Agenda packet — Concord City Council, May 9, 2023 (part 1 of 2)

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,
May 9, 2023
5:30 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. 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 5:30 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/85477199811?pwd=M1JiOFVNdmpNUXVSUE0vVE9Fd DJBZz09 or Zoom Webinar ID: 854 7719 9811 and Passcode: 519244 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 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 – Councilmember Obringer

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 Submit Public Comments” above. a. Written Public Comment

7. PRESENTATION
a. Presentation – to Benu Chhabra declaring May 12, 2023, as "Provider Appreciation Day" in the City of Concord. Presentation by Mayor Hoffmeister.

8. ANNOUNCEMENTS
a. Announcing – a recruitment to fill an unscheduled vacancy on the Planning Commission for a term ending February 28, 2025; and setting a deadline of Friday, June 2, 2023, at 5 p.m. as the deadline for receipt of applications by the City Clerk. Report by Joelle Fockler, City Clerk.

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

If a request for removal of an item from the Consent Calendar has been received, the Mayor may defer action on the particular item and place the same on the regular agenda for consideration in any order s/he deems appropriate. Please see “How to Submit Public Comments” above. a. Considering – approval of the minutes from the February 28 Special Meeting, March 11 and 28, and April 4, 2023. Recommended by the City Clerk.
b. Considering – appointment of applicant Jack Moore to the Design Review Board for the Design Professional position for a four-year term ending February 28, 2027, and applicant Ronald Leone for the Public Member position for a four-year term ending February 28, 2027, Recommended by the Council Committee on Housing and Economic Development.
5 c. Considering – approval of a Professional Services Agreement with the Pacific Coast Farmers' Market Association for a three year term (May 1, 2026) to continue to produce and manage the Concord Farmer's Market in Todos Santos Park, and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney. Recommended by the Director of Economic Development and Base Reuse.

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

1. Award of a Construction Contract in the not-to-exceed amount of $3,029,134.35 (base agreement of $2,753,758.50 plus staff authority to spend up to a 10% contingency of $275,375.85) to Pavement Coatings Co. for the Citywide Arterial & Collector Maintenance Project #2 (Project No. 2527) located on up to 6 miles of arterial & collector streets throughout the City and for the Corporation Yard Slurry and Re-Stripe Project (Project No. 2662) located at the Corporation Yard; and authorizing the Mayor to execute the contract in a form acceptable to the City Attorney.

2. Authorizing the City Engineer to accept the improvements upon completion of Project No(s). 2527 and 2662, and direct 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)(3), 15378, 15301, 15302, 15303, 15304, and/or Public Resources Code Section 21065.

10. CITY COUNCIL SITTING AS THE LOCAL REUSE AUTHORITY (LRA)

CONSIDERATION ITEM
The public is entitled to address the City Council/LRA on items appearing on the agenda before or during the City Council/LRA’s consideration of that item. Each speaker will be limited to approximately three minutes. Please see “How to Submit Public Comments” above. a. Considering – a Master Developer Selection Process for the former Concord Naval Weapons Station and a Draft Request for Qualifications; and authorizing the release of the Request for Qualifications based on Council direction. Report by Guy Bjerke, 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), and/or 15378.

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

12. REPORTS AND ANNOUNCEMENTS
6 Closed Session Announcements
City Manager or Staff Reports
Council Reports
a Announcing – a Council Ad Hoc Committee comprised of Mayor Hoffmeister and Councilmember Obringer to advise the City Manager and staff on the development of Objective Design standards until they have been adopted by the City Council. Report by Mayor
Hoffmeister.

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

13. ADJOURNMENT
Next Meeting: Special Meeting
Date: 5/16/2023 6:30 p.m.

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

In accordance with the Americans with Disabilities Act and California Law, it is the policy of the City of Concord to offer its public programs, services and meetings in a manner that is readily accessible to everyone, including those with disabilities. If you are disabled and require a copy of a public hearing notice, or an agenda and/or agenda packet in an appropriate alternative 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.
-----Original Message-----
From: John Gibson <[email protected]>
Sent: Monday, May 8, 2023 1:36 PM
To: City Clerk <[email protected]>
Subject: City of concord Meeting May 9th 2023 - funding Rainbow Community Center programs

Good day City Council

I watched the video of the city of concord public meeting on April 11, 2023

It was troubling and heartbreaking to see that the Rainbow Community Center has been completely removed from funding their programs for the community Many of the services and programs cannot be found anywhere else for the community

I would like to encourage the city council to reconsider funding the Rainbow Community Center programs that serve vital life saving programs

The food bank
Mental health outreach
Transgender care programs
LGBTQ programs
Senior functions for older LGBTQ peoples

Thank you for your consideration
John Gibson
John Jenkins
730 San Ardo Court
Concord, California 94518
925.464.9412

Sent from my iPad

6.a

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From: Mike Vila <[email protected]>
Sent: Monday, May 8, 2023 7:13 AM
To: City Clerk <[email protected]>
Subject: Public Comment for the Meeting this Tuesday
Good Morning,
I would like to submit this Public Comment for your upcoming meeting:

Dear Members of the Board,
I am writing to express my deep concerns regarding the recent bid awarded by the City of Concord to ERC. This is an item on your consent list that is set to be approved.

As I have previously stated, it has come to our attention that ERC did not have the appropriate licensing to perform the work, and when asked for clarification on their bid, they admitted to lacking the necessary electrical license by stating they would be utilizing their “A and B” License as quoted directly from ERC on their email to the City of Concord.”
In addition, we recently made a Public Records Request and uncovered emails in which the second- lowest bidder was determined to not have the appropriate licensing as well. Despite this, the City of Concord still awarded the bid to ERC, which raises serious questions about the integrity of the bidding process and the City's adherence to the rules of the Public Contract Code, the CSLB, and the Business and Licenses Professions Code.

When we pressed for how the City of Concord determined that ERC was the low bidder even without the electrical license, the City claimed attorney-client privilege, which does not make sense to us as we have been trying to understand what led to this business decision to ignore the law of the land.

This decision not only shows an intent to save money by ignoring the rules, but also opens up the City of Concord to serious litigation that would greatly impact us, the taxpayers, due to their negligence and ignorance of the law. It is clear that the City did not even check with the CSLB on their ruling, which is a requirement under the law.

I urge the City of Concord to take immediate action to address these issues and ensure that the bidding process is fair, transparent, and compliant with all applicable laws and regulations. The taxpayers of Concord deserve better than this.

Thank you for your attention to this matter.

Here is just a list of some of the rules that need to be adhered to but were ignored by the City of Concord in their ruling.

Business and Professions Code section 7059.1, which requires that contractors performing electrical work on public works projects hold a C-10 electrical contractor license. Business and Professions Code section 7028.15, which prohibits unlicensed contractors from performing work on public works project s. Business and Professions Code section 7031, which provides for the disgorgement of payments made to unlicensed contractors who perform work requiring a license. Business and Professions Code section 7109, which provides that any person who willfully violates the Contractors' State License Law or any rules or regulations issued thereunder is guilty of a misdemeanor. California Code of Regulations,

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Title 8, Section 290. Electrical Safety Orders, which sets forth safety orders for electrical installations and provides requirements for electrical contractors performing work on public works projects. California Public Contract Code section 4104: Requires that bids for public works projects include the names of all subcontractors who will perform work of more than one-half of one percent of the total bid price, and that the prime contractor list their subcontractors' licenses. California Business and Professions Code section 7028: Requires that contractors performing work that is valued at $500 or more in labor and materials be licensed by the Contractors' State License Board (CSLB) in the specific classification of work they are performing. California Labor Code section 1771: Requires that public works projects be performed by workers who are paid the prevailing wage rates and benefits for the specific craft or trade in the locality in which the work is being performed. California Labor Code section 1775: Requires that contractors performing public works projects be registered with the California Department of Industrial Relations (DIR) and file electronic certified payroll records with the DIR. California Code of Regulations, Title 8, section 1512: Requires that electrical work on public works projects be performed by a licensed electrical contractor or by registered apprentices or trainees who are supervised by a licensed electrical contractor. California Code of Regulations, Title 8, section 1598: Requires that roofing work on public works projects be performed by a licensed roofing contractor or by registered apprentices or trainees who are supervised by a licensed roofing contractor. California Code of Regulations, Title 8, section 1604: Requires that sheet metal work on public works projects be performed by a licensed sheet metal contractor or by registered apprentices or trainees who are supervised by a licensed sheet metal contractor. California Labor Code section 1777.5: Requires that apprentices and trainees who perform work on public works projects be enrolled in a state-approved apprenticeship program.

California Business and Professions Code section 7110: Prohibits unlicensed contractors from submitting bids or performing work on public works projects. California Business and Professions Code section 7159: Requires that contractors who perform electrical work be licensed by the CSLB as an electrical contractor.

Taken directly from the CSLB and other agencies above as noted.

Mike Vila
Owner/President
M V P Construction LLC
925.586.1478
“Woman Business Enterprise”
License #1047890
www.mvpcllc.com
2410 Saybrook Place
Martinez, CA 94553

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From: Concord Communities Alliance <[email protected]> Sent: Monday, May 8, 2023 9:38 PM
To: [email protected]
Cc: City Clerk <[email protected]>
Subject: Public Comment for Housing Element: Final draft of the City of Concord's submission TO: California Department of Housing and Community Development

RE: Comment for your consideration of the Housing Element: Final draft of the City of Concord's submission

Concord Communities Alliance (CCA) is a grassroots organization of Concord residents and other supporters who work to inform, organize, and mobilize Concord residents to achieve more just and equitable conditions for all who call our city home.

We appreciate all the work the City of Concord put into the Housing Element, a document reflecting the just society we all want for Concord. We recognize the drive for more affordable housing and renter protections. However, we see major flaws in the document in its current form. We understand there is a 60- day review of Housing Element documents submitted by cities across the state. Please take into consideration our comments.
 The City of Concord on page 5 of the Housing Development Element states they will “Facilitate the development of emergency shelters, transitional and supportive housing, and long-term affordable housing to reduce the risk of homelessness in the City of Concord.”  Concord’s Housing Elements also proposes additional transitional housing, such as emergency shelters and supportive housing, to be located in the future Concord Naval Weapons Station (CNWS) development, even though that development won’t start for many years (page 6)
Concord City Council has had two failed negotiations in contracting a Master Developer to build on the CNWS. There is no certainty that 192 units for unhoused will be built within the 8 years of the new Housing Element phase, because we still have no idea when the project will go ahead, as we still have no master developer. Unhoused individuals are dying on the street, 4 individuals alone in the last 2 months -- that the community knows of.

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Furthermore, the number of units proposed for the unhoused in the last Area Plan for the CNWS development is entirely inadequate for our unhoused population. We need a strong commitment from the City to create transitional housing and safe spaces on currently unused public land until CNWS can be developed and every resident in Concord is housed.

The community has been asking for safe spaces for the unhoused to live while they wait for permanent housing through the city’s collaboration with the county, whose model is Housing First. The lack of housing has made it difficult for case managers to help Concord’s unhoused residents, because there is a long waiting list to access a bed at Concord’s only shelter, which has 60 beds.

A safe space should include community land with:
 tiny homes, and safe parking for RVs and cars,
 communal kitchen, a bath and toilet facilities, and
 case managers, social workers, mental health providers, and food pantries in order to provide holistic services as people await permanent housing.

Our vacant public land is being hoarded by the city leadership, and the fence to keep unhoused people out of it cost the City $60,000 to build. Concord City government has been resistant to the use of vacant public land, which they claim they can’t use for transitional housing because it’s former Redevelopment land, and yet they use it on a temporary basis to generate some income. Using open public land may require the City to forgo some minor rent funds they collect for seasonal use of the land (pumpkin patches, rentals to property owners or developers using open space for construction storage.) These lands stay empty 70% of the year, and generate little income.

We also believe the number of 192 units provided in the CNWS is inadequate to meet the area’s needs. A more immediate solution would be to use current available land to create community safe spaces that allow transitional housing as described above. An example of the tiny homes/huts we’ve been advocating for are:
 Conestoga Huts cost about $2,500 to set up per unit, available to see at https://youtu.be/5xqpAvbsSok,
 Tent communities like Camp Hope Martinez cost about $200 to set up per unit, available to see at https://youtu.be/NEd3TKySRlQ, and  Tiny home communities like in San Jose CA cost about $10,000 per unit to set up, available to see at https://youtu.be/iYjjGU7qYjE.

Our last concern is the groups with special housing needs (page 23 of Concord’s Housing Element.) We noticed a few groups were not included in

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the list that we thought might have more difficulty finding housing. The groups we believe should be added include:
 Black, Indigenous, People of Color (BIPOC),
 LGBTQIA+, and
 individuals experiencing mental health issues.

By not recognizing these groups in the Concord Housing Element, the city lacks a goal to house vulnerable populations in our community. By not using our empty public land, the city is cruelly delaying solutions available to them that we desperately need.

Thank you for your consideration of our comments in your final 60-day review of Concord’s Housing Element submitted in March of 2023. If you have any questions, please email Judith Herman, a member of Concord Communities Alliance at [email protected].

With much appreciation,
Ady Olvera
Co-Convener, Concord Communities Alliance

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Staff Report
Date: May 9, 2023
To: City Council
From: Valerie J. Barone, City Manager
Prepared by: Joelle Fockler, MMC, City Clerk
[email protected]
(925) 671-3390
Subject: Announcing a recruitment to fill an unscheduled vacancy on the Planning Commission for a term ending February 28, 2025; and setting a deadline of Friday, June 2, 2023, at 5 p.m. as the deadline for receipt of applications by the City Clerk.

Report in Brief
In accordance with Policy and Procedure No. 89, this announcement initiates a recruitment to fill an unscheduled vacancy on the Planning Commission for a term ending February 28, 2025; and setting a deadline of Friday, June 2, 2023, at 5 p.m. as the deadline for receipt of applications by the City Clerk.

Recommended Action
Announce a recruitment to fill an unscheduled vacancy on the Planning Commission for a term ending February 28, 2025; and setting a deadline of Friday, June 2, 2023, at 5 p.m. as the deadline for receipt of applications by the City Clerk.

Background
An unscheduled vacancy on the Planning Commission occurred on April 28, 2023, due to the resignation of Planning Commissioner Ray Barbour.

Pursuant to Government Code Section 54974 (the Maddy Act), a Notice of Vacancy for the unscheduled vacancy was posted by the City Clerk on May 3, 2023.

The Planning Commission consists of five members serving staggered four-year terms. All members must be residents of Concord. The Planning Commission meets the 1st and 3rd Wednesday of each month at 6:30 p.m. in the City Council Chamber at 1950 Parkside Drive and telephonically/electronically via Zoom, and members receive a small stipend per

8.a

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City Council Agenda Report
Agenda Item No. 8.a
May 9, 2023
meeting. Members are expected to develop and maintain a long range comprehensive General Plan of the Concord planning area, review developments, tentative subdivision maps, use permits, and rezoning applications. Planning Commission meetings are televised live on Channel 28 (Comcast), 1026 (Astound (formerly Wave)), and U-verse Channel 99.

Public Contact
The City Council Agenda was posted. The City Council Agenda was posted. A news release will be issued and distributed and the current members will be notified. The announcement will be televised on the Concord TV Cable Channel 28 (Comcast) and Channel 1026 (Astound) Community Bulletin Board. The news release will be posted at the Concord Senior Center, Concord Police Department, Concord Library, in the City’s agenda display case, on the City’s website, and via social media.

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1 SPECIAL MEETING OF THE

CONCORD CITY COUNCIL

WILLOW PASS COMMUNITY CENTER
2748 E OLIVERA ROAD

CONCORD, CALIFORNIA
TUESDAY, FEBRUARY 28, 2023
The Concord City Council met in a special meeting at the Willow Pass Community Center, 2749 E Olivera Road, Concord, California, at 10:00 a.m. on Tuesday, February 28, 2023, with Mayor Hoffmeister presiding and all Councilmembers present. Minutes follow in abbreviated form per Resolution 3361 and Council Minutes of September 26, 1966.

CITY COUNCIL WORKSHOP

KEY STRATEGIES FOR HIGH FUNCTIONING CITY COUNCILS
Kevin Duggan facilitated the workshop, providing the opportunity for Councilmembers to review and discuss best practices for working effectively with each other, the City Manager, and staff, in support of the Council’s ongoing goal of serving the public as an effective leadership team.

By order of the Mayor, the meeting was adjourned on February 28, 2023, at 2:00 p.m.

LAURA M. HOFFMEISTER
MAYOR

JOELLE FOCKLER, MMC

CITY CLERK

9.a9.a9.a9.a

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1 SPECIAL MEETING OF THE

CONCORD CITY COUNCIL

CONCORD SENIOR CENTER
2727 PARKSIDE CIRCLE

CONCORD, CALIFORNIA
SATURDAY, MARCH 11, 2023
The Concord City Council met in a special meeting at the Concord Senior Center located at 2727 Parkside Circle, at 9:40 a.m. on Saturday, March 11, 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; Karan Reid, Director of Finance; Will Tarbox, Director of Public Works; Kevin Marstall,
Director of Community Development; Guy Bjerke,
Director of Community Reuse Planning; Steve Voorhies,
Director of Parks and Recreation; Greg Taylor, Director of Information Technology; Mark Bustillos, Chief of
Police; Jasmin Loi, Director of Human Resources;
Jennifer Ortega, Community Relations Manager; James
Nakayama, Police Captain; Craig Blythe Administrative
Services Manager; Kit Jory, Parks Manager; Ken Yee,
Facilities Manager; Wendy McAuley, Executive Assistant
WHO ADDRESSED THE COUNCIL: Ray Barbour, Concord; Tim Carr, Concord; Jenny, Monument Impact; Tony; Rev. Millie Phillips

ANNUAL WORKSHOP ON CITY COUNCIL PRIORITIES
Mayor Hoffmeister provided introductions and introduced City Manager Valerie Barone who reviewed the workshop agenda and meeting outline.

Director of Finance Karan Reid presented information on the Cannabis Community Benefits Fund.

Following questions from the City Council, Mayor Hoffmeister opened a public comment period on the presentation on the Cannabis Community Benefits Fund, and upon receiving no public comment, closed the public comment period.

It was the consensus of the Council to assign the Community Services Commission to establish/adopt a distribution methodology for the Cannabis Community Benefits Fund.

Mayor Hoffmeister recessed the meeting at 11:00 a.m. The meeting resumed at 11:07 a.m.

Director of Human Resources Jasmin Loi provided a staffing update.

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

Ray Barbour, Concord, stated that people, equipment, and technology go hand in hand.

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City Council Minutes March 11, 2023
2 Tim Carr, Concord, spoke about City departments sharing employees.

Mayor Hoffmeister closed the public comment period and recessed the meeting at 12:19 p.m. The meeting resumed at 12:32 p.m.

Assistant City Manager Ezell reviewed past year’s achievements, then City Manager Barone presented the existing work program.

Mayor Hoffmeister opened a public comment period.

Tim Carr, Concord, spoke in opposition to the replacement of the HR/Finance System (Lawson), and suggested that the City use other agencies products to make staff’s lift easier.

Jenny, Monument Impact, spoke in support of rent stabilization and just cause for eviction.

Tony spoke in support of strong tenant protection policies and affordable housing.

Rev. Millie Phillips spoke in support of prioritizing rent stabilization and just cause for eviction ordinances.

Mayor Hoffmeister closed the public comment period.

Following discussion, the Council confirmed the following Tier 1 priorities for the organization for FY 2023-24 based on adopted Council policy, mandated ARPA requirements, and two carry-forward items:

Tier 1 Priorities
 Concord Naval Weapons Station Reuse
 Completion and Implementation of a Homeless Strategic Plan  Implementation of Housing Element Mandates
 Implementation of ARPA-Funded Projects

ADJOURNMENT
By order of the Mayor, the meeting was adjourned at 2:18 p.m.

LAURA M. HOFFMEISTER
MAYOR

JOELLE FOCKLER, MMC

CITY CLERK

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REGULAR MEETING OF THE

CONCORD CITY COUNCIL

CITY COUNCIL CHAMBER
1950 PARKSIDE DRIVE

CONCORD, CALIFORNIA AND VARIOUS

TELEPHONIC/ELECTRONIC LOCATIONS
TUESDAY, MARCH 28, 2023
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, March 28, 2023, with Mayor Hoffmeister presiding. The pledge of allegiance was led by Councilmember Nakamura.

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

ROLL CALL
COUNCILMEMBERS PRESENT: Edi Birsan, Laura Nakamura, Laura Hoffmeister COUNCILMEMBERS ABSENT: Dominic Aliano, Carlyn Obringer
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; Karan Reid, Director of Finance; Carlton
Thompson, City Engineer; Bernard Enrile, CIP Manager; Aldrich Bautista, Associate Civil Engineer; Justin Bosch, Associate Civil Engineer; Kevin Wheat, Associate Civil Engineer; Aaron Sage, Principal Planner; Trish Beirne, Emergency & Volunteer Services Manager; Himmat Bains, Senior Financial Analyst

MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Edward James DiSibio; April O’Neil

PUBLIC COMMENT PERIOD
Edward James DiSibio stated was discriminated against by Concord and Live Nation staff and spoke of a miscommunication he recently had with Live Nation.

April O’Neil spoke about a serial rapist in Concord.

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

TREASURER’S REPORT – October 1 – December 31, 2022
A motion was made by Birsan and seconded by Nakamura to receive the Treasurer’s Report for the period October 1 – December 31, 2022. The motion passed by the following vote:

AYES: Birsan, Nakamura, Hoffmeister ABSENT: Aliano, Obringer APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT – Bellecci & Associates A motion was made by Birsan and seconded by Nakamura to approve a Professional Services Agreement with Bellecci & Associates in the not-to-exceed amount of $735,344 (base agreement of

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City Council Minutes March 28, 2023
2 $612,787 plus staff authority to spend up to $122,557) for design engineering and related services for Monument Boulevard Pavement Rehabilitation (Project No. 2581) on Monument Boulevard from Detroit Avenue to City limits; and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney. The motion passed by the following vote:

AYES: Birsan, Nakamura, Hoffmeister ABSENT: Aliano, Obringer ADOPTION OF RESOLUTION NO. 23-20 – CalRecycle rubberized pavement grants A motion was made by Birsan and seconded by Nakamura to adopt Resolution No. 23-20 entitled, “A Resolution Authorizing the Submittal and Reimbursement of Applications for CalRecycle Rubberized Pavement Grants Over the Next Five Years; Authorizing Joint Application Submittals; and Authorizing the City Engineer to Revise the List of Participants in Joint Projects and Negotiate and Execute Documents Related to Request for and/or Acceptance of CalRecycle Funds.” The motion passed by the following vote:

AYES: Birsan, Nakamura, Hoffmeister ABSENT: Aliano, Obringer AUTHORIZING STAFF TO UTILIZE CONTINGENCIES AND APPROVAL OF BUDGET TRANSFERS – Hillcrest Park Regional Green Infrastructure Project (Project No. 2512) A motion was made by Birsan and seconded by Nakamura to:

1. Authorize City staff to utilize up to 12% contingency (increase from 5% contingency of $192,137.08 to 12% contingency of $461,128.98) on the existing construction contract with Ghilotti Bros, Inc. for contract change orders that become necessary to complete the project;

2. Authorize City staff to utilize up to 15% contingency (increase from 5% contingency of $15,039.45 to 15% contingency of $45,131.87 ) on the existing Professional Services Agreement (PSA) with UNICO Engineering, to provide additional construction management and inspection services to complete the project; and authorize the City Manager to execute a contract amendment in a form acceptable to the City Attorney; and

3. Approve budget transfers in the total amount of $299,079.82 to the Hillcrest Park Regional Green Infrastructure Project (Project No. 2512), including $253,947.55 from PJ 2443 (Pavement Maintenance Zone 3, Fund 401); and $45,132.27, from PJ 2521 (Full Trash Capture Devices #4, Fund 270).

The motion passed by the following vote:

AYES: Birsan, Nakamura, Hoffmeister ABSENT: Aliano, Obringer ACCEPTANCE OF THE 2022 GENERAL PLAN ANNUAL PROGRESS REPORT – Governor’s Office of Planning and Research and the California Department of Housing and Community Development (HCD) A motion was made by Birsan and seconded by Nakamura to accept the 2022 General Plan Annual Progress Report for submission to the Governor's Office of Planning and Research and the California Department of Housing and Community Development (HCD). The motion passed by the following vote:

AYES: Birsan, Nakamura, Hoffmeister ABSENT: Aliano, Obringer Page 5 of 12 City Council Minutes March 28, 2023
3 AWARD OF A CONSTRUCTION CONTRACT, APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT, AND APPROVAL OF A RELATED BUDGET TRANSFER – Citywide Protected Left-Turn Phasing Project (Project No. 2575)
A motion was made by Birsan and seconded by Nakamura to:

1. Award a construction contract in the amount of $1,011,000 to St. Francis Electric, LLC.; authorize staff to utilize the available project contingency for contract change orders that become necessary up to 10% of the contract amount; and authorize the Mayor to execute the contract in a form acceptable to the City Attorney;

2. Approve an Agreement for Professional Services with Zoon Engineering in the not-to- exceed amount of $149,822.70 (base agreement of $136,202.45 plus staff authority to spend up to a 10% contingency of $13,620.25) to provide construction management, material testing, and related services; and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney; and

3. Approve a related budget transfer of $186,241.47 (Measure Q Projects Fund 401) from Denkinger Road Pavement Rehabilitation (Project No. 2459) and $150,000 (2021 Debt Issuance Measure V Fund 407) from Replace Controller/Cabinet/VDS at Signalized Intersection (Project No. 2462) to Citywide Protected Left-Turn Phasing Project (Project No. 2575).

The motion passed by the following vote:

AYES: Birsan, Nakamura, Hoffmeister ABSENT: Aliano, Obringer ADOPTION OF RESOLUTION NO. 23-21 – City of Concord Hazard Mitigation Plan 2023 Update A motion was made by Birsan and seconded by Nakamura to adopt Resolution No. 23-21 entitled, “A Resolution Adopting the City of Concord’s Hazard Mitigation Plan 2023 Update.” The motion passed by the following vote:

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

APPOINTMENT OF APPLICANTS TO THE CONCORD/PLEASANT HILL HEALTH CARE DISTRICT

GRANT COMMITTEE
A motion was made by Birsan and seconded by Nakamura to appoint applicants Luz E. Palomera Sierra and Mike Tiktinsky to the Concord/Pleasant Hill Health Care District Grant Committee for the remainder of four-year terms ending June 30, 2023, and Evangeline Ward to the Concord/Pleasant Hill Health Care District Grant Committee for the remainder of a four-year term ending June 30, 2025, as recommended by the Council Committee on Recreation, Cultural Affairs, and Community Services (Aliano/Nakamura). The motion passed by the following vote:

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

MAKE FINDINGS AS REQUIRED BY PUBLIC CONTRACTS ACT, AWARD OF A CONSTRUCTION

CONTRACT, APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT, APPROVAL OF A BUDGET TRANSFER, APPROVAL OF ONE-TIME $2.15 MILLION TRANSFER, AND MAKE CEQA DETERMINATIONS – Civic Center Roof and Benches Replacement Project (Project Nos. 2429 and 2565)
A motion was made by Birsan and seconded by Nakamura to:

1. Make findings as required by Section 5103 of the Public Contracts Act regarding an inadvertent error in Stronger Building Services bid, and relieve Stronger Building Services of their bid;

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City Council Minutes March 28, 2023
4 2. Award a construction contract in the total amount of $4,261,838 to the second low bidder, ERC Roofing & Waterproofing, for the Civic Center Roof and Benches Replacement Project (Project Nos. 2429 and 2565), utilizing the alternate bid total which includes synthetic wood shake shingles in lieu of asphalt composition shingles; authorize staff to utilize the available project contingency for contract change orders that become necessary up to 10% of the contract amount; and authorize the Mayor to execute the contract in a form acceptable to the City Attorney;

3. Approve a Professional Services Agreement with Swinerton in the not-to-exceed amount of $292,230.40 (base agreement of $265,664 plus staff authority to spend up to a 10% contingency of $26,566.40) to provide construction management and inspection services for the Civic Center Roof and Benches Replacement Project (Project Nos. 2429 and 2565); and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney;

4. Approve a budget transfer in the amount of $80,000 to the Civic Center Roof Replacement Project (City Project No. 2429) from the Civic Center Wooden Benches Project (City Project No. 2565, Fund 407 – Measure V Funds);

5. Approve a transfer of $2.15 million of one-time Fiscal Year 2021-22 Measure V residual funds to the Civic Center Roof Replacement Project (City Project No. 2429); and

6. Make CEQA determinations as provided in the staff report.

The motion passed by the following vote:

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

CORRESPONDENCE
a. Agenda Item No. 2.a – Written Public Comment

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

ADJOURNMENT
By order of the Mayor, the meeting was adjourned on March 28, 2023, at 6:46 p.m. in memory of David Pitman.

LAURA M. HOFFMEISTER
MAYOR

JOELLE FOCKLER, MMC

CITY CLERK

Page 7 of 12 ends

REGULAR 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
TUESDAY, APRIL 4, 2023
The Concord City Council met in a regular meeting in the Council Chamber, located at 1950 Parkside Drive and via various telephonic/electronic locations at 6:30 p.m. on Tuesday, April 4, 2023, with Mayor Hoffmeister presiding. The pledge of allegiance was led by Councilmember Obringer. Minutes follow in abbreviated form per Resolution 3361 and Council Minutes of September 26, 1966.

ROLL CALL
COUNCILMEMBERS PRESENT: 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; Will Tarbox, Director of Public Works; Karan Reid, Director of Finance; Mark Bustillos, Chief of Police; Jasmin Loi, Director of Human Resources; Guy Bjerke, Director of Economic Development and Base Reuse; James Nakayama, Police Captain; Bernard Enrile, CIP Manager; Justine Gee, Associate Civil Engineer; Kevin Wheat, Associate Civil Engineer; Craig Blythe, Administrative Services Manager; Donna Lee, Budget and Treasury Officer; Kit Jory, Parks Manager; Ken Yee, Facilities Manager; Saravana Suthanthira, Ltd. Ser-Professional

MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Judith Herman, Concord; Ady Olvera, Concord

PUBLIC COMMENT PERIOD
Judith Herman, Concord, spoke in favor of adding an additional member to the Working Group to include a member from the LGBTIQA+ community.

PRESENTATION
PROCLAMATION – Arbor Day
Mayor Hoffmeister presented Bill Bobetsky, Concord Rotary, and Denise Miles, Wells Fargo, a proclamation declaring April 8, 2023, as “Arbor Day” in the City of Concord.

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

CITY COUNCIL/LOCAL REUSE AUTHORITY (LRA) CONSENT CALENDAR Mayor Hoffmeister opened a public comment period, and upon receiving no public comment, closed the public comment period.

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City Council Minutes April 4, 2023
2 CITY COUNCIL CONSENT CALENDAR
APPROVAL OF MINUTES – January 24, 2023
A motion was made by Obringer and seconded by Birsan to approve the minutes from the January 24, 2023, meeting. The motion passed by unanimous vote of the Council.

ADOPTION OF RESOLUTION NO. 23-22 – Pleasant Hill Landscaping and Lighting Assessment District No. 20, Commercial Area Landscaping and Lighting
A motion was made by Obringer and seconded by Birsan to adopt Resolution No. 23-22 entitled, “A Resolution Approving the Request of the City of Pleasant Hill to Allow Sunvalley Mall and Certain Other City of Concord Commercial Properties to be Included in Pleasant Hill Landscaping and Lighting Assessment District No. 20, Commercial Area Landscaping and Lighting.” The motion passed by unanimous vote of the Council.

APPOINTMENT OF APPLICANTS – Concord Commission on Aging, Concord Community Services Commission, and Concord Pavilion Community Outreach Committee A motion was made by Obringer and seconded by Birsan to appoint applicants Carlos Balladares and Janice Cameron to the Concord Commission on Aging for the remainder of four-year terms ending June 30, 2025; Stephen Sticka to the Concord Community Services Commission for the remainder of a four-year term ending June 30, 2025; Lance Ledrew to the Concord Pavilion Community Outreach Committee for the remainder of a four-year term ending February 28, 2025; and Angie Rajczyk and Merrilln Ruiz to the Concord Pavilion Community Outreach Committee for four-year terms ending February 28, 2027, as recommended by the Council Committee on Recreation, Cultural Affairs, and Community Services (Aliano/Nakamura). The motion passed by unanimous vote of the Council.

APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT AND APPROVAL OF A BUDGET TRANSFER – Galindo Street/Monument Boulevard Pavement Rehabilitation (Project No. 2452) A motion was made by Obringer and seconded by Birsan to:

1. Approve a Professional Services Agreement with Bellecci & Associates, Inc. in the not-to- exceed amount of $846,261.90 (base agreement of $769,329 plus Staff authority to spend up to a 10% contingency of $76,932.90) for design engineering and related services for Galindo Street / Monument Boulevard Pavement Rehabilitation (Project No. 2452), on Galindo Street from Salvio Street to Cowell Road, and on Monument Boulevard from Cowell Road to Detroit Avenue; and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney.

2. Approve a budget transfer in the total amount of $400,000 to Galindo Street / Monument Boulevard Pavement Rehabilitation (Project No. 2452) from Monument Boulevard Pavement Rehabilitation (Project No. 2581), Fund 407.

The motion passed by unanimous vote of the Council.

AWARD OF A CONSTRUCTION CONTRACT, APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT, AND APPROVAL OF A BUDGET TRANSFER – Treat Boulevard Pavement Rehabilitation Project – Phase 1 (Project No. 2559)
A motion was made by Obringer and seconded by Birsan to:

1. Award a construction contract in the amount of $7,113,715 to Bay Cities Paving & Grading, Inc. for the Treat Boulevard Pavement Rehabilitation Project – Phase 1 (Project No. 2559); authorizing Staff to utilize the available project contingency for contract

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City Council Minutes April 4, 2023
3 change orders that become necessary up to 5% of the contract amount; and authorizing the Mayor to execute the contract in a form acceptable to the City Attorney.

2. Approve a Professional Services Agreement with MNS Engineers, Inc., in the not-to- exceed amount of $766,024.24 (base agreement of $696,385.67 plus staff authority to spend up to a 10% contingency of $69,638.57) to provide construction management, inspection, and materials testing services for the Treat Boulevard Pavement Rehabilitation Project – Phase 1 (Project No. 2559); and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney.

3. Approve a budget transfer in the total amount of $2,600,000 to the Treat Boulevard Pavement Rehabilitation Project – Phase 1 (Project No. 2559) from Pavement Maintenance Zone 1E & 1F (PJ 2618, Fund 407).

4. Authorize the City Engineer to accept the improvements upon completion of Project No. 2559 (Phase 1), and direct the City Clerk to file a Notice of Completion.

The motion passed by unanimous vote of the Council.

CERTIFICATION OF THE FINAL MEASURE J – Growth Management Program Compliance Checklist A motion was made by Obringer and seconded by Birsan to certify the final Measure J Calendar Years 2020 and 2021 Growth Management Program Compliance Checklist for receipt of Fiscal Years 2021-22 and 2022-23 Local Street Maintenance and Improvement Funds and authorize the Mayor to sign the Compliance Checklist. The motion passed by unanimous vote of the Council.

CITY COUNCIL/LOCAL REUSE AUTHORITY (LRA) CONSENT CALENDAR AMENDMENT TO A PROFESSIONAL SERVICES AGREEMENT – ALH Urban & Regional Economics A motion was made by Obringer and seconded by Birsan to approve an amendment to the Professional Services Agreement with ALH Urban & Regional Economics in the amount of $30,000 for work drafting a new Request for Qualifications with associated documents for future Master Developer Selection establishing a new total not-to-exceed amount of $70,000; and authorize the City Manager to execute the amendment in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.

AMENDMENT TO A CONTRACT- Guardian Security Agency
A motion was made by Obringer and seconded by Birsan to approve an amendment to the contract with Guardian Security Agency in the amount of $30,000 for increased services and coverage; establish a new total not-to-exceed amount of $269,000; and authorize the City Manager to execute the amendment in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.

AMENDMENT TO A PROFESSIONAL SERVICES AGREEMENT – Burke, Williams & Sorenson, LLP This item was pulled from consideration on the agenda.

CITY COUNCIL CONSIDERATION ITEM
FISCAL YEARS 2022-23 MID-YEAR BUDGET ADJUSTMENTS
Budget and Treasury Officer Donna Lee presented the staff report by reviewing the Council Priority Focus Areas and Tier 1 and Tier 2 Priorities; providing a prior year and current year budget overview including General Fund and Measure V and the recommended mid-year budget adjustments for FYs 2022-23; and reviewing the General Fund long-range financial forecast and Measure V one-time

Page 10 of 12 ends

City Council Minutes April 4, 2023
4 investment recommendations, staffing requests, and the City Manager hiring authority. She explained that Council was being requested to adopt a Resolution amending the FY 2022-23 Municipal Budget, adopt a Resolution adopting the City of Concord’s Salary Schedule effective January 9, 2023, adopt a Resolution authorizing the City Manager to overhire critical budgeted positions, and approve new classification positions Payroll Technician I and Payroll Technician II.

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

Ady Olvera suggested that Council to consider cost saving strategies and applying them towards community service issues.

Mayor Hoffmeister closed the public comment period.

Following comments by the City Council, a motion was made by Obringer and seconded by Aliano to adopt Resolution No. 23-23 entitled, “A Resolution Amending the Fiscal Year 2022-23 Municipal Budget.” The motion passed by unanimous vote of the Council.

A motion was made by Birsan and seconded by Aliano to adopt Resolution No. 23-4735.1 entitled, “A Resolution Adopting the City of Concord’s Salary Schedule Effective January 9, 2023, in Accordance with the Requirements of California Public Employees Retirement System (CalPERS) for a Publicly Available Pay Schedule.” The motion passed by unanimous vote of the Council.

A motion was made by Nakamura and seconded by Aliano to adopt Resolution No. 23-24 entitled, “A Resolution Authorizing the City Manager to Overhire Critical Budgeted Positions.” The motion passed by unanimous vote of the Council.

A motion was made by Aliano and seconded by Obringer to approve new Payroll Technician I and Payroll Technician II Classifications. The motion passed by unanimous vote of the Council.

CORRESPONDENCE
a. Agenda Item No. 4.b – Assessment District No. 20 – Benched Map of Levied Properties b. Agenda Item No. 4.e – Treat Boulevard Pavement Rehabilitation – Benched Correspondence c. Agenda Item No. 4.g – ALH Urban & Regional Economics – Benched Correspondence d. Agenda Item No. 5.a – 2022-23 Mid-Year Budget – PowerPoint Presentation

COUNCIL REPORTS
Councilmembers Aliano and Obringer reported out on their attendance at the National League of Cities Congressional City Conference held March 26-28, 2023.

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

Councilmember Nakamura asked for and received Council support to direct staff to add an item to a future agenda in May to consider expanding the Homeless Strategic Plan Working Group to include a representative from the LGBTQ community and/or other groups.

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City Council Minutes April 4, 2023
5 ADJOURNMENT
By order of the Mayor, the meeting was adjourned on April 4, 2023, at 7:49 p.m. in memory of Jay Cortez, Jr.

LAURA M. HOFFMEISTER
MAYOR

JOELLE FOCKLER, MMC

CITY CLERK

Page 12 of 12 ends

Staff Report
Date: May 9, 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: Considering appointment of applicant Jack Moore to the Design Review Board for the Design Professional position for a four-year term ending February 28, 2027, and applicant Ronald Leone for the Public Member position for a four-year term ending February 28, 2027, as recommended by the
Council Committee on Housing and Economic Development
(Birsan/Obringer).

Report in Brief
Consider appointment of applicant Jack Moore to the Design Review Board for the Design Professional position for a four-year term ending February 28, 2027, and applicant for the Public Member position for a four-year term ending February 28, 2027, as recommended by the Council Committee on Housing and Economic Development (Birsan/Obringer).

Recommended Action
Appoint applicant Jack Moore to the Design Review Board for the Design Professional positions for a four-year term ending February 28, 2027, and applicant Ronald Leone for the Public Member position for a four-year term ending February 28, 2027, as recommended by the Council Committee on Housing and Economic Development (Birsan/Obringer).

Background
In accordance with Policy and Procedure No. 89, openings on Concord’s Design Review Board were announced on December 13, 2022. Applications were due to the

9.b9.b9.b

Page 1 of 19 ends

City Council Agenda Report
Agenda Item No. 9.b
May 9, 2023
City Clerk’s Office on Friday, January 20, 2023, at 5 p.m. When seated incumbents did not submit an application by the application deadline, the application period was extended by five (5) working days. The extended submittal deadline, Friday, January 27, 2023, was posted on the City’s website, and the incumbents were notified of the application extension.

The Design Review Board is comprised of five (5) members: three (3) design professionals that may be nonresidents of Concord, e.g., architects, landscape architects, urban designers, building designers, at least one of whom shall be a professional licensed architect, and one (1) public member, each serving a four-year term, and one (1) member of the City Planning Commission; the public member shall be a resident of Concord with previous experience or training in design concepts. The Design Review Board is requested to review the design of any development for which design review is required by City ordinance and any matter referred to the Board by the City Council, Planning Commission, Zoning Administrator, or Planning Manager, and/or staff.

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

The Board is seeking one (1) individual willing to serve as a Design Professional for a four-year term ending February 28, 2027, and one (1) individual willing to serve as a Public Member for a four-year term ending February 28, 2027. A total of five (5) applications were received and four (4) applicants qualified to be interviewed. The only application received for the design professional position was from incumbent Jack Moore, who was considered for the position without interview. The three applicants qualified to be interviewed for the public member position included: Steve Burrows, Ronald Leone, and Frederick Stumpp, Interviews were held on Tuesday, April 18, 2023, by the Council Committee on Housing and Economic Development. On May 3, 2023, Mr. Burrows withdrew his application from consideration. The applicant Summary is included as Attachment 1.

The Council Committee on Housing and Economic Development recommend the appointment of Jack Moore to serve as the Design Professional for a four-year term ending February 28, 2027, and Ronald Leone to serve as the Public Member for a four- year term ending February 28, 2027.

Public Contact
The City Council Agenda was posted and applicants have been notified.

Attachments

1. Design Review Board Applicant Summary

2. Applications

Page 2 of 19 ends

Design Review Board
Applicant Summary
April 18, 2023
Applicant
Steve Burrows (Public Member) withdrew application on
5/3/23
Ronald Leone (Public Member)
Frederick Stumpp (Public Member)
*Incumbent Jack Moore will be considered for the Design Professional position without being interviewed
Attachment 1

Page 3 of 19 ends

Application
Attachment 2

Page 4 of 21 ends

Submit Date: Jul 28, 2022
First Name Last Name
Email Address
Street Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
City of Concord
Profile

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

Employer Address
Which Boards would you like to apply for?
Design Review Board: Submitted
Steve Burrows
B2Burrows Owner Professional Engineer
Steve Burrows

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Question applies to multiple boards
If you are applying for more than one board, commission or committee please list your selections in priority order below. This will help the interviewing Council Committee know your preference when interviewing.

Design Review commission Planning commission
Question applies to multiple boards
Would you be available for evening meetings?
Yes No
Please identify the type of position you are applying for Neutral Party
Would you like to be contacted about future Board, Committee, or Commission recruitments?
Yes No
Interests and Experience
Question applies to multiple boards
Please state your reason for applying, including qualifications for this position:

Professional engineer who has managed teams of architects Question applies to multiple boards
Considering your experience and activities in business, labor, professional, social, or other organizations, indicate the experience, technical training, and/or skills which qualify you for an appointment on each desired board or commission:

Education and Training
Steve Burrows

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Upload a Resume
High School
College
Technicial/Vocational Training
Certification or Other
TERMS OF ACCEPTANCE and SIGNATURE
Question applies to multiple boards
I, applicant for a City of Concord Board, Commission or Committee, warrant the truthfulness of the information provided in this application. I certify under penalty of perjury that I am a resident of the City of Concord and meet the eligibility requirements.

Please Agree with the Following Statement
I understand that checking this box constitutes a legal signature confirming that I acknowledge and agree to the above Terms and Acceptance.

I Agree *
Electronic Signature - Please type your First and Last Name Steve Burrows
Steve Burrows

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Application

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Submit Date: Aug 26, 2022
First Name Last Name
Email Address
Street Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
City of Concord
Profile

HOME ADDRESS
Number of years at above address:
40 years
Number of years in Concord:
42 Number of years in the county:
72 Number of years at employer:

Employer Address
Which Boards would you like to apply for?
Design Review Board: Submitted
Ronald Leone
My. Diablo Unified School
District School Administrator Retired
Ronald Leone

Page 9 of 21 ends

1. Planning Commission 2. Design Review
Question applies to multiple boards
Would you be available for evening meetings?
Yes No
Please identify the type of position you are applying for None Selected
Would you like to be contacted about future Board, Committee, or Commission recruitments?
Yes No
Interests and Experience
Question applies to multiple boards
Please state your reason for applying, including qualifications for this position:

I’ve served on the Design Review Board, the Planning Commission and City Council.

Question applies to multiple boards
Considering your experience and activities in business, labor, professional, social, or other organizations, indicate the experience, technical training, and/or skills which qualify you for an appointment on each desired board or commission:

The Downtown Architectural Guidelines that are currently in place, were instituted through my leadership.

Education and Training
Ronald Leone

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Upload a Resume
High School
Woodrow Wilson High (San Francisco)
College
San Francisco State St. Mary’s College (Moraga)
Technicial/Vocational Training
College Architecture course Design courses
Certification or Other
BA History and Art MA Administration Teaching Credential Administrative Credential TERMS OF ACCEPTANCE and SIGNATURE
Question applies to multiple boards
I, applicant for a City of Concord Board, Commission or Committee, warrant the truthfulness of the information provided in this application. I certify under penalty of perjury that I am a resident of the City of Concord and meet the eligibility requirements.

Please Agree with the Following Statement
I understand that checking this box constitutes a legal signature confirming that I acknowledge and agree to the above Terms and Acceptance.

I Agree *
Electronic Signature - Please type your First and Last Name Ronald Leone
Ronald Leone

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Application

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Submit Date: Dec 14, 2022
First Name Last Name
Email Address
Street Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
City of Concord
Profile

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

Employer Address
Which Boards would you like to apply for?
Design Review Board: Submitted
Frederick Stumpp
Retired from SF Fire Dept. Fire Protection Engineer Engineer Frederick Stumpp

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Question applies to multiple boards
Are you available for evening meetings?
Yes No
Would you like to be contacted about future Board, Committee, or Commission recruitments?
Yes No
Interests and Experience
Question applies to multiple boards
Please state your reason for applying, including qualifications for this position:

I feel that my job and experience working at SF Fire Dept Plan Check reviewing and approving building construction plans will provide the board with the expertise needed to do a good and thorough review of proposed projects. I am also a Registered Professional Engineer in Mechanical and Fire Protection Engineering in the State of California.

Worked as a engineer for over 48 years.

Education and Training
Frederick Stumpp

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Upload a Resume
High School
Graduated in 1966
College
Obtained BS in Mechanical Engineering from Arizona State University in 1971 Technicial/Vocational Training
Certification or Other
Registered Professional Engineer in Mechanical and Fire Protection Engineering in the State of California.

TERMS OF ACCEPTANCE and SIGNATURE
Question applies to multiple boards
I, applicant for a City of Concord Board, Commission or Committee, warrant the truthfulness of the information provided in this application. I certify under penalty of perjury that I am a resident of the City of Concord and meet the eligibility requirements.

Please Agree with the Following Statement
I understand that checking this box constitutes a legal signature confirming that I acknowledge and agree to the above Terms and Acceptance.

I Agree *
Electronic Signature - Please type your First and Last Name Frederick Stumpp
Frederick Stumpp

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Application

Page 12 of 21 ends

Submit Date: Dec 30, 2022
First Name Last Name
Email Address
Street Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
City of Concord
Profile

HOME ADDRESS
Number of years at above address:
38 Number of years in Concord:
50+\ -
Number of years in the county:
55+\-
Number of years at employer:

Employer Address
Which Boards would you like to apply for?
Design Review Board: Submitted
Jack Moore
Retired Principal Architect
Jack Moore

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I have been a member of the DRB SINCE 1995 and desire to continue my service on that board. I view the function of the DRB as a contributing factor to maintain a quality built environment.

SEXPERIENCE: From approximately 1962 to 2017 (55 years) I have been employed (by firms in San Francisco) in the architectural profession as a drafter, project manager, VP of technical services, and finally as Principal of my own firm JM architects located in Concord. TECHNICAL TRAINING: mechanical drafting in high school and jr. college. Graduated from UC Berkeley with a Bachelor of Architecture degree in 1968. I was a member of the San Francisco AIA and served the building codes and interiors committees. I was licensed as an architect in California, Arizona, Nevada, New Mexico and Idaho. I was certified by the NCARB. My California License #C6162 is currently inactive. To maintain my License I participated in continuing education classes. All of that being said, technical training, drafting, licensing and all, Architecture is a profession that is truly learned by doing. And to that end I have been “practicing” for over 55 years.

Jack Moore

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Upload a Resume
Education and Training
High School
4 years, graduated from Natrona County High School class of 1955.

College
1 year Casper College, Casper Wyoming, 1955-56. University of California Berkeley, CA 1956-1961.

Graduated Bachelor of Architecture 1968
Technicial/Vocational Training
Architecture degree, AutoCad drafting, continuing education seminars and classes as a licensed Architect.

Several business management courses and seminars through the years.

Certification or Other
Bachelor of Architecture Degree 1968 Licensed Architect California #C6162.- present NCARB certification.

Please Agree with the Following Statement
I understand that checking this box constitutes a legal signature confirming that I acknowledge and agree to the above Terms and Acceptance.

I Agree *
Electronic Signature - Please type your First and Last Name Jack Moore (William John Moore)
Jack Moore

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Staff Report
Date: May 9, 2023
To: City Council/City Council Sitting as the Local Reuse Authority From: Valerie J. Barone, City Manager
Reviewed by: Guy Bjerke, Director of Economic Development and Base Reuse Prepared by: Lisa Potvin-Roeber, Downtown Program Manager [email protected]
(925) 671-3403
Subject: Considering approval of a Professional Services Agreement with the Pacific Coast Farmers' Market Association for a three year term (May 1, 2026) to continue to produce and manage the Concord Farmer's Market in Todos Santos Park, and
authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney.

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

Report in Brief
The Pacific Coast Farmers’ Market Association (PCFMA) is currently managing, operating, and marketing the Concord Farmers’ Market under the professional services agreement that was approved in February 2016. The agreement expired in February 2023.

The PCFMA is a California Certified Farmers’ Market operating more than 30 farmers’ markets in Northern California, with their headquarters in Concord, California.

The new agreement extends the PCFMA operations until 2026, and will allow the market to continue to provide this high-quality service to the community. The Concord Farmers’ Market is a great addition to our community and helps to promote economic vitality through bringing more visitors to our downtown.

9.c9.c9.c

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City Council Agenda Report
Agenda Item No. 9.c
May 9, 2023
Recommended Action
Approve the professional services agreement with the Pacific Coast Farmers’ Market Association to continue to manage operations of the Concord Farmers’ Market, and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney, and make the CEQA determinations as provided in this staff report.

Background
The PCFMA has been working in partnership with the City of Concord and operating the Tuesday Farmers’ Market in downtown since 1992. Additionally, the PCFMA began operating the Thursday market in 1996 to help create what is now, Music & Market.

They have been a proud partner and sponsor of the event for 27 years.

The PCFMA works with over 250 farmers in California and 225 other businesses to bring fresh fruits, produce, hot foods and makers to the downtown. Additionally, the PCFMA has a market match program, accepting WIC-FMNP and EBT dollars and even matching those dollars spent giving everyone access to healthy foods. By helping to stretch the CalFresh safety net benefits, Market Match makes it easier to choose fruits and veggies over processed foods. At the same time, they are directly supporting central and Northern California family farms.

The PCFMA partners with the Todos Santos Business Association (TSBA), to ensure hot food vendors do not compete with any business in downtown, additionally through the TSBA any business can book a booth space at the Tuesday or Thursday market, to help engage with customers and share information about their business. The TSBA markets this opportunity to new businesses as a key benefit to join the TSBA and be a member.

Analysis
The PCFMA has been a long-standing partner providing this service at no cost to the City of Concord for over 31 years.

As part of this agreement, the PCFMA handles all permits for the market including permits with Contra Costa County Fire, Contra Costa County Health, and the Department of Environmental Health. To ensure safety measures are met and that we are providing the highest quality services to the community.

The Concord Farmers’ Market is a resource to those most in need, promotes the economic vitality of the downtown and is a long-standing attraction drawing thousands of people to the downtown each week. The Concord Tuesday Market attracts an average of 1,000 visitors every Tuesday during the summer months; on an otherwise quiet day for the downtown this is a huge benefit to promote community engagement and the economic vitality of the downtown by bringing in more patrons and visibility.

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City Council Agenda Report
Agenda Item No. 9.c
May 9, 2023
Financial Impact
There are no costs associated with this agreement to the City. The PCFMA contributes a $5,000 sponsorship of the Music & Market Series to the City on an annual basis.

Environmental Determination – Pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c)(2), 15061(b)(3), 15273, and/or 15378, City Council action on this item does not constitute a “project” within the meaning of CEQA 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.

Attachment

1. Professional Services Agreement with PCFMA with Exhibit A – Scope of Services - PCFMA 2023-2026 Management, Operating, and Marketing Plan

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AGREEMENT FOR PROFESSIONAL SERVICES
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THIS AGREEMENT ("Agreement") is entered into on May 9, 2023 between the City of Concord, a California municipal corporation, ("CITY") and Pacific Coast Farmers’ Market, 501(c)(5) organization, 5060 Commercial Circle, Suite A, 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 May 1, 2023 and expire on May 1, 2026.

A. Extension of Term. Upon mutual written agreement by the parties, the term of this Agreement may be extended for two additional periods of three years commencing upon the expiration of the initial or extended term, subject to the same terms and conditions of this Agreement.

CONSULTANT shall give written notice of its request for extension of the term of the Agreement to the City’s Authorized Representative, as identified in Section 4 below, at least thirty (30) days prior to expiration of the initial or extended term.

The extension(s) of the term of this Agreement shall be subject to a review of CONSULTANT’S performance in accordance with the terms and conditions of this Agreement and shall be subject to City approval. Such extension of time shall be in writing by a duly executed Amendment to this Agreement.

2. SCOPE OF SERVICES. Subject to such policy direction and approvals provided by the CITY's Authorized Representative, CONSULTANT shall perform the services described in detail in Exhibit A, Scope of Services as listed in the Concord Farmers’ Market 2023-2026 Management, Operating, and Marketing Plan. CITY, in turn, shall provide the services that is has agreed to undertake with respect to the Concord Farmer’s Market, as set forth in Exhibit A. CITY retains all rights of approval and discretion with respect to the projects and undertakings contemplated by this Agreement.

3. 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 Attachment 1

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by the City Council. The CITY’s authorized representative is Lisa Roeber, Downtown Program Manager of the Economic Development & Base Reuse Department. The CONSULTANT’s authorized representative is Allen Moy, Executive Director of the Pacific Coast Farmers’ Market Association.

4. 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.

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

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

As an independent contractor, CONSULTANT shall not be eligible for any benefits, which the City may provide to its employees and all persons, if any, hired by CONSULTANT shall be employees or subcontractors of CONSULTANT and shall not be construed as employees or agents of the CITY in any respect. CONSULTANT shall receive no premium or enhanced pay for work normally understood as overtime, i.e., hours that exceed forty (40) hours per work week, or work performed during non- standard business hours, such as in the evenings or on weekends. CONSULTANT shall not receive a premium or enhanced pay for work performed on a recognized holiday. CONSULTANT shall not receive paid time off for days not worked, whether it be in the form of sick leave, administrative leave, or for any other form of absence. CONSULTANT shall pay all taxes, assessments and premiums under

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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.

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

7. 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. CONSULTANT shall have the exclusive right to sell food and merchandise during hours set forth in this Agreement designated for the Farmer’s Market.

8. 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

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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.

9. INDEMNIFICATION.

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

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

10. INSURANCE. CONSULTANT agrees to have and maintain the policies set forth in Exhibit B which is attached hereto and incorporated herein. All policies, endorsements, certificates, and/or binders shall be subject to approval by the City Attorney as to form and content and shall be provided no later than thirty (30) calendar days following the execution of this Agreement by both parties. These requirements are subject to amendment or waiver only if so approved in writing by the CITY. A lapse in any required insurance coverage during this Agreement shall be a breach of this Agreement. The insurance contemplated under this provision shall remain in full force and effect during the term of this Agreement.

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11. 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.

12. SUSPENSION OF WORK. CITY may, at any time, by 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.

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

14. 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 on the basis of any protected class pursuant to California law. 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.

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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 basis of any protected class pursuant to California law.

15. CONFLICT OF INTEREST.

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

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

16. 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.

17. 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

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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.

18. 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.

19. 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.

20. 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.

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

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party benefit. This Agreement is not intended and shall not be construed to create a joint venture or partnership between the parties. CONSULTANT, its officers, employees and agents shall not have any power to bind or commit the CITY to any decision.

22. 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.

23. 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: Error! Reference source not found., Error! Reference source not found.

Economic Development & Base Reuse
City of Concord
1950 Parkside Drive
Concord, CA 94519-2578
Phone: (925) 808-1780
Email: [email protected]
To CONSULTANT: Error! Reference source not found., Error! Reference source not found.

Error! Reference source not found.

Error! Reference source not found., Error! Reference
source not found.Error! Reference source not
found.

Phone: (925) 825-9090
Email: [email protected]

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

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

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

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

CONSULTANT CITY OF CONCORD, a Municipal
Corporation
By:_________________________________ By:______________________________ Name: Allen MoyError! Reference source not found. Name: Valerie J.

Barone
Title: Executive DirectorError! Reference source not found. Title City Manager Address: Error! Reference source not found. Address: 1950 Parkside Drive Error! Reference source not found.,Error! Reference source not found. Error! Reference source not found. Concord, CA 94519
Telephone: (925) 825-9090 Telephone: (925) 671-3150
Email: [email protected]
APPROVED AS TO FORM: ATTEST:

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

Concord, California
Date:

I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED

DURING THE CURRENT FISCAL YEAR TO PAY THE ANTICIPATED
EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.

THE SUM OF $N/AError! Reference source not found.. Account Code N/A

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Finance Director's Signature

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EXHIBIT “B”
CONSULTANT shall procure and maintain for the duration of the contract insurance against claims from injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by CONSULTANT, their agents, representatives, employees or subcontractors.

MINIMUM SCOPE OF INSURANCE.

Coverage shall be at least as broad as:

1. Commercial General Liability Policy: CONSULTANT shall maintain during the term of this Agreement a commercial general liability insurance policy providing coverage of at least one million ($1,000,000) combined single limit per occurrence or two million ($2,000,000) aggregate limit for bodily injury, personal injury and property damage. The coverage shall contain no special limitations on the scope or protection afforded to CITY, its officers, officials, agents, employees, or volunteers. CONSULTANT’s insurance coverage shall be primary insurance with respect to CITY, its officers, officials, agents, employees, and volunteers. Any insurance, risk pooling arrangement, or self-insurance maintained by CITY, its officers, officials, agents, employees, or volunteers shall be in excess of CONSULTANT’s insurance and shall not contribute with it.

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

3. 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.

4. Workers Compensation: CONSULTANT covenants that it will insure itself against liability for Workers' Compensation pursuant to the provisions of California Labor Code §3700, et seq.

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

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If CONSULTANT maintains broader coverage and/or higher limits than the minimums shown above, the CITY requires and shall be entitled to the broader coverage and/or higher limits maintained by CONSULTANT. A lapse in any required insurance coverage during this Agreement shall be a breach of this Agreement.

The policies are to contain, or be endorsed to contain the following provisions:

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

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

2. Primary Coverage. CONSULTANT'S insurance coverage shall be primary insurance with respect to CITY, its officers, officials, agents, employees, and volunteers. Any insurance, risk pooling arrangement, or self-insurance maintained by CITY, its officers, officials, agents, employees, or volunteers shall be in excess of CONSULTANT'S insurance and shall not contribute with it.

3. Reporting Provisions. Any failure to comply with the reporting provisions of the policy shall not affect the coverage provided to the CITY, its officers, officials, agents, employees, or volunteers.

4. Verification of Coverage. CONSULTANT shall furnish CITY with 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.

5. Inclusion in Subcontracts. To the extent any of the services required of CONSULTANT under this Agreement are subcontracted to a third party, CONSULTANT shall include all of the provisions of this Section in all such subcontracts as obligations of the subcontractor.

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Exhibit A
Concord Farmers’ Market
2023-2026 Management, Operating, and Marketing Plan

1. Management and Operations

1.1. Responsibilities of PCFMA

1.1.1. Provide management and secure necessary permits to operate in accordance with applicable laws.

1.1.2. Maintain liaison with Concord Police and Contra Costa County Departments of Agriculture and Environmental Health.

1.1.3. Meet with City staff and provide requested reports as needed.

1.1.4. Recruit eligible producers whom:

1.1.4.1. Provide quality products.

1.1.4.2. Provide a good mix of products including one or two gourmet vendors (i.e., cheese, smoked salmon, sausage, etc.).

1.1.4.3. Provide excellent customer service.

1.1.4.4. Adhere to all health and safety requirements.

1.1.5. Assure producer compliance with:

1.1.5.1. State and County rules and regulations.

1.1.5.2. PCFMA market rules regarding:

1.1.5.2.1. Product quality

1.1.5.2.2. Attractive appearance of sales stall

1.1.5.2.3. Appropriate clean-up procedures

1.1.5.2.4. Safe food handling criteria.

1.1.5.3. City's No-Smoking policy.

1.1.5.4. California Recycling Law Requirements.

1.1.6. Implement market-day systems in compliance with the terms of Pacific Coast Farmers' Market Use Permit 5-94.

1.1.6.1. Grower stall location - consolidate placement of growers on the site.

1.1.6.2. Food vendors - consolidate placement of food vendors and continue to maintain variety of choices while not competing with Todos Santos restaurants; strive to offer Todos Santos restaurants first choice to go into market as vendor.

1.1.6.3. Parking - place barricades into parking stalls at both markets.

1.1.6.4. Information booth and Market Manager access:

1.1.6.4.1. Market Manager is physically present at all markets and wears

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distinguishing attire so as to be easily identified;

1.1.6.4.2. Provide items of interest to customers (product information, recipes).

1.1.6.5. Signage.

1.1.6.5.1. Placement and size of signs are subject to Planning, Engineering, and Transportation staff approval prior to initiating market operations.

1.1.6.5.2. No A-frame signs may be placed outside of the market boundaries.

1.1.6.5.3. Signs will be professionally manufactured.

1.1.6.5.4. If market time changes, PCFMA will pay the cost of replacing the City parking signs.

1.1.6.6. Monitor traffic safety as producers arrive and depart the market location to ensure streets and crosswalks are not blocked and pedestrian safety is maintained.

1.1.6.7. Market security - PCFMA management will report security problems to Concord Police.

1.1.6.8. Clean up of site - Plaza should be returned back to condition that existed prior to market.

1.1.6.9. Work with the City of Concord on a mutually agreeable recycling plan that meets State of California recycling law requirements for large events (AB 2176, 2004).

1.1.7. Provide optimum number of farmers and non-agricultural producers to maintain variety of consumer choices.

1.1.8. Provide annual year-end reports, including the following performance measures:

1.1.8.1. Total number of producers selling at the market by producer type.

1.1.8.2. Total sales space occupied at the market by producer type.

1.1.8.3. Total customer visits.

1.1.8.4. Total public benefits (CalFresh, WIC, etc.) redeemed at the market.

1.1.8.5. Estimated marketing reach.

1.1.9. Provide space at no charge in the market for merchants with the Todos Santos Business Association to setup booths to advertise their businesses.

1.2. Responsibilities of City of Concord

1.2.1. Coordinate/facilitate police services as required by the Concord Police Department or as requested by the PCFMA. City staff will attempt to provide service through schedule shifting or other means to avoid costs to PCFMA. If costs are incurred, those costs will be the responsibility of PCFMA.

1.2.2. Coordinate/facilitate trash pick-up, if necessary. City staff will attempt to provide service through schedule shifting or other means to avoid costs to PCFMA. If costs are incurred, those costs will be the responsibility of PCFMA.

1.2.3. Waive fees for use of Todos Santos Plaza for the Concord Farmers’ Market.

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1.2.4. Make barricades available to PCFMA.

1.2.5. Deploy barricades and pedestrian crossing signage as needed when organizing larger events that occur in conjunction with the market.

1.2.6. Inform PCFMA in a timely manner of any disruptions to Todos Santos Plaza or the surrounding streets that might impact the ability of producers or customers to access the farmers’ market.

1.2.7. Inform PCFMA in a timely manner of any city-sponsored events occurring in or around Todos Santos Plaza that might impact the operations of the Concord Farmers’ Market.

1.2.8. Work with PCFMA on a mutually agreeable recycling plan that meets State of California recycling law requirements for large events (AB 2176, 2004).

2. Marketing and Promotion

2.1. Responsibilities of PCFMA

2.1.1. Advertise market in local media which may include print, cable TV, radio, direct mail, environmental signage, and other media outlets.

2.1.1.1. Provide a media advertising schedule to the City.

2.1.2. Maintain a website page specific to the Concord Farmers’ Market containing updated information about the market.

2.1.3. Grow and maintain social media avenues with a dedicated Concord Farmers’ Market Facebook page containing updated information about the market.

2.1.4. Grow and maintain email contact list with emails sent monthly promoting the products, producers, and promotions that happening that month related to the Concord Farmers’ Market.

2.1.5. Facilitate WIC/CalFresh program outreach.

2.1.6. Create opportunities to cross promote City of Concord Downtown events.

2.1.7. Provide an annual sponsorship of $5,000 for each season in which the City of Concord organizes at least 18 musical performances as a part of the Music and Market series in conjunction with the Thursday evening Concord Farmers’ Market.

2.2. Responsibilities of City of Concord

2.2.1. Provide PCFMA with list of elected officials, city staff, and other active citizens.

2.2.2. Include the Farmers' Market operating hours and a description of the site in the City newsletter and other appropriate publications.

2.2.3. Designate areas for possible environmental ads and marketing collateral i.e. posters and signs.

2.2.4. Create opportunities to cross-promote Concord Farmers’ Market events.

2.2.5. Organize and promote the Music and Market series in conjunction with the Thursday evening Concord Farmers’ Market.

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Staff Report
Date: May 9, 2023
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kevin Marstall, PE, Director of Community Development Carlton Thompson, PE, City Engineer
Bernard Enrile, PE, CIP Manager
Prepared by: Deyuanne Lei, PE, Associate Civil Engineer [email protected]
(925) 671-3049
Subject: Considering the following:

1. Award of a Construction Contract in the not-to-exceed amount of $3,029,134.35 (base agreement of $2,753,758.50 plus staff authority to spend up to a 10% contingency of $275,375.85) to Pavement Coatings Co. for the Citywide
Arterial & Collector Maintenance Project #2 (Project No. 2527) located on up to 6 miles of arterial & collector streets throughout the City and for the Corporation Yard Slurry and Re-Stripe Project (Project No. 2662) located at the
Corporation Yard; and authorizing the Mayor to execute the contract in a form acceptable to the City Attorney.

2. Authorizing the City Engineer to accept the improvements upon completion of Project No(s). 2527 and 2662, and direct the City Clerk to file a Notice of Completion.

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

Report in Brief
The Citywide Arterial & Collector Maintenance Project #2 (Project No. 2527) will consist of performing pavement preventative maintenance on up to six (6) miles of arterial and

9.d9.d9.d9.d

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City Council Agenda Report
Agenda Item No. 9.d
May 9, 2023
collector streets, by applying an appropriate slurry seal treatment. Staff also included Corporation Yard Slurry & Re-Stripe Project (Project No. 2662) into Project No. 2527, due to the similarity in the scope of work and with a goal to reduce costs. 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 June 2023 and be completed by August 2023.

Construction of the Citywide Arterial & Collector Maintenance #2 Project (Project No. 2527) consists of mobilization; traffic control; water pollution control program; crack sealing; type II slurry seal with black rock; digouts; reconstructing concrete sidewalk, curb, gutter, curb ramps, valley gutter and catch basins; pruning and removing tree roots; adjusting utility covers to finish grade; removal & replacement of traffic striping and pavement markings; installation of roadside signs and tuff curbs.

Construction of the City Corporation Yard Slurry & Restripe Project (Project No. 2662) consists of mobilization; traffic control; water pollution control program; and type II slurry seal with black rock.

Recommended Action

1. Award a Construction Contract in the not-to-exceed amount of $3,029,134.35 (base agreement of $2,753,758.50 plus staff authority to spend up to a 10% contingency of $275,375.85) to Pavement Coatings Co. for the Citywide Arterial & Collector Maintenance Project #2 (Project No. 2527) located on up to 6 miles of arterial & collector streets throughout the City and for the Corporation Yard Slurry and Re-Stripe Project (Project No. 2662) located at the Corporation Yard; and authorizing 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.

2. Authorize the City Engineer to accept the improvements upon completion of Project No(s). 2527 and 2662, and direct the City Clerk to file a Notice of Completion.

Background
On June 1, 2020, City Council approved the proposed Five-Year Pavement Expenditure plan, which included Citywide Arterial & Collector Maintenance Project #2 (Project No. 2527). Streets were selected from a 2019 Citywide Arterial & Collector Maintenance Project #1 (Project No. 2458) that were not awarded in 2019 due to limited funding availability. Rather they were moved to a new project, the Citywide Arterial & Collector Maintenence Project #2 (Project No. 2527).

The following streets are included in the proposed project award (See Attachment 1 for a location map):
- Concord Boulevard, from Port Chicago Highway to Bailey Road;

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City Council Agenda Report
Agenda Item No. 9.d
May 9, 2023
- Port Chicago Highway, from East Olivera Road to Panoramic Drive; - Oak Grove Road, from Monument Boulevard to Whitman Road; - Pacheco Street, from Concord Avenue to Port Chicago Highway; - Walters Way, from Detroit Avenue to Monument Boulevard; and - Zone 5L (Almond Avenue, Bacon Street, Galindo Street, Grant Street & Mt.

Diablo Street).

On October 5, 2021, a Task Order was executed for design services for Project No. 2527 from the Design Engineer’s (PEI) Master Agreement. Staff also included Corporation Yard Slurry and Re-Stripe Project (Project No. 2662) into Project No. 2527 due to similar scope of work and to attract contractors who prefer to bid on larger projects. The design was completed in March 2023.

On June 28, 2022, the City Council adopted the 2-Year CIP Budget for Fiscal Years 2022-23 and 2023-24, with an included appropriation of $3,324,000 to fund the construction of the Citywide Arterial & Collector Maintenance #2 Project and $82,500 to fund the construction of Corporation Yard Slurry & Restripe Project. Construction is expected to begin in June 2023 and be completed by August 2023.

On September 13, 2016, the City 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. This construction project will be subject to the requirements of the Project Stabilization Agreement as the construction costs exceeds $750,000. The general contractor and subcontractors have submitted the required agreement to be bound to the Citywide Project Stabilization Agreement.

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 Base Bid, Additive Bid #1, and Additive Bid #2 are $2,200,000, $200,000, and $150,000 respectively. During the bid period, one Bid Addendum was issued. Bid(s) were opened on April 13, 2023. One (1) bid was received from Pavement Coatings Co. in the total bid amount of $2,753,758.50. A summary of the bid is as follows:

BID SCHEDULE Engineer's Estimate Pavement Coatings Co.

Base Bid $ 2,200,000 $ 2,427,440.64
Additive Bid #1 $ 200,000 $ 250,817.86
Additive Bid #2 $ 150,000 $ 75,500.00
Total Bid $ 2,550,000 $ 2,753,758.50

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City Council Agenda Report
Agenda Item No. 9.d
May 9, 2023
Pavement Coatings Co. submitted a responsive and responsible bid. Staff determined that the bid is a fair and reasonable compensation since the bid is within 7% of the engineer’s estimate. Pavement Coatings Co. has an appropriate and valid contractor’s license and satisfactory work references.

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

Financial Impact
The current construction budget for Project No. 2527 is $3,850,000 and for Project No. 2662 is $82,500. The projects are funded by Measure V (Fund 407). There are sufficient funds to award the construction contract and a construction contingency of 10 percent.

Environmental Determination
Pursuant to CEQA Guidelines Sections 15060(c), 15061(b)(3), 15378, and Public Resources Code Section 21065, award of this contract is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, as it will not result in a direct or reasonably foreseeable indirect physical change in the environment. In the alternative, award of this contract is exempt under CEQA Guidelines Sections 15301 – Existing Facilities, 15302 – Replacement and Reconstruction, 15303 – New Construction or Conversion of Small Structures, and/or 15304 – Minor Alterations to Land, as it involves constructing concrete sidewalk, landscaping, traffic signal equipment, striping, and paving work. No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 applies. This determination reflects the City’s independent judgement and analysis. The Notice of Exemption will be filed with the County Clerk’s office following the Council award of the construction contract.

Public Contact
The City Council Agenda was posted.

Attachments

1. Location Map

2. Bid Summary

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ATTACHMENT 1

LOCATION MAP
Citywide Arterial & Collector Maintenance Project #2
City Project No. 2527

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From: Barone, Valerie <[email protected]> Sent: Monday, May 8, 2023 4:26 PM
To: McAuley, Wendy <[email protected]>; Ezell, Justin <[email protected]>; Thompson, Carlton <[email protected]>; Marstall, Kevin <[email protected]>; Fockler, Joelle <[email protected]> Subject: FW: Project No 2527 on Tuesday's Council Agenda--additional project description

This e-mail is being shared with all Councilmembers

Laura N., thanks for asking the question. See the response below. Your question made our City Engineer realize that part of the project description was removed accidently during an internal editing process. So they are grateful for the opportunity to add this information to the record. It will be benched for tomorrow night’s meeting.

Valerie

Valerie Barone, City Manager (She/Her)
City of Concord | Website: www.cityofconcord.org
w (925) 671-3150 | [email protected]
1950 Parkside Drive, MS/01, Concord, CA 94519

-----Original Message -----
From: Thompson, Carlton <[email protected]> Sent: Monday, May 8, 2023 3:36 PM
To: Barone, Valerie <[email protected]>
Cc: Marstall, Kevin <[email protected] >; McAuley, Wendy <[email protected]>; Ezell, Justin <[email protected] > Subject: RE: Project No 2527 on Tuesday's Council Agenda

Valerie,

Yes, the traffic striping for this project does includes changes such as, adding high visibility crosswalks (Ladder Type Crosswalks) for increased pedestrian safety on Pacheco Street, Oak Grove Road, Concord Blvd, and Residential Zone 5L (Almond Ave, Mt. Diablo St, Grant St) and Walters Way. In addition, within the 3-mile stretch of Concord Blvd and Walters Way, Bike lanes and buffered bike lanes were included in areas that currently do not have it for increased bicycle safety. New Bicycle signs will also be installed along Concord Blvd.

The Striping changes were presented to the Bicycle and Pedestrian Committee on April 10. The committee supported the changes and comments were received which included investigating the storm grates on Concord Blvd so that they are Bike Friendly, and also adding a delineators on Concord Blvd and Sunset. These comments have been taken into account and will be implemented by staff as part of the project

Benched Correspondence
Agenda Item No. 9.d
May 9, 2023

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-----Original Message -----
From: Nakamura, Laura <[email protected]> Sent: Sunday, May 7, 2023 7:53 PM
To: Barone, Valerie <[email protected]>
Subject: Project No 2527

Hello Valerie,
Regarding the construction bid on Tuesday’s agenda:

“Construction of the Citywide Arterial & Collector Maintenance #2 Project (Project No. 2527) consists of mobilization; traffic control; water pollution control program; crack sealing; type II slurry seal with black rock; digouts; reconstructing concrete sidewalk, curb, gutter, curb ramps, valley gutter and catch basins; pruning and removing tree roots; adjusting utility covers to finish grade; removal & replacement of traffic striping and pavement markings; installation of roadside signs and tuff curbs.”

Does the traffic striping include any changes; additional markings for pedestrian or bicycle safety?

Thanks in advance for your response.

Laura

Sent from my iPad

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Staff Report
Date: May 9, 2023
To: City Council/City Council Sitting as the Local Reuse Authority From: Valerie J. Barone, City Manager
Prepared by: Guy Bjerke, Director, Economic Development & Base Reuse [email protected]
(925) 671-3076
Subject: Considering a Master Developer Selection Process for the former Concord Naval Weapons Station and a Draft Request for Qualifications; and authorizing the release of the Request for Qualifications based on Council direction.

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

Report in Brief
Staff is proposing a selection process and the attached Draft Request for Qualifications (RFQ) as the method for the City Council/Local Reuse Authority (LRA) to choose the next master developer for the Reuse Project at the former Concord Naval Weapons Station; and seeks City Council authorization to release the RFQ subject to any additional direction provided at this meeting.

The proposed RFQ is a hybrid that includes specific questions for respondents to answer in addition to providing their qualifications to implement the project. The selection process is written to select a master developer for the entire Development Area (approximately 2,300 acres) assuming performance milestones to be negotiated following selection are met.

The RFQ provides extensive background information on the Reuse Project and its history. It establishes LRA expectations for a successful project; identifies the qualifications the LRA seeks in a master developer; and asks respondents to answer key questions about their approach to the project.

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City Council Agenda Report
Agenda Item No. 10.a
May 9, 2023
The selection process is different from the steps used in the 2014-16 effort (Lennar), but similar to the steps used in the 2021-22 effort (Concord First Partners). Lessons learned from these past attempts to select and collaborate with master developers have been incorporated into this RFQ. The goal is to expedite the selection process allowing the LRA to choose a master developer before the end of 2023. This will allow the LRA and chosen master developer the ability to start the Specific Plan and Environmental Impact Report in early 2024 leading to land-use entitlements, a Disposition & Development Agreement, and an Economic Development Conveyance Agreement with the U.S. Navy in 2026.

Recommended Action
Review the master developer selection process for the former Concord Naval Weapons Station and a draft RFQ; take public comments; provide Council direction to staff if any changes are desired; and authorize the release of the RFQ, based on Council direction.

Background
On March 14, 2023, the City Council/LRA met to discuss next steps after the expiration of the Exclusive Agreement to Negotiate with Concord First Partners, LLC (CFP) on January 31, 2023. The LRA discussed issues identified in the consideration of the CFP Term Sheet and directed staff to analyze and address them in drafting a proposed Hybrid RFQ for a future master developer selection. Clarifying these Term Sheet considerations in the Hybrid RFQ will ensure that respondents understand the LRA’s expectations regarding the project’s community benefits and financial feasibility.

A Term Sheet is a preliminary document not a final agreement and subject to change as the Specific Plan is written, adopted and eventually tested against the marketplace.

The Term Sheet is an agreed upon vision of what the project will try to achieve.

The Term Sheet considerations discussed with the City Council, and used to interview prospective master developers, and community stakeholders include the following:

1. Should a Project Labor Agreement (PLA) continue to be required? If so:
a. Should a prospective master developer be required to negotiate and reach agreement on a PLA prior to LRA selecting a new master developer or should negotiation of a PLA be deferred until after master developer selection? b. Should the LRA require that the terms of any PLA be disclosed to the City Council and public?
c. Rather than a public disclosure of the PLA, would a public disclosure by the prospective master developer summarizing the scope and potential financial impacts of the PLA be more appropriate?

2. Should the LRA express a willingness to consider changes to aspects of the Area Plan to enhance the financial feasibility of the project?

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City Council Agenda Report
Agenda Item No. 10.a
May 9, 2023
a. Is the LRA willing to increase the residential unit cap in the Area Plan? b. If the residential unit cap is increased, how should the Affordable Housing component be addressed to respond to the increase?
c. What is a realistic green frame (buffer) expectation north of Willow Pass Road?

3. Should the project’s first phase be guided by the market or should it, regardless of market conditions, be required to incorporate Transit Oriented Development (TOD) near the North Concord BART Station? If yes to requiring incorporation of TOD in phase 1, are there parameters on what would be acceptable to the LRA?

4. Should the community benefits proposed in the latest (CFP) Term Sheet (found in the Reuse Project’s website at
www.concordreuseproject.org/DocumentCenter/View/2273/Jan7Staff- ReportandTS) not already discussed above be required in the future Term Sheet, subject to demonstration of financial feasibility?

5. Should the LRA require the master developer to provide quarterly reporting of litigation, threats to the company’s financial condition, and changes to company leadership? Should other topics be added to this required disclosure?

6. Should the City continue to require that the Specific Plan and CEQA documents include the North Concord BART Station property?
Staff and LRA consultants interviewed or discussed the project generally with the following developers/builders: Brookfield, City Ventures, Lennar, Lewis, Shea, Signature, and Summerhill.

Stakeholders that were interviewed or provided comments on the questions or selection process included: Contra Costa Building & Construction Trades Council, East Bay Leadership Council, United Food & Commercial Workers Union, the constituent groups of the Community Coalition for a Sustainable Concord – Central Labor Council, East Bay Housing Organizations, Greenbelt Alliance, Monument Impact, and Save Mount Diablo. Several interested residents also provided comments at the March 14 City Council meeting and in emails. Written communications, as received, have been attached as correspondence to this staff report.

The various answers, comments and ideas provided by developers, stakeholders, and residents are addressed in the following Analysis section of this report.

Analysis
The City needs to complete a Specific Plan and Environmental Impact Report to create entitlements for the approximately 2,300 acres it expects to receive from the Navy in an Economic Development Conveyance (EDC). To complete the negotiations of the EDC

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City Council Agenda Report
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May 9, 2023
agreement the Navy has requested the City select a master developer to help prepare a financial analysis of the approved project.

The LRA desires to identify an experienced master developer who can incorporate lessons learned from the previous efforts and prepare a responsive and financially feasible strategy for development of the CNWS Reuse Project. The new master developer would need to propose a Term Sheet, and, upon LRA/Council approval, finance and work with staff to guide the drafting of a Specific Plan, prepare an Environmental Impact Report (EIR), help negotiate the EDC agreement with the U.S.

Navy, and invest significant resources to bring required infrastructure (roads, water, sewer, electricity) to the CNWS site. The master developer will be required to spend tens of millions of dollars on project and land use planning and hundreds of millions of dollars on critical infrastructure and related improvements over the course of the 30-40 year project.

Selecting a new Master developer and quickly getting started on the Reuse Project’s entitlement process is a top priority of the LRA and the Navy.

Interviews/Conversations by Topic

1. Project Labor Agreement / Disclosure?
The City Council has directed staff to include the requirement of an executed Project Labor Agreement in any respondent’s Statement of Qualifications. The City Council also expressed a desire for public disclosure of the provisions of the PLA but were open to suggestions about the appropriate timing of such disclosure. The developers interviewed expressed a general preference for maintaining the confidentiality of the PLA during the competitive selection process and disclosing the PLA after the City Council has made a selection. (See RFQ Section 5.2.8 – Project Labor Agreement and RFQ Section 3.11 – Construction Labor) A PLA with the Contra Costa Building and Construction Trades Council which covers vertical and horizontal construction and Concord First policy commitments would be presumed to meet the Council’s direction. While a PLA is not required for submittal of a responsive SOQ, all respondents must demonstrate an ability to meet the City’s Concord First construction workforce policy commitment by including a written Concord First construction workforce plan and showing how that plan will be effective in achieving the items listed within the policy commitments. In addition, respondents shall explain how they intend to maximize development opportunities for local firms and purchases of construction materials from local businesses.

Respondents will be asked to address this in response to RFQ Section 5.2.4 – Responses to Questions: #7 and #8.

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City Council Agenda Report
Agenda Item No. 10.a
May 9, 2023

2. Changes to the Area Plan? Impact to Affordable Housing Goal? Developers stressed the need for flexibility in planning for the future while also expressing their belief that the Concord Reuse Project (CRP) Area Plan’s 12,200 residential unit cap and commercial square footage should be financially feasible for a project of this scale.

Stakeholders also expressed an understanding of the possible need for a trade-off of additional units/square footage and community benefits to achieve financial feasibility for the project, but stressed the need for a transparent, community discussion before decisions about those trade-offs are made. They also stressed the desire that any additional affordable units required to achieve the LRA’s 25% goal be traditional units – not Accessory or Junior Accessory Dwelling Units.

Respondents will be asked to address these issues in response to RFQ Section

5.2.4 – Responses to Questions: #1 and #4.

3. Phase 1 – Where to Start?
Developers generally expressed a willingness to “pioneer” some level of development in the Area Plan’s TOD Core around the North Concord BART station.

They point out, however, that Phase 1 needs to be financially feasible. The LRA may need to be flexible on how much of Phase 1 is in the TOD Core given the significant expenditures to bring infrastructure to the site.

Stakeholders are more optimistic about the viability of development around the North Concord BART station. They point to the benefits of starting both residential and commercial projects in the TOD area including less car dependency, addressing climate goals and improved competitiveness for affordable housing grants; meeting the terms of the Legally Binding Agreement with the Homeless Collaborative.

Respondents will be asked to address this issue in response to RFQ Section 5.2.4. – Responses to Questions: #5.

4. Term Sheet Community Benefits?
Developers are quick to note that everything in a Term Sheet or the future Specific Plan are subject to the financial feasibility of the project. They are willing to propose a Term Sheet of their own in due course, acknowledging the CFP Term Sheet has set certain expectations. A Term Sheet is a preliminary document not a final agreement and subject to change as the Specific Plan is written, adopted and eventually tested against the marketplace. The Term Sheet is an agreed upon vision of what the project will try to achieve.

Stakeholders express concern that the CFP Term Sheet is not representative of some of their priorities and should not be used as a template in the future. For

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May 9, 2023
example, the CFP Term Sheet provided $100M for the Tournament Sport Complex but only $50M of additional investment in affordable housing.

Certain residents have expressed a desire that the RFQ to be issued require a complete Term Sheet as part of the response so the City Council can choose the next master developer based on their proposed Term Sheet.

Staff believes that requiring the preparation of a complete Term Sheet as part of the selection process will dissuade Developers from responding due to the significant costs of preparing both the underlying conceptual land use plan and conceptual financing plan upon which a complete Term Sheet would need to be based. In addition, many developers noted that a Term Sheet prepared in 60 days based on only conceptual documents, could be done, but would not be accurate. Instead, through the additional questions, the draft RFQ seeks to understand a Developer’s high-level vision for the project and allows them to provide as much detail as they think warranted in their response.

Respondents will have the opportunity to provide optional comments about the CFP Term Sheet and/or their ideas for a future Term Sheet in response to RFQ Section

5.2.7 – Comments on CFP Term Sheet.

5. Master developer – Additional reporting and/or disclosure? Issues regarding the failure to disclose or late reporting of changes in corporate organization, financial capacity, or significant litigation have been raised in the LRA’s previous attempts to collaborate with a master developer.

Developers have different views on the amount and frequency of disclosure depending on their status as either public or private entities. They all indicate they would comply with reporting requirements and understand the need for timely transparency in a partnership with the LRA.

Stakeholders are in favor of additional reporting and disclosure given the long time horizon for the project and the need to ensure the master developer’s stability and integrity.

Respondents will be asked to disclose information about their financial history, capacity, partners and litigation as found in RFQ Section 5.2.5 – Financial Capability and Required Disclosures. Future reporting and disclosure requirements by the master developer to the LRA will be included in the ENA once a master developer is selected. (See RFQ Appendix G – Template Exclusive Agreement to Negotiate – Section 6)

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May 9, 2023

6. Include North Concord BART Station property in Specific Plan? The North Concord BART Station property is included in the Area Plan as TOD Core Area. BART is in the process of updating their TOD Guidelines and prioritizing the redevelopment of their system’s stations.

Developers see the inclusion of the North Concord BART Station property as a complicating factor to the timely drafting of the Specific Plan. It will add a second public agency and second development team. Both BART and the BART chosen developer must be willing and ready collaborators to make adding the BART station property a success.

Stakeholders see the inclusion of the North Concord BART Station property as key to the Specific Plan, especially the success of the TOD area and initial affordable housing projects. BART is not going to pioneer and needs to be part of the Specific Plan’s infrastructure and environmental evaluations.

LRA staff believes the North Concord BART Station property should be included in the Specific Plan if BART is able to commit to the necessary entitlement timelines.

Respondents will be asked to provide comments on the inclusion of the North Concord BART Station property as part of their Area Plan vision in RFQ Section

5.2.4 – Responses to Questions: #1 and #5.

7. Other Topics – Sustainability
Stakeholders raised a concern about the lack of direct commitments in the CFP Term Sheet about Sustainability and Climate Change (Greenhouse Gas Emissions).

The Area Plan’s Climate Action Plan (Book 3) is now 10 years old and many of the cutting-edge provisions found in that document have been superseded by current state laws and/or regulations. The RFQ addresses the need for any future master developer to improve the sustainability provisions of the Area Plan in the future Specific Plan in RFQ Section 3.14 – Sustainability and Respondents are asked to provide comments in RFQ Section 5.2.4 - Responses to Questions: #14.

Bay Area Metro (ABAG/MTC) Conversation
The East Bay Housing Organization provided a memo dated March 30, 2023, indicating the City should make use of ABAG/MTC technical assistance and grant funding to prepare the Specific Plan and EIR on its own, without the participation of a master developer.

City staff has concerns with doing so at this time, and those reasons are:

1. The expense of organizing consulting teams to draft both a Specific Plan and the required environmental studies exceeds the funds available to the City; even considering the possible availability of grants from various sources.

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2. ABAG/MTC grants are prioritized for projects within ½ mile of transit.

3. The City would carry the litigation risk and defense costs to the City associated with a challenge to the adopted project documents.

4. The Navy’s desire for a known master developer partner to be involved as part of the EDC agreement negotiations with the LRA.

On April 12, City staff met and had a productive conversation with representatives of Bay Area Metro (umbrella agency for ABAG and MTC). The discussion highlighted a variety of opportunities for working with the agency and helped both organization’s understanding of how pursuing a master developer while coordinating with Bay Area Metro towards specific grants could be complementary. Staff believes the appropriate timing for coordination with Bay Area Metro is once a master developer is selected.

Such coordination would help the project compete for future federal and state funds for both planning, infrastructure, and affordable housing in the TOD area specifically and the broader project area.

RFQ Components
A. City Expectations
The City expectations are found primarily in RFQ Section 3 – Master Developer Responsibilities and in related Appendices. The expectations are based largely on the adopted CRP Area Plan. For example, see RFQ Section 3.4 – Community Facilities and Improvements.

The expectations around use of union labor and Concord First Policies are found in RFQ Section 3.11 – Construction Labor, RFQ Section 3.12 – Participation by Small and Disadvantaged Business, and RFQ Section 5.2.9 – Project Labor Agreement. The preference for use of a project labor agreement and local businesses and suppliers is spelled out in this section.

The City’s commitment to having 25% of the project’s overall number of units be affordable to lower income households is found in RFQ Section 3.15 – Affordable Housing.

B. Qualifications Requested
The qualifications requested from the respondents is found in Section 5 – Selection Process and Submittal Requirements. They include a description of the project team or consortium in RFQ Section 5.2.2 – Master Developer Team, project team experience in RFQ Section 5.2.3 – Master Developer Team Experience, and financial capability and required disclosures in RFQ Section

5.2.5 – Financial Capability and Required Disclosures.

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C. Questions for Respondents
The respondents will be asked to provide written responses to the questions found in RFQ Section 5.2.4 – Responses to Questions, listed here for easier reference:

1. What is your vision for the development of the Project? Will your vision be consistent with the CRP Area Plan? How does it build on the vision as presented in the CRP Area Plan and reflect your current thinking about the real estate market, Concord’s competitive advantages, and your experience implementing complex development projects? In your assessment will an increase in the CRP Area Plan’s residential unit count be necessary to achieve financial feasibility? What changes, if any, from the CRP Area Plan do you anticipate requesting of Council and/or Navy?

2. Provide one color illustration not to exceed an 11” x 17” format expressing in a high-level schematic representation the development vision described in item 1 above. The illustration should highlight the proposed initial phase of development per the response to item 6 below. This illustration will be considered in the SOQ evaluation process, but will be given less weight in the overall evaluation than other elements of the SOQ.

The illustration is intended to serve the dual purpose of: (1) helping to communicate the Respondent’s general intentions for build-out of the Development Footprint; and (2) stimulating further public discussion and awareness about the future of the Development Footprint.

3. The LRA seeks a committed development partner for this Project. Please describe your preferred approach to working in partnership with the City Council and staff to complete detailed planning and entitlements through to Project implementation. Specify how you would approach partnering with the LRA to engage a broad spectrum of Concord residents and stakeholders as planning, entitlement, and development progress.

4. How would you expect to work with the LRA to achieve the 25% affordable housing commitment? The LRA’s expectations for the Master Developer are described in Section 3, so this question focuses on how you would incorporate affordable housing into the planning and entitlement process and work with partners toward implementation.

5. How would you approach phasing the Project, taking into consideration the constraints of availability of land transfer from the Navy described in Section

3.2? Where would you expect to start development, and why do you think that is the right place to start? How would you view a phased transfer process from the LRA to the selected master developer?

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6. Explain which real estate investment return metric you will use to determine project financial feasibility (e.g., Unleveraged Internal Rate of Return, or other), why that metric was selected, and the target threshold, or threshold range, for that metric that will be used to guide your determination that the Project is financially feasible (e.g., an 18-20% Unleveraged Internal Rate of Return, or other).

7. Please explain how you would ensure that the Project achieves the Concord First policies (see Section 3.11). Responses to this question should reference a Concord First construction workforce plan or project labor agreement (not included in the page count).

8. How would you provide opportunities for local developers to participate in vertical construction and for local businesses to supply construction materials and services?

9. How would you approach accommodating GoMentum Station’s interim uses of portions of the property and provide an opportunity for a potential permanent location in the project?

10.How would you propose to “jump start” uses in the CRP Area Plan’s Campus District in order to attract jobs, academic institutions, and research and development opportunities?

11.Similarly, how would you expedite the Tournament Sports Complex/City Park to create early interest and attraction to the project site?

12.How would you approach a green frame (buffer) expectation north of Willow Pass Road?

13.How would you propose to improve bicycle and pedestrian safety on the property’s portion of Willow Pass Road at the earliest opportunity?

14.How would you proposed to improve on the CRP Area Plan’s Climate Action Plan and sustainability efforts using current best practices? (See RFQ Section

3.14)

15.How would you approach working collaboratively with the LRA to reach agreement with the Navy on an EDC MOA? (See RFQ Section 3.2.)

16.Please describe the key factors that will drive your approach to financing required infrastructure. (See RFQ Section 3.6.)

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D. Appendices
The appendices to the RFQ provide background information on the Project and related elements required to attain a successful project. They include a summary of the adopted CRP Area Plan; memos on infrastructure, remediation, schools, and natural resource permitting. One appendix provides the City’s standard conditions, reflecting the City’s conditions for respondents to the RFQ. A template Exclusive Agreement to Negotiate is also included as an appendix as Respondents are required to provide their agreement to its terms or list their proposed changes to it as part of their response. The prior CFP Term Sheet has also been linked via the City’s Reuse Project website . Respondents are invited to submit comments on the CFP Term Sheet indicating areas where they agree or disagree with particular terms and/or providing commentary on terms negotiated by City and CFP negotiating teams.

E. Selection Criteria
The selection criteria are found in RFQ Section 5.3 – Selection Criteria. The criteria will be considered by the City Council when selecting the master developer. They are listed here for ease of reference. While, they are presented in order of importance, the City Council will base its decision on the overall RFQ/SOQ process, including each SOQ as a whole, the LRA Team’s Summary, oral and written staff reports, Respondent interviews, public input, and other relevant information and materials presented at the public meetings held to consider the master developer selection.
 Demonstrated understanding and commitments of the developer to satisfy the City’s priorities for the CNWS, including development vision as expressed in the CRP Area Plan and community facilities and improvements, as found in RFQ Section 3.4, including the Concord First commitment found in RFQ Section 3.11.
 Financial capability and history of successfully financing projects of a similar scale, particularly those with a large infrastructure component.  Respondent’s identified Internal Rate of Return threshold for the project.  Experience of master developer team with successful completion of similar projects, including projects that are large-scale, mixed-use, military base reuse, and transit oriented.
 Organization of the master developer team and any other members of the Project Team.
 Experience of principal technical subconsultants (Project Team members who are not the Lead Developer) – such as architects, engineers, permitting, and remediation specialists.

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 Responses received from financial references provided as requested in #7 of RFQ Section 5.2.5.

F. Selection Process/Timeline
The master developer RFQ selection process and timeline is found in RFQ Section 5.1 – Master Developer RFQ Process and outlined in the table below:

Selection Process and Timeline Date
(all 2023)
Issuance of the RFQ May 15
Mandatory Pre-response conference with LRA staff
(see sign-up information in Section 4.)
June 1 at 10 am
PDT
Deadline for questions on RFQ submitted in writing
to LRA staff
June 9 at 5 pm
PDT
LRA staff responses to questions posted June 23
SOQ due to LRA via electronic upload July 14 by 3 pm
PDT
LRA Team reviews SOQs for responsiveness to
Selection Criteria and prepares evaluation Summary
Table
August 4
City Council reviews Summary Table, Redacted
SOQs (with Confidential Information removed), and
selects Respondents to interview. If three or fewer
SOQs are received – all Respondents will be
interviewed and this meeting will not be necessary.

August 15,
Public Meeting if
necessary
Interviews with City Council and Selection August 26,
Public Meeting
Finalize Exclusive Negotiating Agreement (ENA), September 19, Special Public
Meeting

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Based on past City Council direction, the LRA team’s (staff and consultants) participation in the selection process outlined above will be limited to the review of the SOQs for responsiveness to Selection Criteria and the preparation of a Summary Table conveying that analysis. The Summary Table will be an alphabetical list of all respondents and how their responses address the selection criteria. The LRA team will not be making any recommendations on which Respondents to interview.

Financial Impact
Funding for the Master Developer Selection process is coming from the existing budget for the Reuse Project consisting of reserves from previous City loans to the Local Reuse Authority. Once a Master Developer is selected, future Reuse Project and Local Reuse Authority funding will be provided by the Master Developer as negotiated in the Exclusive Agreement to Negotiate and Term Sheet.

Environmental Determination
Pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 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 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. Individual projects will undergo CEQA analysis as necessary.

Public Contact
The City Council Agenda was posted. Numerous developers, builders, stakeholder, and community groups were interviewed by staff about the master developer selection process and alerted to this meeting during those discussions. Notice of the meeting with a link to the staff report was shared with the project’s interested party list.

Attachments

1. Draft Request for Qualifications

2. Written comments on RFQ issues

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Attachment 1

City of Concord
Concord Naval Weapons Station
Concord Reuse Project Area Plan
Implementation
Request for Master Developer Qualifications 2023

City of Concord
Concord Naval Weapons Station
Concord Reuse Project Area Plan
Implementation
Request for Master Developer
Qualifications 2023

Published May 15, 2023

Submittal Due Date:

July 14, 2023, by 3:00 P.M. PST

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Submittal will be electronic only – see Section 5

Mandatory (for Lead Developers) Pre-Response Conference: June 1, 2023, at 10am to be held via Zoom; Respondents must e-mail the City’s Local Reuse Authority administrative contact (Israel Mora) at [email protected] to receive a link by 3pm on May 31, 2023, including their full name, job title, company name, and indication of whether they are considering a Lead Developer role or not.

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City of Concord Concord Naval Weapons Station
Concord Reuse Project Area Plan Implementation
Request for Master Developer Qualifications 2023

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Contents

Page
1 Introduction .................................................................................................. 1

1.1 Purpose of This Request for Qualifications ..................................... 1

1.2 Project Terminology ........................................................................ 3

1.3 LRA Consultants .............................................................................. 8

1.4 Overview of the CNWS Reuse Planning Process ............................ 8

1.5 Changes in State Law Governing Surplus Land Disposition ......... 10

1.6 Project Reference Material ............................................................. 12 2 Development Opportunity .......................................................................... 13

2.1 Project Description and Goals ........................................................ 13

2.2 The Project Opportunities .............................................................. 13

2.3 Development Area, Ownership and Conveyance .......................... 14

2.4 Surrounding Areas ......................................................................... 17 3 Master Developer Responsibilities ............................................................ 18

3.1 Remediation ................................................................................... 19

3.2 Property Acquisition ...................................................................... 19

3.3 Specific Plan, Design, and Entitlements ........................................ 19

3.4 Community Facilities and Improvements ...................................... 20

3.5 Community Engagement ................................................................ 21

3.6 Project Financing ........................................................................... 21

3.7 Financial and In-Kind Contributions and Reimbursements ........... 22

3.8 Project Phasing ............................................................................... 22

3.9 Project Development Schedule ...................................................... 23

3.10 Project Construction ....................................................................... 23

3.11 Construction Labor ........................................................................ 23

3.12 Participation by Small and Disadvantaged Businesses .................. 24

3.13 Interim Property Maintenance and Operations .............................. 24

3.14 Sustainability .................................................................................. 24

3.15 Affordable Housing ........................................................................ 24

3.16 Coordination with Other Public Agencies ..................................... 25

3.17 Potential Incentives ........................................................................ 25

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City of Concord Concord Naval Weapons Station
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4 RFQ Clarifications ..................................................................................... 26 5 Selection Process and Submittal Requirements ......................................... 26

5.1 Master Developer RFQ Process ..................................................... 26

5.2 Submittal Requirements ................................................................. 27

5.3 Selection Criteria ............................................................................ 34

5.4 SOQ Document Submittal via ShareFile Instructions ................... 34

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Appendices
Appendix A
CRP Area Plan Summary
Appendix B
Infrastructure
Appendix C
Remediation
Appendix D
Schools
Appendix E
Natural Resources Permitting Framework
Appendix F
Standard Conditions
Appendix G
Template Exclusive Agreement to Negotiate
Appendix H
CFP Term Sheet

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1 Introduction

1.1 Purpose of This Request for Qualifications
The City of Concord Local Reuse Authority (LRA) seeks Statements of Qualifications (SOQ) from qualified Master Developer real estate teams (Respondents) to respond to this Request for Qualifications (RFQ) for the development of approximately 2,300 acres (Development Footprint) comprising a portion of the 5,046-acre property formerly known as the Inland Area of the Concord Naval Weapons Station (CNWS), located in the City of Concord in Contra Costa County. The CNWS property is being disposed of through the federal Base Realignment and Closure Act (BRAC). See Figure 1 for a map showing the CNWS’s regional context in the Bay Area.

According to Plan Bay Area 2050 (October 2021), the nine-county region is expected to grow from nearly 8 million to 10 million new residents by 2050.

Contra Costa County employment is also expected to grow from 4 million to more than 5 million. The redevelopment of the CNWS will contribute significantly to that growth. It is one of the largest mixed-use, community-focused, and transit- oriented development (TOD) opportunities in the Bay Area and in Northern California.

Through this RFQ and interview process, the LRA seeks to select a Master Developer capable of planning, financing, and implementing the comprehensive redevelopment of the Development Footprint. The resulting development should include vibrant and walkable, mixed-use communities that are financially and fiscally self-sustaining. The LRA is also committed to making 25% of the new housing units available for housing affordable to lower-income households (see Section 3.15 below). The Project should maximize the amount of residential, business, and recreational uses within walking distance of existing and planned public transit, which are key elements of a Transit Oriented District (TOD).

The LRA intends to select a Master Developer with a demonstrated record of accomplishment developing the land uses sought by the Concord community and the LRA. The Master Developer must assemble a team that can design, secure permits for, finance, construct, and market multiple mixed and single use developments that are substantially compatible with the Concord Reuse Project (CRP) Area Plan, which was adopted as part of Concord’s 2030 General Plan.

The Master Developer must be familiar with real estate markets and development procedures in California generally and the San Francisco Bay Area in particular.

Previous experience with the unique challenges and opportunities of redeveloping a former military facility is preferred, but not required.

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Figure 1 Regional Location of the CNWS

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1.2 Project Terminology
This section lists the common acronyms and terminology used throughout this RFQ and its Appendices.

General terms:
• ABAG: Association of Bay Area Governments.
• ACOE: Army Corps of Engineers.
• Base Closure Law: Synonymous with BRAC
• Base Realignment and Closure Act (BRAC): Process by which the CNWS was officially approved for closure. Legislation stipulates that the Navy retain ownership of the CNWS until a Reuse Plan is completed by the LRA and agreements about property transfers are reached.
• CCCSD: Central Contra Costa Sanitary District.
• CCWD: Contra Costa Water District.
• CDFW: California Department of Fish and Wildlife.
• CEQA: California Environmental Quality Act
• CFP: Concord First Partners, LLC
• CFP Term Sheet: The proposed Term Sheet for Disposition and Development Agreement and Statutory Development Agreement between the City of Concord, in its capacity as LRA and Concord First Partners, LLC dated November 15, 2022, which the City Council rejected on January 28, 2023. The CFP Term Sheet is available on City’s Project website. • City of Concord Local Reuse Authority (LRA): The designated entity pursuant to the BRAC process, acting through the Concord City Council, to coordinate with the Navy on the CNWS transfer and the community point of contact for redevelopment of the CNWS. The LRA is responsible for selecting the Master Developer.
• City of Concord (City): Generally synonymous with the LRA but referenced specifically when addressing land use entitlement activities. • Confidential Information: Materials submitted not for public review, which must be appropriately identified as described in Appendix F and submitted in hard copy, sent via overnight courier service with signature required to Gerald J. Ramiza, Partner; Burke, Williams & Sorensen, LLP; 1999 Harrison Street, Suite 1650; Oakland, CA 94612-3520.
• CRP: Concord Reuse Project

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• CY: Cubic yards (unit of measurement).
• DDA: Disposition and Development Agreement
• EBRPD: East Bay Regional Park District.
• EDC: Economic Development Conveyance
• EIR: Environmental Impact Report
• ENA: Exclusive Negotiation Agreement.
• General Plan: The City’s 2030 General Plan, including the CRP Area Plan. • GSA: U.S. General Services Administration.
• HUD: U.S. Department of Housing and Urban Development • LBA: Legally Binding Agreement
• Lead Developer: The prime Master Developer of a Master Developer Team responding to this RFQ and submitting an SOQ.
• LF: Linear feet (unit of measurement).
• LRA Team: City staff and members of the LRA consultant team (listed in Section 1.3) who have collectively prepared this RFQ.
• Master Developer: The development company or team to be selected by the LRA pursuant to this RFQ, which will develop the Project. • Master Developer Team: The Lead Developer plus any other developers and key professional team members, such as architects, engineers, affordable housing partners, contractors, equity providers, lenders and attorneys whose participation is considered critical for consideration by the LRA. • MG: Million gallons (unit of measurement).
• MGD: Million gallons per day (unit of measurement).
• MOA: Memorandum of Agreement
• MTC: Metropolitan Transportation Commission.
• Navy: U.S. Department of the Navy.
• NEPA: National Environmental Policy Act.
• NOP: Notice of Preparation.
• PDA: Priority Development Area.

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• Respondent(s): Master Developers or Master Developer Teams responding to this RFQ and submitting an SOQ.
• RFQ: Request for Qualifications
• RW: Recycled water.
• RWQCB: California Regional Water Quality Control Board. • SF: Square feet (unit of measurement).
• SLA: Surplus Land Act
• SOQ: Statements of Qualifications.
• TC: Time-of-concentration values.
• TOD: Transit-oriented development.
• USBR: U.S. Bureau of Reclamation.
• USFWS: U.S. Fish and Wildlife Service
Geographic terms:
• BART Property: The North Concord Bay Area Rapid Transit (BART) station property, including a parking lot (approximately 18 acres). This property was included in the CRP Area Plan in anticipation of a coordinated approach with BART to transit-oriented development (TOD) around the station. This property was also included in the previous Lennar-led Specific Plan effort.

The selected Master Developer will not develop this area but will coordinate closely with BART and its master developer.
• Base: Synonymous with CNWS.
• Coast Guard Property: The former Coast Guard property adjacent to the CNWS (approximately 59 acres) was not included in the CRP Area Plan but was included in the previous Lennar-led Specific Plan effort, prior to the auction of the property by the General Services Administration in 2021. The selected Master Developer will not develop this area but will coordinate with the new owner of the former Coast Guard site, who recently submitted an application to the City. The application is for a General Plan Amendment, Rezoning and Design and Site Review to renovate the 286 existing units within the northern and southern villages at the site. The applicant has also submitted a framework plan with the intent of redeveloping the northern village at a future date into a high density, residential project. • Concord Naval Weapons Station (CNWS): The approximately 5,000-acre Inland Area of the weapons station property. This includes the portion of the site available for redevelopment by the selected Master Developer. This also includes other property not available for redevelopment: the area designated

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for the East Bay Regional Park District (EBRPD) and Contra Costa County (see Public Benefit Conveyance). This property will eventually all be transferred from the Navy to the LRA, EBRPD, and the County. Note that the entire Concord Naval Weapons Station is approximately 12,000-acres. For the purposes of this RFQ, CNWS refers to only the 5,000-acre Inland Area. The remainder of the property is occupied by the still-active Military Ocean Terminal Concord (MOTCO).
• Concord Reuse Project (CRP): The implementation of the Area Plan. • CRP Area Plan: The Concord Reuse Project Area Plan, an adopted part of Concord’s 2030 General Plan. The planning area defined by the CRP Area Plan and includes the Economic Development Conveyance
(EDC)/Development Footprint and the BART Property. It does not include the Coast Guard Property/.
• CRP Area: The geographic area defined by the CRP Area Plan. • Development District: in the CRP Area Plan, this term is used to designate portions of the site that are planned for future development. • Development Footprint: Synonymous with Economic Development Conveyance area.
• Economic Development Conveyance (EDC): The portion of the CRP Area that will transfer from the Navy to the LRA via the BRAC Economic Development Conveyance process for reuse, with an emphasis on job creation (approximately 2,350 acres). The selected Master Developer will develop some or all of this area.
• Inland Area: Synonymous with CNWS.
• Project: Planning and development of the Development Footprint • Public Benefit Conveyance (PBC): The portion of the CRP Area that will transfer from the Navy to two different parties via the BRAC Public Benefit Conveyance process. Approximately 2,600 acres is being transferred to the National Park Service who in turn will convey the property to the East Bay Regional Park District (EBRPD); the majority of these lands will serve as on- site mitigation for impacts of EDC-area development on special-status species.

Approximately 78 acres is expected to transfer to Contra Costa County (Sherriff’s Department/Contra Costa County Fire). The selected Master Developer will need to coordinate infrastructure development with PBC recipients.

See Figure 2 for a map corresponding to the geographic terms.

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Figure 2 Property Terminology

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1.3 LRA Consultants
In addition to staff from multiple City departments, the LRA has assembled the following consulting team to assist with overall implementation of the CRP Area Plan, as well as this RFQ process:
• ERS– Remediation/Risk Management
• HR&A Advisors – Real Estate Development Advisors
• ALH Economics – Real Estate Market/Fiscal Impact Advisors • H.T. Harvey – Biological Resource Advisors
• Garrity & Knisely – Outside Counsel – BRAC Compliance • ESA – Hydrology
• Lubin Olson & Niewiadomski – Outside Counsel – Endangered Species Act and other Natural Resource Permitting Compliance
• Johnson Marigot – Natural Resource Permitting Advisors • Burke Williams & Sorenson – Outside Counsel – Real Estate Transactional • Jarvis Fay – Outside Counsel – Land Use/California Environmental Quality Act (CEQA) Compliance
None of these firms, subcontractors, or individuals may join Master Developer Teams or discuss any aspect of the RFQ with such teams during the RFQ process, except through formal communications authorized by the LRA Executive Director.

1.4 Overview of the CNWS Reuse Planning Process
The Navy officially placed the Inland Area of the CNWS on the BRAC military base closure list in 2005. The City of Concord, acting through its City Council, was designated as the LRA for redevelopment of the Base by the U.S. Department of Defense. The City Council formed a 21-member Community Advisory Committee (CAC) and Technical Advisory Groups (TAGs) to engage in this initial planning process. The LRA conducted a seven-year community-based visioning and planning process that culminated in the adoption of the CRP Area Plan detailing the community’s desired future use of the property, certification of a Final Program Environmental Impact Report (EIR) and Mitigation Monitoring and Reporting Program, and amendment of the General Plan to include the CRP Area Plan. These actions were completed in February 2012.

The CRP Area Plan features a comprehensive vision that considers aspirations of the Concord community, the characteristics of the then-current local and regional real estate market, development requirements particular to reuse of a former

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military facility, and the opportunity to establish a precedent-setting mixed-use, transit-oriented community with unparalleled regional open space resources.

Before new development can take place within the Development Footprint, a Specific Plan and project-level EIR will need to be prepared and approved by the City Council.

On August 22, 2018, the City Council reviewed a proposed land use diagram for the Development Footprint. The diagram was based on the CRP Area Plan but incorporated community comments, input from staff, CAC, City Planning Commission, and City Council, and results from a previous Master Developer’s (Lennar) assessment of market feasibility. This diagram can be found on the Project website. Note that while the City Council directed Lennar to move forward with preparing an Administrative Draft Specific Plan in 2018, this diagram has not been approved by the City.

The Administrative Draft Specific Plan prepared by Lennar was not completed or published, nor did it address all issues of importance in the community.

Respondents interested in learning more about input from the community and City Council as the Administrative Draft Specific Plan was being developed should consult the Project website for summary notes from the community meetings and minutes from the August 22, 2018 City Council meeting. Video is also available from the City Council meeting. Given the passage of time and changes in the economy, including the COVID-19 pandemic and its impacts on demand, financial feasibility, and construction costs, the full document is best viewed as a reference and is not part of this RFQ. This document is also posted on the Project website; Respondents should review the City’s comments on the Administrative Draft Specific Plan in parallel with review of the document.

After Lennar’s Exclusive Agreement to Negotiate with the LRA expired at the end of March 2020, the City evaluated how to proceed with the project and eventually initiated a new Master Developer selection process in early 2021.

On August 21, 2021, the City Council, sitting as the LRA, selected the Concord First Partners, LLC (CFP) team as the potential Master Developer for the Development Footprint, subject to successful negotiation and LRA approval of an ENA.

At meetings on January 7 and January 28, 2023, the City Council considered the Term Sheet proposed by CFP. The CFP Term Sheet differs from the previous Lennar Term Sheet in that it covers the entire Development Footprint (approximately 2,300 acres) rather than a first phase of development (500 acres).

As a result, the CFP Term Sheet addresses issues impacting future phases, like community benefits, that were only partially addressed in the Lennar effort. The CFP Term Sheet also differs from the adopted CRP Area Plan (2012) with a larger residential unit count (15,595 vs. 12,272) and an affordable housing strategy that addresses the additional units by using 879 Junior Accessory Dwelling Units to reach the 25% affordability goal, because both changes improved the financial

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feasibility of the project according to CFP. The January 7, 2023 staff report and CFP Term Sheet are available from the Project website. The City Council ultimately rejected the CFP Term Sheet and directed the LRA staff to allow the ENA with CFP to expire on January 31, 2023.

1.5 Changes in State Law Governing Surplus Land
Disposition
Since the City’s initial Master Developer selection process in 2014-2016, the State of California has substantially amended the State Surplus Land Act, Government Code sections 54220-54234 (SLA), which sets forth procedural requirements cities and other local agencies must follow when disposing of land that is no longer needed for the agency’s use. As more fully explained below, the City has determined that: (1) at least with respect to Economic Development Conveyances, the SLA is preempted by the comprehensive and detailed scheme for transfer, disposition and development of former military base property set forth in BRAC, and (2) even if the SLA were deemed applicable to the City’s disposition of the Development Footprint, the City’s affordable housing requirements for the property as described in Section 3.15 below, meet the requirements for the Development Footprint to be considered “exempt surplus land” under SLA section 54221(f)(1)(F)(ii).

1.5.1 Federal Preemption
BRAC sets forth a comprehensive and detailed scheme for transfer, disposition and development of former military base property. BRAC provides for a variety of authorities for transfer of former military facilities. In the case of Concord, the Development Footprint is proposed to be transferred to the City, as LRA, pursuant to an EDC transfer mechanism because of the extensive job generation on the former installation (see Section 2.3.1). BRAC requires preparation of a Reuse Plan and Homeless Assistance Submission to explain the proposed reuses of the military installation. BRAC also requires that the Reuse Plan will achieve a balance in responding to the community’s economic development needs, and the needs of the homeless. As required by BRAC, the LRA prepared a Reuse Plan, a regional homeless needs assessment and conducted extensive outreach to solicit interest from homeless housing and service providers to satisfy the homeless needs. The identified need was for multifamily transitional housing and job training. Federal regulations required the LRA to advertise the availability of surplus buildings and properties to state and local eligible parties, including homeless assistance providers, conduct a public workshop, and direct outreach to homeless assistance providers to define how the needs could be met. Compliance with BRAC was brought to closure through the development of legally binding agreements approved by the US Department of Housing and Development (HUD) with affordable housing providers in a collaborative (Contra Costa County Continuum of Care) and the Contra Costa/Solano Food Bank for dedication of

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land for multifamily homeless housing and a food bank/warehouse training facility.

By adopting BRAC, Congress announced an intention to require LRAs to redevelop military base properties to provide for job creation and economic development to replace jobs lost as a result of base closure and to balance these economic development considerations with the needs of the homeless. Federal regulations also specifically require the Navy to consider a list of specified factors in determining whether to approve an EDC, including the “[e]xtent of short- and long-term job generation,” the “[f]inancial feasibility of the development and proposed consideration, including financial and market analysis and the need and extent of proposed infrastructure and other investments” and “[c]urrent local and regional real estate market conditions, including market demand for the property.” The 2019 amendments to the SLA implemented by AB 1486 directly contravene BRAC requirements by, among other things, specifically excluding from the definition of “agency’s use” any development for “commercial or industrial uses or activities, including nongovernmental retail, entertainment, or office development” or dispositions for “the sole purpose of investment or generation of revenue.” Furthermore, the provisions in Government Code section 54230.5 requiring disgorgement of a percent of the gross sale price if the disposing agency fails to comply with the Act is in direct conflict with BRAC provisions requiring all proceeds obtained from the sale or use of former base property to either be paid to the federal government as consideration for the Economic Development Conveyance or used for specified listed purposes to support economic redevelopment of the former base for at least seven years under threat of recoupment from the federal government.

1.5.2 Consistency with Exempt Surplus Land Definition in Gov. Code Section 54221(f)(1)(F)(ii)
While the SLA, as amended by AB 1486, directly conflicts with various requirements of BRAC and is therefore preempted, the City strongly supports the affordable housing goals embodied by AB 1486. Since the City first approved the CRP Area Plan, the City has been committed to a goal that 25% of the residential dwelling units developed on the Development Footprint be available to low- income households at an affordable rent or affordable housing cost.

SLA Section 54221(f)(1)(F)(ii) states that “exempt surplus land” includes “[s]urplus land that is put out to open, competitive bid by a local agency, provided all entities identified in subdivision (a) of Section 54222 will be invited to participate in the competitive bid process, for. . . [a] mixed-use development that is more than one acre in area, that includes not less than 300 housing units, and that restricts at least 25 percent of the residential units to lower income households . . .with an affordable sales price or an affordable rent . . .for a minimum of 55 years for rental housing and 45 years for ownership housing”.

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As set forth in Section 3.15 below, the City is seeking a Master Developer who can commit to support delivery of at least 25% of the total number of residential units as affordable units available to lower income households. Further, notice of issuance of this RFQ has been provided to the State Department of Housing and Community Development and all entities identified in Section 54222(a) of the SLA. Accordingly, the City has determined that even if the SLA were deemed to apply to disposition of the Development Footprint, this RFQ and the affordable housing requirements for the Project set forth in Section 3.15, meet the requirements for the Development Footprint to be deemed “exempt surplus land” under SLA section 54221(f)(1)(F)(ii).

1.6 Project Reference Material
There are extensive background documents available on the Project website.

Where possible, specific links have been embedded in this document, but they are not an exhaustive list of all available reference documents and Respondents should review the Project website for additional materials. If the desired reference materials are not available on the Project website, Respondents should follow the question submittal process described in Section 4 to request them.

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2 Development Opportunity

2.1 Project Description and Goals
As reflected in the CRP Area Plan, the LRA has adopted the following goals for future development of the Development Footprint:

Figure 3 Project Goals
Source: CRP Area Plan, Book 1

2.2 The Project Opportunities
The Development Footprint and the adopted CRP Area Plan present significant development opportunities:

The size and scope of the Project: The Project is one of the Bay Area’s largest mixed-use, TOD opportunities. The CRP Area Plan provides for up to 6.1 million SF of commercial space1 and up to 12,200 housing units, oriented to take advantage of the North Concord BART station. It represents one of the greatest opportunities to shape the pattern of future growth in the Bay Area.

Local regulatory prioritization: The Development Footprint is designated as a Priority Development Area (PDA) by the Association of Bay Area Governments (ABAG) and the Metropolitan Transportation Commission (MTC). The CRP Area is one of the largest MTC-designated PDAs. Plan Bay Area 2050, adopted by ABAG and MTC in October 2021, provides support for growth in the PDAs through financial resources, technical assistance, and political support with

1 Note that the 2010 Reuse Plan EIR anticipated an additional 2.3 million square feet of campus/commercial uses.

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strategies and implementation actions geared to support housing growth, including support for actions to secure new revenues to fund such strategies.

A strong planning vision: The CRP Area Plan outlines a clear vision for the Project, including overall development standards for each of its Development Districts. Each District has clearly articulated planning goals, allowable density and intensity of use, mix of uses, and “convenience standards” (i.e., transit stops, bike lanes, public gathering spaces, active open space, grocery stores, etc.).

Significant environmental review has been completed: A certified EIR for the CRP Reuse Plan (2010) and CRP Area Plan (2012 Addendum to the Reuse Plan EIR) provide program-level clearance and assurance that environmental review need not start from scratch for each development project or subsequent phase.

Neither the EIR nor the 2012 Addendum were subject to litigation. The CRP Area Plan includes a Climate Action Plan, which has been reviewed and approved by the Bay Area Air Quality Management District. It could function as a greenhouse gas reduction plan for the purposes of future environmental review, potentially allowing environmental clearance with respect to greenhouse gas emissions to be documented by indicating how the plan or project is consistent with applicable requirements of the Climate Action Plan.

The Navy completed federal environmental review under the National Environmental Policy Act (NEPA) to eventually convey the Development Footprint to the LRA for development consistent with the CRP Area Plan. In addition, the Navy completed a sitewide Endangered Species Act consultation with the U.S. Fish and Wildlife Service (USFWS) culminating with issuance of a Biological Opinion and Incidental Take Statement that includes the Development Footprint.

A notice of preparation (NOP) for a planned Draft EIR for the Administrative Draft Specific Plan was circulated in 2018, and while significant work on certain chapters was done, the Draft EIR was not completed.

Committed City and Regional leadership: The LRA is committed to the full build-out of the Development Footprint as described in the CRP Area Plan.

Furthermore, regional agencies such as the MTC, ABAG, and BART have all demonstrated support for the Project.

2.3 Development Area, Ownership and Conveyance
Located in Concord, California, the approximately 2,300 acre Development Footprint is adjacent to 18 acres of property owned by BART and 59 acres of property owned by Q Villages, LLC, which was the former Coast Guard site.

These properties are described in Section 2.4. Refer to Figure 2 “Property Terminology” for ownership boundaries.

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2.3.1 Economic Development Conveyance of Development
Area
Two statutes govern the disposal of base closure property: the Federal Property and Administrative Services Act of 1949 as amended (“Federal Property Act”), and the Defense Base Closure and Realignment Act of 1990, as amended (“Base Closure Law”). These statutes provide alternative methods to dispose of surplus federal property to federal and non-federal recipients. Base Closure Law provides a range of different authorities that can be used to dispose of surplus property. At this time the LRA and the Navy are anticipating the use of the Economic Development Conveyance (EDC) authorities in the Base Closure Law, which emphasize job creation in recognition of the jobs that were lost due to the CNWS closure. Other methods of conveyance, including a public sale, auction or property exchange have been considered in the past, but are not currently under consideration by the Navy.

The Navy could transfer the Development Footprint to the LRA for less than fair market value but is seeking market compensation for the land based on the development potential envisioned by the CRP Area Plan. Navy compensation is subject to negotiation with the LRA and the selected Master Developer and will be memorialized in an Economic Development Conveyance Memorandum of Agreement (EDC MOA) between the LRA and Navy. See Section 3.2 for discussion of the Master Developer responsibilities in the EDC MOA negotiation.

The EDC MOA will ultimately require approval of the Secretary of the Navy and the Department of Defense. The first land transfer is expected in 2026. For more about the remediation process, which is a key driver of the timing of land transfer, see Appendix C.

2.3.2 Public Benefit Conveyances
In 2006/2007, in accord with requirements of the Base Closure Law the LRA solicited interest in land to be conveyed for Public Benefit and land to be transferred for satisfying requirements for the homeless. The LRA accepted two complete applications for a Public Benefit Conveyance (PBC) totaling approximately 2,600 acres – one from the East Bay Regional Park District (EBRPD) totaling approximately 2,540 acres and one from the Contra Costa County Sheriff’s Department/Contra Costa County Fire totaling approximately 78 acres. The PBC land is not included in the Development Footprint and will not be available for development by the selected Master Developer.

2.3.3 Legally Binding Agreements
Pursuant to the federal surplus land disposition requirements described in Section

1.5.1, the City received 13 applications for land to support homeless needs. These were combined into one application coordinated by Contra Costa County. Legally Binding Agreements (LBAs) were approved by the federal Department of

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Housing and Urban Development (HUD), which confirmed the transfer of 16 acres of land to the County and homeless providers for transitional multifamily housing and 10 acres to the Food Bank of Contra Costa/Solano for food bank purposes, including employment training for homeless persons and families. Both transfers will be at no cost. The LBAs will be physically located within the Development Footprint, deducting 26 acres of land to be transferred via the EDC.

The relationship between the LBAs and overall affordable housing commitments for the Development Footprint are discussed in Section 3.15.

2.3.4 Canals
Two canals traverse the Development Footprint, but are not currently owned by the Navy, and will not be transferred to the LRA along with the rest of the Development Footprint. They are shown on Figure 2. Both are owned by the U.S.

Bureau of Reclamation (USBR). Congress passed special legislation requiring USBR to offer the canals to the Contra Costa Water District (CCWD). This process is underway and expected to result in transfer of ownership to CCWD.

The situation for each canal is different:

Contra Costa Canal – Currently operated by the Contra Costa Water District to convey raw water. The intent is for this use to continue and CCWD to own the canal following transfer from the USBR.

Clayton Canal – Not currently in use. This canal also traverses the EBRPD PBC area. CCWD has indicated it intends to transfer the canal property to EBRPD where it traverses the EBRPD PBC and to the City where it traverses the EDC and continues off the base along Denkinger Road.

2.3.5 Oil Pipelines
Easements for three oil pipelines were granted through the Base in the 1950s and 1960s. Today, three high-pressure pipelines are operated by Phillips 66 Pipeline, Kinder Morgan/SFPP, and Shell Pipeline. Each of the pipeline easements has a width of 16.5 feet and each runs in a largely parallel alignment from the southwestern end of the former CNWS north in the Green Frame along the western border, until reaching Willow Pass Road, at which point the pipelines head west across the Village Neighborhood in the airfield area and intersect the former Coast Guard Property between Victory Village and Quinault Village. The CRP Area Plan development program was designed to retain open space uses over the oil pipelines and pipeline easements. The pipelines do have implications for the availability of land for school siting due to State laws. Those implications are discussed in Appendix D.

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2.4 Surrounding Areas
BART Property: The 18-acre North Concord BART station parking lot is immediately adjacent to the CNWS site. Transit-oriented development (TOD) with access to BART is a core tenet of the CRP Area Plan. The BART Property was included in the CRP Area Plan in anticipation of a coordinated approach to TOD around the station. The BART Property was also included in the former Lennar-led Specific Plan effort. BART is currently in the process of updating its TOD Work Plan for all of their stations to determine their station development priorities. BART has been working collaboratively with the LRA on planning for the BART Property. The BART Property’s regulatory context has changed in recent years with the passage of AB 2923 in 2018. The bill changed how development on BART-owned property is regulated, requiring cities and counties to rezone for consistency with BART’s TOD Guidelines. While the CRP Area Plan designation for the BART Property is consistent with TOD, the site is not yet zoned and will need to be zoned either through a rezoning or via a Specific Plan.

BART TOD guidelines are the guiding document for future use of the site, consistent with AB 2923. The LRA, Master Developer, and BART will need to work together to agree on a path forward for planning for the BART Property and document that agreement together, in particular with respect to infrastructure and access.

Coast Guard Property: The 59-acre former Coast Guard site is adjacent to the Development Footprint but is not part of the property discussed in this RFQ. The site was not included in the CRP Area Plan but was included within the previous Lennar-led Specific Plan effort, prior to the public auction for the property which concluded in early 2021. The property currently is not zoned for development and will need a General Plan Amendment (current land use designation is Military) and rezoning prior to development. Coordination between the two projects will be necessary, given shared infrastructure and circulation needs. The former Coast Guard Property currently includes a mix of duplex units (built in 1965) on the northern half of the property and triplex units (built in 1989) on the southern half of the property for a total of 328 units. In March 2020, the GSA rejected the LRA’s purchase offer and decided to move forward with an invitation for bids and auction process. On October 15, 2020, the auction was initiated by the GSA, and ended on March 4, 2021. The new owner of the property, Q Villages, LLC, recently submitted an application to the City for a General Plan Amendment, Rezoning and Design and Site Review to renovate the 286 units at the site. They have also provided a framework plan, with the intent of redeveloping the site, in the future, into a high-density, mixed-use project.

Surrounding Concord Area: The site is bordered by BART and Highway 4 to the North, the City of Concord to the Southwest, and open space to the Northeast, where a recently approved project “Faria/Southwest” is planned pending annexation approval. Mount Diablo Creek runs through the middle of the Development Footprint.

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Concord’s population in 2021 was 125,410 with a total of 45,4712 households.

Median household income in 2021 was about $100,011, which is slightly higher than the median for the State of California, but lower than the median incomes reported for Contra Costa and Alameda Counties of $110,455 and $112,017, respectively.

Access to Transit: The Development Footprint is anchored by the North Concord/Martinez BART station and is connected to surrounding communities via regional thoroughfares such as Willow Pass Road, Bailey Road, and State Highways 4 and 242 and Interstate 680. Concord is one of only eight cities in the Bay Area with more than one BART station – in addition to the North Concord station immediately adjacent to the Development Footprint, the Concord station in downtown Concord is accessible to the Development Footprint, particularly the southern portion. This wealth of transit supports the CRP Area Plan’s development vision with a strong emphasis on transit-oriented development.

Military History: At one point, the CNWS was the United States Navy’s primary ammunition port on the Pacific Coast. The Navy’s presence began in 1942, after the United States entered World War II and at that time the naval presence was only comprised of the Tidal Area, which is outside the boundaries of the CNWS.

In 1944 an ammunition detonation destroyed the Tidal Area’s pier and the ships docked there and in so doing killed 320 people, including 200 African American sailors; this was the largest stateside disaster of the war. As a result of the disaster, the Navy purchased the 5,200 acres that would become the Inland Area referred to herein as the CNWS. In addition to the facilities necessary to store explosives and supplies, the Navy also built enlisted and officer military housing, a rail system, and small airfield within the Inland Area.

During the Cold War, the CNWS served as a weapons storage facility and during the Vietnam War it provided support for military efforts in Southeast Asia. While still active for military uses, smaller portions of the site were used for forest research and other environmental research activities. Due to changes in post-Cold War military strategy, the Navy vacated the Inland Area of the CNWS in 1997 and in 2005 the Department of Defense announced that it planned to close the entire Inland Area.
3 Master Developer Responsibilities
This section outlines the LRA’s expectations for the Master Developer’s scope of work in the Development Footprint. Information about financial responsibilities is in Section 3.7.

2 Source: U.S. Census. Quick Facts, April 4, 2023

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3.1 Remediation
As explained in Appendix C, Remediation, the Master Developer is not responsible for completing environmental remediation work. Those activities are the responsibility of the U.S. Government. The Master Developer will be responsible for collaborating with the LRA to understand the remediation activities and their potential impacts/risks on development in the form of land use controls or other restrictions on development activities.

3.2 Property Acquisition
The Master Developer will be expected to participate in two aspects of property acquisition: (a) LRA acquisition of the Development Footprint from the Navy, and then (b) Master Developer acquisition of Development Footprint property from the LRA. Both acquisitions will be phased. The negotiation process for LRA acquisition from the Navy is described in Section 2.3. For acquisition from the LRA, the Master Developer will be expected to negotiate price and payment terms, phasing, potential leasing and land take down schedules, all to be set forth in a comprehensive Disposition and Development Agreement (DDA). The Master Developer’s terms documented in the DDA will include performance requirements associated with the phasing of land take-down and development; the Master Developer will need to demonstrate compliance with those requirements to proceed with work on the Project and access the full Development Footprint over time.

3.3 Specific Plan, Design, and Entitlements
The Master Developer will be responsible for conducting market and financial feasibility research and analysis and preparing a Specific Plan consistent with State law. The Specific Plan will be based on the standards and guidelines contained in the CRP Area Plan. The LRA intends to collaborate with the selected Master Developer to establish an approach to completing the Specific Plan preparation and approval processes expeditiously.

The Master Developer will be responsible for procuring all land use and regulatory approvals and permits, including any required subsequent or supplemental EIR necessary for implementation of the Project. Entitlement procedures will be a subject of negotiation with the selected Master Developer, but the City is open to expedited procedures consistent with a project of this scale and complexity. The City Council retains all legislative powers to approve City entitlements.

If plans are not consistent with the CRP Area Plan and other parts of the General Plan, the Master Developer will be responsible for preparation and environmental review of a CRP Area Plan amendment and assume risk for changes in the plan.

In addition to the potential risks associated with processing such an amendment

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locally, the Master Developer should make themselves aware of the risks associated with significant changes to the CRP Area Plan because it serves as the basis for the Navy’s NEPA review of the federal land transfer action, as described in Section 2.2.

3.4 Community Facilities and Improvements
The Master Developer will work with the LRA to establish an acceptable approach to the following community facilities and improvements and documenting those in the Specific Plan or related master plans:
• K-12 Schools – Working closely with the Mount Diablo Unified School District. Important issues include location, type, and design of schools, which are constrained by existing oil pipelines and current enrollment patterns, phasing, and opportunities for joint development with the CRP Area Plan’s Campus District. The 2010 Reuse Plan EIR estimated the project would need four elementary schools, one middle school, and one high school. See Appendix D for further details on K-12 schools. • Community Centers – Up to two community centers in the Development Footprint, including a library facility, to be operated by the City or jointly with other public agency(ies).
• Veteran’s Hall – Land set aside for a Veteran’s facility, accessible to the public in the Development Footprint; Veterans groups to fund construction and operations.
• Tournament Sports Complex/City Park – This facility is intended to be sited on land set aside within the Development Footprint (approximately 175 acres according to the CRP Area Plan), with the City leading planning and seeking financing/partners for its implementation, consistent with the Tournament Sports Complex Concept Plan and Feasibility Report. • Campus District – This would be land set aside within the Development Footprint (approximately 120 acres according to the CRP Area Plan) but separate from the Project. The City will take the lead in planning and seeking an appropriate partner for its implementation, consistent with the findings of the Blue Ribbon Committee.
• Parks – Greenways, parks, neighborhood green frame plus district open spaces as described in the CRP Area Plan, in locations to be determined through the Project Specific Plan. Key issue for planning will be to identify how all types of park facilities will be maintained. • Fire Stations – Working closely with the Contra Costa Fire District on location and financing of fire stations. The City has engaged in discussions with the Fire District, which anticipates the need for two fire stations to support full buildout of the Development Footprint. The expectation, to be

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confirmed, is that one station would be located on the County PBC property and the other would be located on the southern part of the Development Footprint.
• Off-Site Improvements – Including street intersections, other infrastructure, resource mitigation requirements, and regional improvements as a fair share, proportional to the impacts of the Project. • On-Site Improvements – Including oversized infrastructure to support later phases of development. This includes the widening of Willow Pass Road and demolition of the Kinne Blvd. bridge at the appropriate time. • Diablo Creek Golf Course/Evora Road – Significant infrastructure is expected to route through the golf course. Additionally, the CRP Area Plan transportation network includes an extension of Evora Road through the southern portion of the existing golf course, connecting to Port Chicago Highway. The infrastructure and road extension work will impact the golf course and require restoration of the golf course following completion.
• Transit Service – The CRP Area Plan envisions a transit-rich community, including frequent transit within the Development Footprint and connecting to BART as well as other destinations. That level of transit service is beyond the level generally provided by County Connection, so an approach to delivering such service consistently will need to be established as part of the Project.

3.5 Community Engagement
The Master Developer must commit to working cooperatively with adjacent property owners, neighborhoods, labor organizations and other local and regional stakeholders in coordination with the LRA as applicable. This includes conducting strategic community meetings, providing meaningful and culturally competent opportunities for community involvement in the overall planning process, creating and maintaining channels for public information, and working with elected and appointed officials and the media.

3.6 Project Financing
The Master Developer will be responsible for devising a financing structure and obtaining financing for all infrastructure and all elements of vertical development proposed to be undertaken directly by the Master Developer. The Master Developer will be responsible for financing the cost of the Project, including predevelopment and entitlement costs such as design, planning, engineering, legal, environmental and related consulting and professional expenses, as well as development costs such as demolition, grading, site preparation, installation and construction of back-bone infrastructure, including utilities and off-site

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improvements. The Project must be at least fiscally neutral (and preferably net positive) to the City. This includes demonstrating, for example, that any proposed Enhanced Infrastructure Financing District (EIFD), Community Facilities District (CFD), or similar financing mechanisms will have a neutral impact on the City’s General Fund for both construction and ongoing maintenance.

3.7 Financial and In-Kind Contributions and
Reimbursements
In addition to financing the development, the Master Developer will be responsible for funding or ensuring the Project can fund both past (i.e. sunk) costs and those moving forward related to the following:
• Natural resource permitting – payment for on- and off-site mitigation, including costs associated with procuring site-wide natural resource permits, as described in Appendix E.
• Cultural resource permitting – payment for on-site mitigation, including costs associated with implementing cultural resource permit conditions, as described in Appendix E.
• LRA operations – payment for the LRA’s operating costs. • Pollution Legal Liability (PLL) insurance – the Master Developer will need to acquire such insurance and name the City as an additional insured party.

The LRA’s costs in these areas up to this point are approximately $15 Million.

The approach to reimbursing the LRA for past expenditures will be a subject of negotiation with the selected Master Developer.

The Master Developer will also be responsible for reimbursing City for certain costs to be incurred by City during the Negotiating Period (as defined in the ENA), including costs of negotiating and drafting the proposed DDA term sheet and DDA, and costs incurred in connection with review and processing of a proposed Specific Plan and EIR and various ancillary agreements and approvals, all as set forth in a reimbursement agreement to be approved administratively by City and entered into by City and Developer concurrently with the ENA. The reimbursement agreement will include, among other terms, requirements for Master Developer to deliver a cash deposit or irrevocable standby letter of credit to secure Master Developer’s cost reimbursement obligations.

3.8 Project Phasing
The Master Developer will be responsible for working with the LRA to develop an approach to Project phasing that is responsive to the LRA’s needs and the constraints associated with environmental remediation, among other issues, as

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described in Appendix C. The approach to phasing, including performance requirements, will be documented in the DDA, as discussed in Section 3.2.

3.9 Project Development Schedule
The Master Developer will be responsible for developing detailed schedules for Project planning, design, financing, construction, and maintenance activities. This includes the coordination of all agencies, consultants, architects, engineers, contractors, sub-developers (if applicable), and property management functions.

3.10 Project Construction
The Master Developer will be responsible for the construction and coordination of all necessary off-site and selected on-site improvements, community facilities, including streetscapes, parks, utilities and roads and on-site landscaping and hardscaping. To the extent the Master Developer intends to undertake vertical construction of certain private improvements, the Master Developer will be responsible for those building cores and shells, fixtures and equipment. The Master Developer will also be responsible for packaging selected subdivisions, land parcels and/or building pads in the event of development by third party sub- developers or builders, who will be required to comply with all applicable City development regulations.

3.11 Construction Labor
The Master Developer will be required to comply with all applicable Concord First policy commitments. The City’s Concord First policy commitment for the Project’s construction workforce is as follows:

1. 40% local hire. “Local” means that hiring practices (e.g. first source programs, community benefits agreements) would first focus on Concord residents, and then on Contra Costa County residents, to the extent allowed by law

2. Payment of prevailing wages on all construction to ensure that project build out does not drive down area wage standards

3. Utilization of apprentices from State of California certified joint labor management programs

4. Program to recruit, train, and employ military veterans through the Helmets to Hardhats program or equivalent program
A project labor agreement (PLA) with the Contra Costa Building and Construction Trades Council which covers vertical and horizontal construction and the items listed above would be presumed to meet this commitment. In addition, Respondents shall explain how they intend to maximize development

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opportunities for local firms and purchases of construction materials from local businesses.

3.12 Participation by Small and Disadvantaged
Businesses
The Master Developer is encouraged to team with qualified small and local businesses, including disadvantaged business enterprises, and create opportunities for Concord-based goods and services suppliers, and developers who may participate in vertical construction and other business opportunities within the Project.

3.13 Interim Property Maintenance and Operations
As property is transferred or leased to the LRA by the Navy prior to implementation of the Project, the Master Developer will assume responsibility for maintenance and coordination of security with the Concord Police Department. The LRA and Master Developer will collaborate on establishing appropriate interim activities, including potentially extending the current use of the Development Footprint by GoMentum Station for connected and automated vehicle technology testing. Any interim uses will need to be, at a minimum, fiscally neutral to the LRA.

3.14 Sustainability
The Master Developer will develop flexible and innovative infrastructure that meets or exceeds the CRP Area Plan’s climate action goals (detailed in Area Plan Book Three) and can evolve with technology and market demand. State of California regulations have advanced significantly since the CRP Area Plan was adopted in 2012 – where those regulations exceed the requirements set out in Book Three, the LRA expects the Master Developer to demonstrate a strong commitment to sustainability reflecting current best practices. Similarly, the way certain environmental impacts are measured has changed, such as the shift of evaluating transportation impacts using level of service (LOS), which was used in the 2010 Reuse Plan EIR, to a vehicles miles traveled (VMT) analysis. The Master Developer will need to develop a circulation plan that is responsive to this different metric.

3.15 Affordable Housing
While the City has determined that the SLA is preempted by BRAC at least with respect to Economic Development Conveyances (See Section 1.5), the LRA nevertheless desires to ensure that the Development Footprint and Project are consistent with the “exempt surplus land” definition under SLA section 54221(f)(1)(F)(ii). Accordingly, the Master Developer will be expected to deed

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restrict and contribute development ready pads to support development of, or otherwise facilitate or build, affordable housing with at least 25 percent of the residential units affordable to lower income households, as defined in Section 50079.5 of the Health and Safety Code, with an affordable sales price or an affordable rent, as defined in Sections 50052.5 or 50053 of the Health and Safety Code, for a minimum of 55 years for rental housing and 45 years for ownership housing.

The resolution adopted by Concord City Council sitting as the LRA on January 24, 2012, calls for a total of 3,020 units affordable to lower income households, or about 25% of the Project’s overall number of units. The resolution is reflective of the broad support and consensus of local and regional housing advocates to accommodate a diverse range of affordability levels and demographics. The resolution is flexible in terms of how this commitment can be achieved. It indicates most affordable units should be in dense (25+ units per acre), stand- alone projects built by non-profit affordable housing developers. Other units may be provided as “inclusionary” units within larger market-rate developments. The City does not have a set proportion of units that must be rental versus ownership housing or in stand-alone affordable projects versus inclusionary units. If self-help housing, such as that provided by Habitat for Humanity, is developed, those units would count toward the total.

Of the total number of affordable units, up to 260 units of multifamily transitional housing (but not fewer than 130 units) for homeless persons will be developed on the land set aside through the Legally Binding Agreement described in Section

2.3.3 above. Homeless housing and affordable housing commitments will be phased in over the life of what is expected to be up to a 30-year Project, as a portion of each development phase. Coordination with Other Public Agencies

3.16 Coordination with Other Public Agencies
The Master Developer will need to work with the LRA and regional agencies to implement the CRP Area Plan, establish appropriate site zoning, and coordinate infrastructure development. The Master Developer will need to closely coordinate with the LRA and State/federal resource management agencies to support LRA- led efforts to complete and implement natural and cultural resource permitting, as described in Appendix E.

3.17 Potential Incentives
Without the former State system of redevelopment, the LRA is highly constrained in its ability to provide any financial incentives to support implementation of the Project. Nevertheless, the LRA is willing to consider and/or pursue, in collaboration with the Master Developer, other forms of local, State and/or federal financial assistance that may further the CRP Area Plan goals and objectives.

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4 RFQ Clarifications
Respondents who submit an SOQ must make themselves fully informed regarding all circumstances, information, laws and any other matters that might in any way affect the Respondent’s roles and responsibilities in the Project. Any failure to become fully knowledgeable of all matters that might, in any way, affect the Project will be at the Respondent’s sole risk. The LRA assumes no responsibility for any actions taken by Respondents on the basis of information provided in this RFQ or through any other sources.

Any requests for answers to questions or clarifications must be submitted via the LRA’s administrative contact Israel Mora ([email protected]), by June 9, 2023.

There will be a mandatory (for Lead Developers) Pre-Response Conference held via Zoom on June 1 at 10 am PDT. A representative of each Lead Developer must attend. Respondents must e-mail the City’s Local Reuse Authority administrative contact (Israel Mora) at [email protected] to receive a link by 3 pm on May 31, 2023, including their full name, job title, company name, and indication of whether they are considering a Lead Developer role or not. A Zoom link will be emailed to those that sign up.
5 Selection Process and Submittal
Requirements

5.1 Master Developer RFQ Process
Selection Process and Timeline Dates (all 2023)
Issuance of the RFQ May 15
Mandatory Pre-response conference with LRA staff (see sign-up information in Section 4)
June 1 at 10am PDT
Deadline for questions on RFQ submitted in writing to LRA staff June 9 at 5pm PDT LRA Staff responses to submitted questions posted June 23 SOQ due to LRA via electronic upload July 14 by 3pm PDT LRA Team reviews SOQs for responsiveness to Selection Criteria and prepares evaluation Summary Table
August 4

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City Council reviews Summary Table, Redacted SOQs (with Confidential Information removed), and selects Respondents to interview. If three or fewer SOQs are received – all Respondents will be interviewed and this meeting will not be necessary.

August 15, Public
Meeting, if necessary
Interviews with City Council and Selection August 26, Public Meeting
Finalize Exclusive Negotiating Agreement (ENA) September 19, Public Meeting
*Dates following SOQ submittal are subject to change.

Based on past City Council direction, the LRA Team’s participation in the selection process outlined above will be limited to the review of the SOQs for responsiveness to Selection Criteria and the preparation of a Summary Table conveying that analysis. The Summary Table will be an alphabetical list of all Respondents and how their responses address the selection criteria. The LRA Team will not be making any recommendations on which Respondents to interview.

Communications between Respondents and the LRA Team will only be via e-mail or via the pre-response conference. Any communications must be sent to the LRA’s administrative contact (Israel Mora) at [email protected].

5.2 Submittal Requirements
The LRA invites the submittal of SOQs, including the information requested in this Section. Only responses to the specific SOQ items described in this Section will be considered at this stage in the process. The LRA seeks SOQs from organizations with demonstrated experience, skills and resources that can offer a compelling approach for achieving its goals for implementing the CRP Area Plan.

SOQs must be formatted to print on 8½” x 11” paper (with one exception as noted below) and use no smaller than 11-point font. Pages should be numbered (not including transmittal letter, title page, table of contents, and section divider pages). The SOQ will be evaluated on the basis of its content, not length. Concise expression is strongly encouraged. Total SOQ page count may not exceed 40 numbered pages, not including the transmittal cover page, table of contents, any section divider pages, joint venture verification letters, personnel resumes, financial reference letters, labor plan, and allowable appendix materials, as discussed below.

Any Confidential Information must be clearly identified consistent with the Standard Conditions (see Appendix F).

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SOQs, except for Confidential Information, are to be submitted only via electronic file uploads as specified in Section 5.4

5.2.1 Transmittal Letter
The SOQ must include a cover letter transmitting the SOQ and acknowledging receipt of any and all addenda to the RFQ that may be issued. The letter must be signed by a Respondent representative who is legally capable of committing the Respondent to enter into an agreement with the LRA. The letter should be addressed to:

Guy Bjerke
Director, Economic Development & Base Reuse
City of Concord
1950 Parkside Drive
Concord, CA 94519

5.2.2 Master Developer Team
Introduce and describe the Master Developer Team. If the Lead Developer is a consortium, partnership, or any other form of an informal or formal joint venture, the SOQ must contain: (1) an executed teaming agreement, or if no such agreement exists yet, a summary of the key terms of the teaming agreement; and (2) a letter signed by each Equity Member indicating a willingness to accept joint and several liability until the point at which the selected Master Developer has created a special purpose entity to implement the Project.

Respondents should provide information explaining the relationship among Master Developer Team members, their respective roles and contributions to the Project, and the overall management structure for the team. If the structure includes an informal or formal joint venture or partner relationship, explain how decisions will be made during planning and financing phases of the Project. The team composition should reflect the Respondent’s current understanding of the CRP Area Plan and the LRA’s goals and objectives for the Development Footprint. Provide summary information about each firm within the Master Developer Team, their relevant firm experience, and resumes (not more than two pages each) for up to 15 Key Staff with primary responsibility for the Master Developer Team’s performance. The LRA will expect people identified as Key Staff to work on the Project in the roles identified. Any changes to the Key Staff in the first two years of the Project will require written approval from the LRA.

5.2.3 Master Developer Team Experience
Describe the Master Developer Team’s experience, with an emphasis on providing information about the Lead Developer’s track record of success with comparable large-scale, multi-phase land developments. The description of each

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comparable development should include all of the information listed below.

Provide information on at least five projects and no more than ten. In addition to the reference information required below, the LRA reserves the right to contact additional references regarding performance of the Master Developer Team, particularly the Lead Developer.

1. Location and name of project.

2. Total development scope and size (including residential uses, commercial component uses, TOD elements and infrastructure improvements, if applicable); explain if or how the project included emerging technology and sustainability concepts; explain how affordable housing was incorporated into the project and if so, how it was financed; explain how vertical construction and horizontal infrastructure were financed for the first phase of development.

3. Development schedule, including time allotted to public processes and entitlements, including a forward look to project or phase completion (as appropriate).

4. Description of the role of the development entity and unique challenges of the development.

5. Note whether there was a Project Labor Agreement or any similar structure requiring participation of union or prevailing wage labor meeting and exceeding the requirements of State and federal law, and the extent to which the PLA applied to horizontal infrastructure, public facilities and/or vertical building construction and type of vertical construction.

6. The amounts of debt and equity funds used to finance the project. Please provide contact information for the primary lender and equity providers for the project. Identify any local, state and/or federal funding sources used to fund project costs. Also provide contact information for a representative of the entity providing the largest amount of any such public assistance.

7. An overview of the investment return thresholds that were established during the pre-development process, and the returns that were actually achieved, or have been achieved to date, including an identification of how long after the commencement of construction the project achieved a breakeven cash flow.

8. Involvement of the principal public agencies granting land use entitlements, and contact information for a senior staff representative of the jurisdiction or agency in which the project was constructed.

9. Description of community outreach and public participation processes.

10. Identify the Key Staff listed in the SOQ who worked on the project and their roles.

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5.2.4 Responses to Questions
Provide written responses to the following questions. The level of detail for the responses is at the discretion of the Respondent, consistent with direction as to conciseness and the overall page limit.

2. Provide one color illustration not to exceed an 11” x 17" format expressing in a high-level schematic representation the development vision described in item 1, above. The illustration should highlight the proposed initial phase of development per the response to item 5, below. This illustration will be considered in the SOQ evaluation process but will be given less weight in the overall evaluation than other elements of the SOQ.

5. How would you approach phasing the Project, taking into consideration the constraints of availability of land transfer from the Navy described in Section 3.2? Where would you expect to start development, and why do you think that is the right place to start? How would you view a phased transfer process from the LRA to the selected Master Developer?

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Project is financially feasible (e.g., an 18-20% Unleveraged Internal Rate of Return, or other).

8. How would you provide opportunities for local developers to participate in vertical construction and for local businesses to supply construction materials and services?

9. How would you approach accommodating GoMentum Station’s interim uses of portions of the property and provide an opportunity for a potential permanent location in the project?

10. How would you propose to “jump start” uses in the CRP Area Plan’s Campus District in order to attract jobs, academic institutions, and research and development opportunities?

11. Similarly, how would you expedite the TSC/Citywide Park to create early interest and attract interest to the project site?

12. How would you address the green frame (buffer) expectation of some members of the public, north of Willow Pass Road?

13. How would you propose to improve bicycle and pedestrian safety on the property’s portion of Willow Pass Road at the earliest opportunity?

14. How would you propose to improve on the CRP Area Plan’s Climate Action Plan and sustainability efforts using current best practices? (See Section

3.14)

15. How would you approach working collaboratively with the LRA to reach agreement with the Navy on an Economic Developer Conveyance Memorandum of Agreement? (See Section 3.2.)

16. Please describe your anticipated approach to financing required infrastructure. (See Section 3.6.)

5.2.5 Financial Capability and Required Disclosures
All respondents, regardless of their status as public or privately held companies must provide evidence of sufficient financial strength to undertake and successfully complete a project of this scale, and certain disclosures including all of the following categories. Respondents may choose to provide some or all of their responses to these items as “Confidential Information” and submit them as provided at the end of this section.

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1. Current Financial Statements. Provide audited financial statements for the Lead Developer, including any Equity Members3 or Financially Responsible Parties4, for the past three fiscal years, each of which includes a certified auditor’s report, balance sheet, income statement and statement of changes in cash flow. If audited statements are not available, provide unaudited financial statements for the relevant entity, certified as true, correct and accurate by the entity’s chief executive, chief financial officer or treasurer.

This requirement to provide current financial statements applies to privately held companies as well as public companies.

2. Material Changes in Financial Conditions5 Statement. Provide information regarding any material changes in financial condition for the Lead Developer, each Equity Member and each Financially Responsible Party for the past three fiscal years and any such material changes anticipated for the next financial reporting period.

3. Credit Rating Information. A statement about whether the Lead Developer has a credit rating, and if so a copy of the current credit rating from one or more of the major credit rating agencies (Moody's, Standard & Poor's and Fitch), the related credit rating report and a current Dun & Bradstreet commercial credit score rating, to the extent they are available.

4. Financially Responsible Party Confirmation. If financial statements of a Financially Responsible Party have been provided to demonstrate financial capability of the Lead Developer or an Equity Member, provide a letter from the chief executive, chief financial officer, or treasurer of that Financially Responsible Party confirming that it will financially support all of the Respondent’s obligations with respect to the Development Footprint.

5. Prior Transactions/Financial Partners. If the company is privately held and there is no available public information, provide a combination of documented evidence of prior transactions in which all or substantially all of the financing was provided by the Lead Developer, letters from banks and/or current or proposed financial partners indicating the scale of recent loans, the size of the credit line, or other information that will provide the LRA with assurance that the entity can fund a project of this scale without

3 “Equity Member” means (1) an entity with a direct equity interest in the Respondent (whether as a member, partner, shareholder, joint venture member or otherwise); and (2) each entity proposed to have a direct equity interest in the Respondent.
4 “Financially Responsible Party” means a parent company or Affiliate of a Respondent or Equity Member whose financial statements have been provided to demonstrate financial capability of the Respondent or Equity Member.
5 “Material Change in Financial Condition” includes, for example, an event of default or bankruptcy; a change in tangible net worth of 10% of shareholder equity; a sale, merger or acquisition exceeding 10% of the pre-transaction value of shareholder equity; a credit rating downgrade; or non-payment of debt service or inability to meet material conditions of a loan or debt covenant.

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unduly stretching its resources. See below for submittal instructions for Confidential Information by privately held companies.

6. Litigation Disclosures.
a. If, in the past 10 years, any funding source or financial institution has taken any adverse action against the Lead Developer or any joint venture partner, such as terminating or restricting the use of funds, include a summary of such action and the outcome of the same.
b. Respondents must also include a comprehensive list of any and all litigation (except for minor employment claims or minor private party business disputes) that is in any way related to its development projects or internal or counter-party organizational disputes, in which the Lead Developer or Equity Member or Financially Responsible Party has been involved over the last ten years, if any.

7. Reference Letters. Three letters of reference from lenders (public or private), including contact information, to demonstrate financial capacity to undertake this Project. (These letters are excluded from page count.) References signing these letters may be contacted by the LRA team for confirmation and clarifications.

Confidential Information will be kept confidential provided it is appropriately identified as described in Appendix F and submitted in hard copy, sent via overnight courier service with signature required to Gerald J. Ramiza, Partner; Burke, Williams & Sorensen, LLP; 1999 Harrison Street, Suite 1650; Oakland, CA 94612-3520.

5.2.6 Review of Exclusive Negotiating Agreement
To expedite negotiations with the selected Master Developer, provide either a statement that the terms of the Form of Exclusive Negotiating Agreement (ENA) found in Appendix G are acceptable as drafted, or a list of material changes the Respondent would expect to be made before signing the ENA. If desired, this submittal can be designated as Confidential Information, consistent with Appendix F.

5.2.7 Comments on CFP Term Sheet
Respondents are invited, but not required, to submit comments on the CFP Term Sheet (found in the Reuse Project’s website at
www.concordreuseproject.org/DocumentCenter/View/2273/Jan7Staff- ReportandTS) indicating areas where Respondent agrees or disagrees with particular terms and/or providing commentary on terms negotiated by the City and CFP negotiating teams. This item is optional, and Respondents are free to submit comments or not as they see fit. If desired, this submittal can be designated as Confidential Information, consistent with Appendix F.

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5.2.8 Project Labor Agreement
Respondents are invited to submit an executed PLA, which if desired, can be designated as Confidential Information, consistent with Appendix F. If not submitting an executed PLA, please indicate the timing in which you believe an executed agreement can be completed and the progress to date.

5.3 Selection Criteria
The following selection criteria will be considered by the City Council when selecting the Master Developer. While they are presented in order of importance, the City Council will base its decision on the overall RFQ/SOQ process, including each SOQ as a whole, the LRA Team’s Summary, oral and written staff reports, Respondent interviews, public input, and other relevant information and materials presented at the public meetings held to consider the Master Developer selection. • Demonstrated understanding and commitments of the developer to satisfy the City’s priorities for the CNWS, including development vision as expressed in the CRP Area Plan and community facilities in Section 3.4, including the Concord First commitment found in Section 3.11. • Financial capability and history of successfully financing projects of a similar scale, particularly those with a large infrastructure component. • Respondent’s identified Internal Rate of Return threshold for the project. • Experience of Lead Developer with successful completion of similar projects, including projects that are large-scale, mixed-use, military base reuse, and transit oriented.
• Organization of the Master Developer Team and any other members of the Project Team.
• Experience of principal technical subconsultants (Project Team members who are not the Lead Developer) – such as architects, engineers, permitting, and remediation specialists.
• Responses received from financial references provided as requested in #7 of Section 5.2.5.

5.4 SOQ Document Submittal via ShareFile
Instructions
The City will be utilizing ShareFile for submittals of proposals. Representatives of Respondents attending the mandatory Pre-Response Conference meeting will be providing their e-mail address at the meeting and later provided with a unique link (via e-mail from the City) to the City’s ShareFile account for the uploading of

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submittals, approximately one week prior to the proposal deadline. The LRA requests all files to be “zip-filed” prior to submittal. All Respondents must also e- mail the LRA’s administrative contact (Israel Mora) at
[email protected] upon submittal of files to confirm receipt.

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Appendix A
CRP Area Plan Summary

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A1 CRP Area Plan Summary
A1.1 Development Program
About 2,700 acres of the CNWS site’s total of 5,046 acres is set aside for habitat conservation/restoration, open space, and passive recreation lands. Another 800 acres (of the designated LRA’s property) will be set aside for Greenways and Citywide Parks.

Of the approximately 1,500 remaining acres, development is expected to include a range of land uses, all connected to the North Concord/Martinez BART station, including mixed use areas: TOD Core, TOD Neighborhoods, Central Neighborhoods, Villages (neighborhoods that extend south and east from the Central neighborhoods, each with distinct characteristics and a mix of building types), the completion of Willow Pass Park, Commercial Flex uses adjacent to Highway 4, the Diablo Creek Golf Course (a municipal course run by the City), a campus district, and a proposed tournament sports complex. Also, part of the approximately 1,500 remaining acres is approximately 78 acres set aside for the Contra Costa County Sheriff/Fire District.

Figure A-2 is the approved CRP Area Plan Diagram showing district designations for these land uses.

The CRP Area Plan (2012) development program is summarized in the table below. The precise acreage, number of housing units, and commercial floor space in each District (each District is essentially a land use category) will be defined during subsequent planning phases and may vary somewhat from the program summary, so long as overall development remains within the maximum site-wide total. The selected Master Developer will have a major role in developing a Specific Plan to serve as that subsequent planning and develop a level of detail that can be entitled. District Open Spaces are included in the acreage shown for the Development Districts and total acreage includes the 18-acre BART property (refer to Figure A-1 for the overall site and BART property boundaries). As in the RFQ, the adjacent former Coast Guard Property is not included in the CRP Area Plan nor will the selected Master Developer develop this area.

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Table A-1 CRP Area Plan Development Program
District Approximate
Acres
Approximate
Housing Units
Approximate
Commercial Floor
Space (SF)
North Concord TOD Core 55
700
(housing not
required)
3,000,000
North Concord TOD
Neighborhoods (all) 90 2,200 150,000
Central Neighborhoods (all) 180 2,600 100,000
Village Centers (all) 70 500 350,000
Village Neighborhoods (all) 740 6,200 N/A
Commercial Flex 210 N/A 1,700,000
Campus 120 TBD 800,000
First Responder Training
Center 80 N/A N/A
Greenways and Citywide Parks 786 N/A N/A
Conservation Open Space 2,715 N/A N/A
Total 5,046 12,200 6,100,000
Maximum Sitewide Total 5,046 12,272 6,115,718
Note that these Area Plan development program acreages were gross district acreages that included acreage for roadways. Total acreages per district may decrease to account for roadway acreage.

Within the residential areas, the CRP Area Plan provides further guidance about the preferred neighborhood housing mix. Once again, the number and mix of housing units will be defined during subsequent planning and may differ from the program summary.

Table A-2 Neighborhood Housing Mix
District
Approximate
Housing
Units
Multi-
Unit
Attached
Single
Unit
Mix of
Detached and
Attached
Single Unit
Detached
Single
Unit
North Concord TOD
Core 700 100% - - -
North Concord TOD
Neighborhoods (all) 2,200 80% 20% - -
Central
Neighborhoods (all) 2,600 15% 75% 10% -
Village Centers (all) 500 60% 40% - -
Village
Neighborhoods (all) 6,200 - 35% 45% 20%
Total 12,200 25% 40% 25% 10%
Typical Residential
Building Height
(stories)
3-6 2-3 2 2
The CRP Area Plan further outlines standards for each District (“District Standards”). These standards include the District’s intent, allowable density, and

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intensity of use, required mix of uses, additional appropriate uses, convenience standards, and parking locations. Please refer to the CRP Area Plan for these details. The CNWS site also encompasses wetlands and other natural resources, most within the open space but at least two seasonal wetlands in potential development areas. The CNWS site contains a significant amount of developed (Greenways and Citywide Parks) and undeveloped (Conservation) open space.

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Figure A-1 Planning Area Boundary

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Figure A-2 CRP Area Plan Diagram

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A1.2 Conservation, Open Space and Recreational
Lands
The CRP Area Plan designates approximately 69% of the CNWS site for habitat conservation/restoration, open space, and recreational land, creating an array of recreational opportunities while preserving valuable natural resources. The CRP Area Plan organizes open space into five categories: 1) habitat conservation/restoration; 2) passive recreation/ open space; 3) greenways; 4) citywide parks; and 5) district open space, serving neighborhoods and commercial districts. The Countywide Bike and Pedestrian Plan and the City of Concord Trails Master Plan provide a framework for integrating new trails with a citywide and regional trail network that extends throughout the Bay Area.

For more details and figures on habitat conservation/restoration, see Appendix E:

Natural Resources Permitting Framework.

A1.3 Community Facilities
The CRP Area Plan designates facilities such as a library, schools, and arts centers as community focal points. Some facilities may serve people living and working in the immediate surroundings, while others will attract people from throughout Concord or even the whole Bay Area. While the CRP Area Plan does not identify specific sites for most community facilities, their location and design will play a central role in creating vibrant and safe centers that support all modes of transportation and enhance quality of life for Concord’s residents.

A1.4 Circulation System Design
The CRP Area Plan includes three interrelated and overlapping circulation networks: complete streets, a bicycle network, and a transit network. Complete streets accommodate many modes of travel, including pedestrian, bicycle, transit, and automobile and truck circulation, as well as wheelchairs and strollers. The intent, function, and standards applicable to each street type are defined in the CRP Area Plan. The transit network facilities include the high-volume BART station and a high frequency bus that will travel within a dedicated lane between the BART station and the southern Village Centers and Neighborhoods along a new transit spine. The network will also include shuttles and other local bus routes, which will connect to the downtown Concord BART station and other major employment centers in the City. The intent, function, and standards applicable to each component of the transit network are defined in the CRP Area Plan. The bicycle network will serve bicyclists on a combination of dedicated and shared routes. Again, the intent, function, and standards applicable to each component of the bicycle network are defined in the CRP Area Plan.

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Following completion of the CRP Area Plan, the Coast Guard decided to surplus their property adjacent to the CNWS. This has created an opportunity for an additional roadway connection to East Olivera Road not originally planned for in the CRP Area Plan.

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Appendix B
Infrastructure

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B1 Introduction
This report summarizes the preliminary planning, coordination, and engineering that has been done for the Concord Reuse Project (CRP) infrastructure. Arup completed initial planning and engineering for the CRP in support of the 2010 programmatic EIR and the CRP Area Plan. This initial work was validated and refined by the Lennar development team in preparation of the administrative draft Specific Plan, a draft of which was delivered to the LRA in 2019. See Section 1.4 of the RFQ for information on the administrative draft Specific Plan.

Arup prepared and updated most recently in 2017 an opinion of probable cost reflecting preliminary cost estimates for infrastructure to support buildout of the Project. It is available on the Project website.

The information provided in this report is preliminary in nature, based on high level assumptions and concept level engineering. This report may serve as general guidance for the new Master Developer Team, but all engineering assumptions and design will have to be validated and developed in subsequent phases of the Project.

B2 Design Principles
The following design principles govern infrastructure development for the CRP.

B2.1 Infrastructure Layouts
Utility infrastructure shall be located underground within public rights-of-way or utility easements to provide for safe, visually unobtrusive, and environmentally sensitive utility systems that are compatible with adjacent land uses. Site utility systems shall be designed in a coordinated and holistic manner. Backbone utility corridors shall be laid out to match the site’s primary roadway network with alignments that minimize encumbrance to the development areas and maximize long-term flexibility and operational efficiency.

B2.2 Phasing
Utility infrastructure shall be designed and constructed to support the full build out of the Project. If the Project is developed in phases, the early phase infrastructure shall be constructed in a manner that supports the full build out of the Project, including backbone utility corridors, water storage tanks, electrical infrastructure, and offsite utility connections that are sized and located to adequately serve the entire Project.

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B2.3 Sustainability
The CRP infrastructure shall incorporate sustainability principles and climate action strategies into the design, operation, and management of utilities to the greatest extent feasible, including:
• Prioritizing use of renewable energy, recycled water, and low impact design principles.
• Designing utility networks to promote maximum efficiency and flexibility to adapt to future changes in user demands and source supplies. • Selecting materials that minimize greenhouse gas emissions and conserve natural resources.
• Developing grading and storm water management strategies that preserve natural topography and hydrologic patterns.

B3 Grading
B3.1 Existing Site and Topography
The CRP Area ranges in elevation from 5 feet above sea level near State Route 4 to approximately 240 feet at the top of a knoll just south of Willow Pass Road.

The site lies within the broad, flat Clayton Valley, although a ridge runs roughly along the center of the site starting near the North Concord/Martinez BART station. Slopes in the CRP Area range from zero across much of the southwestern area to more than 30% in the central ridge line. See the topography and landform from the Area Plan in Figure B-1.

Other notable existing features within the CRP Area include the Contra Costa Canal and Mt. Diablo Creek. Beyond the area’s north-eastern boundary, the Los Medanos Hills rise to elevations of greater than 1,400 feet.

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Figure B-1 Topography and Landform from the CRP Area Plan

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B3.2 Area Plan Policies
The CRP Area Plan locates most future development on the valley floor and preserves significant hillsides and steeper slopes as open space. Area Plan Policy “C-2.2: Slopes Over 30 Percent” states:
“Limit development on slopes that are 30% or greater. Where such slopes occur within the areas shown for urban uses on the Area Plan Diagram, they should generally be set aside as public or private open space in order to minimize the need for grading and earth movement. In the areas closest to the North Concord/Martinez BART station, some development on steeper slopes may be acceptable in order to maximize transit-oriented development opportunities.” The site was planned to this CRP Area Plan policy and limits the need for excessive grading; the specific location of greenways and boundaries of districts were selected so that key topographic features could be incorporated into the greenways and mass grading could be avoided. Portions of Development Districts with significant topography will be designed to provide comfortable, convenient access to other portions of the site, and sections of it could be used for large-lot housing.

Arup developed a conceptual grading design for the CRP Area Plan. Grading parameters were developed for the different types of development planned, with TOD Core, TOD Neighborhoods, Central Neighborhoods, Village Neighborhoods, and Campus/Commercial Flex. Fifteen-foot-deep basement excavations were incorporated into the blocks in the TOD Core Neighborhood, TOD Core, and Central Neighborhood districts, with 50% of the block areas assumed to have basements. Basements in these districts resulted in significant cut volumes (approximately 1,360,000 CY). In the higher elevations of the Village Neighborhood district, grading was terraced, assuming the street network had greater flexibility than the denser TOD Core Neighborhood, TOD Core, and Central Neighborhood districts.

The total grading for the site per the CRP Area Plan is approximately 5,800,000 CY of cut and 5,800,000 CY of fill. The site has a net earthwork balance with flexibility to suit additional cut or fill. The following is a summary of the most significant areas of earthwork:
• 1,360,000 CY cut – TOD Core Neighborhood, TOD Core, and Central Neighborhood districts
• 420,000 CY cut – Re-grading of Mt. Diablo Creek to increase conveyance capacity for Reaches 1 and 3
• 200,000 CY cut – Potential detention basin for additional flood capacity for Mt. Diablo Creek
• 340,000 CY cut – excavation of contaminated soil within Site 22

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• 790,000 CY fill – Campus and Commercial Flex districts • 1,130,000 CY fill – Village Neighborhood bunker area
Arup’s grading design considered the site holistically rather than by district or by phased development within the site. Grading was optimized to minimize the overall earthworks for the site. See the conceptual grading design in Figure B-2.

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Figure B-2 Conceptual Grading

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B3.3 Lennar Specific Plan Grading Update
Lennar was tasked with taking the conceptual work of the CRP Area Plan and turning it into a Specific Plan for the CRP.

Lennar’s initial grading plan differed from the CRP Area Plan in two key respects; first it detailed the principal of developing the Project in phases, and it planned for mass grading of the site into a much flatter plan – nearly eliminated the ridge line through the site, and reduced the naturally rolling topography to typically under 4%, with much of it at 2%. This resulted in total grading quantities of 20 million cubic yards, with mass grading at 15.6 million cubic yards. Lennar provided the following reasoning for the revised grading design:
• High-intensity development was not feasible at the grades the CRP Area Plan envisioned for the TOD core. Stepped foundations and walls would place significant financial constraints on development.
• Steep grades significantly complicated the transportation strategy and would discourage active modes such as walking and biking.
• The initial proposed Phase 1 boundary (in the 2014 RFP/Q) cut across watersheds, resulting in duplicate infrastructure costs for the first phase without additional benefit.
• The LRA and Lennar worked collaboratively to find a compromise between the two grading plans. Ultimately, Lennar’s revised grading plan included steeper development slopes and preserved more of the ridge and natural topography. The revised plan reduced the site earthwork to 11 million cubic yards while balancing the overall site earthwork.

B3.4 Key Takeaways for Future Development
The densest development within the CRP Area Plan —the TOD core near the North Concord BART station—has the most significant grading challenges; the existing terrain is steep, at least half the buildings will be expected to have basements; and they will be larger scale buildings with strict foundation requirements. This portion of the site unavoidably generates excess cut regardless of development scenarios.

The volumes of earthwork generated by a site of this scale are best retained on site because they are far too large for major import or export. The site is also of a scale that development will likely be phased, potentially over decades. Balancing the earthworks for the overall site and within any project phases will require detailed planning and engineering. Cut from early phases of development can be stockpiled on site, but all site grading will need to be stabilized with full erosion control and consideration to drainage.

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Development phase boundaries involving earthworks need to be considered with regard to the other infrastructure needed to serve the site. Phase boundaries that involve significant grade changes would complicate the connections of water, sewer, storm drainage, as well as the dry utilities. Early phases need to have full connectivity to infrastructure, ideally without a need for duplicative or re-built infrastructure.

B4 Onsite Transportation Infrastructure
The CRP Area Plan includes three interrelated and overlapping circulation networks: complete streets, a bicycle network, and a transit network. Onsite transportation infrastructure for the Development Footprint includes new roadways, intersections, and bike paths. Transit and offsite improvements are addressed in more detail in the Area Plan.

B4.1 Roadway Design
Typical roadway sections are designed as complete streets and include the following components: mixed-flow travel lanes, dedicated transit lane where applicable, parking lanes, bike lanes (Class II), streetscape plantings and sidewalks, for each travel direction. The Development Footprint is anticipated to have approximately 8 miles of through streets and 16 miles of collector streets.

See the conceptual complete streets network from the CRP Area Plan in Figure B-3.

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Figure B-3 Complete Streets Network from the CRP Area Plan

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B4.2 Intersection Improvements
Existing intersection improvements will be required at the interface between the existing roadway at the site boundary and new roadways to be built on site. The work is assumed to include added turn lanes, upgrades to existing traffic control systems, new traffic signals at the intersection, repaving at the intersection, and minor modifications to sidewalk, curb, and gutter.

B4.3 Bike / Pedestrian Trails
The bike network will serve bicyclists on a combination of dedicated and shared routes. A significant bike/pedestrian Class I trail network is planned for the Development Footprint. The network will consist of approximately 18 miles of 10 – 12-foot-wide paved travel ways with associated lighting, signage, and pavement markings.

B5 Sanitary Sewer
B5.1 Existing Conditions
There is no sanitary sewer infrastructure within the CRP Area. A new wastewater collection system will have to be constructed as part of this Project.

The CRP Area is roughly split between the wastewater service area of Central Contra Costa Sanitary District (‘CCCSD’) and the area served by the City of Concord. The boundary between these service areas generally follows the ridgeline that bisects the Project site from northwest to southeast. The northern area is within the CCCSD area. The southern area is served by the City.

The City owns and maintains the existing wastewater collection facilities within its service area, including pipelines within existing, developed areas southwest of the CRP Area. The City’s system includes a series of gravity pipelines that convey wastewater from the City and other surrounding areas within its service district to the CCCSD treatment plant.

CCCSD owns and maintains separate wastewater collection facilities in its service areas in North Concord. These facilities include pipelines, pumps, and lift stations that also convey wastewater to the treatment plant. The existing CCCSD collection facilities nearest to the CRP Area are located near the intersection of Bates Avenue/Port Chicago Highway
Both service providers collect and convey wastewater to the wastewater treatment plant owned and maintained by CCCSD, located near the I-680/Highway 4 interchange, approximately 3 miles northwest of the CNWS site.

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B5.2 Projected Wastewater Peak Flows
The peak wastewater flow estimated in the Area Plan for full Project buildout is

7.1 MGD (million gallons per day). The peak flow rate was calculated by multiplying the average daily dry weather wastewater demand by a peaking factor of 2. The Area Plan peak flow estimate is conservative. Refinements to the CRP’s development program and more detailed system modeling may yield a lower a peak flow.

CCCSD has indicated that the wastewater treatment plant has adequate available treatment capacity to accommodate the full CRP build-out. The measured dry weather flow into the CCCSD treatment plant in Fiscal Year 2008 was 35.2 MGD, while its maximum operating capacity was approximately 125 MGD. The plant’s effective capacity is capped at a maximum dry weather flow of 53.8 MGD by its National Pollution Discharge Elimination System (NPDES) permit, which is intended to limit effluent discharge into San Francisco Bay. CCCSD’s treatment plant capacity will need to be reconfirmed by the development team during subsequent design phases.

B5.3 Project Wastewater Infrastructure
Improvements
As discussed in both the CRP Area Plan and Draft Specific Plan, there are 4 scenarios for the Project’s overall wastewater system design. • Convey Project wastewater to both the CCCSD and City, based on their respective current service area boundaries.
• Convey all Project wastewater to CCCSD’s system to the north. • Convey all Project wastewater to the City of Concord’s system to the southwest.
• Rearrange service area boundaries to maximize available capacities and minimize downstream improvements.

Selection of one of the above scenarios will depend on the results of ongoing discussions with CCCSD and the City. Both the City and CCCSD have evaluated and identified necessary improvements to their respective existing downstream collection systems to accommodate future peak wastewater flows from the Project. The sanitary sewer system serving the Project should be configured to minimize the extent of downstream system upgrades needed within either the CCCSD or City service areas while still ensuring adequate pipeline capacity.

Connections to the City sewer system are anticipated at Willow Pass Rd. and Port Chicago Highway. Both connections will require upgrades to the existing City mains to support the CRP. The extent of these upgrades will depend on which scenario is selected for the Project.

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Under any of these scenarios, the Project’s wastewater system development will include an off-site pipeline extension to connect the site to the existing CCCSD Concord Industrial Pump Station facilities in North Concord. This off-site extension will occur within the same alignment as the recycled water pipeline extension, where feasible, to minimize disturbance.

For both options, preliminary studies indicated that pump stations are required to tie into the City and CCCSD systems based on the site grades and assumed pipe depths at the proposed points of connection
The Project’s internal wastewater conveyance system will consist of approximately 40,000 linear feet of gravity pipes and force mains ranging from 8-24 inches in diameter: a conceptual layout is presented in Figure B-4. Pump stations may be necessary depending on which service scenario is selected.

Interim pump stations may also be necessary to address new development phasing.

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Figure B-4 Conceptual Wastewater Conveyance System

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B6 Electrical Distribution
B6.1 Existing Conditions
PG&E owns and operates several transmission level electrical lines within proximity of the CRP Area, including the 230-kilovolt (‘kV’) Pittsburg-Tidewater transmission line, which runs roughly parallel to the Project’s eastern border at the top of the Los Medanos ridge line and the 115kV Pittsburg-Clayton transmission line along Kirker Pass Road.

Existing uses on the CNWS site receive electricity directly from the Western Area Power Administration, which is distributed using 4.16 kV overhead lines. In addition, PG&E has a 21 kV overhead line that generally follows the Mt. Diablo Creek Corridor and a 12 kV overhead line that runs parallel to Willow Pass Road.

These distribution lines provide utility feeds to the cities of Concord and Clayton and do not provide direct service to the CRP Area.

PG&E indicated as recently as 2018 that the local 21 kV and 12 kV distribution system has approximately 5 – 10 MW of extra capacity, which could be used for initial development. Availability and access to this capacity are on a first come first served basis and will need to be reconfirmed by the future Master Developer if they intend to use it.

B6.2 Proposed Electrical Supply and Distribution
The CRP development will require the construction of a new PG&E substation to provide electricity for the Project. PG&E’s preferred alternative for electric service to the site is from the 230 kV Pittsburg-Tidewater Transmission Line, with the assumed point of connection just south of SR-4. The connecting 230 kV transmission line will be located on overhead cables running parallel to SR-4 or along the Avila Road ROW. The 230kV overhead line will terminate at a new PG&E substation where the voltage is reduced from 230 kV to 12 kV for site distribution. Based on the total electrical demand estimate for the Project, two 33 MVA transformers are assumed for the substation and will provide a total capacity of 66 MVA. This demand estimate will need to be verified during design.

The new substation will require a site of approximately 5 acres, including land necessary for ingress and egress to the incoming transmission line and outbound distribution lines. The substation site will need to be relatively flat and outside of wetlands, areas with liquefaction potential, and know fault locations. Several potential substation locations have been discussed with PG&E, including sites north of Highway 4 and along Avila Road. It is generally agreed that the substation will be located in the northeastern portion of the CRP Area, but the final location has not been determined.

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Electrical distribution for the CRP will consist of a network of underground 12 kV circuits constructed in a joint trench with site telecommunications and natural gas infrastructure. A conceptual layout of this joint trench infrastructure is presented in Figure B-5.

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Figure B-5 Conceptual Joint Trench Infrastructure

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B7 Natural Gas
B7.1 Existing Conditions
PG&E owns and operates existing natural gas transmission pipelines along the north side of Highway 4 and north of Kirker Pass Road as well as gas distribution facilities within Port Chicago Highway and Willow Pass Road.

The CRP Area does not have existing natural gas infrastructure in place.

B7.2 Proposed Natural Gas Service and Infrastructure
PG&E will provide gas service for the CRP, which has a projected natural gas demand at full buildout of approximately 1730 thousand cubic feet per hour.

PG&E has proposed the construction of a new feeder main from the existing 24” high pressure transmission line near Port Chicago Highway and SR 4 to the south to a gas regulator site that would be located near the southern edge of the TOD area or on Willow Pass Road near planned community facilities. PG&E has stated that their existing transmission facilities have sufficient capacity to support the full buildout of the Project.

The CRP natural gas distribution system will then service the site from this main connection with a secondary connection at Willow Pass Road for resiliency.

Preliminary engineering indicates that the site’s natural gas distribution will consist of approximately 50,000 linear feet of 6-inch and 8-inch gas pipes with smaller localized service connections: A conceptual layout is presented in Figure B-5. A conceptual layout is presented in Figure B-5.

B8 Telecommunications
B8.1 Existing Conditions
AT&T is the major telecommunications provider in Concord. Comcast and Astound Broadband also provide telecommunications as well as cable television services. The CRP Area is within the franchise agreement area between Comcast and the City. Comcast maintains an existing aerial line running through the site, and a 2-inch fiber optic cable that runs across the site in the area between Port Chicago Highway and Willow Pass Road.

The CRP Area does not contain telecommunications or fiber backbone networks.

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B8.2 Proposed Telecommunications Infrastructure
Backbone telecommunications and fiber optic service for the CRP will be constructed in a joint trench with PG&E’s electric and natural gas distribution services. The duct bank will be designed with capacity for multiple service providers as well as the City. Points of connection, service providers, and network strategies will need to be developed as part the overall Project infrastructure plan.

A conceptual layout is presented in Figure B-5.

B9 Storm Drainage
B9.1 Existing Conditions
The CRP Area is largely undeveloped and is comprised of two major watersheds.

The larger Diablo Creek Watershed encompasses the northern and eastern portions of the site. The Holbrook Channel Watershed encompasses the western portion of the site. Downstream of the CRP Area, the 100-year flood zones for both Mt. Diablo Creek and Holbrook Channel extend beyond their banks and into neighboring developed areas, indicating that these channels do not have capacity to accommodate increased storm water runoff.

B9.2 Proposed Storm Water Management
In accordance with the Contra Costa Clean Water Program, the CRP will be required to treat all site storm water runoff prior to discharge to existing drainage ways and provide storm water detention so that the post-development peak flow rates from the site do exceed predevelopment flow rates.

Detention basins and storm water treatment areas will need to be strategically located throughout the site to utilize site topography and maintain the existing character of predevelopment runoff patterns. The number and location of new detention facilities and storm water outfall locations should strive to balance the optimization of site watershed sizes and development planning with the preservation of existing drainage pathways and natural outfall locations.

B9.3 Proposed Storm Water Infrastructure
Arup developed and modeled a preliminary backbone storm drainage network for the CRP Area Plan using InfoWorks CS (Collection Systems) software.

Due to the increased imperviousness of the proposed site surface, detention storage will be needed throughout the Project so that post-development peak flows do not exceed predevelopment peak flows. Storm pipes were assumed to be sized to accommodate the 10-year rainfall event in open channel condition, with a Manning roughness ‘n’=0.013. Detention storage is sized to attenuate the

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100-year event, assuming through and collector streets will serve as emergency overland flood control, and runoff in the streets is carried the same direction as underground storm pipes.

The Contra Costa County Public Works Department (CCCPWD) duration- frequency-depth curves were consulted to develop representative 10-year and 100- year, 30-minute duration rain curves. A 17.5-inch average rainfall depth was taken from the Mean Seasonal Isohyetal Map (B-166), also provided by CCCPWD. The peak 10-year and 100-year rainfall intensity is estimated at 1.12-in/hr. and

1.60-in/hr., respectively. For time-of-concentration (Tc) values, the InfoWorks CS modeling software uses the Passini method, resulting in Tc-values in the range of 8-60 minutes, typical of watersheds of this size and soil characteristic.

For the preliminary model, a total of six detention facilities were assumed, however it is likely that these detention volumes may be subdivided among the development areas based on land use, development type, and project phasing.

Arup’s model indicated that approximately 21 MG (million gallons) of onsite detention will be required to attenuate the 100-year storm event, and the backbone storm drainage system will consist of approximately 50,000 lf of 36 – 60-inch storm piping: a conceptual layout is presented in Figure B-6.

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Figure B-6 Conceptual Storm Water Infrastructure

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B10 Domestic Water
B10.1 Existing Facilities
Potable water will be supplied to the Development Footprint by CCWD. CCWD owns and maintains the treatment, storage, transmission, and distribution facilities that provide potable water to this service area.

The major source of CCWD’s water is the Sacramento–San Joaquin Delta.

CCWD has a contract with the Central Valley Project ensuring water supply through 2045. Other water sources available to CCWD include the East Contra Costa Irrigation District, Mallard Slough, recycled water (discussed in Section B11), local groundwater from offsite wells, and water transfers.

CCWD operates multiple pressure or service zones within its potable water distribution system. The CRP Area is located within Zones 1 and 2. Zone 1 serves areas with elevations up to 110 feet, and Zone 2 serves areas with elevations between 110 feet and 220 feet.

B10.2 Project Water Demands
The potable water demand for full build out of the Project is estimated to be 2.8 –

3.2 MGD (1,000 – 1,200 MG per year). In 2010, at the request of the City of Concord, CCWD prepared a Water Supply Assessment (WSA) for the CRP, which affirmed that CCWD’s currently available and planned water supplies were sufficient to meet CRP’s estimated water demands. CCWD reconfirmed the WSA in 2019.

B10.3 Proposed Infrastructure
Proposed potable water infrastructure for the CRP Area falls into three groupings:
offsite improvements, new storage tanks, and onsite distribution. Descriptions of each follow:

Offsite Improvements
The primary domestic water feed to the CRP will be a new 42-inch transmission water main. The new transmission line will connect to an existing CCWD water transmission main within North Concord near Bates Avenue and Port Chicago Highway then run along the alignment of the Evora Road Extension and under Highway 4 to the northern portion of the CRP. Planning and preliminary cost estimates for this work were included in the CCWD’s 2015 “Treated Water Masterplan.” The CRP will have secondary domestic water connections to the CCWD system at several locations along the western boundary of the site.

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Storage Tanks
New potable water storage tanks with a total volume of approximately 6.6 MGD will need to be constructed as part of the EDC to mitigate peak flow variations and provide additional fire water storage. To provide sufficient system pressure, the required water surface elevation for the tanks is approximately 320-ft. The tanks will be located in the Los Medanos Ridge area at a site acceptable to CCWD, the City, and the East Bay Regional Park District (‘EBRPD’). Multiple locations for these water storage reservoirs are being evaluated based on considerations that include availability of or improved access to the reservoir site, the extent of disturbance to EBRPD lands, and seismic stability. The storage reservoir site will be owned and maintained by CCWD. The access road and pipeline corridor to the reservoir site will be within EBRPD or City lands with an easement in favor of CCWD.

Onsite Distribution
• The CRP onsite potable water distribution will be designed and constructed in accordance with CCWD regulations. The system will have 2 pressure zones which align with CCWD’s overall system design. Zone 1 will serve areas below elevation 110’. Zone 2 will serve the higher elevations.

Interconnections between the two systems, including booster pumps, pressure regulating valves, and backflow devices will be determined as part of the Project infrastructure design. Preliminary modeling indicates that the EDC backbone water system will consist of approximately 50,000-feet of 18 – 30- inch water pipes: a conceptual layout is presented in Figure B-7.

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Concord City CouncilMay 9, 2023

Concord City Council
May 9, 2023