Concord City Council
January 10, 2023

1 COUNCILMEMBERS
Laura M. Hoffmeister, Mayor
Edi E. Birsan, Vice Mayor
Dominic D. Aliano
Laura M. Nakamura
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 ConcordPleasant Hill Health Care
District
Tuesday,
January 10, 2023
6:30 p.m. - Open Session

Council Chamber
1950 Parkside Drive
and/or Various
telephonic/electronic
locations
NOTICE: Members of the City Council, City staff/consultants, and the public will be able to participate either in-person and/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
 For meeting interpretation from English to Spanish during the meeting, please join the meeting Zoom webinar by following THIS LINK
 Para traducción de Ingles a Español durante esta junta, por favor entre a la junta de Zoom usando ESTE ENLACE
Amended Agenda
Adding
Interpreter Information
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/81680417979?pwd=Mk82dmFteTlvb3FETnhwODZ2NTRyZz09 o Webinar ID: 816 8041 7979
o Passcode: 791161
o By phone: US: +1 669 900 6833 or +1 346 348 7799 or 1 253 215 8782  Speakers will be asked to provide their name and city of residence, although providing this is not required for participation.
 Each speaker will be afforded up to 3 minutes to speak.  Speakers will be muted until their opportunity to provide public comment.  When called upon to speak, speakers will be promoted to panelists so they have the ability to turn on their cameras so they are visible to the Council and public.

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

1. OPENING
Roll Call
Pledge of Allegiance – Councilmember Obringer

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

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

3. PRESENTATION
a. Presentation – of Business Recognition Awards to Cobham Satzom, Pacific Service Credit Union, and Smile Family Dentistry - Dr. Kent Davis. Overview of program and introduction of recipients by Robert Carrera, Economic Development Specialist. Presentations by Melissa Rea, President/CEO, Greater Concord Chamber of Commerce. Introduction by Mayor Hoffmeister.

4. CITY COUNCIL/CITY COUNCIL SITTING AS THE LOCAL REUSE AUTHORITY (LRA)/CITY COUNCIL SITTING AS THE CONCORD-PLEASANT HILL HEALTH

CARE DISTRICT (CPHHCD) CONSENT CALENDAR
The public is entitled to address the City Council on items appearing on the Consent Calendar before or during the City Council’s consideration of the Consent Calendar. Adoption of the Consent Calendar may be made by one motion of the City Council, provided that any Councilmember, individual or organization may request removal of an item from the Consent Calendar for separate consideration.

If a request for removal of an item from the Consent Calendar has been received, the Mayor may defer action on the particular item and place the same on the regular agenda for consideration in any order s/he deems appropriate. Please see “How to Submit Public Comments” above.

CITY COUNCIL CONSENT CALENDAR
a. Considering – approval of the minutes from the December 6 and 13, 2022 meetings. Recommended by the City Clerk.
b. Considering – acceptance of improvements for the Library Roof Replacement Project (Project No. 2569); and directing the City Clerk to file a Notice of Completion. Recommended by the Director of Community Development.
4 c. Considering – the award of a Construction Contract in the amount of $3,546,189.75 to Ghilotti Bros Inc. for the Downtown Corridors Bicycle and Pedestrian Improvement Project (Broadway, Salvio, Oak, and Grant Streets) [Project No. 2424] and authorizing Staff to utilize the available project contingency for contract change orders up to 10% of the contract amount; and authorizing the Mayor to execute the contract in a form acceptable to the City Attorney (Funded by Affordable Housing and Sustainable Communities Grant Funds, Measure V Lease Revenue Funds). Recommended by the Director of Community Development.

CEQA: Not a project/exempt per CEQA Guidelines Sections 15060 (c), 15061 (b)(3), 15273, 15378, 15301, 15302, 15304, and/or Public Resources Code Section 21065.
d. Considering – adoption of a Resolution approving the request to Metropolitan Transportation Commission by the City of Concord for an allocation of $240,000 of Transportation Development Act Article 3 Pedestrian and Bicycle Project Funding for Fiscal Year 2023-2024. This funding will support the Sun Terrace Elementary School Crossing Enhancements Project, located on Floyd Lane at Falcon Drive and Cardinal Drive. Recommended by the Director of Community Development.

CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(3), 15273, 15378, 15282(j), 15378, 15301, 15302, 15303, 15304, Public Resources Code Section 21065, and/or 21080.19.
e. Considering – approval of an Amendment to a Professional Services Agreement with MIG, Inc. to address Senate Bill 9 for incorporation into the Objective Design Standards document, in an amount not to exceed $38,260, in a form approved by the City Attorney; and authorizing the City Manager to execute the agreement. (LEAP and REAP grant funds and General Fund) Recommended by the Director of Community Development.

CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c)(2), 15061(b)(3), 15060(c)(3), and/or 15378.
f. Considering – approval of the following for Residential Pavement Maintenance, Phase D (including authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney):

Agreement for Professional Services with R.E.Y. Engineers, Inc. in the not-toexceed amount of $874,495.60 (base agreement of $794,996 plus staff authority to spend up to a 10% contingency of $79,499.60) to provide design engineering and related services for Pavement Maintenance - Zone 3I (Project No. 2612) located between David Avenue and Monument Boulevard 5 and between Walnut Creek and Dias Drive; Pavement Maintenance - Zone 1M (Project No. 2614) located between Mount Diablo Creek and Clayton Road and between Ayers Road and Kirker Pass Road; Pavement Maintenance - Zone 4C (Project No. 2622) located between Cowell Road and the City of Walnut Creek border and between Rose Lane and Ygnacio Valley Road; and Pavement Maintenance - Zone 1I (Project No. 2625) located between Clayton Road and Galindo Creek and between Bailey Road and Willcrest Drive. Recommended by the Director of Community Development.

CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(3), 15378, 15262, and/or Public Resources Code Section 21065. g. Considering – approval of an Agreement for Professional Services with Bellecci & Associates, Inc. in the not-to-exceed amount of $170,335 (base agreement of $154,850 plus staff authority to spend up to a 10% contingency of $15,485) to provide design engineering and related services for Pavement Maintenance - Zone 2L (Project No. 2626) located between Concord Boulevard and Clayton Road and between Port Chicago Highway and the Contra Costa Canal. Recommended by the Director of Community Development.

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

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

DISTRICT CONSENT CALENDAR
h. 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.

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 ITEMS
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 – comments from the California Department of Housing and Community Development (HCD) on the City's draft Housing Element Update (HEU), and providing input to be incorporated into a revised HEU for adoption by the City Council. Report by Aaron Sage, Principal Planner. 6 CEQA: Not a project/exempt pursuant to CEQA Guidelines Sections 15060(c), 15061(b)(3) and 15378, and/or Public Resources Code Section 21065.
b. Considering – a report from staff regarding tobacco regulations and enforcement in Concord, and providing direction to staff on whether to draft policy that further regulates tobacco in Concord. Report by Justin Ezell, Assistant City Manager.
c. Considering – selection of applicants to interview for the Homeless Strategic Plan Working Group and directing staff on how to address having only one applicant for both the Mental Health Professional and the Substance Abuse Professional appointments. Report by Joelle Fockler, City Clerk. d. Considering – approval of the 2023 City Council Meeting Calendar (continued from December 13, 2022). Report by Joelle Fockler, City Clerk.

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

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

8. ADJOURNMENT
Next Meeting: Regular Meeting
Date: 1/24/2023 6:30 p.m.

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

In accordance with the Americans with Disabilities Act and California Law, it is the policy of the City of Concord to offer its public programs, services and meetings in a manner that is readily accessible to everyone, including those with disabilities. If you are disabled and require a copy of a public hearing notice, or an agenda and/or agenda packet in an appropriate alternative 7 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: John Tague <[email protected]>
Sent: Tuesday, December 27, 2022 8:17 PM
To: City Clerk <[email protected]>
Subject: City Council Meeting Citizen Correspondence General Public Comment Antenna TV & FTA Satellite Broadcast
Council,
Every citizen of Concord is struggling to make ends meet. You can just take it from me instead of wasting more of our tax $ on useless surveys. Most would like to participate more in city government too, but feel pushed away from what we all consider: possibly fraudulently elected "actors" & "actresses" dressed up & playing our city officials; Coincidentally, “a dog & PONY show”.

I DON'T want to have to purchase a TV plan from one of your Friend Companies or even an internet plan to watch online. This isn't good enough!
Before Council went making the broadcast of meetings available only through commercial companies like Comcast, Wave, AT&T, & Internet Providers: Why did Council not make the broadcast available for Free by way of digital antenna broadcast? First even? If I’m mistaken, why don’t you advertise the frequency it scans in on? Or any details as you do the channel #s for your corporate bosses?
I DEMAND this Council STOP looking out for the interest of corporations by forcing us to purchase their services; & look in the interest of it’s Citizens and immediately get to work making Concord TV available on Digital Antenna Broadcast TV & Digital KU Band Unencrypted Satellite Transmission.

This way citizens can tune in & view your charade Truly Free from the comfort of home.

Sincerely,
John Tague

2.a

From: City Clerk <[email protected]>
Sent: Tuesday, December 27, 2022 1:21 PM
To: City Clerk <[email protected]>; John Tague <[email protected]> Cc: Ines Tague <[email protected]>; Derek Jones <[email protected]> Subject: RE: City Council Meeting Citizen Correspondence General Public Comment New Business Good afternoon Mr. Tague – your emails from December 14 and December 15, 2022, will be included in the record, posted to the website, and sent to the City Council for review prior to the January 10, 2023 Regular City Council meeting.

Joelle Fockler, MMC | City Clerk
City of Concord | Website: www.cityofconcord.org
 (925) 671-3390 |  [email protected]
From: City Clerk <[email protected]>
Sent: Friday, December 16, 2022 10:24 AM
To: John Tague <[email protected]>; City Clerk <[email protected]> Cc: Ines Tague <[email protected]>; Derek Jones <[email protected]> Subject: RE: City Council Meeting Citizen Correspondence General Public Comment New Business Hello Mr. Tague – thank you for your email inquiring about public comment at City Council meetings.

The Public Comment period is at the beginning of the meeting, and if public comment goes longer than 15 minutes, it is continued to the end of the meeting to allow comments to be submitted. There are a few different ways the public can participate in public comment, and instructions for public comment are included in all City meeting agendas. There are three ways the public can submit public comment:
written, in-person, and live remote public comments. With access to live remote public comment citizens can join the meeting via Zoom either on their computer or phone. I’ve listed the instructions for public comment below for your use.

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. The Zoom link for meetings is included on all City Council Agendas. You can sign up to receive City Council agendas via email here.
 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.

Joelle Fockler, MMC | City Clerk
City of Concord | Website: www.cityofconcord.org
 (925) 671-3390 |  [email protected]
From: John Tague <[email protected]>
Sent: Thursday, December 15, 2022 12:07 PM
To: City Clerk <[email protected]>
Cc: Ines Tague <[email protected]>; Derek Jones <[email protected]> Subject: Re: City Council Meeting Citizen Correspondence General Public Comment New Business Public Comment Expansion
Council,
I had the thought that to better serve the community, council could hold public comment at the beginning & end of each meeting to better accommodate a wide range of resident’s work schedules & bring forward more real issues.

Sincerely,
John Tague
Sent from my iPhone

On Dec 14, 2022, at 3:23 PM, John Tague <[email protected]> wrote:

City Negligence & Lack of Citizen Entitlement Services
Council,
Watching: I see everyone come up and first praise you all with thanks; I just don’t get it, I certainly am not happy I now feel compelled enough to have to take a stand. I want you to know I don’t enjoy this & that I’d rather be at Vinnies.

I thought it despicable watching yesterday’s meeting while driving trying to make the meeting & comment only to be turned away, listening to y’all plan your vacation time & coordinate giving cake jobs to friends disguised as helping the homeless.

So sick that I’ve gone to the pool more times to have to walk back to my truck rather than swim.

I’d like y’all to expand your imagination with me for a moment: 24 / 7 / 365 FREE Pool Access for Concord Residents! Anything less is Theft! & I’d also like the water heater turned up to a higher temp when not Summer.

Also I’d like to take by kids to Todos Santos Plaza at night without feeling like the LED lights ALWAYS Flickering are going to give me an epileptic seizure even though I’ve never suffered one.

I can’t even sit in the park at night after having to leave the pool because it’s never open.

And when my kids & wife I know are to drive down east Willow Pass to hwy 4, I make sure I pray.

Sincerely,
John Tague
Sent from my iPhone

Business Recognition Awards
JANUARY 10, 2023
1 3.a

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

Presentation of Awards
3 MELISSA REA, PRESIDENT/CEO, GREATER CONCORD CHAMBER OF COMMERCE

Cobham Satcom
4 INNOVATION

Pacific Service Credit Union
5 EMPLOYMENT | COMMUNITY IMPACT

Smile Family Dentistry – Dr. Kent Davis
6 LONGEVITY

Congratulations
7

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, DECEMBER 6, 2022
The Concord City Council met in a regular meeting in the Council Chamber, located at 1950 Parkside Drive and via various telephonic/electronic locations at 6:30 p.m. on Tuesday, December 6, 2022, with Mayor Aliano presiding. The pledge of allegiance was led by Councilmember McGallian.

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

ROLL CALL
COUNCILMEMBERS PRESENT: Edi Birsan, Laura Hoffmeister, Tim McGallian, Carlyn Obringer, Dominic Aliano
STAFF PRESENT: Valerie Barone, City Manager; Susanne Brown, City Attorney; Justin Ezell, Assistant City Manager; Patti Barsotti, City Treasurer; Joelle Fockler, City Clerk; Stefanie Ananthan, Deputy City Clerk; Greg Taylor, Director of Information Technology; Kevin Marstall, Director of Community Development; Steve Voorhies, Director of Parks and Recreation; Mark Bustillos, Chief of Police; Will Tarbox, Director of Public Works; Carlton Thompson, City Engineer; Bernard Enrile, CIP Manager; Bruce Davis, Senior Civil Engineer; Tianjun Cao, Associate Civil Engineer

MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Franklin; Mike Sponsler, Assembly Member Grayson’s Office; Alexia Lopez, Senator Glazer’s Office; Colleen Awad, Supervisor Mitchoff’s Office; Debra Ballinger, Monument Impact; Judith Ortiz, Monument Impact; Kristi Laughlin; Ken Carlson, Pleasant Hill City Council; Cora Mitchell, Melissa Rea, Greater Concord Chamber of Commerce; Wendy Hershey; D’Marco Anthony;
Natalie; Ady Olvera; Hope Johnson, Concord; Ajit Kaushal; Kenji Yamada

PUBLIC COMMENT PERIOD
Franklin spoke about the walk that was held on November 2, 2022, in memory of his cousin Timothy Charles Lee who was killed in 1985.

PRESENTATION
MAYOR’S COMMUNITY SERVICE AWARD – Jacqueline Smith
Mayor Aliano introduced Jacqueline Smith from Unity Center and presented her with the Mayor’s Community Service Award for her contributions and support of the community over the past year.

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

4.a

City Council Minutes December 6, 2022
2 Mike Sponsler, Assembly Member Grayson’s Office, presented a Certificate of Appreciation.

Mayor Aliano closed the public comment period.

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

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

CITY COUNCIL CONSENT CALENDAR
APPROVAL OF MINUTES – September 27, October 4, 11, and 25, and November 1, 8, and 22, 2022 A motion was made by McGallian and seconded by Birsan to approve the minutes from the meetings on September 27, October 4, 11, and 25, and November 1, 8, and 22, 2022. The motion passed by unanimous vote of the Council.

THE TREASURER’S REPORT FOR THE PERIOD JULY 1 – SEPTEMBER 30, 2022 – City Treasurer Patti Barsotti
A motion was made by McGallian and seconded by Birsan to receive the Treasurer’s Report for the period July 1 – September 30, 2022. The motion passed by unanimous vote of the Council.

ADOPTION OF ORDINANCE NO. 22-13 – Amending the Concord Municipal Code Title 15 (Building and Building Regulations)
A motion was made by McGallian and seconded by Birsan to adopt Ordinance No. 22-13 entitled, “An Ordinance Amending Concord Municipal Code Title 15 (Buildings and Building Regulations) to Include the 2022 California Building Standards Code and the 2021 Uniform Swimming Pool, Spa and Hot Tub Code and Ratifying the Amendments to the 2022 California Fire Code Contained in the Contra Costa County Ordinance No. 2022-34.” Ordinance No. 22-13 was introduced on November 8, 2022, by reading of the title only and waiving further reading. The motion passed by unanimous vote of the Council.

APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT – RRM Design Group (“RRM”) A motion was made by McGallian and seconded by Birsan to approve a Professional Services Agreement with RRM Design Group (“RRM”) to update the pre-approved Accessory Dwelling Units (ADUs) drawings in conformance with the 2022 California Building Standards Code in an amount not to exceed $22,500 for a one-year term, in a form approved by the City Attorney; and authorizing the City Manager to execute the agreement. The motion passed by unanimous vote of the Council.

AWARD OF CONSTRUCTION CONTRACT – Rosas Brothers Construction for Citywide Accessibility Improvements No. 9 (Project No. 2602)
A motion was made by McGallian and seconded by Birsan to award a Construction Contract in the amount of $253,362 to Rosas Brothers Construction for the Citywide Accessibility Improvements No. 9 (Project No. 2602) and authorizing staff to utilize the available project contingency for contract change orders up to 10% of the contract amount; authorizing the Mayor to execute the contract in a form acceptable to the City Attorney; and approving a related budget transfer of $23,000 from Citywide Accessibility Improvements No. 8 (Project No. 2519). The motion passed by unanimous vote of the Council.

City Council Minutes December 6, 2022
3 AWARD OF ON-CALL CONSTRUCTION CONTRACT – Kerex Engineering Inc. for On-Call Citywide Sidewalk Replacement Phase 3 (Project No. 2341)
A motion was made by McGallian and seconded by Birsan to award an On-Call Construction Contract for On-Call Citywide Sidewalk Replacement Phase 3 (Project No. 2341) to Kerex Engineering Inc. of Pleasant Hill for one year (with two one-year extensions possible) in the amount not to exceed $400,000 annually. The motion passed by unanimous vote of the Council.

APPROVAL OF A FACILITY USE AGREEMENT – Terrapins Swim Team A motion was made by McGallian and seconded by Birsan to approve a Facility Use Agreement with the Terrapins Swim Team covering the period of January 1, 2023, through December 31, 2027, and authorizing the City Manager to execute the Agreement in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.

ADOPTION OF RESOLUTION NO. 22-69 APPROVING THE SUMMARY VACATION OF EXCESS RIGHT OF WAY ABUTTING THE EAST SIDE OF 2400 WILLOW PASS ROAD AND ADOPTION OF RESOLUTION NO. 22-70 DECLARING APPROXIMATELY 54 SQUARE FEET OF CITY PROPERTY

ABUTTING THE NORTHWEST EDGE OF THAT EXCESSIVE RIGHT OF WAY TO BE EXEMPT SUPRLUS LAND – The Argent Affordable Housing Project
A motion was made by McGallian and seconded by Birsan to:

1. Adopt Resolution No. 22-69 entitled, “A Resolution Approving the Summary Vacation of Excess Right of Way Abutting 2400 Willow Pass Road (APN 126-082-008)” pursuant to Section 8334 of the Streets and Highways Code;

2. Adopt Resolution No. 22-70 entitled, “A Resolution Declaring Approximately 54 Square Feet of City Property Located Between Willow Pass Road and 2400 Willow Pass Road, Concord CA (APN 126-082-008)) Acquired by the City as Part of that Grant Deed Recorded at Book 14549, Page 697, of the Contra Costa County Official Records, as Exempt Surplus Land;” and

3. Authorize the City Manager to execute a quitclaim deed prepared by the City Attorney transferring that approximately 54 square feet of excess surplus land to 2400 Willow Pass, L.P., a California limited partnership, upon (a) its acquisition of 2400 Willow Pass Road (APN 126-082-008), (b) execution of an offer of dedication to the City right of way at the corner of Willow Pass Road and Port Chicago Highway, and (c) payment to the City of the fair market price of $8,262, to facilitate the development of the Argent affordable housing project.

The motion passed by unanimous vote of the Council.

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

DISTRICT (CPHHCD) CONSENT CALENDAR
ADOPTION OF CITY COUNCIL RESOLUTION NO. 22-68, LOCAL REUSE AUTHORITY RESOLUTION NO. 22-46, CONCORD-PLEASANT HILL HEALTH CARE DISTRICT RESOLUTION NO. 22-038 – Continue Meetings Remotely, AB 361
A motion was made by McGallian and seconded by Birsan to adopt Resolution No. 22-68, Local Reuse Authority Resolution No. 22-46, and Concord/Pleasant Hill Health Care District Resolution No. 22- 038 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 unanimous vote of the Council.

City Council Minutes December 6, 2022
4 CITY COUNCIL REORGANIZATION PROCEEDINGS
ADOPTION OF RESOLUTION NO. 22-71 – Declaring and Accepting the Results of the November 8, 2022, General Municipal Election
City Clerk Joelle Fockler presented the results of the November 8, 2022, General Municipal Election.

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

A motion was made by Birsan and seconded by Obringer to adopt Resolution No. 22-71 entitled, “A Resolution Declaring and Accepting the Results of the November 8, 2022, General Municipal Election for the City of Concord.“ The motion passed by unanimous vote of the Council.

RECOGNITION OF AND COMMENTS BY OUTGOING COUNCILMEMBER – Timothy A. McGallian Mayor Aliano opened a public comment period.

Alexia Lopez, Senator Glazer’s Office, thanked Councilmember McGallian for his service and presented Councilmember McGallian a California Senate Resolution and Mayor Aliano a certificate of recognition.

Colleen Awad, Supervisor Mitchoff’s Office, thanked Councilmember McGallian for his service and presented him a certificate of recognition.

Mike Sponsler, Assembly Member Grayson’s Office, thanked Councilmember McGallian for his service and presented him a certificate of recognition.

City Treasurer Patti Barsotti thanked Councilmember McGallian for his service and for being a resource for her.

Mayor Aliano closed the public comment period.

Following comments by the Council, Councilmember McGallian made comments regarding his tenure on the Concord City Council, thanked his colleagues and family, and shared his accomplishments during his time served on the City Council.

COMMENTS ON HIS YEAR AS MAYOR – Mayor Dominic Aliano
Mayor Aliano opened a public comment period.

Mike Sponsler, Assembly Member Grayson’s Office, presented Mayor Aliano a congratulatory certificate on his term as Mayor.

Franklin congratulated the Council and requested justice for his cousin.

The following people thanked Mayor Aliano for his year of service:

Debra Ballinger and Judith Ortiz, Monument Impact
Kristi Laughlin
Ken Carlson, Pleasant Hill City Council
Mayor Aliano closed the public comment period.

City Council Minutes December 6, 2022
5 Following comments by the Council, Mayor Aliano made comments regarding his year as Mayor, thanked his colleagues and family, and shared his accomplishments over the past year.

OATH OF OFFICE – Councilmembers-elect Aliano, Hoffmeister, and Nakamura and City Treasurer-elect Edith “Patti” Barsotti
City Clerk Joelle Fockler administered the Oath of Office to Laura Hoffmeister, Councilmember, District 1, Dominic Aliano, Councilmember, District 3; Laura Nakamura, Councilmember, District 5; and Patti Barsotti, City Treasurer.

Mayor Aliano opened a public comment period. The following people spoke in recognition of those receiving their Oath of Office:

Cora Mitchell
Melissa Rea, Greater Concord Chamber of Commerce
Wendy Hershey
D’Marco Anthony
Natalie
Franklin
Ady Olvera
Hope Johnson, Concord
Ajit Kaushal
Kenji Yamada
COMMENTS – Councilmembers-elect and City Treasurer-elect Councilmembers and City Treasurer each made comments, thanking their colleagues, staff, and families for support.

ADOPTION OF RESOLUTION NO. 22-72 – Confirming and Designating the Mayor A motion was made by Aliano and seconded by Birsan to nominate Vice Mayor Laura Hoffmeister as Mayor of the City of Concord and adopt Resolution No. 22-72 entitled, “A Resolution Designating Laura M. Hoffmeister as Mayor of the City of Concord.“
Mayor Aliano opened a public comment period, and upon receiving no public comment, closed the public comment period.

The motion passed by unanimous vote of the Council.

Mayor Aliano turned the meeting over to the newly appointed Mayor Hoffmeister.

ADOPTION OF RESOLUTION NO. 22-73 – Confirming and Designating the Vice Mayor A motion was made by Hoffmeister and seconded by Obringer to nominate Councilmember Edi Birsan as Vice Mayor of the City of Concord and adopt Resolution No. 22-73 entitled, “A Resolution Designating Edi E. Birsan as Vice Mayor of the City of Concord.” Mayor Hoffmeister opened a public comment period, and upon receiving no public comment, closed the public comment period.

The motion passed by unanimous vote of the Council.

City Council Minutes December 6, 2022
6 CONFIRMATION OF LOCAL REUSE AUTHORITY REORGANIZATION
A motion was made by Aliano and seconded by Birsan confirming the designation of Mayor Hoffmeister and Vice Mayor Birsan to serve as the Chair and Vice Chair of the Local Reuse Authority for the Concord Naval Weapons Station Reuse Plan respectively, as authorized by Resolution No. 06-01, adopted January 10, 2006.

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

The motion passed by unanimous vote of the Council.

CORRESPONDENCE
a. Agenda Item No. 2.a – Written Public Comment
b. Agenda Item No. 4.g – Terrapins Swim Team Agreement – Benched Correspondence c. Agenda Item No. 5.a – Election Results – Benched Staff Report and Resolution d. Agenda Item No. 5.a – Election Results – PowerPoint Presentation

ADJOURNMENT
By order of the Mayor, the meeting was adjourned on December 6, 2022, at 8:17 p.m.

LAURA M. HOFFMEISTER
MAYOR

JOELLE FOCKLER, MMC

CITY CLERK

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, DECEMBER 13, 2022
The Concord City Council met in a regular meeting in the Council Chamber, located at 1950 Parkside Drive and via various telephonic/electronic locations at 6:30 p.m. on Tuesday, December 13, 2022, with Mayor Hoffmeister presiding. The pledge of allegiance was led by Councilmember Nakamura.

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

ROLL CALL
COUNCILMEMBERS PRESENT: Dominic Aliano, Edi Birsan, Laura Nakamura, Carlyn Obringer, Laura Hoffmeister
STAFF PRESENT: Susanne Brown, City Attorney; Justin Ezell, Assistant City Manager; Joelle Fockler, City Clerk; Stefanie Ananthan, Deputy City Clerk; Greg Taylor, Director of Information Technology; Kevin Marstall, Director of Community Development; Will Tarbox, Director of Public Works; Mark Bustillos, Chief of Police; Karan Reid, Director of Finance; Jasmin Loi, Director of Human Resources; James Nakayama, Police Captain; Carlton
Thompson, City Engineer; Bruce Davis, Senior Civil Engineer; Leng Power, Community Services Manager; Craig Blythe,
Administrative Services Manager; Bernard Enrile, CIP Manager; Justine Gee, Associate Civil Engineer

MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Susan Requa, Concord; Jose Navarro, Concord; Antonio Avila Garcia, Concord; D’Marco Anthony; Mark Hagan, Leaven Kids; Emily Gaines, Concord; Judith Herman, Concord; Hope
Johnson, Concord; Natalie

PUBLIC COMMENT PERIOD
Susan Requa, Concord, spoke in opposition to Concord First Partners as the Master Developer of the former Concord Naval Weapons Station project.

Jose Navarro, Concord, requested assistance from the City after receiving a 60-day eviction notice due to renovations at his apartment complex.

Antonio Avila Garcia, Concord, requested assistance from the City after receiving a 60-day eviction notice due to renovations at his apartment complex.

D’Marco Anthony spoke in opposition to Concord First Partners as the Master Developer of the former Concord Naval Weapons Station project.

City Council Minutes December 13, 2022
2 ANNOUNCEMENT
RECRUITMENT FOR OPENINGS ON CITY BOARDS AND COMMISSIONS – Concord’s Bicycle and Pedestrian Advisory Committee; Commission on Aging; Community Services Commission; Concord Pavilion Community Outreach Committee; Design Review Board; Parks, Recreation and Open Space Commission; and Planning Commission
City Clerk Joelle Fockler announced openings on Concord's Bicycle and Pedestrian Advisory Committee; Commission on Aging; Community Services Commission; Concord Pavilion Community Outreach Committee; Design Review Board; Parks, Recreation and Open Space Commission; and Planning Commission; and setting a deadline of Friday, January 20, 2023, at 5 p.m. for applications to be due to the City Clerk.

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

CITY COUNCIL CONSENT CALENDAR
APPROVAL OF THE 2023 CITY COUNCIL MEETING COUNCIL
This item was removed from consideration on the Consent Calendar by Councilmember Obringer who asked if it would be beneficial for the City Council to recess in August instead of July.

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

Following discussion by the Council, direction was given to poll staff regarding their preference of a July or August break, to research meeting start times, and to bring the information back to Council for consideration of the 2023 City Council Meeting Calendar at a future meeting.

AUTHORIZATION TO PURCHASE – Three Ford Super Duty F-250 Trucks A motion was made by Aliano and seconded by Obringer to authorize the purchase of three new Ford Super Duty F-250 trucks in the amount not to exceed $200,000 and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.

ADOPTION OF RESOLUTION NO. 22-74 – Supporting Efforts to Exonerate the Port Chicago 50 This item was removed from consideration on the Consent Calendar by Councilmember Obringer, who spoke of the efforts to exonerate the 50 sailors and thanked her colleagues for support.

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

A motion was made by Obringer and seconded by Birsan to adopt Resolution No. 22-74 entitled, “A Resolution Supporting the Local, State, and Federal Efforts to Exonerate the Port Chicago 50.” The motion passed by unanimous vote of the Council.

City Council Minutes December 13, 2022
3 APPROVAL OF FIVE MASTER SERVICES AGREEMENTS – On-Call Planning Services A motion was made by Aliano and seconded by Obringer to approve five Master Services Agreements, each in the not-to-exceed amount of $500,000 over an up-to-five year term, for on-call consultant services for the Planning Division, 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.

APPROVAL OF AMENDMENTS EXTENDING COMMUNITY DEVELOPMENT BLOCK GRANT – CORONAVIRUS (CDBG-CV) AGREEMENTS – Shelter, Inc. and ECHO Housing A motion was made by Aliano and seconded by Obringer to approve amendments extending the Community Development Block Grant – Coronavirus (CDBG-CV) agreements with Shelter, Inc. and ECHO Housing from December 31, 2022, to June 30, 2023, without change to the agreement amounts, and authorize the City Manager to execute such amendments subject to City Attorney approval. The motion passed by unanimous vote of the Council.

APPROVAL OF TASK ORDER NO. 1 – LCC Engineering & Surveying, Inc.

A motion was made by Aliano and seconded by Obringer to approve Task Order No. 1 with LCC Engineering & Surveying, Inc. (LCC) of Martinez, California, in the not-to-exceed amount of $168,718 (base agreement of $153,380 plus staff authority to spend up to a 10% contingency of $15,338) to provide design and related services for Pavement Maintenance – Zone 3N (Project No. 2623), and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.

ADOPTION OF RESOLUTION NO. 22-75 – Finding that there Remains a Reasonable Relationship between Current Needs for the Offsite Street Improvement Program (OSIP), Art in Public Places, and Master Storm Drain Fees and the Purposes for which they were Originally Charged A motion was made by Aliano and seconded by Obringer to adopt Resolution No. 22-75 entitled, “A Resolution Finding that there Remains a Reasonable Relationship between Current Needs for the Offsite Street Improvement Program (OSIP), Art in Public Places, and Master Storm Drain Fees, and the Purposes for which they were Originally Charged (Government Code Section 66000 et seq.).” The motion passed by unanimous vote of the Council.

ADOPTION OF RESOLUTION NO. 22-4735.7- Police Officers Association MOU and RESOLUTION NO. 22-4735.8 – Police Management Association MOU for the period January 1, 2023 – June 30, 2026 This item was pulled from consideration on the Consent Calendar by Concord resident D’Marco Anthony, who submitted an email with questions about the agreements.

Mayor Hoffmeister opened a public comment period.

Mark Hagan, Leaven Kids, spoke in support of the Memorandums of Understanding.

Mayor Hoffmeister closed the public comment period.

A motion was made by Aliano and seconded by Obringer to adopt Resolution No. 22-4735.7 entitled, “A Resolution Approving the Negotiated Terms and Authorizing the City Manager to Execute a Three-and-a-Half-Year Memorandum of Understanding between the City of Concord and the Concord Police Association for the period January 1, 2023, through June 30, 2026; and Approving an Appropriation of $675,100 from General Fund Balance in Fiscal Year 2022-23 to Implement the Terms of the Memorandum of Understanding” and adopt Resolution No. 22-4735.8 entitled, “A Resolution Approving the Negotiated Terms and Authorizing the City Manager to Execute a Three-and-a-Half-Year Memorandum of Understanding between the City of Concord and the Concord Police Managers’ Representation Unit for the Period January 1, 2023, through June 30, 2026; and Approving an

City Council Minutes December 13, 2022
4 Appropriation of $43,600 from General Fund balance for FY2022-23 to Implement the Terms of the Memorandum of Understanding.” The motion passed by unanimous vote of the Council.

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

DISTRICT (CPHHCD) CONSENT CALENDAR
ADOPTION OF CITY COUNCIL RESOLUTION NO. 22-76, LOCAL REUSE AUTHORITY RESOLUTION NO. 22-47, CONCORD-PLEASANT HILL HEALTH CARE DISTRICT RESOLUTION NO. 22-039 – Continue Meetings Remotely, AB 361
A motion was made by Aliano and seconded by Obringer to adopt Resolution No. 22-76, Local Reuse Authority Resolution No. 22-47, and Concord/Pleasant Hill Health Care District Resolution No. 22- 039 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 unanimous vote of the Council.

CITY COUNCIL CONSIDERATION ITEMS
ADOPTION OF RESOLUTION NO. 22-77– Establishing a Working Group for the Homeless Strategic Plan; CALLING FOR RECRUITMENT – to fill five positions; SELECTING SPECIAL MEETING DATE – January 17 or 25; SELECT TWO COUNCILMEMBERS – to serve on the Working Group Assistant City Manager Justin Ezell presented the staff report, explaining that the Council was being requested to adopt a Resolution forming a seven member Working Group to advise staff, the consultant team, and the Council on the development of the Homeless Strategic Plan and reviewed the Housing and Economic Development Committee’s (McGallian/Aliano) recommended approach for membership and selection of Working Group members. Mr. Ezell reported that the Council was being asked to consider and provide direction on the following:

1. Composition of the Working Group

2. Announce a recruitment to fill five positions

3. Select January 17 or 25, 2023, as a special meeting date to:
 Conduct interviews and make Working Group Appointments; and  Select two Councilmembers to serve on the Working Group and assign one as Chair and one as Vice Chair
Following questions from the City Council, Mayor Hoffmeister opened a public comment period.

Emily Gaines, Concord, requested that the Working Group timeline be shortened, priority given to a Concord resident for the Business Member representative, and appoint Councilmember Nakamura and Vice Mayor Birsan to the Working Group.

Judith Herman, Concord, requested that the Business Member representative be a Concord resident.

Hope Johnson, Concord, requested that the Council appoint members to create a well-rounded committee.

Natalie supported the appointment of Councilmember Nakamura to the Working Group and recommended that the Business Member be a Concord business owner that regularly interacts with unhoused residents.

Mayor Hoffmeister closed the public comment period.

City Council Minutes December 13, 2022
5 Following comments from the City Council, a motion was made by Birsan and seconded by Aliano to adopt Resolution No. 22-77 entitled, “A Resolution Establishing a Homeless Strategic Plan Working Group” with the following amendments:

1.1.1 One representative that is a substance abuse professional.

1.1.2 One representative that is a mental health professional.

1.1.8 One representative that is a veteran homeless services provider.

1.2 Member Alternates: Members may designate an alternate in the event they cannot attend a meeting. However, alternates must be a member of the agency or an expert in the subject matter represented by the primary member and be of sufficient expertise and qualification to participate fully in the meeting discussion. A member may designate one alternate.

Members and their alternates are responsible for fully sharing information and communicating Working Group discussions with each other. If a member cannot attend a scheduled meeting, they shall make every effort to notify staff thereof and arrange for their designated alternate to attend in their place.

The motion passed by unanimous vote of the Council.

A motion was made by Aliano and seconded by Birsan to open a recruitment to fill seven positions on the Homeless Strategic Plan Working Group and set a deadline of Tuesday, January 3, 2023, at 5 p.m. for applications to be due to the City Clerk. The motion passed by unanimous vote of the Council.

Staff was directed to schedule a special meeting to conduct interviews and make Working Group appointments, select two Councilmembers to serve on the Working Group, and assign one as Chair and one as Vice Chair, with the preference for the meeting to be held on January 17, 2023.

ADOPT RESOLUTION NO. 22-78 – Intent to Participate in the Green Empowerment Zone Mike Sponsler, Assembly Member Grayson’s Office, presented the report, explaining that California State Assembly Member Tim Grayson authored AB 844, signed into law on September 28, 2021, creating a Green Empowerment Zone for the Northern Waterfront area of Contra Costa County. Mr.

Sponsler reported that if the City wishes to participate in the Green Empowerment Zone, it must adopt a resolution stating its intent, and appointment of a Councilmember to serve a two-year term on the board of directors must occur.

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

A motion was made by Obringer and seconded by Aliano to adopt Resolution No. 22-78 entitled, “A Resolution Stating the City of Concord’s Intent to Participate in the Green Empowerment Zone.” The motion passed by unanimous vote of the Council.

Mayor Hoffmeister stated that the appointment of a Councilmember to serve a two-year term on the Green Empowerment Zone Board of Directors will occur in January when the other Councilmember appointments are made.

Staff was directed to prepare a white paper on MCE energy options and timelines.

CORRESPONDENCE
a. Written Public Comment, Agenda Item No. 2A
b. Benched Correspondence, Agenda Item No. 4H, POA and PMA MOUs c. PowerPoint, Agenda Item No. 5A, Working Group for the Homeless Strategic Plan

City Council Minutes December 13, 2022
6 COUNCIL REPORTS
Councilmembers shared information on events and activities in which they had participated since the last meeting and commented on items of interest.

ADJOURNMENT
By order of the Mayor, the meeting was adjourned on December 13, 2022, at 8:28 p.m.

LAURA M. HOFFMEISTER
MAYOR

JOELLE FOCKLER, MMC

CITY CLERK

Staff Report
Date: January 10, 2023
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kevin Marstall, PE, Director of Community Development Carlton Thompson, PE, City Engineer
Bernard Enrile, PE, CIP Manager
Prepared by: Deyuanne Lei, PE, Associate Civil Engineer [email protected]
(925) 671-3049
Subject: Considering acceptance of improvements for the Library Roof Replacement Project (Project No. 2569); and directing the City Clerk to file a Notice of Completion.

Report in Brief
On August 9, 2022, the City Council awarded a construction contract to Clark Roofing, Inc. (Clark) of Sacramento, CA in the amount of $239,000, and authorized a 10% contingency for the Library Roof Replacement Project (Project No. 2569). The project, which was completed on-time and within budget, included replacement of the entire Library roof, including gutters, trim, downspouts, shingles and underlying material as required to provide a fully functional roof. The work was satisfactorily complete, as of November 3, 2022. This project was primarily funded by the voters through Measure V revenue.

Recommended Action
Accept the improvements for the Library Roof Replacement Project (Project No. 2569); and direct the City Clerk to file a Notice of Completion.

Background
On August 9, 2022, the City Council awarded a construction contract to Clark Roofing, Inc. (Clark) of Sacramento, CA in the amount of $239,000, and authorized a 10% contingency for the Library Roof Replacement Project (Project No. 2569). Construction included replacement of the entire Library roof, including gutters, trim, downspouts,

4.b

City Council Agenda Report
Agenda Item No. 4.b
January 10, 2023
shingles and underlying material. Concrete spalls were also repaired at the canopy entrance, and City Staff replaced the light fixtures at the canopy entrance. The Engineering Division managed design, bid advertisement, and construction with the assistance of Swinerton providing construction management. Clark satisfactorily completed construction on November 3, 2022.

Analysis
The project successfully replaced the entire Library roof to provide a fully functional roof.

The project was completed on time and within budget. Clark Roofing, Inc. has provided the required 10% warranty bond, which guarantees the work from material and workmanship defects for one (1) year.

Financial Impact
The project was completed within the authorized budget. The project was funded by an appropriation of $300,000 from Measure V Funds (Fund 407) and a budget transfer in the amount of $70,000 from Building Maintenance – Holding Account (Project No. 2592, Fund 630).

Public Contact
The City Council Agenda was posted.

Attachments

1. Location Map

2. Notice of Completion

LOCATION MAP

LIBRARY ROOF REPLACEMENT PROJECT
PROJECT NO. 2569
Attachment 1

RECORDING REQUESTED BY AND WHEN
RECORDED MAIL TO:

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

NOTICE OF COMPLETION
(Cal. Civ. Code §§ 8180-8190, 8100-8118, 9200-9208)
A. The City of Concord, a California municipal corporation, entered into a written contract with Clark Roofing, Inc. (Contractor) dated August 9, 2022. The surety on said contract is held by The Ohio Casualty Insurance Company.

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

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

Clark Roofing, Inc., 2076 Acoma Street, Sacramento, CA 95815 (3) The name and address of the construction lender, if any, are:

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

The real property herein referred to is situated in the City of Concord, County of Contra Costa, State of California, and is described as follows: Project No. 2569 Library Roof Replacement Project.

Project included replacement of the entire Library roof, including gutters, trim, downspouts, shingles, and underlying material as required to provide a fully functional roof. (5) The name, address, and relationship to the parties of the person giving the notice:

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

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

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

Executed on ___________________________, 20____, at
Concord, California
______________________________________
Carlton Thompson, PE, City Engineer (Signature)
ATTEST:
______________________________________
Joelle Fockler, MMC
City of Concord City Clerk
Attachment 2

Staff Report
Date: January 10, 2023
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kevin Marstall, PE, Director of Community Development Carlton Thompson, PE, City Engineer
Bernard Enrile, PE, CIP Manager
Prepared by: Tianjun Cao, PE, Associate Civil Engineer
[email protected]
(925) 671-3243
Subject: Considering the award of a Construction Contract in the amount of $3,546,189.75 to Ghilotti Bros Inc. for the Downtown Corridors Bicycle and Pedestrian Improvement Project
(Broadway, Salvio, Oak, and Grant Streets) [Project No. 2424] and authorizing Staff to utilize the available project
contingency for contract change orders up to 10% of the contract amount; and authorizing the Mayor to execute the contract in a form acceptable to the City Attorney (Funded by Affordable Housing and Sustainable Communities Grant
Funds, Measure V Lease Revenue Funds)
CEQA: Not a project/exempt per CEQA Guidelines Sections 15060 (c), 15061 (b)(3), 15273, 15378, 15301, 15302, 15304, and/or Public Resources Code Section 21065.

Report in Brief
The Downtown Corridors Bicycle and Pedestrian Improvement Project (City Project No. 2424) will construct pedestrian and bicycle related improvements within the Downtown area. The streets included in the project are Broadway, Salvio, Grant, and Oak Streets.

See attached location map (Attachment 1).

Proposed pedestrian improvements will include sidewalk widening, enhancements to existing crosswalks, the addition of a new crosswalk at Salvio Street and Adobe Street,

4.c

City Council Agenda Report
Agenda Item No. 4.c
January 10, 2023
and new street lighting with additional upgrades to existing lighting. This project will include aesthetic improvements to the corner of Salvio Street and Mt. Diablo Street in front of Peet’s Coffee. The parking on Salvio Street, on the business side of the street, between Mt. Diablo Street and Grant Street, thirteen parking stalls, will be removed to accommodate additional space for pedestrians and outdoor space for businesses.

Bicycle improvements include the addition of buffered bike lanes along Broadway and Salvio Streets from Harrison to Galindo Streets, a contra-flow bike lane on Grant Street from Salvio Street to Willow Pass Road, and buffered bike lanes on Oak Street from Grant to Galindo Streets. The addition of the contra flow on Grant Street will change the on-street parking configuration from diagonal parking to parallel parking, which will result in the loss of six parking spots. There will also be a landscaping component to the project that includes the addition of two bio-retention facilities one on Salvio Street and one on Oak Street. The project will re-pave all of Oak Street from Grant Street to Galindo Street.

The project has been designed and competitively bid; and is at the point of construction contract award. If award is approved by the City Council, project construction is expected to begin in March 2023 and be completed by October 2023, weather permitting.

Recommended Action
Award the construction contract in the amount of $3,546,189.75 to Ghilotti Bros Inc. of San Rafael, CA for the Downtown Corridors Bicycle and Pedestrian Improvement Project (Project No. 2424); authorize Staff to utilize the available project contingency for contract change orders that become necessary up to 10% of contract amount, and authorize the Mayor to execute the contract in a form acceptable to the City Attorney, and make the CEQA determinations as provided in this staff report.

Background
On February 10, 2020, the City’s Transportation Division collaborated with Resources for Community Development (RCD) and submitted the Affordable Housing and Sustainable Communities (AHSC) grant application in the amount of $3,800,000 for the Downtown Corridors Bicycle and Pedestrian Improvements Project. On June 15, 2020, California Strategic Growth Council (SGC) advised staff that the City’s AHSC grant application had been approved. Project design was at 35% completion at the time of grant application approval. Due to various steps needed to be completed by the AHSC board and RCD, the City did not receive official documentation of grant funding approval until 2022. Project design was paused at the draft design stage since February 2022 because final design could not be completed until the City was able to receive the AHSC grant funds. City Council accepted the grant funding at the September 27, 2022 meeting. After the acceptance of grant funds, design was completed in October 2022.

City Council Agenda Report
Agenda Item No. 4.c
January 10, 2023
This project is consistent with the Downtown Corridors Specific Plan that was adopted in 2015 and the City’s Bicycle, Pedestrian, and Safe Routes to Transit Plan that was also adopted in 2016. The project was reviewed by the City’s Bicycle and Pedestrian Advisory Committee (BPAC) twice, in October 2019 for the 35% conceptual design and in June 2021 for the 65% design. Extensive public outreach has been performed for the project throughout the design process. The project was presented to the Todos Santos Business Association (TSBA) twice, in April 2021 and February 2022. Multiple public meetings were held as well. The 35% conceptual design was presented to the public in August 2019 and the 65% design was presented to the public in May 2021. The City plans on presenting the project to TSBA one more time in early 2023 prior to start of construction.

Procurement Process
The project was advertised for construction bids as required by State law and City policy. The Engineer’s Estimate for the Total Bid is $3,527,480. Bids were opened on November 17, 2022. Five (5) bids were received in the amount ranging from $3,546,189.75 to $4,060,390.10. The basis of award for this project is the Total Bid. The lowest bid was received from Ghilotti Bros Inc. of San Rafael, CA (Ghilotti Bros). A summary of the three lowest bids is as follows:

BID

SCHEDULE
Engineer's
Estimate
Ghilotti Bros
Inc.

McGuire and
Hester
Interstate
Paving &
Grading
Base Bid $ 3,232,000 $3,143,189.75 $3,271,901.75 $3,316,891.80 Additive
Bid #1
$64,000 $125,000 $130,000 $156,000
Additive
Bid #2
$154,750 $178,000 $210,500 $219,000
Additive
Bid #3
$76,730 $100,000 $83,520 $79,000
Total Bid $3,527,480.00 $3,546,189.75 $3,695,921.75 $3,770,891.80 Ghilotti Bros was the low bidder and submitted a responsive and responsible bid.

Ghilotti Bros has an appropriate and valid contractor’s license and satisfactory work references.

Staff completed analysis of Ghilotti Bros bid, determining that this firm along with its subcontractors possess appropriate and valid licenses, and are not on any debarred lists. Ghilotti Bros is registered with the Department of Industrial Relations as required

City Council Agenda Report
Agenda Item No. 4.c
January 10, 2023
by SB 854. Should Council award this contract, the base bid and all additive bids will be constructed.

Financial Impact
The current total budget for this project is $4,929,000 comprised with various funding sources. However, there are several funding sources that were only allocated to design and cannot be used for construction. The total construction budget is $4,200,000 and is funded by $3,800,000 in Affordable Housing and Sustainable Communities Grant funds (Fund 402), and $400,000 in Measure V Lease Revenue Funds (Fund 407). There are sufficient funds to award the construction contract, 10% construction contingency, and staff oversight. There is a potential of requiring additional funding for construction management services but that will be determined at a later Council meeting for award of the construction management professional services agreement.

Environmental Determination
Pursuant to CEQA Guidelines Sections 15060 (c), 15061 (b)(3), 15273, 15378, and Public Resources Code Section 21065, award of this contract is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, as it will not result in a direct or reasonably foreseeable indirect physical change in the environment. In the alternative, award of this contract is exempt under CEQA Guidelines Sections 15301 – Existing Facilities, 15302 – Replacement and Reconstruction, and 15304 – Minor Alterations to Land, as it involves constructing curb ramps where there is existing sidewalk, striping, and minimal paving work. No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 applies. This determination reflects the City’s independent judgement and analysis. The Notice of Exemption will be filed with the County Clerk’s office following the Council award of the construction contract.

Public Contact
The City Council Agenda was posted.

Attachments

1. Location Map

2. Bid Summary

Attachment 1
Location Map
Downtown Corridors Bicycle and Pedestrian Improvements Project (Project 2424)

City of Concord
Bid Sheet
PROJECT #2424 Bid Opening:

Downtown Corridors Bicycle and Pedestrian
Improvements Project
Thursday,
November 17, 2022
2:30 pm
City Manager's Conference Room
Engineer’s Estimate: $3,300,000 To be awarded:

COMPANY TOTAL BID
Ghilotti Bros. Inc.
525 Jacoby Street
San Rafael, CA 94901
$3,546,189.75
McGuire and Hester
2810 Harbor Bay Parkway
Alameda, CA 94502
$3,693,707.75
$3,695,921.75
Interstate Grading & Paving, Inc.
128 South Maple Avenue,
South San Francisco, CA 94080-6302
$3,706,091.80
$3,770,891.80
Redgwick Construction Co.
21 Hegenberger Ct.

Oakland, CA 94621
$4,007,663.00
FBD Vanguard Construction, Inc.
550 Greenville Road
Livermore, CA 94550
$4,060,390.10
Contact: Tianjun Cao x3243
Attachment 2

From: Barone, Valerie <[email protected]> Sent: Tuesday, January 10, 2023 12:44 PM
To: Cao, Tianjun <[email protected]>; Enrile, Bernard <[email protected]>; Marstall, Kevin <[email protected]>; Thompson, Carlton <[email protected]>; Fockler, Joelle <[email protected]>; Ananthan, Stefanie <[email protected]> Subject: FW: Question about Item 4c: Consturction contract for the downtown corridors project This e-mail is being shared with all Councilmembers
Carlyn,
Staff erred in not including this information in the staff report. Yes, the contractor has agreed to be bound by the City’s Project Stabilization requirement for large construction projects.

This note will be placed into the public record by the Clerk’s office.

Valerie
Valerie Barone, City Manager (She/Her)
City of Concord | Website: www.cityofconcord.org
 (925) 671-3150 |  [email protected]
1950 Parkside Drive, MS/01, Concord, CA 94519
From: Obringer, Carlyn <[email protected]> Sent: Sunday, January 8, 2023 3:16 PM
To: Barone, Valerie <[email protected]>
Subject: Question about Item 4c
Hi Valerie,
I don't see any mention of the Project Stabilization Agreement for this project. Doesn't it apply? Has the proposed contractor agreed to abide by it?
Thank you,
Carlyn
Carlyn Obringer
Councilmember, District 2
City of Concord
Benched Correspondence
Agenda Item No. 4.c
January 10, 2023

Staff Report
Date: January 10, 2023
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kevin Marstall, PE, Director of Community Development Carlton Thompson, PE, City Engineer
Bernard Enrile, PE, CIP Manager
Prepared by: Tianjun Cao, PE, Associate Civil Engineer
[email protected]
(925) 671-3243
Subject: Considering adoption of a Resolution approving the request to Metropolitan Transportation Commission by the City of
Concord for an allocation of $240,000 of Transportation Development Act Article 3 Pedestrian and Bicycle Project Funding for Fiscal Year 2023-2024. This funding will support the Sun Terrace Elementary School Crossing Enhancements Project, located on Floyd Lane at Falcon Drive and Cardinal Drive.

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

Report in Brief
On November 4, 2022, Contra Costa County Public Works Department issued a call for projects to local agencies in the county for the FY 2023-2024 Transportation Development Act Article 3 (TDA) grant cycle. TDA funds are available for bicycle and pedestrian projects that eliminate or improve an identified problem area on routes that would otherwise provide relatively safe and direct bicycle or pedestrian travel use. Each agency in Contra Costa County may submit one project for consideration.

4.d

City Council Agenda Report
Agenda Item No. 4.d
January 10, 2023
At its meeting on December 14, 2022, the City’s Bicycle and Pedestrian Advisory Committee (BPAC) recommended submitting a TDA grant application in the amount of $240,000 to design and construct the Sun Terrace Elementary School Crossing Enhancements Project, located on Floyd Lane at Falcon Drive and Cardinal Drive.

Recommended Action
Adopt a Resolution approving the request to Metropolitan Transportation Commission by the City of Concord for an allocation of $240,000 of Transportation Development Act Article 3 Pedestrian and Bicycle Project Funding for Fiscal Year 2023-2024.

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

On November 4, 2022 a call for projects was issued by Contra Costa County Public Works Department to local agencies for the 2023/2024 Transportation Development Act Article 3 (TDA 3) cycle in advance of solicitation by MTC. MTC has not yet released the estimated allocation for Contra Costa County for the FY 2023-2024 grant cycle. Last year’s total allocation for Contra Costa County was approximately $1,400,000.

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

Analysis
The City of Concord Bicycle, Pedestrian & Safe Routes to Transit Plan (Plan), adopted by City Council on September 27, 2016, recommends crossing improvements in front of Sun Terrace Elementary School. Since the adoption of the Plan, the City installed Rapid Rectangular Flashing Beacons (RRFBs) in 2021 and this project would further enhance the safety at the two crossings. City Staff has reviewed the recommendations of the Plan and proposes to submit an application to design and construct the Sun Terrace Elementary School Crossing Enhancements Project.

Proposed improvements for the Sun Terrace Elementary School Crossing Enhancements Project will include installing bulb-outs on Floyd Lane at the intersections of Falcon Drive and Cardinal Drive, upgrading the curb ramps at both

City Council Agenda Report
Agenda Item No. 4.d
January 10, 2023
intersections to current standards, and installing new high-visibility crosswalks across Floyd Lane and the side streets. The proposed bulb-outs will shorten the crossing distances for users of the crossings.

On December 14, 2022 BPAC recommended in favor of submitting a TDA grant application for the amount of $240,000 to design and construct the Sun Terrace Elementary School Crossing Enhancements Project.

The total estimated project costs for design and construction is $300,000. The City’s application will be requesting $240,000 (80% of project costs) be funded by the TDA grant, and the remaining $60,000 (20% of project costs) provided as the City’s local match, with the funding source to be determined pending the result of the application.

Staff recommends that the City Council approve a submittal of a FY 2023-2024 TDA Article 3 grant application in the amount of $240,000 to design and construct the Sun Terrace Elementary School Crossing Enhancements Project. The City’s local match would be allocated at the time of accepting the grant, should the City be successful in this application.

Financial Impact
The project is dependent upon the receipt of grant funds. The TDA funds will cover $240,000, with the City matching 20% ($60,000) from local funds, for a total project budget of $300,000.

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

Public Contact
The City Council Agenda was posted.

City Council Agenda Report
Agenda Item No. 4.d
January 10, 2023
Attachments

1. Location Map

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

ATTACHMENT 1
Sun Terrace Elementary School Crossing Enhancements
Location Map

Res No. 23-XX 1

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Approving the Request to the
Metropolitan Transportation Commission by the City
of Concord for an Allocation of $240,000 of
Transportation Development Act Article 3 Pedestrian
and Bicycle Project Funding for Fiscal Year 2023-24
Resolution No. 23-XX
/
WHEREAS, Article 3 of the Transportation Development Act (TDA), Public Utilities Code (PUC) Section 99200 et seq., authorizes the submission of claims to a regional transportation planning agency for the funding of projects exclusively for the benefit and/or use of pedestrians and bicyclists; and
WHEREAS, the Metropolitan Transportation Commission (MTC), as the regional transportation planning agency for the San Francisco Bay Region, has adopted MTC Resolution No. 4108, entitled “Transportation Development Act, Article 3, Pedestrian and Bicycle Projects,” which delineates procedures and criteria for submission of requests for the allocation of “TDA Article 3” funding; and
WHEREAS, MTC Resolution No. 4108 requires that requests for the allocation of TDA Article 3 funding be submitted as part of a single, countywide coordinated claim from each county in the San Francisco Bay Area.

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

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

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

Res No. 23-XX 2
project is exempt from CEQA pursuant to Public Resources Code Section 21080.19 and CEQA Guidelines Section 15282(j) (Restriping of Streets), CEQA Guidelines Sections 15301 (Existing Facilities), 15302 (Replacement and Reconstruction), 15303 (New Construction or Conversion of Small Structures), and/or 15304 (Minor Alterations to Land) because, among other things, it involves minor alterations to existing streets, the creation of bicycle markings on existing rights-of-way, and construction and location of limited numbers of new small facilities or structures, all as further detailed in this staff report, the resolution, and attachments hereto. No unusual circumstances are present. This determination reflects the City’s independent judgment and analysis.

Section 2. The City of Concord hereby makes the findings set forth in Exhibit A.

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

Section 4. There is no pending or threatened litigation that might adversely affect the project described in Exhibit B to this resolution, or that might impair the ability of the City of Concord to carry out the project.

Section 5. The project has been reviewed by the Bicycle and Pedestrian Advisory Committee (BPAC) of City of Concord.

Section 6. The City of Concord attests to the accuracy of and approves the statements in Attachment A to this resolution.

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

Section 7. The City Council hereby authorizes the City Manager and/or her designee to negotiate and execute such other documents related to the request and/or acceptance of the TDA funds subject to City Attorney approval
Section 8. This resolution shall become effective immediately upon its passage and adoption. //
//

Res No. 23-XX 3
PASSED AND ADOPTED by the City Council of the City of Concord on January 10, 2023, by the following vote:

AYES: Councilmembers -
NOES: Councilmembers -
ABSTAIN: Councilmembers -
ABSENT: Councilmembers -
I HEREBY CERTIFY that the foregoing Resolution No. 23-XX was duly and regularly adopted at a regular meeting of the City Council of the City of Concord on January 10, 2023.

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

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

Resolution No. 23‐XX
Exhibit A
Re: Request to the Metropolitan Transportation Commission for the Allocation of Fiscal Year 2023‐2024 Transportation Development Act Article 3 Pedestrian/Bicycle Project Funding Findings

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

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

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

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

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

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

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

8. That the project(s) described in Attachment B which are bicycle projects have been included in a detailed bicycle circulation element included in an adopted general plan, or included in an adopted comprehensive bikeway plan (such as outlined in Section 2377 of the California Bikeways Act, Streets and Highways Code section 2370 et seq.) or responds to an immediate community need, such as a quick‐build project.

9. That any project described in Attachment B bicycle project meets the mandatory minimum safety design criteria published in the California Highway Design Manual or is in a National Association of City and Transportation Officials (NACTO) guidance or similar best practices document.

10. That the project(s) described in Attachment B will be completed in the allocated time (fiscal year of allocation plus two additional fiscal years).

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

Resolution No. 23‐XX
Exhibit B
TDA Article 3 Project Application Form

1. Agency City of Concord

2. Primary Contact Tianjun Cao, Associate Civil Engineer

3. Mailing Address 1950 Parkside Dr, MS/40, Concord, CA 94519

4. Email Address [email protected]   5. Phone Number 925‐671‐3243

6. Secondary Contact
(in the event
primary is not
available)
Bernard Enrile, Capital Improvement Program Manager

7. Mailing address (if
different)        N/A☐

8. Email Address [email protected]   9. Phone Number 925‐671‐3031

10. Send allocation
instructions to (if
different from
above):

11. Project Title Sun Terrace Elementary School Crossing Enhancements Project

12. Amount requested $300,000 13. Fiscal Year of
Claim
23/24

14. Description of Overall Project:

15. Project Scope Proposed for Funding: (Project level environmental, preliminary planning, and ROW are ineligible uses of TDA funds.)
The project proposes to construct crossing enhancements along Floyd Lane at Falcon Drive and Cardinal Drive in front of Sun Terrace Elementary School. Proposed improvements include bulb-outs at three of the four corners in each intersection, upgrading to ADA compliant curb ramps, adding high-visibility crosswalks along Falcon Drive and Cardinal Drive, and refreshing the high-visibility crosswalks on Floyd Lane. These improvements will complement the recently installed Rapid Rectangular Flashing Beacons (RRFBs), which will enhance the City of Concord’s Pedestrian, Bicycle, and Transit Master Plan recommendations of RRFBs at these two intersections.

PS&E and CON
Exhibit B to Attachment 2

16. Project Location: A map of the project location is attached or a link to a online map of the project location is provided below:

Project Relation to Regional Policies (for information only)

17. Is the project in an Equity Priority Community? Yes☐        No☒

18. Is this project in a Priority Development Area or a Transit‐Oriented Community? Yes☐        No☒

19. Project Budget and Schedule
Project Eligibility
A. Has the project been reviewed by the Bicycle and Pedestrian Advisory Committee? Yes☒   No☐ If “YES,” identify the date and provide a copy or link to the agenda. 12/14/2022 If "NO," provide an explanation).

B. Has the project been approved by the claimant's governing body? Yes☒   No☐ If "NO," provide expected date:__________________
C. Has this project previously received TDA Article 3 funding? Yes☐      No☒ (If "YES," provide an explanation on a separate page)
D. For "bikeways," does the project meet Caltrans minimum safety design criteria Yes☐ No☐ pursuant to Chapter 1000 of the California Highway Design Manual? N/A E. 1.  Is the project categorically exempt from CEQA, pursuant to CCR Section 15301(c),   Yes☒        No☐ Existing Facility?

2. If “NO” above, is the project is exempt from CEQA for another reason? Yes☐ No☐ Cite the basis for the exemption.  __________________________ N/A☐ If the project is not exempt, please check “NO,” and provide environmental documentation, as appropriate.

F. Estimated Completion Date of project (month and year): ____October 2024_____ G. Have provisions been made by the claimant to maintain the project or facility, or has   Yes☒        No☐ the claimant arranged for such maintenance by another agency?  (If an agency other than the Claimant is to maintain the facility, please identify below and provide the agreement.

H. Is a Complete Streets Checklist required for this project?   N/A Yes☐        No☒ If the amount requested is over $250,000 or if the total project phase or construction phase is over $250,000, a Complete Streets checklist is likely required.  Please attach the Complete Streets checklist or record of review, as applicable. More information and the form may be found here: https://mtc.ca.gov/planning/transportation/complete‐streets Project
Phase
TDA 3 Other Funds Total Cost Estimated Completion
(month/year)
Bike/Ped
Plan
ENV
PA&ED
PS&E $38,680 $9,670 $48,350 24-Jan
ROW
CON $201,320 $50,330 $251,650 24-Oct
Total Cost $240,000 $60,000 $300,000

Staff Report
Date: January 10, 2023
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kevin Marstall, PE, Director of Community Development Mindy Gentry, Planning Manager
Prepared by: Joan Ryan, Principal Planner
[email protected]
(925) 671-3370
Subject: Considering approval of an Amendment to a Professional Services Agreement with MIG, Inc. to address Senate Bill 9 for incorporation into the Objective Design Standards document, in an amount not to exceed $38,260, in a form approved by the City Attorney; and authorizing the City Manager to execute the agreement. (LEAP and REAP grant funds and General Fund) CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c)(2), 15061(b)(3), 15060(c)(3), and/or 15378.

Report in Brief
In response to the California legislature’s determination of the availability of housing being an issue of statewide importance, several state laws have been enacted with the intent to stimulate housing production by streamlining permit processes and limiting the ability of local jurisdictions to apply subjective design standards. For example, pursuant to Senate Bill 330, a jurisdiction must approve a housing development project that complies with objective design standards of the General Plan and zoning ordinance.

Due to these state-imposed limitations, in February 2022, the City of Concord (City) initiated the Objective Design Standards (ODS) project to develop codified objective development standards to ensure high quality design for the City’s housing projects, which was further supported by the City Council (Council) when it was identified as a Tier 1 goal in April 2022 at the Council’s goal setting workshop.

4.e

City Council Agenda Report
Agenda Item No. 4.e
January 10, 2023
In 2021, the City received $500,000 in state Local Early Action Planning (LEAP) grant funds, $95,000 of which was allocated to the ODS project and the City received $131,061 in Regional Early Action Planning (REAP) grant funding, $56,061 of which allocated toward the ODS project for a total of $151,061 for consultant and staff time for the preparation of the ODS document, Development Code Amendments, guidance documents, and public outreach materials.

The recommended $38,260 contract amendment (Attachment 1) is for MIG, Inc.(MIG) to prepare and incorporate an additional section pertaining to Senate Bill 9 (SB 9) into the ODS document and to cover an additional Design Review Board meeting to seek feedback, prior to preparation of the full ODS document for review and adoption by the City Council.

Recommended Action
Approve an Amendment to the Professional Services Agreement with MIG, Inc. to address Senate Bill 9 for incorporation into the Objective Design Standards document, in an amount not to exceed $38,260, in a form acceptable by the City Attorney; authorize the City Manager to execute the Agreement; and make the CEQA determinations as provided in this staff report.

Background
On June 2, 2020, the City Council (Council) approved Resolution No. 20-34 authorizing application for, and receipt of, local government planning support grant program funds through submittal of a Local Early Action Planning (LEAP) grant application package to the California Department of Housing and Community Development (HCD). In January 2021, the City of Concord (City) was awarded $500,000 in LEAP funding and on February 7, 2021, the LEAP Agreement was executed by both HCD and the City.

The purpose of the grant was to provide funding for projects that assist in the preparation and adoption of planning documents and process improvements that accelerate housing production and facilitate compliance to implement the sixth-cycle of the Regional Housing Needs Assessment (RHNA). The City indicated the LEAP funds would be put toward: a) preparation of the City’s Housing Element Update (HEU); b) preparation of Objective Design Standards; and c) development of Housing Acceleration Development Code Amendments (HADCA). The approved grant details indicated that $95,000 of the scope of the $500,000 LEAP grant would be allocated for the ODS project to better facilitate the review and expediting of housing projects to comply with state law.

In addition, the City received a Regional Early Action Planning (REAP) grant of $131,061 ($56,061 in non-competitive REAP funds and $75,000 in competitive funds), $56,061 of which would be allocated toward the ODS project.

City Council Agenda Report
Agenda Item No. 4.e
January 10, 2023
Due to the passage of recent legislation, such as Senate Bill (SB) 35, SB 330, and SB 9, the state has limited a local jurisdiction’s ability to apply subjective design standards, whereby the City can only rely on the application of objective design standards.1 The ODS project will provide the City with the opportunity to ensure high-quality design for its housing projects as well as provide certainty and clarity to applicants regarding the required design criteria for all proposed housing projects as well as reduce the timeline necessary for the review of housing projects. The ODS project will include creating new objective development standards applicable to the design of housing citywide through the consolidation of existing design requirements including those found currently within the City’s Design Guidelines, the Downtown Concord Specific Plan, and the Downtown Design Guidelines. The proposed approach toward preparation of the objective design standards will ensure that the City has a creative, economically feasible, and sustainable strategy to ensure high-quality design.

On December 14, 2021, Council approved a Professional Services Agreement with MIG, Inc. (MIG) in an amount not to exceed $138,211 for a one-year term, expiring January 3, 2023, for which the contract has since been extended until January 3, 2024.

Since the City is already in contract with MIG for $138,211 for the development of the objective design standards, this additional scope of work and budget is required to be reviewed and approved by the City Council.

Analysis
MIG has outlined a scope of work to coordinate and update the City’s ODS document with an additional section to respond specifically to SB 9 that includes coordination with the Design Review Board for that section. At the time City staff met with MIG staff to negotiate the original scope of work in November 2021, SB 9 was not yet in effect. Due to staff not having had an opportunity to review the new regulations and its implications, SB 9 was not incorporated into the scope of work; thus, the need for the contract amendment now.

Senate Bill 9
The California Housing Opportunity and More Efficiency (HOME) Act or SB 9 took effect January 1, 2022 and created a process for a homeowner to create a duplex or subdivide an existing lot through a ministerial (non-discretionary) process, based on a specific list of qualifications and allows no more than four units on a single family parcel, including ADU (Accessory Dwelling Units). SB 9 only allows the application of objective development and design standards; therefore, necessitating the creation of objective design standards to preserve Concord’s tradition of high quality development. The 1 SB 330 defines objective design standards as, “involving no personal or subjective judgement by a public official and being uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official.”

City Council Agenda Report
Agenda Item No. 4.e
January 10, 2023
amendment would prepare a section within the ODS document, specifically to respond to this legislation.

Timeline and Budget
The scope of work and anticipated schedule includes:
 Project Management and Coordination with on-going coordination calls and meetings (Jan.-July 2023).
 Assessment of Existing Adopted Design Guidance – including document review, site analysis and best practices, including current project review as examples, and examination of transitions of densities at property lines (Jan. 2023).  Preparation of section to respond to SB 9, single family lots (Jan. - Feb. 2023).  Meeting coordination with DRB in their review of the section (Feb. – Mar. 2023).  Updating of cross references to other relevant development code sections, as appropriate (Mar. – Apr. 2023).
 Development and preparation of Draft Objective Design Standards related to single family development (Mar. – Apr. 2023).
 Respond to any remaining comments and update documents accordingly for the public draft and companion document. (Apr. – Jun. 2023).  Development and Preparation of Final Objective Design Standards (Jun. - July 2023).

Total budget for additional scope: $38,260.

Procurement Process
On September 23, 2021, the City issued a Request for Proposals (RFP) for planning and design consultants to prepare the City’s Objective Design Standards. Proposals were due on October 21, 2021. The City received only one submittal, which was from MIG. Staff evaluated the proposal and the firm’s qualifications and determined them appropriate for the contract. On December 14, 2021, Council approved a Professional Services Agreement with MIG in an amount not to exceed $138,211 for a one-year term.

This additional work is considered a change order to the existing contract. Therefore, additional proposals were not required to build on the current effort underway to prepare the ODS document.

Financial Impact
The additional amended budget amount of $38,260 would be funded through a combination of LEAP and REAP ($12,849) grant funds and the General Fund ($25,411), through the Community Development Department’s budget.

City Council Agenda Report
Agenda Item No. 4.e
January 10, 2023
Environmental Determination
Pursuant to California Environmental Quality Act of 1970, Public Resources Code §21000, et seq., as amended and implementing State CEQA Guidelines, Title 14, Chapter 3 of the California Code of Regulations (collectively, “CEQA”), entering into an Amendment to a Professional Services Agreement with MIG 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), or 15378 because there is no potential that it will result in a direct or reasonably foreseeable indirect physical change in the environment.

Moreover, even if the recommended action did constitute a project under CEQA, it would fall within the “common sense exemption”, Section 15061(b)(3), where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment…” No unusual circumstances exist. Accordingly, no further environmental review is required. This determination reflects the City’s independent judgment and analysis.

Furthermore, individual projects occurring from the implementation of the Objective Design Standards will be evaluated for CEQA compliance on a case-by-case basis.

Public Contact
The City Council Agenda was posted.

Attachment

1. Amendment to Professional Services Agreement with MIG, Inc.

Exhibit A: Scope of Services
Exhibit B: Budget

1 AMENDMENT TO

MASTER AGREEMENT FOR PROFESSIONAL SERVICES
THIS AMENDMENT TO MASTER AGREEMENT (“Amendment”) is entered into on January 10, 2023 (“EFFECTIVE DATE”) by and between the CITY OF CONCORD, a municipal corporation (“CITY”) and MIG, Inc., 800 Hearst Avenue, Berkeley, California 94710 (“CONSULTANT”).

A. WHEREAS, the CITY and CONSULTANT entered into a Master Agreement dated December 14, 2021 referenced as the City’s document No. 5677 for certain services related to preparing the City’s Objective Design Standards (“Master Agreement”); and B. WHEREAS, the Master Agreement and this Amendment to Master Agreement are hereby collectively referred to herein as the “Agreement.” NOW, THEREFORE, in consideration of the mutual promises and conditions set forth herein, the parties mutually agree as follows:

Section 1. The term was extended by letter agreement, consistent with Section 1A, “Extension of Term” of the Master Agreement to January 3, 2024. As such, Section 1A of the original agreement, TERM, is amended to read as follows:

This Agreement shall commence on January 3, 2022 and expires on January 3, 2024.

Section 2. The scope of services is amended to include the services to address SB 9 legislative updates, described in Exhibit A, attached hereto, and incorporated by reference.

Section 3. The Amendment would increase the budget by $38,260 for a total not to exceed expenditure cap of $176,471, as described in Exhibit B, attached hereto, once Amendment is approved by City Council on January 10, 2023.

Section 4. Except as expressly amended herein all terms and conditions of the Master Agreement remain in full force and effect.
[Signatures follow on next page]
Attachment 1

IN WITNESS WHEREOF, the parties have executed this Amendment as of the Effective Date.

CONSULTANT
______________________ By: ______________________________ Dated Mukul Malhotra, Principal
MIG, Inc.

CITY OF CONCORD
______________________ By: _______________________________ Dated Valerie Barone
City Manager
APPROVED AS TO FORM: ATTEST:
___________________________ ____________________________________ City Attorney City Clerk

1 CONCORD OBJECTIVE DESIGN STANDARDS PROJECT
Scope – Add Service Request
December 13, 2022
Summary: A request to address additional State Legislation, specifically SB 9, adopted since the initial issuance in September 2021 of the City of Concord Request for Proposal (RFP) #2463 Objective Design Standards (ODS) for consultant services related to the creation of ODS.

TASK A: PROJECT MANAGEMENT AND COORDINATION
TASK A.2 On-going Meetings and Project Management – SF
MIG will provide additional bi-weekly coordination calls to support the discussion and advancement of singlefamily development subject to new State legislation that creates additional qualifying projects subject to ODS and a ministerial approval process.

Task A Deliverables - ADD:
» Meeting Summaries (Word/PDF)
» Facilitate additional calls with City staff for updates and ongoing coordination around single-family development subject to ODS
TASK B: ASSESSMENT OF EXISTING ADOPTED DESIGN GUIDANCE FOR DEVELOPMENT

PROJECTS
TASK B.4 Document Review - SF
MIG will review additional development standards applicable to single-family development within existing adopted City regulations and documents identified in the original scope.

TASK B.5 Review Existing Ordinance, Site Analysis, and Best Practices - SF We will review the existing ordinance and become familiar with locations where additional development standards applicable to single-family development apply. MIG will also identify best practices in relation to the existing ordinance and responses to conditions within the potential project locations.

TASK B.6 Current Project Review – SF
MIG will review any current applicants or project subject to SB 9. The review will be conducted to identify features that should be included in successful projects to codify them as standards for projects that are subject to ODS.

TASK B.7 Site Analysis - SF
In the areas with a potential for single family development, the MIG team will document key physical characteristics of the existing surrounding community and neighborhoods. The site analysis will serve as a visual inventory of the City to provide detailed information to develop appropriate City-specific ODS.

TASK B.8 Anticipate Taller, Denser Buildings - SF
The City is anticipating buildings that may be larger and taller that will not only contrast with existing neighborhoods in Concord (many of which are ranch style one-story homes), but also will be needed to accommodate housing needs allocations into the future.

Task 1.1 Deliverables - ADD:
» Additional presentation material integrated into presentations pertaining to single-family development, including document review, existing ordinance review, best practices, and current project review. (PPT/PDF) Exhibit A to Attachment 1

2 » Building typologies for existing neighborhoods (once-story ranch) compatible single-family buildings. (PPT/PDF) TASK C: DEVELOPER AND CITY OFFICIAL ENGAGEMENT

TASK C.2F PC Meeting – Project Update
The MIG Team will meet with the Planning Commission to provide a project update. The update will review new State housing legislation and guidance on ODS development, description of the Design Review Board (DRB) outreach to date, and next steps in the process.

TASK C.2G DRB Meeting - Single Family
The MIG Team will meet with the DRB to specifically discuss new state legislation focused on housing creation and its relevance for single-family development.

Task C Deliverables - ADD:
» PC update presentation (PPT/PDF)
» Additional presentation material focused on single-family development for use with DRB Committee for feedback. (PPT/PDF)

TASK D: DEVELOPMENT AND PREPARATION OF DRAFT OBJECTIVE DESIGN

STANDARDS

TASK D.2B Administrative Draft - SF
MIG will prepare a segment related to single-family development of the administrative draft ODS and design standards document (an illustrated code) based on feedback received from staff and the DRB.

TASK D.3B Public Review Draft – SF
MIG will revise an additional segment related to single-family development of the administrative draft of the illustrated code and prepare a public draft.

Task D Deliverables - ADD:
» Additional Administrative Draft materials related to single-family development (Word/PDF) » Additional Public Draft materials related to single-family development (PDF)

TASK E: PREPARATION OF FINAL OBJECTIVE DESIGN STANDARDS

TASK E.1B Final Objective Design Standards – SF
MIG will revise additional material related to single-family development within the Public Review Draft to develop a final ODS for adoption.

TASK E.2C PC or CC Meeting - SF
MIG will attend up to one additional meeting assisting with the formal presentations of the ODS to the Planning Commission or City Council for adoption, including material related to single-family development.

Task E Deliverable - ADD:
» Additional presentation materials related to single-family development for a meeting helping with approval of the ODS. (PPT/PDF)
» Additional Final ODS materials related to single family development (PDF)

City of Concord I #2463 Objective Design Standards
Hrs@ $250 Hrs@ $225 Hrs@ $170 Hrs@ $195 Hrs@ $115 Hrs@ $120 Total Hrs Fee Task A: Project Management and Coordination
A.1 Ongoing PM and Coordination 4 $ 1,000 - $ - 46 $ 7,820 - $ - - $ - 8 $ 960 58 $ 9,780 $ 9,780 A.2 On-going Meetings and Project Management - SF 2 $ 500 - $ - 16 $ 2,720 - $ - - $ - 2 $ 240 20 $ 3,460 $ 3,460 20 $ 3,460 Subtotal 6 $ 1,500 - $ - 62 $ 10,540 - $ - - $ - 10 $ 1,200 78 $ 13,240 $ 13,240 Task B: Assessment of Existing Adopted Design Guidance for Development Projects B.1 Hold KO Meeting with City Staff* 2 $ 500 - $ - 4 $ 680 - $ - - $ - - $ - 6 $ 1,180 $ 1,180 B.2 Review and Assess Relevant Documents 8 $ 2,000 - $ - 20 $ 3,400 16 $ 3,120 16 $ 1,840 - $ - 60 $ 10,360 $ 10,360 B.3 Coordinate with HADCA - $ - - $ - 16 $ 2,720 - $ - - $ - - $ - 16 $ 2,720 $ 2,720 B.4 Document Review - SF 2 $ 500 - $ - 6 $ 1,020 - $ - 8 $ 920 - $ - 16 $ 2,440 $ 2,440 16 $ 2,440 B.5 Review Existing Ordinance, Site Analysis and Best Practices - SF 2 $ 500 - $ - 8 $ 1,360 - $ - 22 $ 2,530 - $ - 32 $ 4,390 $ 4,390 32 $ 4,390 B.6 Current Project Review - SF 3 $ 750 - $ - 8 $ 1,360 - $ - 14 $ 1,610 - $ - 25 $ 3,720 $ 3,720 25 $ 3,720 B.7 Site Analysis - SF 2 $ 500 - $ - 6 $ 1,020 - $ - 6 $ 690 - $ - 14 $ 2,210 $ 2,210 14 $ 2,210 B.8 Anticipate Taller, Denser Buildings - SF 1 $ 250 - $ - 1 $ 170 - $ - 4 $ 460 - $ - 6 $ 880 $ 880 6 $ 880 Subtotal 20 $ 5,000 - $ - 69 $ 11,730 16 $ 3,120 70 $ 8,050 - $ - 175 $ 27,900 $ 27,900 Task C: Developer and City Official Engagement
C.1 Develop Strategy for Engagement 4 $ 1,000 - $ - 16 $ 2,720 8 $ 1,560 - $ - - $ - 28 $ 5,280 $ 5,280 C.2A Developer/Applicant Workshop #1* 2 $ 500 - $ - 4 $ 680 2 $ 390 4 $ 460 2 $ 240 14 $ 2,270 $ 2,270 C.2B Joint PC/DRB & HED Committee Meeting* 2 $ 500 - $ - 4 $ 680 2 $ 390 4 $ 460 2 $ 240 14 $ 2,270 $ 2,270 C.2C Joint PC/DRB Workshop* 2 $ 500 - $ - 4 $ 680 2 $ 390 4 $ 460 2 $ 240 14 $ 2,270 $ 2,270 C.2D DRB Meetings (Contingency) - Downtown/Neighborhood 2 $ 500 - $ - 5 $ 850 - $ - 14 $ 1,610 - $ - 21 $ 2,960 $ 2,960 C2.E DRB Meetings (Contingency) - Corridors/Special Case 2 $ 500 - $ - 5 $ 850 - $ - 14 $ 1,610 - $ - 21 $ 2,960 $ 2,960 C.2F PC Meeting - Project Update 2 $ 500 - $ - 4 $ 680 - $ - 10 $ 1,150 - $ - 16 $ 2,330 $ 2,330 16 $ 2,330 C.2G DRB Meeting - Single Family 2 $ 500 - $ - 4 $ 680 - $ - 14 $ 1,610 - $ - 20 $ 2,790 $ 2,790 20 $ 2,790 Subtotal 18 $ 4,500 - $ - 46 $ 7,820 14 $ 2,730 64 $ 7,360 6 $ 720 148 $ 23,130 $ 23,130 Task D: Development and Preparation of Draft Objective Design Standards D.1 Develop Draft Outline for ODS & DDSD 16 $ 4,000 8 $ 1,800 16 $ 2,720 4 $ 780 2 $ 230 - $ - 46 $ 9,530 $ 9,530 D.2 Prepare Admin Draft of ODS & DDSD 16 $ 4,000 8 $ 1,800 60 $ 10,200 4 $ 780 100 $ 11,500 - $ - 188 $ 28,280 $ 28,280 D.3 Prepare Public Draft of ODS & DDSD 8 $ 2,000 8 $ 1,800 40 $ 6,800 4 $ 780 80 $ 9,200 - $ - 140 $ 20,580 $ 20,580 D.4A Joint PC/DRB Meeting* 2 $ 500 - $ - 4 $ 680 2 $ 390 4 $ 460 2 $ 240 14 $ 2,270 $ 2,270 D.4B Council HED Committee Meeting* 2 $ 500 - $ - 4 $ 680 2 $ 390 4 $ 460 2 $ 240 14 $ 2,270 $ 2,270 D.2B Administrative Draft - SF 2 $ 500 - $ - 16 $ 2,720 - $ - 36 $ 4,140 - $ - 54 $ 7,360 $ 7,360 54 $ 7,360 D.3B Public Review Draft - SF 2 $ 500 - $ - 16 $ 2,720 - $ - 24 $ 2,760 - $ - 42 $ 5,980 $ 5,980 42 $ 5,980 Subtotal 48 $ 12,000 24 $ 5,400 156 $ 26,520 16 $ 3,120 250 $ 28,750 4 $ 480 498 $ 76,270 $ 76,270 Task E: Preparation of Final Objective Design Standards E.1 Prepare Final ODS and DSD Documents 8 $ 2,000 - $ - 20 $ 3,400 - $ - 40 $ 4,600 - $ - 68 $ 10,000 $ 10,000 E.2A PC/DRB Meeting* 2 $ 500 - $ - 4 $ 680 - $ - - $ - - $ - 6 $ 1,180 $ 1,180 E.2B CC Meeting #1* 2 $ 500 - $ - 4 $ 680 - $ - - $ - - $ - 6 $ 1,180 $ 1,180 E.3 Issue Full Final ODS & DSD Document 2 $ 500 - $ - 4 $ 680 - $ - 8 $ 920 - $ - 14 $ 2,100 $ 2,100 E.1B Final Objective Design Standards - SF 2 $ 500 - $ - 6 $ 1,020 - $ - - $ - - $ - 8 $ 1,520 $ 1,520 8 $ 1,520 E.2C PC or CC Meeting - SF 2 $ 500 - $ - 4 $ 680 - $ - - $ - - $ - 6 $ 1,180 $ 1,180 6 $ 1,180 Subtotal 18 $ 4,500 - $ - 42 $ 7,140 - $ - 48 $ 5,520 - $ - 108 $ 17,160 $ 17,160 Task F: Implementation of Objective Design Standards
F.1A Web Applicant-ready Documents 2 $ 500 - $ - 2 $ 340 - $ - 8 $ 920 - $ - 12 $ 1,760 $ 1,760 F.2A City Planning Staff Training Workshop #1* 4 $ 1,000 - $ - 6 $ 1,020 - $ - 8 $ 920 - $ - 18 $ 2,940 $ 2,940 Subtotal 6 $ 1,500 - $ - 8 $ 1,360 - $ - 16 $ 1,840 - $ - 30 $ 4,700 $ 4,700 116 $29,000 24 $5,400 383 $65,110 46 $8,970 448 $51,520 20 $2,400 1037 $ 162,400 $ 162,400 259 $ 38,260 Direct costs (milage, printing, phone) $ 1,671
Contingency @ 5% per the base project (per original budget $5,991 - applied to DRB meetings) TOTAL PROJECT COSTS $ 164,071
Optional Tasks
C Developer and City Official Engagement^
C.2D Community Open House* (Line item to be used for CC Study Session) $2,400 C.2E Developer/Applicant Workshop #2* $2,400
E Preparation of Final Objective Design Standards
E.2C Hold City Council 1 on 1 meetingsⴕ $1,100
E.2D Present to CC Meeting #2* $1,300
F Implementation of Objective Design Standards
F.1B Links to Specific Code Sections $2,000
F.2B City Planning Staff Training Workshop: #2* $3,200
* Note meetings planned/budgeted for virtual and additional budget for In-person meetings covered by contingency ^ Repeatable Task C: Developer and City Official Engagement rate for $2,400 for additional meetings (out of contingency) ⴕ likely to need 1 on 1 conversations with City Council to ensure Planning Commission/Design Review Board alignment NOT TO EXCEED $ 176,471

ADD SERVICE EST
MIG Labor
Totals
e s t i m a t e d p r o j e c t c o s t
Mukul Malhotra Laura Stetson
Christine
Thomson Dan Amsden Phoenix Alfaro Lori Maness
Principal-in-Charge Consulting Principal Project Manager Subtotal Professional Time and Costs
Professional
Fees
Totals
MIG Labor
Lead Planner Project Associate Project Assistant Totals MIG, Inc. City of Concord - Objective Design Standards | Fee Proposal Exhibit B to Attachment 1

Staff Report
Date: January 10, 2023
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kevin Marstall, PE, Director of Community Development Carlton Thompson, PE, City Engineer
Bernard Enrile, PE, CIP Manager
Prepared by: Justin Bosch, PE, Associate Civil Engineer [email protected]
(925) 671-5008
Subject: Considering approval of the following for Residential Pavement Maintenance, Phase D (including authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney):

Agreement for Professional Services with R.E.Y. Engineers, Inc. in the not-to-exceed amount of $874,495.60 (base
agreement of $794,996 plus staff authority to spend up to a 10% contingency of $79,499.60) to provide design engineering and related services for Pavement Maintenance - Zone 3I (Project No. 2612) located between David Avenue and
Monument Boulevard and between Walnut Creek and Dias
Drive; Pavement Maintenance - Zone 1M (Project No. 2614) located between Mount Diablo Creek and Clayton Road and between Ayers Road and Kirker Pass Road; Pavement
Maintenance - Zone 4C (Project No. 2622) located between Cowell Road and the City of Walnut Creek border and between Rose Lane and Ygnacio Valley Road; and Pavement
Maintenance - Zone 1I (Project No. 2625) located between Clayton Road and Galindo Creek and between Bailey Road and Willcrest Drive
CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(3), 15378, 15262, and/or Public Resources Code Section 21065.

4.f

City Council Agenda Report
Agenda Item No. 4.f
January 10, 2023
Report in Brief
Residential Pavement Maintenance, Phase D consists of Pavement Maintenance - Zone 3I (Project No. 2612), Pavement Maintenance - Zone 1M (Project No. 2614), Pavement Maintenance - Zone 4C (Project No. 2622), and Pavement Maintenance - Zone 1I (Project No. 2625). The projects will rehabilitate pavement in four residential neighborhoods, for which the general locations for each zone are as follows (see Attachment 1 for a detailed map):

Zone 3I: Located in southwesterly Concord, bounded by Walnut Creek to the west and Dias Drive to the east and between David Avenue to the south and Monument Boulevard to the north, including Mohr Lane and surrounding streets.

Zone 1M: Located in easterly Concord, bounded by Ayers Road to the west and Kirker Pass Road to the east and between Clayton Road to the south and Mount Diablo Creek to the north, including Talisman Way and surrounding streets.

Zone 4C: Located in southerly Concord, bounded by Rose Lane to the west and Ygnacio Valley Road to the east and between the City of Walnut Creek border to the south and Cowell Road to the north, including Limeridge Drive and surrounding streets.

Zone 1I: Located in easterly Concord, bounded by Bailey Road to the west and Willcrest Drive to the east and between Clayton Road to the north and Galindo Creek to the south, including Boxer Boulevard and surrounding streets.

Engineering design services are needed to initiate project design and to develop plans, specifications, and construction cost estimates. After a competitive process, staff recommends R.E.Y. Engineers, Inc. (R.E.Y.) to provide design engineering services for Project Nos. 2612, 2614, 2622, & 2625. R.E.Y. has extensive experience in the design of pavement improvement projects.

Recommended Action
Approve an Agreement for Professional Services with R.E.Y. Engineers, Inc. in the not-to-exceed amount of $874,495.60 (base agreement of $794,996 plus staff authority to spend up to a 10% contingency of $79,499.60) to provide design engineering and related services for Pavement Maintenance - Zone 3I (Project No. 2612) located between David Avenue and Monument Boulevard and between Walnut Creek and Dias Drive; Pavement Maintenance - Zone 1M (Project No. 2614) located between Mount Diablo Creek and Clayton Road and between Ayers Road and Kirker Pass Road; Pavement Maintenance - Zone 4C (Project No. 2622) located between Cowell Road and the City of Walnut Creek border and between Rose Lane and Ygnacio Valley Road; and Pavement Maintenance - Zone 1I (Project No. 2625) located between Clayton Road and Galindo Creek and between Bailey Road and Willcrest Drive; authorize the City Manager to execute the agreement in a form acceptable to the City Attorney; and make the CEQA determinations as provided in this staff report.

City Council Agenda Report
Agenda Item No. 4.f
January 10, 2023
Background
On June 1, 2021, the City Council approved an updated Five-Year Pavement Expenditure plan (5-Year Plan). Collectively these projects are grouped administratively under Residential Pavement Maintenance, Phase D.

The projects will rehabilitate pavement in four residential neighborhoods and will begin construction in March 2024. Work will also include concrete curb ramps, monument preservation, adjustment of utilities, signage, and pavement striping restoration.

On June 2, 2020, City Council adopted the Capital Improvement Program (CIP) Budget for Fiscal Years 2020-21 and 2021-22 that was updated on June 6, 2021, with a midcycle update, which included funding the design of the following four projects under Residential Pavement Design, Phase D:
 Pavement Maintenance – Zone 3I (Project No. 2612) will focus on pavement treatments in a residential area in Pavement Maintenance Zone 3I. Treatments such as cape seals, slurry seals, Thin Maintenance Overlay (TMO), mill and paves, and related treatments are to be considered, as well as curb ramp improvements. The project design is funded for Fiscal Year 2022-23 with $400,000 of Measure V Projects (Fund 490) funds and funded for construction in Fiscal Year 2023-24 with $3,719,000 of Measure V Projects (Fund 490) funds.  Pavement Maintenance – Zone 1M (Project No. 2614) will focus on pavement treatments in a residential area in Pavement Maintenance Zone 1M. Treatments such as cape seals, slurry seals, Thin Maintenance Overlay (TMO), mill and paves, and related treatments are to be considered, as well as curb ramp improvements. The project design is funded for Fiscal Year 2022-23 with $300,000 of 2021 Debt Issuance Measure V (Fund 407) funds and funded for construction in Fiscal Year 2023-24 with $1,046,000 of Measure J Local (Fund 475) funds.
 Pavement Maintenance – Zone 4C (Project No. 2622) will focus on pavement treatments in a residential area in Pavement Maintenance Zone 4C. Treatments such as cape seals, slurry seals, Thin Maintenance Overlay (TMO), mill and paves, and related treatments are to be considered, as well as curb ramp improvements. The project design is funded for Fiscal Year 2022-23 with $549,000 of Measure V Projects (Fund 490) funds and funded for construction in Fiscal Year 2023-24 with $1,970,000 of Measure V Projects (Fund 490) funds.  Pavement Maintenance – Zone 1I (Project No. 2625) will focus on pavement treatments in a residential area in Pavement Maintenance Zone 4C. Treatments such as cape seals, slurry seals, Thin Maintenance Overlay (TMO), mill and paves, and related treatments are to be considered, as well as curb ramp improvements. The project design and construction is funded for Fiscal Year 2022-23 with $977,674 of 2021 Debt Issuance Measure V (Fund 407) funds.

Construction costs for this zone are estimated at $677,674.

City Council Agenda Report
Agenda Item No. 4.f
January 10, 2023
Analysis
Recognizing the unique funding opportunity provided by the Measure V Investment Plan, staff recommended prioritizing the design of residential pavement maintenance projects in all paving zones to facilitate construction ahead of the scheduled years as identified in the Five-Year Pavement Expenditure Plan (5-Year Plan). According to the 5-Year Plan, none of these neighborhood zones were programmed for funding in Year 3, or Fiscal Year (FY) 2023-2024. However, to accelerate the investment of Measure V into pavement rehabilitation and begin construction one to two years earlier, the neighborhoods 1M and 3I were advanced from Year 4 (FY 2024-2025) and neighborhoods 1I and 4C were advanced from Year 5 (FY 2025-2026) to be immediately funded for design.

This advanced funding strategy by staff will continue to be recommended through the next Two-Year Capital Improvement Program (CIP) Budget, providing fully designed and shovel-ready residential paving projects, that allows adjustment of construction timing to coordinate with utility main replacements, maximizes opportunities to receive competitive bid pricing, and accelerates completion of pavement repair citywide.

Engineering design services are needed to initiate the design of each project, select the appropriate pavement treatment, and to develop project plans, specifications, and final construction cost estimates. Limits of pavement work may be adjusted in order to construct improvements within budget, based on final cost estimates and field review during design.

The preliminary schedule calls for design to begin in January 2023 and to be completed in November 2023. Following design, staff will advertise for construction bids.

Construction is anticipated for March 2024.

Procurement Process
Staff issued a Request for Proposal (RFP) for design engineering and related services on September 23, 2022, for Residential Pavement Maintenance, Phase D (Project Nos. 2612, 2614, 2622, & 2625). The RFP was advertised in the local newspaper and the City’s Procurement Website. Three proposals were received, which were reviewed and ranked by the selection committee comprised of City staff from Engineering Services.

Based on the analysis of the proposals, interviews, and references, R.E.Y. Engineers, Inc. (R.E.Y.) was selected as the most qualified firm to provide design engineering and related services for Residential Pavement Maintenance, Phase D (Project Nos. 2612, 2614, 2622, & 2625). City staff and R.E.Y. negotiated the scope of work, and cost for the services, and agreed upon a combined $794,996 as fair and reasonable compensation for the services needed to complete the design phase of the various projects.

City Council Agenda Report
Agenda Item No. 4.f
January 10, 2023
The projects are combined in a single construction contract in order to benefit from economies of scale.

Financial Impact
There are enough funds in the budget for the design phase of Residential Pavement Maintenance, Phase D (Project Nos. 2612, 2614, 2622, & 2625). The projects will consist of the following funds during the design phase:
 Pavement Maintenance – Zone 3I (Project No. 2612)
o Measure V Projects (Fund 490)
 Pavement Maintenance – Zone 1M (Project No. 2614)
o 2021 Debt Issuance Measure V (Fund 407)
o Measure J Local (Fund 475)
 Pavement Maintenance – Zone 4C (Project No. 2622)
o Measure V Projects (Fund 490)
 Pavement Maintenance – Zone 1I (Project No. 2625)
o 2021 Debt Issuance Measure V (Fund 407)
For Project Nos. 2612, 2614, & 2622, funds for design and partially construction are currently available with remaining construction funds available in Fiscal Year 2023-24.

For Project No. 2625, all funds for design and construction are currently available.

Environmental Determination
Pursuant to CEQA Guidelines Sections 15060(c), 15061(b)(3), 15262 (Feasibility and Planning Studies),15378, and/or Public Resources Code Section 21065, the City Council action of awarding of the above-referenced Professional Services Agreements is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, as it does not constitute a “project,” does not commit the City to a definite course of action, does not constitute discretionary approval of a specific project, and will not result in a direct or reasonably foreseeable indirect physical change in the environment, and in the alternative is exempt from CEQA. No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. This determination reflects the City’s independent judgment and analysis. Individual projects will undergo CEQA analysis as necessary.

Public Contact
The City Council Agenda was posted.

Attachments

1. Project Location Maps

City Council Agenda Report
Agenda Item No. 4.f
January 10, 2023

2. Professional Services Agreement with R.E.Y. Engineers, Inc, with Exhibit A, Fee Estimate

ATTACHMENT 1
Project Location Map
Residential Pavement Design – Phase D
City Project Nos. 2612, 2614, 2622, & 2625
PJ 2625
PJ 2614
PJ 2612 PJ 2622

Project Location Map
Pavement Maintenance - Zone 3I - Project No. 2612

Project Location Map
Pavement Maintenance - Zones 1M - Project No. 2614

Project Location Map
Pavement Maintenance - Zones 4C - Project No. 2622

Project Location Map
Pavement Maintenance - Zones 1I - Project No. 2625

AGREEMENT FOR PROFESSIONAL SERVICES
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THIS AGREEMENT (“Agreement”) is entered into on January 10, 2023, between the City of Concord (“CITY”) and R.E.Y. Engineers, Inc, 900 Sutter St, Suite 200, Folsom, CA 95630 (“CONSULTANT”).

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

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

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

1. TERM. This Agreement shall commence on January 10, 2023, and expire on June 30, 2023.

2. SCOPE OF SERVICES. Subject to such policy direction and approvals provided by the CITY's Authorized Representative, CONSULTANT shall provide civil design services for Residential Pavement Maintenance – Phase D, Project Nos. 2612, 2614, 2622, and 2625 described in detail in Exhibit A, a proposal from R.E.Y. Engineers Inc dated October 24, 2022, attached hereto and made a part hereof. CITY retains all rights of approval and discretion with respect to the projects and undertakings contemplated by this Agreement.

3. PAYMENT. The compensation to be paid to CONSULTANT including payment for professional services and reimbursable expenses, shall be at the rate and schedules in detail in Exhibit A. However, in no event shall the amount CITY pays CONSULTANT exceed eight hundred seventyfour thousand four hundred ninety-five dollars and sixty cents ($874,495.60) for the term of this Agreement. The total includes the sum of the base contract of seven hundred ninety-four thousand nine hundred ninety-six dollars ($794,996.00) and a 10% contingency of seventy-nine thousand fourhundred ninety-nine dollars and sixty cents ($79,499.60). Any Amendment to this Agreement that includes an increase to this compensation amount shall be made in accordance with Section 5 below.

CONSULTANT may submit monthly statements for services rendered; all statements shall include adequate documentation demonstrating work performed during the billing period. It is intended that CITY review such statement and pay CONSULTANT for services rendered within 30 days of Attachment 2

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receipt of a statement that meets all requirements of this Agreement. Payment by CITY shall not be deemed a waiver of unsatisfactory work, even if such defects were known to the CITY at the time of payment.

4. AUTHORIZED REPRESENTATIVES. Authorized representatives shall represent CITY and CONSULTANT in all matters pertaining to the services to be ordered by CITY or rendered by CONSULTANT under this Agreement except where approval for the CITY is specifically required by the City Council. The CITY’s authorized representative is Carlton Thompson, City Engineer of the Community Development Department. The CONSULTANT’s authorized representative is Garrett Low, Associate Vice President.

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

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

3.10.040(a). The Minimum Threshold for Fiscal Year 2021-22 is $75,000 and increases by $5,000 each subsequent fiscal year such that by Fiscal Year 2026-27 the Minimum Threshold is $100,000. Any additional compensation to CONSULTANT that is greater than the Minimum Threshold, including the base contract amount, must be approved by City Council. CONSULTANT’s failure to secure CITY’s written authorization for additional compensation or changes to the Scope of Work shall constitute a waiver of any and all right to adjustment in the price or time due, whether by way of compensation,

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restitution, quantum merit, or similar relief.

6. INDEPENDENT CONTRACTOR. Both parties understand and acknowledge that CONSULTANT, its agents, employers and subcontractors are and shall at all times remain as to the CITY wholly independent contractors. Neither the CITY nor any of its officers or employees shall have any control over the manner by which the CONSULTANT performs this Agreement and shall only dictate the results of the performance. CONSULTANT shall not represent that CONSULTANT or its agents, employees or subcontractors are agents or employees of the CITY, and CONSULTANT shall have no authority, express or implied, to act on behalf of the CITY in any capacity whatsoever as an agent, and shall have no authority, express or implied, to bind the CITY to any obligation whatsoever, unless otherwise provided in this Agreement.

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

7. STANDARD OF PERFORMANCE. CONSULTANT represents and warrants to CITY that CONSULTANT is skilled and able to provide such services described in the Scope of Work and that such services shall be performed in an expeditious manner, and with the degree of skill and care that is required by current, good, and sound procedures and practices. CONSULTANT further

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agrees that the services shall be in conformance with generally accepted professional standards prevailing at the time work is performed.

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

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

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

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

Title to all plans, specifications, maps, estimates, reports, manuscripts, drawings, descriptions and other final work products compiled by the CONSULTANT under the Agreement shall be vested in the CITY, none of which shall be used in any manner whatsoever, by any person, firm, corporation, or agency without the expressed written consent of the CITY. Basic survey notes and sketches, charts, computations, and other data prepared or obtained under the Agreement shall be made available, upon request, to the CITY without restriction or limitations on their use. CONSULTANT may retain copies

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of the above-described information but agrees not to disclose or discuss any information gathered, discussed or generated in any way through this Agreement without the written permission of CITY during the term of this Agreement, unless required by law.

10. INDEMNIFICATION.

A. For Design Professional Services Only. Pursuant to California Civil Code Section 2782.8, CONSULTANT agrees to indemnify the CITY (including its officers, agents, employees and volunteers) against liability for claims against the CITY that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT in the performance of this Agreement. The CONSULTANT will reimburse the CITY for any expenditures, including reasonable attorney fees, incurred by the CITY in defending against claims ultimately determined to arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT.

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

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

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

B. Automobile Liability Coverage. CONSULTANT shall maintain automobile liability insurance covering all vehicles used in the performance of this Agreement providing a one

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million dollar ($1,000,000) combined single limit per occurrence for bodily injury, personal injury, and property damage.

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

D. Compliance with State Workers' Compensation Requirements.

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

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

Except for worker's compensation and professional liability insurance, the policies mentioned in this subsection shall name CITY as an additional insured and provide for notice of cancellation to CITY. CONSULTANT shall also provide timely and prompt notice to CITY if CONSULTANT receives any notice of cancellation or nonrenewal from its insurer. (2) Primary Coverage. CONSULTANT'S insurance coverage shall be

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primary insurance with respect to CITY, its officers, officials, employees, and volunteers. Any insurance, risk pooling arrangement, or self-insurance maintained by CITY, its officers, officials, employees, or volunteers shall be in excess of CONSULTANT'S insurance and shall not contribute with it.
(3) Reporting Provisions. Any failure to comply with the reporting provisions of the policy shall not affect the coverage provided to the CITY, its officers, officials, employees, or volunteers.
(4) Verification of Coverage. CONSULTANT shall furnish CITY with certificates of insurance and the original endorsements effecting coverage required by this Agreement.

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

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

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

14. TERMINATION. CITY may terminate this Agreement for any reason upon ten (10) days written notice to the other party. CITY may terminate the Agreement upon five (5) days written notice if CONSULTANT breaches this Agreement. In the event of any termination, CONSULTANT

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shall promptly deliver to the CITY any and all finished and unfinished reports or other written, recorded, photographic, or visual materials, documents, data, and other deliverables (“Work Materials”) prepared for the CITY prior to the effective date of such termination, all of which shall become CITY’s sole property. After receipt of the Work Materials, CITY will pay CONSULTANT for the services performed as of the effective date of the termination.

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

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

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

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

16. CONFLICT OF INTEREST.

A. CONSULTANT covenants and represents that neither it, nor any officer or principal of its firm, has, or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of CITY or which would in any way hinder CONSULTANT’s performance of services under this Agreement. CONSULTANT further covenants that in the performance of the Agreement, no person having any such interest shall be employed by it as an officer, employee, agent

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or subcontractor without the express written consent of the CITY. CONSULTANT agrees to at all times avoid conflicts of interest, or the appearance of any conflicts of interest, with the interests of the CITY in the performance of this Agreement.

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

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

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

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

20. ENFORCEABILITY; INTERPRETATION. In the event that any of the provisions or portions of application of any of the provisions of the Agreement are held to be illegal or invalid by a court of competent jurisdiction, CITY and CONSULTANT shall negotiate an equitable adjustment in the provisions of the Agreement with a view toward affecting the purpose of the Agreement. The illegality or invalidity of any of the provisions or portions of application of any of the provisions of the Agreement shall not affect the legality or enforceability of the remaining provisions or portions of application of any of the provisions of the Agreement. This Agreement shall be interpreted as though it was a product of a joint drafting effort and no provisions shall be interpreted against a party on the ground that said party was solely or primarily responsible for drafting the language to be interpreted.

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

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

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power to bind or commit the CITY to any decision.

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

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

To CITY: Carlton Thompson, City Engineer
Community Development Department
City of Concord
1950 Parkside Drive
Concord, CA 94519-2578
Phone: (925) 671-3182
Fax: (925) 798-8692
To CONSULTANT: Jim Fisher, Principal in Charge
R.E.Y. Engineers, Inc.
906 Sutter Street, Suite 200
Folsom, CA 95630
Phone: (916) 366-3040
Fax: (916) 366-3303

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

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

This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have

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been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.

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

CONSULTANT CITY OF CONCORD, a Municipal
Corporation
By:_________________________________ By:______________________________ Name: Jim Fisher Name: Valerie Barone
Title: Principal in Charge Title City Manager
Address: 906 Sutter Street, Suite 200 Address: 1950 Parkside Drive Folsom, CA 95630 Concord, CA 94519
Telephone: (916) 366-3040 Telephone: (925)671-3150
Email: [email protected]
APPROVED AS TO FORM: ATTEST:

City Attorney City Clerk
Date: _____________________________, 2023
FINANCE DIRECTOR'S CERTIFICATION:

Concord, California
Date: _____________________________, 2023

I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEAR 22/23 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.

THE SUM OF $874,495.60
Account Codes: 4079500C999-74500 / 4072625113-74500
4909500C999-74500 / 4902622113-74500
4079500C999-74500 / 4072614113-74500
4909500C999-74500 / 4902612113-74500

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Finance Director's Signature

Exhibit A to Attachment 2

TASK DESCRIPTION
Assistant Engineer -
III
Associate Engineer -
III
Senior Engineer - II
Senior Engineer - IV
Principal Engineer - II
2-Man Crew
Senior Technician - II
LiDAR Technician - II
Senior Surveyor - V
Principal Manager - II
Billing Rate $136.00 $166.00 $211.00 $250.00 $313.00 $383.00 $149.00 $159.00 $269.00 $313.00 10% 0 8 40 24 72 $19,200 $19,200 72 19,200$ -$ -$ 19,200 $
1 11 7 18 $4,941 $4,941 18 4,941$ -$ -$ $ 4,941
2 16 2 1 19 $2,848 $2,848 19 2,848$ -$ -$ $ 2,848
3 12 4 16 $2,632 $2,632 16 2,632$ -$ -$ $ 2,632
4 80 8 8 2 98 $15,194 $15,194 98 15,194$ -$ -$ 15,194 $ 5 64 34 19 2 119 $19,724 $19,724 119 19,724$ -$ -$ 19,724 $ 6 8 5 1 14 $2,651 $2,651 87 11,730$ 1,200$ 1,028$ $ 13,958 7 8 20 44 44 10 126 $31,622 $7,200 $38,822 126 31,622$ 7,200$ -$ 38,822 $ 8 40 8 4 32 4 88 $14,108 $14,108 88 14,108$ -$ -$ 14,108 $ 9 2 16 2 20 $5,048 $5,048 216 31,512$ 67,274$ 9,374$ $ 108,160 10 64 2 1 67 $9,517 $9,517 67 9,517$ -$ -$ $ 9,517
11 72 24 8 10 4 118 $19,216 $19,216 118 19,216$ -$ -$ 19,216 $ 12 13 9 22 $6,067 $6,067 22 6,067$ -$ -$ $ 6,067
13 32 8 40 $7,312 $7,312 40 144,227$ -$ 13,692$ $ 157,919 14 24 4 144 80 8 260 $40,944 $40,944 260 40,944$ -$ -$ 40,944 $ 15 152 8 12 12 2 186 $28,158 $28,158 186 28,158$ -$ -$ 28,158 $ 16 16 20 36 $7,176 $7,176 226 27,991$ 400$ 2,117$ $ 30,508 548 106 40 185 54 20 144 156 44 22 1,319 $236,358 $7,200 $243,558 1,778 429,631$ 76,074$ 26,210$ $ 531,915 0 40 16 56 $15,008 $15,008 56 15,008$ -$ -$ 15,008 $
1 6 2 1 9 $1,488 $1,488 9 1,488$ -$ -$ $ 1,488
2 411 65 50 56 20 602 $97,496 $97,496 602 97,496$ -$ -$ 97,496 $ 3 4 4 8 $1,844 $1,844 8 1,844$ -$ -$ $ 1,844
4 160 44 30 36 12 282 $48,150 $48,150 282 48,150$ -$ -$ 48,150 $ 5 88 22 22 19 8 159 $27,516 $27,516 159 27,516$ -$ -$ 27,516 $ 6 30 4 12 46 $8,308 $8,308 46 8,308$ -$ -$ $ 8,308
7 64 14 12 14 7 111 $19,251 $19,251 111 19,251$ -$ -$ 19,251 $ 8 16 12 4 32 $6,428 $6,428 39 7,690$ -$ 126$ $ 7,816
775 145 120 186 67 12 1,305 $225,489 $225,489 1,312 226,751$ -$ 126$ $ 226,877 1 36 8 13 1 58 $10,147 $10,147 58 10,147$ -$ -$ 10,147 $ 2 20 40 8 68 $15,224 $15,224 75 16,486$ -$ 126$ $ 16,612 3 36 2 14 2 54 $9,444 $9,444 54 9,444$ -$ -$ $ 9,444
92 10 67 11 180 $34,815 $34,815 187 36,077$ -$ 126$ $ 36,203 TOTAL HOURS 1415 251 170 438 132 20 144 156 56 22 2,804 3,277 TOTAL DOLLARS $192,440 $41,666 $35,870 $109,500 $41,316 $7,660 $21,456 $24,804 $15,064 $6,886 $496,662 $7,200 $503,862 692,459$ 76,074$ 26,462$ $ 794,996 TOTALS
Residential Pavement Maintenance - Phase D
City Project Nos. 2612, 2614, 2622 & 2625 - Fee Estimate City of Concord, CA
December 2nd, 2022
R.E.Y. Engineers, Inc.

Hours
Labor Cost
ODC's
Subtotal

TOTAL DOLLARS
I. Preliminary Design
Project Management PD Phase (4 months)
Utility A Letters

TOTAL HOURS

TOTAL LABOR COST

TOTAL ODC'S

SUB MARKUP
Stakeholder Database/Pre-Design Flyers
Mobile LiDAR Survey
Pavement Analytics
Records Research
Preliminary Plan Sheets
Detailed Job Drive Thru Meeting
Geotechnical Report
Project Scoping Memo
Project Scoping Meeting
35% Design (Plans and Estimate)
Public Meetings
Utility Locating
Environmental Document
60% Plans, Specifications, And Estimate (PS&E)
Post 60% PS&E Meeting
Topographic Base Map

SUBTOTAL
II. Final Design
Project Management FD Phase (8 months)
Bid Support
90% PS&E
100% PS&E
Final Bid Documents

SUBTOTAL
III. Construction
Resident Engineer Binder
Construction Engineering Support
Kickoff Meeting
ADA Compliance
Monument Preservation

SUBTOTAL
As-Built/Record Drawings
R.E.Y. Engineers, Inc.

TASK DESCRIPTION
Principal Engineer /
Geologist
Senior Engineer /
Geologist / Scientist
Project Engineer /
Geologist / Scientist
Senior Staff Engineer /
Geologist / Scientist
Technical Illustrator /
Draftsman
Word Processor /
Admin.

Field Technician (PW)
Outreach Oversight
Outreach Manager
Outreach Coordinator I
Outreach Coordinator
II
Graphic Designer
Billing Rate $218.00 $187.00 $140.00 $109.00 $140.00 $109.00 $140.00 $174.00 $133.00 $95.00 $77.00 $182.00 10% 0 72 19,200$ -$ -$ 19,200 $
1 18 4,941$ -$ -$ $ 4,941
2 19 2,848$ -$ -$ $ 2,848
3 16 2,632$ -$ -$ $ 2,632
4 98 15,194$ -$ -$ 15,194 $
5 119 19,724$ -$ -$ 19,724 $
6 16 17 18 16 6 73 $9,079 $1,200 $10,279 87 11,730$ 1,200$ 1,028$ $ 13,958 7 126 31,622$ 7,200$ -$ 38,822 $
8 88 14,108$ -$ -$ 14,108 $
9 4 28 24 80 8 4 48 196 $26,464 $67,274 $93,738 216 31,512$ 67,274$ 9,374$ $ 108,160 10 67 9,517$ -$ -$ $ 9,517
11 118 19,216$ -$ -$ 19,216 $
12 22 6,067$ -$ -$ $ 6,067
13 $136,915 40 144,227$ -$ 13,692$ $ 157,919
14 260 40,944$ -$ -$ 40,944 $
15 186 28,158$ -$ -$ 28,158 $
16 19 32 60 65 14 190 $20,815 $350 $21,165 226 27,991$ 400$ 2,117$ $ 30,508 4 28 24 80 8 4 48 196 $26,464 $67,274 $93,738 35 49 78 81 20 263 $29,894 $1,550 $31,444 $136,915 1,778 429,631$ 76,074$ 26,210$ $ 531,915 0 56 15,008$ -$ -$ 15,008 $
1 9 1,488$ -$ -$ $ 1,488
2 602 97,496$ -$ -$ 97,496 $
3 8 1,844$ -$ -$ $ 1,844
4 282 48,150$ -$ -$ 48,150 $
5 159 27,516$ -$ -$ 27,516 $
6 46 8,308$ -$ -$ $ 8,308
7 111 19,251$ -$ -$ 19,251 $
8 1 5 1 7 $1,262 $1,262 39 7,690$ -$ 126$ $ 7,816
1 5 1 7 $1,262 $1,262 1,312 226,751$ -$ 126$ $ 226,877
1 58 10,147$ -$ -$ 10,147 $
2 1 5 1 7 $1,262 $1,262 75 16,486$ -$ 126$ $ 16,612
3 54 9,444$ -$ -$ $ 9,444
1 5 1 7 $1,262 $1,262 187 36,077$ -$ 126$ $ 36,203
TOTAL HOURS 6 38 24 80 8 6 48 210 35 49 78 81 20 263 3,277 TOTAL DOLLARS $1,308 $7,106 $3,360 $8,720 $1,120 $654 $6,720 $28,988 $67,274 $96,262 $6,090 $6,517 $7,410 $6,237 $3,640 $29,894 $1,550 $31,444 $136,915 692,459$ 76,074$ 26,462$ $ 794,996 TOTALS
Residential Pavement Maintenance - Phase D
City Project Nos. 2612, 2614, 2622 & 2625 - Fee Estimate City of Concord, CA
December 2nd, 2022
Geocon Consulting AIM Consulting SiteScan Hours Labor Cost Subtotal ODC's Subtotal Hours Labor Cost ODC's Subtotal

TOTAL DOLLARS
I. Preliminary Design
Project Management PD Phase (4 months)
Utility A Letters

TOTAL HOURS

TOTAL LABOR COST

TOTAL ODC'S

SUB MARKUP
Stakeholder Database/Pre-Design Flyers
Mobile LiDAR Survey
Pavement Analytics
Records Research
Preliminary Plan Sheets
Detailed Job Drive Thru Meeting
Geotechnical Report
Project Scoping Memo
Project Scoping Meeting
35% Design (Plans and Estimate)
Public Meetings
Utility Locating
Environmental Document
60% Plans, Specifications, And Estimate (PS&E)
Post 60% PS&E Meeting
Topographic Base Map

SUBTOTAL
II. Final Design
Project Management FD Phase (8 months)
Bid Support
90% PS&E
100% PS&E
Final Bid Documents

SUBTOTAL
III. Construction
Resident Engineer Binder
Construction Engineering Support
Kickoff Meeting
ADA Compliance
Monument Preservation

SUBTOTAL
As-Built/Record Drawings
R.E.Y. Engineers, Inc.

Staff Report
Date: January 10, 2023
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kevin Marstall, PE, Director of Community Development Carlton Thompson, PE, City Engineer
Bernard Enrile, PE, CIP Manager
Prepared by: Justin Bosch, PE, Associate Civil Engineer [email protected]
(925) 671-5008
Subject: Considering approval of an Agreement for Professional Services with Bellecci & Associates, Inc. in the not-to-exceed amount of $170,335 (base agreement of $154,850 plus staff authority to spend up to a 10% contingency of $15,485) to provide design engineering and related services for Pavement Maintenance - Zone 2L (Project No. 2626) located between Concord Boulevard and Clayton Road and between Port
Chicago Highway and the Contra Costa Canal;
CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(3), 15378, 15262, and/or Public Resources Code Section 21065.

Report in Brief
The project will rehabilitate pavement in Residential Maintenance Zone 2L, for which the general locations for the zone is as follows (please see Attachment 1 for a detailed map):

Zone 2L: Located in western Concord, bounded by Port Chicago Highway to the west and Contra Costa Canal to the east and between Clayton Road to the south and Concord Boulevard to the north, including The Alameda and surrounding streets.

Engineering design services are needed to initiate project design and to develop plans,

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City Council Agenda Report
Agenda Item No. 4.g
January 10, 2023
specifications, and construction cost estimates. After a competitive process, staff recommends Bellecci & Associates, Inc. (Bellecci) to provide design engineering services for Project No. 2626. Bellecci has extensive experience in the design of pavement improvement projects.

Recommended Action
Approve an Agreement for Professional Services with Bellecci & Associates, Inc. in the not-to-exceed amount of $170,335 (base agreement of $154,850 plus staff authority to spend up to a 10% contingency of $15,485) to provide design engineering and related services for Pavement Maintenance - Zone 2L (Project No. 2626) located between Concord Boulevard and Clayton Road and between Port Chicago Highway and the Contra Costa Canal; authorize the City Manager to execute the agreement in a form acceptable to the City Attorney; and make the CEQA determinations as provided in this staff report.

Background
On June 1, 2021, the City Council approved an updated Five-Year Pavement Expenditure plan (5-Year Plan). This project originally included a small portion of Port Chicago Highway for pavement maintenance. However, that portion will be included as part of Pavement Maintenance – Zones 5M &5H and Port Chicago Highway (Project No. 2621).

This project will rehabilitate pavement in one residential neighborhood and will begin construction in May 2024. Work will also include concrete curb ramps, monument preservation, adjustment of utilities, signage, and pavement striping restoration.

On June 2, 2020, City Council adopted the Capital Improvement Program (CIP) Budget for Fiscal Years 2020-21 and 2021-22 that was updated on June 6, 2021, with a midcycle update, which included funding the design of the following project:
 Pavement Maintenance – Zone 2L (Project No. 2626) will focus on pavement treatments in a residential area in Pavement Maintenance Zone 2L. Treatments such as creak sealing, slurry seals, cape seals, Thin Maintenance Overlay (TMO), mill and paves, and related treatments are to be considered, as well as curb ramp improvements. The project design is funded for Fiscal Year 2022-23 with $2,032,912 of 2021 Debt Issuance Measure V (Fund 407) funds.

Analysis
Recognizing the unique funding opportunity provided by the Measure V Investment Plan, staff recommended prioritizing the design of the residential pavement maintenance project in this paving zone to facilitate construction ahead of the scheduled years as identified in the Five-Year Pavement Expenditure Plan (5-Year Plan).

According to the 5-Year Plan, this neighborhood zone was programmed for funding in Year 5. However, to accelerate the investment of Measure V into pavement rehabilitation and begin construction two years earlier, neighborhood 2L was advanced from Year 5 to be immediately funded for design.

City Council Agenda Report
Agenda Item No. 4.g
January 10, 2023
This advanced funding strategy by staff will continue to be recommended through the next Two-Year Capital Improvement Program (CIP) Budget, providing fully designed and shovel-ready residential paving projects, that allows adjustment of construction timing to coordinate with utility main replacements, maximizes opportunities to receive competitive bid pricing, and accelerates completion of pavement repair citywide.

Engineering design services are needed to initiate the design of the project, select the appropriate pavement treatment, and to develop project plans, specifications, and final construction cost estimates. Limits of pavement work may be adjusted in order to construct improvements within budget, based on final cost estimates and field review during design.

The preliminary schedule calls for design to begin in January 2023 and to be completed in November 2023. Following design, staff will advertise for construction bids.

Construction is anticipated for May 2024.

Procurement Process
Staff issued a Request for Proposal (RFP) for design engineering and related services on October 3, 2022, for Pavement Maintenance, Zone 2L (Project No. 2626). The RFP was advertised in the local newspaper and the City’s Procurement Website. Two proposals were received, which were reviewed and ranked by the selection committee comprised of City staff from Engineering Services.

Based on the analysis of the proposals, interviews, and references, Bellecci & Associates, Inc. (Bellecci) was selected as the most qualified firm to provide design engineering and related services for Residential Pavement Maintenance, Zone 2L (Project No. 2626). City staff and Bellecci negotiated the scope of work, and cost for the services, and agreed upon a combined $154,850 as fair and reasonable compensation for the services needed to complete the design phase of the project.

Financial Impact
The project budget is anticipated to be adequate for the design and construction of Residential Pavement Maintenance, Zone 2L (Project No. 2626). The project will make use of the following fund during the design phase:
 2021 Debt Issuance Measure V (Fund 407)
Environmental Determination
Pursuant to CEQA Guidelines Sections 15060(c), 15061(b)(3), 15262 (Feasibility and Planning Studies),15378, and/or Public Resources Code Section 21065, the City Council action of awarding of the above-referenced Professional Services Agreements is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, as it does not constitute a “project,” does not commit the City to a definite course of action, does not constitute discretionary approval of a specific project, and will not result in a direct or reasonably foreseeable indirect physical

City Council Agenda Report
Agenda Item No. 4.g
January 10, 2023
change in the environment, and in the alternative is exempt from CEQA. No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. This determination reflects the City’s independent judgment and analysis. Individual projects will undergo CEQA analysis as necessary.

Public Contact
The City Council Agenda was posted.

Attachments

1. Project Location Maps

2. Professional Services Agreement with Bellecci & Associates, Inc with Exhibit A, Fee Estimate

ATTACHMENT 1
Project Location Map
Residential Pavement Maintenance – Zone 2L
City Project No. 2626
PJ 2626

Project Location Map
Pavement Maintenance ‐ Zone 2L

AGREEMENT FOR PROFESSIONAL SERVICES
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28 THIS AGREEMENT (“Agreement”) is entered into on January 10, 2023 between the City of Concord (“CITY”) and Bellecci & Associates, Inc, 2290 Diamond Blvd, Suite 100, Concord, Ca 94520 (“CONSULTANT”).

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

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

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

1. TERM. This Agreement shall commence on January 10, 2023, and expire on June 30, 2023.

2. SCOPE OF SERVICES. Subject to such policy direction and approvals provided by the CITY's Authorized Representative, CONSULTANT shall provide consulting services for Residential Pavement Maintenance – Zone 2L, , Project No. 2626 described in detail in Exhibit A, a proposal from Bellecci & Associates dated October 31, 2022, attached hereto and made a part hereof.

CITY retains all rights of approval and discretion with respect to the projects and undertakings contemplated by this Agreement.

3. PAYMENT. The compensation to be paid to CONSULTANT including payment for professional services and reimbursable expenses, shall be at the rate and schedules in detail in Exhibit A. However, in no event shall the amount CITY pays CONSULTANT exceed one-hundred seventy thousand three-hundred thirty-five dollars ($170,335.00) for the term of this Agreement. The total includes the sum of the base contract of one-hundred fifty-four thousand eight-hundred fifty dollars ($154,850.00) and a 10% contingency of fifteen thousand four hundred eighty-five dollars ($15,485.00).

Any Amendment to this Agreement that includes an increase to this compensation amount shall be made in accordance with Section 5 below.

CONSULTANT may submit monthly statements for services rendered; all statements shall include adequate documentation demonstrating work performed during the billing period. It is intended that CITY review such statement and pay CONSULTANT for services rendered within 30 days of Attachment 2

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28 receipt of a statement that meets all requirements of this Agreement. Payment by CITY shall not be deemed a waiver of unsatisfactory work, even if such defects were known to the CITY at the time of payment.

4. AUTHORIZED REPRESENTATIVES. Authorized representatives shall represent CITY and CONSULTANT in all matters pertaining to the services to be ordered by CITY or rendered by CONSULTANT under this Agreement except where approval for the CITY is specifically required by the City Council. The CITY’s authorized representative is Carlton Thompson, City Engineer of the Community Development Department. The CONSULTANT’s authorized representative is Robert Broestl, Principal-in-Charge.

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

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

3.10.040(a). The Minimum Threshold for Fiscal Year 2022-23 is $80,000 and increases by $5,000 each subsequent fiscal year such that by Fiscal Year 2026-27 the Minimum Threshold is $100,000. Any additional compensation to CONSULTANT that is greater than the Minimum Threshold, including the base contract amount, must be approved by City Council. CONSULTANT’s failure to secure CITY’s written authorization for additional compensation or changes to the Scope of Work shall constitute a waiver of any and all right to adjustment in the price or time due, whether by way of compensation,

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28 restitution, quantum merit, or similar relief.

6. INDEPENDENT CONTRACTOR. Both parties understand and acknowledge that CONSULTANT, its agents, employers and subcontractors are and shall at all times remain as to the CITY wholly independent contractors. Neither the CITY nor any of its officers or employees shall have any control over the manner by which the CONSULTANT performs this Agreement and shall only dictate the results of the performance. CONSULTANT shall not represent that CONSULTANT or its agents, employees or subcontractors are agents or employees of the CITY, and CONSULTANT shall have no authority, express or implied, to act on behalf of the CITY in any capacity whatsoever as an agent, and shall have no authority, express or implied, to bind the CITY to any obligation whatsoever, unless otherwise provided in this Agreement.

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

7. STANDARD OF PERFORMANCE. CONSULTANT represents and warrants to CITY that CONSULTANT is skilled and able to provide such services described in the Scope of Work and that such services shall be performed in an expeditious manner, and with the degree of skill and care that is required by current, good, and sound procedures and practices. CONSULTANT further

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28 agrees that the services shall be in conformance with generally accepted professional standards prevailing at the time work is performed.

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

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

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

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

Title to all plans, specifications, maps, estimates, reports, manuscripts, drawings, descriptions and other final work products compiled by the CONSULTANT under the Agreement shall be vested in the CITY, none of which shall be used in any manner whatsoever, by any person, firm, corporation, or agency without the expressed written consent of the CITY. Basic survey notes and sketches, charts, computations, and other data prepared or obtained under the Agreement shall be made available, upon request, to the CITY without restriction or limitations on their use. CONSULTANT may retain copies

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28 of the above-described information but agrees not to disclose or discuss any information gathered, discussed or generated in any way through this Agreement without the written permission of CITY during the term of this Agreement, unless required by law.

10. INDEMNIFICATION.

A. For Design Professional Services Only. Pursuant to California Civil Code Section 2782.8, CONSULTANT agrees to indemnify the CITY (including its officers, agents, employees and volunteers) against liability for claims against the CITY that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT in the performance of this Agreement. The CONSULTANT will reimburse the CITY for any expenditures, including reasonable attorney fees, incurred by the CITY in defending against claims ultimately determined to arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT.

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

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

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

B. Automobile Liability Coverage. CONSULTANT shall maintain automobile liability insurance covering all vehicles used in the performance of this Agreement providing a one

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28 million dollar ($1,000,000) combined single limit per occurrence for bodily injury, personal injury, and property damage.

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

D. Compliance with State Workers' Compensation Requirements.

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

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

Except for worker's compensation and professional liability insurance, the policies mentioned in this subsection shall name CITY as an additional insured and provide for notice of cancellation to CITY. CONSULTANT shall also provide timely and prompt notice to CITY if CONSULTANT receives any notice of cancellation or nonrenewal from its insurer. (2) Primary Coverage. CONSULTANT'S insurance coverage shall be

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28 primary insurance with respect to CITY, its officers, officials, employees, and volunteers. Any insurance, risk pooling arrangement, or self-insurance maintained by CITY, its officers, officials, employees, or volunteers shall be in excess of CONSULTANT'S insurance and shall not contribute with it.
(3) Reporting Provisions. Any failure to comply with the reporting provisions of the policy shall not affect the coverage provided to the CITY, its officers, officials, employees, or volunteers.
(4) Verification of Coverage. CONSULTANT shall furnish CITY with certificates of insurance and the original endorsements effecting coverage required by this Agreement.

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

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

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

14. TERMINATION. CITY may terminate this Agreement for any reason upon ten (10) days written notice to the other party. CITY may terminate the Agreement upon five (5) days written notice if CONSULTANT breaches this Agreement. In the event of any termination, CONSULTANT

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28 shall promptly deliver to the CITY any and all finished and unfinished reports or other written, recorded, photographic, or visual materials, documents, data, and other deliverables (“Work Materials”) prepared for the CITY prior to the effective date of such termination, all of which shall become CITY’s sole property. After receipt of the Work Materials, CITY will pay CONSULTANT for the services performed as of the effective date of the termination.

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

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

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

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

16. CONFLICT OF INTEREST.

A. CONSULTANT covenants and represents that neither it, nor any officer or principal of its firm, has, or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of CITY or which would in any way hinder CONSULTANT’s performance of services under this Agreement. CONSULTANT further covenants that in the performance of the Agreement, no person having any such interest shall be employed by it as an officer, employee, agent

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28 or subcontractor without the express written consent of the CITY. CONSULTANT agrees to at all times avoid conflicts of interest, or the appearance of any conflicts of interest, with the interests of the CITY in the performance of this Agreement.

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

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

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

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

20. ENFORCEABILITY; INTERPRETATION. In the event that any of the provisions or portions of application of any of the provisions of the Agreement are held to be illegal or invalid by a court of competent jurisdiction, CITY and CONSULTANT shall negotiate an equitable adjustment in the provisions of the Agreement with a view toward affecting the purpose of the Agreement. The illegality or invalidity of any of the provisions or portions of application of any of the provisions of the Agreement shall not affect the legality or enforceability of the remaining provisions or portions of application of any of the provisions of the Agreement. This Agreement shall be interpreted as though it was a product of a joint drafting effort and no provisions shall be interpreted against a party on the ground that said party was solely or primarily responsible for drafting the language to be interpreted.

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

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

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28 power to bind or commit the CITY to any decision.

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

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

To CITY: Carlton Thompson, City Engineer
Community Development Department
City of Concord
1950 Parkside Drive
Concord, CA 94519-2578
Phone: (925) 671-3182
Fax: (925) 798-8692
To CONSULTANT: Robert Broestl
Bellecci & Associates
2290 Diamond Boulevard, Suite 100, Concord, CA
94520
Concord, CA 94520
Phone: (925) 685-4569

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

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

This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have

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28 been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.

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

CONSULTANT CITY OF CONCORD, a Municipal
Corporation
By:_________________________________ By:______________________________ Name: Robert Broestl Name: Valerie Barone
Title: Principal-in-Charge Title City Manager
Address: 2290 Diamond Boulevard, Suite 100, Address: 1950 Parkside Drive Concord, CA 94520 Concord, CA 94519
Telephone: (925) 685-4569 Telephone: (925) 671-3150
Email: [email protected]
APPROVED AS TO FORM: ATTEST:

Susanne Brown Joelle Fockler, MMC
City Attorney City Clerk
Date: _____________________________, 2023
FINANCE DIRECTOR'S CERTIFICATION:

Concord, California
Date: _____________________________, 2023

I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEAR 2022/23 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.

THE SUM OF $170,335.00
Account Code: 4079500C999-74500 / 4072626113-74500

Finance Director's Signature

Exhibit A to Attachment 2

TASK RATE 228 196 168 150 228 312 170 95 1.1 1.1
# TASKS DESCRIPTION Principal Professional Design Assistant Professional 2-Man Survey Administration HRS. DIRECT TOTAL Engineer I Engineer II Engineer I Engineer I Surveyor Survey Crew Technician III /TASK COST COST 1 Project Administration (Includes Project Status Reports & Schedule Updates) 20 4 24 $4,940.00 2 Kick-off Meeting 2 2 4 $848.00
3 Project Meetings (City Staff) 8 8 16 $3,392.00
4 Public Outreach Meetings (1-BPAC & 1-Public Outreach) 4 6 10 $2,088.00 5 QA/QC 2 8 10 $2,024.00
Sub-Total 36 24 0 0 0 0 0 4 0 0 64 $13,292.00
1 Utility Research & Coordination (PG&E, Comcast, AT&T, City, etc.) 2 2 8 12 $2,048.00 2 Detailed Site Investigation & Mark Pavement Repairs 2 16 16 34 $5,992.00 3 Topographic Survey Base Map 2 2 2 16 16 38 $9,016.00
4 Right of Way Research 2 2 4 16 24 $4,480.00
5 Geotechnical Pavement Testing Investigation (Allocation) 2 2 $30,000 4 $33,848.00 Sub-Total 10 24 0 24 6 16 32 0 $30,000 $0 112 $55,384.00 1 Preliminary Plans & Estimate (30%) 4 40 80 4 128 $21,132.00 2 Plans, Specifications & Estimate (60% & 90%) 4 80 100 4 188 $31,972.00 3 Final Plans, Specifications & Estimate (100%) 4 54 80 4 142 $23,876.00 Sub-Total 12 174 0 260 0 0 0 12 $0 458 $76,980.00
1 Bid Period Services 2 4 6 $1,240.00
Sub-Total 2 4 0 0 0 0 0 0 $0 $0 6 0 $1,240.00
1 Construction Phase 4 12 24 2 42 $7,054.00
Sub-Total 4 12 0 24 0 0 0 2 $0 $0 42 0 $7,054.00
1 Miscellaneous Expenses (Mileage, Prints, Postage, etc.) $900 $900.00 PROJECT TOTAL 64 238 0 308 6 16 32 18 $30,000 $0 682 $900 $154,850 1 2 Reasonable reimbursable charges are included in hourly rates (e.g. mileage, postage, photocopies, computer plotting/printing for internal use, UPS/FedEx). 3 4
5 6
7 8
9 10
11 12
Utility plans from the various utility companies are readily available, accurate and current and if needed utility relocations will be designed by others.

Geotechnical borings may be performed in City right of way City encroachment permit fees for geotechnical and potholing work will be waived.

City pays for all outside agency fees (Caltrans and utility companies).

City is performing all environmental documentation for compliance.

City will print and distribute all bid documents.

Project Assumptions
Distribution of hours shown on the budget are for estimating purposes and the invoicing hours can vary as long as the total approved budget is not exceeded.

Project plans, specifications and estimate (PS&E) submittals to the City for review will be at the 30% (plans & estimate only), 60%, 90%, and 100%/Final bid stages.

Right of way research is from available on-line Parcel Quest information and does not include any survey field work or acquiring any preliminary title reports.

Easement and right of way plats and legal descriptions are not included and if needed all property owner negotiations will be done by the City.

City will provide the boiler plate for the front end specifications in Word for Bellecci to modify to be project specific.

Geotechnical
Potholing SubContractor

PROJECT BUDGET ESTIMATE
Task 4 - Bid Period Services
Task 3 - Plans, Specifications & Estimate
Task 5 - Construction Phase
Task 1 - Project Administration
Task 2 - Site Investigation, Data Collection, & Survey

COST PROPOSAL
City of Concord
Residential Pavement Maintenance – Zone 2L
December 9, 2022

Staff Report
Date: January 10, 2023
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.

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.

4.h

City Council Agenda Report
Agenda Item No. 4.h
January 10, 2023
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 38 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.

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

City Council Agenda Report
Agenda Item No. 4.h
January 10, 2023
“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.

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 February 9, 2023.

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.

The City Council must make findings regarding the circumstances of the emergency and vote to continue using the law’s exemptions every 30 days. 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.

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

City Council Agenda Report
Agenda Item No. 4.h
January 10, 2023
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.

Financial Impact
There is no financial impact.

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. 23-XX
LRA Res. No. 23-XX
CPHHCD Res. No. 23-XX 1

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD, CITY CONCIL 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 Continue to Meet Remotely
Pursuant to AB 361
City Council Resolution No. 23-XX
Local Reuse Authority Resolution No. 23-XX
Concord/Pleasant Hill Health Care District Resolution No. 23-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, 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 an end date of September 30, 2021, on such authority; and WHEREAS, since the issuance of Executive Order N-08-21, Delta and Omicron variants emerged, causing spikes 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 Attachment 1

Res No. 23-XX
LRA Res. No. 23-XX
CPHHCD Res. No. 23-XX 2
(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, the County Health Officer continues to recommend social distancing and the use of online meetings in order to safely hold public meetings, most recently through a December 7, 2022 letter; and
WHEREAS, the County Health Officer has confirmed that the above recommendations to continue social distancing and use online meetings remain in place despite the rescission of formal health orders on October 21, 2022; 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

Res No. 23-XX
LRA Res. No. 23-XX
CPHHCD Res. No. 23-XX 3
WHEREAS, the City Council, the Local Reuse Authority, and the Concord/Pleasant Hill Health Care District passed Resolution No. 22-76, Local Reuse Authority Resolution No. 22-47, and Concord/Pleasant Hill Health Care District Resolution No. 21-039 on December 12, 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. Consistent with that authority, this January 10, 2023, meeting of the City Council, the Local Reuse Authority; and the Concord/Pleasant Hill Health Care District was held remotely using teleconferencing; and
WHEREAS, the facts, circumstances, and emergency under which such determination was made and Resolution No. 22-76 Local Reuse Authority Resolution No. 22-47, and Concord/Pleasant Hill Health Care District Resolution No. 22-039 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 January 10, 2023; 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 January 10, 2023, 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. 23-XX
LRA Res. No. 23-XX
CPHHCD Res. No. 23-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. 23-XX
LRA Res. No. 23-XX
CPHHCD Res. No. 23-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 January 10, 2023, 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 January 10, 2023, by the following vote:

AYES: Councilmembers -
NOES: Councilmembers -
ABSTAIN: Councilmembers -
ABSENT: Councilmembers -
I HEREBY CERTIFY that the foregoing City Council Resolution No. 23-XX, Local Reuse Authority Resolution No. 23-XX and Concord/Pleasant Hill Health Care District Resolution No. 23- 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 January 10, 2023.

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Brown
City Attorney

Staff Report
Date: January 10, 2023
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kevin Marstall, PE, Director of Community Development Mindy Gentry, Planning Manager
Prepared by: Aaron Sage, Principal Planner
[email protected]
(925) 671-3465
Subject: Considering comments from the California Department of Housing and Community Development on the City's draft
Housing Element Update (HEU), and providing input to be incorporated into a revised HEU for adoption by the City Council.

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

Report in Brief
Pursuant to State law, every city and county in California must adopt a housing element as part of its general plan. The housing element contains policies and programs to address the housing needs of all economic segments of the community over an eightyear planning cycle, which for Bay Area jurisdictions covers the period 2023 to 2031 (also known as the “sixth cycle”). State law requires Bay Area jurisdictions to adopt updated housing elements for the sixth cycle and submit them to the California Department of Housing and Community Development (HCD) for certification by January 31, 2023.

On May 26, 2022, the City of Concord (City) released the first public draft of its Housing Element Update (HEU) for a 30-day public review period. On June 21, 2022, the City Council (Council) considered this draft, received public comments, and provided input

5.a

City Council Agenda Report
Agenda Item No. 5.a
January 10, 2023
for a revised draft that was submitted to HCD on August 16, 2022 (Attachment 1).1 On November 14, 2022, HCD provided a letter to City staff with comments on the draft HEU (Attachment 2).

The purpose of this meeting is for Council to consider HCD’s comments and provide input on further revisions to the HEU to address HCD’s comments. Staff will incorporate Council’s input into a revised HEU and present it to the Planning Commission for a recommendation on January 19, 2023, and to Council for adoption on January 31, 2023. Upon adoption, staff will submit the revised HEU to HCD for certification, the final step in the HEU process.

Recommended Action
Consider comments from the California Department of Housing and Community Development on the City's draft Housing Element Update (HEU) and provide input to be incorporated into a revised HEU for adoption by the City Council, and make the CEQA determinations as provided in this staff report.

Background
Current Housing Element
On January 6, 2015, the Council adopted the City’s current Housing Element, which HCD certified on January 20, 2015, and covers the period of 2015 to 2022.2 Initial Council Direction
On June 22, 2021, staff provided Council with an overview of the Housing Element Update (HEU), and Council accepted public comments and provided direction to staff on the HEU advisory process and community engagement strategy. Specifically, Council:
 Designated the Housing and Economic Development Council Committee (HED Chair McGallian, member Aliano) as the lead advisory body for the HEU, with the responsibility to review and comment on all public documents in the Housing Element process, provide a dedicated forum for public testimony, discuss key policy issues, and make recommendations to the Council prior to final adoption.  Directed staff to consult with a variety of community-based organizations (CBOs) and other stakeholder groups regarding community engagement strategies for the HEU, and to consider how to incorporate this input into the HEU’s Community Engagement Plan.
1 Available at: http://concordhousingelement.org/wp-content/uploads/2022/08/City-of-Concord-Draft-6thCycle-Draft-Housing-Element_Entire-Element.pdf 2 Available at: https://www.cityofconcord.org/DocumentCenter/View/1170/Housing-Element-Update--- Final-11-07-2014-PDF

City Council Agenda Report
Agenda Item No. 5.a
January 10, 2023
Community Engagement Process
An extensive and inclusive community engagement process is essential to a successful HEU and is required by State law.3 A detailed Community Engagement Summary is provided in Appendix F of the draft HEU. The engagement process was developed to be a multipronged and layered approach to reach as many different segments of the community as possible. As a result, the HEU project team had nearly 1,500 contacts with individual community members and worked with over 25 community groups through 14 events (both virtual and in-person) and an online survey. The following section summarizes key steps in the HEU community engagement process, and major themes expressed by participants.
 Initial Council and Stakeholder Input
On July 21 and 22, 2021, to implement Council’s direction, staff held eight onehour “listening sessions” with representatives from 25 CBOs, business groups, and other key stakeholders to gather input on the HEU engagement process. On August 24, 2021, staff presented a Community Engagement Plan (“Plan”) incorporating this input to Council, and Council approved the Plan along with the consultant task order for the HEU.
 “Town Hall” Meetings
On October 16 and 19, 2021, the project team held two “town hall” meetings to introduce the community to the HEU process and obtain initial, high-level input. Approximately 17 community members participated in the in-person event on October 16, and the top priorities identified were senior housing, ensuring that new housing fits within the community’s physical character, and preventing people from losing their homes (displacement). Approximately 25 community members participated in the virtual event on October 19, and the top priorities identified were creating more affordable rental units and housing for unsheltered persons, persons with disabilities, and seniors, and preventing displacement.

On March 15 and 27, 2022, the project team held the second series of “town hall” events, which presented a preliminary inventory of potential housing sites, discussion of fair housing issues, and current City policies and programs that address displacement, and invited the public’s input on these topics. The March 15 event, which was held via Zoom, was attended by 58 persons, and 62 persons attended the March 27 event, which was held in person at Todos Santos Plaza. At the March 15 event, several community members and advocates spoke on their desire for greater tenant protections including rent control, and to locate new affordable housing throughout the City, including upper-income areas. At the March 27 event, which was an informal open house format, staff spoke with community members from many backgrounds, including four unsheltered persons and several Spanish3 Govt. Code § 65589(c)(9).

City Council Agenda Report
Agenda Item No. 5.a
January 10, 2023
speaking persons (a translator was provided). Attendees included several members of First 5’s Central County Regional Group, an organization which advocates for lower-income Concordians.

On June 4 and 8, 2022, the project team held the third and final series of “town hall” events to present the entire draft HEU, with a focus on the proposed programs. 47 persons attended the June 4 event, which was held as an “open house” format at Todos Santos Plaza, and 14 persons attended the June 8 event, which was held via Zoom. At the June 4 event, the project team had several in-depth conversations with community members, most of whom were new to the process and wanted to better understand housing issues in Concord. The June 8 event featured a one-hour, open-ended discussion period, during which several community members and advocates spoke on their desire for greater tenant protections. Several speakers also stated that while the HEU identifies displacement as an ongoing issue, it does not contain sufficient actions to address that issue.
 HED Meetings
In its role as the advisory body for the HEU, the HED Committee considered key components of the HEU and received public testimony on three occasions. On February 28, 2022, the HEU project team provided the HED Committee with an overview of the following topics:
(1) policies and programs from the current or fifth cycle Housing Element that are recommended to be continued into the sixth cycle Housing Element;
(2) the City’s housing needs for the sixth cycle; and
(3) fair housing issues facing the City in accordance with new State laws regarding Affirmatively Furthering Fair Housing (AFFH).

Following the project team’s presentation, the HED Committee received public comment from several speakers. Major themes of public comment included the need to consider all available data on displacement issues and loss of affordable housing, including public testimony over the past several years, and the need for the fair housing analysis to be presented early in the HEU process. After public comment, HED Committee members requested that the project team consider all available data on displacement issues, bring forward potential anti-displacement policies as soon as possible, and address potential opportunities for increased home ownership.

On March 21, 2022, the project team provided the HED Committee with an overview of constraints on housing production and the preliminary inventory of sites available for housing development to satisfy the City’s Regional Housing Needs Allocation (RHNA). Following the presentation, the

City Council Agenda Report
Agenda Item No. 5.a
January 10, 2023
Committee received public comment from several speakers. Several speakers stated that the preliminary inventory resulted in too much concentration of lower income4 housing sites in the western portion of the City (in and near Downtown and the Monument Corridor), and that these sites should be distributed throughout the City, including in more affluent areas to the south and east. One speaker requested several changes to the format of future town hall meetings to better facilitate public participation. After public comment, HED Committee members expressed similar concerns regarding concentration of lower income sites and requested that staff provide the presentation slides further in advance of the next meeting to allow more time for review.

On May 4, 2022, the project team informed the HED Committee that the sites inventory had been revised to reduce the concentration of lower-income sites in the western portion of the City. The project team also provided the Committee with an overview of proposed programs for the HEU, including a rezoning program that would allow for additional opportunities for lowerincome sites outside of “low resource” areas5 of Concord (Attachment 4).

Additional discussion of the sites inventory and rezoning program is provided below. Staff also provided an overview of various Council actions around tenant protections since 2016, while noting that Council had chosen not to implement rent control or prohibit evictions without a pre-defined “just cause”.

Almost all speakers stated that the proposed programs do not adequately address displacement issues for low-income renters and should include rent control and prohibition of evictions without “just cause”. Several speakers stated that they appreciate the proposed rezoning program, but that the timeline for this program should be earlier than December 2026.

After public comment, Committee member Aliano stated that:
o He appreciates staff’s presentation and looks forward to discussion by Council at the study session on June 14;
4 In State housing element law, “lower-income” includes the “very-low income” and “low income” categories as defined by the Federal Department of Housing and Urban Development. This term applies to housing that is affordable to households earning 80 percent or less of the area median income (AMI). It does not include housing for “moderate income” households (earning 80-120 percent of AMI) or “above moderate income” households (market-rate housing with no income restrictions). 5 This term comes from the California Tax Credit Allocation Committee’s (TCAC) Opportunity Maps (https://www.treasurer.ca.gov/ctcac/opportunity.asp), which score all Census tracts in California based on access to various opportunities that are linked to critical life outcomes, such as education, employment, economic development, safe and decent housing, low rates of violent crime, transportation, and recreation. “Low Resource” indicates the lowest-scoring tracts on the Opportunity Maps, while “Highest Resource” indicates the highest-scoring tracts. The northern, central and western portions of Concord are designated as “Low Resource”. Pursuant to AB 686, HCD requires that jurisdictions consider these resource designations in developing their Affirmatively Further Fair Housing analysis and programs.

City Council Agenda Report
Agenda Item No. 5.a
January 10, 2023
o He has concerns about transportation and parking issues on Monument Boulevard given that he believes public transportation is not a viable option for many residents in this area;
o He appreciates the inclusion of a rezoning program in the proposed programs; and
o His position on furthering tenant protections has not changed, and Council will need to provide direction on this issue on June 14.

After Committee member Aliano’s comments, Chair McGallian stated that:
o He also appreciates staff’s presentation;
o He agrees with Committee member Aliano’s comments about transportation and parking issues on Monument Boulevard; o He appreciates the potential for upzoning in the proposed rezoning program and he believes this is a significant step by the City given that upzoning is typically opposed by residents in most cities; and o He would like to receive further information on any pending legislation regarding investment companies purchasing housing units and/or short-term rental units.6
 Community Survey
To engage with a broader range of community members than would be possible with the above events, the project team also prepared an online survey of housing issues. The survey was open from December 15, 2021, through March 31, 2022. Gift cards were offered to encourage greater participation, and a total of 846 participants completed the survey. A detailed discussion of the survey results is available in Appendix F of the draft HEU.

Below are some of the most noteworthy survey results:
o Concord residents selected affordability, proximity to family and friends, and proximity to work (in that order) as their top reasons for choosing to live in Concord.
o Concord residents who took the survey were 75 percent homeowners and 24 percent renters.
o About 30 percent of respondents said they have experienced, or are experiencing, homelessness.
6 After the HED meeting, staff provided the Committee with information on two pending State bills that would address this issue, AB 2170 and AB 1850. AB 2170 is aimed at “giving more Californians the chance to own a home by giving owner-occupants and public entities a “First Look” at purchasing bankowned properties, and by prohibiting “bulk sales” of foreclosed homes.” AB 1850 (Ward) which prohibits a city, county, or joint powers authority from acquiring unrestricted, multifamily housing unless the development meets specified criteria, which includes affordability and rental restrictions.

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o Respondents ranked priorities for new housing in the following order:

1. Locate new housing throughout the City, not just in lowerincome areas (selected by 51.4 percent of respondents).

2. Locate new housing near transit, amenities, jobs and services (selected by 49.5 percent of respondents).

3. Prioritize redevelopment of vacant or underutilized commercial properties (selected by 43.5 percent of respondents).

4. Preserve the character of existing lower-density neighborhoods (selected by 34.2 percent of respondents).
o Respondents indicated the following as their greatest concerns regarding displacement:

1. Long-term residents cannot afford to stay in the community.

2. Sudden rent increases.

3. Sudden lease termination.
 Pop-Up Events
The project team has also conducted the following “pop-up” events to provide further opportunities for community engagement:
o Music and Market, Todos Santos Plaza, September 30, 2021 o Farmer’s Market, Todos Santos Plaza, October 12, 2021 o The Veranda, December 11, 2021
o Concord and North Concord BART Stations, June 13 and 15, 2022, respectively
o Las Montañas Supermarket, June 16, 2022
Summary of Draft HEU
As noted earlier, the City released the draft HEU for public review on May 26, 2022.

This section summarizes the major components of this draft. Subsequent revisions to the draft are summarized in the “Council Input on Draft HEU” section below.  Housing Goals
The Housing Element identifies the following five goals to address the City’s housing needs during the sixth cycle. These goals are essentially the same as the fifth cycle goals, but with revised language that expresses the desired “end state” for each goal. Each goal also has a series of more detailed implementing policies; see the draft HEU for these policies.
o Goal 1: A balanced supply of housing types, densities, and prices to meet the needs of all income groups residing or who wish to reside in Concord.

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o Goal 2: Preserved and enhanced neighborhoods that improve quality of life for all residents.
o Goal 3: A City with housing opportunities for all special housing needs, including households with older adults, persons with disabilities, femaleheaded households, large families, and people experiencing homelessness.
o Goal 4: A City with equal housing opportunity and access for all people regardless of race, religion, gender, marital status, age, ancestry, national origin, color, sexual orientation, familial status, source of income, or disability.
o Goal 5: A sustainable City that protects the environment while lowering the cost of energy.
 Draft Programs
The HEU’s programs section is the key component of the document, as it is built from the other components of the HEU and identifies the concrete actions that the City will take over the next eight years to address its housing needs. The proposed programs are provided in Section 1.5 of the HEU. Each program addresses a different housing issue (e.g., ADUs, homelessness, etc.) and provides objectives, timeframes, responsible agencies, funding sources, relevant HEU policies, and AFFH information. The draft sixth cycle HEU has a different format that results in fewer programs than the fifth cycle HEU (23 vs. 78), but each program contains multiple actions which are similar in format to the fifth cycle HEU programs.

The programs can generally be grouped into three main categories:
o Programs already being conducted by the City which are effective and should be continued.
o New programs required by the State, including Development Code amendments to bring the City’s code into conformance with State law; and o New programs not directly required by the State but proposed by the City to address its housing needs.

Because the complete list of HEU programs is very lengthy and includes many programs already being conducted by the City, the following list includes only the most substantial and noteworthy new programs in the HEU:
o Adopt financial and regulatory incentives for affordable ADUs (required by State law).
o Allow projects with 20 percent affordable units by right on specified sites (required by State law).

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o Initiate County-level discussion of community land trusts and a regional housing trust fund.
o Rezone properties to provide additional opportunities outside of lower resource areas.
o Expand the City’s inclusionary (below market-rate) requirements to include rental and condominium projects.
o Adopt objective design standards to streamline the development process (given that the City’s current subjective standards are no longer applicable under State law).
o Remove covered parking requirement for multifamily housing projects. o Allow religious institutions to remove parking in order to provide housing (required by State law).
o Adopt a tenant anti-harassment protection ordinance.
o Appropriate $2.4 million dollars7 for development and implementation of a Strategic Plan on homelessness.
o Utilize $1.25 million dollars in grant funds to provide housing navigation, support services, and 6 to 12 months of rental subsidy to rapidly rehouse people experiencing homelessness for the next 5 years, or longer if funding is available.
o Hire a Community Services Manager whose role will include a focus on homelessness issues by July 2022.
 Review of Fifth Cycle Programs (Appendix A):

California Government Code Section 65588(a) requires each jurisdiction to regularly review its housing element and evaluate the following:
o the progress in implementation of the Housing Element; o the effectiveness of the Housing Element programs in progress toward achieving the housing goals and objectives; and
o the appropriateness of the housing goals, objectives, and policies, and in contributing to the attainment of the State housing goal.

As required by State law, Appendix A provides a detailed review of all 78 programs of the City’s current Housing Element. This review concludes that approximately 80 percent of the current programs were effective (at least in part) 7 On September 27, 2022, the City Council allocated an additional $3 million dollars of one-time American Rescue Act Plan (ARPA) funding towards implementing policies developed through the Homeless Strategic Plan, bringing the total amount up to $5.4 M. This new number will be updated in the next version of the HEU..

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and should be continued into the HEU, but with clear, quantifiable objectives as required by State law. The programs proposed for deletion were either ineffective or, more commonly, have already been incorporated into the City’s routine practices through code amendments and no longer require a dedicated program.

In some cases, programs proposed for deletion are being addressed by a new program that covers the same topic.
 Housing Needs Assessment (Appendix B):

California Government Code Section 65583(a)(1&2) requires each jurisdiction to prepare a Housing Needs Assessment with detailed information on demographic characteristics and trends that influence supply and demand for various housing types in Concord, including population, income, age, race/ethnicity, housing condition, employment, and groups with special needs (e.g., older adults, persons with disabilities, and persons experiencing homelessness). This information helps to inform the goals, objectives, policies, programs, and activities proposed in the HEU.

Below are key findings of the Needs Assessment8:
o By 2035, Concord is expected to grow by 34.1 percent, roughly twice the rate of Contra Costa County (17.8 percent). Development of the former Concord Naval Weapons Station will contribute a large portion of this growth.
o The age group with the highest growth rate was older adults (65 and older), at 42.1 percent (from 11.3 to 15 percent of the total population). o Concord became increasingly diverse in terms of race/ethnicity, with all groups except White increasing in size and percentage of the total population.
o Unemployment decreased by approximately 38 percent, while the number of residents not in the labor force increased by approximately 20 percent (most likely primarily driven by the growing number of retirees). o Black/African American persons and persons of two or more races experienced the highest levels of unemployment, at 12.2 and 9.9 percent, respectively. These rates were substantially higher than the overall unemployment rate of 3.4 percent.
o Average household size remained roughly the same, at 2.75 persons (versus 2.67 persons in 2010).
o The number of owner-occupied units decreased slightly (by 1.5 percent) while the number of rental units increased substantially (by 11.8 percent). 8 Data are from 2010 to 2019, unless noted.

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o The overall housing vacancy rate decreased from 6.6 to 3.4 percent. Five percent is commonly considered a “healthy” vacancy rate. o Over three quarters (76.3 percent) of Concord’s housing stock was built before 1980.
o Numbers in all categories of annual household income decreased as a percentage of total population, except for those earning less than $5,000 and those earning $75,000 or greater. The number of households earning $150,000 or more saw the largest increase, 88.6 percent. This data generally indicates that the working-class population of Concord has been declining, while the extremely low-income and middle- and upper-class populations have been increasing.
o Growth rates in median household income compared with housing prices provide an indicator of whether housing is becoming more or less affordable. For owner-occupied units, median household income grew by

29.4 percent while median home sales price grew by 17.2 percent. For renter-occupied households this trend was reversed, with household income growing by 36.6 percent while median rents grew by 44.4 percent. o In 2017, approximately 38.9 percent of Concord households spent more than 30 percent of their income on housing and are therefore considered “cost burdened.” Approximately 17.4 percent of households spent more than 50 percent and are considered “severely cost burdened.” Hispanic/Latinx and Black/African American households have substantially higher rates of cost burden than the overall population, with 33.8 percent of Black households being severely cost burdened.
o The number of households qualifying as “overcrowded” (one to 1.5 occupants per room) increased by 41.3 percent (from 1,779, or 4 percent of total households, to 2,514, or 5.4 percent of total households), while the number qualifying as “severely overcrowded” (over 1.5 occupants per room) increased by 138.7 percent (from 509, or 1.1 percent of total households, to 1,215, or 2.6 percent of total households). o 160 unsheltered Concord residents were identified in the 2020 Point In Time (PIT) count. This represents about 31 percent of the unsheltered persons in Central Contra Costa County, and about 10 percent of the total unsheltered persons Countywide.
o The total count of persons in 2020 experiencing homelessness (both sheltered and unsheltered) was 252. This represents a 15.7-percent decrease from the 2015 count of 299 persons.

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 Constraints and Zoning Analysis (Appendix C):

California Government Code Sections 65583(a)(5) and (6) require each jurisdiction to prepare an analysis of actual and potential governmental constraints for each of the following:
o Land use controls.
o Building codes and their enforcement.
o Site improvement requirements.
o Fees and other exactions.
o Local processing and permit procedures.
o Housing for persons with disabilities.
o Transitional housing and supportive housing as a residential use of property and subject only to those restrictions that apply to other residential dwellings of the same type in the same zone.

The Constraints and Zoning Analysis identifies the following as constraints on housing production that should be addressed in Concord’s HEU programs:
o Requiring Design and Site Review for manufactured housing on existing lots, transitional and supportive housing, Low-Barrier Navigation Centers, emergency shelters, group housing (single-room occupancy units or SROs), large residential care facilities.
o Low-Barrier Navigation Centers are not identified as a use in the City’s Development Code (State law required this use to be permitted by right).

Concord follows this State law, but the zoning code does not reflect it at this time.
o Requiring a Minor Use Permit for large residential care facilities. o Requiring covered parking for multifamily residential uses. o Subjective design standards throughout the City’s Development Code9. o Lack of clarity regarding review procedures for Minor and Major Hillside Development Permit.
o Water and sewer connection fees (identified as a possible constraint). 9 Under recent State law (SB 330), housing developments with two or more units cannot be denied based on subjective design standards. However, HCD is still requiring jurisdictions to amend their codes so that only objective standards are applied to housing developments. An effort to adopt objective design standards for Concord is already underway and has been included in Program 15 of the draft HEU.

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 Affirmatively Furthering Fair Housing Analysis (Appendix D):

The requirement for AFFH analysis was established by AB 686 in 2018. This bill requires “an assessment of fair housing practices, an analysis of the relationship between available sites and areas of high or low resources10, and concrete actions in the form of programs to affirmatively further fair housing.” Key findings of the HEU’s AFFH analysis are as follows:
o Disparities in access to housing opportunity can be seen for non-White households, which are more likely to be renters than Whites, due to renter households seeing higher rates of cost burden. This indicates that nonWhite households are disproportionately burdened by the cost of housing. o With the exception of areas to the southeast, overall “access to opportunity” as defined by the Tax Credit Allocation Committee (TCAC) is “low” to “moderate” in much of Concord (see Attachment 4 for map).11 This further constrains affordable housing development in Concord, as access to opportunity is a key criterion in how TCAC awards tax credits, which are a primary funding source for affordable housing projects. o Displacement is an increasing concern for City residents. Local knowledge identified through public outreach is that affordable housing is being converted to market-rate housing at a relatively high rate. Although data is not available, this may include units that have never been subject to a deed restriction and are therefore not monitored. Based on analysis from UC Berkeley’s Urban Displacement Project, those at risk of displacement are more likely to be non-White households, particularly those residing in the southwest area where patterns of overcrowding and concentrated poverty exist.

As noted earlier, AB 686 requires “meaningful actions” to address the fair housing issues in the community, and the previous draft HEU includes several programs intended to meet this requirement. As discussed in the Analysis section below, staff has recommended additional AFFH actions and enhancements to previously identified actions in order to address HCD’s comments on this topic.
 Sites Analysis (Appendix E):

The following discussion is based on the previous draft HEU and does not reflect changes to the sites inventory discussed in the Analysis section below. California Government Code Section 65583(a)(3) requires jurisdictions to prepare an inventory of sites or parcels adequate to meet their Regional Housing Needs Allocation (RHNA). The City’s draft Sites Analysis provides this inventory in table 10 See footnote 5.
11 See footnote 5.

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and map format. While many Bay Area jurisdictions are substantially built out and must rezone properties to create adequate capacity to meet their RHNA, Concord has adequate capacity not only to meet its RHNA without rezoning, but also to provide a “buffer” of 712 units (about 24.7 percent) for the lower- and moderate-income RHNA. Table 4 below summarizes the City’s capacity.

The sites inventory is required to designate sites that can meet the State’s criteria for lower-income and moderate-income projects. As discussed below, the current draft of the sites inventory incorporates community and HED Committee input by reducing the concentration of lower-income sites in the western portion of the City (in and near the Downtown and Monument Corridor).

Table 4: Identified Housing Capacity
Category LowerIncome
Moderateand Above
ModerateIncome
Total
Vacant Site
Capacity
807 294 1,101
Underutilized
Capacity
1,317 1,514 2,831
ADU
Projection
0 304 304
Pipeline
Projects12
426 840 1,266
Concord
Reuse
Project
0 13 300 300
Total
Capacity
2,550 3,252 5,802
RHNA 2,036 2,883 5,073
Buffer 712 (24.7%)14
As noted above, the draft sites inventory addressed community and HED Committee input regarding the concentration of lower-income sites in the western portion of the City (in and near the Downtown and Monument Corridor). Figures 1 and 2 show the previous and current maps for the entire City, and Figures 3 and 12 Pipeline projects includes projects that received Planning approval but are not anticipated to complete construction prior to June 30, 2022.
13 While a minimum of 25 percent affordable units is required for the Concord Reuse Project, no affordable units are assumed prior to 2031 to keep the HEU’s assumptions conservative. 14 Buffer units are not assigned to an income category. HCD’s recommendation for a 15-30% buffer does not apply for Above Moderate units since these are easier to produce.

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4 show previous and current maps for the Downtown and Monument Corridor areas. Lower-income sites are identified as green.

The previous sites inventory maximized the number of lower-income sites by identifying any sites that met the State’s criteria for lower-income housing as lower-income sites, even if they exceeded the City’s RHNA and the recommended 15-30 percent buffer. The lower-income criteria include a minimum density of 30 units per acre, and sites meeting this threshold tend to be located in the central and western portions of Concord. Consequently, the approach of maximizing lower-income sites resulted in a larger concentration of lower-income sites in this area.

The current sites inventory reduces the concentration of lower-income sites in several ways:
o Several large sites outside of the Downtown and Monument Corridor have been added, allowing lower-income sites in these areas to be removed.

The additional sites include the North Concord BART parking lot (776 units), the Terminal Shopping Center at 2699 Clayton Road (256 units), and the vacant site formerly occupied by Lin’s Buffet at 1400 Willow Pass Road (111 units).
o Several large sites in the Downtown have been added, allowing a greater number of smaller sites in the Downtown to be removed. The additional sites include the east parcel of the city-owned Oak Street site (180 units), and the “Hawaiian BBQ” site at 1680 Willow Pass Road (140 units).

Because these sites were not identified in previous Housing Elements, they will not be subject to the State law that requires “by right” approval for projects with 20 percent affordable units on previously identified housing element sites.
o Buffer sites (those sites that exceed the City’s RHNA) have been given a generic “buffer” designation rather than an income category, since State law does not require income designations for buffer sites.

While these changes have allowed a greater mix of income levels throughout the City, there are still no lower-income sites in the more affluent southern and eastern parts of Concord. Sites were not identified in the area because these areas have fewer vacant and underutilized properties or a higher improvement to land value ratio, and because such properties often do not meet the minimum density required by State law for lower-income sites. To increase geographic equity and opportunities for lower-income residents, the draft HEU includes a program to rezone areas not identified as “low resource” on the TCAC opportunity maps for higher densities (see HEU Section 1.5, Program 8).

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Figure 1. Previous Housing Sites Map
Figure 2. Current Housing Sites Map
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Figure 3. Previous Housing Sites Map (central area)
Figure 4. Current Housing Sites Map (central area)
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 Community Engagement Summary (Appendix F):

This document provides detailed information on the City’s efforts to gather public input for the draft HEU. See the “Community Engagement Process” section above for further discussion.
 Community Input and Council Actions on Displacement Since 2016 (Appendix G):

As discussed earlier, at the HED Committee meeting on February 28, 2022, community members provided input that previous testimony on displacement issues should be incorporated into the HEU process, and the HED Committee concurred with this request. To address the direction from the HED Committee, this appendix includes a detailed summary of public testimony received by the City Council since 2016, along with actions taken by the Council to increase tenant protections and reduce the risk of displacement.

Council Input on Draft HEU
On June 21, 2022, the City Council considered the above draft, received public comments, and directed staff to make the following revisions prior to submitting the HEU to HCD:
 To address concerns regarding neighborhood impacts from large residential care facilities, revise Program 2 (Addressing Constraints to Development) to maintain current discretionary permit requirements for such facilities.  To address concerns about lack of parking, remove multi-family parking reductions from Program 16, and limit reductions for religious institutions to the minimum required by State law.
 To address concerns regarding displacement, evaluate best practices and report back to Council regarding a potential Tenant Opportunity to Purchase Act (TOPA) and Community Opportunity to Purchase Act (COPA). This was added to the current draft HEU as Objective 10.4.
 To address concerns regarding conversion of dwelling units to short-term rentals (e.g. Airbnb’s), evaluate best practices and report Council regarding a potential ordinance to regulate such conversions. This was added to the current draft HEU as Program 24.
 Revise Program 20 (Tenant Protections) to accelerate the timeline for outreach regarding the City’s new tenant anti-harassment ordinance.  Add a summary of all tenant protection and housing programs and services provided by the City in the past several years. This was added as Section 1.5 of the current draft HEU.
 Include additional actions (such as working with regional partners) to advocate for funding and legislation that will address the needs of the unsheltered and

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construction of affordable housing. This was included in Program 25 of the revised draft HEU.

The Council also discussed whether a program regarding rent control and just cause eviction should be added to the HEU. A majority of the Council did not support this change.

Analysis
HCD Comments and Proposed Revisions
HCD’s November 14, 2022, letter provides 63 individual comments, which have been categorized based on various topics and sections of the HEU. Attachment 3 provides a matrix with a brief summary of HCD’s comments and staff’s proposed responses. Cells highlighted yellow will require additional programs and policies, which are discussed below to address HCD’s comments 51 of these comments are categorized as “minor,” while the remaining eleven comments are described as “major.” “Minor” comments are those that do not require any new policies or programs from the draft HEU previously reviewed by Council and can be addressed through minor revisions or clarifications. “Major” comments, discussed below and highlighted in yellow in Attachment 3, are those that will require new or substantially revised programs. The comment numbers and titles below correspond to the HCD letter and Attachment 3.

Many of HCD’s comments request further analysis and indicate that the City may need to add new or revised programs based on that analysis. Based on the project team’s experience working with HCD, such comments are rarely addressed through analysis alone, and typically require new, revised, or enhanced programs. Accordingly, the project team has developed the following proposed revisions to address HCD’s underlying policy concerns and will increase the likelihood that HCD will certify the adopted HEU. However, in order to provide the Council with options, the project team has also developed alternate revisions, where possible. These alternate revisions may either not be adequate for HCD certification or were not supported by the majority of the Council in June 2022, the last time the Council provided direction on the draft HEU.

However, the Council may want to revisit these policies in response to HCD’s and the public’s comments in order to obtain certification of the HEU.

HCD’s comments and the proposed program revisions have been categorized by topic (e.g. AFFH, governmental constraints), and the recommended new programs and/or program revisions are designed to address those specific topics and comments.

Therefore, program substitutions from one area into another area may not appropriately address HCD’s concerns. For example, a program that addresses affirmatively furthering fair housing cannot be substituted with a program addressing governmental constraints.

A discussion of the consequences of delaying HCD certification is provided in the next section.

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 A.1 – Affirmatively Further Fair Housing
 HCD Comment #6 – Local Data and Knowledge and Other Relevant Factors15
Summary: This comment states: “The element should complement federal, state, and regional data with local data and knowledge where appropriate to capture emerging trends and issues, including utilizing knowledge from local and regional advocates, public comments, and service providers.” The opening portion of HCD’s letter also states that “the City should continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly available and considering and incorporating comments where appropriate.”16 HCD’s letter also notes that HCD considered comments from several affordable housing advocates that submitted letters on the draft HEU.

Discussion: Government Code Section 65583(c)(10)(A)(ii) requires that the HEU’s AFFH analysis include the “local data and knowledge” cited above, including “racially and or ethnically concentrated areas of poverty and affluence, disparities in access to opportunity, and disproportionate housing needs, including displacement risk.” According to one of the advocate letters HCD considered, “54 out of 65 of the individuals or organizations who submitted comments on the Draft (83%) called for more robust tenant protections, including rent stabilization and just cause eviction policies”, and “63% of commenters and 64% of comments [at public hearings on tenant protections prior to the HEU process] were in favor of tenant protections”.17
Based on the above HCD comments, State law, and the preponderance of public comments in favor of additional tenant protections and other revisions described below, it is highly unlikely that HCD will certify the City’s HEU if it does not substantially address these comments.

Proposed Program Revisions: This is a general comment to provide the context and framework of how HCD is considering engagement and public participation throughout the HEU process. While no proposed program revisions are directly related to this comment, this comment informed and directed the recommendations contained below.
15 HCD, November 14, 2022, Appendix, p. 2.
16 HCD, November 14, 2022, Cover letter, p. 2.
17 Raise the Roof Coalition, August 12, 2022.

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 HCD Comment #4 – RECAP (Racially/Ethnically Concentrated Area of Poverty)18
Summary: This comment pertains to a portion of the Monument Corridor (shown in Figure 5 below) which the draft HEU identified as a RECAP based on the most recent federal definition and maps.19 As discussed below, this area no longer qualifies but HCD still requires analysis of previously identified RECAPs. The comment requests further analysis of “quality of life conditions” (e.g., housing, infrastructure, parks, etc.) and “the effectiveness or absence of past strategies related to [creating an] equitable quality of life.”
Figure 5. Monument Corridor RECAP Boundary
Discussion: As noted above, the area in Figure 5 no longer qualifies as a RECAP using HUD’s current definition and the most recent Census data.

This area continues to exhibit substantial racial segregation and poverty, 18 HCD, November 14, 2022, Appendix, p. 1.
19 The U.S. Department of Housing and Urban Development (HUD) defines “racially or ethnically concentrated areas of poverty” as “geographic area[s] with significant concentrations of poverty and minority concentrations.” Per current HUD guidelines, this designation applies to Census tracts with a non-White population of 50 percent or greater, and a poverty rate exceeding 40 percent or three times the overall poverty rate, whichever is lower. See HUD’s “AFFH Rule Guidebook”, December 31, 2015 for further details. HUD last published RECAP maps in 2018, prior to the 2020 Census.

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even if income levels have risen above the RECAP poverty threshold.

Public testimony states that gentrification may be contributing to this change, which raises displacement concerns for HCD. Furthermore, the HEU identifies significant racial and economic disparities throughout Concord, as shown in the TCAC Opportunity Maps (Attachment 4). State AFFH laws require agencies to address such disparities in their HEU programs, including through “Place Based Investments” that target new investment toward low-resource areas.

For these reasons, staff believes that the underlying thrust of HCD’s comment on the RECAP would still apply to the low-resource segregated areas of Concord even if no RECAP analysis were required, and staff is recommending additional programs to respond to HCD’s comments on this issue (see below).

Data from the City’s Capital Improvement Plans (CIPs) since 2016 indicate that public investments in recent years have generally been evenly distributed across the City and have not favored affluent areas over lower-income ones. Data also indicate that City parks (including Cambridge Park in the RECAP) are all in good condition, and that average pavement conditions Citywide have no correlation to neighborhood income level. Based on these data, the level of public investment in infrastructure and amenities is likely not a major factor in perpetuating Concord’s RECAP.

Based on HCD’s AFFH guidance and comments on the draft HEU, staff believes that additional targeted investment and the implementation of place-based strategies in the City’s low-resource areas, including this former RECAP area, will be necessary to obtain HCD certification.

Proposed Program Revisions: The HEU will be updated to note that Concord would not have a RECAP using the most recent Census data. As part of the AFFH analysis in Appendix D, the project team will include additional information on the existing conditions of the former RECAP area. Staff also recommends the following new programs to address these disparities (see under HCD Comment #7 for additional programs targeted toward higher resource areas):
 Continue the City’s practice of investing at least 50 percent of its capital improvement budget in the City’s low-resource areas (as shown on TCAC Opportunity Maps) during the first half of the sixth cycle (2023-2027). In addition to this baseline amount, complete a project of at least one million dollars in one of these areas (with priority given to areas of high racial and economic segregation),

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with a focus on improving safety and mobility (e.g., bikeways, pedestrian improvements, pavement rehabilitation, and safe routes to schools).
 Conduct targeted outreach to inform residents of the City’s lowresource areas (with priority given to areas of high racial and economic segregation) regarding available social services, programs, and available funding.
 Commit at least 20 percent of the Cannabis Community Benefit Fund to the City’s low-resource areas (with priority given to areas of high racial and economic segregation), and identify qualifying projects (e.g. workforce development, small business assistance, improving quality of life and economic opportunity, and public improvements, etc.) which would be informed by a community outreach process.
 Consult with local businesses20 in the Monument Corridor to spend $150,000 in settlement funds to advance small business
development and economic vitality in the Monument Corridor.  Seek project partners, and if successful in doing so, apply for State Project Homekey funds for acquisition and rehabilitation of an atrisk apartment building and/or a “nuisance” motel in or near the RECAP, or other areas in the City, for permanently affordable housing.
 Add a program to conduct targeted outreach to residents of lowresource, racially and economic segregated areas regarding their right to use Housing Choice (i.e. Section 8) Vouchers (HCVs) in any area of Concord. Conduct outreach to owners of rental properties in moderate- to highest-resource areas of Concord regarding their obligation to accept HCVs from qualifying applicants. This program would include notification regarding protection for HCVs in Senate Bill (SB) 9 and ADU application materials.
20 These “local businesses” are those named in the Settlement Agreement with Cardenas.

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 HCD Comment #7 – Identified Sites and AFFH21
Summary: This comment requests further analysis to demonstrate the City’s sites inventory will meet the State’s AFFH mandate, which includes “taking meaningful actions … that overcome patterns of segregation and foster inclusive communities.”22 The comment requests analysis of “any isolation of the RHNA by income group and whether the distribution of sites improves or exacerbates conditions. If sites exacerbate conditions, the element should identify further program actions that will be taken to mitigate this (e.g., anti-displacement strategies).”
Other Related HCD Comments: #3, #5, and #58
Discussion: This comment aligns with numerous public comments regarding the lack of lower-income housing opportunities in the more affluent areas of the City, as well as potential displacement impacts from the construction of moderate- and above-moderate income housing in the lower-resource areas of the City. As noted earlier, Program 8 of the draft HEU already commits the City to rezoning properties outside of Concord’s lower-resource areas by 2026. However, this program needs to be modified with more robust and concrete goals to satisfy this comment and obtain HCD certification. Staff also believes that HCD will ultimately require additional anti-displacement measures to address continued economic pressures on lower-income tenants, which are driven in part by increasing rents, a lack of affordable housing, and construction of moderate- and above-moderate income housing in the immediate vicinity.

Proposed Program Revisions: The HEU project team will add further analysis regarding this issue. Staff also recommends the following program revisions:
 Revise the rezoning program in Program 8 (Objective 8.6) that addresses housing opportunities in higher resource areas as follows:
o Add objective metrics of 20 acres, 60 units per acre, and at least 1,000 total units on sites meeting the State’s criteria for lower-income RHNA sites.
o Directly target the City’s most racially and economically segregated higher-resource areas for this rezoning, using not only Tax Credit Allocation Committee resource areas, 21 HCD, November 14, 2022, Appendix, p. 2.
22 HCD AFFH Guidance, April 2021, p. 9.

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but also other segregation indices such as the Equity Atlas23 and the State’s Racially Concentrated Areas of Affluence (see maps in Attachment 9). Seek community input
regarding this effort.
o Accelerate timeline for completion of rezoning to 2024 rather than 2026. This change will require delaying code
amendments to implement SB 9 and SB 35; however, the
City is already following these State statutes without a local ordinance, and would continue to do so.
o Within six months following the completion of rezoning, work with property owners to proactively identify prime sites, notify affordable housing developers of these sites, and provide technical assistance and priority processing for affordable projects without adding an additional “priority processing” charge. Include site information in the Affordable Housing Toolkit (Program 3).
 Revise Program 9 (Middle Housing) to specify that an ADU and a JADU will be allowed in addition to the two conventional dwelling units provided for by SB 9 within a single-family residential district, potentially allowing up to eight units to be created on a single-family zoned property.24
 Revise Objective 10.4 (evaluation of TOPA/COPA programs) to include consideration of potential funding sources, through identification of partner organizations/agencies, to facilitate lowerincome tenants’ usage of this program, if adopted. 23 PolicyLink/USC Equity Research Institute, National Equity Atlas, www.nationalequityatlas.org. 24 With the passage of SB 9, which provides for construction of two residential units per lot, State law requires cities to allow up to four total units, which could include primary residential units, accessory dwelling units (ADUs), and/or junior accessory dwelling units (JADUs) on a single-family residential zoned lot. SB 9 also allows for ministerial lot splits of a single-family residential zoned lot; however, a jurisdiction processing a qualifying SB 9 lot split is not required to allow more than two total units (primary, ADU, or JADU) per lot subdivided using SB 9. While some cities have adopted SB 9 implementing ordinances to enforce this limitation authorized by Government Code section 66411.7(j), SB 9 provides cities the flexibility to allow up to four total units (two primary residential, one ADU, and one JADU) on each SB 9 subdivided lot by allowing SB 9 lots splits to be used in combination with the other provisions of SB 9 as well as ADU and JADU laws. Adopting a more expansive utilization of SB 9 could increase the number of allowed units on a single-family residential zoned (potentially lot up to eight total units (four on each SB 9 subdivided lot) where only three total units were allowed pre-SB 9. The implementation of this project would provide increased opportunities to affirmatively further fair housing by increasing the density and additional housing opportunities in single-family residential districts.

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 Pursue additional funding for preservation and production of affordable housing, including, but not limited to:
o Annual applications to available State and regional funding programs (see Objectives 8.4 and 8.5).
o Place an initiative on the ballot in November 2024 for a local tax measure to provide a consistent funding source to
augment the City’s Affordable Housing Trust Fund for.
 Develop regulations to allow deed-restricted affordable cottages/tiny homes on religious properties by 2024.

Alternate Program Revisions:
 Adopt a rent stabilization ordinance exceeding the tenant protections of State law (AB 1482) by 2024.
 Adopt a just cause eviction ordinance by 2024.
 Increase densities in proximity to transit stops along Clayton Road to 50-75 dwelling units per acre (DUA), rather than simply meeting the minimum of 30 DUA to satisfy State criteria for lower-income sites.
 A.3 – Sites Inventory
 HCD Comment #27 – Zoning for a Variety of Housing Types:

Emergency Shelters25
Summary: This comment requests additional analysis to demonstrate that the City’s emergency shelter regulations and development standards are not a constraint on the development of such shelters. The focus of the comment is on distancing and proximity to transit requirements as well as to clarify that shelters are allowed by right. The comment states that the HEU “must analyze distancing requirements for emergency shelters such as distance from schools, libraries, residential zones and requirements that emergency shelters must be located on transit routes, and the various facility requirements.” The comment further states that the HEU “must clarify if emergency shelters are allowed by right (without discretion) in the 25 “Emergency shelters” means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. This includes facilities that provide temporary housing, meals, showers, and other related services to persons who are homeless and where on-site supervision is provided whenever the shelter is occupied, operated by a public or nonprofit agency. Specialized programs and services related to the needs of the residents may also be provided.

This classification does not include emergency shelters set up for disaster relief which are allowed in any zoning district or group homes that provide accommodations for a longer term.

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identified zones i.e., OBP [Office Business Park], IBP [Industrial Business Park], and IMX [Industrial Mixed-Use].”
Discussion: Under Program 22, the draft HEU already commits to amending the Development Code to clarify that emergency shelters are not subject to the Design and Site Review process, to ensure a by-right process in conformance with AB 139. However, as discussed above regarding HCD’s overall approach, their request for additional analysis indicates they will be seeking an additional program to simplify the City’s emergency shelter regulations.

It should also be noted that the State recently adopted new requirements for emergency shelters under AB 2339. As discussed further in Attachment 10, these requirements include that zoning districts allowing shelters without a discretionary permit must allow residential uses, and that agencies must provide additional analysis of potential shelter sites.

These new requirements would only apply to drafts of the City’s HEU that are submitted to HCD on or after April 1, 2023. However, the City would still have the option to comply with these requirements when implementing the emergency shelter amendments already proposed in the HEU.

Proposed Program Revisions: The HEU project team will add further analysis regarding this issue. Staff also recommends the following program addition:
 Amend and simplify the emergency shelter regulations, including distancing and transit access requirements, maximum bed count, and other facility requirements.
 A.4 – Government Constraints
 HCD Comment #33 – Local Processing and Permit Procedures26 Summary: The City’s Development Code requires a Use Permit for multifamily housing in the Commercial Office (CO), Commercial Mixed Use (CMX), Downtown Mixed Use (DMX), Downtown Pedestrian (PD), and Neighborhood Commercial (NC) districts (see zoning map in Attachment 9). This comment asks the City to identify the required findings in these districts and “address impacts on housing cost, supply, timing and approval certainty.” Notably, the comment further states that “subjecting multifamily housing to [a Use Permit] in zones where multifamily housing is already allowed is generally considered a constraint.” 26 HCD, November 14, 2022, Appendix, p. 7.

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Other Related HCD Comments: #32
Discussion: Because the comment already indicates that HCD considers the Use Permit requirement to be a constraint, it is likely that the City will need to modify this requirement to obtain certification of the HEU. The existing Use Permit requirement allows the City the opportunity to ensure there are a blend of uses, including adequate commercial space to promote active street frontages and economic vitality. Staff recommends this issue be addressed through the code amendments listed below.

Proposed Program Revisions: The HEU project team will add further discussion regarding the Use Permit findings for multi-family housing in commercial districts. Staff also recommends the following program revision:
 Amend the Development Code to allow multi-family housing by right in the CO, CMX, DMX, DP, and NC districts when objective standards are met. Develop minimum standards for commercial space in these districts (including for mixed-use projects), with an exception process for non-compliant projects.
 HCD Comment #34 – Design Review27
Summary: “Analyze the [Design Review] approval timelines, procedures and decision-making criteria for potential constraints on housing supply, affordability, and timing. Demonstrate this process is not a constraint or include a program to address, as appropriate.”
Other Related HCD Comments: #32
Discussion: This is a frequent comment from HCD and usually culminates in a requirement to eliminate discretionary Design Review procedures for multi-family housing developments. The City is already developing objective design standards for such projects, which would facilitate a ministerial Design Review process.

Proposed Program Revisions: The HEU project team will add further discussion regarding the City’s Design Review process. Staff also recommends the following program revision:
27 HCD, November 14, 2022, Appendix, p. 7.

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 Amend the Development Code’s Design and Site Review
procedures to require staff-level ministerial review for multi-family housing projects, utilizing only objective design standards.  HCD Comment #40 – Housing for Persons with Disabilities: Group Housing Parking28
Summary: Group housing is “a facility that provides shared living quarters with shared kitchen and bathroom facilities,” such as rooming and boardinghouses and dormitories. The Development Code requires one parking space per bed or bedroom for a group housing project, and two to four spaces for single-family dwellings, depending on the number of bedrooms. Group housing projects must also provide guest parking, which is not required for single-family dwellings.

HCD’s comment states that the above parking “requirements are a constraint on providing housing for persons with disabilities and requires [sic] more parking spaces than other similar uses in these zones (i.e., single family residences). The element must analyze this requirement and include a program to address the constraint.”
Other Related HCD Comments: #32
Discussion: This housing type is an important source of affordable housing, particularly for persons with disabilities. Because the comment already indicates that HCD considers the current parking requirement to be a constraint, it is likely that the City will need to modify this requirement to obtain certification of the HEU.

Proposed Program Revisions: The HEU project team will add further discussion regarding the group housing parking requirement. Staff also recommends the following program revision:
 Amend the Development Code to reduce the amount of parking required for group housing uses.
 HCD Comment #41 – Housing for Persons with Disabilities: Group Homes/Residential Care Facilities29
Summary: Large Residential Care Facilities (a.k.a. “group homes”) are single-family dwellings licensed by a federal or state agency to provide 24- hour nonmedical care, supervision etc. to seven or more unrelated adults 28 HCD, November 14, 2022, Appendix, p. 8.
29 HCD, November 14, 2022, Appendix, p. 8.