Concord City Council
April 11, 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
Tuesday,
April 11, 2023
5:00 p.m. - Closed Session
6:30 p.m. - Open Session
Closed Session:

City Council
Conference Room
1950 Parkside Drive
Open Session:

Council Chamber
1950 Parkside Drive
and/or Various
telephonic/electronic
locations
*IMPORTANT NOTICE ABOUT PUBLIC COMMENTS AND MEETING PARTICIPATION* UPDATED MARCH 2, 2023
Members of the public are invited to attend and participate at: Council Chamber, 1950 Parkside Drive, Concord, CA.

As a courtesy and technology permitting, members of the public may continue to provide live remote oral public comment via the City’s Zoom Platform. However, the City cannot guarantee that the public’s access to teleconferencing technology will be uninterrupted, and technical difficulties may occur from time to time. In those instances, so long as the public may still attend the meeting in person, the meeting will continue. Members of the public desiring to provide comments as a part of the meeting are encouraged to either submit written comments by 3:00 p.m. prior to the meeting or to attend the meeting in person.

AMENDED AGENDA AND
AMENDED AGENDA ITEM NO. 9.F STAFF REPORT
Changes in strikeout and highlighted font.
2 NOTICE: The Closed Session portion of the meeting agenda will be held in person only in the City Council Conference Room,
1950 Parkside Drive. Public Comment for the Closed Session item will be taken in person only when the Closed Session begins at 5:00 p.m.

HOW TO PARTICIPATE
The public is invited to participate in the City Council meeting using any of the following methods:

1. IN PERSON:
a. Members of the public can provide in-person comments in the Council Chamber.

Members of the public are encouraged, but not required, to fill out a speaker card. The Council Chamber will have seating available for members of the public to attend in person up to full seating capacity.

2. REMOTE:
a. Zoom:
https://cityofconcord.zoom.us/j/83324438637?pwd=U0htdUNMUlNjRjlHTHo0cEpnVXRO dz09 or Zoom Webinar ID: 833 2443 8637 and Passcode: 157718 b. Zoom Phone Numbers. Dial Toll Free: (669) 900-6833 or (346) 348-7799 or (253) 215- 8782.
c. During the meeting, each period for public comment will be announced, and participants may use the “Raise Hand” feature on Zoom to request to speak. If calling in via Zoom use *9 to raise and lower your hand. The meeting host will call on you, by name, and promote you to panelist in the webinar so you can be seen via your camera. Please enable your microphone when it is your turn to speak. In order to ensure the orderly administration of the meeting using this method, providing your name is encouraged, but is not required. (If you need instructions on how to use this feature, please contact the City Clerk by 3:00 p.m. of the meeting date at [email protected]).

3. EMAIL:
a. Public comments can also be submitted via email to [email protected]. Please note that emailed comments will not be read aloud by staff. Any public comments received up until 3:00 p.m. of the meeting date will be:

1. distributed to the Council before the meeting,

2. posted online for public inspection at
https://stream.ci.concord.ca.us/OnBaseAgendaOnline/Meetings/Search, and

3. inserted into the meeting record.
b. As emails containing public meeting comments are part of the official record, note that personal contact information may be published if it is included with your email. 3 4. TO WATCH OR LISTEN ONLY:
a. Watch on TV on Comcast Channel 28, Astound/Wave Channel 1026, and AT&T U-verse Channel 99
b. Watch the TV broadcast through the City’s website by following THIS LINK c. Watching Live Streaming of the meeting by following THIS LINK d. Join the Zoom webinar by following THIS LINK

CLOSED SESSION

1. OPENING
Roll Call

2. PUBLIC COMMENT
The public is entitled to address the City Council on items appearing on the Closed Session Calendar before or during the City Council’s consideration. Public Comment Each speaker will be limited to approximately three minutes. Please see “How to Participate” above.

3. CLOSED SESSION
a. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code)
Name of case: Stephen Burke v. City of Concord; Contra Costa County Superior Court Case No. MSC22-00150.
b. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54957.6
Agency designated representatives: Valerie Barone, City Manager; Jasmin Loi, Director of Human Resources; Karan Reid, Director of Finance; James Peavey, Human Resources Manager; Lisa Charbonneau, Esq., Liebert Cassidy Whitmore
Employee organizations: Administrative, Technical & Clerical Representation Unit and Field & Operations Representation Unit of International Brotherhood of Teamsters Local 856; Professional Representation Unit of OPEIU Local 29

4. RECESS TO OPEN SESSION
4 OPEN SESSION

5. OPENING
Roll Call – Announcements/Consideration and Approval of Requests by Councilmembers to Participate Remotely Pursuant to AB 2449 Pledge of Allegiance – Vice Mayor Birsan

6. 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 Participate” above.

7. PRESENTATIONS
a. Presentation – from Congressman Mark DeSaulnier (CA-10) presenting the City of Concord federal funding he secured for a traffic and pedestrian safety and accessibility project. Introduction by Mayor Hoffmeister. b. Presentation – from Suzanne Tavano, Ph.D., Contra Costa Health Services Director of Behavioral Services, on the Oak Grove Behavioral Health Campus located at 1034 Oak Grove Road. Introduction by Mayor Hoffmeister.

8. ANNOUNCEMENT
a. Announcing – openings on Concord's Commission on Aging; Community Services Commission; Concord/Pleasant Hill Health Care District Grant Committee; and Parks, Recreation and Open Space Commission; and setting a deadline of Friday, May 12, 2023, at 5 p.m. for applications to be due to the City Clerk. Report by Joelle Fockler, City Clerk.

9. CITY COUNCIL/CITY COUNCIL SITTING AS THE LOCAL REUSE AUTHORITY (LRA) 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 Participate” above. 5 CITY COUNCIL CONSENT CALENDAR
a. Considering – approval of the minutes from the January 28 and February 7, 2023, meetings. Recommended by the City Clerk.
b. Considering – the following for Meadow Lane/Market Street Paving (Project No. 2582), on Meadow Lane from Monument Boulevard to Market Street, and on Market Street from Meadow Lane to Willow Pass Road:

1. Award of a Construction Contract in the amount of $3,977,859.50 to Ghilotti Bros., Inc. and authorizing staff to utilize the available project contingency for contract change orders that become necessary up to 10% of the contract amount; and authorizing the Mayor to execute the contract in a form acceptable to the City Attorney. (Measure V and American Rescue Plan Act Funds)

2. Authorizing the City Engineer to accept the improvements upon completion of Project No. 2582, and directing the City Clerk to file a Notice of Completion. Recommended by the Director of Community Development.

CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(2), 15061(b)(3), 15273, 15378, 15301, 15302, 15303, 15304, and/or Public Resources Code Section 21065.
c. Considering – approval of a Professional Services Agreement with Pavement Engineering Inc. in the not-to-exceed amount of $158,812.50 (base agreement of $144,375 plus Staff authority to spend up to a 10% contingency of $14,437.50) for design engineering and related services for Citywide Arterial and Collector Maintenance No. 3 (Project No. 2616), on Landana Drive from Concord Boulevard to Willow Pass Road, Farm Bureau Road from Willow Pass Road to Wren Avenue, and Laguna Street from Detroit to Galindo Street; and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney (Measure V Funds).

Recommended by the Director of Community Development.

CEQA: Not a project/exempt per Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c)(2), 15378 and/or 15061(b)(3). d. Considering – adoption of a Resolution Authorizing the Designation of Applicant Agent Resolution to the California Governor’s Office of Emergency Services (Cal OES). Recommended by the Chief of Police. e. Considering – approval of a five-year License Agreement with Markham Regional Arboretum Society for the purpose of planning, funding, and implementing improvement and maintenance projects and community gardens in coordination with the City; and authorizing the City Manager to sign the agreement in a form acceptable to the City Attorney. Recommended by the Assistant City Manager.
6 CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(2), 15061(b)(3), 15301 – Existing Facilities, 15302 – Replacement or Reconstruction, 15303 – New Construction and Small Structures, 15304 – Minor Alterations to Land, 15305 – Minor Alterations in Land Use Limitations, 15323 – Normal Operations of Facilities for Public Gatherings, 15327 – Leasing New Facilities, and/or Public Resources Code Section 21065. f. Considering – the following for the Pavement Maintenance Zone 5J Project (Project No. 2526), generally on the Overhill Neighborhood, north of Solano Way, east of Grant Street, and south of Hillcrest Community Park:

1. Award of a construction contract in the amount $2,922,387 to Radius Earthwork, Inc.; authorizing Staff to utilize the available project contingency for contract change orders that become necessary up to 10% of the contract amount; and authorizing the Mayor to execute the contract in a form acceptable to the City Attorney.

2. Approval of a Professional Services Agreement with Zoon Engineering MNS Engineers, Inc. in the not-to-exceed amount of $346,453.49 (base agreement of $314,957.72 plus staff authority to spend up to a 10% contingency of $31,495.77) to provide construction management, inspection, and materials testing; and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney.

3. Approval of budget transfers in the total amount of $350,000 to Project No. 2526; including $250,000 from PJ 2444 (Pavement Maintenance Zone 4, Fund 260), and $100,000 from PJ 2556 (Pothole and Base Repair #2 Project, Fund 407).

4. Authorizing the City Engineer to accept the improvements, upon completion of Project No. 2526, and directing the City Clerk to file a Notice of Completion.
(Funded by Measure V – Funds 407 & 490, and State Gas Tax - Fund 260) Recommended by the Director of Community Development.

CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(2), 15061(b)(3), 15273, 15378, 15301, 15302, 15303, 15304, and/or Public Resources Code Section 21065.

CITY COUNCIL/LOCAL REUSE AUTHORITY CONSENT CALENDAR
g. Considering – an amendment to the Professional Services Agreement (PSA) with Burke, Williams & Sorenson, LLP in the amount of $148,274.94 for work completed in responding to a Public Records Act request regarding the Master Developer Selection process at the former Concord Naval Weapons Station and work to draft a new Request for Qualifications with associated documents for future Master Developer Selection establishing a new total not- 7 to-exceed amount of $208,274.94; and authorizing the City Attorney to execute the amendment. (Original contract $60,000 from Exclusive Negotiating Agreement (ENA) Deposit to the LRA by Concord First Partners, LLC; this amendment $148,274.94 from LRA Loan Reserve (General Fund).

Recommended by the Director of Economic Development and Base Reuse.

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

10. 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 Participate” above.
a. Study Session – considering the following:

1. An update on the preparation of the City’s Objective Design Standards (ODS) document;

2. An overview of the draft standards and diagrams for the five sections:

Citywide, Downtown, Neighborhoods, Corridors, and Special Case/Infill areas; and

3. Providing feedback on the administrative draft Objective Design Standards, for incorporation into the final draft Objective Design Standards. Report by Joan Ryan, Principal Planner.

CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c)(2), 15378, and/or 15061(b)(3). b. Considering – adoption of a Resolution accepting the Concord Police Department Military Equipment Report for 2022 and Inventory for 2023, determining to continue Ordinance 22-6 and Concord Police Department Policy 706: Military Equipment, and determining that each type of military equipment identified in that report has complied with the standards for approval pursuant to Ordinance 22-6 and AB 481. Report by Kevin Halm, Provisional Lieutenant.

CEQA: Not a “project” under Public Resources Code Section 21065, Guidelines Sections 15060(c)(2) and/or 15378; in the alternative, is exempt under Guidelines Sections 15061(b)(3).

11. CITY COUNCIL PUBLIC HEARING
Persons who wish to speak on Public Hearings listed on the agenda will be heard when the public hearing is opened, except on public hearing items previously heard and closed to public comment.

After the public has commented, the item is closed to further public comment and brought to the Council level for discussion and action. Further comment from the audience will not be received unless requested by the Council. No public hearing shall commence after 10 p.m. unless approved by majority vote of the City Council. Please see “How to Participate” above. 8 a. Considering – the following actions:

1. Adoption of a Resolution approving an Administrative Permit, Minor Exception, and Design and Site Review for a cannabis microbusiness with storefront retail for Infinity Assets Concord LLC (dba “Cookies”) at 5121 Port Chicago Highway, APN 159-040-037 (PL22021 – AP, ME, DR, DA); and

2. Introduction of an Ordinance approving and adopting a Development Agreement by and between the City of Concord and Infinity Assets Concord LLC (dba “Cookies”) regarding the development of property located at 5121 Port Chicago Highway; APN 159-040-037 (PL22021 – AP, ME, DR, DA) by reading of the title only and waiving further reading. Report by Michael Hart, Associate Planner.

CEQA: Categorically exempt pursuant to CEQA Guidelines Sections 15301, 15302, 15303, 15304, and/or 15305.

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

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

14. ADJOURNMENT
Next Meeting: Regular Meeting
Date: 4/25/2023 6:30 PM

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

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

Oak Grove Wellness Campus
Concord City Council Meeting
April 11, 2023

7.b

Oak Grove Wellness Campus- Aerial View

Oak Grove Wellness Campus- Neighborhood View

Oak Grove Wellness Campus

Oak Grove Wellness Campus
Non-Emergency Behavioral Health
Supports:
• Care on Demand – Rapid screening, care and
connection to follow-up behavioral health services
(same day appointments and walk-in accepted)
• Peer Respite – Safe and welcoming place for people to receive support from trained peer staff who have lived
experience working toward their personal wellness (by
appointment only)
• Hours of operation – 9 a.m. – 7 p.m. daily

Oak Grove Wellness Campus
A3 Miles Hall Crisis Call Center:
• Clinicians receive and triage calls
• Mobile response teams are dispatched when needed
• Location of mobile response teams for Central County
• Hours of operation – 8 a.m.– 12:30 a.m.

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

Providing hope…

THANK YOU

Staff Report
Date: April 11, 2023
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Joelle Fockler, MMC, City Clerk
Prepared by: Stefanie Ananthan, Deputy City Clerk
[email protected]
(925) 671-3085
Subject: Announcing openings on Concord's Commission on Aging; Community Services Commission; Concord/Pleasant Hill
Health Care District Grant Committee; and Parks, Recreation and Open Space Commission; and setting a deadline of
Friday, May 12, 2023, at 5 p.m. for applications to be due to the City Clerk.

Report in Brief
In accordance with Policy and Procedure No. 89, this announcement initiates a recruitment to fill positions for the Commission on Aging, Community Services Commission, Concord/Pleasant Hill Health Care District Grant Committee, and Parks, Recreation and Open Space Commission. Members with expiring terms shall continue to serve until their successor is appointed pursuant to the Concord Municipal Code. All incumbents may apply for reappointment.

If any seated incumbent does not submit an application by the application deadline, the application period will extend by five (5) working days, and the extended submittal deadline of May 19, 2023 will be posted on the City’s website.

Applications will be available on the City’s website beginning Wednesday, April 12, 2023.

8.a

City Council Agenda Report
Agenda Item No. 8.a
April 11, 2023
Recommended Action
Announce openings on the following boards, commissions, and committees, and set a deadline of Friday, May 12, 2023, at 5:00 p.m. for applications to be due to the City Clerk.

Boards, Commissions, and Committees
 Commission on Aging
 Community Services Commission
 Concord/Pleasant Hill Health Care District Grant Committee  Parks, Recreation and Open Space Commission
Background
The Commission on Aging is made up of up to eleven (11) members serving four (4) year terms. Members must be a resident of Concord holding no other municipal office in the City of Concord. At least 51% of the members shall be over the age of 60. Examples of duties include: identify, improve, and develop services and opportunities for senior citizens in Concord; act as a resource to all City boards and commissions on issues affecting seniors; serve on the Contra Costa Advisory Council of Aging subcommittees to identify the unmet needs of senior citizens and evaluate the effectiveness of existing programs and laws; develop an annual work program, and establishing short- and longterm goals in order of priority.

Current members/terms overview
Members Term Expires
David Afinowicz June 30, 2023
Les Casazza June 30, 2023
Vacant June 30, 2023
Vacant June 30, 2023
Vacant June 30, 2023
Carlos Balladares June 30, 2025
Janice Cameron June 30, 2025
Marilyn Fowler June 30, 2025
Ben Hornstein June 30, 2025
Tjiuk Kurniadi June 30, 2025
Melvin Lee June 30, 2025

City Council Agenda Report
Agenda Item No. 8.a
April 11, 2023
Vacancy
The Commission is seeking five (5) individuals willing to serve four-year terms ending June 30, 2027.

The Community Services Commission may consist of up to seven (7) members serving four (4) year terms. Members are required to identify housing, neighborhood and social needs within the community and review funding requests, advise the City Council on the allocation of General Fund monies for human services and the expenditure of Federal Community Development Block Grant monies for programs and projects, and monitor the performance of funded programs. All members must be residents of Concord or of Concord's sphere of influence who hold no other municipal office in the City of Concord and shall be representative of the general public and the religious, racial, age, sex, disabled and ethnic groups in the City of Concord.

The City's Conflict of Interest Code requires the Community Services Commission members to complete a Conflict of Interest Form 700. Filings are required within 30 days of assuming office and on an annual basis.

Current members/terms overview
Members Term Expires
Colleen Awad June 30, 2023
David Miller June 30, 2023
Paul Wood June 30, 2023
Robert Ferrier June 30, 2025
Lauren Hendrickson June 30, 2025
Ajit Kaushal June 30, 2025
Stephen Sticka June 30, 2025
Vacancy
The Commission is seeking three (3) individuals willing to serve four-year terms ending June 30, 2027.

The Concord-Pleasant Hill Health Care District Grant Committee may consist of up to five (5) members serving four (4) year terms. Members are required to review funding requests and advise the City Council on the allocation of Concord-Pleasant Hill Health Care District funds. All members must be residents of Concord who hold no other office in the City and shall be representative of the general public and the religious, racial, age, gender, disabled and ethnic groups in the City.

City Council Agenda Report
Agenda Item No. 8.a
April 11, 2023
Current members/terms overview
Members Term Expires
Luz E. Palomera Sierra June 30, 2023
Mike Tiktinsky June 30, 2023
Michael Handlin June 30, 2025
Lori Thompson June 30, 2025
Evangeline Ward June 30, 2025
Vacancy
The Committee is seeking two (2) individuals willing to serve four-year terms ending June 30, 2027.

The Parks, Recreation and Open Space Commission is made up of five (5) adult members that serve four (4) year terms and two (2) youth members that serve a one (1) year term. Members must be residents of Concord who hold no other municipal office in the City of Concord. The youth members are appointed by the adult members. The Commission advises the City Council on matters related to public parks, open space, recreation, and youth; reviews and recommends Council action to develop, modify, and/or improve City parks; promotes recreation and park programs, assesses park and recreation needs, and recommends capital improvement projects and fees.

The City's Conflict of Interest Code requires the Parks, Recreation and Open Space Commission members to complete a Conflict of Interest Form 700. Filings are required within 30 days of assuming office and on an annual basis.

Current members/terms overview
Members Term Expires
Kandi Lancaster June 30, 2023
Mark Sinclair June 30, 2023
Pablo Benavente June 30, 2025
Michael Miller June 30, 2025
Vacant June 30, 2025
Youth Members Term Expires
Vacant June 30, 2024
Vacant June 30, 2024

City Council Agenda Report
Agenda Item No. 8.a
April 11, 2023
Vacancy
The Commission is seeking a total of five (5) individuals for the following terms:
 Two (2) Adult Members willing to serve four-year terms ending June 30, 2027.  One (1) Adult Member willing to serve the remainder of a four-year term ending June 30, 2025.
 Two (2) Youth Members willing to serve one-year terms, effective September 1, 2023, and ending June 30, 2024.

Public Contact
The City Council Agenda was posted. The current members will be notified, and a news release will be issued and distributed. The announcement will be televised on the Concord TV Cable Channel 28 (Comcast), Channel 1026 (Astound/Wave), and Channel 99 (AT&T U-verse) Community Bulletin Board. The news release will be posted at the Concord Senior Center, Concord Police Department, the Concord Library, in the City’s agenda display case, on the City’s website, and via social media.

Attachments

1. Policy and Procedure No. 89 – Council Appointments to Boards & Commissions

2. Concord Municipal Code Chapter 2.20, Commission on Aging

3. Concord Municipal Code Chapter 2.20, Article IV, Community Services Commission

4. Concord/Pleasant Hill Health Care District Grant Committee – Purpose and Responsibilities

5. Concord Municipal Code Chapter 2.20, Article VI, Parks, Recreation and Open Space Commission

1 CITY OF CONCORD
Number:

Authority:

Effective:

Revised:

Reviewed:

Initiating Dept.:
89 Council Motion
12-11-78
4/27/2021
CM

COUNCIL APPOINTMENTS TO BOARDS AND COMMISSIONS

1. PURPOSE
To establish procedures to be used in accepting applications for and making appointments to fill openings on the various Council-appointed Boards and Commissions (Municipal Code, Chapter 2.20).

2. SUBMISSION OF APPLICATIONS

2.1 Applications for Boards or Commissions shall be available on the City’s website.

2.2 The application and description of Boards and Commissions will be made available to Qualified applicants and expiring term Boards and Commissions members. Those seeking reappointment or appointment to a Board or Commission must submit a completed application to the City Clerk by the deadline stated in the notice. If any seated incumbent does not submit an application by the application deadline, the application period will extend by five (5) working days, and the extended submittal deadline will be posted on the City’s website.

Applications shall be considered active until the applicant has had the opportunity to complete a recruitment and appointment cycle for each position for which they have applied.

2.3 To ensure applicants understand the responsibilities of the Board/Commission, a statement of responsibility prepared by the liaison will be provided to an applicant at the time of submission of the application and to the Council Committee to read to each candidate before the interview.

3. NOTIFICATION OF OPENINGS

3.1 The City Clerk shall schedule City Council agenda items for the announcement of expiring terms of members at least three months prior to expiration dates. Terms for all Boards and Commissions expire as shown on the schedule (Section 6). Expiring terms shall be considered as automatically extended beyond the expiration to the date the City Council makes new appointments.

3.2 The City Council shall call for new applications, setting a date certain during the months indicated in Section 6 as the closing deadline for the receipt of applications. Public notice of openings, including a statement that incumbents may reapply, shall be made in advance of the closing deadline and interesed parties and organizations shall be notified.

3.3 Prior to the closing deadline, the City Clerk in partnership with the staff liaison to the recruiting Board/Commission will review the submitted applications to determine the recruitment resulted in a sufficient pool of applicants. Should staff determine that the City has not received an adequate pool of applicants, the City Clerk will make a recommendation through the Mayor to announce an extension of the recruitment at the next available regular meeting.

3.4 The City Council or City Council Committee shall review applications and will conduct interviews with applicants, reserving the right to waive interview process with previously interviewed or incumbent applicants.

POLICY & PROCEDURE
Attachment 1

POLICY & PROCEDURE NO. 89
2 3.5 The City Clerk shall schedule a City Council agenda item as indicated in Section 6 to publicly appoint persons to a designated term.

3.6 The City Clerk shall prepare appropriate letters confirming appointments and prepare, for the Mayor's signature, letters to those not appointed.

3.7 In making appointments, the City Council shall make appointments that result in the influx of new ideas and perspectives while, at the same time, ensuring continuity and expertise.

3.8 No individual shall be appointed to serve as a member on more than one City Board or Commission, unless such dual membership is provided for in Chapter 2.20 of the Municipal Code; however, they may serve as an appointee to an advisory body of an outside agency.

3.9 The City Council may appoint one or more alternates to any Board, Commission, or Committee as provided for in Chapter 2.20 of the Municipal Code.

4. APPOINTMENTS

4.1 Members of a City Board or Commission serve at the pleasure of the City Council. An appointment to a Board or Commission is revocable at any time, without cause, by a majority vote of the City Council. A Council Committee review or recommendation is not required for the Council to consider or take such action.

4.2 In the event openings occur prior to the expiration of a member’s term, the Chair of the appointing Council Committee may review the applicant list if it is no older than 12 months and make a recommendation to the full Council of an appointment for the vacant seat. If the Committee Chair does not believe there is an adequate pool from which to select, the Chair may recommend to the full Council that the Council call for a recruitment to obtain new applications to fill the unexpired term.

5. ATTENDANCE

5.1 Any member of a City Board or Commission who absents him/herself from three consecutive meetings without being excused will be deemed to have resigned his/her office, and the City Council may appoint a new member to serve in the place of such absent member. The City Council shall make the ultimate determination of whether the absence was excused.

5.2 Should the Board or Commission member have three unexcused absences within a fiscal year, staff is to provide pertinent information to the City Clerk who will notify the member of his resignation.

6. SCHEDULE

6.1 A formal recruitment will occur on odd-numbered years, or when an interim vacancy occurs.

Board or Commission
Announce
Openings
1st available Council
Meeting in
Deadline for
Applications: 30
days
following
announcement
City Council
Appointments
1st available
Meeting in
Terms
Begin
Terms
Expire
Bicycle and Pedestrian
Advisory Committee
November January February March 1 February 28
Board of Appeals November January February March 1 February 28 Planning Commission November January February March 1 February 28 Personnel Board November January February March 1 February 28

POLICY & PROCEDURE NO. 89
3 Board or Commission
Announce
Openings
1st available Council
Meeting in
Deadline for
Applications: 30
days
following
announcement
City Council
Appointments
1st available
Meeting in
Terms
Begin
Terms
Expire
Design Review Board November January February March 1 February 28 Parks, Recreation & Open
Space Commission March May June July 1 June 30
Community Services
Commission March May June July 1 June 30
Concord Pleasant Hill Health
Care District Grant
Committee
March May June July 1 June 30
Commission on Aging March May June July 1 June 30
Measure V Oversight
Committee
October November December January 1 December 31
Concord Pavilion Outreach
Committee
November January February March 1 February 28
Youth Members on the Parks, Recreation & Open Space CommissionAppointed annually by the Parks, Recreation & Open Space Commission

6.2 Scheduling may be operationally adjusted by the City Clerk.

COMMISSION ON AGING
Chapter 2.20

2.20.090 Established; membership; compensation of members.

There is hereby created a Commission on Aging which shall consist of not more than 11 voting members to be appointed by the City Council. Members of the Commission on Aging shall be residents of the city. At least 51 percent of the membership shall be over the age of 60 years. The basis and the amount of any compensation which may be paid to the members of the Commission on Aging shall be determined by resolution of the City Council. (Code 1965, § 2453; Code 2002, § 2-321. Ord. No. 91-1; Ord. No. 92-19)

2.20.100 Purpose and intent.
(a) The city desires to act as a line of communication between its senior citizen population, public and private organizations, and other advisory bodies to assure that government action is responsive to the needs of older persons.
(b) There is a need to establish a visible and officially responsible body within the city to:
(1) Encourage county and state agencies to identify unmet needs of older persons and available resources by providing a means for citywide planning in coordination of individuals and groups interested in improving and developing services and opportunities for senior citizens.
(2) Plan, promote, and recommend changes to the existing programs and laws that have a direct bearing on the dignity, freedom, and security of older persons to independently manage their own lives.
(3) Enlist the participation of community groups and individuals in implementing actions which improve resources.
(Code 1965, § 2454; Code 2002, § 2-322. Ord. No. 91-1)

2.20.110 Terms of members; absence from meetings.

Members shall serve at the pleasure of the City Council for staggered terms of four years. The City Council reserves the right to make appointments for an adjusted term period to maintain a Attachment 2

staggered term structure. Any member who absents himself from three meetings of the Commission on Aging within a fiscal year without being excused will be deemed to have resigned from his appointment, and the City Council may appoint a new member to serve in place of the resigned member.
(Code 1965, § 2455; Code 2002, § 2-323. Ord. No. 91-1; Ord. No. 10-2; Ord. No. 15-3, § 2)

2.20.120 Rules of procedure; designation of committees and task forces.

The Commission on Aging shall adopt rules of procedure on the conduct of its business and may designate ad hoc committees and ad hoc task forces composed of its membership. (Code 1965, § 2456; Code 2002, § 2-324. Ord. No. 91-1)

2.20.130 Vacancies.

All vacancies occurring on the Commission on Aging shall be filled according to the method of their original selection and the new member shall serve at the pleasure of the City Council for the unexpired term of their respective predecessors.
(Code 1965, § 2457; Code 2002, § 2-325. Ord. No. 91-1)

2.20.140 Powers and responsibilities.

The Commission on Aging shall have the responsibility of carrying out the following functions:
(1) Attend and participate in the county Advisory Council on Aging subcommittees to identify the unmet needs of older persons and evaluate the effectiveness of existing programs and laws.
(2) Act as a resource to all city boards and commissions. The Commission on Aging members will attend the meetings of those boards and commissions as needed. (3) Develop an annual work program establishing short- And long-term goals in order of priority which will be effective upon approval of the City Council. (4) Such other functions that the City Council may, from time to time, designate. (Code 1965, § 2458; Code 2002, § 2-326. Ord. No. 91-1)

COMMUNITY SERVICES COMMISSION
CHAPTER 2.20

ARTICLE IV

2.20.150 Established; membership; compensation of members.

There is hereby created a Community Services Commission, which shall consist of not more than seven members to be appointed by the City Council. Members of the Commission shall be residents of the city or the city’s sphere of influence who hold no other municipal office in the city. The members shall be representative of the general public and the religious, racial, age, sex, disabled, and ethnic groups in the city. The basis and amount of compensation which may be paid to the members of the Commission shall be set by resolution of the City Council. (Code 1965, § 2434; Code 2002, § 2-351. Ord. No. 87-35; Ord. No. 91-2; Ord. No. 92-19; Ord.

No. 05-7; Ord. No. 15-3, § 3)

2.20.160 Purpose and intent.

The city seeks to develop a viable urban community in the city, including providing decent housing and a suitable living environment with expanded economic opportunities for its residents. To carry out this objective, the city maintains programs to fund housing efforts, neighborhood public improvements, and community services. There is a need to establish a visible and officially responsible commission within the city to:
(1) Assess need in the community for assistance to these programs; (2) Advise the City Council on the allocation of resources to programs addressing identified needs; and
(3) Evaluate and monitor the performance of such programs. (Code 1965, § 2435; Code 2002, § 2-352. Ord. No. 87-35)

2.20.170 Terms of members; absence from meetings.

Members shall serve at the pleasure of the City Council for staggered terms of four years. The City Council reserves the right to make appointments for an adjusted term period to maintain a staggered term structure. Any member who absents himself from three meetings of the Community Services Commission within a fiscal year without being excused will be deemed to Attachment 3

have resigned from his appointment, and the City Council may appoint a new member to serve in place of the resigned member.
(Code 1965, § 2436; Code 2002, § 2-353. Ord. No. 87-35; Ord. No. 91-2; Ord. No. 10-2; Ord.

No. 15-3, § 4)

2.20.180 Rules of procedure; designation of committees and task forces.

The Community Services Commission shall adopt rules of procedure on the conduct of its business and may designate, by resolution, committees and task forces. Such resolutions shall not be effective until approved by the City Council.
(Code 1965, § 2437; Code 2002, § 2-354. Ord. No. 87-35; Ord. No. 91-2)

2.20.190 Vacancies.

All vacancies occurring on the Commission shall be filled according to the method of their original selection, and the new members shall serve at the pleasure of the Council for the unexpired term of their respective predecessors.
(Code 1965, § 2438; Code 2002, § 2-355. Ord. No. 87-35; Ord. No. 91-2)

2.20.200 Powers and responsibilities.

The Commission shall have the responsibility of carrying out the following functions:
(1) Evaluate the needs of the community for housing, neighborhood improvement, and community services;
(2) Analyze alternative ways to meet identified needs in light of the available resources and other possibilities for coordination and cooperation with private funding sources and other public agencies;
(3) Recommend an annual budget to the City Council for the expenditure of general fund monies for human services and the expenditure of federal community development block grant monies for a variety of projects;
(4) Evaluate and monitor the performance of human service funded agencies and community development block grant projects; and
(5) Such other functions that the City Council may from time to time designate.

- 1 -
Concord/Pleasant Hill Health Care District Grant Committee:

Purpose & Responsibilities

1. Purpose: The purpose of the Concord/Pleasant Hill Health Care District (CPHHCD) Grant Committee is to review applications from local agencies that provide programs that promote health access or healthy lifestyles, and make funding recommendations to the District’s Board of Directors (City Council).

2. Committee Responsibilities: The Committee has the following responsibilities:

2.1 Review and rank applications received from local agencies using established criteria.

2.2 Participate in funding discussions during Committee Meetings.

2.3 Attend presentations by applicants.

2.4 Make funding recommendations to the District’s Board of Directors (City Council)

3. Committee Composition: The Grant Committee shall consist of seven members; five members from the City of Concord and two members appointed by the City of Pleasant Hill.

The following rules apply to all members:

3.1 All members shall be at least 18 years of age and reside within Concord (if representing Concord) or Pleasant Hill (if representing Pleasant Hill);

3.2 Committee members may not be current employees or City Council members of Concord or Pleasant Hill, or any vendor, contractor or consultant with active contracts or agreements with the City of Concord or Pleasant Hill;

4. Committee Member Terms of Office: Four-year terms from July 1 through June 30, with two-year terms beginning in 2017 to initiate staggered terms.

5. Committee Organization and Use of Existing City of Concord Practices: The Grant Committee shall follow all relevant existing City practices in terms of organization and conduct.

Specifically:

5.1 Elect the Chair and Vice Chair,

5.2 Operate in accordance with the Ralph M. Brown Act,
Attachment 4

- 2 -

5.3 Operate in accordance with City of Concord Policy & Procedure 89, Council Appointments to Boards and Commissions, except where the CPHHHCD Grant Committee Resolution specifically addresses a topic,

5.4 Operate in accordance with City of Concord Administrative Directive No. 43, Ethics, Training for Elected Officials; Appointees to Certain Boards, Commissioners, and Committees; and Designated Employees,

5.5 Comply with all State and local mandated conflict of interest/economic interest disclosure requirements,

5.6 Receive no compensation for service on the Committee.

6. Committee Meeting Schedule: The Committee will meet from September through June. The exact meeting schedule will fluctuate during the grant funding cycle. During a funding year, the Committee typically meets monthly beginning in September, more frequently (3-4 times per month) from January-March, and monthly April-June. On the off year the Grant Committee meets in April to make funding recommendations for the coming year and as necessary in other months. All meetings will be held at Concord City Hall, 1950 Parkside Drive, Concord, unless the Committee chooses an alternative location for select meetings.

Funding recommendations will be approved by the Concord City Council sitting as the Concord/Pleasant Hill Health Care District annually in May or June.

PARKS, RECREATION AND OPEN SPACE COMMISSION
CHAPTER 2.20

ARTICLE VI

2.20.260 Established; membership; compensation of members.

There is hereby created a Parks, Recreation and Open Space Commission (PROC), which shall consist of five (5) adult voting members and two (2) youth voting members. The adult voting members are appointed by the City Council. The Youth voting members are appointed by a selection task force composed of the adult members of PROC and confirmed by the City Council. The adult members of the PROC shall be residents of the city who hold no other municipal office in the city. The youth members must be between the ages of 13 and 21 at the time of their appointment, shall be residents of the city or attend school in the city and may be part-time seasonal employees of the city. The basis and amount of compensation which may be paid to the Parks, Recreation and Open Space Commission shall be by resolution of the City Council.
(Code 1965, § 2429; Code 2002, § 2-411. Ord. No. 87-35; Ord. No. 01-7; Ord. No. 05-7)

2.20.270 Terms of members; absence from meetings.

Members shall serve at the pleasure of the City Council for staggered terms of four years. The City Council reserves the right to make appointments for an adjusted term period to maintain a staggered term structure. Youth members shall serve at the pleasure of the City Council for one year, effective September 1st and ending June 30th of the following year. Any member who absents himself from three meetings of the Parks, Recreation and Open Space Commission within a fiscal year without being excused will be deemed to have resigned his office, and the City Council may appoint a new member to serve in the place of such absent member. (Code 1965, § 2430; Code 2002, § 2-412. Ord. No. 87-35; Ord. No. 01-7; Ord. No. 05-7; Ord.

No. 10-2; Ord. No. 15-3, § 6)

2.20.280 Rules of procedure; designation of committees and task forces.

The Parks, Recreation and Open Space Commission shall adopt rules of procedure on conduct of its business and may designate committees and task forces. These committees and task forces Attachment 5

maybe composed of youth designated to study issues and provide findings to the PROC or provide voluntary service to the city.
(Code 1965, § 2431; Code 2002, § 2-413. Ord. No. 87-35; Ord. No. 01-7; Ord. No. 05-7)

2.20.290 Vacancies.

All vacancies occurring on the Parks, Recreation and Open Space Commission shall be filled according to the method of their original selection, and the new members shall serve at the pleasure of the Council for the unexpired terms of their respective predecessors. (Code 1965, § 2432; Code 2002, § 2-414. Ord. No. 87-35; Ord. No. 01-7)

2.20.300 Powers and responsibilities.

The Parks, Recreation and Open Space Commission shall have the responsibility of carrying on the following functions:
(1) Act in advisory capacity to the City Council in matters pertaining to public parks, open space, recreation, and issues pertaining to youth;
(2) Consult, cooperate, and maintain contact with other public agencies, community organizations, and private persons engaged in recreation programming, park and open space planning, and youth services;
(3) Review and assist in the promotion of recreational, park, open space, and youth programs;
(4) Review and recommend to the City Council, plans submitted for development of, modification of, and/or improvements to the city parks system; (5) Assess parks, recreation, open space and youth services needs and develop goals and objectives for meeting these needs;
(6) Review and recommend to the City Council on capital improvements projects and fees related to parks, recreation, and open space; and
(7) Such other duties as the City Council may direct.
(Code 1965, § 2433; Code 2002, § 2-415. Ord. No. 87-35; Ord. No. 01-7; Ord. No. 05-7)

1 CONTINUED SPECIAL MEETING OF THE

CONCORD CITY COUNCIL/CITY COUNCIL

SITTING AS THE LOCAL REUSE AUTHORITY

CITY COUNCIL CHAMBER
1950 PARKSIDE DRIVE

CONCORD, CALIFORNIA AND VARIOUS

TELEPHONIC/ELECTRONIC LOCATIONS
SATURDAY, JANUARY 28, 2023 (CONTINUED
FROM JANUARY 7, 2023)
The Concord City Council met in a continued special meeting in the Council Chamber, located at 1950 Parkside Drive and via various telephonic/electronic locations at 9:00 a.m. on Saturday, January 28, 2023, with Mayor Hoffmeister presiding. 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: Valerie Barone, City Manager; Susanne Brown, City Attorney; Justin Ezell, Assistant City Manager; Joelle Fockler, City Clerk; Stefanie Ananthan, Deputy City Clerk; Greg Taylor, Director of Information Technology; Guy Bjerke, Director of Economic Development and Base Reuse; Israel Mora, Executive Secretary

CITY COUNCIL/LOCAL REUSE AUTHORITY (LRA) CONSIDERATION ITEM CONSIDERING THE LOCAL REUSE AUTHORITY’S ACCEPTANCE OF CONCORD FIRST PARTNERS, LLC’S, TERM SHEET FOR THE DEVELOPMENT OF 2,275 ACRES AT THE FORMER CONCORD NAVAL WEAPONS STATION – continued from January 7, 2023 Mayor Hoffmeister reminded the public that the item was continued from January 7, 2023, and the public comment period for the item was held during the January 7 meeting.

The City Council asked clarifying questions to Director of Economic Development and Base Reuse Guy Bjerke and Concord First Partners, LLC, representatives Louis Parsons, President of Discovery Builders, Inc., Phil Tagami, CEO, Capital Investment Group, and Albert Seeno, III, CEO, Discovery Builders, Inc.

Mr. Bjerke reviewed the proposed alternative actions the Council was being requested to consider as follows:

1. Choose to approve the Term Sheet as drafted (LRA staff’s recommendation); or

2. Provide additional direction to LRA staff and Concord First Partners, LLC, regarding additional or change provisions for consideration in the Term Sheet and continue this meeting to January 28, 2023; or

3. Reject the Term Sheet; direct LRA staff to let the Exclusive Agreement to Negotiate with Concord First Partners, LLC expire on January 31, 2023.

Mr. Bjerke explained the proposed Alternative Action No. 2 was presented with the intention that City Council would have taken action at the January 7, 2023, meeting.

9.a

City Council Minutes January 28, 2023
2 Following comments from the City Council, a motion was made by Obringer and seconded by Nakamura to direct LRA staff to let the Exclusive Negotiating Agreement with Concord First Partners, LLC expire on January 31, 2023. The motion passed by the following vote:

AYES: Nakamura, Obringer, Hoffmeister NOES: Aliano, Birsan

CORRESPONDENCE
a. Agenda Item No. 2.a – Concord First Partners Term Sheet – Benched Memorandum Changes and Clarifications to Term Sheet
b. Agenda Item No. 2.a – Concord First Partners Term Sheet – Benched Correspondence (received up to 3:00 p.m. on Friday, January 6, 2023)
c. Agenda Item No. 2.a – Concord First Partners Term Sheet – Benched Correspondence (received after 3:00 p.m. on Friday, January 6, 2023)
d. Agenda Item No. 2.a – Concord First Partners Term Sheet – Staff PowerPoint Presentation e. Agenda Item No. 2.a – Concord First Partners Term Sheet – Concord First Partners PowerPoint Presentation

ADJOURNMENT
By order of the Mayor, the meeting was adjourned on January 28, 2023, at 10:55 a.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, FEBRUARY 7, 2023
The Concord City Council met in a regular meeting in the City Council Conference Room, 1950 Parkside Drive, Concord, California and via various telephonic/electronic locations at 6:00 p.m. on Tuesday, February 7, 2023, with Mayor Hoffmeister presiding. Councilmember Obringer was absent.

Mayor Hoffmeister opened a public comment period, and upon receiving no public comment, closed the public comment period. The meeting was recessed and immediately reconvened in a closed session for CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION. Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9: One potential case.

The meeting recessed at 6:08 p.m. to reconvene in open session in the City Council Chamber, 1950 Parkside Drive, Concord, California and via various telephonic/electronic locations.

The Concord City Council met in a regular meeting in the Council Chamber, located at 1950 Parkside Drive and via various telephonic/electronic locations at 6:30 p.m. on Tuesday, February 7, 2023, with Mayor Hoffmeister presiding. The pledge of allegiance was led by Councilmember Aliano. 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: Valerie Barone, City Manager; 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; Greg Rodriguez, Police Lieutenant; Kevin Halm, Provisional Police Lieutenant; James Nakayama, Police Captain; Steve Voorhies, Director of Parks and Recreation; Carlton Thompson, City Engineer; Kit Jory, Parks Manager; Ken Yee, Facilities Manager; Bernard Enrile, CIP Manager; Marie Suvansin, Economic
Development Manager; Craig Blythe, Administrative Services Manager; Justin Bosch, Associate Civil Engineer; Kevin Wheat, Associate Civil Engineer; Justine Gee, Associate Civil Engineer; Lisa Potvin-Roeber, Downtown Program Manager; Kathryn
Monroy, Program Manager; Matt Fragoso, Camp Director

MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Frank Sterling; D’Marco Anthony; Hope Johnson, Concord; LeAnn Matthews, Concord; Chris Iglesias, President of Unity Council; La Tanya Johnson, Concord; Ady; Kate Trevelyn-Hall; Justin Crossley; Elaine Schroth, Visit Concord; Mark Stites, Cream/TSBA; Kent Green; Natalie

City Council Minutes February 7, 2023
2 PUBLIC COMMENT PERIOD
Frank Sterling spoke about his cousin Timothy Charles Lee who was killed in 1985.

D’Marco Anthony acknowledged Black History Month and stated his support of the Council decision reject the Term Sheet and let the Executive Agreement to Negotiate with Concord First Partners, LLC, expire.

Hope Johnson, Concord, commented on Councilmember Aliano’s employment and its potential conflict of interest with his service as a Councilmember.

LeAnn Matthews, Concord, stated police tore apart an unhoused friend’s tent and mattress without offering services for further assistance.

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 MINUTES – January 7 and 10, 2023
A motion was made by Aliano and seconded by Obringer to approve the minutes from the meetings on January 7 and 10, 2023. The motion passed by unanimous vote of the Council.

APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT – Bellecci & Associates for four projects in Residential Pavement Maintenance Phase E
A motion was made by Aliano and seconded by Obringer to approve a Professional Services Agreement with Bellecci & Associates in the not-to-exceed amount of $929,271.20 (base agreement of $844,792.00 plus Staff authority to spend up to $84,479.20) for design engineering and related services for the following four projects in Residential Pavement Maintenance Phase E; and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney:

1. Pavement Maintenance Zones 2H & 2Q (Project No. 2611). Zone 2Q is located to the east of Monte Gardens Elementary School between Willow Pass Road and Beechwood Drive. Zone 2H is located south of Concord Boulevard between West Street and Clayton Way.

2. Pavement Maintenance Zone 4L (Project No. 2613) located south of Concord Community Park, between Ridge Park Drive and St Francis Drive.

3. Pavement Maintenance Zones 5M, 5H, and Port Chicago Highway (Project No. 2621).

Zone 5M and 5H are located east of Port Chicago Highway between East Olivera Road and Erie Drive. The portion of Port Chicago in this project is between East Olivera Road and Concord Blvd.

4. Pavement Maintenance Zone 2O (Project No. 2624) located south of Monte Gardens Elementary School between Los Flores Avenue and Concord Boulevard. Recommended by the Director of Community Development.

The motion passed by unanimous vote of the Council.

City Council Minutes February 7, 2023
3 LETTER OF SUPPORT FOR SB X1-2 – Oil Price Gouging Penalty A motion was made by Aliano and seconded by Obringer to consider a letter of support for SB X1-2 (Oil Price Gouging Penalty). The motion passed by unanimous vote of the Council.

AWARD OF A CONSTRUCTION CONTRACT, APPROVAL OF AN AGREEMENT FOR

PROFESSIONAL SERVICES, APPROVAL OF A RELATED BUDGET TRANSFER, AND APPROVAL OF AN AMENDMENT TO A CONTRACT – Clayton Road Traffic Operation Improvements – Phase 2 (Project No. 2579)
This item was pulled from the Consent Calendar by Vice Mayor Birsan who stated he had received comments from his constituent group inquiring about the order of repair of particular streets within certain pavement zones.

A motion was made by Birsan and seconded by Obringer to approve the following for Clayton Road Traffic Operation Improvements – Phase 2 (Project No. 2579) constructing interconnected fiberoptic cabling on Clayton Road between Galindo Street and Washington Boulevard:

1. Award of a construction contract in the amount of $4,036,910 to Gruendl Inc. DBA Ray’s Electric; authorizing staff to utilize the available project contingency for contract change orders that become necessary up to the 10% of the contract amount; and authorizing the Mayor to execute the contract in a form acceptable to the City Attorney;

2. Approval of an Agreement for Professional Services with Swinerton Management and Consulting in the not-to-exceed amount of $474,182.50 (base agreement of $431,075 plus staff authority to spend up to a 10% contingency of $43,107.50) to provide construction management, material testing, and related services; and authorizing the City Manager to execute the agreements, in a form acceptable to the City Attorney;

3. Approval of a related budget transfer of $1,100,000 (2021 Debt Issuance Measure V Funds) from Clayton Road Pavement Rehabilitation Project (Project No. 2609), $612,500 (2021 Debt Issuance Measure V Funds) from Innovative Transportation Program (Project No. 2573), and $200,000 (2021 Debt Issuance Measure V Funds) from Replace Controller/Cabinet/VDS at Signalized Intersection (Project No. 2462) to Clayton Road Traffic Operation Improvements – Phase 2 (Project No. 2579); and

4. Approval of an amendment to the contract with DC Electric Group Inc., for On-Call Traffic Signal and Streetlight Repair Services – RFP No. 2442 increasing total compensation by $300,000 for a total not to exceed amount of $500,000; and authorizing the City Manager to execute the amendment, in a form acceptable to the City Attorney.

The motion passed by unanimous vote of the Council.

APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH CONSOR NORTH AMERICA, INC. – Meadow Lane/Market Street Paving (Project No. 2582)
A motion was made by Aliano and seconded by Obringer to approve a Professional Services Agreement with Consor North America, Inc. in the not-to-exceed amount of $363,312.48 (base agreement of $330,284.07 plus Staff authority to spend up to a 10% contingency of $33,028.41) to provide construction management, inspection, and materials testing services for Meadow Lane/Market Street Paving (Project No. 2582), on Meadow Lane from Monument Boulevard to Market Street, and on Market Street from Meadow Lane to Willow Pass Road; and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.

City Council Minutes February 7, 2023
4 CITY COUNCIL/LOCAL REUSE AUTHORITY (LRA)/CONCORD-PLEASANT HILL HEALTH CARE

DISTRICT (CPHHCD) CONSENT CALENDAR
ADOPTION OF CITY COUNCIL RESOLUTION NO. 23-4, LOCAL REUSE AUTHORITY RESOLUTION NO. 23-49, CONCORD-PLEASANT HILL HEALTH CARE DISTRICT RESOLUTION NO. 23-041 – Continue Meetings Remotely, AB 361
A motion was made by Aliano and seconded by Obringer to adopt Resolution No. 23-4, Local Reuse Authority Resolution No. 23-49, and Concord/Pleasant Hill Health Care District Resolution No. 23- 041 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. 23-5 - Accept Concord Tourism Improvement Business District’s 2021-2022 Annual Report
Downtown Program Manager Lisa Potvin-Roeber presented the staff report, provided background on the Concord Tourism Improvement Business District, and introduced Elaine Schroth with Visit Concord who presented additional information and videos highlighting the Concord Tourism Improvement Business District’s 2021-2022 Annual Report.

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. 23-5 entitled, “A Resolution Accepting the Concord Tourism Improvement District’s 2022-2023 2021-2022 Annual Report.” The motion passed by unanimous vote of the Council.

ADOPTION OF RESOLUTION NO. 23-6 – Allocating $500,000 of one-time American Rescue Plan Act (ARPA) funds for special events
Councilmember Aliano stated he was part of the planning process for the Unity Council’s Festival Latino, and recused from the item in order to avoid any potential or perceived conflict between those activities and his role as a Councilmember and left the dais.

Councilmember Obringer stated she is active with the TSBA and has been involved in fundraising for and planning of the Fourth of July activities. She recused from the item in order to avoid any potential or perceived conflict between those activities and her role as a Councilmember and left the dais.

Assistant City Manager Justin Ezell presented the staff report, provided background on ARPA funding, the City of Concord public meetings held in an effort to determine spending of the one-time funds, Council adopted spending categories, and a background and summary of the Housing and Economic Development Council Committee’s recommendations for the funding amounts. He explained the recommendation for City Council to adopt a Resolution allocating $500,000 of one-time ARPA funds for special events as an economic development stimulus.

Following questions from the City Council, Chris Iglesias, President of the Unity Council, responded that the Unity Council works with a firm to assist in coordinating and holding events, explaining how and where the funds are expended. He explained the extent of outreach conducted in order to notify those in need who would benefit from services offered along the Monument Corridor.

Mayor Hoffmeister opened a public comment period.

City Council Minutes February 7, 2023
5 Chris Iglesias, President of Unity Council, thanked City staff for assistance in helping host events and the importance of the events which benefit those in need, particularly along the Monument Corridor.

Hope Johnson, Concord, expressed concern regarding a staff memo that she felt did not highlight the intention of use for the original $8 million in ARPA funds.

La Tanya Johnson, Concord, commented that she would like to see the events being held in honor of Black History or the African American community.

Ady supported an RFP process for ARPA funding.

Mayor Hoffmeister closed the public comment period.

Following comments from the City Council, a motion was made by Birsan and seconded by Nakamura to adopt Resolution No. 23-6 entitled “A Resolution Allocating $500,000 of One-Time American Rescue Act Funding for Special Events.” The motion passed by the following vote:

AYES: Birsan, Nakamura, Hoffmeister NOES: None ABSENT: Aliano, Obringer Councilmembers Aliano and Obringer returned to the dais.

ADOPTION OF RESOLUTION NO. 23-7 – Appropriating $6.5 million of one-time American Rescue Plan Act funds for City projects
Assistant City Manager Justin Ezell presented the staff report and noted that the Council was being requested to adopt a Resolution appropriating $6.5 million one-time American Rescue Plan Act funds for City projects and authorizing certain actions related to use of the funds, including making the CEQA determinations as provided in the written staff report.

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

The following people spoke in support of the Downtown Concord Welcome & Cleanliness Program in Partnership with the Todos Santos Business Association – 2-year Pilot:

Kate Trevelyan-Hall
Justin Crossley
Elaine Schroth
Mark Stites, Cream, TSBA
The following people spoke against private security in and around Todos Santos Plaza:

Kent Green
Natalie
Hope Johnson, Concord, inquired how the $8 million in ARPA funds previously allocated for public safety has been spent, and felt that there should not be additional funding allocated for police department technology without a policy in place.

Mayor Hoffmeister closed the public comment period.

Following additional questions and comments from the City Council, a motion was made by Aliano and seconded by Obringer to adopt Resolution No. 23-7 entitled, “A Resolution Appropriating $6,500,000 of One-Time American Rescue Plan Act funds for City projects and authorizing certain actions related to use of the funds.” The motion passed by unanimous vote of the Council.

City Council Minutes February 7, 2023
6 Mayor Hoffmeister recessed the meeting at 9:04 p.m. The meeting resumed at 9:15 p.m.

SELECTION OF APPLICANTS TO INTERVIEW FOR THE HOMELESS STRATEGIC PLAN WORKING GROUP – Concord Resident and Property Owner, Mental Health Professional, Substance Abuse Professional, and Business Community representatives
City Clerk Joelle Fockler presented the staff report, provided a brief background related to the development of and composition of the Homeless Strategic Plan Working Group, discussed the remaining categories and the number of applications received for each of the remaining categories, and explained that the Council was being requested to select applicants to be interviewed for the categories of Concord Resident and Property Owner, Mental Health Professional, Substance Abuse Professional, and Business Community for the Homeless Strategic Plan Working Group.

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

Ady spoke about La Tanya Johnson being the only African American applicant who currently serves the unhoused with varying issues and requested for the City Council to create a new category for African American applicants. She also expressed support for Cora Mitchell and Linda Jacob in their respective categories.

Mayor Hoffmeister closed the public comment period.

A motion was made by Birsan and seconded by Obringer to select Timothy Shindelus as the additional applicant to interview for the category of Concord Resident and Property Owner. The motion passed by unanimous vote of the Council.

A motion was made by Aliano and seconded by Obringer to select Linda Jacob and Patricia Lechuga as the applicants to interview for the category of Substance Abuse Professional. The motion passed by unanimous vote of the Council.

A motion was made by Obringer and seconded by Aliano to select Valentina Loreto-Ashley and Cora Mitchell as the applicants to interview for the category of Mental Health Professional. The motion passed by unanimous vote of the Council.

A motion was made by Birsan and seconded by Obringer to select Eric Rehn and Mark Unterbach as the applicants to interview for the category of Concord Business Community or an Owner of Commercial Property in Concord. The motion passed by unanimous vote of the Council.

CORRESPONDENCE
a. Agenda Item No. 6.a – Written Public Comment
b. Agenda Item No. 8.a – Concord Tourism Annual Report – Benched Staff Report c. Agenda Item No. 8.a – Concord Tourism Annual Report – Benched Attachment 1 d. Agenda Item No. 8.b – HED ARPA Funding Recommendations – PowerPoint Presentation e. Agenda Item No. 8.c – ARPA Funding for City Projects – Benched Correspondence f. Agenda Item No. 8.c – ARPA Funding for City Projects – PowerPoint Presentation g. Agenda Item No. 8.d – Applicants for Homeless Strategic Plan Working Group – PowerPoint Presentation

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

City Council Minutes February 7, 2023
7 ADJOURNMENT
By order of the Mayor, the meeting was adjourned on February 7, 2023, at 9:45 p.m.

LAURA M. HOFFMEISTER
MAYOR

JOELLE FOCKLER, MMC

CITY CLERK

Staff Report
Date: April 11, 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: Justine Gee, PE, Associate Civil Engineer
[email protected]
(925) 671-3284
Subject: Considering the following for Meadow Lane/Market Street Paving (Project No. 2582), on Meadow Lane from Monument Boulevard to Market Street, and on Market Street from Meadow Lane to Willow Pass Road:

1. Award of a Construction Contract in the amount of
$3,977,859.50 to Ghilotti Bros., Inc. and authorizing staff to utilize the available project contingency for contract
change orders that become necessary up to 10% of the
contract amount; and authorizing the Mayor to execute the contract in a form acceptable to the City Attorney. (Measure V and American Rescue Plan Act Funds)

2. Authorizing the City Engineer to accept the improvements upon completion of Project No. 2582, and directing the City Clerk to file a Notice of Completion.

CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(2), 15061(b)(3), 15273, 15378, 15301, 15302, 15303, 15304, and/or Public Resources Code Section 21065.

Report in Brief
The Meadow Lane/Market Street Paving (Project No. 2582) (Project) will involve pavement rehabilitation on Meadow Lane from Monument Boulevard to Market Street,

9.b

City Council Agenda Report
Agenda Item No. 9.b
April 11, 2023
and on Market Street from Meadow Lane to Willow Pass Road. The Project also involves conduit/fiber installation, curb ramp upgrades, and equipment at various intersections, which are to be added and upgraded. See attached location map (Attachment 1).

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

Recommended Action
Considering the following for Meadow Lane/Market Street Paving (Project No. 2582), on Meadow Lane from Monument Boulevard to Market Street, and on Market Street from Meadow Lane to Willow Pass Road:

1. Award of a Construction Contract in the amount of $3,977,859.50 to Ghilotti Bros., Inc. and authorize staff to utilize the available project contingency for contract change orders that become necessary up to 10% of the contract amount; authorize the Mayor to execute the contract in a form acceptable to the City Attorney (Measure V and ARPA Funds); and make the CEQA determinations as provided in this staff report.

2. Authorize the City Engineer to accept the improvements, upon completion of Project No. 2582, and direct the City Clerk to file a Notice of Completion; and make the CEQA determinations as provided in this staff report.

Background
On June 1, 2021, City Council (Council) approved the proposed Five-Year Pavement Expenditure Plan, which included the Meadow Lane/Market Street Paving (Project No. 2582) (Project).

On June 8, 2021, Council adopted the mid-cycle adjustments to the CIP Budget for Fiscal Years 2020-21 and 2021-22, which included the initial funding of $3,000,000 from Measure V Funds for the Project.

On June 6, 2022, City staff (Staff) held an in-person, open house community meeting on the Project. It was discussed at the meeting that a parking study had been conducted for the Meadow Lane corridor. The study determined that on-street parking was not being heavily utilized and that the nearby side streets had enough capacity to park the cars which were normally parked on Meadow Lane. The option of removing the onstreet parking spots allowed the project to install dedicated bikes on each side of the street. The public had no objections to the on-street parking being removed when this option was proposed.

City Council Agenda Report
Agenda Item No. 9.b
April 11, 2023
On June 21, 2022, Staff presented the Project to the City’s Bicycle and Pedestrian Advisory Committee (BPAC). Safety concerns were posed for bicycles and pedestrians traveling along the curve in the road where Market Street turns into Meadow Lane. Tuff curb delineators were then added into the proposed design along the roadway curve to provide a barrier between vehicles and bicycles and pedestrians.

On June 28, 2022, Council adopted the 2-Year CIP Budget for Fiscal Years 2022-23 and 2023-24, which included an additional allocation of $700,000 of Measure V Funds to fund the design and construction of the Project.

On February 7, 2023, Council approved a Professional Services Agreement with Consor North America, Inc. to provide construction management, inspection, and materials testing services for the Project. Council also approved an appropriation of $2,166,957 of American Rescue Plan Act (ARPA) funds to fund the construction of the project.

If the construction contract is awarded on April 11, the project is anticipated to start construction in May 2023 and be complete by October 2023, weather permitting.

Procurement Process
The Project was advertised for construction bids as required by State law and City policy. The Engineer’s Estimate for the Total Bid is $4,864,848. Bids were opened on February 23, 2023. Six (6) bids were received in the amount ranging from $3,977,859.50 to $4,656,048.39, as shown on the Bid Summary (Attachment 2). The lowest bid was received from Ghilotti Bros., Inc. (Ghilotti) of San Rafael, CA. A summary of the three (3) lowest bids is as follows:

BID

SCHEDULE
Engineer's
Estimate
Ghilotti Bros.,
Inc.

McGuire and
Hester
Bay Cities
Paving &
Grading, Inc.

Total Bid $ 4,864,848.00 $ 3,977,859.50 $ 4,144,434.00 $ 4,158,700.00 Ghilotti was the low bidder and submitted a responsive and responsible bid. Ghilotti has an appropriate and valid contractor’s license and satisfactory work references.

Staff completed analysis of bid, determining that Ghilotti along with its subcontractors possess appropriate and valid licenses, are not on any debarred lists, and agreed to be bound by the Citywide Project Stabilization Agreement. Ghilotti is registered with the Department of Industrial Relations as required by SB 854.

Financial Impact
The current total budget for this project is $5,866,957 and is funded by Measure V (Fund 407) and ARPA funds. There are sufficient funds in the Project to award the

City Council Agenda Report
Agenda Item No. 9.b
April 11, 2023
construction contract, staff oversight, and an approximate construction contingency of 10 percent.

Environmental Determination
Pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(2), 15061(b)(3), 15273, 15301, 15302, 15303, 15304, and/or 15378, Council action on this item is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, as it will not result in a direct or reasonably foreseeable indirect physical change in the environment. In the alternative, Council action on this item is exempt under CEQA Guidelines Sections 15301 – Existing Facilities, 15302 – Replacement and Reconstruction, 15303 – New Construction or Conversion of Small Structures, and 15304 – Minor Alterations to Land.

No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. This determination reflects the City’s independent judgment and analysis. The Notice of Exemption will be filed with the County Clerk’s office following the Council action on this item.

Public Contact
The City Council Agenda was posted.

Attachments

1. Project Location Map

2. Bid Summary

Attachment 1

MEADOW LANE/MARKET STREET PAVING PROJECT
PROJECT NO. 2582
```
```

PROJECT

LOCATION

City of Concord
Bid Sheet
PROJECT #2582 Bid Opening:

Meadow Lane & Market Street Paving Thursday,
February 23, 2023
2:00 p.m.

City Manager's Conference Room
Engineer’s Estimate: $4,864,848.00 To be awarded:

COMPANY TOTAL BID
Ghilotti Bros
525 Jacoby Street
San Rafael, CA 94901
$3,977,859.50
McGuire Hester
2810 Harbor Bay Parkway
Alameda, CA 94502
$4,144,434.00
Bay Cities Paving & Grading Inc.
1450 Civic Ct., Bldg B #400
Concord, CA 94520
$4,158.700.00
MCK Services Inc.

PO Box 5697
Concord, CA 94524
$4,310,047.00
Argonaut Constructors
PO Box 639, 360 Sutton Place
Santa Rosa, CA 95402
$4,353,449.00
Graniterock
5225 Hellyer Avenue, Ste. 220
San Jose, CA 95138
$4,656,048.39
Contact: Justine Gee x3284

Staff Report
Date: April 11, 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: Justine Gee, PE, Associate Civil Engineer
[email protected]
(925) 671-3284
Subject: Considering approval of a Professional Services Agreement with Pavement Engineering Inc. in the not-to-exceed amount of $158,812.50 (base agreement of $144,375 plus Staff authority to spend up to a 10% contingency of $14,437.50) for design engineering and related services for Citywide Arterial and Collector Maintenance No. 3 (Project No. 2616), on Landana Drive from Concord Boulevard to Willow Pass Road, Farm
Bureau Road from Willow Pass Road to Wren Avenue, and
Laguna Street from Detroit to Galindo Street; and authorizing the City Manager to execute the agreement in a form
acceptable to the City Attorney (Measure V Funds).

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

Report in Brief
The Citywide Arterial and Collector Maintenance No. 3 (Project No. 2616) will involve preventative pavement maintenance on Landana Drive from Concord Boulevard to Willow Pass Road, Farm Bureau Road from Willow Pass Road to Wren Avenue, and Laguna Street from Detroit to Galindo Street.

9.c

City Council Agenda Report
Agenda Item No. 9.c
April 11, 2023
Engineering services are needed to initiate the design of Project No. 2616, which involves the development of plans, specifications, construction cost estimates, bid documents, and construction support. Along with pavement maintenance, depending on the treatment, design may also include the installation of curb ramps at intersections to meet accessibility standards, minor sidewalk or curb and gutter repairs, and restriping.

The Citywide Arterial and Collector Maintenance No. 3 design is expected to start in April 2023 and be completed by April 2024. Following design, staff will advertise for construction bids. Construction is anticipated to begin in summer 2024.

The project is currently funded for design by Measure V Funds and is anticipated to be funded for construction in Fiscal Year 2024-25 as part of the City’s next Capital Improvement Budget.

Recommended Action
Approval of a Professional Services Agreement with Pavement Engineering Inc. in the not-to-exceed amount of $158,812.50 (base agreement of $144,375 plus Staff authority to spend up to a 10% contingency of $14,437.50) for design engineering and related services for Citywide Arterial and Collector Maintenance No. 3 (Project No. 2616), on Landana Drive from Concord Boulevard to Willow Pass Road, Farm Bureau Road from Willow Pass Road to Wren Avenue, and Laguna Street from Detroit to Galindo Street; and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney (Measure V Funds); and make the CEQA determinations as provided in this staff report.

Background
On June 1, 2021, City Council approved the proposed Five-Year Pavement Expenditure plan, which included Citywide Arterial and Collector Maintenance No. 3 (Project No. 2616).

On June 28, 2022, the City Council adopted the 2-year CIP Budget for Fiscal Years 2022-23 and 2023-24, which included appropriation of $300,000 to fund the design of Project No. 2616. The construction of the project is anticipated to be funded in Fiscal Year 2024-25 as part of the City’s next 2-year Capital Improvement Budget.

Analysis/Procurement Process
Staff issued a Request for Proposals (RFP) on January 5, 2023 for consultants to provide design and related services for Citywide Arterial and Collector Maintenance No. 3 (Project No. 2616). The RFP was advertised in the local newspaper and on the City’s Procurement Website (Public Purchase). Four proposals were received, reviewed, and ranked by the selection committee comprised of City Staff from Engineering Services.

Based on the analysis of the proposals, interviews, and references, Pavement Engineering Inc. (PEI) was selected as the most qualified firm to provide design and

City Council Agenda Report
Agenda Item No. 9.c
April 11, 2023
related services for Project No. 2616. City Staff and PEI negotiated the scope of work, cost for the services, and agreed upon $144,375 as a fair and reasonable compensation for the services needed to complete the design phase of the project. PEI has extensive experience in the design of paving and complete streets projects in the City of Concord, including Residential Pavement Design Phase A (Project No(s). 2516, 2517, 2561, 2562, 2563), Pavement Maintenance – Zone 3 & 4 (Project No(s). 2443 & 2444), and Citywide Arterial & Collector Maintenance Project (Project No(s). 2453 & 2458).

Financial Impact
Project No. 2616 is fully funded for design by Measure V funds (Fund 407). Based on the estimated cost, $1,150,000 will be allocated to the project in Fiscal Year 2024-25 to fully fund the construction of this project.

Environmental Determination
This design activity does not constitute a “project” within the meaning of CEQA Guidelines Section 15060(c)(2) or CEA Guidelines Section 15378 because there is no potential that it will result in a direct or reasonable, foreseeable, indirect, physical change in the environment. Even if the activity does comprise a project for CEQA analysis, it falls within the “common sense” CEQA exemption set forth in CEQA Guidelines Section 15061(b)(3), excluding projects 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 and none of the exceptions under CEQA Guidelines Section 15300.2 apply. This determination reflect the City’s independent judgment and analysis. Individual projects will undergo CEQA analysis as necessary.

Public Contact
The City Council Agenda was posted.

Attachments

1. Project Location Map

2. Professional Services Agreement with Pavement Engineering Inc. with Exhibit A - Proposal

Project Location Map
Citywide Arterial and Collector Maintenance Project No. 3 (Project No. 2616)

AGREEMENT FOR PROFESSIONAL SERVICES
1 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 THIS AGREEMENT (“Agreement”) is entered into on April 11, 2023, between the City of Concord (“CITY”) and Pavement Engineering Inc., 1190 Burnett Ave. Suite E, 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 April 11, 2023, and expire on June 30, 2024.

2. SCOPE OF SERVICES. Subject to such policy direction and approvals provided by the CITY's Authorized Representative, CONSULTANT shall provide consulting services for Citywide Arterial and Collector Maintenance No. 3, Project No. 2616. described in detail in Exhibit A, a proposal from Pavement Engineering dated February 7, 2023, 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 fifty-eight thousand eight-hundred twelve dollars and fifty cents ($158,812.50) for the term of this Agreement.

The total includes the sum of the base contract of one-hundred forty-four thousand three-hundred seventy-five dollars ($144,375) and a 10% contingency of fourteen- thousand four-hundred thirty seven dollars and fifty cents ($14,437.50). 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

2 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
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 Joseph Ririe, President & Senior Principal Engineer.

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,

3 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 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

4 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 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

5 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 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

6 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 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

7 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 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

8 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 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

9 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 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.

10 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 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 thirdparty 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

11 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 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: Joseph Ririe
Pavement Engineering, Inc
1190 Burnett Ave, Suite E
Concord, CA 94520
Phone: (805) 781-2265

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 been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce

12 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 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: Joseph Ririe Name: Valerie Barone
Title: President Title City Manager
Address: 1190 Burnett Ave, Suite E Address: 1950 Parkside Drive Concord, CA 94520 Concord, CA 94519
Telephone: (805) 781-2265 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 2023/24 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.

THE SUM OF $158,812.50
Account Code: 407-9500-C999-74500 / 407-2616-113-74500

Finance Director's Signature

Civil Engineering Design Strategy
For
City of Concord – Citywide Arterial and Collector Maintenance No. 3 City Project No. 2616

PROJECT UNDERSTANDING
The City of Concord desires to contract with a civil engineering firm with the expertise to provide engineering design services specifically related to pavement maintenance. The City has identified four (4) project streets.

PROJECT STREET LIST
Street Name From To Length (LF)
Landana Drive Concord Boulevard Willow Pass Road 5,890
Farm Bureau Road Willow Pass Road Wren Avenue 1,370
Laguna Street Detroit Avenue Galindo Street 2,880
The City’s latest data shows a Pavement Condition Index (PCI) for these street segments ranging from 70-90. It is anticipated that the pavements will be treated with light maintenance that may include crack sealing, slurry sealing, or cape sealing.

To effectively accomplish this project, the City must contract with a design firm that specializes in pavement maintenance and has a thorough understanding of pavements. The design firm needs to know the answers and understand the impacts as the variables of pavement condition and project budget constraints are weighed and measured.

The RFP is also requesting the consultant to provide traffic related analysis and designs for the proposed bike paths as part of the Bike and Pedestrian Safe Routes and Transit Master Plan as well as providing traffic signal modifications and crossing upgrades. After discussion with the City, it was determined that this project will match the existing striping patterns.

Our team has the necessary expertise and has specifically targeted this project as a perfect fit for the City, and PEI.

PROJECT BACKGROUND
The project identified in the RFP comes from the City’s Pavement Expenditure Plan developed and approved by the City Council in early 2021. PEI is familiar with the expenditure plan having been contracted by the City to assist with its development. PEI understands the expenditure plan’s intent and why certain streets and pavement treatments were selected.

A visual review of the streets during the preparation of this proposal confirms a light maintenance approach with the exception of two portions of Landana Drive between Larkspur Drive and Village Road and Landana Drive between Mullberry Drive and Concord Boulevard. These segments exhibited increased amounts of alligator cracking in the wheel paths that may require additional analysis to evaluate the cause. This is addressed in our proposal as optional work.

Having been involved as the designer of many Measure Q and V projects for the City of Concord, PEI understands what the City is looking for with the design. There are opportunities to use value engineering to get more from the design and available budget. To PEI understands the design impacts and has the tools and knowledge to get the most service life for the least amount of money.

Understanding pavements, the materials, the treatments, and how they will perform over time under the conditions that they will experience over their service life is what we do at PEI. Couple that knowledge with our understanding of construction and inspection and the City has a consultant that they can count on to deliver a cost-effective product that will perform long into the future.

PEI DESIGN STRATEGY AND SCOPE OF WORK
Our design focus includes developing treatment options and preliminary budgets, measuring field quantities, utility coordination, preparing contract documents and estimates, providing assistance with public outreach and permit to enter agreements, bid and construction support services, and preparing record drawings.

Our general design strategy and our project approach are summarized below.

TASK 1 – PROJECT ADMINISTRATION
This work includes a kick-off meeting with the City’s project manager and other interested staff to confirm the project’s scope of work, schedule, budget and availability of project documents; review project goals; discuss format of deliverables; and clarify the responsibilities of each party for the project.

Progress meetings will be arranged to review the work at critical stages. For this project, we are recommending that we meet after we complete the work associated with Task 2 to review and confirm the final treatments and conceptual level budget analysis, then again at the 60% stage and at the 90% stage to review and confirm the final documents and collect comments. We anticipate three (3) meetings, including the kick-off meeting, with City of Concord staff.

This task will also include assisting the City by preparing exhibits for and attending two public workshops/community meetings and/or BPAC meetings.

Constant communication between the project manager and City of Concord staff including updated design schedules and budgets are part of our approach and will help ensure a successful project.

TASK 2 – PRELIMINARY ENGINEERING
The purpose of this task is to gather and confirm all necessary information, either from field measurements or existing archives to facilitate the design and development of the project’s contract documents. The end result of this task is to develop a concept level budget for the project that can be used to refine the projects to fit the City’s anticipated construction budget.

We have separated the anticipated investigation and survey items below and provided a detailed explanation of the expected work for each phase of this task.

Phase 2.1 – Measurement of Field Quantities
PEI will physically walk each of the project streets to measure and record all pertinent field quantities, including the location of existing striping, pavement markers and paint markings; location of utility covers; limits of paving transitions, digouts, and other pavement repairs; and the total area of pavement to be resurfaced. This information will be compiled into the bid schedule. Taking the time to measure the quantities of each bid item in the field provides confidence that bid quantities are correct, ensures smoother contract administration and reduces the potential for change orders.

If we identify any concrete repairs or tree root damage during our field reviews, we will note it and bring it to the City’s attention to determine if the repairs should be added to the contract.

Phase 2.2 - Pavement Analysis (Optional)
Due to the condition of two portions of Landana Drive between Larkspur Drive and Village Road and Landana Drive between Mullberry Drive and Concord Boulevard identified in the Project Background above, we are adding an allowance that will provide the opportunity to investigate these two segments to rule out the need for a more aggressive treatment. As an option service, PEI will perform pavement evaluation services including deflection testing, coring and analysis on the project streets that warrant rehabilitation.

This type of analysis will eliminate the guesswork and ensure than an optimum rehabilitation approach is identified.

Phase 2.3 - Monument Perpetuation
PEI will subcontract with Geo-West to perform the monument perpetuation research needed for the project.

The research will assist the City of Concord with the monument identification and preservation process (State Business and Professions Code Section 8771) by performing a records search to locate any potential recorded survey monuments within the street limits. Our surveyor will prepare a written report that PEI will review with the City to determine which monuments might potentially be disturbed during construction and how they should be perpetuated.

Our work excludes tying off the existing monuments prior to construction and/or establishing new monumentation after construction.

TASK 3 – PLANS, SPECIFICATIONS AND ESTIMATES
Phase 3.1 – 60%, 90%, and Final PS&E Submittals
PEI will develop plans that will convey the design intent and treatments selected during the concept level budget meeting. We will use aerial images to develop base sheets and provide details as needed to convey the work. for typical sections, transitions, conforms, digouts, and additional pavement work as necessary. PEI will compile all field quantities collected from Task 2 into an engineer’s estimates. This will be considered the 60% submittal.

After the City has reviewed the 60% submittal, PEI will meet to receive and review the comments. We will use these comments from the City to refine the plans and prepare technical specifications that will incorporate the latest asphalt industry guidelines and criteria. This information will be submitted to the City as the 90% design review.

After the City reviews the 90% submittal, we will meet with staff to resolve any outstanding issues and will adjust the contract documents accordingly. This information will be submitted to the City as the 100% design review.

After the City reviews the 100% submittal, PEI will address any remaining comments and adjust the contract documents accordingly. Plans and specifications will then be electronically stamped and signed and submitted to the City as the final PS&E.

It is understood that PEI will be matching the existing pavement markings including the bike lanes. Standalone striping plans will not be developed. The pavement markings will be shown on our plans similar to previous projects PEI has prepared for the City of Concord.

Phase 3.2 – Utility Research and Coordination
PEI will coordinate with local utility companies and incorporate all utility facilities impacted by the project into the contract documents. PEI will collect the location of all visible utility covers located within the project street limits. This information will be supplemented with information gathered from PEI’s outreach to utility companies. PEI will obtain a current listing of utility companies and contact information from the City for this task.

Phase 3.3 – Curb Ramp Designs (Allowance)
For this project, we are estimating that as many as 13 curb ramps may be affected depending on the treatment selected for the sections of Landana Drive identified above.

If curb ramp designs are required, we are anticipating that the design will conform to designs previously provided by PEI to the City of Concord for field fit curb ramps. To accomplish this work we will collect the quantities necessary to construct each ramp. The quantities will be tabulated and included in the plan set similar to previous work PEI has performed with the City. Topographic survey and detailed design including elevations is excluded.

Task 3 – Deliverables
• The 60%, 90%, and 100% submittals will include two sets of 11” x 17” plan sets as well as an electronic format. Technical specifications will be submitted in Word format at the 90% and final submittals.
• Final approved drawing submittals will include one complete set of 36” x 24” bond and a PDF copy of all the drawing sheets submitted.
• Final specification submittals shall include one hard copy paper document bound and electronic copies in MS Word and PDF format.

TASK 4 – BID SUPPORT SERVICES
During the bid period, PEI will be available to answer any specific questions from the City and Contractor concerning the design. Should the need arise, we will prepare an

addendum as required. In addition, we will also be available to attend a pre-bid meeting and provide assistant with responses to contractor’s questions during the bidding process, and reviewing and evaluating bids. All fees for this task will be on a time and materials bases.

TASK 5 – CONSTRUCTION SUPPORT SERVICES
Phase 5.1 – Construction Support
During the construction period, PEI will be available to answer any specific questions from the City and Contractor concerning the design. We will also be available to assist the City with submittal review, responding to construction RFI’s and review construction claims. All fees for this task will be on a time and materials bases.

Phase 5.2 – Record Drawings
After the project is completed, PEI will create a set of Record Drawings from the Contractor’s or Construction Manager’s as-built field plans. PEI will provide Record Drawings to include one complete set of 36” x 24” in PDF format. All fees for this task will be on a time and materials bases.

EXCLUDED WORK
Our work excludes providing topographic survey of roads or curb ramps; researching ROW; developing traffic control or phasing plans; coring to determine the existing pavement thickness; potholing and utility locating services; upgrading or relocating pedestrian push buttons (PPBs) to accessible pedestrian signals (APS); and providing testing, inspection or management services during construction. We also are excluding the design of in-fill sidewalks as outlined in the City’s Bike and Pedestrian Master Plan. Additionally, we exclude any complete streets studies, and any design work related to CEQA or stormwater retention/detention. Any of the excluded services can be added to our scope at any time for additional fees at the City’s request.

OBLIGATIONS
PEI’s indemnity obligations to the City on the Project shall not exceed the fees paid by the City to PEI on the Project. Neither party shall be liable to the other for any incidental, indirect or consequential damages.

PROPOSED WORK SCHEDULE
We have reviewed the City’s proposed schedule and we are committed to deliver bid ready documents by April 2024 in order to begin construction in Summer of 2024. For this project, PEI anticipates having the staff and resources necessary to meet or exceed the proposed schedule assuming that our notice to proceed is issued by April 2023. PEI will provide a project schedule at the kick-off meeting.

TASK 1
Position Rate Hours Total
Senior Principal Engineer $260 40 $10,400
Assistant Engineer $175 40 $7,000
Senior Engineering Technician $155 16 $2,480
Est. Total $19,880
TASK 2
Phase 2.1
Assistant Engineer $175 32 $5,600
Senior Engineering Technician $155 32 $4,960
Engineering Technician $140 32 $4,480
Est. Total $15,040
Phase 2.2
Pavement Evaluation on Landana (Allowance) $15,000
Est. Total $15,000
Phase 2.3
Assistant Engineer $175 16 $2,800
Geo -West - Monument Perpetuation Report (4 Streets) $1,610 Est. Total $4,410
TASK 3
Phase 3.1
Senior Principal Engineer $260 20 $5,200
Assistant Engineer $175 61 $10,675
Senior Engineering Technician $155 123 $19,065
Engineering Technician $140 123 $17,220
Est. Total $52,160
Phase 3.2
Senior Principal Engineer $260 4 $1,040
Assistant Engineer $175 8 $1,400
Senior Engineering Technician $155 24 $3,720
Est. Total $6,160
Phase 3.3
Senior Principal Engineer $260 1 $260
Assistant Engineer $175 1 $175
Senior Engineering Technician $155 2 $310
$745
Estimated Number of Ramps 13
Est. Total $9,685
TASK 4 BID SUPPORT SERVICES
Senior Principal Engineer $260 8 $2,080
Assistant Engineer $175 8 $1,400
Est. Total $3,480
TASK 5 CONSTRUCTION SUPPORT SERVICES
Phase 5.1
Senior Principal Engineer $260 10 $2,600
Assistant Engineer $175 40 $7,000
Est. Total $9,600
Phase 5.2
Senior Principal Engineer $260 4 $1,040
Assistant Engineer $175 24 $4,200
Senior Engineering Technician $155 24 $3,720
Est. Total $8,960
Total Estimated Project Fee:

Construction Support
As-Built Drawings
Utility Research and Coordination
Curb Ramps Quantities Only ( up to 13 Ramps) (Allowance) Est. Total Per Ramp

FEE BREAKDOWN SCHEDULE

FOR THE

CITY OF CONCORD
CITYWIDE ARTERIAL AND COLLECTOR MAINTENANCE PROJECT NO.3

PRELIMINARY ENGINEERING
Pavement Analysis (Optional)
(ESTIMATED CONSTRUCTION COST - $900K)
Measure Field Quantities
CITY PROJECT NO. 2616

PROJECT ADMINISTRATION, MEETINGS AND PUBLIC OUTREACH
$144,375
Monument Perpetuation
PLANS, SPECIFICATIONS and ESTIMATES
60%, 90% and Final PS&E Submittals

Staff Report
Date: April 11, 2023
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Mark Bustillos, Chief of Police
Prepared by: Trish Beirne, Emergency & Volunteer Services Manager [email protected]
(925) 671-3184
Subject: Considering adoption of a Resolution Authorizing the Designation of Applicant Agent Resolution to the California Governor’s Office of Emergency Services (Cal OES).

Report in Brief
The State of California Governor’s Office of Emergency Services (Cal OES) requires designation of specific staff to act on behalf of the City to request federal financial assistance in the case of a disaster. Adoption of Cal OES Designation of Applicant’s Agent Resolution for Non-State Agencies designating the City Manager, Assistant City Manager, and Director of Finance meets this requirement. Designations are in effect for three years following date of approval and filing with Cal OES. The City of Concord’s current Designation of Applicant Agent Resolution will expire on April 14, 2023.

Recommended Action
Adopt a Resolution authorizing the Designation of Applicant Agent Resolution to the California Governor’s Office of Emergency Services (Cal OES).

Background
The Robert T. Stafford Disaster Relief and Emergency Assistance Act., P.L. 93-288, as amended, 42 U.S.C. 5121 et seq., and Related Authorities as of April 2013, provides Federal financial assistance for Individual and/or Public Assistance after a Federal Major Disaster or Emergency Declaration is proclaimed. Public Assistance can include response, recovery, and mitigation after an Emergency or Major Disaster Declaration.

Individual Assistance can include recovery and/or mitigation after a Major Disaster Declaration is proclaimed.

9.d

City Council Agenda Report
Agenda Item No. 9.d
April 11, 2023
Analysis
The California Office of Emergency Services (Cal OES) Form 130 authorizes the positions listed to provide assurances and execute agreements for and on behalf of the City of Concord for the purpose of obtaining certain Federal financial assistance, under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, P.L. 930288, as amended, 42 U.S.C. 5121 et seq., and Related Authorities as of April 2013, and/or State financial assistance under the California Disaster Assistance Act (CDAA).

Adopting and filing the State of California Office of Emergency Services Designation of Applicant’s Agent Resolution for Non-State Agencies will allow the City of Concord to process federal funding in the form of grants and/or disaster reimbursement for a period of three years. After that date, a new resolution will need to be adopted, reconfirming or changing the designations, and be refiled with the State of California.

Should the City Council not make the designations, the City of Concord could file a Disaster Proclamation with the State of California and would still be able to apply for federal funding assistance in the case of a disaster; however, the funds would not be awarded until a Designee Agent is filed with the Governor’s Office of Emergency Services.

Financial Impact
The State requires this documentation for the City to Receive State and/or Federal financial assistance.

Public Contact
The City Council Agenda was posted.

Attachments

1. Resolution designating Applicant’s Agent

2. Cal OES 130 Form – Designation of Applicant’s Agent Resolution for NonState Agencies

Res No. 23-XX 1

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Authorizing the Designation of
Applicant Agent Resolution to the California
Governor’s Office of Emergency Services (Cal OES) Resolution No. 23-XX /
WHEREAS, the State of California Governor’s Office of Emergency Services requires the formal filing of a resolution which authorizes designated agents to act on behalf of the agency in the event of a major disaster or for requesting federal financial assistance; and WHEREAS, the titled agents in this resolution will be authorized to provide assurances and execute agreements for and on the behalf of the City of Concord, a public entity established under the laws of the State of California, Emergency Management Agency for the purpose of obtaining certain federal financial assistance under Public Law 93-288 as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and/or state financial assistance under the California Disaster Assistance Act; and
WHEREAS, the Disaster Mitigation Act of 2000 (Public Law 106-390) established new requirements for pre- and post-disaster hazard mitigation programs; and WHEREAS, this is a universal resolution, and is effective for all open and future disaster, up to three (3) years following the date of approval.

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

Section 1. The titles of City Manager, Assistant City Manager and Finance Director are Authorized Agents for the City of Concord under the Designation of Applicant’s Agents Resolution for Non-State Agencies with the State of California Governor’s Office of Emergency Services.

Section 2. This resolution hereby authorizes the above titled Agents to provide to the Governor’s Office of Emergency Services for all matters pertaining to such state disaster assistance, the assurances and agreements required, including the authority to execute associated agreements and other documents for and on the behalf of the City of Concord. Furthermore, this is a universal Attachment 1

Res No. 23-XX 2
resolution and is effective for all open and future disasters up to three (3) years following the date of approval below.

Section 3. This resolution shall become effective immediately upon its passage and adoption.

PASSED AND ADOPTED by the City Council of the City of Concord on April 11, 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 April 11, 2023.

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney

STATE OF CALIFORNIA
GOVERNOR’S OFFICE OF EMERGENCY SERVICES
Cal OES 130
Cal OES ID No: ______________________

DESIGNATION OF APPLICANT'S AGENT RESOLUTION

FOR NON-STATE AGENCIES

BE IT RESOLVED BY THE OF THE
(Governing Body) (Name of Applicant)

THAT , OR
(Title of Authorized Agent)
, OR
(Title of Authorized Agent)
(Title of Authorized Agent)
is hereby authorized to execute for and on behalf of the , a public entity (Name of Applicant)
established under the laws of the State of California, this application and to file it with the California Governor’s Office of Emergency Services for the purpose of obtaining certain federal financial assistance under Public Law 93-288 as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and/or state financial assistance under the California Disaster Assistance Act.

THAT the ________________________________________________, a public entity established under the laws of the State of California, (Name of Applicant)
hereby authorizes its agent(s) to provide to the Governor’s Office of Emergency Services for all matters pertaining to such state disaster assistance the assurances and agreements required.

Please check the appropriate box below:

This is a universal resolution and is effective for all open and future disasters up to three (3) years following the date of approval below.

This is a disaster specific resolution and is effective for only disaster number(s) ________________________ Passed and approved this day of , 20
(Name and Title of Governing Body Representative)
(Name and Title of Governing Body Representative)
(Name and Title of Governing Body Representative)

CERTIFICATION
I, , duly appointed and of
(Name) (Title)
, do hereby certify that the above is a true and correct copy of a (Name of Applicant)
Resolution passed and approved by the of the
(Governing Body) (Name of Applicant)
on the day of , 20 23 .
(Title)

(Signature)
Cal OES 130 (Rev.9/13)
Attachment 2

STATE OF CALIFORNIA
GOVERNOR’S OFFICE OF EMERGENCY SERVICES
Cal OES 130 - Instructions
Cal OES Form 130 Instructions
A Designation of Applicant’s Agent Resolution for Non-State Agencies is required of all Applicants to be eligible to receive funding. A new resolution must be submitted if a previously submitted Resolution is older than three (3) years from the last date of approval, is invalid or has not been submitted.

When completing the Cal OES Form 130, Applicants should fill in the blanks on page 1. The blanks are to be filled in as follows:

Resolution Section:

Governing Body: This is the group responsible for appointing and approving the Authorized Agents.

Examples include: Board of Directors, City Council, Board of Supervisors, Board of Education, etc.

Name of Applicant: The public entity established under the laws of the State of California. Examples include: School District, Office of Education, City, County or Non-profit agency that has applied for the grant, such as: City of San Diego, Sacramento County, Burbank Unified School District, Napa County Office of Education, University Southern California.

Authorized Agent: These are the individuals that are authorized by the Governing Body to engage with the Federal Emergency Management Agency and the Governor’s Office of Emergency Services regarding grants applied for by the Applicant. There are two ways of completing this section:

1. Titles Only: If the Governing Body so chooses, the titles of the Authorized Agents would be entered here, not their names. This allows the document to remain valid (for 3 years) if an Authorized Agent leaves the position and is replaced by another individual in the same title. If “Titles Only” is the chosen method, this document must be accompanied by a cover letter naming the Authorized Agents by name and title. This cover letter can be completed by any authorized person within the agency and does not require the Governing Body’s signature.

2. Names and Titles: If the Governing Body so chooses, the names and titles of the Authorized Agents would be listed. A new Cal OES Form 130 will be required if any of the Authorized Agents are replaced, leave the position listed on the document or their title changes.

Governing Body Representative: These are the names and titles of the approving Board Members.

Examples include: Chairman of the Board, Director, Superintendent, etc. The names and titles cannot be one of the designated Authorized Agents, and a minimum of two or more approving board members need to be listed.

Certification Section:

Name and Title: This is the individual that was in attendance and recorded the Resolution creation and approval.

Examples include: City Clerk, Secretary to the Board of Directors, County Clerk, etc. This person cannot be one of the designated Authorized Agents or Approving Board Member (if a person holds two positions such as City Manager and Secretary to the Board and the City Manager is to be listed as an Authorized Agent, then the same person holding the Secretary position would sign the document as Secretary to the Board (not City Manager) to eliminate “Self Certification.”
Cal OES 130 (Rev.9/13) Page 2

Staff Report
Date: April 11, 2023
To: City Council
From: Valerie J. Barone, City Manager
Prepared by: Justin Ezell, Assistant City Manager
[email protected]
(925) 671-3155
Subject: Considering approval of a five-year License Agreement with Markham Regional Arboretum Society for the purpose of
planning, funding, and implementing improvement and
maintenance projects and community gardens in coordination with the City; and authorizing the City Manager to sign the agreement in a form acceptable to the City Attorney.

CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(2), 15061(b)(3), 15301 – Existing Facilities, 15302 – Replacement or Reconstruction, 15303 – New
Construction and Small Structures, 15304 – Minor Alterations to Land, 15305 – Minor Alterations in Land Use Limitations, 15323 – Normal Operations of Facilities for Public Gatherings, 15327 – Leasing New Facilities, and/or Public Resources Code Section 21065.

Report in Brief
As far back as 1981, the City of Concord has collaborated with the Markham Regional Arboretum Society (MRAS) to improve and maintain Markham Park, including the planting and care of the many varieties of plants and trees located throughout the park, and the operation of a community garden within Markham Park. MRAS wishes to expand their volunteerism within the community by building, operating, and maintaining additional community gardens in City parks, beginning with Hillcrest Park. The recommended license agreement allows this to occur by replacing a 2008 lease agreement with MRAS, with the scope and responsibility of the organization initially expanding to a portion of Hillcrest Park, with the option to expand to others.

9.e

City Council Agenda Report
Agenda Item No. 9.e
April 11, 2023
Recommended Action
Approve a five-year License Agreement with Markham Regional Arboretum Society for the purpose of planning, funding, and implementing improvement and maintenance projects and community gardens in coordination with the City; and authorize the City Manager to sign the agreement in a form acceptable to the City Attorney.

Background
Markham Park is a roughly 16-acre park extending from the end of La Vista Way to Cowell Road. The City acquired a portion of the park from Ira and Bea Markham in 1966. Bea Markham was an avid gardener. The Markham family continued to live on the property subsequent to the City purchasing it, providing maintenance and care for Bea’s garden, which boasted a variety of international plants and trees. Bea Markham died in 1979 and the City named the park in her honor.

Following the 1981 establishment of the Markham Regional Arboretum Society and continuing for the next 40-years, the City and MRAS have worked together to expand the international garden, while completing many other improvements at the park. MRAS has contributed countless volunteer hours for this purpose – the organization helped cultivate a special and unique place for all of the Concord community to enjoy.

Included in volunteer work conducted by MRAS is the operation and management of community garden plots located at Markham Park. The garden plots allow members of the Concord community to grow their own fruits and vegetables in a communal setting.

MRAS oversees operations by implementing rules and holding gardeners accountable, in addition to managing a waitlist of folks wishing to have access to the limited number of garden plots. Gardeners pay MRAS $80 per year for a plot, with the funds being used by MRAS for insurance coverage and other associated costs.

Hillcrest Park is a roughly 30-acre park located at Olivera Road and Grant Street.

Situated at the park is the Don Fernando Pacheco Adobe. The park has two baseball diamonds, a soccer field, disc golf course, all-abilities children’s playground, creek, restroom, and other natural features. For approximately two years, staff from the Public Works Department and members of the Concord community have discussed the establishment of a community garden at the park.

Analysis
By Council approving the recommended license agreement, MRAS will continue their volunteer work by planning, funding, and implementing improvement and maintenance projects at Markham Park, in addition to operation and management of the community gardens within Markham Park.

In addition, the license agreement expands MRAS scope by including a portion of Hillcrest Park where the organization intends to construct and operate a second community garden in partnership with the City and other volunteers within the

City Council Agenda Report
Agenda Item No. 9.e
April 11, 2023
community. MRAS is planning for approximately 50 garden plots that are 25’ x 25’ in size (there are 30 garden plots of the same size at Markham Park). No City costs are involved with the Hillcrest Park project, other than incidental staff time and the provision of water.

The City Manager’s Office has been working closely with the Public Works Department and MRAS in order to bring this idea of a Hillcrest Park Community Garden to life.

Public Works identified the area where a community garden can be located at Hillcrest at the eastern edge of the park, adjacent to the Via Delta de Anza Trail. Location choices matter because there needs to be an ability to provide water and access to the site, without disrupting other major activities within the park. The City’s Parks, Recreation, and Open Space Commission provided favorable feedback during an October 13, 2021 staff presentation on the Hillcrest Park Community Garden.

Construction of the Hillcrest Park Community Garden cannot occur until the stormwater improvement project at the park is either complete or at a point where there are no conflicts between the two projects, this is expected to occur in July 2023.

The proposed license agreement is written such that MRAS may continue performing their volunteer work at Markham Park, similar to what they have done for the last forty years. The major addition to the previous lease agreement is the inclusion of scope and responsibility to construct, operate, and maintain community garden plots at other City parks, beginning with Hillcrest. Once constructed, the community garden plots at Hillcrest will be open to all Concord residents. Because the total number of plots will be limited to the available space, MRAS will form and manage a waitlist of community members wishing to participate in the communal gardens.

MRAS envisions that multiple community gardens could be constructed throughout the City. The proposed agreement is written such that the City and MRAS may mutually agree to add additional community gardens on property owned or under the control of the City by amending the License Area that is an exhibit to the agreement. If additional community gardens were added by amending the License Area they would be operated under all the same terms and conditions as Markham Park and Hillcrest Park.

Financial Impact
There are no costs identified with the staff recommendation, other than incidental costs associated with staff time.

Environmental Determination
Pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(2), and/or 15061(b)(3), City Council action on this item is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, as it will not result in a direct or reasonably foreseeable indirect physical change in the environment, and falls within the “common sense” exemption set

City Council Agenda Report
Agenda Item No. 9.e
April 11, 2023
forth in CEQA Guidelines Section 15061(b)(3), excluding projects 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.” In the alternative, the license agreement is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15301 – Existing Facilities, 15302 -- Replacement or Reconstruction, 15303 – New Construction or Small Structures, 15304 – Minor Alterations to Land, and/or 15305 – Minor Alterations in Land Use Limitations, 15323 – Normal Operations of Facilities for Public Gatherings, and/or 15327 – Leasing New Facilities.

Public Contact
The City Council Agenda was posted.

Attachments

1. Proposed License Agreement with Markham Regional Arboretum Society, with Exhibits A-C

LICENSE AGREEMENT
This License Agreement (“Agreement”) is entered into on _____________, 2023 (Effective Date”) between the City of Concord, a California municipal corporation (“City”) and Markham Regional Arboretum Society, a 501(c)(3) non-profit corporation (“Licensee”).

Recitals
A. City owns certain real property generally located in the 1200 block of La Vista Avenue, Concord, CA, (APNs 132-060-003 and 132-070-016) known as Markham Park and at 2050 Olivera Road, Concord, CA (APNs 110-130-011, 110-550-013, and 110-550-012) known as Hillcrest Park (“Property”).

B. Licensee would like to obtain a temporary, non-exclusive, and limited right, privilege, and permission to use portions of the Property as shown on Exhibit A (“License Area”) for the purposes detailed below in 1.a. in this Agreement.

C. City is willing to allow such use pursuant to the terms of this Agreement.

Terms and Conditions
NOW, THEREFORE, in consideration of the mutual promises herein contained, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City and Licensee agree as follows:

1. License
A. Grant of License. City hereby grants to Licensee a non-exclusive and limited right, privilege, and permission to use the License Area (including reasonable access to the License Area) for the following activities:
1) Manage community gardens in License Area (as specifically described in this License Agreement), including planning, funding, and maintaining community gardens and related infrastructure in coordination with the City;
2) Grow plants (primarily food and habitat crops) in community gardens within the License Area for the personal enjoyment of and consumption by community garden plot holders and their households, and potential gifting of excess crops to foodbanks and the greater community at large;
3) Hold meetings and gardening-related classes: Use office space, classroom space, and the greenhouse/grounds areas at 1202 La Vista Avenue for meetings and gardening-related classes;
4) Maintain Markham Arboretum gardens (that were planned and installed by MRAS), mainly the International Garden, but also the grounds of 1202 La Vista Avenue, and adjacent succulent and cactus Attachment 1

gardens:
a. Store and use garden tools for watering, trimming, weeding, and other maintenance activities;
b. In coordination with city staff, perform maintenance work in gardens, including organizing and overseeing volunteers working in the gardens;
5) Miscellaneous with prior City approval: perform other community garden-related activities as coordinated and agreed with the City in writing, acting by and through the Director of Public Works; This License Agreement shall be subject to all leases, subleases, easements, restrictions, and reservations now or subsequently pertaining to the License Area, the Property, or any portion thereof. Parties may mutually agree to add additional community gardens on property owned or under the control of the City by amending License Area, to be operated under all terms and conditions of this Agreement, subject to approval of the City.

B City Access. Licensee agrees that the City or its appointed representatives shall have access to the License Area at all times. City shall have the unrestricted right to observe all activities by Licensee and/or any Licensee Party at the Property. “Licensee Party” means any of Licensee’s partners, officers, officials, volunteers, shareholders, members, employees, agents, invitees, representatives, contractors, subcontractors, sub-licensees, successors, assigns, consultants, experts, and any other person or entity affiliated with Licensee or under Licensee’s direction or control.

C. Condition of Property. Licensee represents and warrants that Licensee has inspected and examined the License Area and accepts the License Agreement in its present “as is” condition. Licensee acknowledges and agrees that neither City, nor anyone acting for or on behalf of City, has made any representations, warranties, or promises to Licensee, or to anyone acting for or on behalf of Licensee, concerning the condition of the License Area, the Property, any portion thereof, or any other aspect thereof including any structures or improvements located thereon, the availability of utilities, or the absence or presence of hazardous materials. Licensee shall keep the License Area in a clean, orderly and sanitary condition to the satisfaction of the Public Works Director or designee. Licensee agrees to take proper care to maintain and preserve the property of City. Upon expiration or other termination of this Agreement, Licensee shall remove all of its employee vehicles and other temporary installations from and shall repair and restore the License Area, the Property, and all portions thereof, and shall peaceably surrender such areas to the City clean and good condition, work and transformations consistent with mutually agreed upon work plans or the Master Plan excepted.

D. Risk of Loss. City assumes no responsibility for loss or any damage to the property of the Licensee or Licensee’s employees, including theft, vandalism or other property loss or damage incurred as a result of Licensee’s use of the License Area.

E. Advertising. Licensee shall not at any time display any advertising sign without City’s prior written approval, which City may condition or withhold in its sole discretion.

2. Term. The term of this License Agreement shall be for a period of five (5) years commencing on April 11, 2023 (“Commencement Date”) and expiring on April 10. 2028. The term may be extended by the parties upon mutual written agreement by the parties. The City Manager is authorized to execute such renewal or extension of the License Agreement, and is further authorized to terminate this Agreement at any time or remove any portion of the License Area in Exhibit A from this Agreement. This AGREEMENT shall take effect on the date set. If CITY should elect to terminate this AGREEMENT, Licensee agrees to immediately cease all operations and activities on the Licensed Area.

3. Possessory Taxes. Licensee acknowledges and agrees to pay when due any taxes of any kind and every nature, including but not limited to possessory interest tax that may be imposed upon the License Area or Licensee’s use thereof pursuant to Revenue and Taxation Code Section 107.6.

4. Consideration. The consideration for this AGREEMENT in exchange for Licensee’s use of the Licensed Area shall be Licensee’s provision of gardeningassociated recreational activity, programming and services, and maintenance and/or repair of the Licensed Areas, at no cost to City, pursuant to the terms and conditions of this Agreement and in accordance with all policies for recreation and/or park purposes, together with the attendant benefits to the people of the City of Concord.

5. Improvement Maintenance Projects and Community Gardens. “Improvement maintenance projects and community gardens” means the planting and care of plants and trees, and all improvements needed for plant and tree care such as irrigation and plumbing, trimming and removal, fertilizing, mulching, educational kiosks, and other horticultural activities, in addition to staking out and assigning community garden plots and installing fences in locations approved by the City, and collection of fees to cover costs for said activities performed within the License Area. Absent an amendment or modification of this Agreement, no activities other than those described above are allowed. No other alterations (including temporary or permanent structures, changes and/or additions) shall be made to the License Area, the Property, or any portion thereof, and no other work or activities shall be allowed without City’s prior written consent, which City may condition or withhold in its sole discretion. Licensee shall provide City with at least thirty (30) days prior written notice before conducting any work beyond gardening in existing gardening beds. All work and all other activities pursuant to this Agreement shall be at the sole cost and expense of Licensee.

6. Conditions. The term “conditions” means the following:

A. City and Licensee have developed and maintained Markham Park License Area in accordance with the Master Plan. A copy of the Master Plan is on

file in the Office of the City Clerk.

B. City agrees to provide License Area for the purpose of developing community gardens; Licensee agrees to operate and maintain community gardens at its own expense in accordance with Exhibit B.

C. During the first quarter of each calendar year, City and Licensee will mutually develop a work plan for License Area improvements and maintenance for the year.
(1) The work plan will indicate what improvements and/or maintenance each party plans to perform within License Area for that year.
(2) The work plan shall be considered a guideline only, and neither party shall be under any obligation to actually undertake any project thus identified.
(3) City shall have ultimate authority to approve, deny, or modify work plan activities.
(4) Licensee shall not undertake any work identified in the work plan until it has received written authorization from City, which shall be granted by January 31st of each calendar year.

D. Licensee guarantees that prior to any person performing Licensee activities will sign City Volunteer Waiver (Exhibit C).

E. Licensee shall have no authority to supervise, direct, or order the work of City or its employees.

F. City shall at all times have full authority to determine specific outcomes to be achieved by all work performed under this Agreement, but in respect to Licensee, its members, and any non-members working on Licensee’s behalf, including but not limited to contractors and employees of the Licensee, City shall have no authority to control the means by which such outcomes are accomplished. As used herein the term “specific outcomes” shall mean the work plan developed for the License Area.

G. Licensee, its members, volunteers, and any non-members working on the Licensee’s behalf, including but not limited to contractors and employees of Licensee, are not and shall not be deemed to be employees of City. To the extent applicable, Licensee and its contractors shall comply with all State and Federal laws pertaining to employment and compensation of their employees or agents, including the provision of Workers Compensation.

H. Absent an amendment or modification of this Agreement, no activities other than those described above are allowed. No alterations except those mutually agreed in the work plan (including temporary or permanent structures, changes and/or additions) shall be made to the License Area, the Property, or any portion thereof, and no other work or activities shall be allowed without City’s prior written consent, which City may condition or withhold in its sole discretion.

7. Coordination. The Public Works Department shall manage the coordination of

activities between City and Licensee.

8. Volunteer Status. All work performed by Licensee, its members and any nonmembers working on Licensee’s behalf, including but not limited to contractors and employees of Licensee, shall in relation to City be entirely voluntary in nature, and City shall not provide any remuneration, meals, transportation, lodging, or incidental expenses to Licensee or aforementioned members or non-members for such work.

9. Permits for Use of License Area. Permits for public use of the License Area, excepting the permitting of community garden plots as described in Exhibit B, shall be issued by the City.

10. Ownership of Capital Improvements and Personal Property. Without regard to the manner in which they are financed, all permanent structures, buildings, roadways, walkways, parking facilities, permanent plantings, fences, and all other capital improvements to the License Area shall, by virtue of their installation, construction or attachment become the property of City, and Licensee shall have not title to them.

Licensee may from time to time purchase or supply items of personal property for use in the License Area or in connection with License Area activities. All such items shall remain the property of Licensee and City shall have no title or claim thereto. Each such item of personal property shall be clearly labeled as belonging to Licensee.

11. Indemnification. The following obligations are in addition to those imposed by applicable provisions of the Concord Municipal Code. Licensee agrees to and shall defend (with independent counsel approved by the City), indemnify and hold harmless the City, its officers, officials, employees, agents, representatives and volunteers (each, a “City Party”) from and against any and all claims, demands, actions, losses, damages, injuries, and liability, including all attorney’s fees, expert fees, consultant fees, and other litigation costs and expenses (“Claims”) arising out of or connected in any way with: (a) the Permitted Use; (b) Licensee’s or any Licensee Party’s activities on or about, operation of, access to, and/or use of, the License Area, the Property, or any portion thereof; (c) this Agreement; or (d) Licensee’s or any Licensee Party’s performance, nonperformance, breach, or default under this Agreement (individually and collectively, “Activities”), except to the extent caused by City’s sole or active negligence or willful misconduct.

12. Insurance. Licensee 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. Licensee 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. Licensee shall maintain automobile liability insurance covering all vehicles used in the performance of this Agreement providing a one million dollar ($1,000,000) combined single limit per occurrence

for bodily injury, personal injury, and property damage.

C. Compliance with State Workers’ Compensation Requirements.

Licensee covenants that it will insure itself against liability for Workers’ Compensation pursuant to the provisions of California Labor Code §3700, et seq. Licensee 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 Licensee for City. This provision shall not apply upon written verification by Licensee that Licensee has no employees, which is contained in Exhibit D and shall be confirmed annually.

D. 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 Licensee and operations of Licensee, premises owned, occupied, or used by Licensee. 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. Licensee shall also provide timely and prompt notice to City if Licensee receives any notice of cancellation or nonrenewal from its insurer.
(2) Primary Coverage. Licensee’s insurance coverage shall be 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 Licensee’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. Licensee 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.

13. Compliance With Laws. Licensee shall at all times comply with, and shall pay all costs and expenses which may be incurred or required to be paid in order to comply with, any and all laws, statutes, ordinances, rules, regulations, permitting requirements, labor codes, prevailing wage requirements, hazardous materials laws, the Americans with Disabilities Act of 1990, 42 U.S.C. §12101 et seq., covenants and restrictions of record, life and fire safety and similar requirements, including those of the State of California, the County of Contra Costa, the City of Concord, or other applicable authority, all as amended from time to time (“Laws”) which apply to any Licensee Activities, including those requiring payment of any fees, charges or assessments arising out of or in any way related to any Activities or any portion thereof as a source of adverse environmental impacts or effects. Licensee shall not permit or suffer any mechanic’s lien to be filed against the License Area, the Property, any portion thereof, or any interest therein, and shall immediately discharge any such lien. Licensee agrees to and shall protect, defend (with independent counsel approved by the City), indemnify and hold harmless the City and each City Party from and against any and all Claims arising out of or connected in any way with any such lien, except to the extent caused by City’s sole or active negligence or willful misconduct.

14. Environmental Matters.

A. Definitions. “Hazardous Materials” means hazardous waste (as defined in 42 U.S.C. 16901, et seq.), hazardous substance (as defined in 42 U.S.C. §9601, et seq.), and any other hazardous, toxic, radioactive, carcinogenic, or prohibited materials, substances or wastes. “Hazardous Materials Laws” means all Laws concerning the management, use, generation, storage, transportation, presence, discharge or disposal of Hazardous Materials.

B. Generator. City shall not be identified on any documents or otherwise as the generator of any materials or wastes on any manifests or similar documents regarding any Hazardous Materials, or any other materials or wastes resulting from the Work.

C. Compliance with Hazardous Materials Laws. Licensee shall, at its sole cost and expense, comply with all Hazardous Materials Laws. Neither Licensee nor any Licensee Party shall use, handle, store, transport, release or dispose of any Hazardous Materials anywhere in, on, under or about the License Area, the Property, or any portion thereof. Licensee shall cause any and all Hazardous Materials brought onto, used, generated, stored or discharged in, on, under or about the License Area, the Property, or any portion thereof to be removed from the License Area, the Property, and all portions thereof, and transported for disposal in accordance with applicable Hazardous Materials Laws. City shall have the right to conduct tests, inspections and surveys concerning Hazardous Materials and to monitor Licensee’s compliance with its obligations concerning Hazardous Materials and Hazard Materials Laws. Licensee shall immediately notify City in writing of any voluntary clean-up or removal action instituted or proposed by Licensee, any enforcement, clean-up, removal or other governmental or regulatory action instituted or threatened, or any claim made or threatened by any person against Licensee, the License Area, the Property, or any portion thereof, relating to Hazardous

Materials or Hazardous Materials Laws. Licensee shall also supply to City as promptly as possible, and in any event within five (5) business days after Licensee receives or sends same, copies of all claims, reports, complaints, notices, warnings or asserted violations concerning Hazardous Materials or Hazardous Materials Laws which in any way relate to any of the Activities.

D. Indemnification for Hazardous Materials. In addition to the indemnification provision set forth in Section 10 above, except to the extent caused by City’s sole or active negligence or willful misconduct, Licensee agrees to and shall defend (with independent counsel approved by the City), indemnify and hold harmless the City and each City Party from and against any and all Claims (including investigation, removal, remediation, cleanup and monitoring costs), asserted against or incurred at any time and from time-to-time by reason of or arising out or connected in any way with (a) the presence or release of any Hazardous Materials in, on, under or about the License Area, the Property, or any portion thereof; (b) any Activities; (c) the use, generation, storage, treatment, handling, transportation, disposal or release of any Hazardous Materials by or for Licensee or any Licensee Party; or (d) the violation of any Hazardous Materials law by Licensee or any Licensee Party. Such indemnity obligation shall include any Claims for tangible or intangible property damage; compensation for lost wages, business income, profits or other economic loss; damage to the natural resource or the environment; nuisance; trespass; and/or contamination, leak, spill, release or other adverse effect on the environment.

15. 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.

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

17. Enforceability; Interpretation. All duties and obligations of Licensee hereunder shall also be deemed to the duties and obligations of each Licensee Party, and Licensee shall be responsible for any breach of any provision of this Agreement by any Licensee Party. In the event that any of the provisions or portions of application of any of the provisions of this Agreement are held to be illegal or invalid by a court of competent jurisdiction, City and Licensee shall negotiate an equitable adjustment in the provisions of this Agreement with a view toward affecting the purpose of this Agreement. The illegality or invalidity of any of the provisions or portions of application of any of the provisions of this Agreement shall not affect the legality or enforceability of the remaining provisions or portions of application of any of the provisions of this

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

Each party has received independent legal advice from its attorneys with respect to the advisability of executing this Agreement and the meaning of the provisions hereof.

Headings used in this Agreement are for convenience of reference only and shall not be used in construing this Agreement. Where the context so requires, the use of the singular shall include the plural and vice versa. The words “include” and “including” shall be interpreted as though followed by the words “without limitation.”

18. Integration. The recitals and any exhibits attached to this Agreement are incorporated by reference as though fully restated herein. This Agreement contains the entire agreement and understanding between the parties as to the subject matter of this Agreement, and merges and supersedes all prior or contemporaneous agreements, commitments, representation, writings, and discussions between Licensee and City, whether oral or written.

19. Successors and Assigns; No Third Party Beneficiaries; No Joint Venture.

Licensee binds itself and its successors and assigns to the terms and obligations of this Agreement. Licensee shall not assign or transfer any interest in this Agreement without the City’s prior written consent, which City may condition or withhold in its 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, or any joint venture, partnership, employment, or agency relationship between the parties.

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

To City: City of Concord
Attention: Public Works Director
1455 Gasoline Alley, Concord, CA 94520
Telephone: (925) 671-3231
Email: [email protected]
To Licensee: Rick Rickenbacher, President
Markham Arboretum Society
P.O. Box 21338, Concord, CA 94521
Telephone: (925) 681-2968
Email: [email protected]

21. Non-Liability. Neither City nor any City Party shall be personally liable to Licensee or otherwise in the event of any default or breach of the City, or for any amount

which may become due to Licensee or any successor in interest, or for any obligations directly or indirectly incurred under the terms of this Agreement.

22. Execution; Counterparts; Amendment. Each individual or entity executing this Agreement on behalf of Licensee represents and warrants that he or she or it is duly authorized to execute and deliver this Agreement on behalf of Licensee and that such execution is binding upon Licensee. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. This Agreement may be amended or modified only by a writing duly executed by authorized representatives of both parties, and made and approved in compliance with the City of Concord Municipal Code.

23. No Title; No Recording. Nothing in this Agreement or any activities pursuant to this Agreement shall convey or create in Licensee any right, title or interest in the License Area, the Property, or any portion thereof. Licensee may not record this Agreement or a memorandum referring to this Agreement without City’s prior written consent, which City may condition or withhold in its sole discretion.

24. Survival. The terms and conditions of the following Sections shall survive any termination or expiration of this Agreement: Section 10 (Indemnification), Section 11 (Insurance), Section 12 (Compliance with Laws), Section 13 (Environmental Matters), Section 14 (Choice of Law), Section 20 (Non-Liability), and Section 23 (Survival).

IN WITNESS WHEREOF, City and Licensee have respectively entered into this Agreement as of the Effective Date.

LICENSEE: CITY:

MARKHAM ARBORETUM SOCIETY,
a 401(c)(3) non-profit organization

CITY OF CONCORD,
a California municipal corporation
By: By:

Rick Rickenbacher: Valerie J. Barone, City Manager
Its President
ATTEST:

By:

Joelle Fockler, MMC, City Clerk

APPROVED AS TO FORM:

By:

Susanne Meyer Brown, City Attorney

Exhibit A to Attachment 1
License Area
License Area – Markham Park

Exhibit A to Attachment 1
License Area
License Area – Hillcrest Park

Exhibit B to Attachment 1
License Agreement with Markham Arboretum Society
Community Garden Procedures

1. Markham Arboretum Society (MRAS) shall coordinate with the City of Concord (CITY) in establishing community gardens (CG) in the License Areas. a. The City Manager will designate in writing a City employee (“Designated Employee”) to be the CG point of contact. The Designated Employee will identify appropriate CG locations within the License Area and all such CG locations shall be memorialized by attaching a map with the specific layout that shall be signed by both the Designated Employee and Licensee, with a copy maintained with and incorporated into this Agreement.
i. No new or additional CG locations will be created in any License Area without the express written authorization of the Designated Employee. ii. At Hillcrest Park, Licensee acknowledges that any gardening at the Hillcrest Park License Area will commence at the point that the Designated Employee informs MRAS that the construction is complete and the License Area is ready for gardening.
b. MRAS will develop an internal structure for the CG, including i. Utilizing MRAS documents and other available resources to develop member rules, guidelines, and organizational structure. ii. Designing a garden layout and irrigation plan.
iii. Establishing, at a minimum, liaison and treasurer support roles, and potentially other roles as pertain to the CG organizational structure. iv. Establish a support to team to help run and manage the garden.

1. This team will fine-tune garden management and a structure for community involvement, with advice from MRAS, Contra Costa County Master Gardeners, and the City CG point of contact. c. MRAS will ensure completion of volunteer waiver forms for all persons performing MRAS activities, including, but not limited to CG activities. d. MRAS will coordinate and manage resident signups and waiting lists for CG.

PW/Parks/Forms/Volunteer Waiver Mar2019
City of Concord
Public Works Department/Parks Division

WAIVER AND RELEASE FROM LIABILITY/ASSUMPTION OF RISK
I, the undersigned, wish to serve as a volunteer to the City of Concord / Community Plot Holder of Markham Regional Arboretum Society, participating in the following general activities:

To perform physical laboring tasks to assist with basic grounds keeping in the maintenance or alteration of landscaped or other areas, participation in community garden program or with public works maintenance and construction activities: performs related and other work as required.

I agree to defend, indemnify, and hold harmless the City of Concord and/or Markham Regional Arboretum Society, their representatives, agents, employees, and volunteers for any loss, claim, injury, or damage arising out of my service.

I am aware that serious accidents, injuries and death occasionally occur during activities such as those identified above. Potential hazards include, but are not limited to, the use of herbicides and/or insecticides and risk of injury for the use of tools and garden equipment. In consideration of my participation in said activity/those activities, I knowingly and voluntarily assume all risks arising therefrom, and release the City of Concord, and its officers, representatives, agents, employees and volunteers, from any and all claims, liens, damages, lawsuits, or liability for property damage, injury or death, resulting from, arising out of, or in any way connected with my participation in said activity/activities, and/or from my service as a volunteer.

I agree and acknowledge that this Waiver and Release From Liability/Assumption of Risk Agreement shall apply even in the event that negligent acts or omissions (other than sole, active negligence) on the part of the City of Concord, its officers, agents, employees, or volunteers may have caused or contributed to the death, injury or property damage.

I agree that this Waiver and Release from Liability/Assumption of Risk Agreement shall be and is binding upon my heirs, successors and assigns.

I HAVE READ THIS WAIVER AND RELEASE FROM LIABILITY/ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND IT, AND RECOGNIZE THAT IT IS A LEGALLY BINDING DOCUMENT. I SIGN THIS AGREEMENT FREELY, VOLUNTARILY, AND WITHOUT INDUCEMENT.
_________________________________________ _________________________________ Plot Holder Name (Print) Date
_________________________________________
Volunteer Name (Print)
___________________________________________________________________________________________ Address City State Zip
_(______)_____________________________________
Phone Number
_____________________________________________
Signature
If volunteer is a minor, signature of parent/guardian: __________________________________________ Minor Name (Print)
__________________________________________ _________________________________ Parent/Guardian Date
Exhibit C to Attachment 1

From: Natalie P <[email protected]>
Sent: Monday, April 10, 2023 10:20 PM
To: Concord City Council Email <[email protected]> Subject: Pull and postpone item 9e
I am requesting that item 9e be pulled and postponed until after the city has formalized criteria to determine how gardening projects are approved or denied. Projects should not be approved through favoritism or personal preferences of applicants. Likewise, projects should not be denied for personal reasons, nor reasons related to any immutable characteristics (race, disability, gender/orientation, etc) of an applicant.

Furthermore, I have concerns that a single entity is being given an exclusive contract over park space without any prior public hearing and debate. Other non-profits should have a chance to participate in the development and management of gardening spaces. The continuation and expansion of the Markham Society's contract should be predicated on the following conditions:

1. Markham Society's meetings be open to public comment and participation.

2. Markham Society partner with local non-profits that request to do so.

3. The office at Markham office be used as a seed library and resource library and open to the public.

4. Council and staff be open to hearing and investigating any complaints about Markham's processes and performance.
--Natalie
Benched Correspondence
Agenda Item No. 9e
April 11, 2023

Staff Report
Date: April 11, 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: Kevin Wheat, PE, Associate Civil Engineer
[email protected]
(925) 671-3422
Subject: Considering the following for the Pavement Maintenance Zone 5J Project (Project No. 2526), generally on the Overhill Neighborhood, north of Solano Way, east of Grant Street, and south of Hillcrest Community Park:

1. Award of a construction contract in the amount $2,922,387 to Radius Earthwork, Inc.; authorizing Staff to utilize the available project contingency for contract change orders that become necessary up to 10% of the contract amount; and authorizing the Mayor to execute the contract in a form acceptable to the City Attorney.

2. Approval of a Professional Services Agreement with Zoon Engineering MNS Engineers, Inc. in the not-to-exceed
amount of $346,453.49 (base agreement of $314,957.72 plus staff authority to spend up to a 10% contingency of
$31,495.77) to provide construction management,
inspection, and materials testing; and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney.

3. Approval of budget transfers in the total amount of
$350,000 to Project No. 2526; including $250,000 from PJ 2444 (Pavement Maintenance Zone 4, Fund 260), and
$100,000 from PJ 2556 (Pothole and Base Repair #2 Project, Fund 407).

AMENDED STAFF REPORT –
Changes in strikeout and
highlighted font.

9.f

City Council Agenda Report
Agenda Item No. 9.f
April 11, 2023

4. Authorizing the City Engineer to accept the improvements, upon completion of Project No. 2526, and directing the City Clerk to file a Notice of Completion.
(Funded by Measure V – Funds 407 & 490, and State Gas
Tax - Fund 260)
CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(2), 15061(b)(3), 15273, 15378, 15301, 15302, 15303, 15304, and/or Public Resources Code Section 21065.

Report in Brief
The Pavement Maintenance – Zone 5J Project (Project No. 2526) (Project) is on residential streets immediately south of Hillcrest Community Park, and north of Solano Way, including streets such as Overhill Road, Hilltop Road, and Avon Avenue (See Attachment 1 for a location map). The Project involves pavement maintenance and repairs, the installation of curb ramps at intersections to meet accessibility standards, installation of sidewalk gap closures, bulb-outs for pedestrian safety, curb and gutter repairs, traffic control, potholing, utility cover adjustments, restriping, and addition of a Class III bike route on Avon Avenue from Solano Way up to the trail connection to Hillcrest Community Park.

The subject Project has been designed, competitively bid (see Attachment 2 for bid summary) and is now at the point of construction contract award. If award is approved by the City Council, construction is expected to begin May this year, with completion by November 2023, weather permitting.

Construction management, inspection, and materials testing services are needed to ensure work during construction by the Contractor is performed and completed in a manner satisfactory to the project contract documents and the City of Concord. The Professional Services Agreement with Zoon Engineering is attached (Attachment 3).

Recommended Action
Considering the following for the Pavement Maintenance Zone 5J Project (Project No. 2526), generally on the Overhill Neighborhood, north of Solano Way, east of Grant Street, and south of Hillcrest Community Park:

1. Award a construction contract in the amount $2,922,387 to Radius Earthwork, Inc.; authorize Staff to utilize the available project contingency for contract change orders that become necessary up to 10% of the contract amount; 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.

City Council Agenda Report
Agenda Item No. 9.f
April 11, 2023

2. Approve a Professional Services Agreement with Zoon Engineering in the not-to-exceed amount of $346,453.49 (base agreement of $314,957.72 plus staff authority to spend up to a 10% contingency of $31,495.77) to provide construction management, inspection, and materials testing services; 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.

3. Approve budget transfers in the total amount of $350,000 to Project No. 2526; including $250,000 from PJ 2444 (Pavement Maintenance Zone 4, Fund 260), and $100,000 from PJ 2556 (Pothole and Base Repair #2 Project, Fund 407); and make the CEQA determinations as provided in this staff report.

4. Authorize the City Engineer to accept the improvements upon completion of Project No. 2526, and direct the City Clerk to file a Notice of Completion.

Background
On June 2, 2020, the City Council (Council) approved the proposed Five-Year Pavement Expenditure Plan and 2-Year CIP Budget for FY 2020/2021 and FY 2021/2022, which included the Pavement Maintenance – Zone 5J Project (Project No. 2526) (Project).

On June 1, 2021, Council approved a Five-Year Pavement Expenditure Plan Update (Plan), reflecting the significant increase in funding made available by the voters passage of Measure V and Council’s decision to use lease revenue debt financing to accelerate roadway investments. This Project is a component of that Plan. The full Plan can be viewed online on the City of Concord’s (City) website at the following link:
https://cityofconcord.org/DocumentCenter/View/5612/5-Year-Expenditure-PavementPlan.

On March 8, 2022, Council approved a Professional Services Agreement (PSA) with LCC of Martinez, California, in the not-to-exceed amount of $275,684.20 (base agreement of $250,622.00 plus Staff authority to spend up to a 10% contingency $25,062.20) to provide design, construction support, and related services for the Project.

Analysis
The City received slightly higher bids for construction than initially budgeted (see Procurement Process below), due to added scope during design, and the associated increased construction costs. Although the low bid was under the Engineer’s estimate, the project initially did not have sufficient budget to cover the added improvements. In late Fall 2022, City staff (Staff) received questions and complaints from residents and Council that there was reported speeding and sideshow activity on Overhill Road, and concern for pedestrian safety. After coordination with the Transportation Department, and in order to address pedestrian safety and help reduce speeding in the

City Council Agenda Report
Agenda Item No. 9.f
April 11, 2023
neighborhood, the project added sidewalk gap closure work on Avon Avenue, Hilltop Road, and Overhill Road. On Overhill Road, sidewalk bulb-outs with upgraded curb ramps were designed at the intersections of Overhill Road/Avon Avenue, and Overhill Road/Hillside Avenue. These features were added to the design due to the complaints received inorder to promote traffic calming, and to improve pedestrian safety in the neighborhood. Due largely to these added improvements, the project has a shortfall of $350,000 in funding to complete construction. City Staff previously identified potential budget transfers to cover the added scope if needed, and are now recommended as described below in the Financial Impact section of this report.

The project was presented to the Bicycle and Pedestrian Advisory Committee (BPAC) at a meeting held virtually via Zoom on August 10, 2022. The project improvements presented included a new Class III bike route with pavement markings and new signage on Avon Avenue from Solano Way to the entrance trail to Hillcrest Community Park at the top of Avon Avenue. Also included were additional striped crosswalks and updating the crosswalk colors to yellow with the school in close proximity. All the new curb ramps being constructed were generally presented with an overall map. The committee was supportive of the project and acknowledged the proposed work improved accessibility to the school and to Hillcrest Community Park.

Procurement Process
Construction Contract:

The Project was advertised for construction bids as required by State law and City policy. The Engineer’s Estimate for the Total Bid was $3,500,000. Bids were opened on March 9, 2023. Seven (7) bids were received in the amount ranging from $2,922,387 to 3,578,453. The basis of award for this Project is the Base Bid. The lowest bid was received from Radius Earthwork, Inc. of Campbell, CA (Radius Earthwork). A summary of the bids can be found in Attachment 2 – PJ 2526 Bid Summary.

Radius Earthwork was the low bidder and submitted a responsive and responsible bid.

Radius Earthwork has an appropriate and valid contractor’s license and satisfactory work references. They recently completed similar projects for the City of Burlingame and City of San Jose. Staff completed analysis of Radius Earthwork’s bid, determining that this contractor, along with its subcontractors, possess appropriate and valid licenses, are not on any debarred lists, and agreed to be bound by the Citywide Project Stabilization Agreement. Radius Earthwork is registered with the Department of Industrial Relations as required by SB 854. Staff has determined that a budget transfer is required to award the construction contract (see Financial Impact section).

On September 13, 2016, Council approved a Citywide Project Stabilization Agreement with the Contra Costa Building & Trades Council for City projects with a construction contract valued at over $750,000. Project No. 2526 will be subject to the requirements of the Project Stabilization Agreement as the estimated construction costs

City Council Agenda Report
Agenda Item No. 9.f
April 11, 2023
exceeded $750,000. The prospective bidders for this project were made aware of this requirement as part of the construction contract. Radius Earthwork and their subcontractors have submitted the required agreement to be bound forms for the Citywide Project Stabilization Agreement.

Construction Management
Staff issued a Request for Proposal (RFP) to select a consultant to provide construction management, inspection, and materials testing services on Monday February 6, 2023.

The RFP was advertised in the local newspaper and on the City’s Procurement Website. Three (3) proposals were received, which were reviewed and ranked by the City’s Selection Panel.

Based on the analysis of the proposals, interviews, and references, Zoon Engineering of Emeryville, CA (Zoon) was selected as the most qualified firm to provide construction management, inspection, and materials testing services for the Project. Staff and Zoon negotiated the scope of work and cost for the services and agreed upon a base amount of $314,957.72 as a fair and reasonable compensation for the services required in the RFP. Zoon’s material testing sub-consultant, Applied Materials & Engineering, Inc. (AME) has agreed to be bound to the Citywide Project Stabilization Agreement.

Financial Impact
$350,000 is needed to fund construction of the Pavement Maintenance Zone 5J Project (Project No. 2526).

The Project’s current total funding is $3,650,000 primarily of Measure V Funds (Fund 407 & Fund 490).

Budget transfers of $250,000 from PJ 2444 (Pavement Maintenance Zone 4, Fund 260), and $100,000 from PJ 2556 (Pothole and Base Repair #2 Project, Fund 407) to the Project will provide sufficient funding to proceed with construction. Both PJ 2444 and PJ 2556 are recently completed projects and this funding is available for reallocation.

Environmental Determination
Pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(2), 15061(b)(3), 15273, and/or 15378, Council action on this item is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, as it will not result in a direct or reasonably foreseeable indirect physical change in the environment. In the alternative, Council action on this item is exempt under CEQA Guidelines Sections 15301 – Existing Facilities, 15302 – Replacement and Reconstruction, 15303 – New Construction or Conversion of Small Structures, and 15304 – Minor Alterations to Land. No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. This determination reflects the City’s independent judgment and analysis. The Notice of

City Council Agenda Report
Agenda Item No. 9.f
April 11, 2023
Exemption will be filed with the County Clerk’s office following the Council action on this item.

Public Contact
The City Council Agenda was posted.

Attachments

1. Project Location Map

2. PJ 2526 Bid Summary

3. Professional Services Agreement with Zoon Engineering, with Exhibit A – Fee Proposal

ATTACHMENT 1
PAVEMENT MAINTENANCE – ZONE 5J PROJECT
PROJECT NO. 2526

PROJECT LOCATION MAP

STREETS

INCLUDED IN

PROJECT (TYP)

City of Concord
Bid Sheet
PROJECT #2526 Bid Opening:

Pavement Maintenance Zone 5J Thursday,
March 9, 2023
2:00 p.m.

City Manager's Conference Room
Engineer’s Estimate: $3,500,000 To be awarded:

COMPANY TOTAL BID
Radius Earthwork Inc
197 E Hamilton Ave, Ste. 204
Campbell, CA 95008
$2,922,387.00
Bay Cities Paving & Grading Inc.
1450 Civic Ct Bldg B #400
Concord, CA 94520
$3,070,100.00
MCK Services, Inc.

PO Box 5697
Concord, CA 94524
$3,110,033.20
McGuire Hester
2810 Harbor Bay Parkway
Alameda, CA 94502
$3,154,940.00
Ghilotti Construction Company
246 Ghilotti Ave.

Santa Rosa, CA 95407
$3,253,995.00
Argonaut Constructors
P.O. Box 639 – 360 Sutton Place
Santa Rosa, CA 95402
$3,397,707.30
Ghilotti Bros., Inc.
525 Jacoby Street
San Rafael, CA 94901
$3,578,453.00
Contact: Kevin Wheat x3422
Attachment 2

AGREEMENT FOR PROFESSIONAL SERVICES
1 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 THIS AGREEMENT (“Agreement”) is entered into on April 11, 2023 between the City of Concord (“CITY”) and Zoon Engineering, 3690 Adeline Street #3, Emeryville, Ca 94608 (“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 April 11, 2023, and expire on June 30, 2024.

2. SCOPE OF SERVICES. Subject to such policy direction and approvals provided by the CITY's Authorized Representative, CONSULTANT shall provide construction management, materials testing, and inspection services for Pavement Maintenance Zone 5J Project, Project No. 2526 described in detail in Exhibit A, a proposal from Zoon Engineering dated March 14, 2023, 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 three-hundred forty-six thousand four-hundred fifty-three dollars and forty-nine cents ($346,453.49) for the term of this Agreement. The total includes the sum of the base contract of three-hundred fourteen thousand ninehundred fifty-seven dollars and seventy-two cents ($314,957.72) and a 10% contingency of thirty-one thousand four-hundred ninety-five dollars and seventy-seven cents ($31,495.77). 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 Attachment 3

2 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 that CITY review such statement and pay CONSULTANT for services rendered within 30 days of receipt of a statement that meets all requirements of this Agreement. Payment by CITY shall not be deemed a waiver of unsatisfactory work, even if such defects were known to the CITY at the time of payment.

4. AUTHORIZED REPRESENTATIVES. Authorized representatives shall represent 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 Ernest Klock, PE, 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

3 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 waiver of any and all right to adjustment in the price or time due, whether by way of compensation, 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

4 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 care that is required by current, good, and sound procedures and practices. CONSULTANT further agrees that the services shall be in conformance with generally accepted professional standards prevailing at the time work is performed.

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

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

5 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 request, to the CITY without restriction or limitations on their use. CONSULTANT may retain copies of the above-described information but agrees not to disclose or discuss any information gathered, discussed or generated in any way through this Agreement without the written permission of CITY during the term of this Agreement, unless required by law.

10. INDEMNIFICATION.

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

6 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 liability insurance covering all vehicles used in the performance of this Agreement providing a one million dollar ($1,000,000) combined single limit per occurrence for bodily injury, personal injury, and property damage.

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

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.

7 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 (2) Primary Coverage. CONSULTANT'S insurance coverage shall be 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

8 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 notice if CONSULTANT breaches this Agreement. In the event of any termination, CONSULTANT shall promptly deliver to the CITY any and all finished and unfinished reports or other written, recorded, photographic, or visual materials, documents, data, and other deliverables (“Work Materials”) prepared for the CITY prior to the effective date of such termination, all of which shall become CITY’s sole property. After receipt of the Work Materials, CITY will pay CONSULTANT for the services 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

9 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the CITY. 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

10 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 County of Contra Costa, California.

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 thirdparty benefit. This Agreement is not intended and shall not be construed to create a joint venture or

11 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 partnership between the parties. CONSULTANT, its officers, employees and agents shall not have any power to bind or commit the CITY to any decision.

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

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

To CITY: 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: Ernest Klock
Zoon Engineering
3960 Adeline Street #3
Emeryville, CA 94608
Phone: (510) 338-6434

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

12 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 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.

27. PROJECT STABILIZATION AGREEMENT. On November 15, 2016 the City of Concord, and the Contra Costa Building and Construction Trades Council and its affiliated Unions, entered into a Project Stabilization Agreement (“PSA”) for City construction projects funded in whole or in part with City of Concord funds where the engineer’s estimate or bid amount exceeds $750,000.00 (“Project”). Among other things, the PSA includes requirements for local hire, apprentices, and the veteran Helmets to Hardhats program. Some or all of the work under this Agreement may constitute Covered Work under the PSA, and the PSA requires that Contractor/Employers who enter into a City Construction Contract for any Project sign an “Agreement to be Bound” (Addendum A to the PSA).

Therefore, as a condition of this Agreement, CONSULTANT must (i) sign the Agreement to be Bound, and (ii) require and ensure that affected contractors and subcontractors at any tiers sign the Agreement to be Bound. CONSULTANT acknowledges that it has received copy of the PSA, and has read, understood, and had the opportunity to consult with an attorney regarding the PSA. Capitalized terms in this provision are defined in the PSA; a copy of the PSA is attached hereto as Exhibit B; the original PSA is lodged with the Concord City Clerk, 1950 Parkside Drive, Concord, CA; and additional copies of the PSA may be obtained based on City’s actual costs.

13 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 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: Ernest Klock Name: Valerie Barone
Title: Principal-in-Charge Title City Manager
Address: 3960 Adeline Street #3 Address: 1950 Parkside Drive Emeryville CA, 94608 Concord, CA 94519
Telephone: (510) 338-6434 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 2023/24 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.

THE SUM OF $346,453.49
Account Code: 4909500C999-74250 / 4902526117-74250

Finance Director's Signature

City of Concord
Request for Proposals For
Construction Management And Material Testing Services For Pavement Maintenance Zone 5J Project
City Project No. 2526
Pavement Maintenance Zone 5J - Zoon Engineering - Exhibit A Projected Labor Hours By Person
Name Title Task 1.

Pre Construction
Task 2.

Construction
Task 3.

Post Construction Total Hours Billing Rate TOTAL
Ernest Klock, PE Principal-In-Charge/Resident
Engineer 24 200 8 232 $ 208.80 $ 48,441.60
Anthony Goryl, PE Assistant Resident Engineer/Office
Engineer 40 400 30 470 $ 161.86 $ 76,074.20
Brian MacRae Construction Inspector 16 800 16 832 $ 174.81 $ 145,441.92 80 1,400 54 1,534
Total Labor Costs: $ 269,957.72
Materials Testing Allowance: $ 45,000.00
TOTAL: $ 314,957.72
Notes:

1. Above hourly rates include all overhead, fringe, and profit unless otherwise noted.

2. Estimate based on a 100 working day construction duration and an additional 10 days for punch list

3. Equipment, supplies, and incidental costs included in labor rates unless otherwise noted.

4. Proposal assumes contract commencement of May 2023 and completion by or before December 2023

5. Escalation for work beyond January 2024, if necessary is not accounted for.

6. Field office costs if required to billed as other direct costs with no markup.

Exhibit A to Attachment 3

Staff Report
Date: April 11, 2023
To: City Council/City Council Sitting as the Local Reuse Authority From: Valerie J. Barone, City Manager
Prepared by: Guy Bjerke, Director of Economic Development & Base Reuse [email protected]
(925) 671-3076
Subject: Considering an amendment to the Professional Services Agreement (PSA) with Burke, Williams & Sorenson, LLP in the amount of $148,274.94 for work completed in responding to a Public Records Act request regarding the Master Developer Selection process at the former Concord Naval Weapons
Station and work to draft a new Request for Qualifications with associated documents for future Master Developer Selection establishing a new total not-to-exceed amount of $208,274.94; and authorizing the City Attorney to execute the amendment. (Original contract $60,000 from Exclusive Negotiating
Agreement (ENA) Deposit to the LRA by Concord First
Partners, LLC; this amendment $148,274.94 from LRA Loan Reserve (General Fund).

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

Report in Brief
The expense of reviewing and complying with a Public Records Act (PRA) request regarding the Master Developer Selection process exceeded the original estimated scope and budget in the Professional Services Agreement the LRA entered into with Burke, Williams & Sorenson, LLP (BWS) at the beginning of this fiscal year. BWS is also working with the LRA on the new Request For Qualifications (RFQ) and implementation of LRA direction in selecting a new master developer.

9.g

City Council Agenda Report
Agenda Item No. 9.g
April 11, 2023
To enable payment to BWS for work completed in responding to the PRA and future work on the new RFQ, staff is seeking an amendment to BWS’s PSA in the amount of $148,274.94 to be paid from LRA Loan Reserves.

Recommended Action
Approve the amendment to the Professional Services Agreement with BWS in the amount of $148,247.94 for work completed in responding to the PRA and work to draft a new Request for Qualifications with associated documents for future Master Developer Selection establishing a new total not-to-exceed amount of $208,274.94; authorize the City Attorney to execute the amendment; and make the CEQA determinations as provided in this staff report.

Background
The current Professional Services Agreement with BWS was approved by the LRA on June 28, 2022 for a not-to-exceed amount of $60,000.

At that time, staff conservatively estimated all consulting team work scopes and budgets not knowing how fast the negotiation of the Term Sheet with CFP would be concluded.

Analysis
The work under the requested amendment to the BWS PSA is in two parts:

The additional expense of BWS assistance completed in responding to the PRA is $98,274.94.

The additional work BWS will do related to the new RFQ and Master Developer Selection process will add up to $50,000 to their existing PSA.

The two parts (together with the original PSA amount of $60,000) establish a new notto-exceed amount of $208,274.94. The amendment will not extend the term of the agreement, which expires on June 30, 2023.

The requested funding increase ensures that the work performed by, and required of, BWS through June 30, 2023 can be paid by the LRA.

Financial Impact
The requested amendment increases the Reuse Project’s spending in FY 22-23 by $148,247.94. The increased spending will be paid for from the LRA Loan Reserve.

Environmental Determination
Pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15273, 15378, and, this activity 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

City Council Agenda Report
Agenda Item No. 9.g
April 11, 2023
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 as it falls within the “common sense” exemption set forth in CEQA Guidelines Section 15061(b)(3), excluding projects 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.” This determination reflects the City’s independent judgment and analysis.

Public Contact
The City Council Agenda was posted.

Attachments

1. First Amendment to Professional Services Agreement with Burke, Williams & Sorenson, LLP

FIRST AMENDMENT TO LEGAL PROFESSIONAL SERVICES AGREEMENT This First Amendment to LEGAL Professional Services Agreement (“First Amendment”) is entered into on this date, April 11, 2023, and amends the Legal Professional Services Agreement between the City of Concord (“CITY”) and Burke, Williams & Sorenson, LLP (“CONSULTANT”).

WHEREAS, CITY and CONSULTANT entered into a Legal Professional Services Agreement dated June 28, 2022 (the “Agreement”), wherein CONSULTANT agreed to provide specialized expertise in the following:

1. Scope of Work.

A. CONSULTANT shall assist and represent the CITY in all matters, including but not limited to, the following:

1. Draft and review proposed Term Sheet

2. Draft and review proposed administrative Reimbursement Agreement.

3. Advice on any related matters as directed by the LRA from time to time.

B. CONSULTANT shall obtain prior CITY approval for the retention of any subconsultants and/or expert witnesses.

WHEREAS, under Section 14 “AMENDMENT” the Agreement provides that Agreement may be amended by the parties provided that said amendment, modification, or change is in writing and approved by both parties.

WHEREAS, the parties mutually desire to amend the Agreement to increase the expenditure cap to cover the cost of additional services.

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

1. The not to exceed expenditure cap in Section 3, CONSIDERATION is increased by $148,274.94 to a total not to exceed amount of Two Hundred Eight Thousand Two Hundred Seventy-Four Dollars and Ninety-Four Cents ($208,274.94) for the term of this agreement. 1 Attachment 1

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

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

Dated: BURKE, WILLIAMS & SORENSEN, LLP
By:

Gerald J. Ramiza, Esq.

Dated: CITY OF CONCORD
By: __________________________
Valerie J. Barone
City Manager
APPROVED AS TO FORM: ATTEST:

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

Concord, California
Date:

I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEAR 2022/2023 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.

THE SUM OF $208,274.94. Account Code: 4009500C999-4002011111-63800

___________________________
Finance Director’s Signature
2

From: Judith Herman <[email protected]>
Sent: Tuesday, April 11, 2023 2:54 PM
To: City Clerk <[email protected]>
Subject: Item 9g
City Council,
I want to advocate for the inclusion of public access to the Project Labor Agreement as part of the RFQ. This will give the public further information on the developer’s willingness to treat workers with justice. I believe that this is an essential issue in choosing a master developer.

Judith Herman
Concord Resident
Benched Correspondence
Agenda Item No. 9g
April 11, 2023

Staff Report
Date: April 11, 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: Study Session – considering the following:

1. An update on the preparation of the City’s Objective Design Standards (ODS) document;

2. An overview of the draft standards and diagrams for the five sections: Citywide, Downtown, Neighborhoods,
Corridors, and Special Case/Infill areas; and

3. Providing feedback on the administrative draft Objective Design Standards, for incorporation into the final draft Objective Design Standards.

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

Report in Brief
The State has limited a local jurisdiction’s ability to apply subjective design standards for qualifying housing projects, whereby the City of Concord (City) can now only rely on the application of objective design standards. To address this limitation, the Council has prioritized the development and adoption of Objective Design Standards (ODS) to apply to qualifying housing projects.

10.a

City Council Agenda Report
Agenda Item No. 10.a
April 11, 2023
Council is holding this study session to review the Administrative Draft ODS (Attachment 1) and provide feedback on them. Following direction and input from Council, this information will be shared with the Design Review Board (DRB), the Planning Commission, staff and the consulting team working on the project to assure alignment. A public draft ODS document will then be prepared, which will be reviewed by the DRB, Planning Commission, and a Final Draft ODS document will ultimately be reviewed and considered by Council.

Recommended Action
Study Session – consider the following:

1. An update on the preparation of the City’s Objective Design Standards (ODS) document;

2. An overview on the draft standards and diagrams for the five sections: Citywide, Downtown, Neighborhoods, Corridors, and Special Case/Infill areas; and

3. Provide feedback on the administrative draft Objective Design Standards document for incorporation into the final draft Objective Design Standards.

Background
Recent state laws have limited a local jurisdiction’s ability to apply subjective design standards for qualifying housing projects; the City can now only rely on the application of objective design standards1 to these projects. Objective standards are those that do not involve discretion or subjective judgment. Those standards can typically be referenced to an external and uniform benchmark or criterion.

A qualifying project is defined under the various State laws as including those submitted under the Housing Accountability Act including those submitted under Senate Bill (SB) 35 (Streamlining), SB 3302 (Housing Crisis Act), SB 9 (HOME Act), and AB 2011 and SB 6 (Mixed Use/Commercial) projects, and other affordable housing projects, as well as those applying under the City’s Affordable Housing Incentive Program. In general, this applies to a multi-family residential project with affordability built into it and to urban lot split projects where a single family property is divided under SB 9.

The adoption of objective design standards will ensure the City can maintain quality design with creative, economically feasible, and sustainable standards. More specifically, the City seeks to establish the ODS document to apply to qualifying residential housing development projects when the City’s discretionary review is limited or prohibited. 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.” 2 The provisions of SB 330 (Housing Crisis Act) were extended by SB 8 until January 1, 2030.

City Council Agenda Report
Agenda Item No. 10.a
April 11, 2023
2023 – 2031 Housing Element Update
On March 14, 2023, the City Council adopted the 2023 – 2031 Housing Element Update (HEU), which contains a program (HEU Objective 15.3) to develop objective design standards for multifamily and mixed-use housing projects. The ODS project will not only respond to the aforementioned state laws, but it is also the City’s first step in the creation of a streamlined non-discretionary or by-right review process for these qualifying housing projects. The by-right process will eliminate the discretionary Design and Site Review process for projects that meet all the objective standards (HEU Objective 15.2).

State law is also requiring jurisdictions to remove any discretionary processes associated with emergency shelters. Currently, the City’s Development Code (Concord Municipal Code Chapter 18) requires a discretionary Design and Site Review process for this use, and HEU Objective 22.6.b identifies necessary amendments to the Development Code to remove that requirement. This ODS document will be incorporated into the development code and will ensure there are design standards that replace the discretionary Design and Site Review process for qualifying projects.

There have been seven ODS project meetings to date:
 April 6, 2022 – Joint Special Meeting of the Housing & Economic Development Committee, Planning Commission, and Design Review Board – Previewed the project intent, approach, timeline and invited feedback on important design issues based on recent experiences while reviewing projects at Council, Planning Commission, and DRB meetings.
 August 29, 2022 – Joint Special Meeting of the Planning Commission and Design Review Board – Reviewed highlights of prior comments at the April 6, 2022, meeting, provided a draft outline of the document, and provided the opportunity for discussion on specific design issues.
 October 13, 2022 – Staff Primer for the Special Meeting of the Design Review Board – In preparation for the October 20, 2022 meeting, staff provided a brief outline for the ODS document, and a preview of the different methods to achieve an objective standard as preparation for a more in-depth discussion of specific architecture and site planning design standards for the Downtown and Neighborhood areas.  October 20, 2022 – Special Meeting of the Design Review Board – Discussion of the City’s ODS document with a focus on the preparation of draft standards and diagrams for the Downtown and Neighborhood areas and the different methods to achieve an objective standard.
 November 17, 2022 – Special Meeting of the Design Review Board – Discussion of the City’s ODS document with a focus on the preparation of draft standards and diagrams for the Corridors and Special Case/Infill areas and the different methods to achieve an objective standard.

City Council Agenda Report
Agenda Item No. 10.a
April 11, 2023
 December 21, 2022 – Planning Commission Study Session – Overview of the progress and a discussion of the City’s ODS document with a focus on the preparation of draft standards and diagrams for the four sections: Downtown, Neighborhoods, Corridors, and Special Case/Infill areas.
 February 23, 2023 –Design Review Board Meeting – Consideration of preliminary standards to address urban lot splits and two-unit projects pursuant to Senate Bill 9 for incorporation into the Objective Design Standards document.

Following the April 6, 2022, Joint Special Meeting of the Housing & Economic Development Committee, Planning Commission, and Design Review Board (DRB), the Project Team (comprised of City Planning staff and the consultant) focused on three (3) things:
 Comprehensive review of the City’s existing design documents including the City’s Design Guidelines, the Downtown Design Guidelines, and Downtown Concord Specific Plan Design Guidelines.
 Preparation of a framework document based upon the comments provided at the joint meeting.
 Consultation and interviews of developers/applicants to understand their experience in navigating the City’s Design and Site Review and entitlement processes and their familiarity and practice with the City’s design guidelines.

Key responses from developers/applicants focused on clarity of standards, reducing ambiguity, and providing a defined process. The resulting feedback focused the Project Team’s efforts within the ODS document.

The ODS project’s overall goals are to support Concord’s tradition of high-quality design while generating standards that support the requirements of state law and to facilitate the implementation of the HEU to streamline the processing of housing projects. The design of qualifying housing projects would be required to meet the objective design standards or, alternatively, applicants may choose to pursue design flexibility beyond the ODS document using the City’s current discretionary review process.

The intent of the ODS project is to develop objective design standards based on the City’s existing design guideline documents. These standards will enhance the existing character within the City by replacing the existing subjective standards that cannot be applied to qualifying housing projects with comparable objective standards. These standards will be implemented through codification in the City’s Development Code under a new Chapter,

18.152. The implementing ordinance will be coupled with an illustrative document which will contain the actual design standards and diagrams. This process will also include the preparation of new checklists and forms and establish processes that provide clear guidance to applicants on the City’s design standards for submittal and permitting requirements.

City Council Agenda Report
Agenda Item No. 10.a
April 11, 2023
Objective Standards
There are several different ways to achieve an objective standard.  True/False Statements – for items that cannot be measured.

Example: Street facing building facades shall include building entrances facing the street.
 Ratios and Calculations – to provide standards linked to the scale of a project.

Example: Common open space shall have a minimum of 30 square feet per unit in the development.
 Counts and Measurements – providing a clear numeric value to represent the desired size or distance for building features.

Example: A minimum of 2 feet of change in plane along the face of the building shall be included every 20 feet along the façade facing the street frontage.  Lists – to provide flexibility, utilizing a list of options.

Example: Entryways shall include at least two of the following: 1) door with a window, 2) raised landing area of 20 square feet, 3) decorative landing utilizing pavers or stamped concrete, or 4) recessed entry of at least 3 feet.  Scorecards – to select from a menu of options, where each is assigned a number of points.

Example: Landscape area must provide the type of plants necessary to achieve a score of 40 points per 10 square feet of landscaping, based on a table of plant types and points.
 Benchmarks and Performance Measures – utilizing references to adopted performance standards such as parking ratios, WELO (water efficient Landscape Ordinance) standards are examples.

Example: Landscape plans shall utilize WELO standards for at least 80% of landscaped area.

In addition, the California Department of Housing and Community Development (HCD) has provided a primer on ODS to provide assistance to cities in developing their standards by providing a variety of tools, approaches and examples (See link for Attachment 7, last page of report) which the Project Team has been utilizing to assist in development of the City’s standards.

City Council Agenda Report
Agenda Item No. 10.a
April 11, 2023
Analysis
The ODS document provides overarching standards that would apply Citywide, along with four areas of focus: Downtown, Neighborhoods, Corridors, and Special Case/Infill. These four areas were identified based on their geography and character, with the objective design standards tailored to address the distinctive conditions and environment in each area. Each of the four geographies are discussed in more detail below, first describing their general location and pertinent design intent for each, followed by an overview of various design topics/elements, included in each section. These geographies and design topics were considered and firmed up by the DRB and Planning Commission at a series of five meetings. The feedback received by the DRB and Planning Commission on these five areas has been woven into the document; a summary is provided as Attachment 2.

Citywide Standards
The standards for this section are intended to apply Citywide,are universal to all building types, and are the foundation of encouraging the highest level of design quality while allowing some flexibility in the design of multi-family and mixed-use residential development.

Design topics include site planning and orientation, treatment/ screening of parking, building massing and articulation, roof treatments, materials, colors, landscape design and detailing.

Downtown
Standards for this section focus on the urban core of the downtown area3. The Downtown section is largely guided by the Downtown Concord Design Guidelines document4, which promotes specific architectural styles (Spanish Colonial Revival and Mediterranean Revival) in the “Inner Core” area of the downtown whereas the “Outer Core,” is to be more reflective of the Spanish and Mediterranean styles, while still maintaining high quality architecture (Attachment 3).

Design topics for the Downtown section focuses on site planning and orientation, treatment/screening of parking, building massing and articulation, roof treatments, windows and doors, materials, colors, landscape design and details.

Neighborhood Standards
Standards for this section focus on residential subdivisions with low and medium density neighborhoods, with the intent of retaining a cohesive high quality architectural design for these areas (Attachment 4).
3 This area includes the Downtown Concord Design Guideline’s Inner and Outer Core. 4 The Downtown Design guidelines were approved in February 2017 and amended in October 2019 and August 2020.

City Council Agenda Report
Agenda Item No. 10.a
April 11, 2023
Design topics for establishing standards in this area focus on site planning and orientation, treatment/screening of parking, building massing and articulation, roof treatments, windows and doors, materials, colors, landscape design and details.

Corridors
Standards for this section are focused on housing and mixed-use projects, generally medium- to high-density, situated along the primary roadways and higher volume corridors within the City (i.e. Clayton Road, Willow Pass Road, Treat Boulevard, Monument Boulevard, etc.) (Attachment 5).

Design topics for this geography focus on site planning and orientation, treatment and/or screening of parking, building massing and articulation, roof treatments, windows and doors, materials, colors, landscape design and details. Corridor areas will also include those commercial sites, which due to the passage of new state laws5 can be developed with housing.

Special Case/Infill Standards
Special Case (Infill) areas include those infill sites, primarily within single-family zoned districts (Attachment 6), which transition to other lower density zoning districts or neighborhoods or those sites that have different zoning than adjoining parcels. Special Case/Infill may also include other unique sites or situations, for example those parcels with a commercial zoning designation that are not located along a Corridor, that can have side or rear boundaries adjacent to other single-family zoned districts.

This section also addresses units that can be constructed under SB 96 and emergency shelters. The feasibility to pursue SB 9 projects includes, but is not limited to, the location of the existing single-family home on the lot, the size of the lot, location of easements, and lot orientation). The City’s goal is to enhance the existing character within Concord as new development and property improvements occur. Important design aspects in consideration of SB 9 residential projects, due to the ability to densify certain single-family sites include:
 Proximity to existing adjacent buildings.
 Four-sided, high-quality architecture.
 Denser use (ADUs, typically are not subject to lot coverage requirements).  Size, proximity, placement of windows, entry doors and patio doors to other units.  Parking for primary residence and any additional residences. 5 Senate Bill 6 and Assembly Bill 2011.
6 SB 9 created a ministerial process for homeowners to create a duplex or second single family home (on the same lot) or subdivide an existing lot through a ministerial (non-discretionary) process, based on a specific list of criteria in order to allow no more than four units on the original single-family parcel. SB 9 only allows the application of objective development and design standards.

City Council Agenda Report
Agenda Item No. 10.a
April 11, 2023
 Ability for shared driveway access.

Design Review Board (DRB) and Planning Commission Feedback Feedback from the DRB and Planning Commission (Attachment 2) on all five sections – Citywide, Downtown, Neighborhoods, Corridors and Special Case/Infill areas – has helped form and identify the key design elements to be addressed in the ODS document.

In addition, their feedback has assisted the Project Team in selecting the most appropriate tools/approaches (i.e., counts and measures, ratios and calculations, lists, scorecards) to be utilized in the ODS document to contribute towards an overall, highquality building design. That direction and those standards have been carried forward into the preparation of the Administrative Draft of the ODS (Attachment 1).

The Project Team plans to meet again with the developer panel, previously interviewed in February/March 2022, to discuss and review the preliminary standards within the Administrative Draft and receive their initial input, prior to publication of the final draft ODS document. City staff (Staff) has also been conducting initial analyses and “testing sessions” of a few recent projects to “assess the practical use” of the draft ODS standards for ease of use, clarity, and to determine any potential conflicts or unintended consequences. As a result, staff anticipates crafting some modifications to further simplify or to provide clarity, as well as additional graphics to better portray the proposed standards.

Next Steps
Following the Council meeting, Staff will incorporate feedback and direction provided into the ODS document to ensure it is aligned with Council’s objectives and vision, prior to finalizing a public draft and publishing the draft ODS document for public review; anticipated in May 2023.

Financial Impact
The ODS project is being jointly funded by LEAP and REAP grant funds. The impact of the eventual adoption of the Objective Design Standards, is expected to reduce overall development costs to developers and applicants by providing clear standards that serve to streamline housing projects overall by eliminating the need for Preliminary and Final Design Review Board meetings, thus shortening the entitlement process. Clear, objective standards also provide certainty to developers and applicant, thus, cutting down on back-and-forth review cycles where there is less room for interpretation and gray areas.

Environmental Determination
Pursuant to the California Environmental Quality Act (CEQA) of 1970, Public Resources Code Section 21000, et. seq., as amended and implementing State CEQA Guidelines, Title 14, Chapter 3 of the California Code of Regulations (collectively “CEQA”), the objective design standards documents do not constitute a “project” within the meaning of Public Resources Code Section 21065, 14 Cal Code Regs. Section 15060(c)(2) or

City Council Agenda Report
Agenda Item No. 10.a
April 11, 2023
15378 because it has not potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.

Even if the objective design standards documents did constitute a project under CEQA, the objective design standards documents fall within the “common sense” exemption set forth in 14 Cal. Code Regs. Section 15061(b)(3), excluding projects 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…” Therefore, the proposed objective design standards documents do not warrant further environmental review.

Public Contact
The City Council Agenda was posted.

Attachments

1. Administrative Draft ODS standards, dated April 5, 2023

2. Design Review Board and Planning Commission feedback, August 2022 – February 23 meetings

3. Inner and Outer Core Map from the Downtown Design Guidelines

4. Neighborhood Focus Area Map

5. Corridors Focus Area Map

6. Special Infill Areas Map

7. HCD-Technical Assistance Briefing on Objective Design Standards, June 20217
7 The full URL is: https://hcdcagov.app.box.com/s/baznxdyweq6a8txcrb22li0gogqodzz6

03.27.2023 TOC-1 | Page
This is a Working Administrative Draft Document, which includes placeholders for future graphics, and notes to staff still remaining, which will be addressed as the Administrative Draft is prepared and prior to publication of the Public Draft, anticipated in late May.

Section 18.152.010 Purpose and Applicability.....................................................................................1 A. Purpose, Intent, and Applicability .......................................................................................................... 1 B. Relationship to Other Standards and Requirements ............................................................................. 1 C. Definitions and Abbreviations................................................................................................................ 2 Section 18.152.020 Citywide Objective Design Standards....................................................................6 A. Site Plan.................................................................................................................................................. 6

1. Site Planning and Orientation....................................................................................................... 6

2. Parking .......................................................................................................................................... 7 B. Architectural/Building Design ................................................................................................................ 8

1. Massing and Articulation .............................................................................................................. 8

2. Roof Treatments........................................................................................................................... 8

3. Windows and Doors...................................................................................................................... 9

4. Materials....................................................................................................................................... 9

5. Colors..........................................................................................................................................10 C. Landscape Design ................................................................................................................................. 11

1. Landscaping................................................................................................................................. 11

2. Street Trees................................................................................................................................. 12

3. Grading and Drainage .................................................................................................................12

4. Plant and Non-plant Materials....................................................................................................13

5. Water Conservation....................................................................................................................13 TITLE 18.152: OBJECTIVE DESIGN STANDARDS
Multiple Family Residential Objective Design Standards (Alt: Qualifying Single-Family, Multiple Family, and/or Mixed-Use Residential Objective Design Standards) Table of Contents
Attachment 1

City of Concord - Section 18.152 Objective Design Standards 2 | Page 04.05.2023
D. Detailing................................................................................................................................................14

1. Public Art.....................................................................................................................................14

2. Loading, Service and Refuse Areas .............................................................................................14

3. Utility and Mechanical Equipment..............................................................................................15

4. Lighting........................................................................................................................................15

5. Emergency Access and Addresses ..............................................................................................16

6. Signage........................................................................................................................................16

7. Fencing........................................................................................................................................16

18.152.030 Downtown Standards.....................................................................................................17 A. Site Plan................................................................................................................................................17

1. Site Planning and Orientation.....................................................................................................17

2. Parking ........................................................................................................................................18 B. Architectural and Building Design ........................................................................................................18

1. Massing and Articulation ............................................................................................................18

2. Architectural Style.......................................................................................................................20

3. Roof Treatments.........................................................................................................................22

4. Mixed Use Buildings with Ground-Floor Retail/Commercial Use...............................................22

5. Windows and Doors....................................................................................................................23

6. Materials.....................................................................................................................................24

7. Color............................................................................................................................................24 C. Landscape Design ................................................................................................................................. 25

1. Landscape Enhancements...........................................................................................................25

2. Urban Landscape Improvements................................................................................................25 D. Detailing................................................................................................................................................26

04.05.2023 TOC-3 | Page

1. Architectural and Building Enhancements..................................................................................26

2. Service and Refuse Areas............................................................................................................26

3. Addresses and Mailboxes ...........................................................................................................27

4. Utility and Mechanical Equipment..............................................................................................27

18.152.040 Corridor Standards.........................................................................................................28 A. Site Plan................................................................................................................................................28

1. Site Planning and Orientation.....................................................................................................28

2. Parking ........................................................................................................................................28 B. Architectural/Building Design ..............................................................................................................29

1. Massing and Articulation ............................................................................................................29

2. Roof Treatments.........................................................................................................................29

3. Window and Door Placement.....................................................................................................29

4. Materials.....................................................................................................................................30

5. Color............................................................................................................................................30 C. Landscape Design ................................................................................................................................. 30

1. Street Trees................................................................................................................................. 30

2. Grading and Drainage .................................................................................................................30 D. Detailing................................................................................................................................................30

1. Loading and Service ....................................................................................................................30

2. Emergency Access and Visible Address ......................................................................................30

3. Utility and Mechanical Equipment..............................................................................................30

4. Lighting........................................................................................................................................31

5. Fencing........................................................................................................................................31

18.152.050 Neighborhood Standards................................................................................................33

City of Concord - Section 18.152 Objective Design Standards 4 | Page 04.05.2023
A. Site Plan................................................................................................................................................33

1. Site Planning and Orientation.....................................................................................................33

2. Parking ........................................................................................................................................34 B. Architectural/Building Design ..............................................................................................................35

1. Massing and Articulation ............................................................................................................35

2. Roof Treatment...........................................................................................................................36

3. Window and Door Placement.....................................................................................................36

4. Detailing ......................................................................................................................................36

5. Materials.....................................................................................................................................36

6. Color............................................................................................................................................36 C. Landscape Design ................................................................................................................................. 37

1. Treatment of Setbacks................................................................................................................37

2. Grading and Drainage .................................................................................................................37

3. Types of Plant Materials .............................................................................................................37 D. Detailing................................................................................................................................................37

1. Loading and Service ....................................................................................................................37

2. Emergency Access and Visible Address ......................................................................................37

3. Utility and Mechanical Equipment..............................................................................................37

4. Lighting........................................................................................................................................39

5. Fencing........................................................................................................................................39

18.152.060 Special Case Standards (Infill, SB 9, Emergency Shelters) .................................................40 A. Site Plan................................................................................................................................................40

1. Neighborhood Context ...............................................................................................................40

2. Site Planning and Orientation.....................................................................................................40

04.05.2023 TOC-5 | Page

3. Parking ........................................................................................................................................40 B. Architectural/Building Design ..............................................................................................................41

1. Massing and Articulation ............................................................................................................41

2. Roof, Windows, Doors, Detail.....................................................................................................41

3. Color............................................................................................................................................42

4. Transitional Requirements..........................................................................................................42 C. Landscape Design ................................................................................................................................. 42

1. Landscaping................................................................................................................................. 42 D. Detailing................................................................................................................................................42

1. Loading and Service ....................................................................................................................42 APPENDIX ........................................................................................................................................43 List of Tables
Table 1: Table Title (Heading: Table Title ZC).............................................Error! Bookmark not defined.

List of Figures
Figure 1: Figure Title.................................................................................Error! Bookmark not defined.

KEY
Note: Potential Graphic
Note: Conversation Topic
Note: Key Dimension Reviewed and Confirmed by DRB/Staff Note: Need/Developing final determination

WORKING ADMIN DRAFT - City of Concord - Section 18.152 Objective Design Standards

04.05.2023 1 | Page
Section 18.152.010 Purpose and Applicability
The following Objective Design Standards apply to all qualifying residential projects throughout the City of Concord. These projects, many of which are multi-family and mixed-use residential developments, appear in a variety of forms including high-rise, mid-rise and mixed-use buildings, rowhouses, duplexes and triplex as well as multi-lot single family homes.

The design standards distinguish between project in Downtown Concord (the urban core of the community), Corridors (along a set of major arterials), Neighborhood (along residential streets) and Special Case (infill and projects under Gov. Code, §§ 65852.21, subd. (b); 66411.7, subd. (c)). These standards will present common goals that encourage the highest level of design quality while allowing flexibility in the design of qualifying residential development projects.

A. Purpose, Intent, and Applicability

1. This Chapter establishes objective design standards for new multi-family residential developments and/or mixed-use developments that include at least a two-thirds residential component in terms of overall project building square footage, emergency shelters, residential developments approved under the provisions of Gov. Code, §§ 65852.21, subd. (b); 66411.7, subd. (c). This includes, but is not limited to, duplexes, triplexes, townhouses, row houses, and mid-rise building types. The objective design standards draw from and complement existing context-based design guidelines criteria set forth in land policy documents adopted by the city and include the City of Concord Citywide Design Guidelines, Downtown Concord Design Guidelines, and the Concord Specific Plan.

2. These objective design standards are intended to maintain the high-quality site planning and building design for residential and mixed-use projects and intended to integrate with surrounding existing development, where new development is proposed. The standards are prepared to facilitate development designed and constructed in a manner that conforms to past community design priorities. The purpose of the objective design standards is to reduce barriers to housing for any qualifying project and accelerate housing production through the clear communication of design objectives and streamlined review for qualifying housing projects.

3. This Chapter does not apply to non-qualifying single-family homes, historic properties, commercial-only projects, and any other non-residential developments.

B. Relationship to Other Standards and Requirements

1. The city of Concord intends this chapter to establish reasonable, uniform and comprehensive standards and procedures for housing development within the city’s territorial boundaries, consistent with and to the extent permitted under federal and California State law. The standards and procedures contained in this chapter are intended to, and should be applied to, protect and promote public health, safety and welfare, and also balance the benefits that flow from robust, comprehensive housing development with the city’s local values, which include without limitation the aesthetic character of the city of Concord, its neighborhoods and community.

City of Concord - Section 18.152 Objective Design Standards – WORKING ADMIN DRAFT 2 | Page 04.05.2023

2. Standards for Applicable Zoning District. These objective design standards supplement and are in addition to the development standards for the applicable zoning district in which a proposed project is located.

3. Subdivision Regulations. Article X of the Code of Ordinances establishes regulations for the subdivision of land. Where conflict exists between these objective design standards and the provisions of Article X, the provisions of this Title 18, Division IX, Section 18.6XX shall govern.

4. Relation to Other Regulations.
a. CDC, Building Code.
b. Where a conflict occurs between the requirements of the objective design standards and other city requirements, the more restrictive provisions shall apply. c. The requirements of the objective design standards or conditions imposed pursuant to the objective design standards shall not supersede other city requirements.

C. Definitions and Abbreviations
The terms used in Section 18.152 shall have the following meanings:

Access, Primary. The entrance to a building that is oriented toward the front lot line and abuts a public street, a private street, or common parking area.

Access, Secondary. The entrance to a building that is oriented towards a side or rear lot line and is an additional entry to that providing access along the front lot line.

Active Open Space. Any open space that is used for sports, exercise, or active play. It can include but is not limited to amenities such as playgrounds, exercise machines, and athletic fields.

Articulation: The breaking up of a flat and uniform building façade by using recessed wall areas, indents, projections, changes in building materials, and detailed projecting features such as stoops, bay windows, awnings, canopies, and/or balconies.

Articulated Saddle Roof. A simple gable roof or a roof form which follows a convex curve about one axis and a concave curve about the other, each of which is articulated with smaller breaks in plane or smaller roof forms for articulation, such as a dormer.

Cantilever. A rigid structural element that extends horizontally and is supported at only one end.

Typically, it extends from a flat vertical surface such as a wall, to which it must be firmly attached.

Caliper. Measurement of the thickness of a tree trunk describing the diameter measured at breast height of 54 inches (4.5 feet).

Concord Development Code. The Concord Development Code (CDC) refers to Chapter 18 of the Concord Municipal Code. The CDC implements the policies of the Concord general plan by classifying

WORKING ADMIN DRAFT - City of Concord - Section 18.152 Objective Design Standards

04.05.2023 3 | Page
and regulating the uses of land and structures within the city. The development code is adopted to protect and promote the public health, safety, comfort, convenience, prosperity, and general welfare of residents and businesses in the city of Concord.

Downspout: A pipe that runs vertically along the side of the home.

Earth Tone. Colors found in nature have a variety of hues that have brown undertones, including rust, marigold, burnt sienna brown, terracotta, sage, and turmeric. For the purposes of this definition, brown shall mean a hue with a hexadecimal RGB code of 964B00.

False Façade or False Front. a facade extending beyond and especially above the true dimensions of a building to give it a more imposing appearance.

Green Roof. A vegetated or living roof created as a ballasted (stabilized) roof consisting of a structural roof support, waterproofing membrane, drainage layer, filter membrane, growing medium (soil) and vegetation overlying a traditional roof.

Green Walls. Vertical structures that have different types of living plants or other greenery attached to them, with the greenery planted in a growth medium consisting of soil, stone, or water and as needed, having an integrated irrigation system.

Greywater. Domestic wastewater produced from the recycling of clothes washers, showers, bathtubs, bathroom sinks and laundry tubs.

Habitat. The natural home or environment of an animal, plant, and/or other organism and more specifically, any such environment in the City of Concord identified in the City of Concord General Plan, by the California Department of Fish and Wildlife (CDFW), and/or by the U.S. Department of Fish and Wildlife (USDFW).

Historic Property. Any real property and/or development on a real property that is included on the National Register of Historic Places, the California Register of Historical Resources, and/or any local City of Concord historic resources registry that may be established.

Hydrozones. Portion of landscaped area where plants with similar water needs are grouped together.

Low Impact Development (LID) Infrastructure. Systems and practices related to the control of urban runoff that use or mimic natural processes, with the purpose of increasing infiltration, facilitating evapotranspiration, and allowing for productive use and reuse of stormwater to protect water quality and associated aquatic habitat.

Massing. Massing is an architectural term which refers to the perception of the general shape, form, and size of a building.

Objective. Involving no personal subjective judgement by a public committee, such as the Design Review Board or Planning Commission and being uniformly verifiable by reference to an external and

City of Concord - Section 18.152 Objective Design Standards – WORKING ADMIN DRAFT 4 | Page 04.05.2023
uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official.

Paseo. A privately owned public place or path designed for walking.

Passive Open Space. An open space on publicly or privately owned land that is publicly accessible and has been designated for leisure usually consisting of sitting and relaxing.

Positive Drainage: drainage condition in which consideration has been made for all loading deflections of the roof deck, and additional roof slope has been provided to ensure drainage of the roof area within 48 hours of rainfall.

Primary Street. Public or private right-of-way whose function is to carry vehicular traffic or provide vehicular access abutting the front property line of a residential or mixed-use site. [GRAPHIC: Primary, Residential, Secondary Street; Mid-block, Corner and Full Block] Qualifying Residential Project or Qualifying Project. Qualifying projects include those submitted under Senate Bill 35, SB 3301
, SB 9 and other affordable housing projects, as well as those applying under the City’s Affordable Housing Incentive Program (See CDC Section 18.20.030 Definitions).

Residential Street. A public or private right-of-way whose function is to carry vehicular traffic or provide vehicular access abutting residential or mixed-use property.

Roof Eave Profile: The shape of the edges of the roof which overhangs the face of a wall and, normally, project beyond the side of a building.

Rooftop Garden. A garden on the roof of a building for purposes of architectural enhancement, recreational opportunity, community garden and/or quiet enjoyment by residents.

Root Drip Irrigation Emitters. Devices designed to be a direct conveyance of water and nutrients, down to the root zone.

Secondary Street. Public or private right-of-way whose function is to carry vehicular traffic or provide vehicular access abutting the corner side property line of a residential or mixed-use site.

Special Status Plant or Animal Species. Shall include any state and/or federally listed plant or animal species, including those identified as candidate, sensitive, or special status species in local or regional plans, polices, or regulations, or by the USFWS or CDFW on the California Natural Diversity Database via a 9-quad search or through field surveys.

Structural Bay. The distance or span from one exterior vertical structural member fronting on a street to the immediately adjacent exterior vertical structural member fronting on the same street. 1 The provisions of SB 330 (Housing Crisis Act) were extended by SB 8 until January 1, 2030.