Concord City Council
August 22, 2023

1 COUNCILMEMBERS
Laura M. Hoffmeister, Mayor
Edi E. Birsan, Vice Mayor
Dominic D. Aliano
Laura M. Nakamura
Carlyn S. Obringer
Civic Center
1950 Parkside Drive
Concord, CA 94519
www.cityofconcord.org
Regular Meeting of the
Concord City Council
Tuesday,
August 22, 2023
6:00 p.m. - Open Session Council Chamber
1950 Parkside Drive
and/or Various
telephonic/electronic
locations
*IMPORTANT NOTICE ABOUT PUBLIC COMMENTS AND MEETING PARTICIPATION* 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.

Please note
6:00 p.m.

Meeting Start
2 HOW TO PARTICIPATE
The public is invited to participate in the City Council meeting using any of the following methods:
For meeting interpretation from English to Spanish during the meeting, please join the meeting Zoom webinar by following THIS LINK.
Para traducción de Ingles a Español durante esta junta, por favor entre a la junta de Zoom usando ESTE ENLACE

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/85827416234?pwd=RXB1cTlla3dpRUpiS2tqUVdEQWFN UT09 or Zoom Webinar ID: 858 2741 6234 and Passcode: 623828 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

OPEN SESSION

1. OPENING
Roll Call – Announcements/Consideration and Approval of Requests by Councilmembers to Participate Remotely Pursuant to AB 2449 Pledge of Allegiance – Councilmember Aliano

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

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

3. PRESENTATIONS
a. Presentation – of the proceeds from the Mayor's Cup Golf Tournament held May 19, 2023, to the Concord Junior Giants (received by Ana Villalobos).

Presentation by Mayor Hoffmeister.
b. Presentation – an update on the East Bay Regional Park District from Ward 6 Board Member John Mercurio. Introduction by Mayor Hoffmeister.

4. 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 Participate” above. a. Considering – approval of the minutes from the August 8, 2023, meeting.

Recommended by the City Clerk.
4 b. Considering – adoption of Ordinance No. 23-4 entitled, "An Ordinance Amending Concord Municipal Code Chapter 15.08 (Appeals of the City of Concord Construction Code), Chapter 15.10 (Building Code), Chapter 15.20 (Plumbing Code), and Chapter 15.50 (Multi-Family Rental Dwelling Units)." Ordinance No. 23-4 was introduced on August 8, 2023, by reading of the title only and waiving further reading. Recommended by the City Clerk.

CEQA: Not a project/exempt under Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c)(2)(3), 15061(b)(3), and/or 15378. c. Considering – adoption of Ordinance No. 23-5 entitled, "An Ordinance Amending Concord Municipal Code Chapter 2.10 (Officers and Employees), Article II (Compensation), Section 2.10.020 (Councilmembers) increasing Councilmember Compensation to $1,900 per month, to be effective after the November 2024 City Council election." Ordinance No. 23-5 was introduced on August 8, 2023, by reading of the title only and waiving further reading.

Recommended by the City Clerk.
d. Considering – authorizing the Mayor to send a letter that opposes Senate Bill 532, which if signed by the Governor, would increase seven state-owned San Francisco Bay Area bridge tolls by $1.50. Recommended by the Assistant City Manager.
e. Considering – the following for the 2023 Willow Pass Road Patch Repair and Overlay Project (Project No. 2593-1) located on Willow Pass Road from Landana Drive to Avila Road:

1. Award of a construction contract in the amount of $875,648.25 (Measure V Projects Fund 490) to MCK Services, Inc., and authorizing Staff to utilize the available project contingency for contract change orders that become necessary up to 10% of the contract amount; and authorizing the Mayor to execute the contract in a form acceptable to the City Attorney.

2. Authorizing the City Engineer to accept the improvements upon completion of Project No. 2593-1 and directing the City Clerk to file a Notice of Completion. Recommended by the Director of Community Development.

CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(2), 15061(b)(3), 15378, 15301, 15302, 15303, 15304, 15305, and/or Public Resources Code Section 21065.
f. Considering – the following for the 2023 Citywide Asphalt Patch Repair Project (Project No. 2593-2) located on Ygnacio Valley Road from Alberta Way to Clayton Road:

1. Award of a construction contract in the amount $480,972.25 to MCK Services, Inc., for the Base Bid of 2023 Citywide Asphalt Patch Repair Project (Project No. 2593-2); authorizing Staff to utilize the available project 5 contingency for contract change orders that become necessary up to 10% of the contract amount; and authorizing the Mayor to execute the contract in a form acceptable to the City Attorney.

2. Approval of a related budget transfer of $420,000 (2021 Debt Issuance Measure V Fund 407) from Pavement Management Annual Program - HOLDING ACCOUNT (Project No. 2157) to 2023 Citywide Asphalt Patch Repair Project (Project No. 2593) and appropriating such funds for Project No. 2593-2.

3. Authorizing the City Engineer to accept the improvements upon completion of Project No. 2593-2, and directing the City Clerk to file a Notice of Completion. Recommended by the Director of Community Development.

CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(2), 15061(b)(3), 15273, 15378, 15301, 15302, 15303, 15304, 15305, and/or Public Resources Code Section 21065.

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

After the public has commented, the item is closed to further public comment and brought to the Council level for discussion and action. Further comment from the audience will not be received unless requested by the Council. No public hearing shall commence after 10 p.m. unless approved by majority vote of the City Council. Please see “How to Participate” above. a. Considering – adoption of a Resolution:
(1) finding the amendments to the 2023-2031 Housing Element Update (“2023-2031 HEU Amendments”), consistent with the Initial Study/Negative Declaration for the adopted 2023-2031 HEU;
(2) finding the 2023-2031 HEU Amendments exempt pursuant to CEQA Guidelines Section 15061(b)(3), the common sense exemption; (3) finding the 2023-2031 HEU Amendments substantially comply with Government Code section 65580 et seq. (“Housing Element Law”); (4) approving a General Plan Amendment adopting the 2023-2031 HEU Amendments;
(5) authorizing the City Manager or designee to make changes to the 2023- 2031 HEU, as amended by the 2023-2031 HEU Amendments, to achieve internal consistency or address non-substantive changes or amendments requested by the Department of Housing and Community Development to certify the 2023-2031 HEU; and
(6) making other related findings and delegations as appropriate. (PL23109 – GP) Report by Aaron Sage, Principal Planner.

CEQA: Exempt under CEQA Guidelines 15061(b)(3) (Common Sense Exemption); prior Initial Study/Negative Declaration.
6 b. Considering – introduction of an Ordinance amending the Concord Municipal Code (Title 18) by adding Chapter 18.152 – Objective Design Standards (2023-2031 Housing Element Objective 15.3) (PL23101 – DC) by reading of the title only and waiving further reading. Report by Joan Ryan, Principal Planner.

CEQA: Not a “project” and/or exempt under to Public Resources Code Section 21065, California Environmental Quality Act (CEQA) Guidelines Sections 15060(c)(2), 15378 and/or 15061(b)(3).

6. CITY COUNCIL CONSIDERATION ITEM
The public is entitled to address the City Council on items appearing on the agenda before or during the City Council’s consideration of that item. Each speaker will be limited to approximately three minutes. Please see “How to Participate” above.
a. Considering – an update on the status of the Homeless Strategic Plan and (1) endorsing the Working Group’s Proposed Vision Statement; (2) providing feedback on the preliminary draft goals; and (3) providing guidance on the potential strategies being explored. Report by Leng Power, Community Services Manager.

CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(3), 15262, 15306, 15273, and/or 15378.

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

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

9. ADJOURNMENT
Next Meeting: Special Meeting
Date: 8/26/2023 9:00 AM

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 7 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.

3.b

• Established in 1934 with now 25 Million Visits Annually • Largest Regional Park District in the Nation with 73 Parks and Over 125,000 Acres of Open Space
• Over 1,300 Miles of Trails for Hiking, Biking, Horseback Riding, and Nature Learning
• 200 Miles of Regional Trails for Recreation and Transportation • $500 Million Annual Economic Benefit to Region
East Bay Regional Park District

Preserve a rich heritage of natural and cultural resources and provide open space, parks, trails, safe and healthful recreation and environmental education. An environmental ethic guides the District in all of its activities.

Mission

East Bay Regional Park District
• Anthony Chabot
• Antioch/Oakley
• Ardenwood Historic Farm
• Bay Point
• Big Break
• Bishop Ranch
• Black Diamond Mines
• Briones
• Brooks Island
• Browns Island
• Brushy Peak
• Camp Arroyo
• Carquinez Strait
• Castle Rock
• Claremont Canyon
• Contra Loma
• Coyote Hills
• Crockett Hills
• Crown Beach
• Cull Canyon
• Del Valle
• Diablo Foothills
• Don Castro
• Dry Creek Pioneer
• Dublin Hills
• Dumbarton Quarry
Campground on the Bay
• Five Canyons
• Garin
• Hayward Regional
Shoreline
• Huckleberry Botanic
• Judge John Sutter Regional
Shoreline
• Kennedy Grove
• Lake Chabot
• Las Trampas
• Leona Canyon
• Little Hills
• Martin Luther King Jr.
• McLaughlin Eastshore
• Miller/Knox
• Mission Peak
• Morgan Territory
• Ohlone
• Oyster Bay
• Pleasanton Ridge
• Point Isabel
• Point Pinole
• Quarry Lakes
• Radke Martinez
• Redwood
• Roberts
• Round Valley
• San Pablo Bay
• Shadow Cliffs
• Sibley
• Sobrante Ridge
• Sunol
• Sycamore Valley
• Temescal
• Thurgood Marshall
Regional Park –Home of
the Port Chicago 50
• Tilden
• Vargas Plateau
• Vasco Caves
• Waterbird
• Wildcat Canyon
• Alameda Point*
• Byron Vernal Pools*
• Clayton Ranch*
• Deer Valley*
• Delta Access*
• Doolan Canyon*
• Point Molate*
• Rancho Pinole*
• Vasco Hills*
*In Development/Land Banked

Ward 6 Regional Parks and T rails
• Bishop Ranch Open Space
Regional Preserve
• Briones Regional Park
• Byron Vernal Pools
Regional Preserve
• Castle Rock Regional
Recreation Area
• Clayton Ranch Regional
Preserve
• Delta Access Regional
Recreation Area
• Diablo Foothills Regional
Park
• Doolan Canyon Regional
Preserve
• Las Trampas Wilderness
Regional Preserve
• Morgan Territory Regional
Preserve
• Round Valley Regional
Preserve
• Sycamore Valley Open
Space Regional Preserve
• Thurgood Marshall
Regional Park - Home of
the Port Chicago 50
• Vasco Caves Regional
Preserve
• Vasco Hills Regional
Preserve
• Iron Horse Regional Trail
• Contra Costa Canal Trail

• Thurgood Marshall Regional Park
• Briones Pilot Project
• Former Borel Property
• Trails are for Everyone
• Wildfire Safety
What’s New in Regional Parks

Thurgood Marshall Regional Park
– Home of the Port Chicago 50
Thurgood Marshall Regional Park – Home of the Port Chicago 50

Briones Pilot Project
Two-year pilot project to test trail management strategies.

Briones Pilot Project
Restoration of illegally built “Bootleg" trails a key component of the pilot project.

Former Borel Property

• text
Trail User Safety & Education

Wildfire Safety
Wildfire Protection is a Y ear-Round Effort

How to Get Involved
ebparks.org/get-involved | regionalparksfoundation.org

John Mercurio
Ward 6 Board Director
East Bay Regional Park District
[email protected]
Visit us at ebparks.org.

Questions

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, AUGUST 8, 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, August 8, 2023, with Mayor Hoffmeister presiding. The pledge of allegiance was led by Vice Mayor Birsan. 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; Patti Barsotti, City Treasurer; Joelle Fockler, City Clerk; Stefanie Ananthan, Deputy City Clerk; Monique Robinson, Administrative Secretary; Greg Taylor, Director of Information Technology; Mark Bustillos, Police Chief; James Nakayama, Police Captain; Kevin Marstall, Director of Community Development; William Tarbox, Director of Public Works; Guy Bjerke, Economic Development and Base Reuse; Karan Reid, Director of Finance; Ryan Pursley, Chief Building Official; Sam Staten, Police Lieutenant; Carlton Thompson, City Engineer; Bernard Enrile, CIP Manager; Abhishek Parikh, Deputy Director Public Works – Transportation; Deyuanne Lei, Associate Civil Engineer

MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Ty Hudson, Unite Here Local 2; Shelia Shallop and Dee Sharff; Erik Owens, Concord; Ady Olvera, Concord; Robert Prinz, Advocacy Director for Bike East Bay; Anonymous; Cora Mitchell, Concord; Tim Carr, Concord

PUBLIC COMMENT PERIOD
Ty Hudson, Unite Here Local 2, stated that the Council should make Brookfield Properties, a potential Master Developer for the Concord Naval Weapons Station, do better work than they have done on other projects.

Sheila Shallop and Dee Sharff spoke of their desire to establish their business in the Salvio Pacheco Square area, and about promoting health and wellness within the City of Concord.

The following people spoke about the importance of bicycle and pedestrian safety, and increasing safety by adding more roadway protections:

Erik Owens, Concord
Ady Olvera, Concord
Robert Prinz, Advocacy Director for Bike East Bay
Anonymous

4.a

City Council Minutes August 8, 2023
2 PRESENTATION
MAYOR’S CUP GOLF TOURNAMENT
Mayor Hoffmeister presented the proceeds from the Mayor’s Cup Golf Tournament held May 19, 2023, to the Concord Ambassadors (received by Mike Pastrick and Mary Rae Lehman), and The First Tee Contra Costa Youth Golf Program (received by Jamie Maddox).

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

ANNOUNCEMENT
RECRUITMENT FOR ONE (1) OPENING FOR THE CITY OF CONCORD’S REPRESENTATIVE ON THE CONTRA COSTA TRANSPORTATION AUTHORITY – CITIZEN’S ADVISORY COMMITTEE City Clerk Joelle Fockler announced one (1) opening for the City of Concord’s Representative on the Contra Costa Transportation Authority – Citizen’s Advisory Committee, and setting a deadline of Friday, September 8, 2023, at 5 p.m. as the deadline for receipt of applications by the City Clerk.

CITY COUNCIL/CITY COUNCIL SITTING AS THE LOCAL REUSE AUTHORITY CONSENT CALENDAR Mayor Hoffmeister opened a public comment period, and upon receiving no public comment, closed the public comment period.

CITY COUNCIL CONSENT CALENDAR
APPROVAL OF MINUTES – June 13 and 27, 2023
A motion was made by Aliano and seconded by Obringer to approve the minutes from the June 13 and 27, 2023 regular meetings. The motion passed by unanimous vote of the Council.

TREASURER’S REPORT – April 1 – June 30, 2023
A motion was made by Aliano and seconded by Obringer to receive the Treasurer’s Report for the period April 1 – June 30, 2023. The motion passed by unanimous vote of the Council.

ACCEPTANCE AND APPROPRIATION OF GRANT FUNDS – California Automated Permit Processing (CalAPP) Program
A motion was made by Aliano and seconded by Obringer to accept and appropriate $80,000 in California Automated Permit Processing (CalAPP) Program grant funds from the California Energy Commission to implement online automated instant Solar Photovoltaic building permits. The motion passed by unanimous vote of the Council.

AWARD OF A CONSTRUCTION CONTRACT – VS Electric for the Police Department Generator and Transfer Switch Replacement Project (Project No. 2653)
A motion was made by Aliano and seconded by Obringer to award a Construction Contract in the not-to-exceed amount of $400,885.20 (base agreement of $334,071 plus staff authority to spend up to a 20% contingency of $66,814.20) to VS Electric for the Police Department Generator and Transfer Switch Replacement Project (Project No. 2653) for the purchase of equipment and installation of emergency back-up generator and associated automatic transfer switch; and authorize the Mayor to execute the contract in a form acceptable to the City Attorney, and make the CEQA determinations as provided in the staff report. The motion passed by unanimous vote of the Council.

City Council Minutes August 8, 2023
3 APPOINTMENT OF APPLICANTS – Concord Commission on Aging, Concord Community Services Commission, Concord/Pleasant Hill Health Care District Grant Committee, and Concord Parks, Recreation and Open Space Commission
A motion was made by Aliano and seconded by Obringer to appoint the following applicants:

1. David Afinowicz, Gabriele Orbell, and Johana Segura to the Concord Commission on Aging for four-year terms ending June 30, 2027; Isabel Lara to the Concord Community Services Commission for the remainder of a four-year term ending June 30, 2025; Tim Carr, David Miller, and Paul Wood to the Concord Community Services Commission for four-year terms ending June 30, 2027; and Luz E. Palomera Sierra and Mike Tiktinsky to the Concord/Pleasant Hill Health Care District Grant Committee for four-year terms ending June 30, 2027, as recommended by the Council Committee on Recreation, Cultural Affairs, and Community Services (Aliano/Nakamura); and

2. John Pamer to the Concord Parks, Recreation, and Open Space Commission for the remainder of a four-year term ending June 30, 2025; and Kandi Lancaster and Mark Sinclair to the Concord Parks, Recreation, and Open Space Commission for four-year terms ending June 30, 2027, as recommended by the Council Committee on Youth and Education (Nakamura/Aliano).

The motion passed by unanimous vote of the Council.

ADOPTION OF RESOLUTION NO. 23-58 – Officer Wellness and Mental Health Grant Program A motion was made by Aliano and seconded by Obringer to adopt Resolution No. 23-58 entitled, “A Resolution Accepting and Appropriating Grant Funding from the Board of State and Community Corrections (BSCC) in the Amount of $93,376.99 for the Officer Wellness and Mental Health Grant Program.” The motion passed by unanimous vote of the Council.

APPROVAL OF TWO (2) SEPARATE PROFESSIONAL SERVICES AGREEMENTS – SyTech Solutions and Hines EDM
A motion was made by Aliano and seconded by Obringer to approve two separate Professional Services Agreements, each in the not-to-exceed amount of $100,000 per year, each for a five-year term, with SyTech Solutions and Hines EDM for permit records imaging services, and authorize the City Manager to execute the agreements in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.

INTRODUCTION OF ORDINANCE NO. 23-4 AMENDING CONCORD MUNICIPAL CODE CHAPTERS

15.08 (APPEALS OF THE CITY OF CONCORD CONSTRUCTION CODE), 15.10 (BUILDING CODE),

15.20 (PLUMBING CODE), AND 15.50 (MULTI-FAMILY RENTAL DWELLING UNITS) AND ADOPTION OF RESOLUTION NO. 23-6042.3 AMENDING THE APPEAL TO BOARD OF APPEAL FEE – Board of Appeals
A motion was made by Aliano and seconded by Obringer to introduce Ordinance No. 23-4 entitled, “An Ordinance Amending Concord Municipal Code Chapter 15.08 (Appeals of the City of Concord Construction Code), Chapter 15.10 (Building Code), Chapter 15.20 (Plumbing Code), and Chapter 15.50 (Multi-Family Rental Dwelling Units)” by reading of the title only and waiving further reading. The motion passed by unanimous vote of the Council.

A motion was made by Aliano and seconded by Obringer to adopt Resolution No. 23-6042.3 entitled, “A Resolution Amending the Appeal to Board of Appeal Fee by amending Exhibit A to Resolution No. 78-6042 (Establishing Fees and Charges for Various Municipal Services in the City of Concord.” The motion passed by unanimous vote of the Council.

City Council Minutes August 8, 2023
4 CITY COUNCIL/LOCAL REUSE AUTHORITY CONSENT CALENDAR
AWARD OF A CONTRACT – Guardian Security Agency
This item was pulled from consideration on the Consent Calendar.

Director of Economic Development and Base Reuse Guy Bjerke provided a summary of the staff report and explained the elements of the proposed contract for security guard services at the former Concord Naval Weapons Station to Guardian Security Agency.

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

Following discussion by the City Council, staff was directed to add information about users and costs on the Concord Naval Weapons Station Project website – updating as appropriate, and a motion was made by Aliano and seconded by Obringer to award a contract for security guard services at the former Concord Naval Weapons Station to Guardian Security Agency, in the not-to-exceed amount of $422,000 (consisting of $400,000 based on the estimated need for services which includes temporary 24/7 security, plus an additional $22,000 should the City require additional services) for the initial term to June 30, 2024, with the option to extend the contract two (2) additional one (1) year periods in the not-to- exceed amount of $422,000 for each extension term (up to a total amount of $1,266,000); and authorize the City Manager to execute the contract in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.

RESPONSE TO CONTRA COSTA GRAND JURY REPORT NO. 2305 – Concord Naval Weapons Station “A Promise Unfulfilled”
This item was pulled from consideration on the Consent Calendar.

Director of Economic Development and Base Reuse Guy Bjerke provided a summary of the staff report, highlighting the six (6) topics addressed in Grand Jury Report No. 2305, Concord Naval Weapons Station “A Promise Unfulfilled.”
Following questions from the City Council, Mayor Hoffmeister opened a public comment period.

Cora Mitchell, Concord, expressed concern regarding information contained in the Grand Jury Report and requested that staff provide a formal presentation on the agenda item at a future Council meeting.

Mayor Hoffmeister closed the public comment period.

Following discussion by the City Council, staff was directed to add a footnote to the 5.a recommendation in the response noting that the Council, acting as the Local Reuse Authority, approved a new security guard contract on August 8, 2023, increasing GoMentum Station’s estimated share of future costs to 90 percent, and a motion was made by Aliano and seconded by Birsan to approve the City/Local Reuse Authority Response to Contra Costa County Grand Jury Report No. 2305, Concord Naval Weapons Station "A Promise Unfulfilled." The motion passed by unanimous vote of the Council.

CITY COUNCIL CONSIDERATION ITEM
ADOPTION OF RESOLUTION NO. 23-59 – One Day at a Time (ODAT) Assistant City Manager Justin Ezell presented the staff report, provided additional information and background about the One Day at a Time (ODAT) program and the request for a one-time appropriation and disbursement of $28,000 through the organization Community Initiatives, to support the ODAT

City Council Minutes August 8, 2023
5 Program for two years, and explained that Council was being requested to adopt a Resolution amending Resolution No. 23-55 authorizing the disbursement of Cannabis Community Benefit Funds.

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

Following discussion by the City Council, a motion was made by Aliano and seconded by Birsan to adopt Resolution No. 23-59 entitled, “A Resolution Amending Resolution No. 23-55 Authorizing the Disbursement of Cannabis Community Benefit Funds, Providing for One-Time Appropriation and Disbursement of $28,000 through the Organization Community Initiatives, to Support the One Day at a Time (ODAT) Program for Two Years ($14,000 per year).” The motion passed by unanimous vote of the Council.

CITY COUNCIL PUBLIC HEARING
INTRODUCTION OF ORDINANCE NO. 23-5 – Councilmember Compensation City Clerk Joelle Fockler presented the staff report, provided background and an overview of previous adjustments to Councilmembers’ compensation, explained SB 329 and the allowable increases to Councilmember compensation under SB 329, and explained that Council was being requested to introduce an Ordinance amending Concord Municipal Code Chapter 2.10 (Officers and Employees), Article II (Compensation), Section 2.10.020 (Councilmembers) increasing Councilmember compensation to $1,900/month to be effective after the November 2024 City Council election by reading of the title only and waiving further reading.

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

Tim Carr, Concord, expressed support of the proposed increase to Councilmember compensation and spoke about the importance of maintaining increases as allowable by State law for current and future Councilmembers.

Ady Olvera, Concord, agreed with Tim Carr’s comments and spoke in support of the proposed increase to Councilmember compensation.

Mayor Hoffmeister closed the public comment period.

Following discussion by the City Council, a motion was made by Birsan and seconded by Aliano to introduce Ordinance No. 23-5 entitled, “An Ordinance Amending Concord Municipal Code Chapter

2.10 (Officers and Employees), Article II (Compensation), Section 2.10.020 (Councilmembers) Increasing Councilmember Compensation to $1,900 per Month, to be Effective After the November 2024 City Council Election” by reading of the title only and waiving further reading. The motion passed by the following vote:

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

CORRESPONDENCE
a. Agenda Item No. 2.a – postcard from Luminous Day Spa b. Agenda Item No. 2.a – Written Public Comment
c. Agenda Item No. 2.a – Benched Written Public Comment d. Agenda Item No. 5.a – Benched Meeting Minutes – June 27, 2023 e. Agenda Item No. 5.f – Officer Wellness and Mental Health Grant Program – Benched Correspondence
f. Agenda Item No. 5.i – Guardian Security Agency Contract – Benched Correspondence g. Agenda Item No. 5.j – Grand Jury Report No. 2305 – Benched Attachment 1 h. Agenda Item No. 5.j – Grand Jury Report No. 2305 – Benched Correspondence

City Council Minutes August 8, 2023
6 COUNCIL REPORTS
Councilmembers shared information on events and activities in which they had participated since the last meeting and commented on items of interest.

Councilmember Obringer asked for and received Council support to direct staff to add an item to the next agenda to consider the City Council’s position in opposition of SB 532.

ADJOURNMENT
By order of the Mayor, the meeting was adjourned on August 8, 2023, at 8:50 p.m.

LAURA M. HOFFMEISTER
MAYOR

JOELLE FOCKLER, MMC

CITY CLERK

Ord. No. 23-4 1
ORDINANCE NO. 23-4

AN ORDINANCE AMENDING CONCORD MUNICIPAL CODE
CHAPTER 15.08 (APPEALS OF THE CITY OF CONCORD
CONSTRUCTION CODE), CHAPTER 15.10 (BUILDING CODE),
CHAPTER 15.20 (PLUMBING CODE), AND CHAPTER 15.50
(MULTI-FAMILY RENTAL DWELLING UNITS)
THE CITY COUNCIL OF THE CITY OF CONCORD DOES ORDAIN AS FOLLOWS:

WHEREAS, the California Building Standards Code provides for an appeals process to a Board of Appeals for decisions, orders, or determinations of the building standards published in the California Building Standard Code; and
WHEREAS, the California Building Standards Code charges every city, county, or city and county to establish a process to hear and decide such appeals which includes the formation of a Board of Appeals; and
WHEREAS, the California Building Standards Code permits every city, county, or city and county to make amendments to the California Building Standards Code.

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

Section 1. Passage of this ordinance is not a project/exempt under Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c)(2), 15061(b)(3), and/or 15378 because the proposed ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment, it can be seen with certainty that there is no possibility for the proposed ordinance to have a significant effect on the environment, and/or the proposed ordinance does not have a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.

Section 2. Concord Municipal Code Chapter 15.08 (Appeals of the City of Concord Construction Code), section 15.08.010 (Establishment of Board of Appeals) and section 15.08.20 (Filing requirements), are hereby amended as set forth in Exhibit A, attached hereto and made a part hereof.

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Ord. No. 23-4 2
Section 3. Concord Municipal Code Chapter 15.10 (Building Code), section 15.10.020 (Appendix Adoption) and Chapter 15.20 (Plumbing Code), section 15.20.020 (Appendix Adoption), are hereby amended as set forth in Exhibit B, attached hereto and made a part hereof.

Section 4. Concord Municipal Code Chapter 15.50 (Multi-Family Rental Dwelling Units), section 15.50.130 (Inspection reports; corrections of violations), is hereby amended as set forth in Exhibit C, attached hereto and made a part hereof.

Section 5. If any section, subsection, clause, or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, or its application to any other person or circumstance. The City Council declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, and phrase thereof, irrespective of the fact that any one or more section, subsection, sentence, clause, or phrase be declared invalid.

Section 6. This Ordinance No. 23-4 shall become effective (30) days following its passage and adoption. In the event a summary of said Ordinance is published in lieu of the entire Ordinance, a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five (5) days prior to its adoption and within fifteen (15) days after its adoption, including the vote of the Councilmembers. Additionally, a summary prepared by the City Attorney’s Office shall be published once at least five (5) days prior to the date of adoption of this Ordinance and once within fifteen (15) days after its passage and adoption, including the vote of the Councilmembers, in the East Bay Times, a newspaper of general circulation in the City of Concord.

Laura M. Hoffmeister
Mayor
ATTEST:

Joelle Fockler, MMC
City Clerk
(Seal)

Ord. No. 23-4 3
Ordinance No. 23-4 was duly and regularly introduced at a regular meeting of the City Council of the City of Concord held on August 8, 2023, and was thereafter duly and regularly passed and adopted at a regular meeting of the City Council of the City of Concord on August 22, 2023, by the following vote:

AYES: Councilmembers -
NOES: Councilmembers -
ABSTAIN: Councilmembers -
ABSENT: Councilmembers -
I HEREBY CERTIFY that the foregoing is a true and correct copy of an ordinance duly and regularly introduced, passed, and adopted by the City Council of the City of Concord, California.

Joelle Fockler, MMC
City Clerk
Attachments: Exhibit A – Amendments to CMC Chapter 15.08 (Appeals of the City of Concord Construction Code) (Redline)
Exhibit B – Amendments to CMC Chapter 15.10 (Building Code) and Chapter 15.20 (Plumbing Code) Appendix Adoptions (Redline)
Exhibit C – Amendments to CMC Chapter 15.40 (Multi-Family Rental Dwelling Units) Correction of Violations (Redline)

Concord Municipal Code
Chapter 15.08 APPEALS OF THE CITY OF CONCORD

CONSTRUCTION CODE

The Concord Municipal Code is current through Ordinance 22-13, passed December 6, 2022.

Exhibit A
Chapter 15.08

APPEALS OF THE CITY OF CONCORD CONSTRUCTION CODE
Sections:

15.08.010 Establishment of Board of Appeals.

15.08.020 Filing requirements.

15.08.030 Scheduling and noticing requirements.

15.08.040 Final decision.

15.08.010 Establishment of Board of Appeals.
(a) General. In order to hear and decide appeals authorized under the City of Concord Construction Code, there shall be and is hereby created a Board of Appeals, which shall constitute the “Local Appeals Board” , “Board of Appeals”, “Housing Appeals Board”, and “Housing Advisory and Appeals Board,” as those terms are defined and used in the California Building Standards Code (the “Board of Appeals”). The Board of Appeals shall be appointed by the City Council and shall hold office at their pleasure but in no event shall serve longer than four years without reappointment by the City Council.consist of three (3) members of the ICC Tri-Chapter Uniform Code Committee (TUCC). The City Council hereby expressly delegates to the Building Official the authority to select such members on a case-by-case basis based on their availability and subject matter expertise.

In appeals of decisions of disabled access, the Board of Appeals shall be composed of five as follows: two members of the appeals board shall be physically handicapped persons, two members shall be persons experienced in construction, and one member shall be a public member. The City Council hereby expressly delegates to the Building Official the authority to select such members on a case-by-case basis based on their availability and subject matter expertise.

To the extent the Board of Appeals cannot be convened, due to member availability as determined by the Building Official on a case-by-case basis, or as otherwise required pursuant to applicable law, the City of Concord City Council shall serve as the Board of Appeals.
(b) Limitation of responsibilities. The responsibilities and authority of the Board of Appeals shall be limited as provided in accordance with state law and the City of Concord Construction Code to orders, decisions, and determinations made by the Building Official relative to the application and interpretation of the non-administrative (technical) requirements of the Concord Construction Code . Specifically, the authority of the Board of Appeals shall not include legal interpretation of the administrative provisions of the City of Concord Construction Code and shall not include authority to grant appeals which waive requirements of state law or the City of Concord Construction Code or grant variances from state law or the City of Concord Construction Code. (c) Reserved.Number. The Board of Appeals shall consist of five members and two alternates appointed by the City Council. The alternates shall be called by the Board chairperson to hear appeals during the absence or disqualification of a member. Alternate members shall possess the qualifications required for Board membership.

The Building Official shall be an ex officio member of the Board of Appeals but shall have no vote on any matter before the Board.
(d) Qualifications. The Board of Appeals shall consist of members who are qualified by experience and training to pass on matters pertaining to the City of Concord Construction Code and are not employees of the city. Appointees shall be qualified in and specifically knowledgeable in the City of Concord Construction Code and applicable local ordinances.
(e) Chairperson. The Board of Appeals shall annually select one of its members to serve as chairperson.

Concord Municipal Code
Chapter 15.08 APPEALS OF THE CITY OF CONCORD

CONSTRUCTION CODE

The Concord Municipal Code is current through Ordinance 22-13, passed December 6, 2022. (f) Disqualification of member. A member shall not hear an appeal in which that member has a personal, professional, or financial interest, or a conflict of interest under the Fair Political Practices Act. A disqualified Board of Appeals member shall declare his or her disqualification to the Building Official, who shall arrange for an alternate member to serve in place of the disqualified member and shall make the disqualification part of the hearing record.
(g) Secretary. The City Manager shall designate a qualified clerk to serve as secretary to the Board of Appeals. The secretary shall file a detailed record of all proceedings in the City Clerk’s office. (h) Compensation of members. Members of the Board of Appeals shall serve without compensation. (i) Quorum. A quorum shall consist of three members and/or alternates. (j) Open hearing. The Board of Appeals shall have no regular meetings; all meetings shall be special meetings noticed pursuant to California Government Code Section 54956. All hearings before the Board of Appeals shall be open to the public. The appellant, the appellant’s representative, the Building Official, and any person whose interests are affected shall be given an opportunity to be heard. (k) Hearing procedure. The hearing shall be informal and shall not require compliance with the rules of evidence.

At the hearing, the Board of Appeals shall hear and consider all relevant evidence. (l) Postponed hearing. Continuances of the hearing may be granted by the City Manager on request of the appellant or the appellant’s representative for good cause shown, or on the City Manager’s own motion. (m) Board decision. The Board of Appeals shall decide the appeal by a majority vote of the members present. (Ord. No. 16-7, § 3)

15.08.020 Filing requirements.
(a) Form of appeal. Any person may appeal as provided by the City of Concord Construction Code. Where not specifically stated in the City of Concord Construction Code,initiate filing an appeal may be initiated by filing at the City Clerk’s office a written appeal containing the following:
(1) A heading in the words: “Before the Board of Appeals of the City of Concord.” (2) A caption reading: “Appeals of _____________,” giving the names of all appellants participating in the appeal.
(3) A brief statement setting forth the legal interest of each of the appellants in the building or the land involved in the notice, order, determination, or action.
(4) A brief statement in ordinary and concise language of the specific order or action protested, together with any material facts claimed to support the contentions of the appellant. (5) A brief statement in ordinary and concise language of the relief sought and the reasons why it is claimed the protested order or action should be reversed, modified or otherwise set aside. (6) The signatures of all parties named as appellants and their mailing addresses. (7) The verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal.
(b) Filing of an appeal. Unless a different filing deadline is required by law or by the City of Concord Construction Code, the appeal shall be filed within 10 days from notice of the action subject to the appeal; provided, however, that if the building or structure is in such condition as to make it immediately dangerous to life, limb, property, or safety of the public or adjacent property and is ordered vacated and is posted as such, such appeal shall be filed within three days from the date of the service of the notice and order of the Building Official.

Concord Municipal Code
Chapter 15.08 APPEALS OF THE CITY OF CONCORD

CONSTRUCTION CODE

The Concord Municipal Code is current through Ordinance 22-13, passed December 6, 2022. (c) Application fee. A nonrefundable application fee, as set forth in the City Council adopted fees and charges, shall be submitted with the initial request for appeal.
(Ord. No. 16-7, § 3)

15.08.030 Scheduling and noticing requirements.
(a) Scheduling and noticing appeal for hearing. As soon as practicable after receiving the written appeal, the City Clerk shall fix a date, time, and place for the hearing of the appeal by the Board of Appeals. Unless a different date and time is required by law or by the City of Concord Construction Code, such date will be not less than 10 days and not more than 60 days from the date the appeal was filed with the Building Official. Written notice of the time and place of the hearing shall be given at least 10 days prior to the date of the hearing either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at the address shown on the appeal.
(b) Effect of failure to appeal. Failure of any person to file an appeal in accordance with the provisions of this chapter shall constitute a waiver of the right to an administrative hearing and a failure to exhaust administrative remedies.
(c) Scope of hearing on appeal. Only those matters or issues specifically raised by the appellant shall be considered in the hearing of the appeal.
(d) Staying of order under appeal. Except for vacation orders or as otherwise provided in the City of Concord Construction Code or otherwise by law, enforcement of any notice or order of the Building Official issued under this code shall be stayed during the pendency of the appeal that is properly and timely filed. (Ord. No. 16-7, § 3)

15.08.040 Final decision.
(a) Decision. The decision of the Board of Appeals shall be in writing and include any material factual determinations and the reason(s) for the decision. The decision shall be final and effective immediately upon its adoption by the Board. A copy of the decision shall be mailed to the appellant and to the Building Official.

Decisions of the Board are not appealable to the City Council. (Ord. No. 16-7, § 3)

Concord Municipal Code Page 1/1
The Concord Municipal Code is current through Ordinance 22-13, passed December 6, 2022.

Exhibit B

5.10.020 Appendix adoption.

Appendixces C (Group U – Agricultural Buildings) and I (Patio Covers) of the California Building Code isare hereby adopted. All remaining appendices are not adopted. (Code 2002, § 14-92. Ord. No. 13-8, § 4; Ord. No. 16-7, § 4; Ord. No. 19-6, § 3; Ord. No. 22-13, § 1)

15.20.020 Appendix adoption.

Appendices A, B, D, H, and I, and K of the California Plumbing Code are hereby adopted. All remaining appendices are not adopted.
(Code 2002, § 14-212. Ord. No. 13-8, § 6; Ord. No. 16-7, § 6; Ord. No. 19-6, § 5; Ord. No. 22-13 § 3)

Concord Municipal Code Page 1/1
The Concord Municipal Code is current through Ordinance 22-13, passed December 6, 2022.

Exhibit C

15.50.130 Inspection reports; corrections of violations. (a)
(b)
(c)
(d)
(e)
(f)
(g)
Report of inspection. Upon completion of the property inspection the inspector may leave written notice of results of the inspection with the owner and/or representative. In the event that the property owner and/or his or her representative refuse to accept the written notice of results of the inspection, the inspector may post such notice on the property. The notice shall contain an itemization of any violation(s) and set forth a period of time for correction ranging from 24 hours up to 120 days at the discretion of the inspector based on the risk to human health and life- safety. The city may extend the time for correction upon a showing by the property owner that additional time is needed.

Notice and order to correct violation. Whenever the inspector determines that a violation of this code exists, the inspector shall give notice of violation and order to correct to the owner. The notice shall be in writing and shall describe with reasonable detail the violation so that the owner has the opportunity to correct said violation.

Time for correction. The notice and order shall provide a reasonable time, ranging from 24 hours up to 120 days at the discretion of the inspector based on the risk to human health and life-safety, to correct or otherwise remedy the violation. In determining what is a reasonable time, the city may consider the estimate of local professionals including licensed contractors. The city may extend the time for correction upon a showing by the property owner that additional time is needed.

Service of notice and order. Notice shall be served personally to the owner or by mailing a copy of the notice by certified mail, return receipt requested, to the owner at the address shown on county records. Service of such notice shall be effective on the date the notice is mailed.

Formal notice of noncompliance. Upon completion of the reinspection, a formal notice of noncompliance documenting any uncorrected violations shall be mailed to the property owner within 10 days of the completion of the reinspection. The notice of noncompliance shall be filed in the office of the county recorder, along with a certificate describing the property and certifying that the building is substandard and the owner has been so notified.

Building permits. Building permits for the correction of violations shall be as required by the Municipal Code.

Reinspections. Reinspections will be conducted to verify that the violations identified on the initial inspection have been corrected. Violations that were not noted on the initial inspection report, but are discovered on the reinspection due to subsequent damage or deterioration, shall be subject to correction. (Code 1965, § 9828; Code 2002, § 14-402. Ord. No. 00-2; Ord. No. 06-5; Ord. No. 16-8, § 1 (Exh. A))

Ord. No. 23-5 1
ORDINANCE NO. 23-5
AN ORDINANCE AMENDING CONCORD MUNICIPAL CODE CHAPTER 2.10 (OFFICERS AND EMPLOYEES), ARTICLE II (COMPENSATION), SECTION 2.10.020 (COUNCILMEMBERS) INCREASING COUNCILMEMBER COMPENSATION TO $1,900 PER MONTH, TO BE EFFECTIVE AFTER THE NOVEMBER 2024 CITY COUNCIL

ELECTION
WHEREAS, Government Code section 36516 provides that a City Council may enact an ordinance setting the salary for each member of the City Council, the amount of which shall be based upon population; and
WHEREAS, the City Council adopted Ordinance No. 06-13 on November 28, 2006, effective following the November 2008 election, setting City Council compensation at $1,300 per month; and WHEREAS, the City Council adopted Ordinance No. 18-4 on June 12, 2018, effective after the November 2018 election, setting City Council compensation at $1,352 per month; and WHEREAS, the City Council adopted Ordinance No. 22-2 on March 22, 2022, effective after the November 2022 election, setting City Council compensation at $1,433.12 per month; and WHEREAS, Concord Municipal Code 2.10 (Officers and Employees), Article II (Compensation), Section 2.10.020 (Councilmembers) provides that each City Councilmember shall receive a salary of $1,433.12 per month; and
WHEREAS, Senate Bill 329 (Dodd) (“SB 329”) was recently passed, making changes to the amount of compensation certain city council members may receive. According to the author’s statement in the April 24, 2023 Assembly Floor Analysis, “[t]he Legislature has not raised the base pay amounts for City Councilmembers since 1984,” and the increases authorized by SB 329 are designed to address recent inflationary increases and economic realities, “enable city councilmembers to balance their careers and personal obligations with the calling to serve their community,” and “also make it easier for members of marginalized communities to serve;” and WHEREAS, Government Code section 36516(a)(1) provides that a city council may enact an ordinance providing that each member of the city council shall receive a salary based on the population of the city; and

4.c

Ord. No. 23-5 2
WHEREAS, Government Code section 36516(a)(2)(D) provides that in cities over 75,000 up to and including 150,000 in population, the salary approved by ordinance shall be up to and including one thousand nine hundred dollars ($1,900) per month.

WHEREAS, the Concord City Council desires to increase Councilmember compensation by from $1,433.12 per month to $1,900 per month; and
WHEREAS, California Government Code section 36516.5 prohibits any change in compensation until one councilmember commences a new term of office; and WHEREAS, the next general municipal election is to be held November 5, 2024.

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

Section 1. Concord Municipal Code 2.10 (Officers and Employees), Article II (Compensation), Section 2.10.020 (Councilmembers) is hereby amended to read as follows:

Each City Councilmember shall receive compensation of $1,900 per month for services to the City as a Councilmember.

Section 2. The compensation rates shall go into effect for all City Councilmembers, pursuant to Government Code section 36516.5, when one or more members of the City Council become eligible for a salary increase by virtue of that member beginning a new term of office following the November 5, 2024, general municipal election.
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Ord. No. 23-5 3
Section 3. In the event a summary of said ordinance is published in lieu of the entire ordinance, a certified copy of the full text of this ordinance shall be posted in the office of the City Clerk at least five (5) days prior to its adoption and within fifteen (15) days after its adoption, including the vote of the Councilmembers. Additionally, a summary prepared by the City Attorney’s Office shall be published once at least five (5) days prior to the date of adoption of this Ordinance and once within fifteen (15) days after its passage and adoption, including the vote of the Councilmembers, in the East Bay Times, a newspaper of general circulation in the City of Concord.

Laura M. Hoffmeister
Mayor
ATTEST:

Joelle Fockler, MMC
City Clerk
(Seal)
Ordinance No. 23-5 was duly and regularly introduced at a regular meeting of the City Council of the City of Concord held on August 8, 2023, and was thereafter duly and regularly passed and adopted at a regular meeting of the City Council of the City of Concord on August 22, 2023, by the following vote:

AYES: Councilmembers -
NOES: Councilmembers -
ABSTAIN: Councilmembers -
ABSENT: Councilmembers -
I HEREBY CERTIFY that the foregoing is a true and correct copy of an ordinance duly and regularly introduced, passed, and adopted by the City Council of the City of Concord, California.

Joelle Fockler, MMC
City Clerk

Staff Report
Date: August 22, 2023
To: City Council
From: Valerie J. Barone, City Manager
Prepared by: Justin Ezell, Assistant City Manager
[email protected]
(925) 671-3155
Subject: Considering authorizing the Mayor to send a letter that opposes Senate Bill 532, which if signed by the Governor, would increase seven state-owned San Francisco Bay Area bridge tolls by $1.50.

Report in Brief
Senate Bill 532 would, until December 31, 2028, require the Bay Area Toll Authority (BATA) to increase the toll rate for vehicles crossing the state-owned toll bridges in the San Francisco Bay area by $1.50. The revenue from this raise will largely be borne by toll payers in Contra Costa, Alameda, and Solano counties, which make up 59% of all toll payers on Bay Area bridges. The Bay Area Council has asked the City to take an oppose position. The Council asked for this item to be agendized for the Council to consider opposing the bill.

Recommended Action
Authorize the Mayor to send a letter that opposes Senate Bill 532 (Attachment 1).

Background
Existing law creates the MTC as a regional agency in the 9-county San Francisco Bay area with comprehensive regional transportation planning and other related responsibilities. Existing law creates BATA as a separate entity governed by the same governing board as MTC and makes BATA responsible for the administration of toll revenues from the state-owned toll bridges in the San Francisco Bay area. Existing law requires the Department of Transportation to collect tolls on these state-owned toll bridges. Existing law requires those toll revenues to be deposited in the Bay Area Toll Account and requires BATA to control and maintain that account, as specified.

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City Council Agenda Report
Agenda Item No. 4.d
August 22, 2023
SB 532 requires the Bay Area Toll Authority (BATA) to increase by $1.50 the toll for each of the seven state-owned toll bridges in the San Francisco Bay Area and continuously appropriates toll revenues to MTC, including revenues from the toll increase for allocation to transit operators in the region that are experiencing a financial shortfall.

The toll increase that is authorized by this bill would be required to be adjusted annually based on the California Consumer Price Index and would be in effect until December 31, 2028. The tolls are overwhelmingly paid for by non-San Francisco residents, including Concord residents, but the funds would inequitably go to largely fund Muni and BART operations into San Francisco which may not serve the toll payers’ commute corridors. Many of Concord’s bridge-crossing drivers cannot work from home nor reasonably take transit, and the cost of providing transit to them would be prohibitively expensive.

SB 532 additionally requires MTC to annually distribute at least 90% of the revenues to operators after it determines that the funds are necessary to avoid service cuts relative to service levels provided by the transit operator during the 2022-23 fiscal year. The measure also allows MTC to distribute up to 10% of the revenues for the funding of initiatives to transform transit service pursuant to MTC’s Transit Transformation Action Plan, or to make specific safety, reliability, or cleanliness improvements.

Analysis
According to the author of SB 532, “Bay Area public transportation systems face ongoing risks from budget shortfalls resulting from pandemic ridership reductions, inflation, and the exhaustion of pandemic emergency federal relief funds. While temporary state relief to address the nearest-term funding shortfalls from these financial pressures is incredibly important, it does not come close to addressing the full regional shortfall. Agencies will exhaust current funding before the region can identify and enact long-term funding solutions. The resulting shortfalls will force drastic service cuts that will irreparably damage the Bay Area’s transit network, deeply harming low-income transit riders and undermining California’s ability to meet its climate goals. SB 532 is critical to ensure Bay Area public transportation systems avert these service cuts and improve cleanliness, reliability, and safety by investing in reforms.” Over 200 transit operators in California, including cities, counties, independent special districts, transportation planning agencies, private nonprofit organizations, universities, and tribes provide a wide variety of transit services. Prior to COVID-19, nationwide, based on data from the American Public Transit Association (APTA), transit ridership for both light rail and buses had declined to levels seen in 2012 for light rail, and ridership for buses had dropped to the levels of the early 1990s. California (except for the Bay Area which had flat ridership levels) experienced similar declines.

City Council Agenda Report
Agenda Item No. 4.d
August 22, 2023
With the onset of the COVID-19 pandemic, during the first half of 2020, transit ridership plunged from 50% to as much as 94%. In efforts to stave off financial losses from declining transit ridership, the federal government provided relief for transit operators across the country. In March of 2020, Congress passed, and the President signed the Coronavirus Aid, Relief and Economic Security (CARES) Act, which provided $25 billion in relief to transit agencies. The Coronavirus Response and Relief Supplemental Appropriations Act of 2021 added an additional $14 billion in transit relief. The American Rescue Plan in March of 2021 provided an additional $30.5 billion.

Transit ridership has improved since 2020, however it is still far below January 2020 levels. In January of 2021, transit ridership nationally was at 48% of what it was prior to the pandemic. By the start of 2023, national ridership has returned to 73% of where it was pre-pandemic. The Pacific region of the United States has seen a smaller return to transit ridership than national trends, with ridership hovering at 67% of where it was pre pandemic.

Supporters of SB 532 include: Alameda County Transportation Commission, Alameda Contra Costa Transit District, California State Council of Service Employees International Union (SEIU California), California YIMBY, City of Berkeley, City of Oakland Mayor Sheng Thao, Common Ground California, East Bay YIMBY, Grow the Richmond, Housing Action Coalition, How to ADU, Mountain View YIMBY, Napa-Solano for Everyone, Natural Resources Defense Council (NRDC), Northern Neighbors, Peninsula for Everyone, Progress Noe Valley, San Francisco Bay Area Rapid Transit District (BART), San Francisco YIMBY, Santa Cruz YIMBY, Santa Rosa YIMBY, Seamless Bay Area, Sonoma County Climate Activist Network, Spur, Streets for People Bay Area, SV@Home Action Fund, Transform, Urban Environmentalists, and YIMBY Action.

Opposition
Writing in opposition, the Bay Area Council writes “Bay Area residents’ ability to pay for improvements is not limitless, and they deserve a more cost-effective, efficient, seamless, and in some cases safer transit system. You have called for that, the Governor has called for that, the Budget Chairs have called for that, the Bay Area Caucus has called for that, and the Bay Area Council has pushed hard for that. We appreciate that some accountability measures were included in the budget deal. Before we can support new taxes, tolls or fees to support transit, we need to see the agencies do the hard work to make their systems safer, most cost effective and more seamless.

This is work that needs to be done now, at a very fast pace. While we acknowledge this work by the agencies will be painful and complex, we have been exceptionally frustrated with the stubbornness to change and adapt.”
Additional concerns have been expressed that this legislation does not contain provisions that would require local agencies to take steps to ensure that their operations are maximizing local efficiencies and maintain strong fiscal oversight. The author has

City Council Agenda Report
Agenda Item No. 4.d
August 22, 2023
not yet indicated an intention to include provisions within the bill to require additional fiscal oversight as it is related to the proposed toll revenue, or other additional state/federal funding to assist with operational expenses.

Financial Impact
There are no fiscal impacts associated with the writing of this letter on the City of Concord. There would be financial impacts to Concord residents that commute by car over toll roads.

Public Contact
The City Council Agenda was posted.

Attachments

1. Letter of opposition

2. SB 532 bill text

3. Email from Bay Area Council requesting City opposed SB 532

4. East Bay Times Editorial from August 10, 2023

August 22, 2023
The Honorable Scott Wiener
California State Senate
1021 O Street, Suite 8620
Sacramento, CA 95814
RE: OPPOSE SB 532 (Wiener): Safe, Clean & Reliable Public Transportation Emergency Act Dear Senator Wiener,
On behalf of the City of Concord, I write in respectful opposition to your Senate Bill 532, which would temporarily raise bridge tolls by $1.50 on state-owned bridges in the Bay Area from 2024 to 2028. This increase is on top of the $1 increase already scheduled to take effect in January 2025, and would be the fourth increase of toll prices on these bridges in 6 years if all planned increases are also implemented.

The revenue from this raise will largely be borne by toll payers in Contra Costa, Alameda, and Solano counties, which make up 59% of all toll payers on Bay Area bridges. Many of our community members are already struggling with the high cost of living in the Bay Area, and this toll hike may contribute to forcing more residents to leave the region.

The City of Concord is aware that the onset of the COVID-19 pandemic in 2020 caused a steep decline in public transit ridership and revenue and that the continued support of transit operations is vital for our Bay Area communities. However, we are aware that the federal and state governments have provided massive cash injections to support the continuance of services.

For instance, the federal government provided $4.4 billion of emergency relief funds to Bay Area transit operators, which allowed agencies to continue to deliver transit services over the past three years. Further, in the Fiscal Year 2023 enacted State Budget, the Governor’s Administration and the Legislature provided $5.1 billion of transit capital and operating funding – including $1.1 billion of new funding –to give transit agencies across the state more time to recover ridership and make adjustments to adapt to post-pandemic travel patterns. The entire $5.1 billion was made flexible to be used to cover operating shortfalls, and all together, allows transit to avoid any fiscal cliffs until 2027.

The underlying truth is that bridge tolls are already high and are set to be raised again in 2025 for Regional Measure 3. The tolls are overwhelmingly paid for by non-San Francisco residents, but the funds would inequitably go to largely fund Muni and BART operations into San Francisco which may Attachment 1

not serve the toll payers’ commute corridors. The pandemic created a major bifurcation in the Bay Area between those with the luxury to work remotely and those that cannot. Many of these bridge- crossing drivers cannot work from home nor reasonably take transit, and the cost of providing transit to them would be prohibitively expensive.

While we understand the intention behind SB 532, this measure is a gut and amend bill that would bypass the voters to levy a bridge toll increase on the commuters who can least afford it. It could undermine the region’s ability to raise transit revenue at the ballot going forward. The Bay Area should wait to see how transit agencies use the state budget relief funding to improve their services to respond to rider concerns and then the region can reevaluate new revenue options next year.

The City of Concord believes that any future measure finding ways to financially support transit operations should be focused on equity for low-income workers.

For these reasons, the City of Concord respectfully opposes SB 532.

Please feel free to contact me at [email protected].

Sincerely,
Mayor Laura Hoffmeister, City of Concord
Copy: The Honorable Robert Rivas, Speaker, California State Assembly The Honorable Toni Atkins, President Pro Tempore, California State Senate The Honorable Steven Glazer, California State Senate
The Honorable Member Tim Grayson, California State Assembly Members of the Bay Area Legislative Caucus
Concord City Council
Valerie Barone, City Manager
Joelle Fockler, City Clerk
Niccolo De Luca, Townsend Public Affairs

8/9/23, 10:26 AM Bill Text - SB-532 San Francisco Bay area toll bridges: tolls: transit operating expenses. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240SB532 1/8 SHARE THIS:

Date Published: 06/30/2023 04:00 AM
SENATE BILL NO. 532
SB-532 San Francisco Bay area toll bridges: tolls: transit operating expenses. (2023-2024) AMENDED IN ASSEMBLY JUNE 29, 2023
AMENDED IN ASSEMBLY JUNE 22, 2023
AMENDED IN SENATE MAY 18, 2023
AMENDED IN SENATE APRIL 25, 2023
AMENDED IN SENATE APRIL 13, 2023
AMENDED IN SENATE MARCH 30, 2023
CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION
Introduced by Senator Wiener
(Principal coauthors: Senators Becker and Cortese)
Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites Attachment 2

8/9/23, 10:26 AM Bill Text - SB-532 San Francisco Bay area toll bridges: tolls: transit operating expenses. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240SB532 2/8 (Principal coauthors: Assembly Members Bonta, Haney, Lee, Ting, and Wicks) February 14, 2023
An act to amend Sections 30911, 30916, and 30920 of, and to add Section 30914.8 to, the Streets and Highways Code, and to amend Section 40258 of Vehicle Code, relating to transportation, and making an appropriation therefor.

LEGISLATIVE COUNSEL'S DIGEST
SB 532, as amended, Wiener. San Francisco Bay area toll bridges: toll increase: tolls: transit operating expenses.

Existing law creates the Metropolitan Transportation Commission (MTC) as a regional agency in the 9-county San Francisco Bay area with comprehensive regional transportation planning and other related responsibilities.

Existing law creates the Bay Area Toll Authority (BATA) as a separate entity governed by the same governing board as MTC and makes BATA responsible for the administration of toll revenues from the state-owned toll bridges in the San Francisco Bay area. Existing law requires the Department of Transportation to collect tolls on these state-owned toll bridges. Existing law requires those toll revenues to be deposited in the Bay Area Toll Account and requires BATA to control and maintain that account, as specified.

This bill would, until December 31, 2028, require BATA to increase the toll rate for vehicles for crossing the state- owned toll bridges in the San Francisco Bay area by $1.50, as adjusted for inflation. The bill would require the revenues collected from this toll to be deposited in the Bay Area Toll Account, would continuously appropriate moneys from this toll increase and other specified tolls, and would require moneys from this toll to be transferred to MTC for allocation to transit operators that provide service within the San Francisco Bay area and that are experiencing a financial shortfall, as specified. The bill would direct MTC to require each transit operator eligible to receive an allocation from the account to, on an annual basis, submit a 5-year projection of its operating needs, as specified.

To the extent this bill would mandate that MTC or a transit operator provide a new program or higher level of service, the bill would impose a state-mandated local program.

8/9/23, 10:26 AM Bill Text - SB-532 San Francisco Bay area toll bridges: tolls: transit operating expenses. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240SB532 3/8 Existing law, beginning July 1, 2024, prohibits a schedule of toll evasion penalties for a toll evasion violation on a toll bridge from exceeding $25 for the notice of toll evasion violation and $50 for the notice of delinquent toll evasion violation, as specified.

This bill, beginning July 1, 2024, would decrease the maximum amount of penalties that can be included in a schedule of toll evasion penalties for a toll evasion violation on a San Francisco Bay area state-owned toll bridge to instead be $5 for the notice of toll evasion violation and $10 for the notice of delinquent toll evasion violation, as specified.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Vote: 2/3
Appropriation: yes Fiscal Committee: yes Local Program: yes THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. This act shall be known, and may be cited, as the Safe, Clean, and Reliable Bay Area Public Transportation Emergency Act.

SEC. 2. It is the intent of the Legislature to enact future legislation to require the Metropolitan Transportation Commission to study, design, and implement an equity-based program to mitigate the impacts of the $1.50 toll increase required by this act within two years of the effective date of this act. It is the intent of the Legislature that the commission would establish the equity-based program in a manner that is operationally feasible, financially practicable, and effective, and that the commission would consider including discounts, toll caps, and toll exemptions as part of the program.

SEC. 2.

SEC. 3. Section 30911 of the Streets and Highways Code is amended to read:
30911. (a) The authority shall control and maintain the Bay Area Toll Account and other subaccounts it deems necessary and appropriate to document toll revenue and operating expenditures in accordance with generally accepted accounting principles.

8/9/23, 10:26 AM Bill Text - SB-532 San Francisco Bay area toll bridges: tolls: transit operating expenses. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240SB532 4/8 (b) (1) After providing for expenditures pursuant to subdivision (a) of Section 30912 and for operating assistance pursuant to subdivision (d) of Section 30914 and subdivision (c) of Section 30914.7 and after the requirements of any bond resolution or indenture of the authority for any outstanding revenue bonds have been met, the authority shall transfer on a regularly scheduled basis as set forth in the authority’s annual budget resolution, the revenues defined in subdivision (b) of Section 30913 and Sections 30914, 30914.7, and 30914.8 to the commission. The funds transferred are continuously appropriated to the commission to expend for the purposes specified in subdivision (b) of Section 30913 and Sections 30914, 30914.7, and 30914.8. After the commission makes a determination that the projects and programs funded by the commission have been completed, the revenues transferred to the commission shall be expended by the commission for supplemental funding for the projects and programs identified in subdivision (a) of Section 30914.7 if the voters approve a toll increase authorized pursuant to Section 30923.
(2) For purposes of paragraph (1), the revenues defined in subdivision (b) of Section 30913 and subdivision (a) of Section 30914 include all revenues accruing since January 1, 1989.

SEC. 3.SEC. 4. Section 30914.8 is added to the Streets and Highways Code, to read:
30914.8. (a) The Metropolitan Transportation Commission shall, from proceeds of the toll imposed pursuant to subdivision (f) of Section 30916 and transferred pursuant to Section 30911, provide funding to transit operators that provide service within the commission’s geographic jurisdiction and that are experiencing a financial shortfall. A transit operator shall only be eligible to receive an allocation pursuant to this section if it operates fixed-route public transit services
services, including by bus, rail, or ferry, within the commission’s geographic jurisdiction and does not directly receive the majority of its revenues from the Golden Gate Bridge, Highway, and Transportation District.
(b) The commission shall annually distribute at least 90 percent of the revenues described in subdivision (a) to eligible transit operators in order to avoid service cuts and maintain operations, including safety, security, reliability, or cleanliness services and improvements. The commission may only allocate funds pursuant to this subdivision to a transit operator after it makes a determination that the funds are necessary to avoid service cuts relative to service levels provided by that transit operator during 2022–23 fiscal year. In providing allocations pursuant to this subdivision, the commission shall prioritize averting service cuts for transit operators that serve the highest number of transit riders. The commission shall also take into consideration the extent of local funding to support transit service and may also consider operator fares and other sources of revenue.

8/9/23, 10:26 AM Bill Text - SB-532 San Francisco Bay area toll bridges: tolls: transit operating expenses. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240SB532 5/8 (c) The commission shall annually distribute no more than 10 percent of the revenues described in subdivision (a) to assist eligible transit operators with restoring or reconfiguring service above levels provided during the 2022–23 fiscal year or for the purpose of funding initiatives to transform transit service pursuant to the commission’s adopted Transit Transformation Action Plan, or to make specific safety, security, reliability, or cleanliness improvements.
(d) The commission shall require each transit operator eligible to receive an allocation pursuant to this section to, on an annual basis, submit a five-year projection of its operating needs. This projection of operating needs shall be based on standardized assumptions and guidance developed by the commission in collaboration with transit operators. The commission may reasonably audit, request revision to, or directly amend operating needs projections if appropriate or necessary to ensure consistency of assumptions and fairness across transit operators.

SEC. 4.

SEC. 5. Section 30916 of the Streets and Highways Code is amended to read:
30916. (a) The base toll rate for vehicles crossing the state-owned toll bridges within the geographic jurisdiction of the commission as of January 1, 2003, is as follows:

Number of Axles Toll
Two axles $ 1.00
Three axles 3.00
Four axles 5.25
Five axles 8.25
Six axles 9.00
Seven axles & more 10.50
(b) If the voters approve a toll increase, pursuant to Section 30921, commencing July 1, 2004, the base toll rate for vehicles crossing the bridges described in subdivision (a) is as follows:

Number of axles Toll
Two axles $ 2.00

8/9/23, 10:26 AM Bill Text - SB-532 San Francisco Bay area toll bridges: tolls: transit operating expenses. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240SB532 6/8 Three axles 4.00
Four axles 6.25
Five axles 9.25
Six axles 10.00
Seven axles & more 11.50
(c) (1) If the voters approve a toll increase, pursuant to Section 30923, the authority shall increase the base toll rate for vehicles crossing the bridges described in subdivision (a) from the toll rates then in effect by the amount approved by the voters pursuant to Section 30923. The authority may, beginning six months after the election approving the toll increase, phase in the toll increase over a period of time and may adjust the toll increase for inflation based on the California Consumer Price Index after the toll increase has been phased in completely. (2) Revenue generated from the adjustment of the toll to account for inflation pursuant to paragraph (1) may be expended for the following purposes:
(A) Bridge maintenance and rehabilitation necessary to preserve, protect, and replace the bridge structures consistent with subdivision (b) of Section 30950.3.
(B) Supplemental funding for the projects and programs authorized pursuant to subdivision (a) of Section 30914.7.
(d) The authority shall increase the amount of the toll only if required to meet its obligations on any bonds or to satisfy its covenants under any bond resolution or indenture. The authority shall hold a public hearing before adopting a toll schedule reflecting the increased toll charge. (e) Nothing in this section shall be construed to prohibit the adoption of either a discounted commute rate for two-axle vehicles or of special provisions for high-occupancy vehicles under terms and conditions prescribed by the authority in consultation with the department.
(f) (1) Beginning January 1, 2024, and until December 31, 2028, the authority shall increase the base toll rate for vehicles crossing the bridges described in subdivision (a) from the toll rates then in effect by one dollar and fifty cents ($1.50).

8/9/23, 10:26 AM Bill Text - SB-532 San Francisco Bay area toll bridges: tolls: transit operating expenses. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240SB532 7/8 (2) The authority shall adjust the toll increase imposed pursuant to paragraph (1) on an annual basis for inflation based on the California Consumer Price Index. (3) Notwithstanding Section 30918, the toll increase imposed pursuant to paragraph (1) shall not be reduced without statutory authorization by the Legislature.
(4) This subdivision shall become inoperative on January 1, 2029.

SEC. 5.SEC. 6. Section 30920 of the Streets and Highways Code is amended to read:
30920. The authority may issue toll bridge revenue bonds to finance any or all of the projects and purposes, including those specified in Sections 30913, 30914, 30914.7, and 30914.8, if the issuance of the bonds does not adversely affect the minimum amount of toll revenue proceeds designated in Section 30913 and in paragraph (4) of subdivision (a) of, and subdivision (b) of, Section 30914 for rail extension and improvement projects and transit projects to reduce vehicular traffic. A determination of the authority that a specific project or projects or purposes shall have no adverse effect will be binding and conclusive in all respects.

SEC. 7.

Section 40258 of the Vehicle Code, as added by Section 13 of Chapter 969 of the Statutes of 2022, is amended to read:
40258.
(a) (1) The schedule of toll evasion penalties for a toll evasion violation on a toll bridge shall not exceed twenty-five dollars ($25) for the notice of toll evasion violation, and shall not exceed fifty dollars ($50) for the notice of delinquent toll evasion violation for a cumulative total of fifty dollars ($50) for each individual toll evasion violation.
(2) Notwithstanding paragraph (1), the schedule of toll evasion penalties for a toll evasion violation on a San Francisco Bay area state-owned toll bridge shall not exceed five dollars ($5) for the notice of toll evasion violation, and shall not exceed ten dollars ($10) for the notice of delinquent toll evasion violation for a cumulative total of fifteen dollars ($15) for each individual toll evasion violation. For purposes of this paragraph, “San Francisco Bay area state-owned toll bridge” means any of the toll bridges described in Section 30910 of the Streets and Highways Code.
(2)
(3) Notwithstanding paragraph (1), paragraphs (1) and (2), the schedule of toll evasion penalties may include any administrative fee, fine, or assessment imposed by the state after enactment of this chapter in addition toPage 13 of 25 8/9/23, 10:26 AM Bill Text - SB-532 San Francisco Bay area toll bridges: tolls: transit operating expenses. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240SB532 8/8 the cumulative fifty-dollar ($50) limit per each individual toll evasion violation. (b) If the registered owner, by appearance or by mail, makes payment to the processing agency within 15 days of the mailing of the notice of toll evasion violation issued pursuant to subdivision (a) of Section 40254 for a bridge toll evasion, the amount owed shall consist of the amount of the toll without any additional penalties, administrative fees, or charges.
(c) The maximum penalty for each toll evasion violation included in a notice of toll evasion for either a toll highway, toll road, or express lane shall be sixty dollars ($60). The maximum cumulative toll evasion penalty shall not exceed one hundred dollars ($100) for each individual toll evasion violation. (d) Toll evasion penalties under this article shall be collected as civil penalties. (e) The amounts specified in this section may be adjusted periodically by an issuing agency at a rate not to exceed any increase in the California Consumer Price Index as compiled and reported by the Department of Industrial Relations.
(f) An issuing agency shall waive the toll evasion penalty for a first violation with the issuing agency if the person contacts, as applicable, the issuing or processing agency customer service center within 21 days from the mailing of the notice of toll evasion violation, and the person is not currently an accountholder with the issuing agency, signs up for an account, and pays the outstanding toll. (g) This section shall become operative on July 1, 2024.

SEC. 6.SEC. 8. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. Page 14 of 25 From: John Grubb <[email protected]>
Sent: Wednesday, July 19, 2023 4:45 PM
To: Hoffmeister, Laura <[email protected]> Subject: Could you pass a resolution opposing SB532 (Bay Area Toll Increase)? “EXTERNAL EMAIL: This email originated from outside of the organization. Do not follow guidance, click links, or open attachments unless you recognize the sender and know the content is safe.”

Dear Mayor Hoffmeister,

We write to request that you and your colleagues urgently pass a resolution opposing Senate Bill 532 (draft resolution below), which would raise tolls on our region’s seven state-owned Bay Area bridges to add funding for transit operations. This bill was a gut-and-amend, is moving quickly and needs a quick response.

We do not take this position lightly. The Bay Area Council worked with many others to secure $5.1 billion from the state budget – including $1.1 billion in new statewide funding – to give transit agencies in the Bay Area and across the state more time to recover ridership and make adjustments to adapt to a post-pandemic and post-remote work world. This was on top of the $4.4 billion in federal funds delivered to Bay Area transit during the pandemic. These efforts have staved off facing a “fiscal cliff” from 2025 until at least 2027.

We, like so many in our region, have been fulsome supporters of funding for transit, and transit expansion. But, we also – like so many – have pushed hard and largely unsuccessfully for our transit systems to reform, get more cost-effective and make the rider experience far better than it currently is.

Bay Area residents’ ability to pay for improvements is not limitless, and they deserve a more cost- effective, efficient, seamless, and in some cases safer transit system. Before we can support new taxes, tolls or fees to support transit, we need to see the agencies do the hard work to make their systems safer, most cost effective and more seamless. This is work that needs to be done now, at a very fast pace. While we acknowledge this work by the agencies will be painful and complex, we have been exceptionally frustrated with the stubbornness to change and adapt.

A toll increase now is a bad idea, and if needed, can revisited in future years.

We also urge you to oppose this toll increase for the following reasons:
 In a post-pandemic world, those that are still driving a car or pick-up truck across our bridges and paying tolls are statistically lower income, have lower levels of education and are disproportionately people of color. Post-pandemic, we have a bifurcated society in the Bay Area of those with the luxury to work remotely and those that cannot. Many of these bridge- crossing drivers cannot work from home nor reasonably take transit, and the cost of providing transit to them would be prohibitively expensive. Tolling these already disadvantaged residents more, now, is not the right move.

Attachment 3

 Tolls are already high, increasing and are set to be raised again in 2025 for Regional Measure 3 improvements.
 The primary objective of tolls is to pay for bridge maintenance, and the Bay Area Toll Authority had been planning an increase for such maintenance. Raising tolls to pay for transit operations would interfere with those efforts.
 Many workers are already struggling with the high cost of living in the Bay Area, and this toll hike may contribute to forcing more residents to leave the region.  Toll increases in the past – such as Regional Measure 1, Regional Measure 2 and Regional Measure 3 – were subject to votes of the people, and should continue to be. (And, we suspect this increase might be burned-at-the-stake by voters if on the ballot.)  Further taxing commuters will undermine efforts to bring more employees and visitors to struggling downtowns.
 As written, the toll increase funding would almost entirely go to MUNI in San Francisco and BART (for commuters going to San Francisco) and yet the toll payers and toll bridges are throughout the Bay Area, and this seems geographically inequitable.

State and federal relief funds bought valuable time to maintain service while transit agencies find ways to operate more efficiently, collect fares from existing riders, and make their systems safer and more desirable thereby attracting more riders and revenue. We are eager to see how the transit agencies use that money. We are directing our efforts to push them to act. We urge you to do the same, and oppose this toll increase.

Sincerely,
John Grubb
Chief Operating Officer
Bay Area Council

PROPOSED $1.50 TOLL HIKE
Even Bay Area’s congressional reps
question BART’s scal folly
As BART hurls toward what it calls a scal cliff, one would expect the transit system to tap the brakes. Instead, its leaders are pressing the accelerator while insisting that Bay Area residents pay for a bridge over the rapidly approaching abyss.

It’s scal recklessness that, if not stopped, could cost residents billions in higher taxes and bridge tolls. The good news is that six Bay Area members of Congress last week started questioning this insanity.

In a letter to Gov. Gavin Newsom and the leaders of the state Senate and Assembly, Reps.

Mark DeSaulnier, Anna Eshoo, Barbara Lee, Eric Swalwell, Mike Thompson and John BART ridership remains at just 40% from its pre-pandemic levels, but the transit agency’s leaders refuse to make cuts to account for the reduced demand. Instead, a rate increase is being oated. ANDA CHU/BAY AREA NEWS GROUP Attachment 4

Garamendi voiced “strong concerns” about a proposed $1.50 Bay Area bridge toll hike to bail out BART and other transit agencies.

The letter from the six, all labor-friendly Democrats, indicates that the union-driven BART board majority is pushing the envelope beyond even what some of its allies can stomach.

Congressional ethics rules prevent House members from explicitly opposing state legislation. So, they went as far as they could in challenging what would be the fourth bridge toll hike in six years.
“As proposed, these increases would have a disproportionate impact on low- and moderate- income residents in the Bay and would be borne most signicantly by workers who have to commute for their work,” the congressional members wrote.

They call out the geographic inequities — that 59% of all toll payers on Bay Area bridges come from just three counties, Alameda, Contra Costa and Solano. And that the bulk of the revenue from the toll hikes would go to BART and San Francisco’s Muni system, providing most of the benet to people who live in or travel to that city.

The members of Congress also highlight the lack of public information or analysis of how the new bridge toll money would be spent, independent oversight of the funds, or planning for long-term scally sustainable solutions.

It’s that last point that is the most important. Until BART develops a long-term plan that responsibly accounts for its new ridership reality, it doesn’t deserve any new money.

Newsom, state legislators and Bay Area voters should be similarly skeptical as BART ofcials press ahead with their lobbying for the bridge toll hike and an expected 2026 ballot measure seeking new taxes.

Rather than capitulate to the transit agency’s demands for an endless supply of new money, state lawmakers and voters should insist that transit district leaders responsibly manage what they have.

During the pandemic, as BART ridership plummeted, the federal government covered the district’s revenue shortfall. But BART ofcials have refused to plan needed cuts as they wean off the federal money.

As a result, the district faces a $1 billion budget gap over the next ve years, the so-called scal cliff. District ofcials want regional and state public dollars to make up the difference.

The district’s leaders insist that if they get it, BART will build back ridership.

That’s unlikely. There is no sign that BART usage will return to pre-pandemic levels. For a year now, despite service that matches 2019 levels, ridership has leveled off at about 40% of what it was before COVID.

Instead of taking responsible steps — such as adjusting train schedules to meet the lower demand and trimming staff accordingly — BART leaders plan to do just the opposite, hiring more workers and running more trains.

They plan to double down on this folly. And they want more public dollars to fund it. The state Legislature and Newsom in June provided California transit systems with a $5.1 billion bailout. The lawmakers touted the supposed accountability measures in the deal, but, as I noted last month, those provisions are vague and contradictory.

Meanwhile, BART ofcials want more money as they press for passage of Senate Bill 532, the proposed bridge toll increase questioned by the Bay Area members of Congress. The bill, introduced by Sen. Scott Wiener, D-San Francisco, would increase the levy for cars on the seven state-owned Bay Area bridges, currently $7, by $1.50, or 21%, to $8.50 on Jan. 1.

That would follow $1 increases in 2019 and 2022 and would precede one approved by voters for 2025 that would then raise the total to $9.50. The $1.50 hike on Jan. 1 would last for ve years, buying time to seek voter approval in 2026 for yet another transit tax.

BART should instead start serving the reduced ridership more efciently with less-frequent trains. If the train system can stick to a schedule, Bay Area residents are smart enough to plan accordingly.

BART ofcials claim that would send the transit district into a death spiral. There’s no evidence to support that. In fact, the current irresponsible scal planning is the greatest threat to the solvency and survival of the district.

While BART ofcials purport to care about riders, the real driver here is political patronage.

A majority of BART board members depend on the transit worker labor unions for political and nancial campaign support. So, the goal is protecting jobs, even if they don’t make operational or nancial sense.

Which is why the letter last week from seven labor-friendly Democratic members of Congress, including the six from the Bay Area, was surprising. It signals that even the political left recognizes that it’s time to stop enabling BART ofcials’ nancially irresponsible behavior.

Daniel Borenstein is editor of the East Bay Times opinion pages. Email him at [email protected].

8/22/23, 8:33 AM controversial Bay Area bridge toll increase put on pause https://www.eastbaytimes.com/2023/08/21/bill-seeking-to-bail-out-bart-with-bridge-toll-hikes-is-put-on-pause/ 1/6 By By WILL MCCARTHYWILL MCCARTHY | | [email protected]@bayareanewsgroup.com | Bay Area | Bay Area News GroupNews Group
PUBLISHED: PUBLISHED: August 21, 2023 at 4:50 p.m.August 21, 2023 at 4:50 p.m. | UPDATED: | UPDATED: August 22, 2023 at 6:29 a.m.August 22, 2023 at 6:29 a.m.

Vehicles head back and forth across the Bay Bridge during the afternoon commute inVehicles head back and forth across the Bay Bridge during the afternoon commute in Oakland, Calif., on Monday, June 26, 2023. A state bill is proposing a $1.50 toll hike onOakland, Calif., on Monday, June 26, 2023. A state bill is proposing a $1.50 toll hike on seven Bay Area bridges, not including the Golden Gate. (Jane Tyska/Bay Area Newsseven Bay Area bridges, not including the Golden Gate. (Jane Tyska/Bay Area News Group)Group)
NEWSNEWSTRANSPORTATIONTRANSPORTATION
Bill seeking to bail out BART withBill seeking to bail out BART with bridge-toll hikes is put on pausebridge-toll hikes is put on pause Controversial $1.50 raise for bridge crossings wouldControversial $1.50 raise for bridge crossings would have covered half of transit agencies’ shortfallhave covered half of transit agencies’ shortfall • • NewsNews
Benched Correspondence
Agenda Item No. 4.d
August 22, 2023

8/22/23, 8:33 AM controversial Bay Area bridge toll increase put on pause https://www.eastbaytimes.com/2023/08/21/bill-seeking-to-bail-out-bart-with-bridge-toll-hikes-is-put-on-pause/ 2/6 Efforts to pass a controversial bill to fund the Bay Area’s financially strappedEfforts to pass a controversial bill to fund the Bay Area’s financially strapped transit system – including BART, Muni and other agencies – by raising Bay Areatransit system – including BART, Muni and other agencies – by raising Bay Area bridge tolls by $1.50 are being put on pause amid weak legislative support, Statebridge tolls by $1.50 are being put on pause amid weak legislative support, State Sen. Scott Wiener announced Monday.Sen. Scott Wiener announced Monday.

The San Francisco Democrat introduced the bill late in the legislative sessionThe San Francisco Democrat introduced the bill late in the legislative session after efforts to obtain sustainable transit funding in the state budget fell through.after efforts to obtain sustainable transit funding in the state budget fell through.

In an interview, Wiener said he knew from the beginning that the toll hike wouldIn an interview, Wiener said he knew from the beginning that the toll hike would be a difficult political lift. SB352 would have required a two-thirds majority tobe a difficult political lift. SB352 would have required a two-thirds majority to pass both houses of the Legislature.pass both houses of the Legislature. “We don’t have enough time, so we’re hitting the pause button,” Wiener said.“We don’t have enough time, so we’re hitting the pause button,” Wiener said. “We’re going to work within our Bay Area delegation to try to build broader“We’re going to work within our Bay Area delegation to try to build broader support for a funding strategy.”support for a funding strategy.” The proposal also faced criticism from regional leaders, local members ofThe proposal also faced criticism from regional leaders, local members of Congress and some of Wiener’s own colleagues. Critics said it was unfair to passCongress and some of Wiener’s own colleagues. Critics said it was unfair to pass the cost of diminished ridership onto bridge drivers and that the fare hike wouldthe cost of diminished ridership onto bridge drivers and that the fare hike would disproportionately impact low- and moderate-income residents.disproportionately impact low- and moderate-income residents.

But Wiener said the pause was not so much due to outside opposition as it was aBut Wiener said the pause was not so much due to outside opposition as it was a lack of support from within the state senate.lack of support from within the state senate. “I’m one legislator,” he said. “I need support from a whole bunch of other“I’m one legislator,” he said. “I need support from a whole bunch of other legislators to do anything.”legislators to do anything.” The Bay Area Council, a public-policy advocacy organization that adamantlyThe Bay Area Council, a public-policy advocacy organization that adamantly opposes SB352, referred to the pause as “a good step” and said that operationalopposes SB352, referred to the pause as “a good step” and said that operational reforms “must be the first and only priority for addressing transit systemreforms “must be the first and only priority for addressing transit system challenges.”challenges.”
“We can’t continue to fund unsustainable transit operations that aren’t meeting“We can’t continue to fund unsustainable transit operations that aren’t meeting the needs of riders,” Jim Wunderman, president and CEO of the Bay Area Council,the needs of riders,” Jim Wunderman, president and CEO of the Bay Area Council, wrote in a statement.wrote in a statement.

8/22/23, 8:33 AM controversial Bay Area bridge toll increase put on pause https://www.eastbaytimes.com/2023/08/21/bill-seeking-to-bail-out-bart-with-bridge-toll-hikes-is-put-on-pause/ 3/6 Although additional state funding this year will help avert a fiscal cliff that couldAlthough additional state funding this year will help avert a fiscal cliff that could cut services imminently, potentially shuttering BART lines and removing buses,cut services imminently, potentially shuttering BART lines and removing buses, service cuts are still possible as soon as 2025 without a reliable fundingservice cuts are still possible as soon as 2025 without a reliable funding mechanism.mechanism.

Had the bill passed, the cost of crossing state-owned bridges in the Bay AreaHad the bill passed, the cost of crossing state-owned bridges in the Bay Area would have increased from $7 to $8.50 in January 2024. That additional $1.50would have increased from $7 to $8.50 in January 2024. That additional $1.50 would then be sent to Bay Area transit operators that have seen fare revenuewould then be sent to Bay Area transit operators that have seen fare revenue plummet in the wake of COVID-19. Wiener has described the proposal as a formplummet in the wake of COVID-19. Wiener has described the proposal as a form of “financial self help.”of “financial self help.”
The money would have covered approximately half of Bay Area transit agencies’The money would have covered approximately half of Bay Area transit agencies’ operating shortfall.operating shortfall.

State lawmakers will now have to return to the drawing board as they determineState lawmakers will now have to return to the drawing board as they determine how to support the Bay Area’s regional transit system. Faced with declining fareshow to support the Bay Area’s regional transit system. Faced with declining fares and slowly rebounding ridership that may never reach pre-pandemic numbers,and slowly rebounding ridership that may never reach pre-pandemic numbers, transit agencies have thus far been propped up by federal aid. That money istransit agencies have thus far been propped up by federal aid. That money is soon coming to an end.soon coming to an end.

James Allison, a spokesperson for BART, which supported SB352, said the transitJames Allison, a spokesperson for BART, which supported SB352, said the transit agency will “continue to offer our assistance to the Senator and other lawmakersagency will “continue to offer our assistance to the Senator and other lawmakers as they work to find a consensus solution to this regional issue.”as they work to find a consensus solution to this regional issue.” Wiener said the bridge toll plan wouldn’t necessarily be scrapped as as thatWiener said the bridge toll plan wouldn’t necessarily be scrapped as as that option could be considered along with other regional funding solutions.option could be considered along with other regional funding solutions. “We really have no time to lose,” Wiener said. “Ideally this would have been“We really have no time to lose,” Wiener said. “Ideally this would have been resolved this year, but now we’ll have to do it next year.”resolved this year, but now we’ll have to do it next year.”

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Staff Report
Date: August 22, 2023
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kevin Marstall, PE, Director of Community Development Carlton Thompson, PE, City Engineer
Bernard Enrile, PE, CIP Manager
Prepared by: Justin Bosch, PE, Associate Civil Engineer [email protected]
(925) 671-5008
Subject: Considering the following for the 2023 Willow Pass Road Patch Repair and Overlay Project (Project No. 2593-1) located on Willow Pass Road from Landana Drive to Avila Road:

1. Award of a construction contract in the amount of
$875,648.25 (Measure V Projects Fund 490) to MCK Services, Inc., and authorizing Staff to utilize the available project contingency for contract change orders that become
necessary up to 10% of the contract amount; and authorizing the Mayor to execute the contract in a form acceptable to the City Attorney.

2. Authorizing the City Engineer to accept the improvements upon completion of Project No. 2593-1 and directing the City Clerk to file a Notice of Completion.

CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(2), 15061(b)(3), 15378, 15301, 15302, 15303, 15304, 15305, and/or Public Resources Code Section 21065.

Report in Brief
The 2023 Willow Pass Road Patch Repair and Overlay Project (Project No. 2593-1) (Project) will provide pothole and base repairs, and a 2-inch asphalt overlay on Willow Pass Road from Landana Drive to Avila Road. Work will also include adjusting utilities

4.e4.e4.e

City Council Agenda Report
Agenda Item No. 4.e
August 22, 2023
and monuments to grade, striping and signage, replacing delineators, and installing shoulder backings (a gravel layer along the shoulder that supports the pavement edge and prevents asphalt edge loss and edge drop-off heights). 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 (Council), Project construction is expected to begin in October 2023 and be completed by December 2023, weather and contractor availability permitting.

Recommended Action

1. Award a construction contract in the amount $875,648.25 (Measure V Projects Fund 490) to MCK Services, Inc. for the 2023 Willow Pass Road Patch Repair and Overlay Project (Project No. 2593-1); 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. Authorize the City Engineer to accept the improvements upon completion of Project No. 2593-1 and direct the City Clerk to file a Notice of Completion.

Background
On June 2, 2020, Council adopted the CIP Budget for Fiscal Years 2020-21 and 2021- 22 that was updated on June 6, 2021, with a mid-cycle update, which included the design and construction of the 2023 Citywide Pothole and Base Repair Project (Project No. 2593) in the amount of $800,000 from a prior allocation for FY (Fiscal Year) 2022-

23. The project initially included Willow Way, Meridian Park Blvd, Olive Dr, Ayers Rd, and Cowell Rd to receive pothole and base repairs. However, after comparing the work with paving projects in the Five-Year Pavement Expenditure Plan (approved by Council on June 1, 2021) and evaluating existing road conditions, some sites were removed, and others were added.

In April 2023, the Mid-Year Operating update included appropriations that approved an amount of $685,000 to be allocated to the Project’s budget specifically to address the condition of Willow Pass Road from Landana Dr to Avila Rd. The vicinity map for the Project is shown as Attachment 1. Work will include pavement striping restoration and adjustment of utility boxes, maintenance access holes, covers, lids, and other structures.

The Project was advertised for bid in April 2023 and received no bids in May 2023. This compelled City staff (Staff) to create two separate projects for each of the treatment methods within the Project. This led to the 2023 Willow Pass Road Patch Repair and Overlay Project (Project No. 2593-1) and the 2023 Citywide Asphalt Patch Repair Project (Project No. 2593-2) to be bid separately.

City Council Agenda Report
Agenda Item No. 4.e
August 22, 2023
On September 13, 2016, Council approved a Citywide Project Stabilization Agreement with the Contra Costa Building & Construction Trades Council for projects with a construction contract valued at over $750,000. The Project includes this provision.

Analysis
Construction Contract
The Project was advertised for construction bids as required by State law and City policy. During the bid period, one addendum was issued. Bids were opened on July 27, 2023, and eight (8) bids were received in amounts ranging from $875,648.25 to $1,188,896. The Engineer’s Estimate for the Total Bid is approximately $830,000. The 3 lowest bids are shown in the following table.

BID SCHEDULE Engineer's
Estimate
MCK
Services,
Inc.

Bay Cities Paving
and Grading, Inc.

Ghilotti Bros,
Inc.

Total Bid $830,000 $875,648.25 $1,009,844.00 $1,015,444.50 MCK Services, Inc. (MCK) of Concord, CA was the lowest bidder and submitted a responsive and responsible bid. MCK has an appropriate and valid contractor’s license and is currently working on other CIP projects for the City, including Oak Grove Pavement Rehabilitation Project – Phase 3, Project No 2557.

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

Staff has determined there are sufficient funds to award the Total Bid.

Financial Impact
The current total budget for the overall Project No. 2593 is $1,485,000. This budget includes $800,000 from prior allocations in Measure V Projects funds (Fund 490) and $685,000 from Mid-Year Operating update appropriations also in Measure V Projects funds (Fund 490). There are sufficient funds to award the construction contract’s Total Bid with a construction contingency of 10 percent.

Environmental Determination
Pursuant to CEQA Guidelines Sections 15060(c), 15061(b)(2), 15061(b)(3), 15378, and/or 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, 15304 –

City Council Agenda Report
Agenda Item No. 4.e
August 22, 2023
Minor Alterations to Land, and/or 15305 – Minor Alterations in Land Use Limitation as it involves maintenance on existing streets including pavement work, traffic signal modifications, signage, striping, and adjusting utilities to grade. 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. Project Location Map

2. Bid Sheet

Attachment 1
Project Location Map
2023 Willow Pass Road Patch Repair and Overlay Project
Project No. 2593‐1

City of Concord
Bid Sheet
PROJECT #2593-1 Bid Opening:
2023 Willow Pass Road Patch Repair &
Overlay Project
Thursday,
July 27, 2023
2:00 p.m.

Garden Conference Room
Engineer’s Estimate: $830,000 To be awarded: $875,648.25

COMPANY TOTAL BID
MCK Services, Inc
PO Box 5697
Concord, CA 94524
$875,648.25
Bay Cities Paving and Grading, Inc.

PO Box 6227
Concord, CA 94524 - 1227
$1,009,844.00
Ghilotti Bros, Inc.
525 Jacoby Street
San Rafael, CA 94901
$1,015,444.50
McGuire & Hester
2810 Harbor Bay Parkway
Alameda, CA 94502
$1,025,367.00
$1,025,364.75
Interstate Grading & Paving, Inc
128 South Maple Avenue
South San Francisco, CA 94519
$1,053,229.90
Redgwick Construction Co
21 Hegenberger Ct
Oakland, CA 94621
$1,088,219.75
Radius Earthwork Inc
197 E. Hamilton Ave, Ste 204
Campbell, CA 95008
$1,122,700.00
B&M Builders
11330 Sunrise Park Drive, Ste C
Rancho Cordova, CA 97742
$1,188,888.00
$1,188,896.00
Contact: Justin Bosch x5008
Attachment 2

Staff Report
Date: August 22, 2023
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kevin Marstall, PE, Director of Community Development Prepared by: Justin Bosch, PE, Associate Civil Engineer [email protected]
(925) 671-5008
Subject: Considering the following for the 2023 Citywide Asphalt Patch Repair Project (Project No. 2593-2) located on Ygnacio Valley Road from Alberta Way to Clayton Road:

1. Award a construction contract in the amount $480,972.25 (Measure V Projects Fund 490 and 2021 Debt Issuance
Measure V Fund 407) to MCK Services, Inc., for the Base Bid of 2023 Citywide Asphalt Patch Repair Project (Project No. 2593- 2); 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 a related budget transfer of $420,000.00 (2021 Debt Issuance Measure V Fund 407) from Pavement Management
Annual Program - HOLDING ACCOUNT (Project No. 2157) to
2023 Citywide Asphalt Patch Repair Project (Project No. 2593) and appropriate such funds for Project No. 2593-2.

3. Authorize the City Engineer to accept the improvements upon completion of Project No. 2593-2, and direct the City Clerk to file a Notice of Completion.

CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(2), 15061(b)(3), 15273, 15378, 15301, 15302, 15303, 15304, 15305, and/or Public Resources Code Section 21065.

4.f4.f4.f

City Council Agenda Report
Agenda Item No. 4.f
August 22, 2023
Report in Brief
The 2023 Citywide Asphalt Patch Repair Project (Project No. 2593-2)(Project) originally proposed pothole and base repairs on Ygnacio Valley Road, Ayers Road, Clayton Road, Meridian Park Blvd, Willow Way, and Diamond Blvd. However, City Council (Council) is being requested to fund and award only the work on Ygnacio Valley Road since it is the most critical location, and the other roads will be done in future projects. Work also includes adjusting utilities and monuments to grade, striping, and signage. See attached Location Map (Attachment 1).

Recommended Action

1. Award a construction contract in the amount of $480,972.25 (Measure V Projects Fund 490 and 2021 Debt Issuance Measure V Fund 407) to MCK Services, Inc. for the Base Bid of 2023 Citywide Asphalt Patch Repair Project (Project No. 2593-2) located on Ygnacio Valley Road from Alberta Way to Clayton Road; 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 a related budget transfer of $420,000.00 (Debt Issuance Measure V Fund 407) from Pavement Management Annual Program – Holding Account (Project No. 2157) to 2023 Citywide Asphalt Patch Repair Project (Project No. 2593) and appropriate such funds for Project No. 2593-2.

3. Authorize the City Engineer to accept the improvements upon completion of Project No. 2593-2, and direct the City Clerk to file a Notice of Completion.

Background
On June 2, 2020, Council adopted the CIP Budget for Fiscal Years 2020-21 and 2021- 22 that was updated on June 6, 2021, with a mid-cycle update, which included the design and construction of the 2023 Citywide Pothole and Base Repair Project (Project No. 2593) in the amount of $800,000 from a prior allocation for FY (Fiscal Year) 2022-

23. The project initially included Willow Way, Meridian Park Blvd, Olive Dr, Ayers Rd, and Cowell Rd to receive pothole and base repairs. However, after comparing the work with paving projects in the Five-Year Pavement Expenditure Plan (approved by Council on June 1, 2021) and evaluating existing road conditions, Olive Dr and Cowell Rd were removed and Ygnacio Valley Rd and Willow Pass Rd were added.

In April 2023, the Mid-Year Operating update included appropriations that approved an amount of $685,000 to be allocated to this project budget specifically to address the poor condition of Willow Pass Road from Landana Dr to Avila Rd. The Project was advertised for bid in April 2023 and received no bids in May 2023. Paving and striping contractors had no availability to perform the work.

City Council Agenda Report
Agenda Item No. 4.f
August 22, 2023
This led to the Project being packaged as two (2) separate projects. 2023 Willow Pass Road Patch Repair and Overlay Project (Project No. 2593-1) is the first of these projects, and the 2023 Citywide Asphalt Patch Repair Project (Project No. 2593-2) is the second of these projects. Project No. 2593-1, Willow Pass Road Patch Repair and Overlay Project is scheduled for construction in late September.

Project No. 2593-2 is titled 2023 Citywide Asphalt Patch Repair Project because it was initially a citywide project that included portions of Ygnacio Valley Road, Ayers Road, Clayton Road, Meridian Park Blvd, Willow Way, and Diamond Blvd as shown on the vicinity map in Attachment 1. However, after further investigation, Ygnacio Valley Road is the only project site with existing conditions that will need to be repaired this year.

Work will include pothole repair and minimal pavement striping restoration.

On September 13, 2016, Council approved a Citywide Project Stabilization Agreement with the Contra Costa Building & Construction Trades Council for projects with a construction contract valued at over $750,000. This Project includes this provision because the total bid for Project No. 2593-2 exceeds the threshold.

Analysis/Procurement Process
Construction Contract
The Project was advertised for construction bids as required by state law and City policy. During the bid period, one addendum was issued. Bids were opened on July 27, 2023, and five (5) bids were received in amounts ranging from $1,282,016.20 to $2,058.189.00. The Engineer’s Estimate for the Total Bid is approximately $990,000.

The three (3) lowest bids are shown in the following table.

BID

SCHEDULE
Engineer's
Estimate
MCK
Services,
Inc.

Ghilotti
Bros,
Inc.

McGuire
and
Hester
Base Bid $390,000 $481,000 $746,000 $908,000
Additive Bid 1 $200,000 $249,000 $285,000 $267,000
Additive Bid 2 $75,000 $120,000 $138,000 $120,000
Additive Bid 3 $45,000 $71,000 $77,000 $69,000
Additive Bid 4 $140,000 $187,000 $216,000 $165,000
Additive Bid 5 $140,000 $174,000 $207,000 $183,000
Total Bid $990,000 $1,282,000 $1,669,000 $ 1,712,000
MCK Services, Inc. (MCK) of Concord, CA was the lowest bidder and submitted a responsive and responsible bid. MCK has an appropriate and valid contractor’s license and is currently working on other CIP projects for the City of Concord including Oak Grove Pavement Rehabilitation Project – Phase 3, Project No 2557.

City staff completed analysis of MCK’s bid, determining that this contractor along with its subcontractors possess appropriate and valid licenses, are not on any debarred lists,

City Council Agenda Report
Agenda Item No. 4.f
August 22, 2023
and agreed to be bound by the Citywide Project Stabilization Agreement. MCK is registered with the Department of Industrial Relations as required by SB 854.

While the award is based on total bid, the City reserved the right to include any combination of the additive bids to the project at its sole discretion.

Construction for the 2023 Willow Pass Road Patch Repair and Overlay Project No. 2593-1 is expected to be awarded at the same council meeting as this report. Since the two phases of Project 2593 share funding, and the majority of the funding will support the Willow Pass Road Project (No. 2593-1), there are insufficient funds remaining to award the 2023 Citywide Asphalt Patch Repair Project (City Project No. 2593-2) construction Base Bid with contingency, construction management, and Staff time.

However, the base bid located on Ygnacio Valley Road is a high priority project site, and awarding construction for this portion of the project is recommended in order to repair this portion of road this year. To achieve this an additional $420,000 is required to fund the Base Bid of this Project, and available funding exists in the roadway improvement holding account which is budgeted specifically to fully fund priority pavement preservation projects that may not have enough funds, like this project (Project 2593-2).

The remaining Additive Bids 1-5 located at Ayers Road, Clayton Road, Meridian Park Blvd, Willow Way, and Diamond Blvd will be repackaged and re-bid in the fall season of this year when prices are anticipated to be more competitive for construction in 2024.This creates a third phase for this project.

Financial Impact
The current total budget for the overall Project 2593 is $1,485,000 in Measure V Projects funds (Fund 490), however the majority of that amount is required to award Project No. 2593-1 and only approximately $163,200 remains, which is insufficient to fully fund Project No. 2593-2.

Therefore a budget transfer and appropriation is required to fully fund the Base Bid construction contract with MCK, for the Ygnacio Valley Road portion of this project, the on-call construction management, contingency to the project, and all associated costs, Staff recommends a budget transfer in the amount of $420,000 to 2023 Citywide Asphalt Patch Repair Project (Project No. 2593-2) from Pavement Management Annual Program - HOLDING ACCOUNT (City Project No. 2157), Fund 407 – 2021 Debt Issuance (Measure V) and appropriation of such funds for Project No. 2593-2.

Environmental Determination
Pursuant to CEQA Guidelines Sections 15060(c), 15061(b)(2), 15061(b)(3), 15273, 15378, Public Resources Code Section 21065, award of this contract is not subject to

City Council Agenda Report
Agenda Item No. 4.f
August 22, 2023
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, 15304 – Minor Alterations to Land, and/or 15305 – Minor Alterations in Land Use Limitation as it involves maintenance on existing streets including pavement work, traffic signal modifications, signage, striping, and adjusting utilities to grade. 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 Sheet

ATTACHMENT 1

Project Location Map
2023 Citywide Asphalt Patch Repair Project
Project No. 2593‐2

City of Concord
Bid Sheet

PROJECT #2593-2 Bid Opening:
2023 Citywide Asphalt Patch Repair Project Thursday,
July 27, 2023
2:30 p.m.

Garden Conference Room
Engineer’s Estimate: $990,000 To be awarded: $480,972.25

COMPANY TOTAL BID
MCK Services, Inc
PO Box 5697
Concord, CA 94524
$1,282,016.20

BASE BID:
$480,972.25
Ghilotti Bros, Inc
525 Jacoby Street
San Rafael, CA 94901
$1,669,116.40

BASE BID:
$746,305.25
McGuire & Hester
2810 Harbor Bay Parkway
Alameda, CA 94502

$1,711,818.15

BASE BID:
$908,103.25
Dirt Dynasty, Inc
PO Box 67
Farmington, CA 95230
$1,886,994.03

BASE BID:
$753,552.25
Redgwick Construction Co
21 Hegenberger Ct
Oakland, CA 94621
$2,058,189.00

BASE BID:
$897,416.10

Contact: Justin Bosch x5008

Staff Report
Date: August 22, 2023
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kevin Marstall, PE, Director of Community Development Mindy Gentry, Planning Manager
Prepared by: Aaron Sage, Principal Planner
[email protected]
(925) 671-3465
Subject: Considering adoption of a Resolution:
(1) finding the amendments to the 2023-2031 Housing Element Update (“2023-2031 HEU Amendments”), consistent with the Initial Study/Negative Declaration for the adopted 2023-2031 HEU;
(2) finding the 2023-2031 HEU Amendments exempt pursuant to CEQA Guidelines Section 15061(b)(3), the common sense exemption;
(3) finding the 2023-2031 HEU Amendments substantially
comply with Government Code section 65580 et seq.
(“Housing Element Law”);
(4) approving a General Plan Amendment adopting the 2023- 2031 HEU Amendments;
(5) authorizing the City Manager or designee to make changes to the 2023-2031 HEU, as amended by the 2023-2031 HEU
Amendments, to achieve internal consistency or address non- substantive changes or amendments requested by the
Department of Housing and Community Development to certify the 2023-2031 HEU; and
(6) making other related findings and delegations as
appropriate. (PL23109 – GP)

5.a5.a5.a5.a5.a5.a5.a

City Council Agenda Report
Agenda Item No. 5.a
August 22, 2023
CEQA: Exempt under CEQA Guidelines 15061(b)(3) (Common
Sense Exemption); prior Initial Study/Negative Declaration.

Report in Brief
The City Council (Council) is being requested to consider amendments to the 2023 – 2031 Housing Element Update (“2023–2031 HEU Amendments”) to address the California Department of Housing and Community Development’s (HCD) comments, dated May 19, 2023.

Recommended Action
Adopt a Resolution:
(1) finding the amendments to the 2023-2031 Housing Element Update (“2023-2031 HEU Amendments”), consistent with the Initial Study/Negative Declaration for the adopted 2023-2031 HEU;
(2) finding the 2023-2031 HEU Amendments exempt pursuant to CEQA Guidelines Section 15061(b)(3), the common sense exemption;
(3) finding the 2023-2031 HEU Amendments substantially comply with Government Code section 65580 et seq. (“Housing Element Law”);
(4) approving a General Plan Amendment adopting the 2023-2031 HEU Amendments; (5) authorizing the City Manager or designee to make changes to the 2023-2031 HEU as amended by the 2023-2031 HEU Amendments to achieve internal consistency or address non-substantive changes or amendments requested by the Department of Housing and Community Development to certify the 2023-2031 HEU; and (6) making other related findings and delegations as appropriate. (PL23109 – GP) Background
Pursuant to state law, every city and county in California must adopt a housing element as part of its general plan. The housing element contains policies and programs to address the housing needs of all economic segments of the community over an eight- year planning cycle, which for Bay Area jurisdictions covers the period 2023 to 2031 (also known as the “sixth cycle”). State law requires Bay Area jurisdictions to adopt updated housing elements for the sixth cycle and submit them to the California Department of Housing and Community Development (HCD) for certification by January 31, 2023, while providing a 120-day “grace period” during which HCD will not take enforcement action against jurisdictions that fail to meet this deadline. This “grace period” lapsed on May 31, 2023, and the City of Concord (City) is susceptible to enforcement action; however, City staff (Staff) understands that the likelihood of enforcement is reduced if the City continues to make forward progress on its Housing Element.

City Council Agenda Report
Agenda Item No. 5.a
August 22, 2023
On January 6, 2015, the Council adopted the City’s 2014-2022 Housing Element, which HCD certified on January 20, 2015.1 For further background regarding preparation and adoption of the 2023-2031 HEU, see the March 14, 2023, staff report to City Council (Council).2
On May 27, 2022, the City released the first public draft of its Housing Element Update (HEU) for a 30-day public review period. On June 21, 2022, the Council considered this draft, received public comments, and provided input for a revised draft to be submitted to HCD. On August 8, 2022, the City released the revised draft for a 7-day public review period, and on August 16, 2022, the City submitted this draft to HCD with responses to public comments received during the initial 30-day review period. On November 14, 2022, HCD provided a letter with comments on the revised draft HEU.3 On January 17, 2023, Council considered HCD’s comments and provided input on further revisions to address these comments.4 On February 27, 2023, the Planning Commission (PC) considered the final draft HEU and recommended its adoption by Council.

On March 14, 2023, Council adopted the HEU with revisions to clarify that Large Residential Care Facilities must comply with all objective criteria in order to be assured approval, and that the City will only support a regional housing bond if there is a benefit to the City. On March 24, 2023, after making additional non-substantive edits as authorized by Council, staff submitted the HEU to HCD for certification.5 On May 19, 2023, HCD provided comments on the adopted HEU (Attachment 2), finding that it “addresses most statutory comments” in HCD’s prior letter, but that additional revisions are needed to substantially comply with state housing element law.

An analysis of HCD’s comments is provided below. HCD’s letter also indicates that “[t]he [HEU] will meet the statutory requirements of State Housing Element Law once it has been revised and re-adopted to comply with the above requirements.” On June 7, 2023, the HEU project team met with HCD staff to discuss HCD’s comments and potential revisions. HCD’s input from this meeting and subsequent communications has been incorporated into the proposed revisions (Attachment 1, Exhibit A). On July 19, staff sent the proposed revisions to HCD staff for an informal review, which as of the 1 Available at: https://www.cityofconcord.org/DocumentCenter/View/1170/Housing-Element-Update--- Final-11-07-2014-PDF
2 Available at:
https://stream.ci.concord.ca.us/OnBaseAgendaOnline/Meetings/ViewMeeting?id=940&doctype=1#; see agenda item 9.a.
3 Nov. 2022 HCD letter available at: https://concordhousingelement.org/wp- content/uploads/2022/11/ccoConcordDraftOut111422.pdf.
4 The discussion on the HEU was continued from the January 10, 2023 meeting where Council heard a presentation from Staff and received public comment. The public comment period was closed at the January 10 meeting.
5 Final adopted HEU available at https://concordhousingelement.org/wp- content/uploads/documents/Adopted%206th%20Cycle%20Housing%20Element%20(Document%20and %20Appendices).pdf

City Council Agenda Report
Agenda Item No. 5.a
August 22, 2023
writing of this staff report is still pending. On July 25, staff met with HCD staff to discuss HCD’s comment about building heights in the CMX, CO and RH districts; see Analysis section below for further details.

On August 2, 2023, PC held a public hearing and voted 4-0 (Ayes: Barbour, Corio, Kaushal, Mizutani; Absent: Laub) to recommend that Council adopt the 2023-2031 HEU Amendments.

Analysis
The proposed amendments to the 2023-2031 HEU respond to HCD’s comments as discussed below:
 Comment: “[I]nclude significant quantifiable and measurable targets, meaningful programs, clear implementation actions and specificity in geographic targeting … [for] affirmatively furthering fair housing (AFFH) programs.” Proposed Amendment: Table 9 of Appendix D (AFFH Action Matrix) has been revised with several new targets and metrics to address this comment, including the following:
o Program 1 (ADUs): Target outreach regarding fair housing laws to Accessory Dwelling Unit (ADU) owners in the Clayton Valley and Lime Ridge neighborhoods (moderate- and higher-resource areas), in order to reach at least 20 households per year.
o Program 1 (ADUs): Target production of 17 ADUs (over the eight-year HEU cycle) in Clayton Valley and Lime Ridge neighborhoods. o Program 4 (Annual Progress Reports): Target production of 40 new affordable units (over the eight-year HEU cycle) on properties owned by educational agencies in the Lime Ridge neighborhood.
o Program 8 (Fair Housing): Target outreach regarding fair housing and tenant protection laws to the Downtown, Todos Santos, Monument Corridor and Olivera/Port Chicago neighborhoods.
o Program 8 (Fair housing): The amended Table 9 lists the Monument Corridor and Olivera/Port Chicago neighborhood as examples of low resource areas where outreach for the Tenant/Landlord Services program will be targeted.
o Program 9 (Middle Density): Target production of 50 new Senate Bill (SB) 9 units (over the eight-year HEU cycle) in the Clayton Valley and Lime Ridge neighborhoods as a result of ordinance to allow additional SB 9 units (Program 9, Objective 9.3), and notify at least 1,000 households in these neighborhoods regarding this ordinance.

City Council Agenda Report
Agenda Item No. 5.a
August 22, 2023
o Program 11 (Incentives to Assist in Development): Target production of at least 32 affordable units and 58 market-rate units per year within 0.5 miles of BART stations as a result of the additional density bonus available in the Transit Station Overlay District.
o Program 12 (Inclusionary Housing): Target production of at least two additional affordable ownership units and five additional affordable rental units per year as a result of amendments to inclusionary housing requirements.
o Program 16 (Parking Reductions): Target outreach regarding parking reductions for affordable housing on religious institution sites to the Clayton Valley and Lime Ridge neighborhoods.
o Program 17 (Preservation and Housing Rehabilitation): Target outreach regarding the Housing Rehabilitation Loan and Grant Program to the Monument Corridor and Olivera/Port Chicago neighborhoods, in order to assist at least 25 households and/or provide 12 loans (over the eight-year HEU cycle).
o Program 18 (Preservation of At-Risk Affordable Housing Units): Target units at risk of losing affordability restrictions “in specific sites throughout the City” for funding, technical assistance, and letters of support to preserve affordable housing.
o Program 20 (Residential Tenant Protections): The amended Table 9 lists Central Concord and the Olivera/Port Chicago neighborhood as examples of low-resource areas where Citywide tenant protection strategies will be focused. The amendments also add targets of publishing eight annual reports from the Rent Registry Program, assisting all households at risk of displacement, and reducing evictions by at least 25% from 2022 levels, as reported through the Rent Registry Program.
o Program 21 (Special Housing Needs): Match at least 32 older adults wishing to share their homes with residents seeking housing over the eight-year HEU cycle.
o Program 26 (Place-Based Strategies): The adopted HEU commits to completing a safety/mobility improvement project valued at least $1 million within a low-resource area. The amended Table 9 lists the Monument Corridor and Olivera/Port Chicago neighborhood as examples of low- resource areas where this project may be located.
o Program 26 (Place-Based Strategies): The adopted HEU commits to appropriating at least 20% of the Cannabis Community Benefit Fund (CCBF) to low-resource areas. As discussed in the August 8 City Council agenda item regarding the disbursement of $28,000 to the One Day at a Time (ODAT) program, the City anticipates receiving approximately

City Council Agenda Report
Agenda Item No. 5.a
August 22, 2023
$400,000 in annual CCBF revenue once all six cannabis businesses are operating, which is expected to occur by June of 2024. Based on this estimate, approximately $80,000 per year would be allocated from the CCBF under HEU Program 26. In order to allow for fluctuations in CCBF revenue, the amendments to Table 9 include a conservative target of at least $30,000 per year for Program 26 rather than the full $80,000; however, at least 20% of actual CCBF revenue will be spent under this program regardless of the Table 9 target. Other amendments to Table 9 include a target of $14,000 per year during 2023-24 and 2024-25 to provide life skills programs for 30 to 50 at-risk youth (the ODAT program), with additional funds to reach the 20% target to be allocated through a grant process with community input, and engagement with at least 50 individuals to receive input on this grant process. The amended Table 9 also lists the Monument Corridor and Olivera/Port Chicago neighborhood as examples of low-resource areas where these funds will be directed. o Program 26 (Place-Based Strategies): The adopted HEU commits to seeking at least three grants for investments in low-resource areas, and analyzing the community’s language needs to assist in future community engagement. The amended Table 9 lists the Monument Corridor and Olivera/Port Chicago neighborhood as examples of low-resource areas where these efforts will be directed.
 Comment: “[I]nclude specific actions to facilitate development on BART sites.” Proposed Amendment: Program 4, Objective 4.6 of the adopted HEU outlines various actions intended to facilitate development of a large site owned by BART on Monument Boulevard, which is identified for 782 units in the HEU’s sites inventory. Program 4 of the amended HEU has been revised and augmented based on input from BART staff, including the following:
o Clarify that this site is not subject to Assembly Bill (AB) 2923 and therefore falls within the City’s land use authority.
o City to co-host community engagement events with BART to gather input on development at the site.
o City and BART to enter into a Memorandum of Understanding outlining the project objectives, parameters, and timeline, City and BART roles and responsibilities, and including a commitment to preserve the existing skate park.
o Coordinate with BART, potential developers and/or the selected developer, utility providers, and other responsible agencies to share information and facilitate project design and application submittal.

City Council Agenda Report
Agenda Item No. 5.a
August 22, 2023
o Provide streamlined, by-right, staff-level review of development application, utilizing only objective design standards, pursuant to Programs 6 and 15.

The amended HEU also removes three small BART-owned parcels and two small City parcels that are not currently feasible for redevelopment and that are not necessary to meet the City’s RHNA. The amendments also remove a program to contact property owners adjacent to these parcels to encourage lot consolidation (Program 4, Objective 4.8).
 Comment: Provide further discussion regarding the factors that make the HEU’s identified nonvacant sites suitable for redevelopment, and tie these factors to examples of recent redevelopment projects.

Proposed Amendment: The amended HEU includes discussion of various site characteristics such as improvement to land value ratio, building age, floor area ratio, and building condition that can be evaluated to determine the likelihood of a site being redeveloped. The amendments include, where available, site-specific information for these characteristics in Table 2 of Appendix E. As discussed in the amendments, recent redevelopment projects in Concord are generally similar in these factors to the nonvacant sites identified in the HEU for potential redevelopment. See Appendix E, pages 17-19.
 Comment: “[S]pecifically indicate if the City has sufficient existing and planned total infrastructure capacity to meet the RHNA.

Proposed Amendment: Language to this effect has been added; see Appendix C, page 82.
 Comment: “[C]ommit to adjust assumptions and completing alternative actions within a specified timeframe (e.g., six months)” if production of accessory dwelling units (ADUs) does not meet the HEU’s projections.

Proposed Amendment: This commitment has been added to Program 1.  Comment: “[I]nclude a program with a schedule of actions to facilitate development on [the former Concord Naval Weapons Station or CNWS] site.” Proposed Amendment: The CNWS has been removed from the HEU’s sites inventory given the uncertain timeline around housing development there, and the fact that the City has adequate sites to meet its RHNA without the CNWS.  Comment: Revise the constraints analysis for height limits to assume 12 feet per story.

City Council Agenda Report
Agenda Item No. 5.a
August 22, 2023
Proposed Amendment: This revision has been made; see Appendix C, pages 28, 29, 35, 38 and 39.
 Comment: Include a program to increase height limits in the Residential High Density (RH), Community Office (CO), and Commercial Mixed Use (CMX) districts to allow 10 feet of height for every 10 dwelling units allowed per acre.

Proposed Amendment: As noted above, staff met with HCD staff on July 25 to discuss this comment. During this meeting HCD staff suggested alternate program language under which a focus group with housing developers would be conducted within the next year and building heights would be adjusted based on feedback from that focus group. This approach provides flexibility for the City to consider local data rather than a prescriptive, statewide “rule of thumb.” It should be noted that buildings over 85 feet (7 stories) but less than 100 feet will generally not be feasible in the current economic climate (construction costs vs. rents) because the California Building Code requires these buildings to be constructed with more expensive steel and concrete materials.  Comment: Analyze whether the current method of using a site’s net (rather than gross) acreage to calculate the density is a constraint, and include or modify a program, as appropriate.

Proposed Amendment: This analysis has been added to Appendix C, page 26.

Under the City’s definition of net acreage, most rights-of-way, easements and dedications are deducted from the site area when calculating the project’s density. The analysis concludes that this method does not pose a constraint for multi-family and mixed-use development, because these projects are typically located on a single parcel with no rights-of-way or similar features deducted. For residential subdivisions, the analysis concludes that while there may be a minor loss of density for some projects, this is offset by the additional low-density residential capacity resulting from the additional SB 9 units allowed under Program 9 (Objective 9.3).
 Comment: Address public comments regarding the City’s compliance with deadlines for determining the level of review required under the California Environmental Quality Act (CEQA) within 30 days of application completeness, as required by Public Resources Code Section 21080.2, and for rendering a decision on a project within 60 days of the CEQA determination, as specified in the Permit Streamlining Act (PSA) (Government Code Section 65950).

Proposed Amendment: Program 5, Objective 5.4 and Appendix C, page 54 of the amended HEU discuss this issue. Because the City does not consistently provide written CEQA determinations (other than at project approval), it does not

City Council Agenda Report
Agenda Item No. 5.a
August 22, 2023
currently provide consistent documentation of compliance with the 30-day deadline. Similarly, the City has not consistently met the 60-day deadline of the PSA when applicable. Accordingly, under Objective 5.4 of the amended HEU, the City commits to issuing written CEQA determinations consistent with Public Resources Code 21080.2 for all projects, and to taking all necessary actions to render decisions on development projects in compliance with Government Code Section 65950.
 Comment: “[C]ommit to removing constraints around requiring residents [of a dwelling unit] to be under a single lease agreement.”
Proposed Amendment: This is a typical HCD comment which has been provided to multiple cities in Contra Costa County and beyond. The Concord Development Code’s (CDC’s) current definition of “family” (CDC Section 18.20.030) imposes various operational criteria to control how a dwelling unit operates, including “[o]ccupation of the unit under a single lease if the unit is not occupied in part by the owner.” The requirement for a single lease and other operational criteria of the definition are difficult to enforce and viewed by HCD as a constraint. Program 2 of the adopted HEU commits to simplifying the definition of “family” to “ensure it does not pose a constraint to development and remove any requirements regarding sharing of common spaces between family members.” To address this comment, the amended HEU commits to removing the requirement regarding a single lease.
 Comment: “[I]dentify the length of time between receiving approval for a housing development and submittal of an application for building permits.” Proposed Amendment: This analysis has been added to Appendix C, page 55 of the amended HEU. Based on data from the past several years, the average period from project approval to building permit submittal is 11 months.6 Approval Findings
As noted above, state law requires HCD certification of an HEU for 2023-2031, and HCD has provided a letter with revisions that must be made in order to obtain certification. The adopted HEU is based on extensive community engagement and analysis regarding the City’s housing needs and satisfies the requirements of state housing element law, and the proposed amendments are consistent with previous community input and analysis. Staff anticipates that HCD will certify the 2023-2031 HEU with the attached amendments or find it to be in substantial compliance with minor edits that can be made by staff through the authority previously granted in Council’s adoption resolution.
6 The City does not control this timeline, it is the applicant’s responsibility to submit construction drawings following approval of the project.

City Council Agenda Report
Agenda Item No. 5.a
August 22, 2023
The attached resolution includes the following findings in support of the recommended approval:

1. The 2023-2031 HEU Amendments are in the public interest of the citizens of the City and the surrounding regions because it will guide the City’s efforts to preserve existing housing stock, promote a variety of housing types and affordability levels, promote housing for special needs groups, and affirmatively further fair housing in Concord.

2. Pursuant to the consistency requirements of Government Code Section 65300 et seq. and Concord Municipal Code Section 18.455.070(A)(1), the 2023-2031 HEU Amendments are internally consistent with all other provisions and elements of the General Plan.

3. Pursuant to Concord Municipal Code Section 18.455.070(A)(3), the proposed amendments will not be detrimental to the public interest, health, safety, convenience, or welfare of the City.

4. The adopted 2023-2031 HEU incorporated a comprehensive public participation process, including a survey, numerous workshops, study sessions, and public hearings to receive input from residents, businesses, and property owners. The current amendments to the HEU have been made available for public comment and are consistent with the public input received on the adopted HEU.

5. The amended 2023-2031 HEU substantially complies with state law, including Article 10.6 (Housing Elements) of the Government Code, and contains, as required by Government Code Section 65583, the following:
(a) An assessment of housing needs and an inventory of resources and constraints relevant to meeting these needs;
(b) A statement of the community’s goals, quantified objectives, and policies relative to the maintenance, preservation, improvement, and development of housing;
(c) A program that sets forth an 8-year schedule of actions to implement the policies and achieve the stated goals and objectives;
(d) Identification of adequate sites with appropriate zoning densities and infrastructure to meet the community’s need for housing, as reflected in the Regional Housing Needs Allocation (RHNA) for 2023-2031; (e) The removal of governmental constraints to housing development where appropriate and legally possible;
(f) A summary of fair housing issues in the jurisdiction and an assessment of the jurisdiction’s fair housing enforcement and outreach capacity; and (g) An analysis of available federal, state, and local data and knowledge to identify integration and segregation patterns and trends, racially or

City Council Agenda Report
Agenda Item No. 5.a
August 22, 2023
ethnically concentrated areas of poverty, disparities in access to opportunity, and disproportionate housing needs within the jurisdiction, including displacement risk.

Next Steps
If the Council adopts the proposed amendments, staff will submit the amended HEU to HCD for another certification review, which HCD will complete within 60 days. In addition to any revisions requested by the Council, the HEU submitted to HCD will include the following revisions, which were not included in the attached version due to schedule constraints:
 A program will be added describing the $1 million allocation in the state’s 2023- 24 budget for an affordable housing project by the Yellow Roof Foundation; the project location has not been determined at this time.
 The program to increase height limits in the RH, CO and CMX districts based on developer input will be revised as discussed above.
 The description of cannabis fund guidelines in AFFH Table 9 will be revised as discussed above.
 Any other revisions that HCD requests through their current informal review will be included. Staff anticipates that such revisions will be non-substantive and therefore permissible under the authority for further revisions granted to the City Manager under the HEU adoption resolution.

Financial Impact
The proposed amendments are relatively minor and the resulting new programs and modified programs can be implemented within resources already expected to be available for the adopted HEU.

In addition, the City has received or applied for the following grants which are contingent upon certification of the HEU:
 Permanent Local Housing Allocation (PLHA) – The City has been awarded $1.25 million in state PLHA funds and has allocated these funds to provide housing navigation, support services, and 6 to 12 months of rental subsidy to rapidly rehouse people experiencing homelessness (see HEU Program 22). The award remains valid; however, the City will not be able to draw these funds until the HEU is certified.
 One Bay Area Grant 3 (OBAG 3) – The City has been awarded OBAG 3 funding from the Metropolitan Transportation Commission for the following projects. If the City does not receive a certified Housing Element by December 31, 2023, these funds would be in jeopardy.

City Council Agenda Report
Agenda Item No. 5.a
August 22, 2023
o Galindo Street Multimodal Corridor Project ($3,361,290) – This project provides various mobility improvements between Salvio Street and Clayton Road including new Class I and Class II bike lanes on both sides, landscaping, vertical delineators, green conflict markings, high visibility crosswalks, and curb extensions.
o Willow Pass Road Bikeway Connection Project ($3,665,000) – This project will construct a protected Class IV cycle track along Willow Pass Road from Parkside Drive to Landana Drive, Class II bicycle lanes on Parkside Drive from Willow Pass Road to Salvio Street, and rapid flashing beacons and green conflict markings at key intersections.

Environmental Determination
Pursuant to the California Environmental Quality Act of 1970, Public Resources Code §21000, et seq., as amended and implementing state CEQA Guidelines, Title 14, Chapter 3 of the California Code of Regulations (collectively, “CEQA”), adoption of the amended HEU is exempt from further environmental review under CEQA Guidelines 15061(b)(3), because it is covered by the common sense exemption in that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Given that the amended HEU does not allow any specific development project or site specific rezoning, it can be seen with certainty that there is no possibility that the HEU may have a significant effect on the environment, and the HEU is not subject to CEQA.

Furthermore, in the event the HEU is subject to CEQA, the City prepared and adopted an Initial Study and Negative Declaration with a finding that the adopted HEU would not have a significant effect on the environment.7 The amended HEU does not substantially deviate from the adopted HEU and is consistent with the findings of this Initial Study and Negative Declaration. Therefore, no further environmental review is required under CEQA.

Public Contact
The Agenda was posted at City Hall and on the City’s website. Notification has been published in the East Bay Times at least 10 days prior to the public hearing, as required by state law and the Concord Municipal Code. This item has also been posted at City Hall and distributed to the HEU interested parties list and the City’s housing list at least 10 days prior to the public hearing.

A letter from East Bay Housing Organizations (EBHO) with suggested revisions in response to HCD’s comments is attached.
7 Adopted Initial Study/Negative Declaration available at: https://concordhousingelement.org/wp- content/uploads/2023/01/DRAFT_ISND_Concord-Housing-Element-Update-FINAL-01272023.pdf

City Council Agenda Report
Agenda Item No. 5.a
August 22, 2023
Attachments

1. Resolution
Exhibit A – Amendments to 2023-2031 Housing Element Update8 Exhibit B – Responses to HCD Letter dated May 19, 2023

2. HCD Letter dated May 19, 2023

3. Comments from East Bay Housing Organizations
8 Revised pages only; full document with revisions available at: https://concordhousingelement.org/wp- content/uploads/2023/07/Full-HE-TC_July-2023V2.pdf

Res. No. 23-XX 1

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Finding the Amendments to the 2023-2031
Housing Element Update (“2023-2031 HEU
Amendments”) Consistent with the Initial
Study/Negative Declaration for the Adopted 2023-2031
HEU; Finding the 2023-2031 HEU Amendments
Exempt Pursuant to CEQA Guidelines Section
15061(b)(3), the Common Sense Exemption; Finding the
2023-2031 HEU Amendments Substantially Comply
with Government Code section 65580 et seq. (“Housing
Element Law”); Approving a General Plan Amendment
adopting the 2023-2031 HEU Amendments;
Authorizing the City Manager or Designee to Make
Changes to the 2023-2031 HEU Amendments to Achieve
Internal Consistency or Address Non-Substantive
Changes or Amendments Requested by the Department
of Housing and Community Development to Certify the
2023-2031 HEU; and Making other Related Findings
and Delegations as Appropriate (PL23109 – GP)
Resolution No. 23-XX
/
WHEREAS, state Housing Element Law (Government Code Section 65580 et seq.) requires that the City Council adopt a Housing Element for the eight-year period 2023-2031 to accommodate the City of Concord (“City”) Regional Housing Needs Allocation (“RHNA”) of 5,073 housing units, comprised of 1,292 very-low income units, 744 low-income units, 847 moderate-income units, and 2,190 above moderate-income units; and WHEREAS, to comply with state Housing Element Law, the City adopted the 2023- 2031 Housing Element Update (“2023-2031 HEU”) on March 14, 2023 and identified sites that can accommodate housing units meeting the City’s RHNA; and WHEREAS, as provided in Government Code Section 65350 et. seq., adoption of the Housing Element (or amendments thereto) constitutes a General Plan Amendment; and WHEREAS, the preparation, adoption, and implementation of the Housing Element requires a diligent effort to include all economic segments of the community; and WHEREAS, pursuant to CEQA Guidelines Section 15063, on behalf of the City, Dudek

Res. No. 23-XX 2
prepared a draft Initial Study / Negative Declaration for the 2023-2031 HEU (“IS/ND”; State Clearinghouse #2023010598) which concluded that the 2023-2031 HEU would not have significant impacts on the environment; and
WHEREAS, pursuant to CEQA Guidelines Section 15073, a Notice of Intent to Adopt a Negative Declaration was circulated for public review for a period of 30 days, beginning on January 28, 2023 and ending on February 27, 2023; and
WHEREAS, as provided in Government Code Sections 65352 – 65352.5 the City referred the 2023-2031 HEU to all California Native American tribes on the contact list provided by the Native American Heritage Commission and to other entities listed; and WHEREAS, no California Native American tribe requested consultation; and WHEREAS, on February 27, 2023 the Planning Commission held a public hearing to consider the final draft HEU, and recommended its adoption by the City Council; and WHEREAS, on March 14, 2023, the City Council adopted the IS/ND and final draft HEU with revisions to clarify that Large Residential Care Facilities must comply with all objective criteria in order to be assured of approval, and that the City will only support a regional housing bond if there is a benefit to the City; and
WHEREAS, on March 24, 2023, after making additional non-substantive edits as authorized by the City Council, staff submitted the adopted HEU to the California Department of Housing and Community Development (HCD) for certification; and WHEREAS, on May 19, 2023, HCD provided comments on the adopted HEU, with additional revisions needed to substantially comply with state housing element law and obtain HCD certification; and
WHEREAS, on July 20, 2023, the City released proposed amendments to the 2023-2031 HEU responding to HCD’s comments (“2023-2031 HEU Amendments”, attached hereto as Exhibit A); and
WHEREAS, HCD requested the City make findings to demonstrate the likelihood of the development or redevelopment on non-vacant sites with lower income housing units; and

Res. No. 23-XX 3
WHEREAS, Appendix E, Adequate Sites Analysis of the 2023-2031 HEU Amendments provides substantial evidence of the likelihood of the development or redevelopment on non- vacant sites with lower income affordable housing units; and WHEREAS, in particular the Vacant and Underutilized Sites - Capacity Analysis and Realistic Capacity sections of Appendix E and the Programs section of the 2023-2031 HEU Amendments provide recent examples of non-vacant sites redeveloped for higher-density residential uses, statistics on the status of the sites selected, and programs to remove barriers to, and incentivize the development of market-rate and affordable housing; and WHEREAS, on August 2, 2023, the Planning Commission, after giving all public notices required by state law and the Concord Development Code, held a duly noticed public hearing on the 2023-2031 HEU Amendments and recommended that the City Council adopt the amendments; and
WHEREAS, on August 22, 2023, the City Council, after giving all public notices required by state law and the Concord Development Code, held a duly noticed public hearing on the 2023-2031 HEU Amendments; and
WHEREAS, the development, conservation, and rehabilitation of housing for households of all income levels residing within the City of Concord will be enhanced through the adoption of amendments to the 2023-2031 Housing Element Update; and WHEREAS, the City Council considered all oral testimony and written comments received during the public review process, the testimony and information received at the public hearing and the oral and written reports from City staff dated August 22, 2023, exhibits presented, pertinent plans and documents, as well as other documents contained in the record of proceedings relating to the 2023-2031 HEU Amendments, which are maintained at the offices of the City of Concord Planning Division (hereinafter referred to as “City Council Project Information”); and
WHEREAS, on August 22, 2023 the City Council, after consideration of the City Council Project Information and all other pertinent plans, documents and testimony, declared its

Res. No. 23-XX 4
intent to (1) find the amendments to the 2023-2031 Housing Element Update (“2023-2031 HEU Amendments”) consistent with the Initial Study/Negative Declaration for the adopted 2023-2031 HEU; (2) find the 2023-2031 HEU Amendments exempt pursuant to CEQA Guidelines Section 15061(b)(3), the common sense exemption; (3) find the 2023-2031 HEU Amendments substantially comply with Government Code section 65580 et seq. (“Housing Element Law”); (4) approve a General Plan Amendment adopting the 2023-2031 HEU Amendments; (5) authorize the City Manager or designee to make changes to the 2023-2031 HEU as amended by the 2023-2031 HEU Amendments to achieve internal consistency or address non-substantive changes or amendments requested by the Department of Housing and Community Development to certify the 2023-2031 HEU; and (6) make other related findings and delegations as appropriate (PL23109 – GP).

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

Section 1. The recitals above are true and correct and incorporated herein by reference.

The recitals constitute findings in this matter, and together with the City Council Project Information, serve as an adequate and appropriate evidentiary basis for the findings and actions set forth in this Resolution.

Section 2. CEQA

1. Pursuant to the California Environmental Quality Act (CEQA) of 1970, Public Resources Code Section 21000, et. seq., as amended and implementing State CEQA Guidelines, Title 14, Chapter 3 of the California Code of Regulations (collectively “CEQA”), adoption of the 2023-2031 HEU Amendments is exempt from further environmental review pursuant to CEQA Guidelines Section 15061(b)(3), because it is covered by the common sense exemption in that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Given that the 2023-2031 HEU Amendments do not allow any specific development project or site specific rezoning, it can be seen with certainty that there is no possibility that the 2023-2031 HEU Amendments may have a significant effect on the

Res. No. 23-XX 5
environment, and the 2023-2031 HEU Amendments are not subject to CEQA.

2. Although not required by CEQA based on the previous finding, in the event the 2023-2031 HEU Amendments are subject to CEQA, the City adopted an IS/ND for the adopted 2023-2031 HEU pursuant to CEQA Guidelines Section 15070, which further confirmed that the adopted 2023-2031 HEU would not have a significant effect on the environment; and the amended HEU does not substantially deviate from the adopted HEU and is consistent with the findings of this IS/ND; and there is no substantial evidence in light of the whole record before the City Council of the City of Concord that the 2023-2031 HEU Amendments would have a significant effect on the environment. Therefore, the 2023-2031 HEU Amendments do not warrant further environmental review. The CEQA determination reflects the independent judgement and analysis of the City as the lead agency for the 2023-2031 HEU.

Section 3. The City Council has reviewed, considered, and evaluated all of the City Council Project Information and all other pertinent plans, documents and testimony.

Section 4. 2023-2031 Housing Element Update

1. The 2023-2031 HEU Amendments are in the public interest of the citizens of the City of Concord and the surrounding regions because the 2023-2031 HEU will guide the City’s efforts to preserve existing housing stock, promote a variety of housing types and affordability levels, promote housing for special needs groups, and affirmatively further fair housing in Concord.

2. Pursuant to the consistency requirements of Government Code Section 65300 et seq. and Concord Development Code Section 18.455.070(A)(1), the 2023-2031 HEU Amendments are internally consistent with all other provisions and elements of the General Plan.

3. Pursuant to Concord Development Code Section 18.455.070(A)(3), the proposed amendments will not be detrimental to the public interest, health, safety, convenience, or welfare of the City.

4. The adopted 2023-2031 HEU incorporated a comprehensive public participation process, including a survey, numerous workshops, study sessions, and public hearings to receive

Res. No. 23-XX 6
input from residents, businesses, and property owners. The 2023-2031 HEU Amendments have been made available for public comment and are consistent with the public input received on the adopted HEU.

5. The 2023-2031 HEU with the attached amendments substantially complies with, and contains all provisions required by, state Housing Element Law, as provided in Government Code 65580 et seq., and, as shown in Attachment A to this resolution, incorporated herein. Such provisions include, but are not limited to:
(a) An assessment of housing needs and an inventory of resources and constraints relevant to meeting these needs;
(b) A statement of the community’s goals, quantified objectives, and policies relative to the maintenance, preservation, improvement, and development of housing; (c) A program that sets forth an 8-year schedule of actions to implement the policies and achieve the stated goals and objectives;
(d) Identification of adequate sites with appropriate zoning densities and infrastructure to meet the community’s need for housing, as reflected in the Regional Housing Needs Allocation for 2023-2031;
(e) The removal of governmental constraints to housing development where appropriate and legally possible;
(f) A summary of fair housing issues in the jurisdiction and an assessment of the jurisdiction’s fair housing enforcement and outreach capacity; and (g) An analysis of available federal, state, and local data and knowledge to identify integration and segregation patterns and trends, racially or ethnically concentrated areas of poverty, disparities in access to opportunity, and disproportionate housing needs within the jurisdiction, including displacement risk.

6. Based on the substantial evidence and information provided in the record, including Appendix E of the 2023-2031 HEU Amendments, that non-vacant sites with identified capacity for lower income housing are likely to either discontinue their existing use and develop

Res. No. 23-XX 7
for residential use or develop with residential use in addition to the existing use during the 2023- 2031 planning period, and therefore do not constitute an impediment to planned residential development on the site during the planning period.

7. As required by Government Code Section 65585(e), the City Council has considered the findings made by HCD in its letters to the City dated November 14, 2022 and May 19, 2023, consistent with Government Code Section 65585(f), and as described in Exhibit B to this resolution, incorporated herein, the Housing Element has been revised in response to the findings of the Department to substantially comply with the requirements of state Housing Element Law as interpreted by HCD.

8. The City Council does hereby find that: (1) the 2023-2031 HEU Amendments consistent with the IS/ND for the adopted 2023-2031 HEU; (2) the 2023-2031 HEU Amendments exempt pursuant to CEQA Guidelines Section 15061(b)(3), the common sense exemption; and (3) the 2023-2031 HEU Amendments substantially comply with Housing Element Law.

9. The City Council does hereby approve a General Plan Amendment adopting the 2023-2031 HEU Amendments (PL23109 – GP).

10. The City Council does hereby authorize the City Manager or designee to file all necessary material with HCD for HCD to certify the 2023-2031 HEU and authorize and direct the City Manager or designee to make all non-substantive changes or amendments to the 2023- 2031 HEU as amended by the 2023-2031 HEU Amendments to achieve internal consistency or address any non-substantive changes or amendments requested by HCD to certify the 2023-2031 HEU.

Section 6. This resolution shall become effective immediately upon its passage and adoption.
//
//
//

Res. No. 23-XX 8
PASSED AND ADOPTED by the City Council of the City of Concord on August 22, 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

I HEREBY CERTIFY that the foregoing Resolution No. 23-XX was duly and regularly adopted at a regular meeting of the City Council of the City of Concord August 22, 2023 Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney
Attachments: Exhibit A - 2023-2031 Housing Element Update Amendments, dated July 26, 2023
Exhibit B – Responses to HCD Comment Letter Dated May 19, 2023

Page | 11 City of Concord: 6th Cycle Housing Element
Accessory Dwelling Units
• The City has amended its ordinance establishing standards and regulations for accessory dwelling units (ADU) and junior accessory dwelling units (JADU), consistent with and in certain instances more permissive than State law (Government Code Section 65852.2).
• The City reviews, approves, and tracks the timely review of ADU building permit applications. The Community Development Department collects data annually on building permit issuance and construction of ADUs for the Housing Element Annual Progress Report.
• The City has dedicated $310,000 in grant funds and is in the process of establishing pre- approved Accessory Dwelling Unit building permit ready plan sets, which will be made available to the public free of charge. The program will establish six sets of floor plans of various sizes and shapes with assorted architecture styles to match Concord’s existing housing stock.
• Since 2018, the City is averaging the construction of 38 Accessory Dwelling Units per year, which is expected to increase further due to the removal of barriers for their development as well as making plans publicly available at no cost to the public.

General
• The City continually monitors pending State housing legislation, policies, and funding, and advocates for changes that will increase affordability and homeownership opportunities and reduce the risk of displacement and homelessness in Concord. As an example of such advocacy, on May 9, 2022, the City Council sent a letter to the Assembly Appropriates Committee supporting AB 2170, a pending bill that would promote homeownership by giving owner -occupants and public entities a “First Look” at purchasing bank -owned properties and prohibiting “bulk sales” of foreclosed homes.

1.6 Program Implementation
Program 1: Accessory Dwelling Units
The City has amended its ordinance establishing standards and regulations for accessory dwelling units (ADU) and junior accessory dwelling units (JADU), consistent with and in certain instances more permissive than State law (Government Code Section 65852.2). The City submitted the updated ordinance to the State Department of Housing and Community Development (HCD) in July 2021 for its review, is still awaiting HCD’s comments, and will incorporate amendments, as required by HCD, upon receipt of comments. Further, the City will develop and adopt a program that incentivizes and promotes the creation of ADUs that can be offered at an affordable rent for extremely low -, very low -, low -, or moderate- income households or households with special housing needs (Assembly Bill [AB] 671, 2019).

EXHIBIT A

Page | 12 City of Concord: 6th Cycle Housing Element
In addition, the City reviews, approves, and tracks the timely review of ADU building permit applications. The Community Development Department collects data annually on building permit issuance and construction of ADUs for the Housing Element Annual Progress Report. As part of this program, the Community Development Department commits to continued monitoring of ADU development, including approved affordability of each unit.

Further, the City will develop a web-based “ADU Toolkit,” which will include Frequently Asked Questions (FAQs), development standards, financial/regulatory incentives (once adopted), an overview of the permit process, required forms, and permit- ready ADU construction- level drawings to allow for “off-the shelf” ADUs. The ADU Toolkit will assist with the promotion and streamlining of the production of ADUs by providing information in one location along with guidance on navigating the permit process. Permit ready plans will encourage the construction of ADUs by reducing the cost through the availability of a selection of pre -approved ADU building plans that will be available on the City’s website free of charge. The City will conduct robust outreach by promoting to the community in both English and Spanish the availability of the pre-approved ADU plans through social media, the newspaper, the City’s website and e- newsletter with more than 10,000 subscribers, notification to housing groups/advocates, a freeway oriented digital reader board, and meetings with the various business groups (e.g. , Chamber of Commerce) and local lumber and hardware stores.

The City will also conduct outreach and education to ADU owners and Senate Bill ( SB) 9 applicants regarding compliance with fair housing and tenant protection laws, including SB 329 and SB 222, which prohibit discrimination against tenants using Housing Choice (Section 8) vouchers to pay rent. The City will include resources on these topics in the ADU Toolkit and at the Permit Counter (see Program 8, Objective 8. 2).

Objective(s)/
Timeframe(s)
• 1.1: Coordinate with HCD and update ADU Ordinance within 12 months of receipt of HCD’s findings.
• 1.2: Amend ADU Ordinance, if needed, to conform to future amendments to State law and submit to HCD within 60 days of adoption.
• 1.3: Monitor the development of ADUs , including
affordability, and collect and report data for the Housing Element Annual Progress Report annually. If after 2 years6 months from certification , the City is not meeting its anticipated ADU production targets, the City will adjust ADU projection assumptions accordingly and identify capacity to accommodate the housing need.
• 1.4: Develop and adopt an affordable ADU incentive program by April 2025. Regulatory and financial incentives will be selected, such as a reduction in development regulations or a waiver of parking requirements.
• 1.5: Develop and make publicly available permit-ready ADU plans by October 2022.

Page | 13 City of Concord: 6th Cycle Housing Element
• 1.6: Develop and release a comprehensive web-based “ADU Toolkit” including permit- ready plans, FAQs, development standards, financial/regulatory incentives (once adopted), an overview of the permit process, required forms and
information regarding fair housing and tenant protection laws by March 2023.

Responsible Agency Community Development Department
Funding Sources City General Fund and SB2 Funds
Relevant Policies 1.1, 1.2, 1.3, 1.4, 1.7, 1.8, 3.1
Fair Housing Issue Disproportionate Housing Needs and/or Integration/Segregation and or/ Disparities in Access to Opportunity
Contributing Factor(s) The availability of affordable units in a range of sizes; location and type of affordable housing.

Action Type Mobility Strategies, New Housing Choices and Affordability in Areas of Opportunity.

Program 2: Addressing Constraints to Development
Constraints to achieving maximum densities and providing a variety of housing types have been identified in Appendix C. The City will further address constraints to the development of housing, including housing for extremely low-income households and housing for persons with disabilities. This will include amendments and clarifications to the City’s Development Code related to how manufactured housing is permitted, the inclusion of objective criteria to determine when a Neighborhood Meeting is required , increasing the maximum permitted heights in the Residential High (RH), Community Office (CO), and Commercial Mixed Use (CMX) zones, and clarifying language related to hillside development permits.

The City will further remove barriers to housing, especially for vulnerable populations and those with special housing needs , through the following additional amendments to the City’s Development Code:
• Simplify the definition of a “family” to ensure it does not pose a constraint to development and remove any requirements regarding sharing of common spaces between family members and the requirement for households within a single rental unit to be under the same lease agreement.
• Require only objective criteria to ensure approval certainty for large residential care facilities (seven or more persons) that meet all applicable objective criteria (to be paired with the objective design standards in Program 15).

Objective(s)/Timeframe(s) To permit a variety of housing types consistent with State law and ensure that maximum densities can be achieved , the City

Page | 14 City of Concord: 6th Cycle Housing Element
will implement the following amendments to its Development Code by December 2025:
• 2.1: Allow manufactured housing on a permanent
foundation in the same manner as other single family uses in the same zone.
• 2.2: Provide objective criteria for determining when a Neighborhood Meeting is required for housing
development.
• 2.3: Clarify the difference between a minor and major hillside development permit and associated procedures.
• 2.4: Amend the definition of “family” to simplify the definition and remove any constraints such as a llowing separate households living within a single rental unit to occupy the unit under separate lease agreements, if
desired.
• 2.5: Require only objective criteria for large residential care facilities (seven or more persons).
• 2.76 Increase the maximum permitted heights in the RH, CO, and CMX zones to allow at least 10 feet of height for every 10 dwelling units per acre permitted by the zone.

Responsible Agency Community Development Department
Funding Sources City General Fund
Relevant Policies 1.2, 1.8, 3.7
Fair Housing Issue Disparities in Access to Opportunities Contributing Factor(s) Regulatory barriers to providing housing as required by new State law.

Action Type New Housing Choices and Affordability in Areas of Opportunity

Program 3: Affordable Housing Development Toolkit
The City will actively work with the development community to assist in the development of affordable housing, especially housing for extremely low -income households and households with special housing needs. The City will develop an Affordable Housing Toolkit that will provide detail s on available resources to assist the development community in affordable housing production. These resources will include guidance on navigating development permit processes, available affordable housing incentives, a map of available underutilized and vacant sites, and notices of City funding available to provide financial assistance in affordable housing development.

Page | 15 City of Concord: 6th Cycle Housing Element
The Affordable Housing Toolkit will be made available on the City website, and will carry out the following:
• Promote the availability of sites and engage developers through resources that support development activity. This will include, at minimum, an online map of vacant and underutilized sites identified in the Sites Inventory, with site area, zoning, and other information including a list of surplus land.
• Maintain information on the City's website that applies to any proposal for a housing development project , including a current schedule of fees, exactions, applicable affordability requirements, all zoning ordinances, development standards, and annual fee reports or other relevant financial reports to ensure consistency with AB 1483. • Maintain a list of notices of City funding available to provide financial assistance in affordable housing development.
• Maintain a link to State and federal low -interest land acquisition/construction funds available for development of housing affordable to extremely low -, very low-, low-, and moderate-income households.

Further, the City will continue to offer a centralized, one-stop counter for permit processing to streamline the development process to provide preliminary application reviews to assist applicants with the filing process.

Objective(s)/Timeframe(s) • 3.1: Develop an Affordable Housing Development Toolkit by December 2023 to provide the aforementioned
resources, as well as any additional resources that may be useful in assisting developers.
• 3.2: Continue to provide a centralized virtual and/or in- person, one- stop counter for permit processing to
streamline the development process to provide
preliminary application reviews to assist applicants with the filing process.

Responsible Agency Community Development Department
Funding Sources City General Fund
Relevant Policies 1.1, 1.2, 1.5, 1.7, 2.5, 3.1, 3.5, 3.6 Fair Housing Issue Outreach
Contributing Factor(s) Lack of a variety of media and the availability of affordable units in a range of sizes.

Action Type New Housing Choices

Program 4: Annual Progress Reports and Publicly Owned Lands Annual Progress Reports

Page | 16 City of Concord: 6th Cycle Housing Element
The City will continue to report annually on the City’s progress toward implementation of the programs identified in the Housing Element and toward its 8-year RHNA housing production targets, including units that have been substantially rehabilitated, preserved or acquired, consistent with the standards set forth in Government Code S ection 65583.1, subdivision (c) (AB 879, 2017). City staff will present the Housing Element Annual Progress Report (APR) to the City Council for review through an annual housing forum before submitting to the State Housing and Community Development Department, in accordance with the requirements of Government Code Section 65400. Through the annual housing forum, the City will invite local housing advocacy groups, developers, and other interested parties to engage in a discussion on housing needs, resources, and ideas.

In addition to the Housing Element APR, the City also prepares an APR on the General Plan. The City will continue to prepare a General Plan APR, and through this report, the City will conduct an internal consistency review to ensure that there are no conflicts between the General Plan elements.

Surplus Lands
The Cit y will maintain compliance with the Surplus Land Act throughout the 2023 -2031 planning period and will identify and prioritize local surplus lands available for housing development affordable to lower -income households and report on these lands annually through the Housing Element APR. ( AB 1255, 2019; AB 1486, 2019) . The City will conduct annual outreach to local affordable housing developers to establish a notification list, which will ensure interested developers are notified of the availability of surplus lands prior to their disposal. The City will ensure that surplus lands used for affordable housing will provide a minimum of 25% of the total number of units developed as affordable to lower -income households. On May 24, 2022, two C ity-owned sites within Concord were declared as surplus land. These sites have been identified to accommodate a portion of the City’s RHNA, and the City will facilitate the development of these sites as follows:

Clayton Road/Galindo Street consists of an approximately 3.09-acre vacant site (APN 126143012) identified as Site #8 in the Lower Income Sites Identified Analysis of Appendix E. This site has been identified to accommodate 309 units of the City’s lower - income RHNA. To facilitate the development of this site, the City issued a Notice of Availability (NOA) on November 2, 2022 to solicit proposals from affordable housing developers, which closed in January 2023. In response to the NOA the City received six proposals for housing developments all consisting of 100% affordable units. City staff is currently negotiating with all six proposers to determine which proposal to recommend to the City Council for acceptance and further negotiations toward a Disposition and Development Agreement. Pursuant to the Surplus Lands Act, those interested parties proposing developments that yield the highest number of affordable units shall be prioritized. The City will commit to a proposal by January 2024 and target completion of an exclusive negotiation/developer agreement by July 2024. The City will target the issuance of land use entitlements by December 2026. Incentives offered for affordable housing development include but are not limited to reduced open space requirements,

Page | 17 City of Concord: 6th Cycle Housing Element
increased permitted height, reduced and deferred fees, and reduced parking requirements.

Laguna Street/Mount Diablo Street consists of an approximately 4.1 -acre vacant site (APNs 126122024 and 126112026), identified as Sites #5 and #6 in the Lower Income Sites Identified Analysis of Appendix E. This site has been identified to accommodate 410 units of the City’s lower-income RHNA and the City Council has declared this site as surplus. To facilitate the development of this site, the City will release a Notice of Availability by July 2024 and give priority to qualifying affordable housing development proposals, as described above for the Clayton Road/Galindo Street site. The City will commit to a proposal by December 2024 and target completion of an exclusive negotiation/developer agreement by June 2025. The City will target the issuance of land use entitlements by December 2027.

Publicly Owned Sites Identified
The City has identified a publicly owned site to accommodate a portion of its RHNA. The City will facilitate the development of this site as follows:

Monument Boulevard near Concord BART Station 1 is located between Cowell Road and Systron Drive along Monument Boulevard and is owned by the Bay Area Rapid Transit District (BART). This site is identified in Appendix E and will accommodate 671 units of the City’s above moderate- income RHNA and 111 units of the City’s moderate- income RHNA. BART’s process for the development of this site will would retain public BART ownership and involve a competitive developer selection process the release of a request for proposals to develop the site using a long-term ground lease with a housing developer. Through coordination with BART, the City has identified this as a site with realistic development potential and the City will further support the development of this site through continued coordination with BART. BART is in the process of updating its work plan, which prioritizes its site for development over the next ten years. The City has provided feedback to BAR via a survey and follow up conversations regarding its interest in prioritizing this site for housing development. BART staff has confirmed that this site is not subject to AB 2923 because less than 75% of the parcel is within one-half mile of a BART station. Therefore, the City will retain its current zoning authority over development at the site, although Programs 6 and 15 will streamline future multi-family development as with other sites.

The following actions are based on conversations with BART staff regarding BART’s typical development process. To facilitate the development of this site, the City will coordinate with BART and community-based organizations, initiate a community input process, enter into a Memorandum of Understanding with BART, provide streamlined, by-right, staff-level review of a development application, utilizing only objective design standards, pursuant to Programs 6 and 15, and take other actions (described in Objective 4.6 below) to facilitate affordable housing development at this site. issue a

1 This site does not include the portion currently occupied by the skate park.

Page | 18 City of Concord: 6th Cycle Housing Element
letter affirming its support of the development, collaborate with BART, and address any necessary Code amendments to ensure the City’s development standards are in conformance with BART’s TOD Guidelines adopted to AB 2923.

In addition, to facilitate the development of small publicly owned sites identified in the sites inventory that are adjacent to privately owned parcels, the City will contact property owners adjacent to such sites to determine interest in purchasing such sites (or selling their sites) f or lot consolidation and potential housing development by December 2024.

Educational Agency-Owned Properties
The City will support housing development projects on sites owned by local educational agencies by adopting an ordinance by December 2025 to facili tate the development of these sites through expedited processing for such projects . The updated ordinance will allow densities of at least 30 dwelling units per acre on infill sites and will require at least 30% of units to be offered for lower-income-earning households.

Page | 19 City of Concord: 6th Cycle Housing Element
Objective(s)/Timeframe(s) • 4.1: Conduct a housing forum annually and r eport to the City Council and the community on Housing Element
progress.
• 4.2: Identify and prioritize surplus lands available for lower-income housing development annually and report
on these annually by April 1st through submittal of the APR.
• 4.3: Annually conduct outreach to local affordable housing developers through email notifications to establish a
notification list for City surplus lands.
• 4.4: As a part of the General Plan Annual Progress Report, review the General Plan for internal consistency.
• 4.5: Release notice of availability for Laguna Street/Mount Diablo Street site no later than July 2024 , commit to a proposal by December 2024 and target completion of an
exclusive negotiation/developer agreement by June 2025.

The City will target the issuance of land use entitlements by December 2027.
• Commit to a proposal for Clayton Road/Galindo Street by January 2024 and target completion of an exclusive
negotiation/developer agreement by July 2024. The City
will target the issuance of land use entitlements by
December 2026.
• 4.6: Within 90 days of c ertification, the City will
collaborate with BART to discuss the necessary steps for pursuing development of its Monument Boulevard site
and determine if amendments to the Development Code
are necessary to align with BART’s TOD Guidelines. The
City will co mplete any necessary amendments by
December 2024. The City will take the following actions to facilitate housing development at the site within the HEU cycle (by 2031):
o No later than December 2024, co-host with BART
community engagement that may include an on-
site open house and an online survey to gather
input on development objectives for the site such
affordability, access improvements , on -site
services and amenities, and other relevant
information.
o Coordinate with BART and community -based
organizations focused on affordable housing in
the Monument Corridor to help create and boost
participation in community meetings and survey
responses.

Page | 20 City of Concord: 6th Cycle Housing Element
o No later than December 2025, enter into a
Memorandum of Understanding with BART
outlining the project objectives, parameters, and
timeline, City and BART roles and
responsibilities, and a commitment to preserve
the existing skate park.
o No later than June 2026, coordinate with BART to
ensure that BART’s developer solicitation for the
site accurately reflects the site’s allowable
density, other development and de sign
standards, community objectives, and known
constraints.
o Notify affordable housing developers when
BART conducts developer solicitation for the site.
o Prioritize the site for funding applic ations and
support BART and the selected developer in
submitting funding applications to facilitate pre-
development and delivery of the project, as well
as access improv ements to provide safe
connections for the project and within the
surrounding area.
o Coordinate with BART, potential developers
and/or the selected developer, utility providers,
and other responsible agencies to share
information and facilitate project design and
application submittal.
o Provide streamlined, by -right, staff-level review
of development application, utilizing only
objective design standards, pursuant to
Programs 6 and 15.
• 4.7: Adopt an ordinance to facilitate housing development on property owned by educational agencies by December
2025.
• 4.8: Contact property owners adjacent to publicly owned sites (including BART sites) to determine interest in
purchasing such sites (or selling their sites) for lot
consolidation and potential housing development by
December 2024.

Responsible Agency Community Development Department
Funding Sources City General Fund
Relevant Policies 1.1, 2.1, 2.5
Fair Housing Issue Fair Housing Enforcement and Outreach Capacity Contributing Factor(s) Lack of Fair Housing resources.

Page | 21 City of Concord: 6th Cycle Housing Element
Action Type New Housing Choices and Affordability in Areas of Opportunity, Mobility Strategies

Program 5: Affordable Housing Streamlining
To further assist in the development of housing for extremely low -, very low -, low -, and moderate-income households, the City provides a streamlined approval process in accordance with State requirements for qualifying affordable housing development proposals (SB 35),2 and will continue to report on such proposals in the Housing Element Annual Progress Report.

Further, the City will continue to update its SB 35 application forms and procedures based on any future changes to State law. Although the City is already implementing SB 35 , the Development Code has not been updated to be consistent with SB 35 ; therefore, the City will amend its Development Code to include the State law requirements and will continue to update to remain consistent with State law. The City will continue to implement the provisions of SB 35 throughout the planning period and will process 100% of qualifying projects ministerially.

Additionally, the City does not consistently comply with deadlines established by the Permit Streamlining Act; therefore the City shall initiate a standard operating procedure wherein the Planning Director determines if a project is exempt from CEQA within 30 days after deeming a development application complete. The 30-day timeframe is required by Public Resources Code 21080.2. In the event a project is found to be exempt from CEQA, then provisions of the Permit Streamlining Act shall apply and the application shall be processed within 60 days (Gov. Code 65950(a)(5)).

Objective(s)/Timeframe(s) • 5.1: Amend the Development Code to expand development permit streamlining consistent with State
law by December 2026.
• 5.2: Process all SB 35 applications consistent with State law throughout the planning period.
• 5.3: Update the City’s application forms, procedures, and Development Code to reflect any future changes to State law, throughout the planning period.
• 5.4: Initiate standard operating procedure for compliance with the Permit Streamlining Act within 30 -days of
Housing Element compliance. The City will commit to
issuing written CEQA determinations consistent with
Public Resources Code 21080.2 for all p rojects. The City will commit to taking all necessary actions to render
decisions on development projects in compliance with
Government Code Section 65950.

2 Under Government Code Section 65913.4 (commonly referred to as “SB 35”), multifamily housing developments that satisfy objective planning standards—among other requirements—may be approved through a streamlined, ministerial approval process in certain jurisdictions, including the City of Concord. Developments approved through the streamlined approval process are not subject to a Conditional Use Permit or to the California Environmental Quality Act (CEQA).

Page | 24 City of Concord: 6th Cycle Housing Element
the MFIP for rental housing enforcement conditions/ inspections. In addition, the City will ensure its website remains up to date with code enforcement and substandard housing resources.

Objective(s)/Timeframe(s) • 7.1: Continue to administer the MFIP and Self - Certification Program option for qualifying properties
throughout the planning period.
• 7.2: Through the complaint- driven inspections, Building Division staff will make property owners aware of current resources on the City website to assist with the
remediation of violations, within 90 days of receipt of a complaint.
• 7.3: Maintain up-to-date Building Code enforcement and substandard housing resources to ensure they are easily accessible to all residents, including extremely low -, very low-, low- and moderate-income households throughout
the planning period.

Responsible Agency Building Division; Community Development Department Funding Sources City General Fund
Relevant Policies 1.5, 2.1, 2.2, 2.5, 4.1
Fair Housing Issue Racially and Ethnically Concentrated Areas of Poverty and/or Disparities in Access to Opportunity for Persons with
Disabilities
Contributing Factor(s) Deteriorated and abandoned properties; Lack of assistance for housing accessibility modifications
Action Type Place-Based Strategies to Encourage Community Conservation and Revitalization

Program 8: Fair Housing
The City seeks to expand the range of housing opportunities, including for residents with low and moderate incomes, older adults, people with disabilities, large families, female- headed households with children, and people experiencing homelessness. To make adequate provision for the housing needs of all segments of the community, the City must ensure equal and fair housing opportunities are available to all residents . The City will continue to advance fair housing through continued implementation of the following actions:
• Analysis of Impediments to Fair Housing Choice – As part of the Contra Costa County Consortium, the City participates in the regional Analysis of Impediments to Fair Housing Choice. The City will continue to collaborate in the Analysis of Impediments to Fair Housing Choice for the Contra Costa County Consortium and continue to work with

Page | 25 City of Concord: 6th Cycle Housing Element
the Contra Costa CDBG/HOME Consortium to reduce impediments to fair housing choice.
• Eden Council for Hope and Opportunity (ECHO) Fa ir Housing – The City contracts with ECHO Fair Housing (ECHO) for fair housing services. Services provided by ECHO include fair housing testing and counseling . Additionally, ECHO operates a rent review and eviction harassment program for the City. The City will continue to contract with ECHO to provide fair housing, tenant- landlord counseling, mediation, education, and outreach services.

The City makes information available on fair housing services in both English and Spanish and will continue to distribute resources to residents.

In addition to continuing those fair housing programs that the City already participates in, the City is committed to the following additional actions to affirmatively further fair housing:
• Funding Sources – A regional housing trust fund can leverage housing funds to bring state and federal money to the region, increasing funds to support affordable housing activities. In 2019 AB 1487 was signed into law, establishing the Bay Area Housing Finance Authority (BAHFA) . BAHFA is the first public entity focused entirely on the region’s housing needs in the Bay Area. This bill allows BAHFA to place new funding measures on the ballot in the nine Bay Area counties, enabling the region to raise up to $1.5 billion annually for housing. Assuming a benefit to Concord, Concord will support BAHFA’s regional $10 billion general obligation bond on the ballot in November 2024.

On November 2, 2020, Contra Costa County voters passed Measure X, a countywide half- cent sales tax with collection of the tax beginning on April 1, 2021. Measure X includes funding ($10 million in year one and an ongoing annual allocation of $12 million) for the establishment of an affordable housing trust fund with a top priority of building permanent housing for households earning less than 50% of the Area Median Income.

Given these new affordable housing revenue streams and the County’s efforts to establish a housing trust fund, Concord will advocate for and participate during the County’s annual needs assessment to ensure the funding of affordable housing remains an identified priority, as needed and seek to collaborate or establish a partnership with the County for funding projects and programs in Concord.
• Community Land Trust – Community Land Trusts (CLTs) are comm unity-based non- profit organizations that retain ownership of property to maintain affordability. CLTs provide a mechanism for creating affordable homeownership opportunities and maintaining long-term affordability, increasing opportunities for upward mobility. To support the formation of CLTs in Concord, the City will include the topic of CLTs as an agenda item for discussion with the Contra Costa County Consortium. Through this effort, the City can raise awareness of CLTs and work at the regional level to develop opportunities for the Contra Costa County Consortium to attract outside experts that can support communities in the formation of a CLT, increasing opportunities for community ownership of housing.
• Increased Opportunity in Higher Resource Areas and Areas of Affluence – Allowing for the development of multifamily residential uses across the City can increase

Page | 26 City of Concord: 6th Cycle Housing Element
opportunities for existing and future residents to live where they choose. To increase geographic equity and opportunities for residents, the City will identify and rezone areas appropriate for medium and high residential densities, specifically in moderate- and high-resource areas with majority white population , based on the Racially Concentrated Areas of Affluence in Appendix D, Bay Area Equity Atlas map, or other appropriate data sources, with consideration for access to amenities, infrastructure, and/or public transit.

The rezone will increase new housing choices, affordability , and upward mobility through access to opportunity and integration in historically segregated areas of affluence.

Objective(s)/Timeframe(s) • 8.1: Continue to participate in the Analysis of Impediments to Fair Housing Choice every 5 years.
• 8.2: Continue contract with qualified service provider (s) for fair housing counseling, education, and outreach
services throughout the planning period. Outreach shall be multilingual, place-based and targeted toward low-
resource areas with high rates of racial/ethnic diversity and poverty , will occur at least twice per year, and will include the following actions:
a) Partner with community-based organizations (CBOs)
that serve these areas to identify and implement the
most effective outreach methods.
b) Release bilingual (English and Spanish)
communications at least twice per year, and within 60
days of any new fair housing programs or policies
becoming effective.
c) Hold at least three in- person education and
information meetings with Spanish translation during
the planning period, and at least one meeting entirely
in Spanish by January 2024.
d) Promote voucher mobility by i nforming residents of
laws against source of income discrimination.
e) Partner with CBOs serving persons with disabilities to increase awareness of requirements for reasonable
accommodations under the Americans with
Disabilities Act.
f) Inform residents o f available housing programs
including, but not limited to, homeownership
assistance (Program 10), rehabilitation assistance
(Program 17) , tenant protections (Program 20) ,
special housing needs (Program 21), and place-based
investments (Program 26).

Page | 27 City of Concord: 6th Cycle Housing Element
g) If financially feasible, conduct outreach in ad ditional languages (other than English and Spanish) based on
data collected in Objective 26.6.
• 8.3: Continue to fund contract with a qualified service provider throughout the planning period to conduct place- based programs aimed at increasing upward mobility for
low-income Concord residents.
• 8.4: Within 3 months following the adoption of program guidelines for the award and distribution of Measure X
affordable housing trust funds, coordinate with Contra
Costa County staff to determine potential funding that will be available for programs and/or projects within Concord.

If necessary to meet Concord’s housing needs, continue
coordinating with County staff and elected officials within 1 year of adoption of Measure X guidelines to evaluate and advocate for potential expansion of Measure X affordable housing fun ds including the evaluation of a partnership between the City and County.
• 8.5: By December 2023, coordinate with Bay Area Housing Finance Authority (BAHFA) to determine potential
funding that will be available to programs and/or projects within Concord and assuming a benefit to Concord,
support the placement of BAFHA’s regional $10 billion
general obligation bond on the ballot in November 2024. • 8.6: Rezone sites to increase multifamily residential options in moderate- and high -resource areas with a
majority white population. Rezoned sites must meet the
following criteria:
a) located in Racially Concentrated Areas of Affluence or other moderate- or high -resource areas with a
majority white population;
b) combined area of at least 20 acres;
c) maximum density of at least 60 dwelling units per
acre;
d) accommodate at least 1,000 total dwelling units;
e) adequate access to infrastructure,
strong development potential; and
f) low potential for displacement of lower -income
households.

Begin the rezone process by December 202 3 by
conducting outreach, analyzing opportunities, and
completing a CEQA analysis to finalize the rezone by
December 202 4. Within 6 months of completion of the
rezone, work with property owners to proactively identify

Page | 28 City of Concord: 6th Cycle Housing Element
prime sites, notify affordable housing developers, and
provide technical assistance and priority processing for affordable project s without assessing an additional
charge, and include the information in the Affordable
Housing Toolkit.
• 8.7: Bring forward community land trusts as an item on the Contra Costa County Consortium Agenda by July 2024
to initiate a discussion on establishing a community land trust by providing funding for an outside expert, which can acquire existing properties for long-term affordability and a pathway to ownership within the planning period.
• 8.8: Contract with qualified service provider to conduct at least three training sessions during the planning period for rental property owners on fair housing laws, with place - based targeted outreach to owners in moderate- and high- resource areas with majority white populations. Training shall include avoiding discrimination based on income,
source of income (e.g., Housing Choice Vouchers) or other protected classes, and requirements for reasonable
accommodation under the Americans with Disabilities Act.

Include this information in the web-based ADU toolkit, SB 9 application materials, and at the Permit Counter.
• 8.9: Continue contract with qualified service provider throughout the planning period to conduct at least five phone calls/inquiries per year to test compliance with fair housing laws, e.g., by having people of color or those with foreign accents attempt to obtain housing, evaluate
property owner/manager responses, and report apparent
violations to responsible authorities.

Responsible Agency Community Development Department
Funding Sources Federal/Local Grant Funds
Relevant Policies 3.1, 3.2, 3.3, 3.4, 3.5, 3.6, 3.7, 4.1, 4.2, 4.3 Fair Housing Issue Disproportionate housing needs and disparities in access to opportunity.

Contributing Factor(s) Location and type of affordable housing and access to financial services.

Action Type Mobility Strategies, Protecting Existing Residents from Displacement, New housing choices and affordability in areas of opportunity,

Program 9: Middle Density

Page | 31 City of Concord: 6th Cycle Housing Element
including removing exemption for rental and condo units by December 2024.
• 10.2: Continue to provide pathways to homeownership
through the MCC program throughout the planning period
through annual notifications to the City’s interested
parties list and publication to the City’s website.
• 10.3: Continue to provide at least three loans per year to first time home buyers and continue to work with a
qualified service provider to monitor compliance of
regulated ownership units.
• 10.4: Conduct targeted outreach regarding
homeownership programs to residents of low-resource
areas with high racial/ethnic diversity and poverty ; see Objective 8.2 for specific outreach methods and frequency.

Responsible Agency Community Development Department ; Contra Costa County Department of Conservation and Development; Contra Costa County Housing Authority
Funding Sources City General Fund; City’s Affordable Housing Funds, Community Development Block Grants, Contra Costa County Funds
Relevant Policies 1.3, 1.5, 1.7, 2.2, 2.4, 3.1, 3.5, 4.1 Fair Housing Issue Disproportionate Housing Needs
Contributing Factor(s) Lack of sufficient affordable housing and displacement risk Action Type Enhancing housing mobility strategies ; improving place-based strategies to encourage community conservation and
revitalization, including preservation of existing affordable housing; and protecting existing residents from displacement.

Program 11: Incentives to Assist in Development
The City will continue to provide financial and regulatory incentives to proactively encourage and facilitate the development of affordable housing for lower-income households, particularly those with extremely low incomes and special housing needs including large households, older adults, and persons with physical or developmental disabilities. Incentives include streamlined ministerial approval, reduced fees, parking reductions, and direct financial allocations to assist in the development of housing. The City will continue to promote the availability of development incentives through email notifications to the development community and interested parties and will update its website within 60 days of ordinance revisions or program development.

This includes the following incentives that are currently offered by the City:

Page | 32 City of Concord: 6th Cycle Housing Element
• Density Bonus – The City implements the State’s current Density Bonus program, although the City’s implementing ordinance is outdated. The City will amend its density bonus ordinance to ensure consistency with State law, including the provision of a bonus for student affordable housing, senior housing, 100% affordable developments, units affordable to moderate-income households, and to clarify that the Density Bonus can be paired with the Transit Station Overlay District and the Affordable Housing Incentive Program. Through this amendment, the City will clarify how it already implements the Density Bonus program by amending its ordinance to allow these programs to be utilized together. Further, the City will continue to monitor State Density Bonus law and incorporate additional revisions, as needed throughout the planning period. • Transit Station Overlay District - The City provides a 25% increase in density and floor area ratio through the Transit Station Overlay District to facilitate high density development near transit. In its implementation, the City already allows this program to be utilized with the State’s Density Bonus program, providing a bonus above and beyond what is offered by the State’s Density Bonus program. As described above, the City will update its Density Bonus Ordinance to clarify that these programs may be utilized together. Further, the City will amend the Transit Station Overlay District ordinance to allow the 25% increase by-right (to be paired with the objective design standards in Program 15).
• Affordable Housing Incentive Program - T he City provides additional incentives , above and beyond the Density Bonus Progr am, in exchange for the development of affordable units beyond the requirements of the City’s Inclusionary Housing Program .

All incentives provided by the Affordable Housing Incentive Program supersede the bonuses and incentives offered by the Transit Station Overlay District. Incentives include but are not limited to reduced open space requirements, increased permitted height, reduced and deferred fees, and reduced parking requirements.

The City will amend the Affordable Housing Incentive Program to clarify that incentives associated with this program include ministerial review. In its implementation, the City already allows this program to be utilized with the State’s Density Bonus progr am, providing a bonus and incentives above and beyond that which is offered by the State’s Density Bonus program. As described above, the City will update its Density Bonus Ordinance to clarify that these programs may be utilized together.

Page | 33 City of Concord: 6th Cycle Housing Element
Objective(s)/Timeframe(s) • 11.1: Amend the local Density Bonus Ordinance to ensure consistency with State Density Bonus law by July 2024.
• 11.2: Continue to offer additional density and floor area ratio within the Transit Station Overlay District
throughout the planning period and to clarify that
additional density is available through the Transit Station Overlay District, allowing an additional 25% density
above and beyond the density provided by State Density
Bonus Law without a minor use permit by July 2026.
• 11.3: Continue to offer affordable housing incentives beyond what is permitted under the State Density Bonus
throughout the planning period.
• 11.4: Amend the Affordable Housing Incentive Program to provide clarity on incentives offered, including ministerial review and to clarify that additional density and incentives are available above and beyond those provided by State Density Bonus Law by July 2026.

Responsible Agency Community Development Department
Funding Sources City General Fund
Relevant Policies 1.1, 1.2, 1.5, 1.7, 1.8, 2.2
Fair Housing Issue Disproportionate Housing Needs
Contributing Factor(s) Lack of sufficient affordable housing Action Type New Housing Choices and Affordability in Areas of Opportunity, Place-based Strategies to Encourage Community Conservation and Revitalization, Encouraging development of new affordable housing

Program 12: Inclusionary Housing
The City’s Inclusionary Housing Program requires the inclusion of a minimum percentage of affordable housing units in all projects with five units or more. As further detailed in Appendix C, residential ownership projects may either choose to dedicate 10% of the units as moderate- income or 6% at low -income. The Inclusionary Housing Program includes a threshold exempting rental and condominium developments from this program until 600 rental units have been constructed. The City will further advance this program through the removal of the 600-unit threshold and by providing an option for moderate- income rental units to satisfy inclusionary requirements. The City will continue to promote the availability of this program through email notifications to the development community and interested parties and will update its website within 60 days of any revisions.

Page | 34 City of Concord: 6th Cycle Housing Element
Objective(s)/Timeframe(s) • 12.1: Continue implementing the City’s Inclusionary Housing Program.
• 12.2: Adopt an amendment to remove the threshold that excludes application of the inclusionary housing
requirements on rental and condominium developments
by July 2024.
• 12.3: Adopt an amendment to allow moderate- income
rental units to satisfy inclusionary requirements by July 2024.
• 12.4: Update inclusionary housing fee to maintain project feasibility while maximizing affordable housing funds by July 2024.

Responsible Agency Community Development Department
Funding Sources City General Fund
Relevant Policies 1.3, 1.5, 1.6, 1.7, 2.4, 3.6
Fair Housing Issue Disproportionate Housing Needs, Including Displacement Risks Contributing Factor(s) The availability of affordable units in a range of sizes.

Action Type New Housing Choices and Affordability in Areas of Opportunity

Program 13: Lot Consolidation Incentive
To facilitate affordable housing development on smaller parcels, the City currently offers technical assistance in the parcel merge process to streamline the process in a timely manner. To further incentivize lot consolidation to facilitate housing production, especially for lower-income households, the City will provide financial or regulatory lot consolidation incentives that may include priority processing, fee deferments and waivers, and the modification of site development standards.

In addition, the City will continue to facilitate lot consolidation and development of smaller parcels through the following actions:
• Publicize the lot consolidation program on the City’s website, outreach to the development community, and through preliminary meetings with prospective project applicants.
• Assist affordable housing developers in identifying opportunities for lot consolidation using the City’s GIS Map Portal and property database.

Page | 35 City of Concord: 6th Cycle Housing Element

Objective(s)/Timeframe(s) • 13.1: Continue to provide technical assistance, as needed, and assist at least five affordable housing developers annually in identifying opportunities for lot consolidation using the City’s GIS system and property database through preliminary meetings throughout the planning period.
• 13.2: Amend the Development Code to provide financial or regulatory incentives and a density bonus in exchange for lot consolidation by December 2023.
• 13.3: Publicize the adopted program on the City’s website, at the Permit Center, and by notice to affordable housing providers within 3 months of adoption.

Responsible Agency Community Development and Information Technology Department
Funding Sources City General Fund
Relevant Policies 1.1, 1.2, 1.5, 1.6, 1.8, 2.2
Fair Housing Issue Disproportionate Housing Needs
Contributing Factor(s) Lack of sufficient affordable housing Action Type New Housing Choices and Affordability in Areas of Opportunity, Encouraging development of new affordable housing

Program 14: No Net Loss
The City will use its development permit data to monitor development activity, proposed rezones, and identified capacity to ensure adequate remaining capacity is available to meet any remaining unmet share of the RHNA for all income levels throughout the entirety of the planning cycle, consistent with no net loss requirements. The City will develop and implement a monitoring procedure pursuant to Government Code Section 65863 and will make the findings required by that code section to demonstrate whether or not remaining sites identified in the housing element are adequate to accommodate the City’s remaining share of the RHNA if a site is proposed for development with fewer units or at a different income level than shown in the Housing Element.

If, at any time during the planning period, a development project results in fewer units by income category than identified in the Sites Inventory (Appendix E) for that parcel and the City cannot find that the remaining sites in the Housing Element are adequate to accommodate the remaining RHNA by income level, the City will, within 180 days, identify and make available additional adequate sites to accommodate the remaining RHNA. Any site identified to be upzoned to meet “no net loss” requirements will satisfy the adequate site requirements of Section 65583.2 and will be consistent with the City’s obligation to affirmatively further fair housing. (SB 166, 2017)

Page | 38 City of Concord: 6th Cycle Housing Element
Objective(s)/Timeframe(s) • 16.1: Amend the Development Code by December 2024 as required by State law ( AB 1851) to identify a process by which parking requirements can be reduced for religious institutions in exchange for housing development and
develop regulations to facilitate tiny homes/cottage
production or other housing opportunities on religious institution sites.
• 16.2: Amend the Development Code by December 2024 to
reduce parking requirements for group housing.

Responsible Agency Community Development Department
Funding Sources City General Fund
Relevant Policies 1.1, 1.2, 1.5, 1.7, 1.8, 3.1, 3.2, 3.3, 3.4, 3.5, 3.6 Fair Housing Issue Disparities in Access to Opportunity Contributing Factor(s) Land use and zoning laws nonconformance with new State law.

Action Type New Housing Choices and Affordability in Areas of Opportunity

Program 17: Preservation and Housing Rehabilitation
The City makes special efforts to help preserve affordable housing and maintain Concord’s older housing stock. Where possible, the City utilizes public funds to provide assistance in the rehabilitation and conservation of deteriorated multifamily developments, single- family homes, and mobile homes.

Through these programs, the City will continue to help preserve and rehabilitate housing for tenants and homeowners in extremely low-, very low-, and low-income households, households with disabilities, and older adults. This will be accomplished through the allocation of affordable housing funds for multifamily developments , provision of housing rehabilitation loans and grants , and place -based outreach targeted within low -resource areas with high racial/ethnic diversity and poverty, as discussed in Program 8 (Objective 8.2).

Affordable Multifamily Units Preservation
As funding permits, the City partially subsidizes the costs of acquisition and/or rehabilitation for older multifamily rental complexes for property owners interested in extending or introducing an affordable housing component. The City will continue to seek opportunities to allocate public funds to finance the rehabilitation and acquisition of affordable multifamily complexes in the City.

Housing Rehabilitation Loan and Grant Program
In addition, the City’s Housing Rehabilitation Loan and Grant Program provides grants and no- interest/low-interest loans to low -income homeowners. The City employs Habitat for Humanity as a contractor to administer the program to assist low -income homeowners with needed repairs and improvements to single- family and mobile homes, such as to address emergency repairs, weatherization, accessibility for those with disabilities , lead -based paint

Page | 39 City of Concord: 6th Cycle Housing Element
abatement and security for older adults. Through this program, the City provides improvements for energy efficiency through replacement of existing energy inefficient appliances and weatherization.

Home rehabilitation loans are offered for major repairs up to $75,000. Loans are provided with 1% simple interest with a 15 -year term. Older adults (62+) and ho useholds with a disability may opt for a deferred payment plan and their asset threshold to apply is higher than that of other applicants. Older adults are also eligible for weatherization and home security grants up to $15,000.

Historical Preservation
The City maintains an inventory of historic properties and will continue to maintain the inventory during the 6th Cycle.

Solar Incentive Program
As part of the rehabilitation of housing, the City will continue to promote energy conservation where possible and implement updates to the State’s Green Building Standards. The City Council also establishes itself as the City of Concord Solar Utility, granting rules, regulations, and procedures to encourage and promote the use of solar energy in projects, including rehabilitated housing.

Objective(s)/Timeframe(s) • 17.1: Continue to provide funds for the acquisition and/or rehabilitation of multifamily housing in exchange for
affordability. The City will release a Notice of Funding Availability by December 2025.
• 17.2: Continue to contract with a qualified service
provider to administer the Ho using Rehabilitation Loan and Grant Program throughout the planning period.
• 17.3: Conduct targeted outreach regarding the Housing Rehabilitation Loan and Grant Program in low-resource
areas with high racial/ethnic diversity and poverty; see Objective 8.2 for specific outreach methods and frequency. • 17.4: Continue to maintain an inventory of historic
properties through the CEQA review process and annually review and update the City’s maps.
• 17.5: Continue to promote energy conservation through the Solar Incentive Program and Green Building Standards throughout the planning period.

Responsible Agency Community Development Department
Funding Sources Affordable Housing Funds
CDBG Fund and Revolving Loan Funds (rehab loan and grant program)
County Funding
Relevant Policies 1.5, 2.1, 2.2, 2.3, 2.4, 2.5, 5.1

Page | 40 City of Concord: 6th Cycle Housing Element
Fair Housing Issue Access to Opportunity and Disproportionate Housing Needs and Integration and Segregation Patterns and Trends
Contributing Factor(s) Need for increased accessibility for those with disabilities, including developmental disabilities . Need for addressing housing quality to avoid displacement or substandard
conditions.

Action Type New Housing Choices and Affordability in Areas of Opportunity, Improving place -based strategies to encourage community conservation and revitalization, including preservation of existing affordable housing

Program 18: Preservation of At-Risk Affordable Housing Units The City will continue to monitor affordable units under a City Regulatory Agreement and affordable units identified as being at- risk of conversion to market- rate housing. This will include collaboration on the identification of financial resources and establishing cooperative partnerships with affordable housing developers and/or property owners willing to maintain units as affordable to lower -income households, including extremely low -income households.

For those properties under current City Regulatory Agreements, the City will work directly with property owners to negotiate potential term extensions, as funding allows. Preventing the conversion of at- risk units to market- rate housing will ensure tenants are not displaced and that affordable units are not lost from the City’s housing stock. The extension of existing project- based rental assistance covenants, or utilization of other funding sources, will help preserve and/or extend affordability.

Additionally, the City contracts with Compliance Services, LLC to assist staff with monitoring and managing affordability compliance for multifamily complexes that are utilizing City funds.

The City will work toward maintaining the rent restrictions of at- risk developments by monitoring any changes in ownership, management, and status of deed restrictions. Further, the City will work with the owners of these developments to retain the units and, where feasible, provide technical assistance to property owners and/or organizations interested in purchasing and maintaining the properties should the current owners be interested in selling.

As identified in Appendix B, Compliance Services LLC is the qualified entity in Concord. The City will contact Compliance Services LLC every 2 years until the long -term affordability of all at- risk units are secured.

Assisted Housing Projects at Risk of Conversion (2021)
Project Name Address Affordable Units Expiration
Clayton Crossings
Apartments
2751 Monument Boulevard 296 2030
Hidden Creek Townhomes 1032 Mohr Lane 128 2028
Sunridge Apartments 1265 and 1271 Monument
Boulevard
196 2029

Page | 52 City of Concord: 6th Cycle Housing Element
to purchase rental housing. If AB 2710 is not re -
introduced or not adopted, support any similar bills as they are.

Responsible Agency Community Development Department
Funding Sources City General Fund
Relevant Policies 1.4, 2.5
Fair Housing Issue Disproportionate Housing Needs and Racially and Ethnically Concentrated Areas of Poverty
Contributing Factor(s) Needs for preventing displacement Action Type Protecting existing residents from displacement. Improving place-based strategies to encourage community conservation and revitalization, including preservation of existing affordable housing.

Program 26: Place-Based Strategies
Residents in the City’s low-resource areas with high racial/ethnic diversity and poverty face disproportionate housing challenges and need s, as these areas experience lower access to opportunity. In an effort to revitalize the se areas, the City will work to conserve and improve assets through targeted investments. Investments to improve th ese areas will include public and infrastructure investments, economic vitality, workfor ce development, grant pursuits to fund urban greening projects, a nd annual events to support local businesses in these areas.

Further, the City will conduct targeted outreach within these areas (as described in Objectives

8.2, 10.4, 17.3, 20.4 and 21.4). To better support targeted outreach, the City will gather and analyze data on the languages spoken in these areas and use this information to inform its outreach efforts (see Objectives 8.2, 26.5, and 26.6).

The City has allocated $1.5 million of American Rescue Plan Act (ARPA) funds to launch a limited-duration guaranteed income program which will disperse $500 dollars per month for one year to approximately 120 families in Concord. Qualifying participants will be low -income earning households, and priority will be given to families with children age 12 or younger. In addition, initial emergency cash awards of up to $2,500 will be available to help stabilize families facing past due rent or bills at the onset of the limited duration program. Pro gram participants will be selected through targeted outreach to multiple neighborhoods with pockets of high poverty using the map in Figure 1 2 of Appendix D. This project will include collecting and analyzing data to evaluate the program’s impact. The program is anticipated to run from May/June 2023 through May/June 2024.

Objective(s)/Timeframe(s) • 26.1: Appropriate at least 20 % of the Cannabis Community Benefit Fund to the City’s low-resource
areas (with priority given to areas of high racial/ethnic diversity and poverty ) and identify qualifying projects

Page | 53 City of Concord: 6th Cycle Housing Element
(e.g., workforce development, small business assistance, improving quality of life and economic opportunity, and public improvements, etc.) that would be informed by a
community outreach process, by July 2024.
• 26.2: Following Cconsultation with local businesses in the Monument Corridor in Four Corners/Ygnacio Valley
(a low -resource area with high racial/ethnic diversity and poverty), the City was directed to spend $150,000 in settlement funds to advance small business
development and economic vitalitymake improvements
to Meadow Homes Park, located in the Monument
Corridor. The specific park improvements will be
identified and installed by December 2024.
• 26.3: Continue the City’s practice of invest ing at least 50% of the City’s capital improvement budget in the
City’s low-resource areas during the first half of the 6th cycle (2023–2027). In addition to this baseline amount, complete a project of 1 million dollars in one of these areas (with priority given to areas of high racial /ethnic diversity and poverty), with a focus on improving safety and mobility (e.g., bikeways, pedestrian improvements,
pavement rehabilitation, and safe routes to schools), for completion by 2025.
• 26.4: Seek project partners throughout the planning
period, and if successful in doing so, apply for State
Project Homekey funds for acquisition and
rehabilitation of an at-risk apartment building and/or a “nuisance” motel in low-resource areas (with priority
given to areas of high racial /ethnic diversity and
poverty), or in other areas as opportunities arise, for permanently affordable housing.
• 26.5: Throughout the planning period, apply for at least three grants during the planning period that provide
additional resources for areas identified as “Low
Resource” on the opportunity maps prepared by the Tax
Credit Allocation Committee, with special emphasis on
areas of high racial/ethnic diversity and poverty.
• 26.6: By July 2024, utilize grant funds from the
Governor’s Office of Emergency Services to: (1) compile, integrate and analyze language data for the R/ECAP
Census Tracts; (2) build a comprehensive picture of the community’s language needs for emergency
management purposes; and (3) integrate language data

Page | 54 City of Concord: 6th Cycle Housing Element
to improve communication plans, identify gaps in
preparedness, and develop a comprehensive strategy
for incorporating language access considerations into all steps of the City’s emergency management plans.

Responsible Agency Community Development Department
Funding Sources City General Fund , ARPA Funds, Prepare California Grant, Cannabis Community Benefit Fund, Cardenas Settlement
Monies
Relevant Policies 1.4, 2.5
Fair Housing Issue Fair Housing Enforcement and Outreach Capacity RECAPs, and Integration/Segregation
Disparities in Access to Opportunities
Contributing Factor(s) Lack of language access
Lack of community revitalization strategies
Lack of private investments in specific neighborhoods
Action Type Improving place -based strategies to encourage community conservation and revitalization
Mobility strategy

Page | 26 Appendix C: Constraints and Zoning Analysis
The CRP Area Plan accounts for low-income housing by calling for at least 25% of units (approximately 3,020 units per estimated total) to be affordable to lower-income households.

Of these affordable units, 30% must be prioritized for lower-income older adults, veterans, and teachers. Furthermore, 260 of these units must accommodate permanent supportive housing for individuals, youth, and families, as well as for individuals experiencing homelessness enrolled in job training and placement programs. Half of the 260 units must be created on site through an obligation by future purchasers, while the other half may be developed off site through contributions to a local Homeless Assistance Fund.

Building Standards
Development Standards
Each zone that permits residential uses provides standards that regulate the allowed uses and permits required, lot and building dimensions, density, and parking requirements. While regulations such as setbacks, lot size, and lot coverage can contribute to the number of dwelling units that can be developed on a lot, residential densities are primarily limited by established maximum densities. The tables below describe all zones where residential uses are permitted in Concord and their respective development standards.

Net Density Calculations
The City utilizes net acreage as opposed to gross acreage to calculate the permitted density of a site. Net acreage differs from gross density calculationsacreage in that it does not include public or private rights of way, parksutility easements, or other similar features typical of a subdivision.

The use of net density does not pose a constraint to multifamily and mixed-use development, which typically involves a single parcel without access or utility easements needed to serve multiple parcels. Table 2 (Recent Development Permit Activity) of Appendix E shows that the majority of recent multi-family and mixed development meets and, in some cases, exceeds the maximum permitted density; those projects that did not meet or exceed the maximum density were due to factors other than the net density calculation method.

Net density does affect the development of subdivisions due to the needed rights-of-way and easements typically required for pedestrian, vehicular, and emergency access. Subdivisions within the City typically apply to single family developments. However, given the built-out nature of the City, subdivisions will supply a minor portion of the City’s anticipated housing development during the sixth cycle, as demonstrated by Table 2. Furthermore, as detailed in Program 9, the City will increase the permitted number of units on single family lots, to maximize units allowed under SB 9. Therefore, while net density calculations pose a constraint for subdivision development, additional units will be allowed per lot, capturing additional density and off-setting any potential minor loss of development capacity due to the net density calculation method.

Single-Family Zones
Single-family zones range from a density of 0 to 10 dwelling units per net acre. The lot area minimums range from 1,920 square feet to 40,000 square feet, where smaller lots facilitate

Page | 28 Appendix C: Constraints and Zoning Analysis
can be a combination of private and common open space and can be accommodated within setbacks and through balconies or similar private open spaces. Allowed densities for multifamily housing is highly permissive in Concord, especially in areas that achieve additional density through the Transit Station Overlay District. Further, minimum density requirements ensure that available land is efficiently used. The standards for the RH zone provide requirements that are most suitable for developments achieving the lower densities within the permitted range; however, when developments are achieving higher densities, smaller minimum setbacks could increase flexibility for development. Standards related to setbacks and height could be more permissive, especially when developments are achieving higher FARs and higher densities. See Table 6 for specific building standards for multifamily zones. More information on open space requirements can be found under the section “Open Space and Recreational Facilities f or Residential Development,” below. In addition to those densities provided below, sites that permit residential uses that fall within the Transit Station Overlay District are permitted at densities of 25% higher.

RL Development Standards Analysis
The average size of the parcels in the RL z
one is 0.28 acres or 12,197 square feet, and the
maximum density is 10 units per acre, which means that up to 2 units can be achieved on an average RL-zoned parcel. Given a typical lot width of 50 feet, this leaves a lot length of 234 feet. With a 5-foot front setback, 10-foot cumulative side setbacks, a 5-foot rear setback, and a 20-foot garage setback, this leaves a total of 9,357 square feet of buildable lot area. Given that 9 12 feet is an average story height, there is room to accommodate 3 2 stories within the 30- foot height limitation. Therefore, a 2-story, 2-unit building of at least 4,000 square feet (2,000 square feet per floor) could be built while still leaving approximately 10,000 square feet of lot area remaining to provide the 4 required parking spaces (2 per unit) and the 400 square feet of required open space (200 square feet per unit). Therefore, the maximum permitted density can be achieved on a typical RL-zoned lot and the development standards do not pose a constraint.

One site has been identified with a pa rcel in the RL zone to accommodate 14 units of the moderate-income RHNA.

RM Development Standards Analysis
The average size of the parce ls in the RM zone is 0.17 acres or 7,405 square feet, and the maximum density is 32 units per acre, which means that up to 5 units can be achieved on the average RM-zoned parcel. Given a typical lot width of 50 feet, this leaves a lot length of 148 feet.

With a 5-foot front setback, 10-foot cumulative side setbacks, a 6-foot rear setback, and a 20- foot garage setback, this leaves a total of 4,880 square feet of buildable lot area (40 feet by 122 feet). Given that 9 12 feet is an average story height, there is room to accommodate 4 3 stories within the 40-foot height limitation. Therefore, with at-grade parking on the ground floor, over 14,6009,760 square feet of living area (3 2 stories of 4,880 square feet each) could be built, which would easily allow 5 three-bedroom units of at least 2,0001,800 square feet, with the required 12 parking spaces (2 per unit, plus 2 guest spaces) located on the ground floor. The required open space of 1,000 square feet (200 per unit) could easily be accommodated within

Page | 29 Appendix C: Constraints and Zoning Analysis
yard areas, decks and/or balconies. Therefore, the maximum permitted density can be achieved on a typical RM-zoned lot and the development standards do not pose a constraint. 12 sites have been identified with parcels in the RM zone to accommodate 34 units of the lower-income RHNA, 41 units of the moderate-income RHNA, and 68 units of the above moderate-income RHNA.

RH Development Standards Analysis
The average size of the parcels in the RH zone is 0.28 acres or 12,196 square feet, and the maximu
m density is 100 units per acre, which means that up to 28 units can be achieved on such a site. Given a typical lot width of 50 feet, this leaves a lot length of 244 feet. With no front setback, 10-foot cumulative side setbacks, and a 6-foot rear setback, the buildable lot area is 9,520 square feet. Given that 9 12 feet is an average story height, there is room to accommodate 6 5 stories within the 60-foot height limitation. After allowing for two levels (approximately 19,000 square feet) of aboveground parking, which would accommodate 51 parking spaces, four three levels of living area (approximately 38,00028,500 square feet) could be built, which would accommodate 28 units with an average size of 1,3601,000 square feet. There are several recent, nearby examples of projects with structured parking in zones with the same density standard as the RH zone, including The Argent, The Grant, and Renaissance Phase 2; see Appendix E, Table 2 for further details. While the sample analysis and recent development activity show that the maximum permitted densities can be achieved within the 60-foot height limit, the State recognizes maximum heights that are less than 10 feet for every 10 dwelling units per acre to be a constraint. The State therefore finds the 60- foot height limit isto be a constraint in the RH zone. Therefore, through Program 2, the City will increase the maximum permitted height to allow at least 10 feet for every 10 dwelling units per acre permitted by the zone.

There have been 7 sites identified with parcels in the RH zone to accommodate 259 units of the moderate-income RHNA and 731 units of the above moderate-income RHNA.

Page | 32 Appendix C: Constraints and Zoning Analysis
Table 8
Development Standards for Small Lot Residential Developments Standards Lot Area (Square Feet)
1,440 – 1,920 1,920 – 2,999 3,000 – 3,999 4,000 – 4,999 5,000 – 5,999 Interior Side Setback (minimum) — — 3 feet 4 feet 5 feet Street Side Setback (minimum) — 5 feet 6 feet 8 feet 10 feet Rear Setback (minimum) — — 10 feet 15 feet 15 feet

North Todos Santos Residential Zones
Located north of Todos Santos Plaza and consisting primarily of residential structures, the North Todos Santos (NTS) District provides for flexible reuse and building expansions in an area with special architectural and historical significance. The regulations of the NTS District ensure that developments blend with the scale of the existing neighborhood buildings to encourage retention and preservation of buildings. New developments within this district should protect and preserve the scale and character of the historic neighborhood. The NTS zone permits residential uses at a density of 2.5 to 32 dwelling units per net acre. Lot dimension minimums are comparable to Residential High (RH) standards. FARs permitted in the NTS District are dependent on parcel size; the larger the parcel, the greater allowed FAR.

See Table 9 for specific building standards and Table 10 for FAR allowances. The conversion of an existing single-family dwelling into duets, duplexes, or three or more dwellings is allowed with an Administrative Permit and Design Review (see the section “Permitting Processes and Fees,” below). Other permits required in the NTC District are provided in Table 2, Zoning for a Variety of Housing Types. None of the sites identified in the Sites Inventory fall within the North Todos Santos District.

Table 9
Development Standards for North Todos Santos District
Standards
Lot Area (square feet) Minimum 5,000
Lot Width (feet) Minimum 50
Lot Depth (feet) Minimum 80
Density (dwelling units per net acre) 2.5 (minimum) – 32 (maximum) Lot Coverage (percent maximum) 50%
Building Height (feet) Maximum 30 feet or three stories, whichever is less Setback (feet) Minimums

Page | 35 Appendix C: Constraints and Zoning Analysis
Table 11
Development Standards Office and Commercial Zones for Residential Uses Standards CO CMX NC Additional Standards
Interior Side, Rear 5 None required unless adjacent to an R d istrict or residential use in CMX. See CMC Section 18.150.180, Transitional Requi rements, for buildings up to 30 feet in height.

Open Space/Unit (square feet) minimum 200 square feet per unit. The same as other multifamily uses. See CMC Section

18.150.100, Open Space and Recreational F acilities, for residential developments, and CMC Chapter 18.155, Standards for Small Lot and Medium Density Development.

CO = Commercial Office; CMX = Commercial Mixed-Use; NC = Neighborhood Commercial.

CO Development Standards Analysis
The average size of the parcels in th e CO zone is 0.28 acres or 12,196 square feet, which means that up to 11 units can be achieved on such a site. Given a lot width of 100 feet, this leaves a lot length of 122 feet. With a 10-foot front setback, 10 feet cumulative of side setbacks, a 5-foot rear setback, a standard drive aisle, and 23 standard parking spaces (assuming 6 of the units will be 1- bedroom and 5 will be 2- or 3-bedroom), the buildable lot area is 3,243 square feet. Given that 9 12 feet is an average story height, there is room to accommodate 3 2 stories within the 30-foot height limitation. Therefore, the total buildable square footage of 9,7296,486 can accommodate an average unit size of around 800 590 square feet to achieve the maximum density and accommodate 23 surface parking spaces.

One site has been identified with p arcels in the CO zone to accommodate 14 units of the lower-income RHNA. Program 15 commits the City to amending its Development Code to allow multifamily housing projects by right in mixed-use zoning districts when objective design and development standards are met. Further, while the sample analysis shows that the maximum permitted densities can be achieved within the 30-foot height limit, the State recognizes maximum heights that are less than 10 feet for every 10 dwelling units per acre to be a constraint. The State therefore finds the 30-foot height limit isto be a constraint in the CO zone. Therefore, through Program 2, the City will increase the maximum permitted height to allow at least 10 feet for every 10 dwelling units per acre permitted by the zone.

CMX Development Standards Analysis
The average lot size of a parcel in t
he CMX zone is 0.47 acres or 20,473 square feet, which
means that up to 18 units can be achieved on such a site. Given a lot width of 100 feet, this leaves a lot length of 204 feet With 5-foot front setbacks, no interior side or rear setbacks, an FAR of 1.0, 200 square feet of open space per unit, and a building height of 30 feet. This leaves a total buildable square footage of 20,473 on 16,153 square feet of remaining lot. Given that 9 12 feet is an average story height, there is room to accommodate 3 2 stories within the 30-foot height limitation. Further, given a standard drive aisle and 47 standard parking spaces (assuming 3 studio units, 7 1-bedroom units and 8 2–3-bedroom units) this leaves a remaining lot area of approximately 12,000 square feet. Therefore, the total permitted 20,473 square feet can easily be accommodated on the remaining lot square foot with an average

Page | 36 Appendix C: Constraints and Zoning Analysis
unit size of 1,050 square feet if the development is two stories, which is easily achievable in 30 feet. Wh
ile the sample analysis and recent development trends show that the maximum permitted densities can be achieved within the 30-foot height limit, the State recognizes maximum heights that are less than 10 feet for every 10 dwelling units per acre to be a constraint. The State therefore finds the 30-foot height limit isto be a constraint in the CMX zone. Therefore, through Program 2, the City will increase the maximum permitted height to allow at least 10 feet for every 10 dwelling units per acre permitted by the zone.

While many sites will likely be consolidated to maximize the development potential of each respective lot, this analysis of the development standards of an individual lot demonstrates that the standards are not a constraint to development and additional densities can be achieved when paired with density and lot consolidation incentives. Further, many of the identified zones fall within the Transit Station Overlay that provides an automatic additional density of 25% above the base zone. This program can be paired with the State’s Density Bonus program of the Affordable Housing Incentive Program to receive incentives and concessions that can reduce the development standards, allowing increased densities to be achieved. Further, those projects located within the Transit Station Overlay may qualify for parking exemptions consistent with AB 2097 (2022).
21 sites have been identified with parcels in the CMX zone to accommodate 132 units of the lower-income RHNA, 36 units of the moderate-income RHNA, and 190 units of the above moderate-income RHNA. Of these lower-income units, 20 units are located within 0.5 miles of a major transit stop, as defined in the California Public Resource Code Section 21064.3. These sites would qualify for the removal of parking minimums in accordance with AB 2097 (2022).

Program 15 commits the City to amending its Development Code to allow multifamily housing projects by right in mixed-use zoning districts when objective design and development standards are met.

NC Development Standards Analysis
The average size of the parcels in the NC zone is 1.15 acres or 50,094 square feet, which means th
at up to 27 units can be achieved on such a site. Given a lot width of 100 feet, this leaves a lot length of 501 feet. With a maximum FAR of 0.35, a standard drive aisle and 48 standard parking spaces (assuming 10 studio units, 10 one-bedroom units, and 7 two- to three-bedroom units), and 200 square feet of open space per unit (which can be accommodated within setbacks), the remaining lot square footage is 28,950 square feet. There is room to accommodate the allowable square footage of 17,532 on the ground floor and flexibility to go up to 4 3 stories within the 40-foot height limitation. Therefore, the total buildable square footage of 17,532 can accommodate an average unit size of 650 square feet to achieve the maximum density and accommodate parking requirements.

One site has been identified with parcels in the NC zone to accommodate 5 units of the moderate-income RHNA. Program 15 commits the City to amending its Development Code to allow multifamily housing projects by right in mixed-use zoning districts when objective design and development standards are met.

Page | 38 Appendix C: Constraints and Zoning Analysis
Table 12
Development Standards in Downtown Districts for Residential Uses Standards DP DMX Additional Standards
Setbacks (feet) Required Minimum
Front 0 10
Interior Side 0 0 CMC Section 18.150.180,
Transitional Requirements.

Corner Side 0 10
Rear
0 0
Front and Street Side Ya rd Required Maximum 10 —
Open Space/Unit (square feet) Minimum 200 175 Open Space and Recreational Facilities, for
residential developments.

DP = Downtown Pedestrian; DMX = Downtown Mixed-Use; du/ = dwelling units per.

Business Park and Industrial Zones that Permit Residential Uses Specific residential uses are permitted in the Business Park and Industrial Districts, such as group housing and live/work units. These uses are expected to supplement the primary uses that serve business and industry operations. FAR, lot dimensions, and setbacks are intended for business and industrial-scale buildings. Residential uses, if permitted, have to meet the same standards or otherwise seek out the discretionary approval process for variances. The district at large incorporates a district boundary, or buffer, surrounding all of the business and industrial zones as a setback from other zones. This buffer seeks to keep pollution and other environmental burdens out of sensitive operations and populations in zones, such as residential and commercial/retail. If the business or industrial zone is adjacent to residential uses, the setback is 40 feet. If the business or industrial zone is sharing a boundary with a commercial zone, the setback is 15 feet. There is no open space requirement for these zones except as a condition of approval for discretionary permits. See Table 13 for specific building standards.

DP Development Standards Analysis
The average size of the parcels in the DP zone is 0.23 acr es or 10,019 square feet, which
means that up to 28 units can be achieved on such a site. Given a lot width of 50 feet, this leaves a lot length of 200 feet. With a maximum FAR of 4.0, a standard drive aisle and 58 standard parking spaces (assuming 14 of the units will be 1-bedroom and 14 will be 2- or 3- bedroom units), and 200 square feet of open space per unit (which can be partially accommodated within setbacks and balconies), the remaining buildable ground square footage is approximately 28,000 square feet. With the FAR of 4.0, the total square footage of 40,075 can easily be accommodated on the remaining lot area of 28,000 square feet with only 2 stories. However, given that 9 12 feet is an average story height, there is room to

Page | 39 Appendix C: Constraints and Zoning Analysis
accommodate 7 5 stories within the 70-foot h eight limitation, well over what is needed to accommodate the development square footage. Therefore, the total buildable square footage can easily accommodate units at an average of 1,431 square feet per unit to achieve the maximum density and accommodate parking requirements.

Two sites with parcels in the DP zone have been identified to accommodate 60 units of the mod
erate-income RHNA and 15 units of the above moderate-income RHNA. Program 15 commits the City to amending its Development Code to allow multifamily housing projects by right in mixed-use zoning districts when objective design and development standards are met.

DMX Development Standards Analysis
The average size of the parcels in the DMX zone is 0.91 acr es or 39,640 square feet, which
means that up to 113 units can be achieved on such a site. Given a lot width of 100 feet, this leaves a lot length of 396 feet. With a maximum FAR of 6.0, a standard drive aisle and 219 standard parking spaces (assuming 38 units will be studios, 37 will be 1-bedroom, and 38 will be 2- or 3-bedroom), and 200 square feet of open space per unit, multiple stories will be necessary to accommodate the development. However, with a height maximum of 200 feet, this is feasible. Given a development of this size, it is reasonable to assume that structured parking would be provided, and there are recent examples of such parking in this zone, as noted below. Further, open space can be accommodated within setbacks, balconies, and rooftop gardens, a feature included in the recently completed The Grant project (see Appendix E, Table 2 for details). Given that 9 12 feet is an average story height and assuming a ground floor height of 15 feet, there is room to accommodate 19 16 stories within the 200-foot height limitation. Therefore, the total buildable square footage can easily accommodate enough units to achieve the maximum density and accommodate parking requirements. If all 19 16 stories were built to the maximum permitted FAR, the average area per floor would be approximately 12,500 square feet, accommodating the maximum number of units ranging from 1,500 to 2,000 square feet per unit.
17 sites have been identified with parcels in the DMX zone to accommodate 1,611 units of the lower-income RHNA, 287 units of the moderate-income RHNA, and 406 units of the above moderate-income RHNA. Program 15 commits the City to amending its Development Code to allow multifamily housing projects by right in mixed-use zoning districts when objective design and development standards are met.

Further, while the need for structured parking may pose a financial constraint to development, 1,360 units of the lower-income RHNA identified in the DMX zone are located within 0.5 miles of a major transit stop, as defined in the California Public Resource Code Section 21064.3. These sites would qualify for the removal of parking minimums in accordance with AB 2097 (2022) and therefore parking requirements do not pose an actual constraint to the development of housing, especially for those sites identified to accommodate the lower income RHNA. Furthermore, there are several recent examples of projects in the DMX zone with structured parking, including The Argent, The Grant, and Renaissance Phase 2; see Appendix E, Table 2 for further details.

Page | 54 Appendix C: Constraints and Zoning Analysis
• The current and five previous annual fee reports or the current and five previous annual financial reports.
• An archive of impact fee nexus studies, cost of service studies, or equivalent, conducted by the City on or after January 1, 2018.

The City maintains all required information, consistent with AB 1483 (2019), on its website.

As detailed in Program 3, Affordable Housing Development Toolkit, of the Housing Element, the City will continue to maintain consistency with AB 1483 by updating its website as needed.

The Permit Streamlining Act has established guidelines that require local agencies to make timely decisions on certain development processes. California Government Code 65950 specifically requires local agencies to approve or disapprove a project within timeframes specific to the outcome of the project’s environmental review, mandated by the California Environmental Quality Act. The City is the local agency responsible for determining if a non- exempt CEQA project requires an Environmental Impact Report, a Negative Declaration, or other CEQA documentation.

As specified in the Public Resources Code 21080.2, local agencies must issue a formal, written declarationdetermine within 30 days from the date a project application is received and accepted as complete whether an Environmental Impact Report, a Negative Declaration, or Mitigated Negative Declaration shall be required for the project;, though the this 30-day period may be extended by 15 additional days if mutually agreed to by the local agency and the project applicant. The City does not consistently make this determination in writing; therefore, to provide clear documentation for project applicants, under Program 5 the City will commit to issuing written CEQA determinations consistent with Public Resources Code 21080.2 for all projects. the City will commit to issuing written CEQA determinations consistent with Public Resources Code 21080.2 for all projects.

Per the Permit Streamlining Act (Government Code Section 65950), local agencies must approve or disapprove a project within 60 days of their adoption of a Negative Declaration or their determination that a project is deemed exempt from CEQA. The City does not consistently comply with this deadline; therefore, under Program 5 the City will commit to taking all necessary actions to render decisions on development projects in compliance with Government Code Section 65950.

Permit Processes and Timelines
The following sections detail the permit processes and timelines, as well as any required findings that are applicable to residential development in Concord. The typical timing associated with review and approval for single family development is 8–12 months and the typical timing associated with review and approval for multifamily development is 6–8 months. For detail on the specific permits required of varying residential uses in specific zones, see Table 2, Zoning for a Variety of Housing Types.

Length of Time Between Project Approval and Applications for Building Permits The average length of time in the City between an approval for a housing development and the submittal of an application for a building permit is 11 months. The City allows applicants to

Page | 55 Appendix C: Constraints and Zoning Analysis
submit building per mit applications prior to receiving approvals from the Planning Division, which can reduce the time between project approvals and building permit application submittal. In some cases, there is negative time between a housing development approval and the submittal of an application for a building permit since some applicants choose to submit prior to receiving approvals.

Neighborhood Meeting
Neighborhood meetings are required to be conducted by applicants seeking discretionary approvals associated with the following types of development:
• All infill residential projects
• Projects located within 300 feet of a residential district • Complex projects with multiple applications
• Potentially controversial projects
• Uses that have the potential to affect surrounding properties The Planning Division may waive the neighborhood meeting requirement for those discretionary projects that do not present controversial issues that warrant a neighborhood meeting.

Zoning Clearance
A Zoning Clearance is a by-right/ministerial process (except for when the Design and Site Review process applies, as further described below), used by the City to verify that a new or expanded proposed structure or use complies with the permitted list of activities allowed in the applicable zoning district and the development standards are applicable to the use. To address the constraint imposed by the Design and Site Review process and to facilitate the development of multifamily and mixed-use development to meet the City’s housing needs, Program 15 of the Housing Element will create objective design standards to ensure that housing can be permitted by right. The planning division may grant a Zoning Clearance if the request complies with all Development Code provisions applicable to the proposed use or structure. Uses are allowed within the zoning district with the approval of a Zoning Clearance, and it is therefore considered to have the least constraint on the development of housing. Further, the determination of Zoning Clearance applies to the following:
• As a prerequisite to establishing a new land use.
• Before any structure may be altered, constructed, erected, moved, or repaired, or before any vacant land may be used or changed in use.
• Before a building permit or any other required city approval may be issued or granted.

Administrative Permits
An Administrative Permit (AP) or administrative review is used to ensure that each new or expanded use or structure complies with the applicable requirements of the development code. If the Development Code requires an AP, approval will be required before a building permit, grading permit, or other permit or authorization is issued. Since an AP is not generally required for the typical development of residential uses, constraints to the development of housing are minimal. Additionally, any previously approved projects that required a subsequent AP as a condition of approval (CMC Section 18.420.020) and any other use as

Page | 82 Appendix C: Constraints and Zoning Analysis
seismic event, not all facilities are at high risk, and the CCWD has taken precautions to avoid any potential damage and has emergency protocols during any such event to get water to residents until repairs are made.

The City has adopted the California Building Code, which has provisions to ensure new construction is built to sustain shock from seismic activity. A Special Studies Zone has been designated along the Concord Fault, and there are limitations on construction within this area to protect life and property. The Local Hazard Mitigation Plan recognizes earthquakes as the largest natural threat to Concord; however, there have been no building permits approved in high seismic severity zones in the past 3 years. The Local Hazard Mitigation Plan also recognizes landslide and liquefaction as moderate threats to Concord. Most of the risk potential exists in the steeper sections of Concord near the CRP area. However, the CRP will likely take into account these potential hazards and incorporate mitigation during build-out. Most of the existing hillside areas are zoned for open space, and the General Plan restricts residential development on slopes greater than 30%. Hillsides are generally considered to be environmentally constrained due to the complicated terrain and high costs to render the site safe and adequate for development.

Flooding
Although the Joint Hazard Mitigation Plan lists flooding as a moderate threat to Concord, there are areas of Concord designated within 500-year floodplains and 100-year floodplains. Most of these areas are along existing creeks and waterways. This poses an environmental constraint as developments are at high risk of being damaged. As a result, most of the properties within the flood zones are not zoned for residential.

The City has adopted a Flood Management Ordinance and a Stormwater Management and Discharge Control Ordinance to manage stormwater runoff. General Plan policies require adequate building setbacks for development adjacent to creek banks and engineering standards that protect against flooding. Other policies are also in place to reduce the potential impacts associated with stormwater runoff due to new or increased intensity of urban land uses. The Safety and Noise Element and the Public Facilities and Utilities Element of the General Plan provide details on flood risk reduction policies.

Infrastructure Constraints
With the exception of the CRP area, residential development during this 6th Cycle Housing Element will primarily occur on previously developed properties, or in locations surrounded by developed areas, as described in Appendix E. Therefore, access to infrastructure, including water, sewer, and dry utilities, is available at these sites or will be accommodated. The Master Developer of the CRP must create an Infrastructure Plan and ensure new development is served by all utilities. The City’s utilities receive necessary upgrades and improvements based on future growth and development anticipated by the General Plan. As such, the City has the infrastructure necessary to support all existing and future residential capacity.

Electricity and Natural Gas
Pacific Gas & Electric (PG&E) currently provides gas and electric services to Concord homes and businesses and is regulated by the California Public Utilities Commission. PG&E obtains its

Page | 1 Appendix D: Affirmatively Furthering Fair Housing Introduction
State law prohibits discrimination in the development process, real property transactions, and rental agreements, and it is the policy of the City of Concord (City) to uphold the law in this regard. Fair housing issues are addressed in Concord through coordination with fair housing organizations to process complaints regarding housing discrimination and to provide counseling in tenant/property owner disputes, as further detailed within this analysis.

Assembly Bill 686 requires that all Housing Elements due on or after January 1, 2021, contain an Assessment of Fair Housing consistent with the core elements of the analysis required by the Federal Affirmatively Furthering Fair Housing (AFFH) Final Rule of July 16, 2015.

Under State law, affirmatively further fair housing means, “taking meaningful actions, in addition to combating discrimination, that overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics.”
There are three components to this requirement as it relates to the Housing Element:

1. Include a program that affirmatively furthers fair housing and promotes housing opportunities throughout the community for protected classes (applies to housing elements beginning January 1, 2019).

2. Conduct an Assessment of Fair Housing that includes a summary of fair housing issues, an analysis of available Federal, State, and local data and local knowledge to identify fair housing issues, and an assessment of the contributing factors for the fair housing issues.

3. Prepare the Housing Element land inventory and identification of sites through the lens of Affirmatively Furthering Fair Housing.

This analysis uses data available through the U.S. Census Bureau, the AFFH Mapping Tool provided by the California Department of Housing and Community Development (HCD), the Association of Bay Area Governments (ABAG), and local data provided by the City and its partners. It should be noted that the maps provided by HCD’s AFFH Mapping Tool consider all areas at the census tract, block group, city, and county levels without consideration for the built land. For this reason, unbuilt areas or areas without housing, such as the Concord Naval Weapons Station, contain data that is not accurately representative of the built environment.

Specific neighborhoods and communities are referenced throughout this analysis. These planning subareas and their geographic boundaries can be found in the Land Use element of the City’s General Plan and are detailed in Figure 1: Planning Subareas.

Page | 2 Appendix D: Affirmatively Furthering Fair Housing Figure 1: Planning Subareas

Page | 121 Appendix D: Affirmatively Furthering Fair Housing Table 8
Addressing Fair Housing Issues Through Meaningful Programs Priorit
y Fair Housing Issue Contributing Factors Meaningful Programs Program Metrics implement the provisions of
Senate Bill 9 to establish
ministerial review procedures
for proposed lot splits of
existing single-family
residential lots.
 Program 21 Metrics:
o Connect older adults through
Home Match Contra Costa
through notifications at least
once a year to the City’s
interested parties list.
o Ensure 100% of persons
seeking information on special
needs housing and directed to
the City’s website.
 Program 22 Metrics:

Appropriate $2.4 million
toward the development and
implementation of a strategic
plan to address homelessness.

Table 9
Affirmatively Furthering Fair Housing Action Matrix
Program Specific Commitment Timeline Geographic Targeting 8-Year Metrics Mobility Strategies
Program 1. Accessory Dwelling
Units
Conduct outreach and education to
ADU owners regarding compliance
with fair housing and tenant
protection laws regarding prohibited
discrimination against tenants using
Housing Choice (Section 8) Vouchers.

Ongoing Citywide Clayton Valley and
Lime Ridge communities
(higher-moderate resource
areas).

Conduct outreach at least
16 times to reach 20
households per year.

Page | 122 Appendix D: Affirmatively Furthering Fair Housing Table 9
Affirmatively Furthering Fair Housing Action Matrix
Program Specific Commitment Timeline Geographic Targeting 8-Year Metrics Program 8. Fair Housing Conduct outreach for the Concord Tenant/Land Lord Services program
to make tenants and landlords aware
of available contract mediation and
legal services.

Ongoing Targeted outreach in low
resource areas with increased
racial/ethnic diversity and high
rates of poverty.

Conduct outreach at least
16 times
Program 8. Fair Housing Add community land trusts as an agenda item on the Contra Costa
County Consortium to work at the
regional scale to raise awareness of
and support the formation of
community land trusts.

July 2024 Regional Not applicable
Program 8. Fair Housing Conduct outreach and education in relation to fair housing and tenant
protection laws to promote voucher
mobility.

Ongoing Targeted outreach in low
resource areas with increased
racial/ethnic diversity and high
rates of poverty such as the
Downtown/Todos Santo
neighborhood, Monument
Corridor in Central Concord and
Four Corners Ygnacio Valley and
the Olivera/Port Chicago .area.

Conduct outreach at least
16 times.

Program 20. Residential Tenant
Protections
Through the City’s Rent Registry
program, require all multifamily
complexes with 4 or more units to
register through an online portal and
provide data that includes rent
increases and tenancy changes
Ongoing Citywide Publish 8 reports on the
results of the rent registry
to provide transparency
around the available data
New Housing Choices and Affordability in Areas of Opportunity Program 1. Accessory Dwelling
Units
Develop an ADU toolkit that includes
an affordable ADU program, permit-
ready plans, and resources for ADU
applicants.

March 2023 and April
2025
Targeted outreach in low
resource areas with increased
racial/ethnic diversity and high
rates of poverty.

Target new ADUs in Clayton
Valley and Lime Ridge (high
income/high opportunity/RCAA
neighborhoods,) specifically
those in the southeast portions
of the City.

Target the development of
232 new ADUs Citywide.

Target development of 17
new ADUs in
geographically targeted
areas.

Program 4. Annual Progress
Reports and Publicly Owned
Lands
Adopt an ordinance to facilitate
housing development on properties
owned by educational agencies.

December 2025 Educational Agency-Owned
Properties in the Lime Ridge
Development of 40 new
affordable units in
geographically targeted

Page | 123 Appendix D: Affirmatively Furthering Fair Housing Table 9
Affirmatively Furthering Fair Housing Action Matrix
Program Specific Commitment Timeline Geographic Targeting 8-Year Metrics community and areas of High
Opportunity
areas. Densities of at least
30 dwelling units per acre
where 30% of units are
offered as affordable to
lower-income households
Program 8. Fair Housing Rezone sites to increase multifamily affordable housing options in new
areas of the City.

December 2024 Racially Concentrated Areas of
Affluence and/or areas with
moderate- and high-resource
access.

Rezone at least 20 acres
to accommodate at least
1,000 dwelling units per
acre at a density of at least
60 dwelling units per acre
Program 9. Middle Density Adopt ordinance to allow additional units in single-family zoned districts
above and beyond SB 9 (2019)
July 2026 Single Family Zoned Districts in
Lime Ridge, Clayton Valley, and
Four Corners/Ygnacio Valley,
and areas of High Opportunity
Allow at least 3 dwelling
units per Target 50 new
units in geographically
targeted areas.

Notify 1,000 households
of this program within 60
days of resources being
made available online.

Program 11. Incentives to
Assist in Development
Provide additional density above and
beyond that provided by the State’s
Density Bonus program through the
local Transit Station Overlay District
Ongoing Within 0.5 miles of transit Additional 25% density and floor area ratio
Program 11. Incentives to
Assist in Development
Provide additional incentives beyond
those provided by the State’s Density
Bonus program, including ministerial
review, through the local Affordable
Housing Incentive Program.

Ongoing Citywide Not applicable
Program 12. Inclusionary
Housing
Amend the Inclusionary Housing
requirements to facilitate the
production of moderate-income rental
units.

July 2024 Citywide Not applicable2
ownership Below Market
Rate (BMR) units per year
and 5 rental BMR units
per year.

Program 13. Lot Consolidation
Incentive
Provide technical assistance for
affordable housing developers.

Ongoing Citywide Assistance for at least 40
affordable housing
developments
Program 16. Parking
Reductions
Conduct outreach and engage with
relevant stakeholders to Ddevelop
regulations, including a reduction in
December 2024 Religious Institution Sites in the
high opportunity areas of Lime
Ridge and Clayton Valley.

Not applicable

Page | 124 Appendix D: Affirmatively Furthering Fair Housing Table 9
Affirmatively Furthering Fair Housing Action Matrix
Program Specific Commitment Timeline Geographic Targeting 8-Year Metrics parking standards, to allow a variety
of housing types on properties owned
by religious institutions.

Program 17. Preservation and
Housing Rehabilitation
Conduct targeted outreach regarding
the Housing Rehabilitation Loan and
Grant Program to assist with
accessibility upgrades for those with
disabilities.

Ongoing Racially/ethnically diverse areas
of poverty in the Olivera/Port
Chicago area, and within the
Monument Corridor in Central
Concord and Four
Corners/Ygnacio Valley.

Conduct outreach at least
16 timesAssist 25
households and/or
provide 12 loans.

Program 21. Special Housing
Needs
Assist with matching services for older
adults wishing to share their homes
through annual notifications of
program availability.

Ongoing Citywide Conduct outreach at least
8 timesMatch 32 homes
within the planning
period.

Place-based Strategies to Encourage Community Conservation and Revitalization Program 11. Incentives to
Assist in Development
Provide additional density above and
beyond that provided by the State’s
Density Bonus program through the
local Transit Station Overlay District
Ongoing Within 0.5 miles of BART
stations in Central Concord,
Clayton Valley, and Olivera/Port
Chicago.
32 affordable units and 58
market- rate units per
year.

Program 18. Preservation of At-
Risk Affordable Housing Units
Provide funding assistance, technical
assistance with grant pursuits, or
letters of support for grants to
preserve affordable housing.

At least 3.5 years prior to
conversion of units to
market-rate.

At-Risk Units Preserve 767 units.

Program 19. Replacement
Requirements
Require that the demolition or
removal of existing dwelling units
ensures units are replaced at the same
levels of affordability.

Ongoing Citywide
Replace 100% of units
demolished for new
residential uses.

Program 26. Place-Based
Strategies
Target capital improvement budget
investments within low-resource
areas.
2023–2027
Racially/ethnically diverse areas
of povertyWithin the City’s low-
resource areas such as the
Monument Corridor in Four
Corners/Ygnacio Valley, Central
Concord, or in Olivera/Port
Chicago.
50% of the City’s capital
improvement budgetAt
least one project of $1
million, with
improvements focused on
safety and mobility,
including but not limited
to active transportation
infrastructure, pavement
treatments, and Safe
Routes to School.

Program 26. Place-Based
Strategies
Dedicate funds for projects such as
workforce development, small July 2024 Within the City’s low-resource areas such as the Monument
20% of Cannabis
Community Benefit