Concord City Council
August 9, 2022

1 COUNCILMEMBERS
Dominic D. Aliano, Mayor
Laura M. Hoffmeister, Vice Mayor
Edi E. Birsan
Timothy A. McGallian
Carlyn S. Obringer
Civic Center
1950 Parkside Drive
Concord, CA 94519
www.cityofconcord.org
Regular Meeting of the
Concord City Council/City
Council Sitting as the
Local Reuse
Authority/City Council
Sitting as the Concord –
Pleasant Hill Health Care
District
Tuesday,
August 9, 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, Wave Channel 29, and U-verse Channel 99 Watch the TV broadcast through the City’s website by following THIS LINK Watching Live Streaming of the meeting by following THIS LINK Join the Zoom webinar by following THIS LINK
2 How to Submit Public Comments:

Please note that emailed comments will not be read aloud by staff.

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 not 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/85259946530?pwd=L2JwR2VjSU1YVWlrQXJrYTVTS0Uvdz09 oWebinar ID: 852 5994 6530
oPasscode: 549375
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 Birsan

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. a. Written Public Comment

3. PRESENTATIONS
a. Presentation – of the proceeds from the Mayor's Cup Golf Tournament held May 20, 2022, to Jamie Maddox from the First Tee of Contra Costa and Chris Iglesias from the Unity Council. Presentation by Mayor Aliano. b. Presentation – of Business Recognition Awards to Sai Willow Ventures, LLC; Jim's Auto Body; and Kinder's Meats & Deli. Overview of program and presentations by Robert Carrera, Economic Development Specialist.

Introduction by Mayor Aliano.
c. Presentation – by Supervisor Karen Mitchoff and Director of Behavioral Health Services Suzanne Tavano on Contra Costa Health Services A3 - Anyone Anywhere Anytime Community Crisis Response. Introduction by Mayor Aliano.
d. Presentation – financial update on the Central Contra Costa Sanitary District by Danea Gemmell, Planning and Development Services Division Manager.

Introduction by Mayor Aliano.

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

HEALTH CARE DISTRICT (CPHHCD) CONSENT CALENDAR
The public is entitled to address the City Council/LRA/CPHHCD on items appearing on the Consent Calendar before or during the City Council’s/LRA’s/CPHHCD’s consideration of the Consent Calendar. Adoption of the Consent Calendar may be made by one motion of the City Council/LRA/CPHHCD, 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. 4 CITY COUNCIL CONSENT CALENDAR
a. Considering – approval of the minutes from the June 7, 14, 16, and 21, 2022, meetings. Recommended by the City Clerk.
b. Considering – the following:

1. Award of construction contract in the amount $239,000.00 to Clark Roofing Inc. for the Library Roof Replacement Project (Project No. 2569); authorize Staff to utilize the available project contingency for contract change orders that become necessary up to 10% of the contract amount; and authorize the Mayor to execute the contract in a form acceptable to the City Attorney; and

2. Approval of a budget transfer in the amount of $70,000 to the Library Roof Replacement Project (Project No. 2569) from PJ 2592 (Building Maintenance - Holding Account, Fund 630). Recommended by the Director of Community Development.

CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(2), 15061(b)(3), 15273, 15378, 15301, and 15302 and/or Public Resources Code Section 21065.
c. Considering – adoption of a Resolution amending Policy & Procedure No. 4 - Use of the Official City of Concord Flag. Recommended by the Assistant City Manager.

CEQA: Not a project/exempt per Public Resources Code Section 21065, 14 Cal Code Regs. Sections. 15060(c)(2), 15060(c)(3), 15378, 15061(b)(2), 15061(b)(3) and/or 15378(b)(4).
d. Considering – adoption of a Resolution to amend the City’s Salary Schedule to reassign the Deputy City Clerk Classification from Pay Grade PGC-12 (annual salary range of $104,436 — $133,307) to Pay Grade M-5 (annual salary range of $100,260 — $137,856). Recommended by the Director of Human Resources.

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

DISTRICT CONSENT CALENDAR
e. Considering – adoption of a Resolution declaring the ability of the City Council, Local Reuse Authority, Concord/Pleasant Hill Health Care District, standing City Council Subcommittees, and all City boards, commissions (including the Planning Commission), and committees to continue to meet remotely, pursuant to AB 361. Recommended by the City Clerk. 5 CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, 14 Cal Code Reg. Sections 15060(c)(2), 15060(c)(3), 15061(b)(3) and/or 15378.

5. 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 – adoption of a resolution rescinding Resolution No. 22-45 and approving an exception to the 180 day waiting period to a hire a California Public Employees’ Retirement System (CalPERS) retired annuitant in accordance with Government Code Sections 7522.56 and 21224. Report by Kevin Halm, Provisional Police Lieutenant.

6. CORRESPONDENCE
Correspondence received at the City Council meeting will be listed here on the Annotated Agenda. a. July 28, 2022, Letter to Anthony Portantino, Chair, Senate Appropriations Committee, in support of AB 988 (Bauer-Kahan) Mental Health: Mobile Crisis Support Teams: 988 Crisis Hotline. Notice of SUPPORT (As Amended June 16, 2022)
b. July 28, 2022, Letter to Chris Holden, Chair, Assembly Committee on Appropriations in Opposition to SB 932 (Portantino): General plans; circulation element: bicycle and pedestrian plans and traffic calming plans

7. REPORTS AND ANNOUNCEMENTS
Closed Session Announcements
City Manager or Staff Reports
Council Reports

8. ADJOURNMENT
Next Meeting: Regular Meeting
Date: 8/23/2022 6:30 PM

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 6 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.

From: Donna Walton <[email protected]>
Sent: Tuesday, August 2, 2022 11:40 AM
To: City Clerk <[email protected]>
Cc: Obringer, Carlyn <[email protected]>; Hoffmeister, Laura <[email protected]>; Birsan, Edi <[email protected]>; McGallian, Tim <[email protected]>; Aliano, Dominic <[email protected]> Subject: Look for new solutions for the unhoused in Concord City clerk, please enter this email into the comments before the city council meeting. "There is information circulating that the people camping on the lot next to the Police Station are going to be forced to leave. In January, when campers were removed from the BART lot, several police officers told Concord citizens that it would be ok for them to camp at the Police Lot.

Presently, there are no legitimate locations in the city of Concord for the homeless to camp They can get swept by the police; then they move; then they are swept by the police again. No portapotties, wash stations, or dumpsters are placed near where they camp, so the sites can become trashy. No one is happy with the situation.

Because of a 2018 ruling by the 9th Circuit Court of Appeals that found it unconstitutional to ban encampments without sheltering people experiencing homelessness, every person whose camp is swept must be offered shelter that actually exists and is adequate (not under Covid Quarantine). Wouldn’t it be better to set aside a safe, legal location for them to camp, where they can access services? “ Thank you, Donna Walton 4137 Salem Street concord 94521.

2.a2.a

• There has been a lack of transparency and disclosure during this entire process o initial invitation for the Community Workshop in July 2020 was sent out late, giving little more than 24hr notice before the meeting which precluded many residents from participating
o property owners were encouraged to meet with City Staff and project consultants to discuss the potential improvements, yet the City refused to consider any suggestions made as a result of these meetings o the absence of clear disclosure of the property owner’s responsibility for the liability, maintenance, repair and replacement of the sidewalks after construction is completed, when owners have now control over design and construction of the sidewalks.

These are not simply plans on paper, they impact the neighborhood and homeowners directly through the reality of daily use and aesthetics.

Thank You

Noelle Ortland

Concord, CA 94519

Business Recognition Awards
AUGUST 9, 2022
1 3.b

Introduction
2 ROBERT CARRERA, ECONOMIC DEVELOPMENT SPECIALIST, CITY OF CONCORD

Presentation of Awards
3 IZAMAR HERNANDEZ-HOOK, CHAIR OF THE BOARD, GREATER CONCORD CHAMBER OF COMMERCE

SAI WILLOW VENTURES, LLC
4 EMPLOYMENT | TAX REVENUE

JIM’S AUTO BODY
5 LONGEVITY

KINDER’S MEAT & DELI
6 LONGEVITY | COMMUNITY IMPACT

Congratulations
7

August 9, 2022
A3 Crisis Response:
anyone, anywhere, anytime

3.c

The Need
1 in 5 adults
experience mental
health issues
Third most
common
ambulance call
8,000+
visits to Psychiatric
Emergency Services
~ 200,000 people in Contra Costa County

Providing timely,
appropriate behavioral
health crisis services to
anyone,
anywhere at
anytime
in Contra Costa County.

The Entry Point
• Staffed by clinicians
• Triage behavioral health calls
• De-e scalate over the phone
• Dispatch response teams
• Goal: operate 24/7

A3 Miles Hall
Crisis Call Center open
Workflow
enhancements &
training with law
enforcement
Workflow, training &
tech enhancements
30% of patrol officers &
dispatchers trained
A3 campus
construction
50% of patrol officers
& dispatchers trained
A3 campus
construction
75% of patrol officers &
dispatchers trained
A3 campus open
100% of patrol officers &
dispatchers trained
Hours of operation:

Mon – Fri,
8 a.m. – 6:30 p.m.

Expand hours:

Saturday (8 hours)
Expand hours:

Sunday (8 hours)
Expand hours:
weekdays: 8 – 12 a.m.
weekends: + 8 hours
Expand hours:
weekends + 4 hours Operating 24/7
2 response teams 8 response teams 16 response teams 23 response teams 30 response teams 34 response teams Average response
time for field visits:
60> minutes
Average response
time for field visits:
50 minutes
Average response
time for field visits:
40 minutes
Average response
time for field visits:
30 minutes
Average response
time for field visits:
20 minutes
Average response
time for field visits:
10 minutes
Estimated Timeline & Goals
June – July
2022
Aug – Sept
2022
Oct – Dec
2022
Jan – Apr
2023
May – Aug
2023
Sept – Dec
2023
By Dec. 2023: 34 response teams, 10 min. response time, enhanced technology & A3 campus open The timing of these milestones is estimated & may change. Last updated 7/1/2022.

Where We Stand Today
• A3 Miles Hall Crisis Call Center open
M
onday – Friday, 8 a.m. – 6:30 p.m.
• Two response teams
• Average of 60 minutes (call & response time)
• 2 new hires & 1 candidate in the pipeline
• Refining triage process
• A3 campus construction project
• Collaborating on training
Over 40%
of calls are from
family or law
enforcement
Over 50%
of calls are about psychosis,
aggression or suicide
1 in 4
callers need an
in-person response

A3 Campus Construction
• Facility renovation – 1034 Oak Grove Road, Concord
• Anticipated opening by winter 2023
• A3 Services:
• Miles Hall Crisis Call Center
• Alternative destinations
• Peer Respite
• Recharge Center
• Urgent Care

A3 Campus Construction: Est. Timeline
Programming Phase June – July 2022
Schematic Design Phase July– August 2022
Design Docs August – October 2022
Construction Docs October – December 2022
Permit Schedule March 2023
Board Order April 2023
Out for Bid June 2023
Award Construction Contract July 2023
Construction July 2023 – January 2024Page 10 of 15
Addressing Community Concerns
• Parking
• Overnight services
• Recharge & respite centers
• Discharge plans

Visit: https://cchealth.org/a3 or scan the QR code with your mobile device

Staff Recruitment & Hiring
• Goal: 34 response teams
• Positions: 70+ response staff
• Facing a nationwide shortage of
be
havioral health workers
• Hired 2 new staff & 1 in the
pipe
line
• Apply at
c
chealth.org/a3/apply.php

Communications Tools for Download
Google Drive: bit.ly/32kd8yy
• Presentations
• Fact sheet
• Recruitment flyers
• Articles
• Images

THANK YOU

FY 2022-23
Financial
Update
Presenting to City of Concord
Danea Gemmell
Planning & Development Services Division Manager
August 9, 2022
Tad Pilecki
Board of Directors/Concord Liaison
Attending Virtually

3.d

Services Provided to
Concord-Clayton
• Wastewater Treatment
• Wastewater Conveyance
• Recycled Water
• Household Hazardous Waste Collection
Facility
• Storm Water Inspection
• Environmental Compliance
2

Concord’s Sewer Service Charges
are based on % Total Flow
3 31.9%

30.6%

31.2%

32.1% 32.2%

34.1%

33.5%

34.1%

32.3%

31.2%

28.0%

29.0%

30.0%

31.0%

32.0%

33.0%

34.0%

35.0%
2012-13 2013-14 2014-15 2015-16 2016-17 2017-18 2018-19 2019-20 2020-21 2021-22 Annual Average Wastewater Flow

• Household Hazardous Waste
Services (Per Capita Share)
• Capital Improvement
Projects –Treatment &
Recycled Water (Flow %)
• Operations & Maintenance -
Treatment Plant (Flow %)
4 Concord’s cost share for
service is based on 3
components
FY 2021-22 FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26
HHW $0.9 $0.9 $0.9 $1.0 $1.0
CIP $12.8 $8.5 $6.8 $13.4 $23.4
O&M $16.2 $17.0 $17.8 $17.8 $18.3
$0
$5
$10
$15
$20
$25
$30
$35
$40
$45
Concord Sewer Service Charge Projections

O&M CIP HHW
SSC projections provided to Concord in March 2021

Pension Costs Have been a Significant Factor
Affecting Our O&M Budget in Past Decade
5 • Typically, Labor related costs are about 75% of the O&M Budget • Pension UAAL costs have been the largest individual and most volatile benefit component

Long-term strategy to reduce costs
before impacting all customers
Paid off Pension Unfunded
Liabilities
• Certificates of
Participation issued in
June 2021 with effective
interest rate of 0.38%
• $70.8 million in
Unfunded Actuarial
Accrued Liability (UAAL)
Paid Off
• Projected savings of over
$15 million over the next
7 years
6 0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
$0
$20
$40
$60
$80
$100
$120
$140
$160UAAL (in millions)
Year ended 12/31
Pension Actuarial Results
UAAL Funded%

Central San financial accomplishments
that keep costs down
• Reimbursed $996,000 from the State Special District
COVID-19 Relief fund
• Finalized Solids Handling Phase 1A SRF Loan Agreement to fund up to $173.1M at 0.9% interest over 30-years
• O&M Budget for FY 2022-23
• Employee Benefits decreased $0.4 million
• UAAL Costs Overall decrease of $1.2 million
7

This translates to $8.2 million of O&M
savings for Concord
Assuming actuarial targets met for UAAL and OPEB, analysis projects approximately $8.2 million of savings in 9-year timeframe FY 21-22 through FY 29-30 following UAAL payoff8 $12.00
$14.00
$16.00
$18.00
$20.00
$22.00
$24.00
$26.00O&M Revenue (in Millions)
Annual Concord Reimbursement Trend (O&M)
Actual Projected - No UAAL Payoff Projected - With UAAL Payoff

Next Steps
9 • Our Finance Department is calculating Concord’s SSC invoice and will be issuing it within the month
• Anticipated savings for Concord based on UAAL pay-off and reduced flow percentage • Central San Board of Directors has requested staff to evaluate additional debt opportunities:
• SRF for future capital projects
• Bond opportunities if economic conditions are favorable

REGULAR MEETING OF THE

CONCORD CITY COUNCIL/CITY COUNCIL

SITTING AS THE LOCAL REUSE

AUTHORITY/CITY COUNCIL SITTING AS THE

CONCORD-PLEASANT HILL HEALTH CARE

DISTRICT

CITY COUNCIL CHAMBER
1950 PARKSIDE DRIVE

CONCORD, CALIFORNIA AND VARIOUS

TELEPHONIC/ELECTRONIC LOCATIONS
TUESDAY, JUNE 7, 2022
The Concord City Council met in a regular meeting in the City Council Conference Room, 1950 Parkside Drive, Concord, California, at 6:00 p.m. on Tuesday, June 7, 2022, with Mayor Aliano presiding.

Councilmember McGallian and Vice Mayor Hoffmeister were absent. Mayor Aliano opened a public comment period, and upon receiving no public comment, closed the public comment period. The meeting was recessed and immediately reconvened in a closed session for Conference with Legal Counsel – Existing Litigation (Paragraph (1) of subdivision (d) of Section 54956.9) Name of case: Anthony Thomas v. City of Concord, et al. Superior Court of California, County of Contra Costa, Case No. C21-01505 The meeting recessed at 6:25 p.m. to reconvene in open session in the City Council Chamber, 1950 Parkside Drive, Concord, California, and via various telephonic/electronic locations.

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, June 7, 2022, with Mayor Aliano presiding. The pledge of allegiance was led by Councilmember Obringer. Minutes follow in abbreviated form per Resolution 3361 and Council Minutes of September 26, 1966.

ROLL CALL
COUNCILMEMBERS PRESENT: Edi Birsan, Carlyn Obringer, Dominic Aliano COUNCILMEMBERS ABSENT: Laura Hoffmeister, Tim McGallian STAFF PRESENT:: Valerie Barone, City Manager; Thomas Capriola, Senior Assistant City Attorney; Justin Ezell, Assistant City Manager; Joelle Fockler, City Clerk; Neetu Salwan, Deputy City Clerk; Greg Taylor, Director of Information Technology; Mark Bustillos, Chief of Police; Steve Voorhies, Director of Parks and
Recreation; Kevin Marstall, Director of Community Development; Will Tarbox, Director of Public Works; Bruce Davis, Interim City Engineer; Abhishek Parikh, Deputy Director Public Works - Transportation; Joan Ryan, Community Reuse Area Planner

MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Elaine Schroth, Visit Concord; Mark Weinmann, Concord; Natalie

PUBLIC COMMENT PERIOD
Elaine Schroth, Visit Concord, announced Creative Concord 2022, where nine murals will be created and installed at various locations in the City, which launches on June 11th and runs through June 26, 2022.

Mark Weinmann, Concord and Concord Planning Commissioner, announced his resignation from the Concord Planning Commission effective June 16, 2022.

4.a4.a4.a4.a

City Council Minutes June 7, 2022
Natalie spoke about the drought and how water can be saved by not eating meat.

PRESENTATIONS

LEGISLATIVE UPDATE
Mayor Aliano introduced Niccolo De Luca, Vice President, Townsend Public Affairs, who presented a legislative update.

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

UPDATE ON PARKS AND RECREATION DEPARTMENT ACTIVITIES
Mayor Aliano introduced Barbie Gary, Program Manager, who provided an update on Parks and Recreation Department activities.

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

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

DISTRICT (CPHHCD) CONSENT CALENDAR

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

APPROVAL OF MINUTES – April 26, 2022
A motion was made by Birsan and seconded by Obringer to approve the minutes from the meeting of April 26, 2022. The motion passed by the following vote of the Council:

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

APPROPRIATION OF THE BALANCE OF HIGHWAY SAFTEY IMPROVEMENT PROGRAM (HSIP)

GRANT FUNDS
A motion was made by Birsan and seconded by Obringer to appropriate the balance of $3,016,900 of Highway Safety Improvement Program (HSIP) Grant funds from the State for Citywide Traffic System Upgrade Phase 2 Project, Project No. 2574, Citywide Protected Left-Turn Phasing Project, Project No. 2575, and Traffic Safety Around Schools, Project No. 2576. The motion passed by the following vote of the Council:

AYES: Birsan, Obringer, Aliano NOES: None ABSENT: Hoffmeister, McGallian APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT – Townsend Public Affairs A motion was made by Birsan and seconded by Obringer to approve a Professional Services Agreement with Townsend Public Affairs in the not to exceed amount of $90,000 for legislative advocacy services; and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney. The motion passed by the following vote of the Council:

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

City Council Minutes June 7, 2022
ADOPTION OF RESOLUTION NO, 22-40 - Use Permit Amendment for Concord Hampton Inn A motion was made by Birsan and seconded by Obringer to adopt a Resolution entitled, “A Resolution Approving a Use Permit Amendment for the Concord Hampton Inn to Allow for a Reduction of Three Parking Spaces from the Approved Parking for the Project Located at 1785 Pine Street (APN: 126- 291-023)(PL22035 – UPA).” The motion passed by the following vote of the Council:

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

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

CONSENT CALENDAR
ADOPTION OF CITY COUNCIL RESOLUTION NO. 22-41, LOCAL REUSE AUTHORITY RESOLUTION NO. 22-39, CONCORD-PLEASANT HILL HEALTH CARE DISTRICT RESOLUTION NO. 22-031 – Continue Meetings Remotely, AB 361
A motion was made by Birsan and seconded by Obringer to adopt Resolution No. 22-41, Local Reuse Authority Resolution No. 22-39, and Concord/Pleasant Hill Health Care District Resolution No. 22- 031 entitled, “A Resolution Declaring the Ability of the City Council, Local Reuse Authority, Concord/Pleasant Hill Health Care District, Standing City Council Subcommittees, and all City Boards, Commissions, and Committees to Continue to Meet Remotely Pursuant to AB 361.” The motion passed by the following vote of the Council:

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

CORRESPONDENCE
a. Letter to Assembly Budget Committee Chair Phil Ting re: 2022-23 Budget Request to Support GoMentum Station – June 1, 2022
b. Benched Correspondence, Agenda Item No. 6.a, Public Comment c. Benched Correspondence, Agenda Item No. 7.a, State Legislative Update d. PowerPoint Presentation, Agenda Item No. 7.a, State Legislative Update e. PowerPoint Presentation, Agenda Item No. 7.b, Parks & Recreation f. Benched Correspondence, Agenda Item No. 8.f, AB 361

CLOSED SESSION
Senior Assistant City Attorney Thomas Capriola reported out that the Council met in closed session at 6:00 p.m. pursuant to Conference with Legal Counsel – Existing Litigation (Paragraph (1) of subdivision (d) of Section 54956.9) Name of case: Anthony Thomas v. City of Concord, et al. Superior Court of California, County of Contra Costa, Case No. C21-01505, and there was no reportable action.

ADJOURNMENT
By order of the Mayor, the meeting was adjourned on June 7, 2022, at 7:41 p.m.

DOMINIC ALIANO
MAYOR

JOELLE FOCKLER, MMC

CITY CLERK

REGULAR MEETING OF THE

CONCORD CITY COUNCIL

CITY COUNCIL CHAMBER
1950 PARKSIDE DRIVE

CONCORD, CALIFORNIA AND VARIOUS

TELEPHONIC/ELECTRONIC LOCATIONS
TUESDAY, JUNE 14, 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 p.m. on Tuesday, June 14, 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: Edi Birsan, Lauran Hoffmeister, Tim McGallian, Carlyn Obringer, Dominic Aliano
STAFF PRESENT:: Valerie Barone, City Manager; Susanne Brown, City Attorney; Justin Ezell, Assistant City Manager; Joelle Fockler, City Clerk; Neetu Salwan, Deputy City Clerk; Greg Taylor, Director of Information Technology; William Tarbox, Director of Public Works; Kevin Marstall, Director of Community Development; Brenda Kain, Housing Manager; Mindy Gentry, Planning
Manager; Aaron Sage, Principal Planner

MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Laura Nakamura, Concord; D’Marco Anthony, Concord; David Schubb; Elena Lieberman; Leah Simon-Weisberg; J. Lawton; Rovy Lyn Antonio; Anthony; Joshua Howard; Charlie; Karen Hernandez; Sandra Tolento; Maria Miranda; Erica Flores; Guadalupe Tolento; Laura Ochoa; Betty Gabaldon; Ima Monson; Azucena Torres; Rocio; Millie Phillips; Kristi Laughlin; Ady Olvera; Mariana Moore: Rev. Sophie DeWitt; Alyssa Kang, California Nurses Association; Alex Werth, East Bay Housing Organization; Debra Ballinger, Monument Impact; Jennifer Morales; Cora Mitchell

PUBLIC COMMENT PERIOD
Laura Nakamura, Concord, spoke of gun safety and requested that the City Council adopt an Ordinance regarding the safe storage of firearms.

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

APPROVAL OF MINUTES – May 3, 10, and 24, 2022
A motion was made by Obringer and seconded by Hoffmeister to approve the minutes from the May 3, 10, and 24, 2022, meetings. The motion passed by unanimous vote of the Council.

ADOPTION OF RESOLUTION NO. 22-42 – General Municipal Election and Specifications of the Elections Order

City Council Minutes June 14, 2022
This item was pulled from consideration on the Consent Calendar by Concord resident D’Marco Anthony who spoke in opposition to a tie vote being decided by lot.

A motion was made by Obringer and seconded by Hoffmeister to adopt Resolution No. 22-42 entitled, “A Resolution Calling for and Ordering a General Municipal Election and Specifications of the Election Order for the Purpose of Electing a Total of Three Members of the City Council to Seats in Districts 1, 3, and 5, one Member for each District, and The City Treasurer, each for Full Terms of Four Years, and Requesting and Consenting to the Consolidation of Said General Municipal Election with the General Election to be Held on November 8, 2022.” The motion passed by unanimous vote of the Council.

AWARD OF CONTRACT, APPROVAL OF PROFESSIONAL SERVICES AGREEMENT, APPROVAL OF AN AMENDMENT TO CALTRANS’ COOPERATIVE IMPLEMENTATION AGREEMENT, AND APPROVAL OF BUDGET TRANSFERS – Hillcrest Park Regional Green Infrastructure Project (Project No. 2512
A motion was made by Obringer and seconded by Hoffmeister to:

1. Award a construction contract in the amount $3,842,741.50 to Ghilotti Bros., Inc. for the Hillcrest Park Regional Green Infrastructure Project (Project No. 2512); authorize staff to utilize the available project contingency for contract change orders that become necessary up to 5% of the contract amount; and authorize the Mayor to execute the contract in a form acceptable to the City Attorney.

2. Approve a Professional Services Agreement with UNICO Engineering in the not-to- exceed amount of $315,828.54 (base agreement of $300,789.09 plus staff authority to spend up to a 5% contingency of $15,039.45) to provide construction management, inspection, and materials testing services for the Hillcrest Park Regional Green Infrastructure Project (Project No. 2512); and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney.

3. Approve an amendment to Caltrans’ Cooperative Implementation Agreement with City, which provides additional funding in the amount of $800,000.00 from Caltrans, for construction of the Hillcrest Park Regional Green Infrastructure Project (Project No. 2512); and authorize the City Manager to execute the amendment in a form acceptable to the City Attorney.

4. Approve budget transfers in the total amount of $500,000 to the Hillcrest Park Regional Green Infrastructure Project (Project No. 2512), including: $66,551 from PJ 2373 (Gateway Blvd Median Replant, Fund 402); $156,820 from PJ 2372 (Park System Needs, Funds 400 and 401); $17,449 from PJ 1833 (Creek Drainage Improvements, Funds 270 & 400); $210,000 from PJ 2442 (Green Infrastructure Pilot, Fund 401) and $49,180 from PJ 2521 (Full Trash Capture Devices #4, Fund 270).

The motion passed by unanimous vote of the Council.

APPROVAL OF PROFESSIONAL SERVICES AGREEMENTS – 4LEAF, West Code Consultants, TRB and Associates, and Shums Coda Associates
A motion was made by Obringer and seconded by Hoffmeister to approve Professional Services Agreements in the amount of $500,000 each for five-year terms with 4LEAF, West Coast Code Consultants, TRB and Associates, and Shums Coda Associates for Plan Check and Building Inspection services, and authorize the City Manager to execute the agreements in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.

The Mayor then took the following agenda items out of agenda order.

City Council Minutes June 14, 2022

CORRESPONDENCE
a. Written Public Comment – Agenda Item No. 2
b. Benched Correspondence – Agenda Item No. 4.a, Housing Element Update c. PowerPoint Presentation – Agenda Item No. 4.a, Housing Element Update d. Benched Correspondence – Agenda Item No. 5.a, Residential Tenant Anti-Harassment Protection
e. Benched Correspondence Received After 3 p.m. on Meeting Day – Agenda Item No. 5.a, Residential Tenant Anti-Harassment
f. PowerPoint Presentation – Agenda Item No. 5.a, Residential Tenant Anti-Harassment

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

Mayor Aliano reported out from the Ad Hoc Committee to Advise the City Manager on Federal Legislative Efforts comprised of himself and Councilmember McGallian stating that they, along with staff, have been working with representatives from Congressman DeSaulnier’s, Senator Padilla’s, and Senator Feinstein’s offices, and Congressman DeSaulnier has moved forward $631,000 for accessible pedestrian push buttons, curb ramps, and traffic signal cabinets at 18 intersections; Senator Padilla’s office has moved forward with $1.5 million for the Monument Fiber Project and $1.5 million to upgrade street lights to LED; and Senator Feinstein’s office has moved forward with $500,000 to upgrade streetlights to LED.

Mayor Aliano recessed the meeting at 6:23 p.m. The meeting resumed at 6:30 p.m.

CITY COUNCIL PUBLIC HEARING
INTRODUCTION OF ORDINANCE – Residential Tenant Anti-Harassment Protection Housing Manager Brenda Kain introduced Craig Whittom, MRG, who provided a background, reviewed the Ordinance changes since December 2021, and provided three policy decisions that the Council Committee on Housing and Economic Development recommended the full Council consider:

Policy Decision #1 – Elective Renovations – Prohibited landlord activity A. Conduct elective renovation or construction of a rental unit without the tenant’s express written advance permission.

B. Conduct elective renovation or construction of a rental unit for the purpose of harassing a tenant, with intent to terminate a tenancy.

Policy Decision #2 – Material Terms of Tenancy – Prohibited landlord activity A. Unilaterally impose or require an existing tenant to agree to new material terms of tenancy or a new rental agreement, unless the change in the terms of the tenancy is authorized pursuant to state law, including Civil Code Sections 1946.2(f), 1947.5, or 1947.12, or required by Federal, State, or local law or regulatory agreement with a government agency.

B. Prohibition above limited to Housing Services only.

Policy Decision #3 – Abuse of Right of Access – Prohibited landlord action A. Entry to show the residential real property to a prospective or actual purchaser (if the landlord has not notified the tenant in writing within 120 days of the oral notice that the property is for sale and the tenant was informed they may be contacted to allow for an inspection).

City Council Minutes June 14, 2022
B. Same as Option 4.a, but adding the following clause “or placing a “lock box” on residential real property for the purpose of showing such residential real property to a prospective or actual purchaser” at the end.

Mr. Whittom concluded his presentation by stating that the Council was requested to provide direction on the three policy options and introduce the Ordinance by reading of the title only and waiving further reading.

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

The following people spoke in opposition to the proposed Ordinance:

David Schubb
Elena Lieberman
Leah Simon-Weisberg
J. Lawton
Rovy Lyn Antonio
Anthony
Joshua Howard
Charlie
The following people spoke in support of the proposed Ordinance:

Karen Hernandez
Sandra Tolento
Maria Miranda
Erica Flores
Guadalupe Tolento
Laura Ochoa
Betty Gabaldon
Ima Monson
Azucena Torres
Rocio
The following people spoke in support of the memorandum and proposed ordinance from Raise the Roof Coalition:

Millie Phillips
Kristi Laughlin
Ady Olvera
Mariana Moore
Rev. Sophia DeWitt
Alyssa Kang, California Nurses Association
Laura Nakamura spoke in support of the proposed Ordinance and the need to eliminate the definition of harassment.

City Council Minutes June 14, 2022
Alex Werth, East Bay Housing Organization (EBHO), spoke of a need to change the definition of harassment.

Debra Ballinger, Monument Impact, spoke in support of Policy Option Decisions 1.A, 4.B, and 5.A as presented in the staff report.

Jennifer Morales requested change to the definition of harassment and the need for just cause eviction.

Cora Mitchell spoke of the need to strengthen the language in the proposed Ordinance.

Mayor Aliano closed the public comment period and recessed the meeting at 8:45 p.m. The meeting resumed at 8:57 p.m.

Following discussion by the Council, a motion was made by Birsan and seconded by McGallian to introduce Ordinance No. 22-9 entitled, “An Ordinance Amending the Concord Municipal Code by Adding Chapter 19.50 ‘Residential Tenant Anti-Harassment Protection’” with the amendments listed below by reading of the title only and waiving further reading.
 Elimination of the defined term harassment
 19.500.020 Elimination of the words “evidence of”
 Add Section 19.500.20(a)(1) Conduct elective renovation or construction of the interior of residential real property without the tenant’s expressed written advance permission  19.50.020(a)(5) Adding the words “Other than at the end of a tenant’s term”  Change the word “trebeled” to “tripled”
The motion passed by unanimous vote of the Council.

Mayor Aliano recessed the meeting at 10:30 p.m. The meeting resumed at 10:42 p.m.

CITY COUNCIL CONSIDERATION ITEM
CONSIDERING – the Draft Housing Element Update (HEU)
Principal Planner Aaron Sage introduced the item by announcing a Land Acknowledgement, acknowledging that the area that is now known as Concord was primarily inhabited by the Chupcan tribe of the Bay Miwok, and Concord is also home to members of other tribal groups including Ohlone and Bay Miwok. Mr. Sage reported that the purpose of the acknowledgement is to recognize and honor the native peoples who have stewarded the land today known as Concord, and that the City honors these original habitants by doing tribal consultation on any development project that has the potential to impact Native American cultural or archeological resources.

Principal Planner Sage introduced the project team and provided project history. He outlined community engagement, Housing Element components, and programs implementation, and summarized how to provide input and next steps.

Following questions from the City Council, a motion was made by Hoffmeister and seconded by Birsan to continue this item to a Special Meeting on June 21, 2022, at 6:00 p.m. The motion passed by unanimous vote of the Council.

City Council Minutes June 14, 2022

ADJOURNMENT
By order of the Mayor, the meeting was adjourned on June 15, 2022, at 12:06 a.m.

DOMINIC ALIANO
MAYOR

JOELLE FOCKLER, MMC

CITY CLERK

1 SPECIAL MEETING OF THE

CONCORD CITY COUNCIL

PERMIT CENTER CONFERENCE
ROOM
1950 PARKSIDE DRIVE

CONCORD, CALIFORNIA

AND VARIOUS

TELEPHONIC/ELECTRONIC

LOCATIONS
THURSDAY, JUNE 16, 2022
The Concord City Council met in a special meeting in the Permit Center Conference Room, 1950 Parkside Drive, Concord, CA, and various telephonic/electronic locations, at 4:30 p.m. on Thursday, June 16, 2022, with Mayor Aliano presiding and all Councilmembers present.

Minutes follow in abbreviated form per Resolution 3361 and Council Minutes of September 26, 1966.

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

The meeting was recessed and immediately reconvened in a closed session under

CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6 Agency designated representatives: Valerie Barone, City Manager; Jasmin Loi, Director of Human Resources; Karan Reid, Director of Finance; Employee organizations:

Peace Officer Representation Unit of Concord Police Officers Association; and Police Managerial Representation Unit of Police Managers’ Association.

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

DOMINIC A. ALIANO
MAYOR

JOELLE FOCKLER, MMC

CITY CLERK

1 SPECIAL MEETING OF THE

CONCORD CITY COUNCIL

GARDEN CONFERENCE ROOM
1950 PARKSIDE DRIVE, WING A

CONCORD, CALIFORNIA
TUESDAY, JUNE 21, 2022
The Concord City Council met in a special meeting in the Garden Conference Room, 1950 Parkside Drive, Wing A, Concord, CA, at 5:00 p.m. on Tuesday, June 21, 2022, with Mayor Aliano presiding and all Councilmembers present. Minutes follow in abbreviated form per Resolution 3361 and Council Minutes of September 26, 1966.

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

The meeting was recessed and immediately reconvened in a closed session under

CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6 Agency designated representatives: Valerie Barone, City Manager; Jasmin Loi, Director of Human Resources; Karan Reid, Director of Finance; Employee organizations:

Peace Officer Representation Unit of Concord Police Officers Association; and Police Managerial Representation Unit of Police Managers’ Association.

ADJOURNMENT
By order of the Mayor, the meeting was adjourned at 5:45 p.m.

DOMINIC A. ALIANO
MAYOR

JOELLE FOCKLER, MMC

CITY CLERK

Staff Report
Date: August 9, 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: Kevin Wheat, PE, Associate Civil Engineer
[email protected]
(925) 671-3422
Subject: Considering the following:

1. Award of the construction contract in the amount
$239,000.00 to Clark Roofing Inc. for the Library Roof
Replacement Project (Project No. 2569); authorize Staff to utilize the available project contingency for contract
change orders that become necessary up to 10% of the
contract amount; and authorize the Mayor to execute the contract in a form acceptable to the City Attorney; and

2. Approval of a budget transfer in the amount of $70,000 to the Library Roof Replacement Project (Project No. 2569) from PJ 2592 (Building Maintenance - Holding Account,
Fund 630).

CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(2), 15061(b)(3), 15273, 15378, 15301, and 15302 and/or Public Resources Code Section 21065.

Report in Brief
The Library Roof Replacement Project (City Project No. 2569) will replace the entire Library roof, including gutters, trim, downspouts, shingles, and underlying material as required to provide a fully functional roof. See attached location map for approximate project limits (Attachment 1).

4.b4.b4.b

City Council Agenda Report
Agenda Item No. 4.b
August 9, 2022
The project has been designed, competitively bid (see Attachment 2 for bid summary), and is now at the point of construction contract award. If award is approved by the City Council, construction is expected to begin August 29th and be completed by September 23rd, weather permitting. The library will be closed during construction.

Recommended Action

1. Award of the construction contract in the amount $239,000.00 to Clark Roofing Inc. for the Library Roof Replacement Project (Project No. 2569); authorize Staff to utilize the available project contingency for contract change orders that become necessary up to 10% of the contract amount; and authorize the Mayor to execute the contract in a form acceptable to the City Attorney.

2. Approval of a budget transfer in the amount of $70,000 to the Library Roof Replacement Project (Project No. 2569) from Building Maintenance - Holding Account (Project No. 2592, Fund 630).

Background
On June 2, 2020, the City Council adopted the Fiscal Year 2020-21 and 2021-22 Two- year CIP Budget that included an appropriation of $300,000 from Measure V funding for the Library Roof Replacement (Project).

The Contra Costa Library is located in Concord at 2900 Salvio Street, next to the Civic Center. The Library’s roof has reached the end of its original design life, as its shingles, trim, and surfacing are showing signs of deterioration and are in need of replacement to prevent any possible leaking.

City Staff and consultants held a pre-bid meeting outside the Library on Thursday, June 23rd, where Contractors interested in bidding on the job could walk the site and ask questions.

On April 4, 2022, City Staff approved a Task Order to the architectural firm Comstock Johnson Architects (CJA), to complete bid documents for the Library Roof Replacement Project. Design for the project was completed in early June 2022, and the project was advertised for construction, with the bid opening held Thursday, July 7th.

City Staff met with Library Staff multiple times in June 2022, and agreed on closure dates for the Library to be August 29th through September 23rd.

Analysis/Procurement Process
The project was advertised for construction bids as required by State law and City policy. Bids were opened on Thursday July 7, 2022.

City Council Agenda Report
Agenda Item No. 4.b
August 9, 2022
Eleven (11) bids were received in amounts ranging from $239,000.00 to $1,007,625.00.

The Architect’s Estimate for the total base bid was $330,000. The basis of award for this project is the total base bid.

At bid opening, Clark Roofing Inc. of Sacramento, CA was the apparent low bidder, with a total base bid amount of $239,000. A summary of the bids can be found in Attachment 2 – Bid Summary.

Clark Roofing Inc. was the low bidder, and submitted a responsible, responsive bid.

Staff completed analysis of Clark Roofing Inc.’s bid, determining that this Contractor possess the appropriate and valid license (C-39 Roofing), and are not on any debarred lists. Clark Roofing Inc. is registered with the Department of Industrial Relations as required by SB 854. Staff contacted Clark Roofing Inc. as the lowest bidder to obtain confirmation of their bid amount, and confirmed that they are ready to perform the work as bid.

Financial Impact
The current total budget for this project is $300,000.00 (Measure V, Fund 407).

In order to fully fund the construction contract with Clark Roofing Inc., construction management, inspection, staff time, and provide contingency to the project, a budget transfer is required. A budget transfer from Building Maintenance - Holding Account (Project No. 2592, Fund 630) in the amount of $70,000, is recommended by City Staff.

Environmental Determination
Pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(2), 15061(b)(3), 15273, and/or 15378, Council action on this item 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, Council action on this item is exempt under CEQA Guidelines Sections 15301 – Existing Facilities, 15302 – Replacement and Reconstruction. 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 Notice of Exemption will be filed with the County Clerk’s office following the Council action on this item.

Public Contact
The City Council Agenda was posted.

Attachments

1. Location Map

2. Bid Summary

ATTACHMENT 1 – LOCATION MAP

LIBRARY ROOF REPLACEMENT PROJECT
PROJECT NO. 2569

City of Concord
Bid Sheet
PROJECT #2569 Bid Opening:

Library Roof Project Thursday,
July 7, 2022
2:00 p.m.

City Manager's Conference Room
Engineer’s Estimate: $330,000 To be awarded:

COMPANY TOTAL BID
Clark Roofing Inc.
2076 Acoma St.

Sacramento, CA 95815
$239,000.00
Sierra Roofing & Solar
6955 Sierra Ct #102
Dublin, CA 94568 Cashier’s Check
$253,176.00
Courtney Inc.
5914 Las Positas Rd.

Livermore, CA 94551
$340,684.00
ALCAL Specialty Contracting Inc.
42950 Osgood Road
Fremont, CA 94539
$364,702.00
Cal Pro Roofing
325 Town Centre Terrace Suite F
Brentwood, CA 94513
$389,360.00
Central Roofing
320 Victory Ave., Ste. B
So. San Francisco, CA
$408,600.00
Stronger Building Services
580 Harlan St.

San Leandro, CA 94577
$413,040.00
Central Bay Roofing
1814 Clement Ave
Alameda, CA 94501
$416,145.00
Attachment 2

COMPANY TOTAL BID
Best Contracting Services
19027 S. Hamilton Avenue
Gardena, CA 90248

$486,516.00
San Francisco Roofing Services, Inc.
2115 Jennings St.

San Francisco, CA 94124

$632,300.00
ARC Inc.
2161 Adams Avenue
San Leandro, CA 94577

$1,007,625.00

Contact: Kevin Wheat x3422

Staff Report
Date: August 9, 2022
To: City Council
From: Valerie J. Barone, City Manager
Prepared by: Justin Ezell, Assistant City Manager
[email protected]
(925) 671-3155
Subject: Considering adoption of a resolution amending Policy & Procedure No. 4 – Use of the Official City of Concord Flag.

CEQA: Not a project/exempt per Public Resources Code
Section 21065, 14 Cal Code Regs. Sections. 15060(c)(2), 15060(c)(3), 15378, 15061(b)(2), 15061(b)(3) and/or 15378(b)(4).

Report in Brief
The existing policy on use of the official City of Concord flag was developed and made effective in 1970; it was last revised in the year 2000. Staff is recommending that the policy again be updated to reflect current practices and needs.

Recommended Action
Adopt a resolution amending Policy & Procedure No. 4 – Use of the Official City of Concord Flag (Attachment 1).

Background
The City’s policy for the City of Concord flag covers such things as flag protocol and where it will be flown.

Analysis
The existing policy conflicts with the City’s efforts to control and manage the use of the City logo, as it allows anyone to purchase a City of Concord flag creating opportunities for the flag’s use that are out of the City’s control. For this reason, staff is recommending that the ability for individuals and businesses to purchase a City flag be removed from the policy. Staff is also recommending deletion of a section of the policy that references a City “banner,” as there is no city banner.

4.c4.c4.c4.c

City Council Agenda Report
Agenda Item No. 4.c
August 9, 2022
In addition there have been instances in the past where the Mayor desired the ability to lower the City flag during periods of mourning or remembrance for individuals of significance to the City (vs. when the President or the Governor order the lowering of flags for Federal or State individuals or events). Existing policy does not provide the Mayor with this authority; the recommended updates will include this ability.

The following provides a summary of all changes; a redline version of the recommended policy update is included as Attachment 2:
- Elimination of the sale of the official City flag
- Elimination of the ability to use a banner displaying the official City logo - Authorize the Mayor to direct the City flag to be flown at half staff 1 It should be noted that, while staff recommends eliminating the ability for individuals to purchase a City flag, the Mayor will maintain the authority to present the flag as a memento of the City of Concord.

Financial Impact
There are no fiscal impacts associated with the recommended policy changes.

Environmental Determination
None of the activities addressed herein constitute a “project” within the meaning of Public Resources Code Section 21065, 14 Cal Code Regs. Section 15060(c)(2), 15060(c)(3), or 15378 because none of the activities has the potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, even if any activity was a project under CEQA, each is exempt under 14 Cal. Code Regs. Sections 15061(b)(2), 15061(b)(3), and 15378(b)(4).

Public Contact
The City Council Agenda was posted.

Attachments

1. Resolution amending Policy & Procedure No. 4 Use of the Official City of Concord Flag.

2. Policy & Procedure No. 4 Use of the Official City of Concord Flag (redline version)
1 The Flag of the United States and the Flag of California may only be flown at half-staff when directed by the President of the United States or the Governor of California, in conformance with federal and state law.

Res No. 22-XX 1

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Amending Policy & Procedure 4 – Use
of the Official City of Concord Flag.

Resolution No. 22-XX
/
WHEREAS, On April 6, 1970, City Council adopted Resolution No. 3440.35 creating a Policy Statement entitled “Distribution of the Official City of Concord Flag;” and WHEREAS, on July 11, 2000, the City Council replaced the April 6, 1970 Policy Statement by adopting Policy & Procedure No. 4 – Use of the Official City of Concord Flag; and WHEREAS, City staff have determined that certain sections of Policy & Procedure No. 4 – Use of the Official City of Concord Flag, inhibit the ability for staff to effectively govern use of the official City logo; and
WHEREAS, on August 9, 2022, the City Council, after consideration thereof, moved to approve the recommendation of staff and adopt Resolution No. 22-XX.

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

Section 1. None of the activities addressed herein constitute a “project” within the meaning of Public Resources Code Section 21065, 14 Cal Code Regs. Section 15060(c)(2), 15060(c)(3), or 15378 because none of the activities has the potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, even if any activity was a project under CEQA, each is exempt under 14 Cal. Code Regs. Sections 15061(b)(2) and 15061(b)(3).

Section 2. The City Council amends to make changes to update City policies, as shown in Exhibit A. This resolution shall become effective immediately upon its passage and adoption. //
//
//
//
Attachment 1

Res No. 22-XX 2
PASSED AND ADOPTED by the City Council of the City of Concord on August 9, 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 August 9, 2022.

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney
Attachment: Exhibit A: Policy & Procedure No. 4 – Use of the Official City of Concord Flag (revised August 9, 2022)

CITY OF CONCORD

POLICY & PROCEDURE
Number:

Authority:

Effective:

Revised:

Reviewed:

Initiating Dept.:
4 Council Motion
4-06-70
8/9/22
CM

USE OF THE OFFICIAL CITY OF CONCORD FLAG

1. PURPOSE
To establish the policy for use of the City of Concord flag.

2. POLICY
The official flag of the City of Concord will be flown at the Civic Center entry plaza, Police Headquarters building, and displayed at various indoor locations in the City Hall complex. The City flag may not, under any circumstances, be used to endorse a product or imply official or unofficial City of Concord support.

The Mayor, on behalf of the City Council, may determine those instances when the flag will be presented as a memento of the City of Concord.

3. FLAG PROTOCOL
Flag protocol should always be observed, ensuring the City flag is treated with respect. The Mayor, or the Vice Mayor in the Mayor’s absence, is authorized to order the City flag to be flown at half-staff during periods of mourning or remembrance.
1 Exhibit A

CITY OF CONCORD

POLICY & PROCEDURE
Number:

Authority:

Effective:

Revised:

Reviewed:

Initiating Dept.:
4 Council Motion
4-06-70
7/11/00
8/09/22
20222004
CM

USE OF THE OFFICIAL CITY OF CONCORD FLAG

1. PURPOSE
To establish the policy for use of the City of Concord flag.

2. POLICY
The official flag of the City of Concord will be flown at the Civic Center entry plaza, Police Headquarters building and displayed at various indoor locations in the City Hall complex. The City flag may be purchased by individuals or businesses to use for display purposes as a demonstration of community pride. The City flag may not, under any circumstances, be used to endorse a product or imply official or unofficial City of Concord support.

The Mayor, on behalf of the City Council and with its consent, may determine those instances when the flag will be presented as a memento of the City of Concord.

Requests to purchase the City flag will be handled by the City Clerk’s office with the cost from the flag manufacturer passed on to the purchaser.

3. FLAG PROTOCOL
Flag protocol should always be observed, ensuring the City of Concord flag is treated with respect. The Mayor, or the Vice Mayor in the Mayor’s absence, is authorized to order the City flag to be flown at half-staff during periods of mourning or remembrance.

4. CITY BANNER
A banner displaying the City of Concord logo is available for use by local organizations for community group events, subject to the same restrictions as established for the City flag. The City Clerk’s office will loan the banner to local organizations on a first-come, first-serve basis. The banner must be returned imme- diately upon completion of the event.

Attachment 2

Staff Report
Date: August 9, 2022
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Jasmin Loi, Director of Human Resources
Prepared by: James Peavey, Human Resources Manager
[email protected]
(925) 671-3397
Subject: Considering adoption of a Resolution to amend the City’s Salary Schedule to reassign the Deputy City Clerk
Classification from Pay Grade PGC-12 (annual salary range of $104,436 — $133,307) to Pay Grade M-5 (annual salary range of $100,256 — $137,842).

Report in Brief
The Human Resources Department has reviewed the vacant Deputy City Clerk position prior to opening a new recruitment to fill it and identified that the responsibilities of the position have become increasingly more complex over time and that the position is better identified as a management position, in accordance with State labor law. In order to slot the position into an appropriate existing pay scale, staff is seeking to establish the pay at the M-5 Pay Grade level.

Recommended Action
Adopt a Resolution (Attachment 1) to amend the City’s salary schedule to reassign the Deputy City Clerk classification from Pay Grade PGC-12 (annual salary range of $104,436 — $133,307) to Pay Grade M-5 (annual salary range of $100,256 — $137,842).

Background
Human Resources Department staff are responsible for implementing Policy & Procedure 37.6 – Classification Plan for Creating, Modifying and Abolishing Classifications. In association with this responsibility, Human Resources Department staff conduct classification and compensation reviews from time to time.

4.d4.d4.d4.d

City Council Agenda Report
Agenda Item No. 4.d
August 9, 2022
Analysis
The City’s Deputy City Clerk position is currently vacant. Human Resources staff, in consultation with the City Clerk, have determined that the duties and responsibilities of the position have become progressively complex and managerial due to changing laws and regulations as well as technological advancements, including but not limited to:
 Providing information and answering inquiries from officials, the public, and City staff on the City Municipal Code, the Brown Act, the Political Reform Act, the Public Records Act, and the Election Code.
 Administration of state campaign and disclosure laws as well as the City’s Conflict of Interest Code.
 Ensuring the provision of official notification of public hearings, including legal notices in accordance with city, state, and federal laws.  Assisting the City Clerk in conducting municipal elections; and assisting in monitoring compliance with state and local campaign finance laws.  Managing the City’s Boards, Commissions, and Committees recruitment and appointment process.
 Managing the City’s Records Management Program by maintaining and updating the Council-approved Records Retention Schedule, administering the operation and maintenance of the City Clerk’s Office archival and vault storage; supervising the transfer and retrieval of records and information from in-house and off-site records storage facilities; and managing the destruction of obsolete records in all City departments and in compliance with the Records Retention Schedule.
 Conducting complex research projects, gathering and analyzing data, writing reports, and making recommendations on a variety of departmental subjects including but not limited to:
o Electronic Content Management System
o Records Retention Program including the Records Retention Schedule o Government Code 54970 et seq. (The Maddy Act)
o Elections Code
o State Campaign and Disclosure Laws
 Reviewing established procedures, systems, and standards, and making recommendations on problems of organization, staffing, and related management activities including but not limited to:
o Agenda Management
o Electronic Content Management System
o Electronic Filing of Campaign Statements
o Conflict of Interest Code

City Council Agenda Report
Agenda Item No. 4.d
August 9, 2022
Based on this, and prior to beginning a recruitment for this vacant position, it has been re-classified as a management position, which is consistent with State Labor Law.

The City needs to set the pay for the position commiserate with the depth and breadth of the duties, and staff desires to use an existing pay grade to avoid creating complexities. Human Resources staff conducted a compensation/internal alignment review and determined this position is best served by being assigned to Pay Grade M-5 ($8,355 — $11,488 monthly), which is in alignment with classifications having a commensurate level of complexity.

Financial Impact
At top step, this is an increase cost to the City of $4,548 a year. At lower steps there may be no difference. There are sufficient funds in the Administrative Services Division operating budget to allow for the reassignment of the Deputy City Clerk classification from Pay Grade PGC-12 to Pay Grade M-5.

Public Contact
The City Council Agenda was posted.

Attachment

1. Resolution Amending the City’s Salary Schedule with Exhibit A, Salary Schedule

2. Deputy City Clerk Classification Specification (redline/strikeout)

Res. No. 22-xx 1

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Amending the City of Concord’s Salary
Schedule to Reassign the Deputy City Clerk
Classification from Pay Grade PCG-12 (Annual
Salary Range of $104,436 – $133,307) to Pay Grade
M-5 (Annual Salary Range of $100,256 – $137,841)
Resolution No. 22-##
/
WHEREAS, Human Resources Department staff are responsible for implementing Policy & Procedure 37.6 – Classification Plan for creating, modifying and abolishing classifications; and WHEREAS, in association with this responsibility, Human Resources Department staff conduct classification and compensation reviews for classifications as requested by City departments or based on periodic reviews in response to the City’s operational needs; and WHEREAS, as result of such review, Human Resources Department staff, in consultation with the City Clerk, have revised the Deputy City Clerk’s classification specification to reflect the increased level of complexity and managerial nature of the classification; and WHEREAS, based on the increased level of complexity and managerial nature of the Deputy City Clerk classification, Human Resources Department staff conducted a compensation/internal alignment review and determined the classification should be assigned to Pay Grade M-5, with an annual salary range of $100,256 through $137,841 that includes a minimum hourly rate of $48.20 and the maximum hourly rate of $66.27 as set forth in Exhibit A; and WHEREAS, on August 9, 2022, the Council, after consideration thereof, moved to approve the recommendation of staff and adopt Resolution No. 22-XX.

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

Section 1. Amends the City of Concord’s Salary Schedule to reassign the Deputy City Clerk classification from Pay Grade PCG-12 (annual salary range of $104,436 – $133,307) to Pay Grade M- 5 (annual salary range of $100,256 – $137,841) as set forth in Exhibit A.

Section 2. This resolution shall become effective immediately upon its passage and adoption.

Attachment 1

Res. No. 22-xx 2
PASSED AND ADOPTED by the City Council of the City of Concord on August 9, 2022, by the following vote:

AYES: Councilmembers -
NOES: Councilmembers -
ABSTAIN: Councilmembers -
ABSENT: Councilmembers -
I HEREBY CERTIFY that the foregoing Resolution No. 22-## was duly and regularly adopted at a regular meeting of the City Council of the City of Concord on August 9, 2022.

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney
Attachment: Exhibit A – Salary Schedule

City of Concord Salary Schedule
Job Code Classification Title Unit Schedule Grade Step 1 Hourly
Step 2
Hourly
Step 3
Hourly
Step 4
Hourly
Step 5
Hourly
Step 6
Hourly
Step 1
Mthly.

Step 2
Mthly.

Step 3
Mthly.

Step 4
Mthly.

Step 5
Mthly.

Step 6
Mthly. Effective
3758 Admin Services Coordinator CONF PG-C 10 42.4224$ 44.5433$ 46.7707$ 49.1091 $ 51.5646$ 54.1430$ 7,353 $ 7,721 $ 8,107 $ 8,512 $ 8,938 $ 9,385 $ 7/11/2022 4571 Confidential Secretary CONF PG-C 7 34.5612$ 36.2893$ 38.1037$ 40.0090 $ 42.0094$ 44.1100$ 5,991 $ 6,290 $ 6,605 $ 6,935 $ 7,282 $ 7,646 $ 7/11/2022 3759 Deputy City Clerk CONF PG-C 12 50.2172$ 52.7280$ 55.3644$ 58.1326$ 61.0391$ 64.0913$ 8,704$ 9,140$ 9,596$ 10,076$ 10,580$ 11,109$ 7/11/2022 4568 Exec Secretary CONF PG-C 8 36.6189$ 38.4499$ 40.3723$ 42.3910 $ 44.5107$ 46.7362$ 6,347 $ 6,665 $ 6,998 $ 7,348 $ 7,715 $ 8,101 $ 7/11/2022 4569 Exec Secretary - Confidential CONF PG-C 8 36.6189$ 38.4499$ 40.3723$ 42.3910 $ 44.5107$ 46.7362$ 6,347 $ 6,665 $ 6,998 $ 7,348 $ 7,715 $ 8,101 $ 7/11/2022 2345 Crime Scene Investigations Mgr MGMT MANAGER M-5 48.2034$ 66.2761$ 8,355 $ 11,488 $ 7/11/2022 2309 Deputy City Attorney MGMT MANAGER M-7 57.0059$ 78.3789$ 9,881 $ 13,586 $ 7/11/2022 3759 Deputy City Clerk MGMT MANAGER M-5 48.2034$ 66.2761$ 8,355 $ 11,488 $ XX/XX/2022 1714 Deputy City Manager MGMT MANAGER M11 78.7670$ 108.2708$ 13,653 $ 18,767 $ 7/11/2022 Cost of living adjustments to Confidentials, Exec Contr, Exec Management, Management, PMA, POA, Professionals, and Teamsters, 5% market equity adjustment to POA (7-11-2022), and Deputy City Clerk Reclassification (xx-xx-2022) 1 Exhibit A to Attachment 1

Deputy City Clerk
Management
Bargaining Unit: Confidential
Class Code:
3759

CITY OF CONCORD
Established Date: Sep 6, 2013
Revision Date: Oct 9, 2013 Aug. 9, 2022

SALARY RANGE
$50.22 - $64.01 $48.20 - $66.26 Hourly
$104,436 – 133,307 $100,260 - $137,856 Annually
JOB CHARACTERISTICS:

Purpose
Performs a full range of professional, supervisory, and administrative work in support of the City Clerk's Office and the City Management Department requiring access to confidential information affecting employee relations. Performs related work as required all within the context of the City’s Mission of providing responsive, cost effective, and innovative local government services through a collaborative effort with the community to make Concord a city of the highest quality.

Equipment, Methods & Guidelines
Follows City policies, procedures, regulations, and schedules; federal, state, and local laws and regulations. Typically uses telephone, meeting recording equipment, computers, and various dedicated software packages for database management and word processing. boards, commissions and committees recruitments; agenda management; meeting live streaming; the City’s Conflict of Interest Code; and campaign finance reporting.

Working Conditions
Conducts work primarily in an office setting; includes irregular hours to attend meetings, meet deadlines, and achieve objectives; records Council actions at three regular evening meetings per month.

Physical Demands
Work may include prolonged sitting, as well as moderate lifting, reaching, stooping, pulling, and pushing activities; manual dexterity; clear speech; and visual and hearing acuity when communicating with elected officials, City staff and members of the public and taking minutes at City Council meetings.

Supervisory Guidance Received/Given
Reports to the City Clerk, to identify and define objectives, courses of action, potential problems and alternative solutions. Work may be reviewed for progress and upon completion. Has broad latitude in the performance of ministerial acts although established policies, State law and City guidelines, rules, and regulations limit latitude on certain functions. Supervision given involves planning, directing, training, scheduling work activities, and evaluating performance of support staff. Manages Attachment 2

assigned support staff to include assigning tasks, training, and enforcing rules and regulations. Participates in and recommends the selection of supervised staff.

Allocation Factors/Distinctions
The position is also deputized and acts on behalf of, and at the pleasure of, the City Clerk on designated matters for the City of Concord. This position is assigned to the Confidential Employee Group as it requires access to information that affects employee relations.

EXAMPLES OF DUTIES INCLUDE, BUT ARE NOT LIMITED TO:

Incumbent(s) may be assigned to perform a wide range of duties, which include, but are not limited to, combinations of any of the following:

1. Develops the City Council Agenda with input from departments; develops future agenda schedule to track upcoming items, including items containing confidential information affecting employee relations; functions as the City Manager’s liaison to departments in collection of reports and related material; advises departments on procedural issues related to agendas and meetings; reviews reports for accuracy and completeness.

2. 1. Performs responsible administrative support to the City Clerk Division, serves as a liaison on administrative matters between the division and other City departments, the City Council, and the public.

3. Supervises assigned staff in producing and publishing City Council agendas and agenda packet materials for each member of the City Council, for City staff and the general public in accordance with the provisions of the Brown Act; manages the process for posting of agendas and supporting documents to the City’s Internet site.

4. 2. Conducts complex research projects, gathers and analyzes data, writes reports, and makes recommendations on a variety of departmental subjects including but not limited to:
 Electronic Content Management System
 Records Retention Program including the Records Retention Schedule  Government Code 54972 (The Maddy Act)
 Elections Code
 State Campaign and Disclosure Laws

5. Attends meetings of the City Council; documents actions and prepares minutes; accurately documents pending and completed Council actions; supervises follow-up actions resulting from City Council Agency meetings and maintains current and past legislative history of Council actions.

6. Supervises City’s main reception function and Directs assigned staff who provide public record information that may include researching records.

7. SupervisesManages and trains assigned staff in the review, processing and maintenance of documents resulting from Council actions such as resolutions, ordinances, notices of completion, approved final subdivision maps, and bid awards.

8. Attests, records, and certifies ordinances and resolutions, documents, contracts and agreements; maintains and assures proper use of the City Seal; and administers the Oath of Office function pursuant to State law in the City Clerk’s absence.

9. Conducts and documents public project bid openings.

10. Supervises Directs the posting, distribution and tracking of notices of meetings and legal publications.

11. Assists the City Clerk in presiding overManages municipal elections including review and processing of nomination papers and statements of qualification, and the receipt and processing of petitions related to initiatives, recalls, and referendums. Assists and participates in the review, interpretation and application of pertinent laws and procedures in coordinating municipal, annexation, and assessment elections.

12. Researches and implements revisions to procedures and processes in connection with assigned functions. As assigned, reviews established procedures, systems, and standards, and makes recommendations on problems of organization, staffing, and related management activities including but not limited to:
 Agenda Management
 Electronic Content Management System
 Electronic Filing of Campaign Statements
 Conflict of Interest Code

13. Supervises the activities of assigned staff, determining work priorities, assessing training needs, monitoring progress, reviewing results, and evaluating performances.

14. Acts as filing officer for Statements of Economic Interests and Campaign Statements in compliance with laws monitored by the Fair Political Practices Commission (FPPC) in the City Clerk’s absence.

15. Reviews, maintains and distributes the City’s Policies & Procedures and Administrative Directives.

16. Maintains the Municipal Code and Master Fees and Charges Resolution, reviews amendments for appropriateness and accuracy.

17. Acts as the City’s Records Manager, Manages managing the City’s Records Management Program and Records Retention Schedule, including confidential records of matters affecting employee relations, supervising assigned staff, conducting annual audits, advising departments on records management issues, directing goal-setting, researching and implementing program improvements, and ensuring compliance by all departments.

18. Supervises Manages document processing procedures for contracts, agreements, and recorded documents, including Municipal Unified Functional Filing System (MUFFS) indexing, maintenance of subject, suspense, index and cross-reference files, and the classification of materials for filing, tracking documents, and insurance expiration services for departments.

19. Manages the City’s Document Imaging System, preparing policies and procedures, supervising the Central Scanning Center, and administering resulting scanning program.

20. Oversees the operation and maintenance of the City Clerk’s office archival and vault storage; supervises the transfer and retrieval of records and information from in-house and off-site records storage facilities and the destruction of obsolete records in all City departments in accordance with the Council-approved Records Retention Schedule working with the City Attorney’s office to ensure compliance.

21. Initiates and implements procedures that ensure Records Management disaster recovery methods are in place throughout the City including computer backup systems.

22. Supervises centralized mail services for all City facilities, advises departments on best mail practices, acts as the City’s liaison with the Post Office, and prepares policies and procedures as required.

23. With the City Clerk, D develops annual program budget and ten-year Plan for operating, capital equipment, and election activities; works within an authorized budget; exercises program budget control.

24. Ensures compliance with the California Public Records Act in response to requests for public records, consulting with the City Attorney’s office when required.

25. Provides information to staff and the public related to assigned activities; prepares press releases and makes presentations at public meetings including but not limited to:
 Council Meetings
 Council Committee Meetings
 Boards and Commission Recruitments
 Elections

26. Oversees the City’s Forms Management Program by supervising the annual audit of citywide paper and electronic forms, implementing upgrades and identifying obsolete forms.

27. Promotes the City’s Mission to make Concord a city of the highest quality by providing responsive, cost-effective, and innovative government services; understands and subscribes to the Vision and Values Statement adopted by the City.

28. Performs other work and special projects as required.

QUALIFICATIONS:

Desirable Qualifications
Knowledge and Abilities
Knowledge of the legal procedures and requirements relating to of official agendas, documents, reports, and related correspondence and materials; requirements of the Brown Act, Public Records Act, Political Reform Act, pertinent California State statutes and municipal code processes. Working knowledge of records management

principles and procedures which include: records management systems, forms design and control; filing and indexing methods and systems; document imaging; micrographics applications; computer-aided indexing and retrieval systems; records retention scheduling; and vital and archival records disaster recovery procedures.

Ability to maintain confidentiality of sensitive information affecting employee relations; to communicate effectively with City staff, the public and elected officials; to interpret, and apply rules, regulations and laws; to compile and record a variety of information from various sources in preparation for City Council meetings; to demonstrate sound records management practices; to understand, interpret and apply established policies and procedures relating to assigned job responsibilities; to supervise and participate in the preparation and maintenance of official records, correspondence, reports, and related material; to take notes and accurately record; to work effectively under pressure and with frequent interruption; to understand and carry out oral and written instructions; to supervise and coordinate the work of assigned staff; to develop and administer budgets; to establish and maintain effective working relations; and to deal tactfully and courteously with those contacted in the course of work; to exhibit high-level grammatical usage and vocabulary.

Education/Experience
Any combination equivalent to experience and education that would likely provide the relevant knowledge and abilities would be qualifying. Generally, this will require:

Education: Two years of college in related field or specialized professional training.

Possession of a Bachelor’s Degree in a related field is preferred.

Experience: Four years of related increasingly responsible experience in a City Clerk’s Office, or the equivalent, including experience in public meeting practice, or professional-level experience in records management, and at least one year directing and supervising the work of others.

OTHER:

Other Requirements
A California Driver's License and a satisfactory driving record are conditions of initial and continued employment.

Professional Certifications
Possess a Bachelor's Degree in a related field, or oObtain either a Certified Municipal Clerk (CMC) designation within three years of appointment or a Certified Records Manager (CRM) certification within timeframes designated by certification regulations, not to exceed or within three years, whichever is less.

Staff Report
Date: August 9, 2022
To: City Council
From: Valerie J. Barone, City Manager
Prepared by: Joelle Fockler, MMC, City Clerk
[email protected]
(925) 671-3390
Subject: Considering adoption of a Resolution declaring the ability of the City Council, Local Reuse Authority, Concord/Pleasant Hill Health Care District, standing City Council Subcommittees, and all City boards, commissions (including the Planning Commission), and committees to continue to meet remotely, pursuant to AB 361.

CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, 14 Cal Code Reg. Sections 15060(c)(2), 15060(c)(3), 15061(b)(3) and/or 15378.

Report in Brief
Adopt a Resolution declaring the ability of the City Council, Local Reuse Authority, Concord/Pleasant Hill Health Care District, standing City Council Subcommittees, and all City boards, commissions (including the Planning Commission), and committees to meet remotely, pursuant to AB 361.

Recommended Action
Adopt a Resolution declaring the ability of the City Council, Local Reuse Authority, Concord/Pleasant Hill Health Care District, standing City Council Subcommittees, and all City boards, commissions (including the Planning Commission), and committees to meet remotely, pursuant to AB 361.

4.e4.e4.e

City Council Agenda Report
Agenda Item No. 4.e
August 9, 2022
Background
On March 4, 2020, the Governor of the State of California (“Governor”) issued a Proclamation of a State of Emergency due to COVID-19. Such proclamation remains in effect, as are the facts, circumstances, and emergency under which it was issued.

On March 17, 2020, Governor Newsom issued Executive Order N-29-20 allowing local legislative bodies to hold meetings via teleconference and to make meetings accessible electronically without violating the open meeting laws found in the Ralph M. Brown Act (California Government Code Sections 54950 et seq., “Brown Act”).

On March 19, 2020, the City Council adopted Resolution No. 20-12 ratifying the City of Concord Director of Emergency Services Proclamation of Local Emergency dated March 13, 2020.

Since the enactment of the Executive Order, local legislative bodies in California have been able to hold public meetings by “teleconference” (a term that includes video conferencing) without complying with all the following Brown Act requirements for teleconference meetings.
 Give notice of each teleconference location from which a member will be participating in a public meeting and each teleconference location must be specifically identified in the meeting notice and agenda, including full address and room number;
 Each teleconference location must be accessible to the public;  Members of the public must be able to address the body at each teleconference location;
 Post agendas at all teleconference locations; and
 During teleconference meetings, at least a quorum of the members of the local body must participate from locations within the boundaries of the territory over which the local body exercises jurisdiction.

In March 2020, staff transitioned meetings to TEAMS and then Zoom for all City meetings. Zoom meetings have allowed the City Council, City Council Committees, and the City’s boards, commissions, and committees to continue to conduct City business from the safety of their homes. The usage of Zoom for public meetings for the last 18 months has allowed the City to ensure the public’s continued access to meetings while also ensuring the public’s safety.

On June 11, 2021, Governor Newsom issued Executive Order N-08-21, which, among other things, rescinded his prior Executive Order N-29-20 and set a date of October 1, 2021, for public agencies to transition back to public meetings held in full compliance with the Brown Act.

City Council Agenda Report
Agenda Item No. 4.e
August 9, 2022
The California state legislature adopted AB 361 as an urgency measure. AB 361 was signed by the Governor on September 16, 2021, and became effective immediately. AB 361 amends the Brown Act to allow local legislative bodies to continue meeting remotely using teleconferencing and virtual meeting technology as long as there is (1) a “state of emergency” pursuant to Government Code Section 54953(e)(4), and (2) the local legislative body making certain findings including that state or local officials have imposed or recommended measures to promote social distancing or that meeting in person would present imminent risks to the health or safety of Attendees.

On September 20, 2021, the Health Officer of the County of Contra Costa (“Health Officer”) issued recommendations, and on March 1, April 15, an June 14, 2022, updated recommendations for safely holding public meetings, including recommending teleconferencing meetings as those meetings present the lowest risk of transmission of SARS-CoV-2, the virus that causes COVID-19:
https://cchealth.org/covid19/pdf/recommendations-for-safe-public-meetings.pdf.

Since September 28, 2021, the City Council sitting as the City Council, Local Reuse Authority and Concord/Pleasant Hill Health Care District has regularly adopted resolutions consistent with the findings required by AB 361 to enable teleconference meetings. The City Council sitting as the City Council, Local Reuse Authority, and Concord/Pleasant Hill Health Care District must adopt a Resolution at tonight’s meeting to allow public meetings by teleconference for the next 30 days, through September 8, 2022.

Analysis
The stated aim of AB 361 is “to improve and enhance public access to local agency meetings during the COVID-19 pandemic and future applicable emergencies, by allowing broader access through teleconferencing options,” AB 361 allows local legislative bodies to meet remotely if there is a gubernatorial proclaimed “state of emergency” and a local legislative body finding that state or local officials have imposed or recommended measures to promote social distancing or that meeting in person would present imminent risks to the health or safety of Attendees.

If the state of emergency remains active for more than 30 days, a local agency must make the following findings by majority vote every 30 days to continue using the bill’s exemption to the Brown Act teleconferencing rules.
 The legislative body has reconsidered the circumstances of the emergency; and  Either of the following circumstances exist: The state of emergency continues to directly impact the ability of members to meet safely in person, or State or local officials continue to impose or recommend social distancing measures.

City Council Agenda Report
Agenda Item No. 4.e
August 9, 2022
The City Council must make findings regarding the circumstances of the emergency and vote to continue using the law’s exemptions every 30 days. Since it has been more than 30 days since the City Council last met and adopted Resolution No. 22-43, LRA Resolution No. 22-40, and Concord/Pleasant Hill Health Care District Resolution No. 22-032, adopted on June 28, 2022, staff is requesting that the City Council make the initial AB 361 findings again to allow for meetings to be held by teleconference through September 8, 2022. Given the Governor’s State of Emergency remains in place and the Contra Costa County Health Officer continues to recommend social distancing, the City Council can make the necessary findings to adopt a Resolution to continue using AB 361’s exemption.

Financial Impact
There is no financial impact.

Environmental Determination
This action does not constitute a “project” within the meaning of Public Resources Code Section 21065, 14 Cal Code Reg. Section 15060(c)(2), 15060(c)(3), and/or 15378 because it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.

In addition, this action is categorically exempt pursuant to Section 15061(b)(3), “Review for Exemptions” of the CEQA Guidelines because there is no possibility that it may have a significant effect on the environment, and no further environmental review is required.

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.

Public Contact
The City Council Agenda was posted.

Attachment

1. Resolution declaring the ability to continue to meet remotely, pursuant to AB 361

Res No. 22-XX
LRA Res. No. 22-XX
CPHHCD Res. No. 22-XX 1

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD, CITY COUNCIL SITTING

AS THE LOCAL REUSE AUTHORITY, CITY COUNCIL SITTING AS THE

CONCORD/PLEASANT HILL HEALTH CARE DISTRICT

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Declaring the Ability of the City
Council, Local Reuse Authority, Concord/Pleasant
Hill Health Care District, Standing City Council
Subcommittees, and all City Boards, Commissions,
and Committees to Meet Remotely Pursuant to AB
361
City Council Resolution No. 22-XX
Local Reuse Authority Resolution No. 22-XX
Concord/Pleasant Hill Health Care District Resolution No. 22-XX /
WHEREAS, on March 4, 2020, the Governor of the State of California (“Governor”) issued a Proclamation of a State of Emergency due to COVID-19. Such proclamation remains and is in effect as of the date of this Resolution, as are the facts, circumstances, and emergency under which it was issued; and
WHEREAS, on March 19, 2020, pursuant to Resolution No. 20-12, the City Council of the City of Concord (“City Council”) ratified the City of Concord Director of Emergency Services Proclamation of Local Emergency dated March 13, 2020; and WHEREAS, the Health Officer of the County of Contra Costa (“Health Officer”) has issued various health orders and updates designed to slow the spread of COVID-19 (including variants thereof) such as vaccinations, quarantines, face covering requirements, and social distancing recommendations designed to protect public health. The health orders and recommendations can be found on the Contra Costa Health Services website: https://www.coronavirus.cchealth.org/health- orders; and
WHEREAS, on March 17, 2020, the Governor issued Executive Order N-29-20 allowing local legislative bodies to hold remote meetings via teleconference and to make such meetings accessible electronically without violating the open meeting laws found in the Ralph M. Brown Act Ralph M. Brown Act (California Government Code Sections 54950 et seq., “Brown Act”); and WHEREAS, on June 11, 2021, the Governor issued Executive Order N-08-21, which placed Attachment 1

Res No. 22-XX
LRA Res. No. 22-XX
CPHHCD Res. No. 22-XX 2
an end date of September 30, 2021, on such authority; and WHEREAS, since the issuance of Executive Order N-08-21, the Delta variant emerged, causing a spike in COVID-19 cases throughout the state; and WHEREAS, pursuant to Executive Orders N-29-20 and N-08-21, the legislative bodies of the local agency City of Concord (“City”) including its City Council, standing Council subcommittees, Local Reuse Authority, Concord/Pleasant Hill Health Care District, and all City boards, commissions (including the Planning Commission), and committees (collectively, “City Bodies”), have been holding remote meetings using teleconferencing and virtual meeting technology in an effort to help protect the public, members of City Bodies, and City staff attending such meetings (“Attendees”) from COVID-19; and
WHEREAS, due the rise in COVID-19 cases, including numerous variants, the City continues to be deeply concerned about protecting the health and safety of Attendees, particularly given that even fully vaccinated people have contracted the most recent variants, people may have and transmit the virus before knowing they are infected and/or if they are asymptomatic; City staff and/or officials have experienced COVID-19 outbreaks and/or exposures; meetings of City Bodies often last several hours, and City meeting facilities are limited in space with seats are close together, and City facilities have restricted air flow; and
WHEREAS, the California state legislature adopted AB 361 as an urgency measure that was signed by the Governor on September 16, 2021, effective immediately. AB 361 amends the Brown Act to allow local legislative bodies to continue meeting remotely using teleconferencing and virtual meeting technology as long as there is a “state of emergency” proclaimed by the Governor pursuant to Government Code Section 54953(e)(4) and upon the local legislative body making certain findings including that state or local officials have imposed or recommended measures to promote social distancing or that meeting in person would present imminent risks to the health or safety of Attendees; and
WHEREAS, on June 14, 2022, the Health Officer updated recommendations for safely holding public meetings, including strongly recommending teleconferencing meetings as those meetings present the lowest risk of transmission of SARS-CoV-2, the virus that causes COVID-19,

Res No. 22-XX
LRA Res. No. 22-XX
CPHHCD Res. No. 22-XX 3
and further recommending social distancing and face masking of all Attendees: recommendations-for- safe-public-meetings.pdf (cchealth.org); and
WHEREAS, the City desires to continue holding public meetings of the City Bodies remotely using teleconferencing and virtual meeting technology in order to avoid the imminent risk to the health and safety of Attendees; and
WHEREAS, the City Council, the Local Reuse Authority, and the Concord/Pleasant Hill Health Care District passed Resolution No. 22-43, Local Reuse Authority Resolution No. 22-40, and Concord/Pleasant Hill Health Care District Resolution No. 21-032 on June 28, 2022, in compliance with AB 361. Pursuant to Government Code Section 54953(e)(1)(A), such meeting was held during a proclaimed state of emergency, each of the City Council, the Local Reuse Authority, and the Concord/Pleasant Hill Health Care District determined, by majority vote, 5-0, that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of Attendees; this June 28, 2022, meeting of the City Council, the Local Reuse Authority; and the Concord/Pleasant Hill Health Care District was held remotely using teleconferencing pursuant thereto; and WHEREAS, the facts, circumstances, and emergency under which such determination was made and Resolution No. 22-43, LRA Resolution No. 22-40, and Concord/Pleasant Hill Health Care District Resolution No. 22-032 was adopted continue to exist as of the date of this Resolution; and WHEREAS, the City Council, the Local Reuse Authority, and the Concord/Pleasant Hill Health Care District after giving all public notices required by State Law and the Concord Municipal Code, held a duly noticed joint public meeting on August 9, 2022; and WHEREAS, at such public meeting, the City Council, the Local Reuse Authority, and the Concord/Pleasant Hill Health Care District 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 meeting, the oral report from City staff, the written report from City staff dated August 9, 2022, this Resolution, and all other information on which each of the City Council, the Local Reuse Authority, and the Concord/Pleasant Hill Health Care District has based its decision (collectively, “Remote Meeting Information”). //

Res No. 22-XX
LRA Res. No. 22-XX
CPHHCD Res. No. 22-XX 4

NOW, THEREFORE, THE CITY COUNCIL, THE CITY COUNCIL SITTING AS

THE LOCAL REUSE AUTHORITY, AND THE CITY COUNCIL SITTING AS THE

CONCORD/PLEASANT HILL HEALTH CARE DISTRICT OF THE CITY OF CONCORD DOES RESOLVE AS FOLLOWS:

Section 1. Recitals. Each of the City Council, the Local Reuse Authority, and the Concord/Pleasant Hill Health Care District 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 and the information below constitute findings in this matter, and together with the Remote Meeting Information, serve as an adequate and appropriate evidentiary basis for the findings and actions set forth herein. Any exhibits attached to this Resolution are incorporated herein by reference.

Section 2. CEQA. This action does not constitute a “project” within the meaning of Public Resources Code Section 21065, 14 Cal Code Reg. Section 15060(c)(2), 15060(c)(3), and/or 15378 because it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. In addition, this action is categorically exempt pursuant to Section 15061(b)(3), “Review for Exemptions” of the CEQA Guidelines because there is no possibility that it may have a significant effect on the environment, and no further environmental review is required. 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.

Section 3. AB 361 Findings. Each of the City Council, the Local Reuse Authority, and the Concord/Pleasant Hill Health Care District hereby finds the following:
a. A state of emergency remains active.
b. State or local officials have imposed or recommended measures to promote social distancing.
c. Each of the City Council, the Local Reuse Authority, and the Concord/Pleasant Hill Health Care District have reconsidered the circumstances of the state of emergency. d. The following circumstances exist:

Res No. 22-XX
LRA Res. No. 22-XX
CPHHCD Res. No. 22-XX 5
(i) The state of emergency continues to directly impact the ability of Attendees to meet safely in person.
(ii) State or local officials continue to impose or recommend measures to promote social distancing.

Section 4. As of August 9, 2022, meetings of City Bodies may continue to be conducted remotely using teleconferencing and virtual meeting technology for the next 30 days in compliance with AB 361. The City Council, the Local Reuse Authority, and the Concord/Pleasant Hill Health Care District will revisit the remote conduct meetings of City Bodies within 30 days of the adoption of this Resolution.

Section 5. This resolution shall become effective immediately upon its passage and adoption.

PASSED AND ADOPTED by the City Council of the City of Concord, the Local Reuse Authority, and the Concord/Pleasant Hill Health Care District on August 9, 2022, by the following vote:

AYES: Councilmembers -
NOES: Councilmembers -
ABSTAIN: Councilmembers -
ABSENT: Councilmembers -
I HEREBY CERTIFY that the foregoing City Council Resolution No. 22-XX, Local Reuse Authority Resolution No. 22-XX, and Concord/Pleasant Hill Health Care District Resolution No. 22- XX, were duly and regularly adopted at a regular joint meeting of the City Council of the City of Concord, the Local Reuse Authority, and the Concord/Pleasant Hill Health Care District on August 9, 2022.

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Brown
City Attorney

From: D'Marco Anthony <[email protected]>
Sent: Tuesday, August 9, 2022 2:22 PM
To: City Clerk <[email protected]>
Subject: Public comment item 4e

Dear Concord City Council,

Given the ongoing COVID-19 pandemic, and the emerging Monkeypox public health emergency threat– I would like to reiterate my support for the continuation of having a remote option for city meetings. Thank you!

-D'Marco J. Anthony

Benched Correspondence
Agenda Item No. 4.e
August 9, 2022

Staff Report
Date: August 9, 2022
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Mark Bustillos, Chief of Police
Prepared by: Kevin Halm, Provisional Police Lieutenant
[email protected]
(925) 671-3336
Subject: Considering adoption of a resolution rescinding Resolution No. 22-45 and approving an exception to the 180 day waiting period to a hire a California Public Employees’ Retirement System (CalPERS) retired annuitant in accordance with
Government Code Sections 7522.56 and 21224.

Report in Brief
The purpose of this report is to provide the City Council with sufficient information to adopt a resolution rescinding Resolution No. 22-45 and approving exception to the 180- day waiting period to hire a retired California Public Employees’ Retirement System (CalPERS) annuitant in accordance with Government Code Sections 7522.56 and 21224.

Recommended Action
Adopt a resolution rescinding Resolution No. 22-45 and approving exception to the 180- day waiting period to hire a retired California Public Employees’ Retirement System (CalPERS) annuitant in accordance with Government Code Sections 7522.56 and 21224.

Background
On June 28, 2022, the City Council adopted Resolution No. 22-45 approving exception to the 180 day waiting period to hire a CalPERS retired annuitant in accordance with Government Code Sections 7522.56 and 21224. However, it was later determined that the retired annuitant, David Kasid (“Kasid”), had worked for another CalPERS agency with a different retirement formula, causing his normal retirement age to be 55 years of

5.a5.a5.a

City Council Agenda Report
Agenda Item No. 5.a
August 9, 2022
age. As a result, Kasid must have a 60 day bona fide separation of employment prior to starting with the City of Concord. CalPERS is requiring a revised Resolution be approved by Council, reflecting the correct start date of August 22, 2022, which will satisfy the 60 day bona fide separation requirement.

The Public Employees’ Pension Reform Act of 2013 (“PEPRA”) made substantial changes to public employee pension laws in California. One of those changes requires retired annuitants to be separated from employment for at least 180 days before returning to work for an employer in the same retirement system from which they receive a pension. An exception may be made if the governing body adopts a resolution to waive the waiting period for separation. The waiver allows an employer to hire a retired annuitant to perform work of limited duration, such as the elimination of backlogs, limited term special projects, and work that is in excess of what regular staff can reasonably perform.

The Concord Police Department jail historically was staffed around-the clock daily. This requires at least five Community Service Officer-Detention staff with sworn officers covering any gaps on an overtime basis.

The Concord Police Department currently has only one Community Service Officer – Detention position filled and has four vacancies. The one filled position currently allows the jail to be staffed on a regular set schedule 40 hours per week with the remaining 128 hours of the week either staffed with Title 15 trained sworn-officers working overtime or forced closed.

A continual recruitment process for Community Service Officer-Detention has been open since January 2022 for the four open positions.

Analysis
Staff recommends Kasid be hired to work on a limited term basis as a retired annuitant extra help performing duties as Limited Service Public Safety Assistant.

Kasid retired effective June 13, 2022. Kasid has 28 years of police officer experience, nearly 20 years of institutional knowledge working for the City of Concord as a police officer, and five years of experience working part-time in a detention setting. Kasid is Title 15 trained and is currently one of the few persons that provides training to incoming Community Service Officer-Detention staff and sworn officers wishing to work in the jail.

The City of Concord is currently recruiting for Community Service Officer-Detention.

There is currently only one full-time Community Service Officer-Detention staff which leaves staffing of the Concord Police Department jail woefully understaffed during summer which is historically one of the busiest times of the year.

City Council Agenda Report
Agenda Item No. 5.a
August 9, 2022
As a retired annuitant, Kasid will be limited to no more than 960 work hours per fiscal year. It is anticipated the extra help assignment will last approximately one year, and no longer than three years, which will hopefully give enough time to recruit more full-time Community Service Officer-Detention staff.

Alternatives
The Council could decide to not approve the resolution and direct staff to identify another solution to this staffing and training need. This alternative is not recommended because the recommended action provides a viable temporary alternative at a cost that can be absorbed within the department’s existing budget and Kasid is uniquely qualified to fill the gaps and provide training specific to Concord Police Department processes and history. Other alternatives would be less expedient and would cause delays to important police jail functions.

Financial Impact
Any costs related to this item will be absorbed in the existing Police Department budget utilizing savings from position vacancies.

Environmental Determination
None of the activities addressed herein constitute a project within the meaning of Public Resources Code Section 21065, 14 Cal. Regs. Section 105060(c)(2), 15060(c)(3), or 15378 because none of the activities have the potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, even if any activity was a project under California Environmental Quality Act, each is exempt under 14 Cal. Code Regs. Sections 15061(b)(2), 15061(b)(3) and 13378(b)(4).

Public Contact
The City Council Agenda was posted.

Attachment

1. Resolution Rescinding Resolution No. 22-45 and Approving an Exception to the 180 Day Waiting Period with Exhibit A, Draft Offer Letter

Res. No. 22-XX 1

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
Resolution Rescinding Resolution No. 22-45 and
Approving Exception to the 180 Day Waiting Period
to Hire a CalPERS Retired Annuitant in Accordance
with Government Code Sections 7522.56 and 21224
Resolution No. 22-##
/
WHEREAS, on June 28, 2022, the City Council of the City of Concord adopted Resolution No. 22-45 approving an exception to the 180 day waiting period for hiring a California Public Employees’ Retirement System (“CalPERS”) retired annuitant, David Kasid; and WHEREAS, unknown at the time Resolution No. 22-45 was adopted, prior to his employment with the City of Concord, Kasid had worked for another CalPERS agency with a different retirement formula and per CalPERS rules Kasid must have a 60 day bona fide separation of employment with the City of Concord prior to post-retirement employment; and WHEREAS, in compliance with Government (Gov.) Code Section 7522.56 of the Public Employees’ Retirement Law, the City of Concord must provide CalPERS this certification resolution when hiring a retiree before 180 days has passed since their retirement date; and WHEREAS, David Kasid retired from the City of Concord in the position of Police Officer, effective June 13, 2022; and
WHEREAS, Gov. Code Section 7522.56 requires that post-retirement employment commence no earlier than 180 days after the retirement date, which is December 11, 2022, without this certification resolution; and
WHEREAS, Gov. Code Section 7522.56 provides that this exception to the 180 day wait period shall not apply if the retiree accepts any retirement-related incentive; and WHEREAS, the City of Concord and David Kasid certify that David Kasid has not and will not receive a Golden Handshake or any other retirement-related incentive; and Attachment 1

Res. No. 22-XX 2
WHEREAS, the City of Concord hereby appoints David Kasid as an extra help retired annuitant to perform the duties of the Limited Service-Public Safety Assistant for the City of Concord under Gov. Code Section(s) 21224 effective August 22, 2022; and WHEREAS, the entire employment agreement, contract or appointment document between David Kasid and the City of Concord has been reviewed by this body and is attached herein; and WHEREAS, no matters, issues, terms or conditions related to this employment and appointment have been or will be placed on a consent calendar; and WHEREAS, the employment shall be limited to 960 hours per fiscal year for all CalPERS employers; and
WHEREAS, the compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties, divided by 173.333 to equal the hourly rate; and
WHEREAS, the compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties, divided by 173.333 to equal the hourly rate; and
WHEREAS, the maximum base salary for this position is $7,772 and the hourly equivalent is $44.84, and the minimum base salary for this position is $2,638 and the hourly equivalent is $15.22; and
WHEREAS, the hourly rate paid to David Kasid will be $ 44.84; and WHEREAS, David Kasid has not and will not receive any other benefit, incentive, compensation in lieu of benefit or other form of compensation in addition to this hourly pay rate; and

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

Section 1. Hereby rescinds Resolution No. 22-45.

Section 2. 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

Res. No. 22-XX 3
adequate and appropriate evidentiary basis for the findings and actions set forth herein. The exhibits attached to this Resolution are incorporated herein by reference. //
Section 3. Hereby certifies the nature of the appointment of David Kasid as described herein and detailed in the attached employment agreement/contract/appointment document and that this appointment is necessary to fill the critically needed position of Limited Service-Public Safety Assistant for the City of Concord by August 22, 2022, as set forth in Exhibit A.

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 August 9, 2022 by the following vote:

AYES: Councilmembers -
NOES: Councilmembers -
ABSTAIN: Councilmembers -
ABSENT: Councilmembers -
I HEREBY CERTIFY that the foregoing Resolution No. 22-## was duly and regularly adopted at a regular meeting of the City Council of the City of Concord on August 9, 2022.

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney
Attachment: Exhibit A – draft appointment document between the City of Concord and Kasid

CONCORD POLICE DEPARTMENT
Mark Bustillos, Chief of Police
August 10, 2022
David Kasid
1884 Deer Spring Court
Fairfield, CA 94534
Re: Offer of at-will retired annuitant limited duration extra help position Dear David:

On behalf of the City of Concord (“City”), it is my pleasure to offer you an at-will retired annuitant limited duration extra help position as a Limited Service-Public Safety Assistant. As discussed, this position offers an hourly rate of $44.84, which is paid on a bi-weekly basis.

August 22, 2022 is your tentative start date.

While your workload may last more than one fiscal year, your employment will terminate when the limited duration work you are hired to perform is complete. As an at-will employee, either you or the City may terminate your employment at any time, with or without cause, or prior notice. The position is subject to the following California Public Employees’ Retirement System (“CalPERS”) requirements:1
 Benefits: You will not receive any benefit, incentive, compensation in lieu of benefits, or other form of compensation in addition to the hourly rate of pay.2  960 Hour Limit: The hours you work cannot exceed 960 hours in a fiscal year (July 1 through June 30) for employment with all CalPERS employers combined.  Unemployment Insurance Payments: State law prohibits appointment of a retired annuitant by a CalPERS employer if, during the 12 month period prior to appointment, 1 You do not need CalPERS' approval to work as a retired annuitant. However, you and the City have equal responsibility to ensure your potential employment is lawful by meeting all of the requirements outlined in Employment After Retirement (PUB 33), which is found at https://www.calpers.ca.gov/docs/forms-publications/employment-after-retirement.pdf. The requirements are based on California Public Employee Retirement Law (“PERL”) and federal tax law. If you work in violation of these laws, CalPERS must terminate your retirement and collect all of the retirement allowance paid to you during the period of your unlawful employment. The City recommends you contact CalPERS regarding your individual circumstances. You can reach CalPERS by telephone at 888-225-7377 or TTY at (877) 249-7442 (Monday through Friday, 8 a.m. through 5 p.m.).
2 The only exception would be if you are reimbursed dollar for dollar for job-related expenses (e.g., mileage reimbursement, etc.).

Exhibit A to Attachment 1

he/she received unemployment insurance compensation for prior retired annuitant employment with any CalPERS employer. State law also requires a retired annuitant must certify in writing that he/she complies with this requirement.

To facilitate your onboarding, a member of the Human Resources Department will contact you to schedule a time to meet with you on your first day of work. To facilitate this process, please bring your unexpired California driver license (“CDL”)3 and proof of COVID-19 vaccination with you to your onboarding appointment.

As employees, we are committed to our mission of joining with our community to make Concord a city of the highest quality. We look forward to working with you and the contributions you will make in helping us attain this goal.

If you agree with this offer of employment as aforementioned, please sign/date below and return a copy of the signed/dated letter to me no later than August 15, 2022.

Sincerely,
Mark Bustillos
Chief of Police
By my below signature, I accept the offer of employment as set forth in this letter, and I certify I have not received unemployment insurance payments for prior retired annuitant work for any CalPERS employer within 12 months prior to my appointment date.

Print name Signature Date
cc: Personnel File
3 In lieu of an unexpired CDL, you may present any unexpired documents that establish identity found in List A or List B of the Form I-9 found at www.uscis.gov/i-9.

July 28, 2022

The Honorable Anthony Portantino
Chair, Senate Appropriations Committee
State Capitol, Room 412
Sacramento, CA 95814

RE: RE: AB 988 (Bauer-Kahan) Mental Health: Mobile Crisis Support Teams: 988 Crisis Hotline. Notice of SUPPORT (As Amended June 16, 2022)

Dear Senator Portantino:

The City of Concord is pleased to support AB 988 (Bauer-Kahan), which would enact the Miles Hall Lifeline and Suicide Prevention Act for the purpose of connecting individuals experiencing a mental health crisis with suicide prevention and mental health crisis counselors, mobile crisis support teams, and crisis receiving and stabilization services.

Across the nation, there is a growing movement to realign crisis services provided to individuals with behavioral health issues away from a law enforcement centric model to a more mental health crisis support model. A July 2020 article published by the National Conference of State Legislatures stated that nationally people experiencing a mental health crisis are more likely to encounter law enforcement than medical assistance.

California is facing a mental health crisis. According to the Steinberg Institute and The Kennedy Forum, cosponsors of this bill, one in six Californians live with a mental illness and suicides have been steadily climbing, increasing by 35 percent nationally over the last two decades. With calls to existing suicide prevention call centers skyrocketing as a result of the COVID-19 pandemic, this bill will ensure the state is prepared to answer calls of all Californians in need by providing a seamless transition from our current suicide prevention

6.a

system and handling the expected increase in volume demand of calls to suicide prevention lines.

For these reasons, the City of Concord supports AB 988.

Sincerely,

Dominic Aliano, Mayor
City of Concord

Copy: Concord City Council
Valerie Barone, City Manager
Justin Ezell, Assistant City Manager
Joelle Fockler, City Clerk

6.b