use. Contractor shall evaluate requests for exemption or waiver from the Act’s requirements on the basis of physical space or de minimis generation and provide the City periodic recommendations and supporting documentation to deny or approve waivers, including a site visit and re-evaluation at least every five years as required by the SB 1383 Regulations.
(h) Edible Food Recovery. Contractor shall provide City with a list of Tier One commercial edible food generators located in their jurisdiction by July 1, 2022 and annually thereafter.

Page 20 of 27 ends

6 (i) Copies of all such information (including flyers, brochures, newsletters, invoice messaging, website and social media postings, emails, and other electronic messages).
(ii) The date the information was disseminated or the direct contact made. For website and social media postings, this shall be the date posted. (iii) To whom the information was disseminated or the direct contact made. For mass distributions such as mailings or bill inserts, Contractor may provide the type and number of accounts receiving the information, rather than listing each recipient individually.
(B) For Route Reviews and Compliance Reviews:
(i) The date the review was conducted.
(ii) The name and title of each person conducting the review. (iii) A list of the account names and addresses covered by the review. (iv) For Route Reviews, a description of each Hauler Route reviewed, including Contractor’s route number and a description of the Hauler Route area. (v) For Route Reviews, the results of such review (i.e. the addresses where any Prohibited Container Contaminants were found), and any photographs taken.
(vi) For compliance reviews that Contractor performs pursuant to Section 5(e) of this Amendment, the results of such review (i.e., Contractor’s findings as to whether the customers reviewed are subscribed for Organic Materials collection service, have an applicable waiver, or neither), and any relevant evidence supporting such findings (e.g. account records). (vii) Copies of any educational materials issued pursuant to such reviews. (C) Documentation relating to observed Prohibited Container Contaminants, whether observed during Route Reviews or otherwise:
(i) Copies of the form of each notice issued to customers for Prohibited Container Contaminants, as well as, for each such form, a list of the customers to which such notice was issued, the date of issuance, the customer’s name and service address, and the reason for issuance (if the form is used for multiple reasons).
(ii) The number of times notices were issued to customers for Prohibited Container Contaminants.
(iii) The number of Containers where the contents were disposed due to observation of Prohibited Container Contaminants.

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7 (D) A description of Contractor’s process for determining the level of Container contamination under the Agreement.
(E) Reports to City on customers discovered to be out of compliance with the SB 1383 Regulations (based upon Contractor employee observation or complaints from the public), including a list of the customers, the type of violation (including not donating edible food, not providing Containers for customer use, and other compliance violations), actions taken to educate those customers, conditions and photographs, and contact information for those customers in order for the City to follow up on administrative review and potential issuance of Notices of Violation.

Page 22 of 27 ends

8 under the Concord Municipal Code including Chapter 1.05 (General Provisions) and/or Chapter 8.20 (Solid Waste) and Contractor shall be considered a “solid waste generator” for purposes of enforcement thereunder); under the Agreement (including declaring a Contractor default thereunder); at law; and/or in equity. To the extent City is subjected to fines and/or penalties for SB 1383 non-compliance relating to Contractor’s violation of SB 1393 or breach of this subsection, breach of this Amendment, or breach of the Agreement, Contractor shall reimburse City within 30 days of receipt of City’s invoice therefor.”

The parties agree to negotiate any such proposed changes in good faith. The foregoing shall not be deemed to limit either party’s rights or remedies under the Agreement.

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9 IN WITNESS WHEREOF, this Amendment is entered into as of the date first written above.

City of Concord,
a California municipal corporation
By:

Name:

Title:

Date:____________________________
APPROVED AS TO FORM:
________________________________
City Counsel
ATTEST:
________________________________
City Clerk
Concord Disposal Service, Inc.,
a California corporation dba Mount Diablo
Resource Recovery-Concord
By:

Name:

Title:

Date:____________________________

Page 24 of 27 ends

10 Exhibit A

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11 “Route Review” means a visual inspection of Containers along a Hauler Route for the purpose of identifying Prohibited Container Contaminants, which may include mechanical inspection methods such as use of cameras.
“SB 1383 Regulations” means the Short-lived Climate Pollutants (SLCP): Organic Waste Reductions regulations adopted by the California Department of Resources Recycling and Recovery (“CalRecycle”) in 2020.

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12 Exhibit B

FACILITIES
Pittsburg Transfer Station
1300 Loveridge Rd, Pittsburg, CA 94565
Recology Blossom Valley
3909 Gaffery Road, Vernalis, CA 95385

Page 27 of 27 ends

Staff Report
Date: May 3, 2022
To: City Council Sitting as the Concord/Pleasant Hill Health Care District Board
From: Valerie J. Barone, City Manager
Reviewed by: Joelle Fockler, MMC, City Clerk
Prepared by: Neetu Salwan, Deputy City Clerk
[email protected]
(925) 671-3085
Subject: Considering the appointment of Niko Anagnostopoulos as a City of Concord representative to the John Muir Community Health Fund Board for a term ending December 31, 2025, due to an unscheduled vacancy created by the death of Dr.

Michelle Hernandez.

Report in Brief
The Concord City Council, sitting as the Concord/Pleasant Hill Health Care District Board, appoints three members to the John Muir Community Health Fund Board (CHF).

The CHF Board is responsible for governing the Community Health Fund, which is a tax-exempt, 501(c)3, nonprofit corporation and supporting organization to John Muir Health. The CHF functions as a grant making organization. Currently Planning Commissioner and Concord resident Raymond Barbour and Concord resident Carolyn Fong serve on the Board, and there is an unscheduled vacancy created by the death of Dr. Michelle Hernandez.

The City Council is being requested to appoint Niko Anagnostopoulos to the CHF for a term ending December 31, 2025, due to an unscheduled vacancy created by the death of Dr. Michelle Hernandez.

Recommended Action
Appoint Niko Anagnostopoulos as a Concord representative on the John Muir Community Health Fund Board for a term ending December 31, 2025.

4.j4.j4.j4.j

Page 1 of 32 ends

City Council Agenda Report
Agenda Item No. 4.j
May 3, 2022
Background
The City Council, sitting as the Concord/Pleasant Hill Health Care District Board is responsible for making three appointments to the John Muir Community Health Fund Board (CHF).

Board members are responsible for governing the CHF, which is a tax-exempt, 501(c)3, nonprofit corporation and supporting organization to John Muir Health. The primary governing responsibilities include vetting, awarding and monitoring grants, establishing grant making and operating policies, approving annual operating budgets, annually evaluating the Executive Director, and annually electing the officers for the Board of Directors
The Board members are not compensated for their service on the Board and must operate under the Community Health Fund bylaws.

Board member selection criteria for the three members appointed by the City of Concord are as follows:
a. All members shall be at least 18 years of age and reside within the City of Concord or Concord’s Sphere of Influence.
b. Members may be members of the elected Concord City Council, but limited to only two members of the City Council.
c. Members may not be employees of the City of Concord, nor may they be a vendor, contractor or consultant with active contracts or agreements with the City of Concord.
d. Members may be a member of one of Concord’s Boards and Commissions, but may not be currently serving as a member of the Concord/Pleasant Hill Health Care District Grant Committee.
e. The City Council serving as the Concord/Pleasant Hill Health Care District Board may elect at any public meeting to appoint up to two of its members to serve on the CHF Board prior to opening a recruitment for the remaining members.

Analysis
The CHF Board meetings are held quarterly, begin at noon, and usually last two hours.

A series of grant making and grant monitoring study sessions with nonprofit organizational leaders and consultants are held between Board meetings. Each session generally runs no more than three hours. Additional educational study sessions may be convened during the year to assess and improve the grant programs and grant making strategies, methods, or practices, or to enhance Board members’ understanding of their roles and responsibilities. The 2022 Calendar of Board Meetings and Study Sessions is attached (Attachment 2). Given the high level of engagement that is needed to sit on this Board, the Executive Director of the CHF has requested that whoever is chosen be committed to attending the scheduled board meetings and study sessions.

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City Council Agenda Report
Agenda Item No. 4.j
May 3, 2022
An unscheduled vacancy for the John Muir Community Health Fund Board was announced on January 25, 2022, City Council Meeting due to the death of Dr. Michelle Hernandez. Applications were due to the City Clerk by Friday, February 25, 2022.

The City Clerk received five applications from Brandy Leidgen, Jason Laub, Pablo Benavente, Julianne Averill, and Niko Anagnostopoulos. The Council Committee on Recreation, Cultural Affairs and Community Services (Obringer/Birsan) interviewed all five applicants at a Special Meeting on Thursday, April 14, 2022, and recommend Niko Anagnostopoulos to be appointed as a City of Concord representative to the John Muir Community Health Fund Board.

Public Contact
The City Council Agenda was posted.

Attachments

1. John Muir Community Health Fund Description of Board Member Responsibilities

2. John Muir Community Health Fund 2022 Calendar of Board Meetings & Study Sessions

3. Applications for John Muir Community Health Fund

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Description of Board Member Responsibilities
Title: Board Member, John Muir/Mt Diablo Community Health Fund (Community Health Fund)
Appointed by: The Community Health Fund has a ten-member governing board. The John Muir Association appoints five (5) of the members, the City of Concord appoints three (3) members and the City of Pleasant Hill appoints two members (2).

General Description of Responsibilities
Board members are responsible for governing the Community Health Fund, which is a tax- exempt, 501(c)(3), nonprofit corporation and supporting organization to John Muir Health.

The primary governing responsibilities include vetting, awarding and monitoring grants, establishing grantmaking and operating policies, approving annual operating budgets, annually evaluating the Executive Director, and annually electing the officers for the Board of Directors.

Governing Functions
 Participate in strategic planning sessions devoted to evaluating and updating the grant programs and application guidelines, including policies, procedures, funding objectives and strategic directions, and approve revisions as needed  Participate in the grantmaking process, which includes:
 Reviewing all requests for funding
 Participating in plan of action and proposal review meetings  Sharing one’s assessment of plans of action with fellow board members in strategic discussions leading to the development of funding recommendations for the Board’s approval
 Participate in study sessions with funded organizations to learn about progress achieved, problems encountered, and outcomes from conducting activities funded.  Participate in the process of reviewing and approving the annual operating budget  Participate, as requested by the Chairman and in accordance with established policies and procedures, in the annual process of evaluating the performance and compensation of the Executive Director
 Participate in the annual election of officers for the Board of Directors, including indicating a willingness to serve if nominated for an office Attachment 1

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Expected Commitment of Time
 Board meetings are held quarterly at the Community Health Fund office. Meetings begin at noon and last usually 2-hours.
 A series of grant making and grant monitoring study sessions with nonprofit organizational leaders and consultants are held between Board meetings. Each 2-day series of sessions generally runs no more than 3-hours.  Additional educational study sessions may be convened during the year to assess and improve the grant programs and grantmaking strategies, methods or practices, or to enhance Board members’ understanding of their roles and responsibilities.

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2/1/2022
2022 CALENDAR OF BOARD MEETINGS & STUDY SESSIONS
UPDATED January 2022 NOTE: DATES & TIMES SUBJECT TO CHANGE JANUARY:

Monday, January 24: 10:00 am – 11:45 am Fiduciary Training & Annual Meeting FEBRUARY:

Monday, February 14: 9:30 am – 11:30 am Study Session to Review Plans and Interim Progress & Board Meeting
Monday, February 28: 10:00 am – 12:00 pm Annual Board Retreat MARCH:

Monday, March, 21: 10:00 am –12:00 pm Racial Equity Study Session & Board Meeting May:

Monday, May 23: 10:00am – 2:15 pm Presentations: George Sauter, Chief Strategy Officer and Nevin Kessler, Foundation President, & Study Session To Review Plans JUNE:

Wednesday, June 22: 10:00am – 12:15pm Racial Equity Study Session & Board Meeting JULY:

Monday July 25: 10:00 am – 12:15 pm Study Session to Review Interim Reports OCTOBER:

Wednesday, October 26: 10:00am – 1:30pm Study Session to Review Plans and Draft 2021 Tax Return DECEMBER:

Monday, December 5: 10:00am – 12:00 pm Racial Equity Advisory Council Meeting Monday, December 19: 10:00am – 12:00 pm Presentation from JMH Community Health Improvement, Study Session to Review Proposals & Board Meeting
Attachment 2

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Subm t Date: Feb 26, 2022
irs Name Las Name
mail Address
S ree Address Sui e or Ap
Ci y S a e Pos al Code
Primary Phone Al erna e Phone
mployer Job i le Occupa ion
C ty of Concord
Profile

HOME ADDRESS
Number of years at above address:
36 Number of years in Concord:
36 Number of years in the county:
36 Number of years at employer:

Employer Address
Which Boards would you like to apply for?
John Mu r Commun ty Hea th Fund Board: Subm tted
N ko Anagnostopou os
Ka ser Equ pment Techn c an Hea th Care
Niko G Anagnostopoulos
Attachment 3

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Niko Anagnostopoulos

Professi
onal Summary

Over fifteen years of experience in a healthcare setting as a direct patient care provider. I specialized in areas of high-risk and emergent medical situations. I have a demonstrated ability to work in a labor management environment. I maintain a strong reputation for achieving high levels of patient satisfaction and compassionate care.

Professional Experience

Chief Financial Officer
Kaiser Division

Service Employees International Union
United HealthCare Workers-West, California

May 2012 to March 2014:

The financial officer serves as an advisor to the executive board. The primary role of the finance officer is to ensure fiscal accountability. In performing this function the officer is to review external and internal audits and regulatory examinations. The primary duties of the financial officers are to uncover any misuse of funds, including fraud. Secondary functions of the financial officers are to review the practices of the Union regarding handling of funds and administration of finances, to suggest improvements in these areas; including recommendation for improvements in the areas of risk management and internal controls.

Patient Mobility and Care Technician

Kaiser Foundation Hospitals
Walnut Creek, CA 94596

May 2006 to Present:

Deliver high-quality and compassionate treatment to our patient community. Actively participate in unit-based programs. Maintain sound, ethical and independent decision-making ability consistent with medical protocols. Be a disciplined, energetic employee who quickly establishes rapport with patients and colleagues. Perform tasks with a patient centered focus while attentively seeking opportunities for improvement of processes and treatments. Implemented new floor assignments based on evaluation of staffing requirements. Assist patients with healing and recovery after surgery. Provide care to patients on detox and withdrawal, medications, addiction, recovery. Treat patients with strokes, head traumas, comas and intracranial hematomas. Provide behavioral/emotional support and supervision for those with dementia and Alzheimer's. Assist patients with multiple chronic diagnoses including COPD and asthma. Obtain and record patients' temperature, pulse and blood pressure. Obtain vitals for a floor of 25 patients per shift. Work as part of team to ensure proper care of body mechanics and safety of patients. Assess patients in active withdrawal and provided interventions to manage physical and psychological withdrawal symptoms.

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Emergency Department Technician I/II

The Permanente Medical Group
Walnut Creek, CA 94596

March 1999 to April 2006:

Assist with direct patient care. Prepare patients by taking TPR, B/P, and data gathering. Assist MD/RN with procedure, positioning, draping, shaving, prepping and other treatments. Inventory, order, unpack and distribute supplies, forms and linens. Prepare requests, receives labs, x-ray reports and medical records. Perform venipuncture, electrocardiograms, and various skilled duties on a regular basis. Record patient’s medical history, vital statistics and test results in medical records. Developed and maintained quality care systems and standards, including but not limited to, creating and improving medical protocols/guidelines with a labor management partnership setting. Provide necessary health education training for patients. Treat patients with strokes, head traumas, comas and fractures. Assisted in a coordinated the review, revision and creation of an operational standard within the new emergency department.

Education and Training

2014
Licensed Life Agent
Proficient in accident and health, general and long term care, disability, and life policy insurance.

A.D. Banker & Company Concord, Ca. USA

2010
Licensed Vocational Nurse
Clinical and Lab time of 1,000+ hours in affiliated medical facilities and skills laboratory as required by the state of California licensure board. Didactic training correlates with lab and clinical education.

Coursework includes Geriatrics, Acute Care Nursing, Women's Health, Adult and Family Health.

Gurnick Academy of Medical Arts Concord, Ca. USA

2003
Associate of Arts Biological Science
Alpha Gamma Sigma Honorary Society
Leadership Associative Student Body of Diablo Valley College American Hellenic Educational Progressive Association
Vice President of Alpha Gamma Sigma Honorary Society
Controller of the Associative Student Body
Representative Appropriations Committee on Government Funding; Diablo Valley College Northern California State Representative of Alpha Gamma Sigma honors society The National Deans List 1999-2003
Diablo Valley College Pleasant Hill, Ca. USA

1999
High School Diploma General Education
Health Occupational Students of America-Sargent at Arms Leadership Associative Student Body
Ygnacio Valley High Concord, Ca. USA

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Subm t Date: Feb 23, 2022
irs Name La s Name
mail Address
S ree Address Sui e or Ap
Ci y S a e Pos al Code
Primary Phone Al erna e Phone
mployer Jo b i le Occupa ion
C ty of Concord
Profile

HOME ADDRESS
Number of years at above address:
8 Number of years in Concord:
10 Number of years in the county:
10 Number of years at employer:

Employer Address
Which Boards would you like to apply for?
John Mu r Commun ty Hea th Fund Board: Subm tted
Ju anne Aver
Danforth Adv sors Sen or D rector/Consu t ng CFO CFO
Julianne Averill

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Subm t Date: Feb 07, 2022
irs Name Las N ame
mail Address
S ree Address Sui e or Ap
Ci y S a e Pos al Code
Primary Phone Al erna e Phone
mployer Job i le Occupa ion
C ty of Concord
Profile

HOME ADDRESS
Number of years at above address:
3 Number of years in Concord:
18 Number of years in the county:
18 Number of years at employer:

Employer Address
Which Boards would you like to apply for?
John Mu r Commun ty Hea th Fund Board: Subm tted
Pab o Benavente
Turo
Sr. Po t ca & Government
Re at ons Manager Sr. Manager
Pablo Benavente

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Pablo Benavente

Experience
Turo, Senior Political & Government Relations Manager (Promoted) San Francisco, CA 07/18 – Present
• Drive Turo’s objectives relating state and federal government relations, and develop and maintain relationships with key legislators, organizations, committees and programs that impact Turo operations • Develop and execute jurisdiction-specific strategies to promote concept of carsharing while defeating efforts by incumbents to slow or inhibit our growth.
• Monitor all legislative and regulatory activities with impact on Turo, and develop engagement, inoculation and education plans to address each one.

NextGen America/ Fahr LLC, Bay Area Outreach Representative/ Political Manager San Francisco, CA 01/17 – 07/18
• Meet and develop relationships with local activists and organizations, liaise with local elected officials and their staff, attend local political and community events.
• Monitor local political campaigns for opportunities to engage, find and support partner organizations on NextGen positions, create and plan tours and events in the region.
• Recruit endorsements for NextGen positions on initiatives and campaigns and provide coalition materials and training SEIU Local 2015, Political Coordinator
SF Bay Area 03/15 – 04/17
• Coordinate political field activities, lobby visits, phone banking and events for our policy, legislative and electoral participation campaigns at the city, state and federal level
• Support contract and organizing campaigns, including rallies, press events and targeted employer activity • Establish and maintain relationship with elected officials and key elected staff

International Federation of Professional & Technical Engineers, Local 21, Political Organizer SF Bay Area 04/14 – 12/14
• Mobilize local union members, delegates, activists and community partners to volunteer for local campaigns • Campaign Manager, Yes on Proposition D (San Francisco) • Recruit, train, supervise and motivate members to meet campaign goals

Office of Congressman Sam Farr (D-CA), Congressional Aide Washington, D.C. 07/13 – 9/13
• Assisted Legislative staffers with research and analyzed pending policy issues • Focus on issues involving immigration reform and veteran affairs. • Represented staff members at congressional committee briefings. • Assisted with constituent casework.

Leadership Experience
The Panetta Internship for Public Policy
09/13 – 11/13
• Awarded a highly competitive Internship awarded to an undergraduate who demonstrates superior academic achievement, excellent oral communication skills, maturity, and leadership • Placed with Congressman Sam Farr

Education
California State University, East Bay, Hayward, CA
Bachelor of Arts in Political Science emphasis in Pre-Law 2010-2014 Minor in Music, 2014

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Subm t Date: Jan 27, 2022
irs Name Las N ame
mail Address
S ree Address Sui e or Ap
Ci y S a e Pos al Code
Primary Phone Al erna e Phone
mployer Job i le Occupa ion
C ty of Concord
Profile

HOME ADDRESS
Number of years at above address:
8 Number of years in Concord:
~13 Yrs
Number of years in the county:
30 Yrs
Number of years at employer:

Employer Address
Which Boards would you like to apply for?
John Mu r Commun ty Hea th Fund: Subm tted
Jason Laub
Laub Ventures, LLC Founder
Rea Estate Deve opment /
Des gn-Bu d
Jason Laub

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Education
California Polytechnic State
University, San Luis Obispo
Bachelor of Science
Construction Management
Business Minor
University of California, Los
Angeles
Various Real Estate Courses

Certifications
LEED Accredited Professional
US Green Building Council

Certified Professional
Constructor (CPC) #1903
American Institute of
Constructors
Licenses
Licensed General Contractor
California, Lic #942584
Licensed Real Estate Broker
California DRE #01997986
Boards & Commissions
Planning Commissioner
City of Concord

Healthy Development
Guidelines
City of Oakland
Technical Advisory Group
Member
Awards
Top 20 Under 40, 2016
Engineering News Record (ENR)

Jason M Laub, CPC, LEED AP

With over two decades of experience, Mr. Laub has managed and led the development, design, and construction to deliver a portfolio of award- winning commercial, multifamily and build-to-suit projects with a combined market value of $1.8bn.

In addition to Mr. Laub’s design, development and construction experience, he has served in various capacities for Nonprofit Public Benefit Corporations, Technical Advisory Groups to address healthy development guidelines for low-income and people

Qualifications for John Muir Community Health Fund

Experienced in evaluating business plans, ranking, and selecting partners 501c3 Health Equity & Food Justice, Manufacturing, Real Estate Development
Experienced in establishing & managing operating budgets for Nonprofit Public Benefit Corporation
Temescal Business Improvement District
Board of Director role for Nonprofit Public Benefit Corporation Temescal Business Improvement District)
Experienced in establishing & managing operating budgets for Nonprofit Public Benefit Corporation
Temescal Business Improvement District
Executive roles for multiple businesses
Senior Vice President, Nautilus Group
Chief Operating Officer, RAD Urban
Technical Advisory Group (TAG) Member
Technical Advisory Group (TAG) Member for the development of Healthy Development Guidelines for the City of Oakland. As a member of the TAG, in 2017, I met with community stakeholders, The City of Oakland and the Alameda County Department of Public Health regularly for 6 months to develop guidelines for healthy development to help address the fact that low-income communities of color bear disproportionate health risks when compared to their neighbors locally, regionally, and statewide.

Large Scale Rooftop Farms & Partnerships for Food & Health Equity Selected 501c3 partners to farm rooftops of multiple rooftops in Berkeley and Oakland, totaling over 1 acre of active farming.

Farms are managed by local community organizations and the produce is delivered to multiple community organizations and non-profits that serve low-income communities and people of color, including but not limited to UCSF Children’s Hospital, Moms for Housing, POOR Magazine & Wahpepahs Kitchen.

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Subm t Date: Jan 27, 2022
irs Name Las N ame
mail Address
S ree Address Sui e or Ap
Ci y S a e Pos al Code
Primary Phone Al erna e Phone
mployer Job i le Occupa ion
C ty of Concord
Profile

HOME ADDRESS
Number of years at above address:
7 Year
Number of years in Concord:
41 Years
Number of years in the county:

USA
Number of years at employer:

Employer Address
Which Boards would you like to apply for?
John Mu r Commun ty Hea th Fund: Subm tted
Brandy Le dgen
US Bank Bus ness Banker Banker
Brandy Leidgen

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COMMUNITY

ENGAGEMENT & IMPACT
❖ Engaged in local emergency disaster relief all over Northern California, which included Hope Foundation, Butte County Fire Survivors, Paradise Cal Fire, Santa Rosa Tubbs Fire, and Rosie the Riveter Trust Foundation. ❖ Heart for Hero award from the Kiwanis International Club for dedication to the Butte County Fire victims. ❖ U.S. Bank- Paycheck protection program.
❖ Measure Q Committee- City of Concord, 2017- Current
❖ US Bank- Organized 5 events to give back to essential workers. ❖ US. Bank- Organized an East Bay support local event including 6 non-profits. Recognized company wide and was showcased local news.
❖ Worked with the City of Concord in food distribution during the COVID 19 pandemic. ❖ Project Coordinator- Don Salvio Pacheco statue in downtown concord. ➢ 18-month project with the Concord Historical Society come to fruition with the dedication of a statue of Don Salvio Pacheco, at the Concord’s 150 Year celebration.
❖ Project Coordinator- for Concord Historical fundraiser for completion of refurbishing historical building.

PROFESSIONAL

EXPERIENCE
VP, BUSINESS BANKING DEVELOPMENT CONSULTANT ~ 2020-CURRENT U.S. BANK, WALNUT CREEK, CA
• Topflight Business Bank Consultant delivering and selling a full range of banking services to businesses totaling $2M TO $50M in Revenue.
• Top performer in business loans and acquisition for 2020 Totaling over $250,000 in revenue to the bank. • Top performer in PPP loans to the bank, over $32 million for 2020 and 2021. • Senior Banking Leader, proving critical in achieving key performance indicators by independently developing and implementing strategic business plans with Senior Leadership to align with U.S Bank’s corporate direction. • Top performer in PPP loans to the bank, over $32 million for 2020 and 2021.

VP, BUSINESS DEVELOPMENT OFFICER ~ 2015 -2019

WELLS FARGO, CONCORD, CA
• Top performer for 2019 new acquisition for closing a $72 million commercial card spend. • Differentiated Executive, identified winning business development strategies by understanding the client’s needs, challenging the status quo, and creating partnership opportunities for Wells Fargo to power performance, and production goals. • Played a key role in proactively leading a team of business partners to win business harnessing extensive cold calling for new • acquisition for businesses $5M to $50M.
• Devised training strategies utilizing expert tools & techniques, solidifying greater sales amongst staff, and invigorating the confidence to continually establish future bank success, and maintain profitable relationships. • Wielded top level executive leadership skills to develop and maintain viable business relationships with new customers, and internal business partners and propel a wide range of business solutions to empower explosive sales growth. • Cultivated effective and collaborative relationships with the key decision-makers, partners, COIs, and community leaders within the prospect organizations.

Leveraged existing C -Suite and Board relationships.

BUSINESS DISTRICT MANAGER, WELLS FARGO BANK ~ 2010 -2016

WELLS FARGO, CONCORD, CA
• Grew client portfolio of 6 successful Wells Fargo locations by learning the market and developing and executing region

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strategies to achieve goals specific to each store’s unique strengths and opportunities. • True maximizer, achieved captivating annual deposit, loan and referral sales results by developing new client relationships through networking with existing customers, leveraging COIs and making prospecting calls. • Partnered closely with the Branch Manager to empower consistent and quality relationship building and quality commercial and consumer referrals which steered remarkable sales opportunities to drive future business advancement. • Helmed morning huddles with the Branch Manager and the team on business strategy; delivered weekly group presentations to help educate and develop team members on acquiring new business relationships.

BUSINESS LOAN OFFICER ~ 2014

CITI BANK, PLEASANT HILL, CA
• Key driver in portfolio and underwriting loan volume totaling $1M for 35 branches in Northern California. • Fostered exceptional customer experience by overseeing the loan process from origination to close while concurrently providing on-going communication to customers and business partners.
• Engulfed formidable obstacles in attaining higher profit margins by aggressively negotiating on both product service pricing to the borrower.

PERSONAL BANKER ~ 2009 - 2010

WELLS FARGO, CA
• Solidified several new clients and strengthened existing business relationships by devising and executing business development and marketing plan strategies to attract and acquire new clients. • Increased revenue through loans, deposits, investments, and other banking products. Analyzed balances and sales trends to predict future performance and certify progress.

EDUCATION
• Contemporary Business Writing | Diablo Valley College, Pleasant Hill, CA • Contra Costa Leadership Academy ~ 2019
• Crucial Conversations
• Tony Robbins- Unleash the Power Within- June 2021

AFFILIATIONS
• Ambassador for Junior Achievement ~ San Francisco Bay area ~ 2020 – Present | • Board Member- Bi-Bett ~September 2019 – Present
• Measure Q Oversight Committee City of Concord ~ June 2015- Present • Board President ~ Community Network Capital ~ September 2019- Present • President Employee Engagement, BRG ~ U.S. Bank San Francisco Bay Market • President Volunteerism- Diversity and Inclusion, BRG ~ U.S. Bank San Francisco Bay Market • Board Member for Development Network, BRG ~ U.S. Bank San Francisco Bay Market • Rosie Riveters Trust ~ Fundraising Officer Rosie Riveters ~ June- 2018-Present

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Staff Report
Date: May 3, 2022
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kevin Marstall, PE, Director of Community Development Prepared by: Michael Hart, Assistant Planner
[email protected]
(925) 603-5821
Subject: Considering direction to staff and the applicant on Council’s willingness to consider an application for an amendment to the General Plan designation and zoning classification of a

0.86-acre site located at 1536, 1538, and 1540 Farm Bureau Road from Low Density Residential to Medium Density
Residential, which would allow for a density range of 11 to 32 units per net acre, where the current allowed density range is

2.5 to 10 units per net acre. APNs 114-280-049, -048, and -047.

CEQA: Not a project pursuant to Public Resources Code
Sections 21080(a), 21065, and/or CEQA Guidelines Section 15378.

Report in Brief
Dave Johnson (Applicant) filed an application on behalf of Broadmoor Properties, LLC for a General Plan Amendment (GPA), Zoning Map Amendment (ZMA), and Design and Site Review (DSR) for a 12-unit multifamily residential development on three contiguous parcels at 1536, 1538, and 1540 Farm Bureau Road with a combined area of 0.86 acres. The GPA and ZMA are to change the parcels’ General Plan land use and zoning designations from Low Density Residential (LDR) and Residential Single Family (RS- 10) to Medium Density Residential (MDR) and Residential Medium Density (RM), respectively.

Pursuant to Concord Development Code (CDC) Section 18.455.060, the City Council is the decision making authority on all GPAs and ZMAs, following review and

5.a5.a5.a5.a5.a

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City Council Agenda Report
Agenda Item No. 5.a
May 3, 2022
recommendation by the Planning Commission. The purpose of this study session and report is to obtain the Council’s feedback on whether the proposed GPA and ZMA warrant further consideration by the City through the formal review process. If, after hearing the Council’s feedback, the Applicant decides to proceed with the GPA and ZMA, the applications would go through the traditional review process requiring a hearing before the planning commission before returning to Council for consideration and a final decision. In order to maintain impartiality should this occur, during this study session Council should refrain from commenting on the merits, or lack thereof, of the applications and instead indicate whether they are willing to consider reviewing the desired zoning and general plan amendments.

Recommended Action
Direct staff to continue review and application processing of the proposed GPA, ZMA, and DSR. Council’s feedback and direction on this matter does not constitute an approval or position. If the application proceeds, it will be reviewed and processed in accordance with the CDC and State law (including CEQA), which will include public hearings by the Planning Commission and City Council1.

Background
The City’s current General Plan was adopted in 2007, followed by a comprehensive update of the CDC and zoning maps in August 2012. The current General Plan and Zoning designations for the subject properties are Low Density Residential and Residential Single-Family (RS-10), respectively, which allow for single-family dwellings at a density of 2.5 to 10 units per net acre, and a minimum lot size of 10,000 square feet (unless a project requests a Planned Development Use Permit under the Small Lot Development provisions).

On July 22, 2021, the Applicant applied for a GPA, ZMA, and DSR to amend the General Plan designation from Low Density Residential to Medium Density Residential and the Zoning designation from Residential Single-Family (RS-10) to Residential Medium Density (RM), to develop the site with two two-story multifamily buildings, totaling 12 dwelling units.

On August 3, 2021, the Development Advisory Committee (DAC), met to discuss the project and provided comments for the Applicant. On August 23, 2021, staff deemed the project incomplete.

On September 9, 2021, the Applicant submitted revised plans, which were reviewed by the DAC on September 21, 2021. The DAC provided additional comments, and staff again deemed the application incomplete on October 11, 2021. 1 Staff will provide Council with a detailed discussion and analysis of the proposed GPA, ZMA, and DSR if these items return for a decision at a future date.

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City Council Agenda Report
Agenda Item No. 5.a
May 3, 2022
On November 16, 2021, the Applicant hosted a Neighborhood Meeting with residents from the surrounding properties. Approximately ten neighbors attended the meeting and voiced concerns about the proposed project, which generally related to the proposed density and resulting impacts to privacy and parking.

The City Council is being asked to determine whether the City should consider allowing for the development of multifamily residential development on the subject site.

Analysis
As shown in the map below, the properties directly to the south have a General Plan designation of Medium Density Residential (orange area), while the subject site and properties to the north of the site have a General Plan designation of Low Density Residential (yellow area). The proposed GPA and ZMA would allow for the site to be developed with multifamily units, where single-family units are currently allowed. The proposed amendments would allow for a density range of 11 to 32 units per net acre, where the current allowed density range is 2.5 to 10 units per net acre. The proposed amendment would be similar in density with the properties to the south; however, would be more intensive than the existing properties to the north.

Figure 1: General Plan Land Use Map
Project Site

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City Council Agenda Report
Agenda Item No. 5.a
May 3, 2022
Staff has begun review of the proposed GPA, ZMA, and DSR, and believes the applications warrant further consideration through the formal review process. As noted above, the adjacent properties to the south have the same General Plan and zoning designations as proposed for the subject parcels, and therefore the proposal would not create a “spot zoned” island of higher-density land within a lower-density area. Further, the property is located on a Neighborhood2 street, which has a purpose to serve and connect residential areas with destinations such as homes, parks, schools, and neighborhood retail. Neighborhood streets are characterized to accommodate medium volumes of traffic and are generally designed for more intensive uses than Residential2 streets, which are characterized as quieter streets with low traffic volumes. Impacts typically associated with higher-density development, such as privacy and parking, can generally be mitigated through site planning and building design (e.g. setbacks, window placement) and landscaping (e.g. screening trees), as well as a condition requiring residents to park only on the project site and not in the neighborhood, which has been applied to recent similar projects. The proposed GMA and ZMA would also help meet the City’s housing need, as discussed below.

Regional Housing Needs Allocation (RHNA)
Under California Government Code Section 65583, local jurisdictions are required to zone enough land for a designated number of housing units per the Regional Housing Needs Allocation (RHNA). The City’s current RHNA (through 2022) is 3,478 units, and its RHNA for the next Housing Element planning period (through 2031) is 5,073 units.

The City has currently issued building permits for 555 units (16 percent) during the current RHNA cycle. Although development activity has increased in recent years, it is likely that housing production will continue to lag behind the RHNA goal, particularly in the lower-income categories.

The subject site is currently developed with one single-family residence, which would be demolished as part of the project. The two vacant parcels (1536 and 1538 Farm Bureau Road), which are landlocked by 1540 Farm Bureau Road, are identified as potential housing development sites with an estimated yield of two dwelling units towards meeting the RHNA requirement. The project as proposed would result in a net yield of 11 units of market-rate housing toward the City’s RHNA needs.

The proposed GPA and ZMA would allow for more units to be developed at the site than the current designations. They would also allow for a greater variety of housing product types, such as duplexes, attached single-family (i.e. condominiums or townhomes), and multifamily development.

Alternative
As an alternative, the City Council may provide feedback to the Applicant that the proposal does not warrant further consideration. The Applicant would then decide 2 Designation is from the Transportation Element of the General Plan.

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City Council Agenda Report
Agenda Item No. 5.a
May 3, 2022
whether to proceed with the applications. Leaving the current General Plan and zoning designations in place would continue to allow for single-family residential dwellings at a density of up to ten dwelling units per net acre with a minimum lot size of 10,000 square feet (unless a Small Lot Development is proposed), but would not allow the proposed multifamily residential project to proceed.

Environmental Determination
In accordance with Public Resources Code Sections 21080(a) and 21065, and CEQA Guidelines Section 15378, a study session on a GPA and ZMA does not constitute a decision to carry out or approve the proposed project, and thus is not subject to further review under CEQA. Any future projects for the site would be individually addressed under the California Environmental Quality Act.

Public Contact
The City Council Agenda was posted.

Attachments

1. Applicant’s Project Statement

2. Project Plans

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1536
Farm
Bureau
Road
Concord, CA
APPLICATION STATEMENT (9.9.21)
This application is for a proposed 2 story, 12 units (two bedroom with den), apartment rental project. The design goal was to create a well-articulated and sculpted building, with a variety of material and colors. which creates a unique statement in the area and provide much needed housing in Concord. Each two story unit is approximately 1,542 sf, will be approximately 23’6” height to the top of the highest roof. The site area is 37,417 sf. A 2 car garage is provided for each unit, and required guest parking is to the east.

Per the City of Concord General Plan , we are addressing the City's fair share of the regional housing need and specific State statutory requirements, while ultimately reflecting the vision and priorities of the local community, and providing more housing for the local area.

We are requesting rezoning the existing RS10 zoning parcels APN#114-280-047, 048, 049 to RM zoning, to provide more needed housing
Attachment 1

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JOHNSON

LY M A N

ARCHITECTS
Rick Stover & Associates
1620 North Main Street
Walnut Creek, CA 94596
925.933.2583

PROJECT SUMMARY
Ref North
Architect
Landscape Architect
Developer
Civil Engineer

PROJECT STATEMENT VICINITY MAP
Concord, California

PROJECT TEAM
Site

SHEET INDEX
Johnson Lyman Architects
1375 Locust St., #202
Walnut Creek, CA 94596
925.930.9690
A0
Humann Company, Inc..
1021 Brown Ave.,
Lafayette, CA 94549
925.284.0265
1536 Farm Bureau Road
Sreenivas Ramireddy
1125 Trowbridge Way
Danville CA 94506
925-351-4496
Parcel # 114-280-047, 048, 049
Site Area = 37,417 sf (.86 Acre)
Current Zoning - RS10
Proposed Zoning - RM - Medium Density
Max Density - 11-32 units/acre (14 units/acre proposed) Max Height = 40' (23' proposed)
Max Coverage = 60% (40% proposed)
Open Space Required = 200sf/units (240 sf/unit proposed) Construction Type = VB with Sprinklers
Occupancy Group = U & R2
12 - 2 story units @ 1,542 sf each
(Ground Floor = 546 sf)
(Second Floor = 996 sf)

10.12.21 The project proposes to amend the General Plan and rezone the property from RS10 zone to RM (Medium Density) zoning The project design theme has a contemporary vernacular, with varied forms and materials that create a unique statement for the neighborhood.Three varied palettes of material and colors are dispersed thru the project.

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PE1
Parking Required = 27 cars
12 units @2 cars/unit = 24
Guest Parking 12 units@1 Car/3 units= 4 cars
Parking Provided = 31 cars
FE1
C01
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C05
Fire Access Plan
Existing Topographic Plan
Preliminary Drainage/Grading Plan
Preliminary Utility Plan
Stormwater Control Plan
Stormwater Exhibit
Cover Sheet
Photo Context
Site Plan
Overall Elevations
Elevations
Elevations
Color/Material
Landscape Plan
Landscape Palette
Photometric Plan
Attachment 2

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JOHNSON

LY M A N

ARCHITECTS
1375 Locust Street, #202, Walnut Creek, CA 94596
925.930.9690 930.9039 fax

9.15.21Concord
1536 Farm Bureau Road
California PH1
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Photo Context

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Concord City CouncilMay 3, 2022

Concord City Council
May 3, 2022