Concord City Council
October 3, 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,
October 3, 2023
6:30 p.m. - Open Session Council Chamber
1950 Parkside Drive
and/or Various
telephonic/electronic
locations
*IMPORTANT NOTICE ABOUT PUBLIC COMMENTS AND MEETING PARTICIPATION* UPDATED SEPTEMBER 27, 2023
Members of the public are invited to attend and participate at: Council Chamber, 1950 Parkside Drive, Concord, CA.

Please note the following change to the City’s public comment procedures: Unless a Councilmember is participating in the meeting remotely pursuant to AB 2449, remote public comment will not be accepted. Public comment may be provided in-person or via email, as set forth below. 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.

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

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

Members of the public are encouraged, but not required, to fill out a speaker card. The Council Chamber will have seating available for members of the public to attend in person up to full seating capacity.
2 2. REMOTE: Remote public comment will not be accepted, except when a Councilmember participates remotely pursuant to AB 2449. AT THE TIME OF THE POSTING OF THIS AGENDA, NONE OF THE COUNCILMEMBERS HAVE NOTIFIED THE CITY CLERK’S OFFICE THAT THEY INTEND TO PARTICIPATE REMOTELY PURSUANT TO AB 2449, AND THEREFORE NO REMOTE PUBLIC COMMENT WILL BE ACCEPTED AT THE MEETING. IF,

AFTER PUBLICATION OF THIS AGENDA AND BEFORE THE MEETING BEGINS, ANY

COUNCILMEMBER DETERMINES THAT THEY WILL NEED TO PARTICIPATE REMOTELY DUE TO JUST CAUSE OR EMERGENCY CIRCUMSTANCES UNDER AB 2449, THEIR

REMOTE PARTICIPATION WILL BE ANNOUNCED AT THE OUTSET OF THE MEETING IN CONNECTION WITH THE ROLL CALL ITEM. If a Councilmember participates in the meeting remotely pursuant to AB 2449, the public may participate and provide public comment remotely, as follows:
a. Zoom:
https://cityofconcord.zoom.us/j/89417227056?pwd=l5n3OLY1JliS41zWBwkBDOswfag4z w.v7M-L-0WHCt53p-D or Zoom Webinar ID: 894 1722 7056 and Passcode: 157450 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.

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.Watch Live Streaming of the meeting by following THIS LINK d.Watch the Zoom webinar by following THIS LINK
3 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 Nakamura

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 – to Jo Harlow, President of Soroptimist International of Diablo Vista declaring October 3, 2023, as "Soroptimist International of Diablo Vista Day" in the City of Concord. Presentation by Mayor Hoffmeister. b. Presentation – by Kiara Donato, MCE, providing an update on Clean Energy. Introduction by Mayor Hoffmeister.
c. Presentation – by District Attorney Diana Becton, providing information on the Neighborhood Reconciliation Program. Introduction by Mayor Hoffmeister.

4. ANNOUNCEMENT
a. Announcing – a recruitment for three (3) openings, consisting of two (2) Concord resident positions and one (1) position from either the business community or a Concord resident, on Concord's Measure V Oversight Committee for four-year terms ending December 31, 2027, and setting a deadline of Friday, November 3, 2023, at 5 p.m. for applications to be due to the City Clerk. Report by Joelle Fockler, City Clerk.

5. 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. 4 a. Considering – approval of the minutes from the August 26 and September 5, 2023, meetings. Recommended by the City Clerk.
b. Considering – adoption of Ordinance No. 23-7 entitled, "An Ordinance amending Concord Municipal Code, Title 18 (Development Code), Chapter

18.405 (Permit Application and Processing) and Chapter 18.415 (Design and Site Review), and adding Chapter 18.402 (Pre-Application Procedures)." Ordinance No. 23-7 was introduced on September 5, 2023, by reading of the title only and waiving further reading. Recommended by the City Clerk.

CEQA: Not a “project” under Public Resources Code 21065, CEQA Guidelines Sections 15060(c) or 15378 and in the alternative, if deemed a “project,” exempt pursuant to CEQA Guidelines Section 15061(b)(3). c. Considering – adoption of Ordinance No. 23-8 entitled, "An Ordinance amending the Concord Municipal Code Title 18 Development Code, Section

18.200.180 (Accessory Dwelling Units) (PL20005 - DC)." Ordinance No. 23-8 was introduced on September 12, 2023, by reading of the title only and waiving further reading. Recommended by the City Clerk.

CEQA: Statutorily exempt, pursuant to Public Resources Code Section 21080.17 and CEQA Guidelines Section 15282(h).
d. Considering – approval of revisions to City Policy & Procedure No. 34, Business Meeting Attendance and Travel - Authorization and Reimbursement of Expenses, which includes converting the policy to an Administrative Directive. Recommended by the Assistant City Manager.
e. Considering – recommending to the County Board of Supervisors the reappointment of City of Concord Commission on Aging member Marilyn Fowler to serve on the Contra Costa County Advisory Council on Aging (CCCACOA) for a two-year term ending September 30, 2025, as recommended by the Concord Commission on Aging; and directing the City Clerk to pass the information to the County Board of Supervisors for further action. Recommended by the City Clerk.
f. Confirming – appointment of applicants Brandon Betz and Ellis Moore to the Youth Member positions on the Parks, Recreation and Open Space Commission for one-year terms, effective September 1, 2023, and ending June 30, 2024, as recommended by the Parks, Recreation and Open Space Commission. Recommended by the City Clerk.
g. Considering –

1. Award of a Construction Contract in the not-to-exceed amount of $223,419 to MCE Corporation authorizing staff to utilize the available project contingency for contract change orders up to an additional 15% of the 5 contract amount for the Bailey Road Crossing Enhancements (Project No. 2601) located on Bailey Road at Olive Drive and Limewood Drive; and authorizing the Mayor to execute the contract in a form acceptable to the City Attorney, and make the CEQA determinations as provided in this staff report; (Funded by TDA Grant Funds, Capital Projects-Reimbursement, Fund 402);

2. Approval of a related budget transfer of $135,000 from Pothole and Base Repair #2, Port Chicago and Bates (Project No. 2556) to Project No. 2601 and associated appropriation of such funds (Funded by Measure V Debt Issuance, Fund 407); and

3. Authorizing the City Engineer to accept the improvements upon completion of Project No. 2601 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)(3), 15273, 15378, 15301, 15302, 15303, 15304, and/or Public Resources Code Section 21065.
h. Considering – acceptance of improvements for Oak Grove Road Pavement Rehabilitation – Phase 3 (Project No. 2557); and directing the City Clerk to file a Notice of Completion. Recommended by the Director of Community Development.
i. Considering – approval of an amendment to the task order with Ghirardelli Associates, increasing total contract amount by $74,477.60 for a total not-to- exceed amount of $305,564.93 for Whitman Road Sanitary Sewer Improvements Project (Project No. 2513) constructing sanitary sewer work and repaving portions of Whitman Road between Gilardy Drive and Oak Grove Road; and authorizing the City Manager to execute the amendment in a form acceptable to the City Attorney. Recommended by the Director of Community Development.

CEQA: Not a project/exempt per CEQA Guidelines Sections 15060 (c), 15061 (b)(3), 15273, 15301, 15302, 15304, 15378, and/or Public Resources Code Section 21065.
j. Considering – approval of Task Order #3 with Dewberry Engineers Inc., in the not-to-exceed amount of $141,627.20 (base agreement of $128,752 plus staff authority to spend up to 10% contingency of $12,875.20 in Measure V Projects funds, Fund 490) to provide construction management and materials testing services for 2023 Citywide Pothole and Base Repair Project (Project No. 2593) constructing pavement maintenance on Willow Pass Road from Landana Drive to Avila Road and Ygnacio Valley Road from Alberta Way to Clayton Road; and authorizing the City Manager to execute the amendment in a form acceptable to the City Attorney. Recommended by the Director of Community Development.
6 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.
k. Considering – appropriation in the amount of $800,000 to complete repairs of City facilities and infrastructure damaged during the January 2023 Winter Storm event which have been designated as FEMA projects under Major Damage Declaration FEMA-4683-DR-CA (Funded by Fund 470: Federal Reimbursable Projects). Recommended by the Director of Finance.

CEQA: Not a project/exempt pursuant to Public Resources Code Sections 21065, 21080(2), CEQA Guidelines Sections 15060(c), 15061(b)(2), 15269, 15301, 15302, 15303, 15304, 15305, 15333 , 15273, and/or 15378. l. Considering – introduction of an Ordinance amending Concord Municipal Code, Title 15 (Building and Building Regulations), Chapter 15.75 (Floodplain Management) for consistency with the California Model Floodplain Management Ordinance, by reading of the title only and waiving further reading. Recommended by the Director of Community Development.

CEQA: Not a project/exempt under CEQA Guidelines Sections 15060(c)(2), 15061(b)(3), 15378, 15301, 15302, 15303, and/or 15304.

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

After the public has commented, the item is closed to further public comment and brought to the Council level for discussion and action. Further comment from the audience will not be received unless requested by the Council. No public hearing shall commence after 10 p.m. unless approved by majority vote of the City Council. Please see “How to Participate” above. a. Considering – adopting a Resolution denying the appeal of the Planning Commission's adoption of Resolution No. 23-08 PC and approving the Buttonwood Village Subdivision Tentative Map, Density Bonus with one concession and eight reductions of development standards, Planned Development Use Permit, Design and Site Review, and Tree Removal Permit for a small lot development with 14 single-family detached homes on a 1.67- acre site located at 1836 Clayton Way, APN 114-220-019 (PL23017 – TM, UP, DR, RT), subject to conditions of approval. This item is continued to Tuesday, October 24, 2023.

CEQA: The project is categorically exempt pursuant to CEQA Guidelines Section 15332 (“In-fill Development Projects”).

7. CORRESPONDENCE
Correspondence received at the City Council meeting will be listed here on the Annotated Agenda. 7 8. REPORTS AND ANNOUNCEMENTS
Closed Session Announcements
City Manager or Staff Reports
Council Reports

9. ADJOURNMENT
Next Meeting: Regular Meeting
Date: 10/10/2023 6:00 PM

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

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

MCE
City of Concord Presentation– 10/3/2023
1 3.b

How Electric Service Works
4

Not-for-Profit Public Agency
33 Board Members. Elected officials. No tax dollars.

Solano County Marin County
5 Napa County
Contra Costa County

Your choice
supports new CA
renewables
6 Renewable (%) 38% 60% 100%
Bioenergy 5 5 0
Geothermal 1 5 0
Small Hydro 2 4 0
Solar 22 28 50
Wind 9 17 50
Large Hydro 8 40 0
Natural Gas 5 0 0
Nuclear 49 0 0
Unspecified/Other 0 1 0

PG&E MCE
Light Green
MCE
Deep Green
2022 Electric Power Generation Mix

Understanding MCE Rates
• MCE sets rates for electricity generation
only. MCE does not set rates for electric
delivery, or natural gas.
• MCE typically sets its rates once a year.
• MCE’s rates are released to the public
with a 30-day review and comment
period. All rate changes are reviewed
publicly by MCE’s Board of Directors
and approved in a voting meeting.
7

MCE’s Commercial Programs

Energy Efficiency &
Demand Response
Strategic Energy
Management (SEM)
Programs to reduce energy use
during peak hours
Behavioral changes that save
you money
8 Workplace &
Multifamily Charging
$3,500* rebate for workplace
and multifamily properties

MCE & the City of Concord
9

Concord Customer Highlights
10 • Over 46,778 Customers served by MCE
– 90.4% Participation Rate
• Over 31,240 Metric Tons of CO2
reduced to date through MCE
electricity generation
• Municipal accounts opted up to Deep
Green in 2023
• 9.6% of customers overall participating
in Deep Green

Concord Community Impact
Program Highlights
● Over $115,000 in Electric Vehicle rebates provided to income-qualified Concord Residents to date
● 29 EV charging ports installed to date by City of
Concord in partnership with MCE
Community Engagement and Sponsorships
● Concord’s Music & Market Series
● Members of Concord Chamber of Commerce & Comité
de Negocios Hispanos de Concord
● Monument Impact & La Clínica de la Raza
Partnership Opportunities with City of Concord
● MCE Energy Efficiency Programs
11

Energy Equity at MCE
12

13

Cultivating, Diversity, Equity, & Inclusion
Listening, Engaging, & Educating
14

Thank You!
Kiara Donato
Bilingual Community Development Manager
[email protected]
15

CONTRA COSTA COUNTY
DISTRICT ATTORNEY’S OFFICE

DIANA BECTON, DISTRICT ATTORNEY
1 Neighborhood
Restorative
Partnership

3.c

OVERVIEW OF CRIMINAL PROCESS
2 Incident Occurs
• No Report T o Law
Enforcement
Police Agency
Notified/
Investigation
• No Suspect
Apprehended
CCCDA Review
• Cases Not
Charged
• Return to agency
for additional
investigation
• Or other action
taken, ex. Diversion
Charges Filed

WHAT IS

NEIGHBORHOOD

RESTORATIVE
PARTNERSHIP?
 Neighborhood Restorative Partnership
(NRP) is a community-based, adult,
prefiling diversion program.
 NRP uses restorative justice principals to
resolve low-level, non-violent offenses
outside of the traditional courtroom.
 NRP is comprised of Panelist (volunteers)
from our communities who have been
trained in the principles of Restorative
Justice.
3

HOW ARE THE

PRINCIPLES OF

RESTORATIVE

JUSTICE
UTILIZED?
 Restorative Justice considers a violation of the law as an act that causes harm to people and communities.
 Seeks to:
 Restore the victim
 Restore the community
 Restore participant
 Educate participant and hold accountable
4

HOW DOES NEIGHBORHOOD RESTORATIVE PARTNERSHIP WORK?
 Non-violent offender of crime
applies to participate
5

HOW DOES NEIGHBORHOOD

RESTORATIVE PARTNERSHIP
WORK?
 If accepted, participants engage
in discussions with panelist to
understand why they
committed the crime.
6

HOW DOES NEIGHBORHOOD

RESTORATIVE PARTNERSHIP
WORK
 Participants actively listen to
understand the harm caused
and how to take personal
responsibility to restore the
victim and neighborhood to
stability and safety.
7

PROGRAM COMPLETION
 NRP is about public safety and accountability.
 Successfully completing the program means avoiding
having a criminal record, staying out of the
courtroom, and having avoiding future law
enforcement contact.
8

UPDATES
 53 current participants (08/2023)
 Currently 9 participants enrolled from Concord
 27 completed program requirements (08/2023)
 8 Concord completions
 Tracking for recidivism
9

INTERESTED?

WE NEED VOLUNTEER PANELIST
10

RECRUITING

VOLUNTEERS

NEIGHBORHOOD RESTORATIVE

PARTNERSHIP
CONTRACOSTADA.ORG
11

12

Staff Report
Date: October 3, 2023
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Joelle Fockler, MMC, City Clerk
Prepared by: Stefanie Ananthan, Deputy City Clerk
[email protected]
(925) 671-3085
Subject: Announcing a recruitment for three (3) openings, consisting of two (2) Concord resident positions and one (1) position from either the business community or a Concord resident, on Concord's Measure V Oversight Committee for four-year terms ending December 31, 2027, and setting a deadline of Friday, November 3, 2023, at 5 p.m. for applications to be due to the City Clerk.

Report in Brief
In accordance with Policy and Procedure No. 89, this announcement initiates a recruitment to fill three (3) positions, consisting of two (2) Concord resident positions and one (1) position from either the business community or a Concord resident, on the Measure V Oversight Committee for four-year terms ending December 31, 2027, and setting a deadline of Friday, November 3, 2023, at 5 p.m. as the deadline for receipt of applications by the City Clerk.

Members with expiring terms shall continue to serve until their successor is appointed pursuant to the Concord Municipal Code. All incumbents may apply for reappointment.

If any seated incumbent does not submit an application by the application deadline, the application period will extend by five (5) working days, and the extended submittal deadline of November 10, 2023, will be posted on the City’s website.

Applications will be available on the City’s website beginning Wednesday, October 4, 2023.

4.a4.a

City Council Agenda Report
Agenda Item No. 4.a
October 3, 2023
Recommended Action
Announce a recruitment for three (3) openings, consisting of two (2) Concord resident positions and one (1) position from either the business community or a Concord resident, on the Measure V Oversight Committee to serve four-year terms ending December 31, 2027, and setting a deadline of Friday, November 3, 2023, at 5 p.m. as the deadline for receipt of applications by the City Clerk.

Background and Analysis
The Measure V Oversight Committee consists of five (5) members; at least one (1) representing the business community, at least three (3) residents of the City of Concord, and the fifth member from either category. Members serve four-year terms. The composition of current members, including an overview of their terms, is as follows:

Members Term Expires Position
Gregory Grassi December 31, 2023 Resident
Michelle Lane December 31, 2023 Resident
Diane Sprouse December 31, 2023 Resident
Brian Beckon December 31, 2025 Resident
Brandy Leidgen December 31, 2025 Business Community
Representative
The Measure V Oversight Committee fulfills two areas of responsibility of each of the years that the Measure V 1% (one cent) rate use and transaction tax is collected:

1. Review the City's annual audit report including the Measure V tax revenue and expenditures; and

2. Provide recommendations to the City Council on the use of Measure V revenue.

The Committee produces a report that records the results of its review of the City's audit and its recommendations for expenditure of the revenue generated from the tax. The report is presented to the Council at a public meeting and is a public record.

The City’s Conflict of Interest Code requires the Measure V Oversight Committee members to complete a Conflict of Interest Form 700. Filings are required within 30 days of assuming office and on an annual basis.

The Measure V Oversight Committee is seeking three (3) individuals, consisting of two (2) Concord resident positions and one (1) position from either the business community or a Concord resident position, willing to serve four-year terms ending December 31, 2027. The terms of Gregory Grassi, Michelle Lane, and Diane Sprouse will expire on December 31, 2023.

City Council Agenda Report
Agenda Item No. 4.a
October 3, 2023
Public Contact
The City Council Agenda was posted. A news release will be issued and distributed.

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

Attachment

1. Resolution No. 21-4 Establishing the Measure V Oversight Committee

Attachment 1

SPECIAL MEETING OF THE

CONCORD CITY COUNCIL/CITY COUNCIL

SITTING AS THE LOCAL REUSE AUTHORITY

CITY COUNCIL CHAMBER
1950 PARKSIDE DRIVE

CONCORD, CALIFORNIA, VARIOUS

TELEPHONIC/ELECTRONIC LOCATIONS
SATURDAY, AUGUST 26, 2023
The Concord City Council met in a special meeting in the Council Chamber, located at 1950 Parkside Drive, via various telephonic/electronic locations at 9:10 a.m. on Saturday, August 26, 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; Joelle Fockler, City Clerk; Monique Robinson, Administrative Secretary; Guy Bjerke, Director of Economic Development and Base Reuse; Greg
Taylor, Director of Information Technology; Steve Voorhies, Director of Recreation Services; Damaris Sambajon, Systems and Programming Manager; Joan Ryan, Community Reuse Area Planner; Israel Mora, Executive Assistant

MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Bill Whitney, Contra Costa Building Trades; Aram Hodess, Orinda; Timothy Carr, Concord; Kyle Swarens, Carpenters Union Local 152; Carlos Gama, Concord; Sonya Karabel, Unite Here Local 2; Jose Guiterrez, Unite Here local 2; Josh Anijar, Contra Costa Council; Michael Hayes, Benicia; Anonymous; Judith Herman, Concord; Hope Johnson, Concord; Matthew Estipona, Associated Builders and Contractors; Aaron Tiedemann, East Bay Housing Organization; Ady Olvera, Concord

CITY COUNCIL/LOCAL REUSE AUTHORITY (LRA) CONSIDERATION ITEM

SELECTION OF A PREFERRED MASTER DEVELOPER FOR THE FORMER CONCORD NAVAL

WEAPONS STATION
Director of Economic Development and Base Reuse Guy Bjerke introduced the Local Reuse Authority Team and reviewed the meeting agenda.

The City Council disclosed their meetings or communications with Master Developer teams, community stakeholders, and/or other organizations.

Director Bjerke reviewed the Master Developer selection process and steps that will be taken after the Master Developer selection, including negotiation of the Exclusive Negotiating Agreement.

The Brookfield Properties team presented its proposal for the Community Reuse Project at the Former Concord Naval Weapons Station.

5.a5.a

City Council Minutes August 26, 2023
2 Following questions from the Council, Mayor Hoffmeister opened a public comment period.

Bill Whitney, Contra Costa Building Trades, spoke in support of Brookfield Properties.

Aram Hodess, Orinda, spoke in support of Brookfield Properties.

Timothy Carr, Concord, asked questions about underground wiring, purple pipe to all areas, using solar as standard, and why the North Concord BART project stopped.

Kyle Swarens, Carpenters Union Local 152, spoke in support of Brookfield Properties.

Carlos Gama, Concord, requested affordable housing for lower income workers.

Sonya Karabel, Unite Here Local 2, spoke in support of a Project Labor Agreement and affordable housing at 25 percent of total housing unit count.

Jose Gutierrez, Unite Here Local 2, spoke in support of affordable housing.

Josh Anijar, Contra Costa Council, spoke in support of Brookfield Properties.

Michael Hayes, Benicia, spoke of the cost of growth being passed down to the public via taxes.

Anonymous stated that he wished there was more competition and noted that Brookfield walked away from the North Concord BART Station project.

Judith Herman, Concord, questioned the campus district priority with students taking more remote classes and requested affordable housing and a detailed, transparent pro forma.

Hope Johnson, Concord, stated that the infrastructure will be paid for by taxpayers.

Matthew Estipona, Associated Builders and Contractors, requested that Associated Builders and Contractors be included as a stakeholder in discussions.

Aaron Tiedemann, East Bay Housing Organization, spoke of affordable housing.

Ady Olvera, Concord, requested a commitment for affordable housing, housing for the unhoused, and a transparent, detailed pro forma.

Mayor Hoffmeister closed the public comment period.

Following clarifying questions and comments from the Council, a motion was made by Aliano and seconded by Birsan to identify Brookfield Properties as the preferred Master Developer to work with staff on the next step in the selection process, preparing an Exclusive Negotiating Agreement that will require subsequent Council/LRA action. The motion passed by unanimous vote of the Council.

CORRESPONDENCE
a. Agenda Item No. 2.a Benched Correspondence
b. Agenda Item No. 2.a Staff PowerPoint Presentation
c. Agenda Item No. 2.a Brookfield Properties PowerPoint Presentation

City Council Minutes August 26, 2023
3 ADJOURNMENT
By order of the Mayor, the meeting was adjourned on August 26, 2023, at 12:36 p.m.

LAURA M. HOFFMEISTER
MAYOR

JOELLE FOCKLER, MMC

CITY CLERK

REGULAR MEETING OF THE

CONCORD CITY COUNCIL

CITY COUNCIL CHAMBER
1950 PARKSIDE DRIVE

CONCORD, CALIFORNIA AND VARIOUS

TELEPHONIC/ELECTRONIC LOCATIONS
TUESDAY, SEPTEMBER 5, 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 6:00 p.m. on Tuesday, September 5, 2023, with Mayor Hoffmeister presiding. The pledge of allegiance was led by Councilmember Obringer.

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

ROLL CALL
COUNCILMEMBERS PRESENT: Dominic Aliano, Edi Birsan, Laura Nakamura, Carlyn Obringer, Laura Hoffmeister (Councilmember Nakamura
participated remotely pursuant to AB 2449)
STAFF PRESENT: Valerie Barone, City Manager; Susanne Brown, City Attorney; Justin Ezell, Assistant City Manager; Joelle Fockler, City Clerk; Stefanie Ananthan, Deputy City Clerk; Monique Robinson, Administrative Secretary; Greg Taylor, Director of Information Technology; Mark Bustillos, Chief of Police; James Nakayama, Police Captain; Kevin Marstall, Director of Community
Development; William Tarbox, Director of Public Works; Shaun Parsley, Police Corporal; Sean Donnelly, Police Lieutenant; Carlton Thompson, City Engineer; Bernard Enrile, CIP Manager; Tianjun Cao, Associate Civil Engineer; Deyuanne Lei, Associate Civil Engineer; Mindy Gentry, Planning Manager; Sophia
Huckabay, Housing Manager; Frank Abejo, Principal Planner

MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Sreenivas Ramireddry, Danville; Aeysha Corio, Contra Costa Association of Realtors; Josh Aniger, Contra Costa Labor Council; Robert Ring; Reed Robertson, Concord; Mary Estrada, Concord; Angie Chape, Concord; Mercedes Pena, Concord;
Blaine Carter, Concord; John De Sousa, Concord; Marisol Chavez, Rising Juntos; Julia Zermeno, Rising Juntos; Dalila Quirarte, Rising Juntos; Kenneth Kent, Concord; Joe Summers, Contra Costa Labor Council; Uziel Acosta, Concord; Elsie Mills, Concord; Traci Young, Contra Costa Labor Council; Cleo Arias, Concord; Rev. Laura Eberly, Episcopal Clergy; Mari Martinez, Concord; Carlos Gama, Concord; Guadalupe Tolento, Concord; Maria Muillo, Concord; Betty Gabaldon, Todos Santos Tenants Union; Alyssa Kang, California Nurses Association; Debra Ballinger, Concord; Valerie Crowell, Concord; Dolores Ramos, Rising Juntos; Cristina Marin, Rising Juntos; Tammy Chen, Concord; George de Sousa, Concord; Maria de Sousa, Concord; Mac Zhu; Elena Lieberman, CCRM; Jima Monson, Rising
Juntos; Destiny Castillo; Rhovy Lyn Antonio, California Apartment Association; Juan Domian, Todos Santos Tenants Union; Mark Orcutt, East Bay Leadership Council; Karen
Hernandez; Latrel Powell, Public Advocates; Amy Scott-Slovick, R.N., California Nurses Association; Jim Yan, Concord; Kelly Zhao, EBASE; Jo Sciarroni, Concord; Ali Uscilka, Concord; Chao

City Council Minutes September 5, 2023
2 Ruem, Concord; Janet Kinney, California Nurses Association; Jennifer Morales, Monument Impact; Maria Dominguez,
Concord; Vanessa Chena, Monument Impact; Gabi Rivas, Rising Juntos; Rhea Laughlin, Rising Juntos; Rev. Millie Phillips, Faith Alliance for a Moral Economy; Kristi Laughlin, EBASE;
Anonymous; Wallace Freddie; Peter; Meina Young; Alma
Jimenez, Monument Impact; Natalie; Astrid; Eduardo Torres, Get it Together; Jennifer Lu, BAHN; Rev. Steve Hahn, Ygnacio Valley Presbyterian Church; Ady Olvera, Concord

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

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

APPROVAL OF MINUTES – August 22, 2023
A motion was made by Obringer and seconded by Birsan to approve the minutes from the August 22, 2023, regular meeting. The motion passed by unanimous vote of the Council.

APPROVAL OF PURCHASE – 75 Cradlepoint 5G Ruggedized Network Routers and Antennas A motion was made by Obringer and seconded by Birsan to approve the purchase of 75 Cradlepoint 5G ruggedized network routers and antennas for use in police vehicles from CDCE Inc. in an amount not to exceed $231,106.57, including a 10% contingency, in accordance with the City’s technology replacement schedule. The motion passed by unanimous vote of the Council.

APPROVAL TO RENEW AN AGREEMENT – Contra Costa County Sheriff’s Office, Forensic Services Division
A motion was made by Obringer and seconded by Birsan to renew the agreement between the City of Concord and the Contra Costa County Sheriff’s Office, Forensic Services Division, for the County to provide forensic services from July 1, 2023 to June 30, 2025 (2-years) with a not-to-exceed cost of $525,000 for each fiscal year, and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.

DESIGNATING MAYOR HOFFMEISTER AS THE VOTING DELEGATE FOR THE LEAGUE OF

CALIFORNIA CITIES ANNUAL CONFERENCE AND EXPO
A motion was made by Obringer and seconded by Birsan to designate Mayor Hoffmeister as the Voting Delegate for the League of California Cities Annual Conference and Expo on September 20-22, 2023. The motion passed by unanimous vote of the Council.

RESPONSE TO CONTRA COSTA GRAND JURY REPORT NO. 2306 – Affordable Housing: “A Plan Without a Home”
A motion was made by Obringer and seconded by Birsan to approve the City’s Response to Contra Costa County Grand Jury Report No. 2306, Affordable Housing: “A Plan Without a Home.” The motion passed by unanimous vote of the Council.

City Council Minutes September 5, 2023
3 APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT – BKF Engineers for the Willow Pass and Landana Sewer Capacity Improvements Project (Project Nos. 2702 and 2704) A motion was made by Obringer and seconded by Birsan to approve a Professional Services Agreement in the amount of $648,000 (base agreement of $589,000 plus staff authority to spend up to a 10% contingency of $59,000) to BKF Engineers for project design and related services for the Willow Pass and Landana Sewer Capacity Improvements Project (Willow Pass Road and Landana Drive) [Project Nos. 2702 and 2704]; and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.

ADOPTION OF RESOLUTION NO. 23-61 – Grant Funding from the California Office of Traffic Safety (OTS)
A motion was made by Obringer and seconded by Birsan to adopt Resolution No. 23-61 entitled, “A Resolution Accepting and Appropriating Grant Funding from the California Office of Traffic Safety (OTS) in the Amount of $275,000 for Select Traffic Enforcement and Appropriation of Funds and Approval for Use for the City’s Selective Traffic Enforcement Program (Project No. 2711).” The motion passed by unanimous vote of the Council.

AWARD OF A CONSTRUCTION CONTRACT AND APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT – Monument Boulevard Signal Upgrade (Project No. 2578) A motion was made by Obringer and seconded by Birsan to approve the following:

1. Award a Construction Contract in the not-to-exceed amount of $1,981,000 to St. Francis Electric, LLC, authorizing staff to utilize the available project contingency for contract change orders up to an additional 10% of the contract amount for the Monument Boulevard Signal Upgrade (Project No. 2578) located on Monument Boulevard between Concord Boulevard and Mohr Lane; and authorize the Mayor to execute the contract in a form acceptable to the City Attorney;

2. Approve an Agreement for Professional Services with Mark Thomas and Company, Inc. in the not-to-exceed amount of $349,495.30 (base agreement of $317,723 plus staff authority to spend up to a 10% contingency of $31,772.30) to provide construction management, inspection, and materials testing services for Monument Boulevard Signal Upgrade (Project No. 2578) located on Monument Boulevard between Concord Boulevard and Mohr Lane; and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney; and

3. Authorize the City Engineer to accept the improvements upon completion of Project No. 2578, and direct the City Clerk to file a Notice of Completion.

The motion passed by unanimous vote of the Council.

CITY COUNCIL CONSIDERATION ITEM

RESIDENTIAL RENT STABILIZATION AND JUST CAUSE FOR EVICTION WORKSHOP Housing Manager Sophia Huckabay presented the staff report, provided background information and explained the purpose and need for a Housing Policy in the City of Concord, gave an overview of the research and community outreach conducted, and highlighted comparisons to other jurisdictions’ policies.

Suzy Kim, Director with RSG, continued the presentation and provided an overview of different State laws that provide protections and limits relating to rent stabilization, an overview of local law that grants additional protections to Concord residents, and discussed rent stabilization factors including covered units, rent increase limits, rent banking, petition for fair return, petition for capital improvement pass-throughs, tenant petitions, and petition fees. Ms. Kim then explained policy decisions for just cause

City Council Minutes September 5, 2023
4 for evictions including covered/exempt units, additional thresholds/requirements, relocation assistance, and just cause effective period, and policy decisions related to enforcement and fee structure, providing policy options for consideration and feedback related to enforcement, administration and fees, and retroactive rent limit. She then explained that Council was being requested to provide feedback on elements to be incorporated into a Residential Rent Stabilization Ordinance and Amendments to the Just Cause for Eviction Component of the City’s Residential Tenant Protection Ordinance.

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

The following people spoke in support of a Residential Rent Stabilization Ordinance and Just Cause for Eviction Component of the City’s Residential Tenant Protection Ordinance for the City of Concord:

Josh Anijar, Contra Costa Labor Council
Mary Estrada, Concord
Angie Chape, Concord
Mercedes Pena, Concord
Marisol Chavez, Rising Juntos
Julia Zermeno, Rising Juntos
Dalila Quirarte, Rising Juntos
Kenneth Kent, Concord
Joe Summers, Contra Costa Labor Council
Uziel Acosta, Concord
Elsie Mills, Concord
Traci Young, Contra Costa Labor Council
Cleo Arias, Concord
Rev. Laura Eberly, Episcopal Clergy
Mari Martinez, Concord
Carlos Gama, Concord
Guadalupe Tolento, Concord
Maria Muillo, Concord
Betty Gabaldon, Todos Santos Tenants Union
Alyssa Kang, California Nurses Association
Debra Ballinger, Concord
Dolores Ramos, Rising Juntos
Cristina Marin, Rising Juntos
Jima Monson, Rising Juntos
Destiny Castillo
Juan Domian, Todos Santos Tenants Union
Karen Hernandez
Latrel Powell, Public Advocates
Amy Scott-Slovick, R.N., California Nurses Association

City Council Minutes September 5, 2023
5 Kelly Zhao, EBASE
Ali Uscilka, Concord
Janet Kinney, California Nurses Association
Jennifer Morales, Monument Impact
Maria Dominguez, Concord
Vanessa Chena, Monument Impact
Gabi Rivas, Rising Juntos
Rhea Laughlin, Rising Juntos
Rev. Millie Phillips, Faith Alliance for a Moral Economy Kristi Laughlin, EBASE
Alma Jimenez, Monument Impact
Natalie
Eduardo Torres, Get it Together
Rev. Steve Hahn, Ygnacio Valley Presbyterian Church
Ady Olvera, Concord
The following people spoke in opposition of a Residential Rent Stabilization Ordinance and Just Cause for Eviction Component of the City’s Residential Tenant Protection Ordinance for the City of Concord:

Sreenivas Ramireddry, Danville
Aeysha Corio, Contra Costa Association of Realtors
Robert Ring
Reed Robertson, Concord
Blaine Carter, Concord
John De Sousa, Concord
Valerie Crowell, Concord
Tammy Chen, Concord
George de Sousa, Concord
Maria de Sousa, Concord
Mac Zhu
Elena Lieberman, CCRM
Rhovy Lyn Antonio, California Apartment Association
Mark Orcutt, East Bay Leadership Council
Jim Yan, Concord
Jo Sciarroni, Concord
Chao Ruem, Concord
Anonymous
Wallace Freddie

City Council Minutes September 5, 2023
6 Peter
Meina Young
Astrid
Jennifer Lu, BAHN
Mayor Hoffmeister closed the public comment period.

Mayor Hoffmeister recessed the meeting at 8:51 p.m. The meeting resumed at 9:07 p.m.

Due to the time and the remaining public hearing item, Mayor Hoffmeister recessed Agenda Item No. 4.a at 9:35 p.m. to consider Agenda Item No. 5.a before 10:00 p.m. Agenda Item No. 4.a resumed at 10:34 p.m.

Following discussion by the Council, a motion was made by Birsan and seconded by Aliano to continue Agenda Item No. 4.a to Tuesday, September 12, 2023, at 6:00 p.m. The motion passed by unanimous vote of the Council.

Due to the late hour, a motion was made by Aliano and seconded by Obringer to consider the remaining items on the agenda. The motion passed by unanimous vote of the Council.

CITY COUNCIL PUBLIC HEARING
INTRODUCTION OF ORDINANCE NO. 23-7 – Housing Acceleration Development Code Amendments Principal Planner Frank Abejo presented the staff report, provided background information and explained the purpose of the proposed Development Code amendments, discussed the amendments related to State law including design and site review exemptions and creating a new chapter for pre- application procedures, and the amendments related to the Housing Element. Mr. Abejo expanded on the policy discussion topics, referenced the CEQA exemption, and explained that Council was being requested to introduce an Ordinance amending the Concord Municipal Code, Title 18 (Development Code), Chapter 18.405 (Permit application and processing) and Chapter 18.415 (Design and site review), and adding Chapter 18.402 (Pre-application procedures) in order to implement State law and the 2023- 2031 Housing Element, to accelerate housing production, by reading of the title only and waiving further reading.

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

Following discussion by the Council, a motion was made by Obringer and seconded by Aliano to introduce Ordinance No. 23-7 entitled, “An Ordinance Amending Concord Municipal Code, Title 18 (Development Code), Chapter 18.405 (Permit Application and Processing) and Chapter 18.415 (Design and Site Review), and Adding Chapter 18.402 (Pre-Application Procedures)” by reading of the title only and waiving further reading, with the following text changes to Exhibit A of the Ordinance:
 Section 18.405.050 ‘Neighborhood Meeting’
o Subject A, Sections 1 and 2 – Change from 300 feet to 500 feet o Subject B – Change from 300 feet to 500 feet
 Section 18.415.020 ‘Applicability,’ Subject A, Section 11 – “Residential and mixed-use projects that do not meet…”
 Section 18.415.030 ‘Exemptions,’ Subject M – “Residential or mixed-use development projects that conform to objective design standards. For purposes of this section, a mixed-use development shall mean a project with at least two-thirds of total square footage designed for residential use (including residential amenities) and that meets the

City Council Minutes September 5, 2023
7 minimum residential density required by the General Plan.”  Section 18.415.030 ‘Exemptions,’ Subject N – “Residential or mixed-use development on sites previously…”
The motion passed by unanimous vote of the Council.

CORRESPONDENCE
a. Agenda Item No. 4.a – Rent Stabilization and Just Cause for Eviction – Benched Correspondence
b. Agenda Item No. 4.a – Rent Stabilization and Just Cause for Eviction – PowerPoint Presentation c. Agenda Item No. 5.a – Housing Acceleration Development Code Amendments – PowerPoint Presentation

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

ADJOURNMENT
By order of the Mayor, the meeting was adjourned on September 5, 2023, at 11:56 p.m.

LAURA M. HOFFMEISTER
MAYOR

JOELLE FOCKLER, MMC

CITY CLERK

Ord. No. 23-7 1
ORDINANCE NO. 23-7

AN ORDINANCE AMENDING CONCORD MUNICIPAL CODE, TITLE
18 (DEVELOPMENT CODE), CHAPTER 18.405 (PERMIT APPLICATION AND PROCESSING) AND CHAPTER 18.415 (DESIGN AND SITE
REVIEW), AND ADDING CHAPTER 18.402 (PRE-APPLICATION

PROCEDURES)
WHEREAS, Government Code Section 65800 et seq. provides for the amendment of any and all adopted City of Concord (“City”) zoning laws, ordinances, rules, and regulations; and WHEREAS, the State of California has declared housing a matter of statewide importance; and WHEREAS, to address the housing shortage, the State of California has enacted laws to accelerate housing production by, among other things, requiring local governments to streamline approvals for certain types of residential, mixed-use, and special needs housing developments; and WHEREAS, the State of California has found that local governments have a responsibility to facilitate the development of housing for all economic segments of the community (Government Code Section 65580(d)); and
WHEREAS, the Regional Housing Needs Allocation (RHNA) assigned to the City of Concord by the Association of Bay Area Governments requires that the City plan for 5,073 units of new housing between 2023 and 2031, including 2,883 units affordable to very low-, low-, and moderate-income households; and
WHEREAS, the City has not produced a sufficient number of affordable units to meet its RHNA in prior Housing Element cycles; and
WHEREAS, the shortage of affordable housing in the City has led to insufficient supply of housing for the local workforce and student population, leading to overcrowding in some units, placing a cost burden on households, and long commutes as workers seek affordable housing in other communities; and
WHEREAS, the City has adopted a 2023-2031 Housing Element in compliance with state law that includes goals for providing a balanced supply of housing types, densities, and prices to meet the needs of all income groups residing or who wish to reside in Concord, and promoting the expansion of

5.b5.b5.b5.b

Ord. No. 23-7 2
housing opportunities for all groups with special housing needs; and WHEREAS, the City finds that the housing supply shortage for persons of very low-, low-, and moderate-incomes and persons with special housing needs is detrimental to the public health, safety and welfare and that it is a public purpose of the City, and a public policy of the State of California, to make an adequate supply of housing available for persons of all income groups and persons with special housing needs; and
WHEREAS, amendments are proposed to the Concord Municipal Code, Title 18 (Development Code), Chapter 18.405 (Permit application and processing), Chapter 18.415 (Design and site review), and adding Chapter 18.402 (Pre-application procedures) for consistency with state law and implementation of 2023-2031 Housing Element Programs 2.2, 6.1, 15.2, and 22.6(b); and WHEREAS, the amendments collectively are shown in the form of the proposed Development Code, attached hereto as Exhibits A, B, and C (hereafter referred to as “Amendments”); and WHEREAS, the City has complied with the requirements of the Local Planning Law (Government Code section 65100 et seq.), and the City’s applicable ordinances and resolutions with respect to approval of amendments to Title 18 of the Concord Municipal Code (“Development Code”); and
WHEREAS, the Planning Commission, after giving all public notices required by state law and the Concord Municipal Code, held a duly noticed public hearing on August 2, 2023 on the proposed Amendments, received the staff report and staff presentation, received comments from the public and interested parties, and after closing the public comments portion discussed the matter (the “Planning Commission Hearing Information”); and
WHEREAS, on August 2, 2023, the Planning Commission, after consideration of all pertinent plans, documents, testimony and Planning Commission Hearing Information, recommended the City Council adopt an Ordinance approving the Amendments; and WHEREAS, the City Council, after giving all public notices required by state law and the Municipal Code, held a duly noticed public hearing on September 5, 2023 to consider this Ordinance; and

Ord. No. 23-7 3
WHEREAS, at such public hearing, the City Council considered all oral and written information, testimony, and comments and at the public hearing, the oral report from City staff, the written report from City staff dated September 5, 2023, attached materials, exhibits presented, the Planning Commission Hearing Information, and all other information that constitutes the record of proceedings relating to the proposed Ordinance, which are maintained at the offices of the City of Concord City Clerk, 1950 Parkside Drive, Concord, CA (collectively, “City Council Information”).

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

Section 1. All of the facts set forth in the Recitals are true and correct and are hereby incorporated and adopted as findings of the City Council as if fully set forth herein.

Section 2. The City Council has reviewed, considered, and evaluated all of the Planning Commission Information, City Council Information, all other pertinent plans, documents, and testimony prior to acting upon Ordinance.

Section 3. The documents and other materials that constitute the record of proceedings upon which the City Council has based its decision are located in an may be obtained from the City of Concord Clerk’s Office, 1950 Parkside Drive, Concord, CA 94519.

Section 4. The City Council finds that the proposed Municipal Code Amendments are exempt from CEQA pursuant to Public Resources Code 21065 and CEQA Guidelines Section 15060(c)(2) or 15378 in that they do not constitute a “project” as defined by CEQA since they do not have the potential to result in either a direct physical change to the environment or a reasonably foreseeable indirect physical change to the environment. If the Ordinance did constitute a “project” under CEQA, the Ordinance falls within the “common sense” exemption set forth in 14 Cal. Code Regs. Section 15061(b)(3), excluding project where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment…” Therefore, the proposed Municipal Code Amendments do not warrant further environmental review. This determination reflects the City’s independent judgement and analysis.

Section 5. The proposed amendment is consistent with the general plan. The proposed

Ord. No. 23-7 4
Amendments consist of updates to current Development Code chapters and the addition of a new chapter in order to implement state law and 2021–2031 Housing Element programs, and is in conformance with the General Plan by providing a balanced supply of housing types and prices to meet the needs for all economic segments of the community and promoting the expansion of housing opportunities for all groups with special housing needs, such as supportive, transitional, and group housing. The proposed Amendment is also internally consistent with all other provisions and elements of the General Plan.

Section 6. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the city. The proposed Amendments would not be detrimental to the public interest, health, safety, convenience, or welfare of the city. In response to California’s housing shortage, the State has adopted laws to accelerate housing production by removing or limiting the City’s discretionary review on housing developments. The proposed Amendments would implement state law in addition to Housing Element Programs. The proposed Amendments would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. On the contrary, the proposed Amendments will serve the City’s public interest by facilitating residential projects to help alleviate the City of Concord’s housing shortage and special housing needs. In the event the City has discretion on residential projects facilitated by the proposed Amendments, the City will evaluate the projects against applicable policies to ensure they will not be detrimental to the public interest, health, safety, or welfare of the City.

Section 7. Zoning map amendments shall also find that the affected site is physically suitable, including absence of physical constraints, access, compatibility with adjoining land uses, and provision of utilities, for the requested zoning designation and proposed or anticipated uses and/or development. The Amendments do not include any amendments to the zoning map.

Section 8. The City Council does hereby pass and adopt this Ordinance No. 23-XX.

Section 9. Municipal Code, Title 18 (Development Code), Chapter 18.405 (Permit application and processing) and Chapter 18.415 (Design and site review) are hereby amended, as set forth in Exhibits A and B respectively, and Chapter 18.402 (Pre-application procedures) is hereby added, as

Ord. No. 23-7 5
set forth in Exhibit C attached hereto and made a part hereof.

Section 10. This Ordinance No. 23-7 shall become effective thirty (30) days following its passage and adoption or the effective date of Ordinance No. 23-6 an Ordinance adding Chapter

18.152 – Objective Design Standards to the Concord Municipal Code (Title 18), whichever occurs last. 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)
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Ord. No. 23-7 6
Ordinance No. 23-7 was duly and regularly introduced at a regular meeting of the City Council of the City of Concord held on September 5, 2023, and was thereafter duly and regularly passed and adopted at a regular meeting of the City Council of the City of Concord on October 3, 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: CMC Chapter 18.405 (Permit application and processing) Exhibit B: CMC Chapter 18.415 (Design and site review)
Exhibit C: CMC Chapter 18.402 (Pre-application procedures)

Concord Municipal Code
Chapter 18.405 PERMIT APPLICATION FILING AND

PROCESSING

Chapter 18.405

PERMIT APPLICATION FILING AND PROCESSING
Sections:

18.405.010 Purpose.

18.405.020 Multiple permit applications.

18.405.030 General Aapplication requirements.

18.405.040 Preliminary application.

18.405.05040 Application review.

18.405.06050 Neighborhood meeting.

18.405.07060 Environmental review.

18.405.08070 Revised materials.

18.405.09080 Evaluation and staff report.

18.405.010 Purpose.

This chapter contains procedures and requirements for the preparation, filing, and processing of discretionary planning permit applications required by the development code. Projects shall complete the applicable pre-application requirements of CDC Chapter 18.402 (Pre-application procedures) prior to completing and filing a permit application under this chapter [Ord. 12-4. DC 2012 § 122-867].

18.405.020 Multiple permit applications.

A. Concurrent Filing and Approvals. When a single project requires multiple discretionary permit applications and Table 18.400.020 shows more than one review authority, all applications shall be filed, processed, reviewed, and approved or disapproved concurrently by the highest level of authority required for any one application. For example, a project with a zoning map amendment and use permit shall be filed, processed, reviewed, and approved or disapproved by the city council (after a recommendation from the planning commission) where a use permit application by itself may be reviewed and acted upon by the planning commission. (Similarly, a minor use permit with a major subdivision would be acted upon by the planning commission where the minor use permit by itself would be acted upon by the zoning administrator.) B. Exceptions.

1. At the discretion of the zoning administrator, a design and site development review application in connection with a minor subdivision for single-family dwellings may be processed and reviewed following approval of the minor subdivision and recordation of the parcel map. [Ord. 17-5 § 2 (Exh. F); Ord. 12-4. DC 2012 § 122-868].

2. When state law or the Concord Municipal Code requires ministerial design and site review for a project, the decision to approve or deny the project’s design shall be issued prior to the review authority’s consideration of other discretionary permits required for the project, provided that the permits to construct the project shall not be issued until all required planning permits have been approved for the project.

18.405.030 General aApplication requirements.

A. Preapplication Meeting. Prospective applicants shall arrange a meeting with staff prior to completing and filing a permit application in order to:

1. Inform the applicant in general of city requirements as they apply to the proposed project; Exhibit A

Concord Municipal Code
Chapter 18.405 PERMIT APPLICATION FILING AND

PROCESSING

2. Review the city’s approval process, possible project alternatives, or modifications;

3. Determine the type of permits required for the project;

4. Review the submittal requirements in the application checklist; and

5. Identify any necessary technical studies and information relating to the environmental review of the project.

BA. Submittal Requirements.

1. Application Checklists. The planning division shall prepare and maintain an application checklist or multiple checklists that specify the information required for each type of planning permit application required by the development code. The checklists shall identify application materials such as fees, plans, drawings, statements, photographs, color, and material samples, photo simulations, models, renderings, and other items necessary to show existing conditions and to convey the details of the project.

2. Filing.
a. Each application required by the development code shall be accompanied by the information on all applicable checklists, as identified at the preliminary meeting initial meeting (if applicable) on all applicable checklists, in compliance with the procedures listed in this chapter.
b. The planning division may authorize use of a single application form and submittal materials for multiple land use applications required by the development code.

3. Additional Information. The planning division may require additional information as necessary to determine the level of environmental review required pursuant to the California Environmental Quality Act (CEQA) and any adopted city environmental review procedures.

4. Eligibility for Filing. Applications shall be filed by the owner of the subject property, authorized agent, or representative, with the written consent from the property owner.

5. Fees. All required fees shall accompany each application. Fees are established by the city council resolution of fees and charges for various municipal services, in effect as of July 1st of any given year (hereby referred to as the “city or city’s fee schedule”). No application shall be deemed complete and processing shall not commence on any application until all required fees and deposits have been paid.

6. Public Information. All submitted materials become the property of the city and will be available to the public. Any person may review an application and supporting materials in the planning division offices, subject to city procedures. Copies of such materials shall be made available at cost as established by the city. [Ord. 12-4. DC 2012 § 122-869].

18.405.040 Preliminary application.

A preliminary application process is intended to provide information on relevant general or specific plan policies, development code regulations, design guidelines, policies, and procedures related to projects subject to legislative or discretionary approval pursuant to the development code. This review is required for the following discretionary projects: all infill residential projects, projects located within 300 feet of a residential district, complex projects with multiple applications, and potentially controversial projects or uses. The planning division

Concord Municipal Code
Chapter 18.405 PERMIT APPLICATION FILING AND

PROCESSING

may waive this requirement, as appropriate, when determined that there would be no additional benefit for preliminary review.

A. No preliminary application will be accepted for review without payment of the fee established by the city’s fee schedule and submission of materials identified on the application checklist on file with the planning division.

B. A preliminary application is not subject to the requirements of the California Permit Streamlining Act or the California Environmental Quality Act (CEQA), as determined by state law.

C. Preliminary application review shall include conceptual design and site review by the design review board, as applicable, and any required neighborhood meeting.

D. The planning division shall provide the applicant with a written summary of staff’s preliminary comments on the project, within 30 days of the review. [Ord. 17-5 § 2 (Exh. F); Ord. 12-4. DC 2012 § 122-870].

18.405.05040 Application review.

A. Development Advisory Committee.

1. The development advisory committee (DAC) comprised of city staff shall review preliminary applications and other legislative or discretionary applications for completeness, consistency with city requirements, and accuracy before accepted as a complete application and officially filed. The determination of completeness shall be based on the city’s application checklist for each type of application filed, in addition to other information identified by city staff in the preliminary application meeting.

2. Application materials shall be distributed to DAC members and referred to any public agency that may be affected by or have an interest in the proposed project, at the discretion of the planning division, or where otherwise required by the development code, local, state, or federal law.

3. Neither the preliminary application meeting nor The development advisory committee meeting shall not be construed as a recommendation for approval or denial of the application, project, or use by city staff. Failure by city staff to identify all required studies or all applicable requirements does not constitute a waiver of those requirements.

B. Complete Application 1. As required by Government Code Section 65943, within 30 calendar days of application filing, the applicant shall be informed in writing, that the application is complete and has been accepted for processing, or that the application is incomplete and lists the items that need to be submitted in order to deem the application complete.

2. The official filing date of an application shall be the date on which the planning division receives the last submission of a map, plans, or other materials as required to deem the application complete, in compliance with this chapter.

C. Information for Environmental Review. After an application has been accepted as complete, the planning division may require additional information as needed for environmental review of the project.

Concord Municipal Code
Chapter 18.405 PERMIT APPLICATION FILING AND

PROCESSING

D. Incomplete Application. When an application is deemed incomplete, the date of any new submittal shall begin another 30-day review period as described above. The time used by the applicant to submit the required information shall not be considered as part of the time within which the determination of completeness shall occur.

E. Expiration of Application.

1. If an applicant fails to provide the additional information required to complete the application, specified in the planning division’s completeness letter, within six months after the date of the first filing of the application, the application shall expire and shall be deemed withdrawn, without any further action by the city.

2. Upon request, the planning division may grant an extension for up to an additional six months, based on reasonable explanation for the delay in submitting the required additional information. Any extension shall be subject to any additional fees.

3. After an application expires, a completely new application shall be filed, including all submittal requirements and current filing fees, in accordance with the requirements of this chapter.

F. Violations on the Site.

1. The planning division may reject and not process an application or find it complete, if any condition exists on the site in violation of the development code, the Concord Municipal Code, or any permit or other approval granted in compliance with the development code or Concord Municipal Code, except for any permit application needed to correct the violation.

2. The planning division authority under this section shall apply whether:
a. The current applicant was the owner of the subject property at the time the violation occurred; or
b. The applicant is the current owner of the subject property with or without actual or constructive knowledge of the violation at the time of acquisition of the subject property. [Ord. 12-4. DC 2012 § 122-871].

18.405.06050 Neighborhood meeting.

A. When required, All applicants shall conduct a neighborhood meeting, in accordance with city procedures, following submittal of a preliminary application under CDC Section 18.402.030 or formal application to the planning division. Neighborhood meetings shall be required for the following projects that require discretionary approval:

1. All infill residential projects or mixed-use projects with at least two-thirds residential floor area that are located within 300 feet of an existing residential use;

2. Non-residential Pprojects located within 300 500 feet of a residential district;

3. Complex non-residential projects with multiple applications;

4. Potentially controversial non-residential projects; or

5. Non-residential Uses projects that have the potential to affect surrounding properties.

Concord Municipal Code
Chapter 18.405 PERMIT APPLICATION FILING AND

PROCESSING

6. Any project that requires a legislative action such as a general plan amendment or rezoning.

B. Prior to the approval of a residential or mixed-use project subject to ministerial review, the project proponent shall conduct a neighborhood meeting, with meeting notice provided to properties within 500 feet of the project boundaries, if the project proposes five or more dwelling units or lots and the site is located within 500 feet of an existing residential use. To the extent the notification requirement of this section conflicts with Chapter 18.500 (Public hearings), this section shall apply.

BC. Notice of the neighborhood meeting shall be provided to all of the adjacent residents and property owners in accordance with the city’s public notification requirements and procedures as outlined in a handout on file with the planning division.

CD. At the meeting, the applicant shall present the project plans and provide basic information about the project, including a site analysis that graphically depicts the existing site and shows the surrounding conditions and neighborhood context.

DE. Notwithstanding the above, if the project does not present issues of sufficient concern to warrant a neighborhood meeting, or if the neighborhood meeting would exceed the limit of five hearings or meetings pursuant to California Government Code Section 65905.5, the planning division may waive this requirement. [Ord. 12-4. DC 2012 § 122-872].

F. When required, the neighborhood meeting shall be conducted as soon as adequate information on the project has been provided to the City, and when feasible, prior to the application being deemed complete.

18.405.07060 Environmental review.

After acceptance of a complete application, the project shall be reviewed as required by the California Environmental Quality Act (CEQA) and any adopted city environmental review procedures. [Ord. 12-4. DC 2012 § 122-873].

18.405.08070 Revised materials.

A. Whenever an applicant files revised materials, the materials shall be submitted at least 15 days before any scheduled public meeting or hearing on the application, with the exception of plans submitted for design and site review, which may be up to one day prior to the meeting, as determined by the planning division.

B. The planning division may accept revised materials after the above deadline if they determine that there is sufficient time to review the revised materials before the scheduled hearing date.

C. The review authority may continue an application to the next available meeting in order to adequately evaluate any materials received after receipt of the application package. [Ord. 12-4.

DC 2012 § 122-874].

18.405.09080 Evaluation and staff report.

A. The planning division shall review all applications for compliance with application requirements and the development code to determine whether they comply and are consistent with the general plan, the provisions of the development code, and other applicable provisions of the Concord Municipal Code (CMC).

B. The planning division shall provide a written report to the applicable review authority and a recommendation on whether the application should be approved, approved subject to

Concord Municipal Code
Chapter 18.405 PERMIT APPLICATION FILING AND

PROCESSING

conditions, or disapproved. The report shall address all findings required by the development code.

C. Staff reports shall be furnished to the applicant at the time they are provided to the review authority, prior to the scheduled hearing. [Ord. 12-4. DC 2012 § 122-875].

Concord Municipal Code
Chapter 18.415 DESIGN AND SITE REVIEW

Chapter 18.415

DESIGN AND SITE REVIEW
Sections:

18.415.010 Purpose.

18.415.020 Applicability.

18.415.030 Exemptions.

18.415.040 Discretionary Rreview authority.

18.415.050 Application.

18.415.060 Design review board.

18.415.070 Scope.

18.415.075 Ministerial design review .

18.415.080 Discretionary Ddesign review criteria.

18.415.090 Discretionary Rreview.

18.415.100 Discretionary Ddecision and findings.

18.415.110 Post -decision procedures.

18.415.010 Purpose.

This chapter establishes standards and procedures for design and site review. The purpose of design and site review is to recognize the interrelationship between the appearance of open spaces, buildings, and structures in order to ensure the orderly development of the city, the stability of land values, and the construction of structures, additions, or alterations with proper attention to the harmony, compatibility, and aesthetic quality of site design, architecture, landscape architecture, signs, and engineering. [Ord. 17-2 § 2 (Exh. L); Ord. 12-4. DC 2012 § 122-901].

18.415.020 Applicability.

A. Design and site review shall be required for all of the following, with the exception of individual single-family homes and related improvements, except as identified in subsection (A)(8) of this section:

1. Prior to construction, use or alteration of any building, structure, or sign;

2. Prior to substantial alteration of any landscaping or site topography;

3. Prior to any new tenant improvement subject to the provisions of Chapter 18.535 CDC (Nonconforming Physical Improvements/Property Upgrades);

4. Prior to construction or alteration of any new parking lot improvements or alteration to existing parking lots including circulation, layout, or dimensions;

5. Prior to the approval of a sign plan or master sign programs pursuant to Chapter 18.180 CDC (Signs);

6. Prior to any improvement on property adjacent to or including a creek as defined in CDC

18.305.020;

7. Prior to the use of a lot for any storage or staging purposes;

8. Single-Family Dwellings.

Exhibit B

Concord Municipal Code
Chapter 18.415 DESIGN AND SITE REVIEW

a. New single-family dwellings within a proposed minor or major subdivision; b. Any addition resulting in a single-family dwelling with an FAR greater than 30 percent;
c. Second-story additions where the area of the second floor portion is 40 percent or more than the area of the original structure located on the second floor, or second stories that are set back less than 10 feet from a side property line; and d. New single-family dwellings and additions to existing single-family dwellings on sloped lots, subject to the requirements in Chapter 18.300 CDC (Hillside Protection);

9. Prior to the installation of pavement on any portion of a lot; and

10. Prior to any other site improvement that requires further review in order to determine compliance with the development code or other city ordinances, except for one single-family dwelling or accessory dwelling unit on a single lot or parcel.

11. Residential projects that do not meet objective design standards that would otherwise be eligible for ministerial approval under state law or the Concord Municipal Code.

B. Design and site review approval of plans, pursuant to this chapter, shall be required prior to the issuance of any construction permit, including building, encroachment, grading, demolition, or other permit.

C. Design and site review approval is required in addition to all other planning permits or approvals required by the development code.

D. All departments of the city vested with the authority to issue permits or licenses shall conform to the provisions of this chapter, and no permit or license for uses, buildings, or purposes shall be issued in conflict with the provisions of this chapter. Any such permit or license issued in conflict with the provisions of this chapter shall be invalid. [Ord. 17-2 § 2 (Exh. L); Ord. 13-5; Ord. 12-4. DC 2012 § 122-902].

18.415.030 Exemptions.

The following improvements are exempt from design and site review:

A. The continuation of a previously approved or permitted use and structure; B. Individual tenants within a multi-tenant commercial building or commercial center that has not been more than 50 percent vacant for a continuous period of over one year when the use is consistent with a previously approved use permit or other discretionary permit; C. Projects that do not require a building permit, including accessory buildings less than 120 square feet in area;
D. Additions and alterations to individual existing residential dwellings and structures that do not increase the floor area of the building or total building footprint by more than 50 percent over a three-year period, which are not subject to the requirements in Chapter 18.300 CDC (Hillside Protection);
E. Exempt signs, as identified in Chapter 18.180 CDC (Signs);

Concord Municipal Code
Chapter 18.415 DESIGN AND SITE REVIEW

F. Individual signs conforming to a master sign program approved in compliance with Chapter

18.180 CDC (Signs);
G. Individual signs replacing existing legal signs where the new sign is smaller or the same size as the existing sign and complies with Chapter 18.180 CDC (Signs); and H. Temporary structures or buildings which are intended to be and are used in connection with an approved temporary use such as the sale of Christmas trees or pumpkins in accordance with this division, and that remain on the site only for the temporary period specified for such use. [Ord. 12-4. DC 2012 § 122-903];
I. Single-family homes except as identified in section 18.405.020 (A)(8) of this chapter; J. Accessory dwelling units unless required by CDC Section 18.200.180; K. Any future State law or City regulations that require ministerial approval for residential or mixed-use projects;
L. Emergency shelters and group housing, including single room occupancy (SRO) developments that comply with applicable objective design standards; M. Residential development projects that conform to objective design standards.

N. Residential development on sites previously identified in past Housing Elements in which at least 20 percent of the units are affordable to lower income households in accordance with the specification of Government Code Section 65583.2(c), and which conform to objective design standards; and
O. Residential development eligible for ministerial approval under the California HOME Act (SB 9), Government Code Sections 65852.21 and 66411.7.

18.415.040 Discretionary Rreview authority .

Discretionary Ddesign and site review applications shall be approved as follows:

A. Planning Division. The planning division shall be the initial review authority for design and site review. The planning division may refer the application to the design review board, zoning administrator, or planning commission for review and approval.

B. Zoning Clearance. Improvements to existing properties such as painting with a similar color scheme, window replacement, or minor storefront changes may be approved by staff with a zoning clearance and shall not require a separate design and site review application.

C. Administrative Design and Site Review. Minor projects/improvements that do not otherwise require other a discretionary permit approvals and where the planning division determines that the project will not substantially affect the property rights of owners or adjacent parcels may be approved through administrative design and site review, with or without review by the design review board, as determined by the planning division. Examples of minor projects/improvements include:

1. Minor additions to existing multifamily residential buildings that are not exempt under CDC Section 18.415.030;

2. New occupancies in existing nonresidential buildings when the property is in conformance with the development standards applicable to the property;

Concord Municipal Code
Chapter 18.415 DESIGN AND SITE REVIEW

3. New occupancies in existing nonresidential buildings when the property is not in conformance with the development standards applicable to the property where the project includes plans to substantially upgrade the exterior of the building and/or makes significant upgrades to landscaping, parking areas, and other site improvements;

4. Minor additions and alterations to nonresidential buildings that are not in the core downtown area or on prominent streets or gateways throughout the city; and

5. Master signage programs that meet the city’s sign ordinance requirements for maximum size, height, and number of attached and freestanding signs.

D. Other Discretionary Approvals. Design and site review applications shall be considered and acted upon concurrently with any associated planning permit, such as an administrative permit, minor or major use permit, variance, minor or major subdivision, planned development use permit, or hillside development permit.

E. Referral. The planning division may refer any application for design and site review to the design review board if there are significant concerns with the proposed design.

F. Recommendation. The design review board shall recommend approval or denial of a project to the appropriate review authority, with or without conditions of approval.

G. Decision. When the design review board makes a recommendation for denial of a project or recommends a condition of approval that is not acceptable to the applicant, the decision shall be referred to the appropriate review authority. For administrative design and site review or projects typically reviewed by the zoning administrator, the planning division may refer the project directly to the planning commission for a public hearing and decision, in accordance with Chapter 18.500 CDC (Public Hearings). [Ord. 12-4. DC 2012 § 122-904].

18.415.050 Application.

Applications for design and site review shall be completed, filed, and processed in accordance with this chapter. Applications shall be accompanied by the information identified in the design and site review checklist, on file with the planning division, and all applicable fees in accordance with the currently adopted city fee schedule. [Ord. 12-4. DC 2012 § 122-905].

18.415.060 Design review board.

This section describes the process for projects that are reviewed by the design review board (DRB). The DRB has the authority to revise this procedure as necessary in order to facilitate the resolution of project issues and to avoid unnecessary hearings. Alternative procedures could include consideration and approval of projects in a single meeting, holding a single or multiple study sessions, or appointing a two-person subcommittee to work with the project design team outside of the regularly scheduled DRB meetings. When an alternative procedure is used, the project recommendation shall require final action by the full DRB at a regular DRB meeting.

A. Conceptual Design and Site Review. Conceptual design and site review is a part of the preliminary application review process. When required or requested, this process provides general comments and direction to applicants prior to submitting a formal application. Plans are not expected to be complete or fully detailed. The board provides comments on the design concept, massing, bulk, site plan layout and function, building orientation, preliminary elevations and architectural style, adequacy of landscaped areas and site amenities, and the integration of stormwater requirements into the site design.

Concord Municipal Code
Chapter 18.415 DESIGN AND SITE REVIEW

B. Preliminary Design and Site Review. Preliminary design and site review is scheduled after a formal application has been submitted with detailed project plans that are either complete or nearly complete, as follows:

1. Staff reviews projects that have been through conceptual design and site review for conformance with the board’s initial comments;

2. Staff reviews new projects for compliance with the development code and any applicable design guidelines and provides a recommendation to the board;

3. If the board’s recommendations require a significant alteration to the plans or a significant project redesign, a subsequent preliminary design and site review meeting will be required;

4. When the board is generally satisfied with the project design but needs additional plans or details to verify the project design, the board recommends resubmittal of plans for final design and site review approval; and

5. When a project scheduled for preliminary design and site review has incorporated the board’s comments from conceptual design and site review, and complete plans have been submitted, the board may approve the project without an additional meeting for final design and site review.

C. Preliminary/Final Design and Site Review. A project scheduled for preliminary design and site review may be approved without a subsequent final design review hearing, if:

1. All of the project details required in the application checklist for final design and site review have been submitted; and

2. The board has only minor comments which will not affect the overall design of the project nor require further review.

D. Final Design and Site Review. Final design and site review is a review of plans submitted in response to comments made by the DRB at preliminary design and site review and typically includes additional project details. If the board is satisfied that the project plans meet the applicable design and site review criteria, the board “recommends approval” to the applicable review authority. The board may make their recommendation with or without conditions of approval. [Ord. 13-5; Ord. 12-4. DC 2012 § 122-906].

18.415.070 Scope.

The scope of design and site review shall include, but not be limited to:

A. Building proportions, massing, and architectural details; B. Exterior colors and materials as they relate to the overall appearance, one another, and surrounding development;
C. Site design, orientation, and location of buildings, relative to existing structures on adjacent property, location of the site, topography, and other features of the natural and built environment;
D. The size, location, and arrangement of on-site parking and paved areas; E. Grading of property;

Concord Municipal Code
Chapter 18.415 DESIGN AND SITE REVIEW

F. Height, materials, colors, and variety of fences, walls, and screen plantings; G. Location, type, and design of landscaping, including selection and size of plant materials, hardscape, street furniture, and irrigation;
H. The size, location, design, color, number, lighting, and materials of all signs; I. Location and screening of above-ground utility structures and equipment; and J. Any other features identified in applicable city-approved design guidelines. [Ord. 12-4. DC 2012 § 122-907].

18.415.075 Ministerial design review.

For projects subject to ministerial design and site review as required by state law or the Concord Municipal Code, the review authority for the project shall be the Planning Division. The decision to approve or deny the project shall be based on the project’s conformance with the applicable objective development and design standards, or other basis for denial provided for in state law.

18.415.080 Discretionary Ddesign review criteria.

Design review recommendations shall be based on the following criteria and any other applicable design guidelines:

A. The building design and landscaping supports public safety and security by allowing for surveillance of the street by people inside buildings and elsewhere on the site.

B. The design is compatible with the historical or visual character of any area recognized by the city as having such character.

C. The project design preserves major view and vistas along major streets and open spaces and trails and enhances them by providing project amenities.

D. The proposed lighting and fixtures are designed to complement on-site buildings, are of an appropriate scale for the development, and provide adequate light for safety and security while minimizing glare.

E. All mechanical, electrical, and utility equipment is located, screened, or incorporated into the design of the buildings so as not to be visible from off site, and screening devices are consistent with the exterior colors and materials of the buildings.

F. The overall design of the project, including its scale, massing, site plan, exterior design, and landscaping, enhances the appearance and features of the project site and surrounding natural and built environment.

G. The project design is appropriate to the function of the project and will provide an attractive and comfortable environment for occupants, visitors, and the general community.

H. The architectural details, colors, materials, and landscaping are internally consistent, fully integrated with one another, and used in a manner that is visually consistent with the proposed architectural design.

I. The project is compatible with neighboring development in the same zoning district by avoiding large differences in building scale and character and provides a harmonious transition between the proposed project and surrounding development.

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Chapter 18.415 DESIGN AND SITE REVIEW

J. The project creates an attractive and visually interesting built environment with a variety of building styles and designs, well-articulated structures that present varied building facades, rooflines, and building heights within a unifying context.

K. The landscaping is compatible with and enhances the architectural character of the buildings and site features, and blends with the surrounding landscape. Landscape elements complement the buildings and rooflines through color, texture, density, and form. Landscaping is in scale with on-site and off-site buildings, and plantings have been selected and located to avoid conflicts with views, lighting, infrastructure, utilities, and signage.

L. Stormwater treatment areas have been integrated into the landscape design.

M. New construction does not need to match existing surrounding development or buildings; however, the design shall complement or enhance existing development. [Ord. 13-5; Ord. 12-4.

DC 2012 § 122-908].

18.415.090 Discretionary Rreview.

Design and site review shall be approved when it is determined that the proposed improvements conform to all applicable development and use standards including the following:

A. The interrelationship between the orientation, location, and elevations of buildings and structures and site improvements are mutually compatible and aesthetically harmonious; B. The orientation, location, and elevation of the buildings and structures and site improvements are compatible with and are aesthetically harmonious with adjacent development or the character of the neighborhood;
C. Landscaping, irrigation systems, walls and fences, or features to conceal outdoor activities, utility enclosures, and trash facilities meet current requirements or provide a significant upgrade and improvement to the site and the appearance of the neighborhood; and D. Parking, pedestrian access, and traffic circulation are adequate or improved for all modes of circulation. [Ord. 13-5; Ord. 12-4. DC 2012 § 122-909].

18.415.100 Discretionary Ddecision and findings.

A. Decision and Findings. The review authority shall consider the recommendations from the design review board and may approve, conditionally approve, or deny the application after finding that:

1. The project is consistent with the general plan;

2. The project meets the relevant criteria in CDC 18.415.080 (Design criteria); and

3. The project overall reflects design principles and/or incorporates design features that are consistent with applicable design guidelines adopted by the city council that are in effect at the time of approval.

B. In approving a design and site review, the review authority may impose conditions of approval as deemed necessary to:

1. Ensure that the proposal conforms to the general plan and other applicable plans or policies adopted by the city council; and

Concord Municipal Code
Chapter 18.415 DESIGN AND SITE REVIEW

2. Ensure that the proposal meets the requirements of the applicable zoning district, applicable provisions in the Concord Municipal Code, and other standards in the development code. [Ord. 17-5 § 2 (Exh. G); Ord. 13-5; Ord. 12-4. DC 2012 § 122-910].

18.415.110 Post-decision procedures.

The procedures and requirements relating to appeals, project revisions, issuance of a building permit, effective dates, lapse of approval, extensions, and revocations located in Division VIII of this title (Administration) shall apply following the decision on an application for design and site review. [Ord. 12-4. DC 2012 § 122-911].

Concord Municipal Code
Chapter 18.402 PRE APPLICATION PROCEDURES

Chapter 18.402

PRE-APPLICATION PROCEDURES
Sections:

18.402.010 Purpose.

18.402.020 Initial Meeting.

18.402.030 Preliminary application review for projects in general.

18.402.040 Preliminary application review for Senate Bill 330 projects.

18.402.010 Purpose.

This chapter contains procedures and requirements for the review of development projects prior to the submittal of a formal planning application, as required by the development code or state law.

18.402.020 Initial Meeting.

A.

1. 2.

3. 4.

5. Preapplication Initial Meeting. Except for projects subject to preliminary review under Section

18.402.040 or when waived by the Planning Division, prospective applicants shall arrange are required to preapplication meeting with staff prior to completing and filing a permit application or preliminary application under Section 18.402.030 in order to:

Inform the applicant in general of city requirements as they apply to the proposed project; Review the city’s approval process, possible project alternatives, or modifications; Determine the type of permits required for the project; Review the submittal requirements in the application checklist; and Identify any necessary technical studies and information relating to the environmental review of the project.

18.402.030 Preliminary application for projects in general.

A preliminary application process is intended to streamline the formal application process and help achieve conformance with applicable City policies and regulations by providing information on relevant general or specific plan policies, development code regulations, design guidelines and standards, policies, and procedures. The planning division shall prepare, update, and maintain the preliminary applications and any related checklist provided for in this chapter. related to projects subject to legislative or discretionary approval pursuant to the development code. This review is required for the following discretionary projects: all infill residential projects, projects located within 300 feet of a residential district, complex projects with multiple applications, and potentially controversial projects or uses..

A.

1. 2.

Projects that meet any of the following shall submit a preliminary application in conformance with this section prior to filing a formal planning application:

Requires a general plan amendment, rezoning, or other legislative approval; Does not appear to qualify for an exemption under the California Environmental Quality Act (CEQA);
Exhibit C

Concord Municipal Code
Chapter 18.402 PRE APPLICATION PROCEDURES

3. 4.

5. 6.

B.

C.

D.

E.

F.

G.

New non-residential buildings;
Residential projects that are not eligible for a preliminary application under Government Code Section 65941.1(a) and Section 18.402.040 of this chapter.

Non-residential subdivisions and condominiums.

Any person wishing to apply for a density bonus and/or other incentives or concessions under Density Bonus Law shall make a preliminary application in writing to the Community Development Department. The application shall identify what specific measures (e.g., modifications to standards, density bonus, or fee subsidies) the developer is requesting in conformance with Chapter 18.185 (Affordable Housing).

A preliminary application review can also be requested under this section for projects that do not require a preliminary application.

The planning division may waive the preliminary application requirement, as appropriate, when determined that there would be no additional benefit in undergoing preliminary application review.

No preliminary application will be accepted for review without payment of the fee established by the city’s master fee and charges schedule and submission of materials identified on the application checklist on file with the planning division.

A preliminary application is not subject to the requirements of the California Permit Streamlining Act or the California Environmental Quality Act (CEQA), as determined by state law.

Preliminary application submittals review shall may include conceptual design and site review by the design review board, as applicable, and any required neighborhood meeting required by CDC Chapter 18.405 (Permit Application Filing and Processing).

The planning division shall provide the applicant with a written summary of preliminary comments on the project for use in preparing their formal application. within 30 days of the review. A preliminary application submitted under this section does not grant a vested right to develop the project under the regulations and fees in effect at the time the application is submitted or when comments are issued.

18.402.040 Preliminary Application for Senate Bill 330 Projects.

Pursuant to Government Code Section 65941.1(a), and as may be amended, prospective applicants of eligible housing development projects may submit a preliminary application under state law and this section.

A.

1. 2.

3. Projects subject to the preliminary application under this section include any of the following:

Residential units only;
Mixed-use developments consisting of residential and nonresidential uses with at least two-thirds of the square footage designed for residential use; or Transitional housing or supportive housing;

Concord Municipal Code
Chapter 18.402 PRE APPLICATION PROCEDURES

B.

C.

D.

E.

F.

A preliminary application shall be deemed submitted upon providing the information specified in the City’s applicable submittal checklist and payment of the processing fee.

The project for which a preliminary application has been submitted shall be subject only to the ordinances, policies, and standards adopted and in effect when the preliminary application was deemed submitted.

If the development project is revised such that the number of residential units or square footage of construction changes by 20 percent or more, exclusive of any increase resulting from the receipt of a density bonus, incentive, concession, waiver, or similar provision, the housing development project shall not be deemed to have submitted a preliminary application that satisfies this section until the applicant resubmits the information required by the City’s applicable submittal checklist so that it reflects the revisions. For purposes of this subsection, “square footage of construction” means the building area, as defined by the California Building Standards Code (Title 24 of the California Code of Regulations).

Within 180 calendar days after submitting a preliminary application, the application(s) required for the development project shall be submitted with all of the information required to process the development application consistent with state law, including but not limited to, Government Code Sections 65940, 65941, and 65941.5.

If the City determines that the application for the development project is not complete pursuant to Government Code Section 65943, the development proponent shall submit the specific information needed to complete the application within 90 days of receiving the agency’s written identification of the necessary information. If the development proponent does not submit this information within the 90-day period, then the preliminary application shall expire and have no further force or effect.

Ord. No. 23-8 1
ORDINANCE NO. 23-8

AN ORDINANCE AMENDING THE CONCORD MUNICIPAL CODE TITLE
18 DEVELOPMENT CODE, SECTION 18.200.180 (ACCESSORY DWELLING UNITS) (PL20005 - DC)
WHEREAS, Government Code Section 65800 et seq. provides for the amendment of any and all adopted City of Concord (“City”) zoning laws, ordinances, rules and regulations; and WHEREAS, on August 30, 2019, in an effort to address the State’s ongoing housing crisis, Governor Newsom signed Assembly Bill 670 (Friedman) into law, which amended Government Code Section 65852.2 governing Accessory Dwelling Units and prohibits associations from “unreasonably” restricting the construction of an Accessory Dwelling Unit (“ADU”) or Junior Accessory Dwelling Unit (“JADU”) on a lot zoned for single-family residential use; and WHEREAS, on October 9, 2019, in a further effort to address the State’s ongoing housing crisis, Governor Newsom signed Senate Bill 13 (Wieckowski) into law, aimed to facilitate the development of ADUs and encourage landlords with unpermitted ADUs to become compliant; and WHEREAS, on October 9, 2019, Governor Newsom also signed Assembly Bill 68 (Ting) into law, which provides more flexibility as to where and how ADUs can be created and also places additional restrictions on local governments from adopting ordinances that would hinder the creation of ADUs; and
WHEREAS, on October 9, 2019, Governor Newsom also signed Assembly Bill 587 (Friedman) into law, requiring local ADU ordinances to allow ADUs to be sold or conveyed separately from the primary residence to a qualified buyer if the property was built or developed by a qualified nonprofit corporation; and
WHEREAS, on October 9, 2019, Governor Newsom also signed Assembly Bill 671 (Friedman) into law, requiring a local agency to include a plan that incentivizes and promotes the creation of ADUs that can be offered at affordable rent for very low, low-, or moderate-income households in its housing element; and
WHEREAS, on October 9, 2019, Governor Newsom also signed Assembly Bill 881 (Bloom) into law, which limits the criteria by which a local agency can determine where ADUs may be

5.c5.c

Ord. No. 23-8 2
permitted based on the adequacy of water and sewer services and the impact of ADUs on traffic flow and public safety, requires local agencies to ministerially approve ADUs on lots with multi-family residences and within existing garages, and removes the authority for local agencies to require that applicants for ADUs be owner occupants and removes the ability for cities to require owner occupancy for either the primary or the accessory dwelling unit; and WHEREAS, on September 28, 2020, Governor Newsom also signed Assembly Bill 3182 (Ting) into law, which allows associations to prohibit short term rentals of thirty days or less and limits associations ability to restrict rentals to twenty-five percent or less of the units in the association; and
WHEREAS, on June 22,2021, the City Council adopted Ordinance 21-2, repealing and replacing Concord Development Code Section 18.200.180, Accessory Dwelling Units, in compliance with the aforementioned state laws on ADUs; and
WHEREAS, on September 28, 2022, Governor Newsom also signed Senate Bill 897 (Wieckowski) and Assembly Bill 2221 (Quirk-Silva) into law, which clarifies and expands requirements for ADUs and JADUs such as setbacks and building height limitations; and WHEREAS, the City of Concord must amend Section 18.200.180 of the Development Code regulating ADUs to bring the regulations into alignment with Senate Bill 897 and Assembly Bills 2221 (hereafter collectively referred to as “State ADU Law”); and WHEREAS, to make the CMC consistent with state requirements, an amendment regulating ADUs in alignment with State ADU Law is proposed and attached hereto as Exhibit A to replace Section 18.200.180 in its entirety; and
WHEREAS, such text amendment is in the form of the proposed Development Code and Municipal Code Text Amendments attached hereto as Exhibit A and incorporated by reference, in order to ensure compliance, and consistency (the amendments as indicated in Exhibit A is collectively referred to as “ADU Amendments”); and
WHEREAS, the City has complied with the requirements of the Planning and Zoning Law (Government Code section 65100 et seq.), and the City’s applicable ordinances and resolutions with

Ord. No. 23-8 3
respect to approval of amendments to Title 18 of the Concord Municipal Code (“Development Code”); and
WHEREAS, on August 16, 2023, the Planning Commission held a duly noticed public hearing to consider the ADU Amendments, received the staff report and staff presentation, p comments from the public and interested parties, and after closing the public comments portion discussed the matter (the “Planning Commission Information”); and WHEREAS, following the August 16, 2023 public hearing, the Planning Commission adopted Resolution No. 23-15PC, recommending that the City Council adopt the ADU Amendments to the City of Concord Municipal Code Section 18.200.180 as contained in Exhibit A; and WHEREAS, the City Council, after giving all public notices required by state law and the Concord Municipal Code, held a duly noticed public hearing on September 12, 2023, on the proposed ADU Amendments; and
WHEREAS, at such public hearing, the City Council considered all oral and written information, testimony, and comments received during the public review process, including information received at the public hearing, the oral report from City staff, the written report from City staff dated September 12, 2023, materials, exhibits presented, pertinent maps, the Development Code, applicable Assembly Bills, Senate Bill and regulations, and all other information that constitutes the record of proceedings on which the City Council has based its decision are maintained at the City of Concord Clerk’s Office, 1950 Parkside Drive, Concord, CA 94519 (collectively, “City Council Information”), and declared their intent to approve and adopt the Ordinance; and THE CITY COUNCIL OF THE CITY OF CONCORD DOES ORDAIN AS FOLLOWS:

Section 1. All of the facts set forth in the Recitals are true and correct and are hereby incorporated and adopted as findings of the City Council as if fully set forth herein.

Section 2. The City Council has reviewed, considered, and evaluated all of the Planning Commission Information, City Council Information, all other pertinent plans, documents, and testimony prior to acting upon Ordinance.

Section 3. The documents and other materials that constitute the record of proceedings upon

Ord. No. 23-8 4
which the City Council has based its decision are located in an may be obtained from the City of Concord Clerk’s Office, 1950 Parkside Drive, Concord, CA 94519.

Section 4. CEQA
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”), the Ordinance is statutorily exempt from CEQA review pursuant to Public Resources Code Section 21080.17: “(t)his division does not apply to the adoption of an ordinance by a city of county to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code”), and CEQA Guidelines Section 15282(h) (“(t)he adoption of an ordinance regarding second units in a single-family or multifamily residential zone by a city or county to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code” is statutory exempt). Accordingly, no further environmental review is required. This determination reflects the City’s independent judgment and analysis.

Section 5. Development Code Amendment Findings

1. The proposed amendment is consistent with the 2030 General Plan.

The ADU Amendments are consistent with the 2030 General Plan, and more specifically with the adopted 2023 – 2031 Housing Element which contains policies that: a) encourage a variety of housing types, including ADUs (Policy 1.2), b) encourage ADUs in new and existing residential developments (Policy 1.4), and c) Program 1.2 identifies amending the City’s ADU Ordinance to conform to state law (Policy H-1.4.3). The Ordinance is necessary to achieve conformance with state law and remove barriers to the creation of additional housing opportunities as identified in policies in the City’s Housing Element.

2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare.

The ADU Amendments would not be detrimental to the public interest, health, safety, convenience, or welfare of the city because housing is a matter of statewide concern and this Ordinance will provide for additional housing opportunities in existing neighborhoods.

Ord. No. 23-8 5
ADUs are required to be constructed in conformance with building codes particularly for matters of health and safety; therefore, will not be detrimental.

3. Zoning map amendments shall also find that the affected site is physically suitable, including absence of physical constraints, access, compatibility with adjoining land uses, and provision of utilities, for the requested zoning designation and proposed or anticipated uses and/or development.

This amendment does not include any amendments to the zoning map.

Section 6. The City Council does hereby pass and adopt this Ordinance No. 23-8.

Section 7. Concord Municipal Code, Title 18, Section 18.200.180 (Accessory Dwelling Units) is hereby amended as set forth in Exhibit A, attached hereto and made a part hereof.

Section 8. This Ordinance shall become effective thirty (30) days following 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. 23-8 6
Ordinance No. 23-8 was duly and regularly introduced at a regular meeting of the City Council of the City of Concord held on September 12, 2023, and was thereafter duly and regularly passed and adopted at a regular meeting of the City Council held on October 3, 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: Concord Municipal Code Section 18.200.180 Accessory Dwelling Units

Exhibit A

18.200.180 Accessory dwelling units.

Where allowed by Division II of this title (Zoning Districts – Uses and Standards), accessory dwelling units shall comply with the requirements of this section.

A. Purpose. The purpose of this section is to comply with California Government Code Sections 65852.2 and 65852.22, which provide for local jurisdictions to set standards for development of accessory dwelling units and junior accessory dwelling units so as to increase the supply of smaller and affordable housing, while ensuring they remain compatible with the existing neighborhood.

B. Definitions. These definitions only apply to this section (Accessory dwelling units) and in the event there is a conflict between this section and other provisions of the Development Code or any provisions of the Concord Municipal Code, these definitions shall prevail. “Accessory dwelling unit” means an attached, interior or detached dwelling unit which shall provide complete independent living facilities for one or more persons, is located on the same lot with a proposed or existing single-family principal dwelling or multifamily principal dwelling, and includes permanent provisions for living, sleeping, eating, cooking, and sanitation. An accessory dwelling unit also includes an efficiency unit and a manufactured home, defined below.
“Architecturally and significant historic district” means one of the officially recognized historic landmarks or council-designated historic districts in the City. “Attached accessory dwelling unit” means an accessory dwelling unit that is physically connected to and shares at least a portion of one wall with an existing or proposed single-family principal dwelling or multifamily principal dwelling.
“Attic” means the unfinished space between the ceiling assembly and the roof assembly. “Basement” means a story that is not a story above grade plane. “Car share vehicle” means a motor vehicle available for short-term rental (less than 30 days), including an option for hourly rental.
“Conversion” means the act of modifying an existing legal building or a portion of an existing legal building from its existing use to an accessory dwelling unit. “Efficiency kitchen” includes a cooking facility with appliances, a food preparation counter, and storage cabinets, which are of reasonable size in relation to the size of the dwelling unit. “Efficiency unit” is a dwelling unit with a maximum floor area of 150 square feet and which shall include an efficiency kitchen and bathroom facilities, as specified pursuant to the California Health and Safety Code Section 17958.1.
“Exempt Accessory Dwelling Unit” is an attached or detached dwelling measuring up to 800 square feet with four-foot side and rear yard setbacks that is not subject to lot coverage, floor area ratio, open space, and other development standards if applying such standards prohibit its construction.

“Existing” means a single-family principal dwelling, accessory structure, or a multifamily principal dwelling structure that was lawfully constructed prior to the receipt of an application of an accessory dwelling unit or junior accessory dwelling unit. “Interior accessory dwelling unit” is an accessory dwelling unit developed within the interior of a proposed or existing single-family principal dwelling (including attached garages) or within an existing accessory structure.
“Junior accessory dwelling unit” is a type of dwelling unit which has a maximum floor area of 500 square feet in size, which shall include an efficiency kitchen (as defined in this subsection), and is contained within an existing or proposed single-family principal dwelling. A junior accessory dwelling unit may include separate sanitation facilities or share sanitation facilities with the existing or proposed single-family principal dwelling. Subject to subsection (D)(6) of this section, junior accessory dwelling units must be constructed entirely within the walls of an existing or proposed single-family principal dwelling or an attached garage. “Living area” means the interior habitable area of a dwelling unit, including basements and attics but not garages and/or any habitable accessory structure. “Manufactured home” means a structure that was constructed on or after June 15, 1976, is transportable in one or more sections, is eight body feet or more in width, or 40 body feet or more in length, in the traveling mode, or when erected on site is 320 or more square feet, is built on a permanent chassis and designed to be used as a single-family principal dwelling with or without a foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems. “Manufactured home” includes any structure that meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification and complies with the standards established under the Manufactured Housing Construction and Safety Act of 1974. “Multifamily principal dwelling(s)” means the legal structure(s) consisting of two or more attached units, existing at the time an accessory dwelling unit application is received, that was established as the primary use and building(s) on a residential lot, to which the accessory dwelling unit may be established through and subordinate to. “Nonlivable space” means the interior spaces of existing multifamily principal dwelling structures that are not used for livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages.
“Owner” means any person with a legal interest in real property, as shown in the last equalized assessment roll for City taxes, accompanied with a right to occupy said property. For purposes of this section, “owner” shall not mean a tenant or lessee of the real property. “Preapproved accessory dwelling units” means a collection of architectural and building permit- ready plan sets (including structural calculations) for detached accessory dwelling units of varying unit types, architectural designs, and sizes approved and provided by the City and made free to the public.

“Public transit” means a location where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, including, but not limited to, a bus stop or train station.
“Setback, corner-side” means a side lot line of a corner lot that is adjacent to a street, between the front and rear lot lines, and the area between a property line and building or structure, which must be kept clear or open.
“Single-family principal dwelling” means the legal single-family residential dwelling unit that is established or will be established as the primary use and building on a residential lot, to which the accessory dwelling unit may be established through and subordinate to. “Story above grade plane” means any story having its finished floor surface entirely above grade plane, or in which the finished surface of the floor next above is either of the following: (1) more than six feet above grade plane; or (2) more than 12 feet above the finished ground level at any point.

C. General Requirements Applicable to Accessory Dwelling Units.

1. Building Permit Required. Accessory dwelling units and junior accessory dwelling units shall comply with the California Building Code as set forth in CMC Title 15 for dwellings. A building permit application for an accessory dwelling unit or a junior accessory dwelling unit shall be accompanied by the appropriate application fee. The building permit application shall be ministerially processed within 60 days of receipt of a complete application and shall be approved if the proposed unit conforms to the requirements of this section. An incomplete application will be returned with a complete explanation of the deficiencies and additional information that is required to remedy the application. The City shall grant a delay in processing if requested in writing by the applicant. Further, if the building permit application for an accessory dwelling unit or a junior accessory dwelling is submitted with a permit application to create a single-family principal dwelling or multifamily principal dwelling on the lot, the application for the junior accessory dwelling unit or accessory dwelling unit will not be acted upon until the application for the new single-family principal dwelling or multifamily principal dwelling is approved or denied, but thereafter shall be processed within 60 days after approval of the application for the new single-family principal dwelling and approved if it meets the requirements of this section. Occupancy of the junior accessory dwelling unit or accessory dwelling unit shall not be allowed until the city approves occupancy of the single-family principal dwelling.

2. Permanent Foundation. A permanent foundation system in accordance with the Uniform Building Code (UBC) shall be required for all accessory dwelling units.

3. Density. An accessory dwelling unit or junior accessory dwelling unit that conforms to the standards of this section shall not be considered to exceed the allowable density for the lot upon which it is located.

4. Subdivision.
a. No subdivision of land or air rights shall be allowed that would result in the accessory dwelling unit or junior accessory dwelling unit existing on a separate lot from the single-

family principal dwelling or multifamily principal dwelling. An accessory dwelling unit or junior accessory dwelling unit may not be sold independently of the single-family principal dwelling or multifamily principal dwelling but may be leased separately. b. An accessory dwelling unit and a single-family principal dwelling may be owned by multiple owners as tenants in common if the single-family principal dwelling and accessory dwelling unit were developed by a qualified nonprofit, as that term is defined in and pursuant to Government Code Section 65852.26 and the transaction meet the requirements of Government Code Section 65852.26.

5. Short-Term Rentals Prohibited. The accessory dwelling unit or junior accessory dwelling unit shall not be rented for a term of less than 30 days.

6. Zoning Conditions and Building Code Requirements. The City will not deny a building permit application for an accessory dwelling unit because of nonconforming zoning conditions, building code violations, or unpermitted structures on the property that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit.

7. Allowed Use. Accessory dwelling units are allowed in the following zoning districts that allow for single-family or multifamily principal dwelling residential uses.

Zoning District
R (Residential)
NTS (North Todos Santos)
CO (Community Office)
CMX (Commercial Mixed-Use)
NC (Neighborhood Commercial)
DP (Downtown Pedestrian)
DMX (Downtown Mixed-Use)

8. Size. The living area of an accessory dwelling unit shall be at least 150 square feet in size, and shall not exceed the lesser of 50 percent of the floor area of the principal dwelling or:
a. 1,000 square feet on lots with a net area of less than 12,000 square feet, excluding up to 230 total square feet for attached garages or carports. b. 1,200 square feet on lots with a net area of 12,000 square feet or greater, excluding up to 460 total square feet for attached garages or carports.

This limitation will be waived if it limits the size of the accessory dwelling unit to less than 800 square feet.

9. Zoning Development Standards. Accessory dwelling units shall meet all provisions of the zoning district in which they are located and all other applicable provisions of the development code, except where such provisions would conflict with this section 18.200.180.

10. Design. The following standards shall apply to accessory dwelling units except pre- approved accessory dwelling units:
a. Roof Pitch and Form, Colors and Materials. Colors and materials for any accessory dwelling unit shall be consistent with the existing and/or proposed principal dwelling, using at least two of the following three approaches:
i. A minimum of one (1) matching exterior color from the color palette of the principal dwelling

ii. A minimum of two (2) matching exterior materials from the material palette of the principal dwelling

iii. A matching roof slope to that of the dominant roof pitch or form of the principal dwelling.

Alternatively, if the planning division determines that the design does not meet two of the above approaches, a discretionary design and site review process is required. b. Exterior Entrances and Staircases. All attached accessory dwelling units, shall have a separate exterior entrance from the single family principal dwelling that is not located on the same side or facing in the same direction as the entrance for the principal dwelling, or an exterior staircase that is visible from the street or public right-of-way. This requirement shall not apply where the principal dwelling or the topography, fencing, or existing landscaping of the subject property effectively screens the accessory dwelling unit entrance from all street views.
c. Upper Story Windows. Avoid direct line of sight to existing neighboring units by staggering window and door placement.
d. Porches in Front and Corner Side Yard Setbacks. Attached accessory structures (i.e. porches) for exempt accessory dwelling units located in the front or corner side yard setback shall be no more than five percent of the size of the livable area of the exempt ADU up to 40 square feet.
e. Design and Site Review. Accessory dwelling units shall be exempt from design and site review requirements of Chapter 18.415 CDC, except as specified in this subsection (C)(10).

11. Parking. The parking required for an accessory dwelling unit is in addition to the required off-street parking for the single-family or multifamily principal dwelling. a. Parking for Accessory Dwelling Unit. Except as provided in subsection (b) below, one off-street parking space is required per accessory dwelling unit or per bedroom, whichever is less. Off-street parking spaces shall be provided as follows:
i. Parking spaces may be uncovered, tandem, and/or located in the front yard setback if contained within the space of an existing or proposed driveway, unless findings can

be made that such parking is not feasible based upon fire and life safety or topography conditions.
ii. An existing driveway may be widened to accommodate the required parking space(s), provided the expansion does not result in more than 50 percent of the required front setback or yard area (whichever is greater) being paved or covered with impervious surface.
iii. Parking for the accessory dwelling unit may not result in or include additional curb cuts unless specifically permitted pursuant to CDC 18.160.100(A). b. Parking Exemption. Parking for an accessory dwelling unit is not required in any of the following instances:
i. The accessory dwelling unit is located within one-half mile walking distance of public transit.
ii. The accessory dwelling unit is located within a designated architecturally and historically significant historic district.
iii. The accessory dwelling unit is part of the proposed or existing principal dwelling or conversion of an accessory structure.
iv. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
v. When there is a car share vehicle site located within one block of the accessory dwelling unit.
c. Demolished Parking. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, the demolished parking is not required to be replaced.

12. Hillside Development. The living areas of accessory dwelling units proposed on any hillside lot are exempt from the hillside development use permit requirements described in Chapter 18.300 CDC. Other attached or detached areas, buildings or structures proposed as part of an accessory dwelling unit including but not limited to detached or attached garages, sheds or playhouses are not exempt from the hillside development use permit process, when applicable.

13. Creek and Riparian Protection. Accessory dwelling units proposed within creek or riparian areas as defined in Chapter 18.305 CDC shall comply with the development standards in CDC 18.305.040 but are exempt from the design and site review application requirement.

14. Delay of Enforcement of Building Standards.
a. Prior to January 1, 2030, the owner of an accessory dwelling unit that was built before January 1, 2020, may submit an application to the building official requesting that

correction of any violation of building standards be delayed for five years. For purposes of this section, “building standards” refers to those standards enforced by permitting agencies under the authority of Section 17960 of the California Health and Safety Code. b. The building official shall grant the application if the building official determines that enforcement of the building standard is not necessary to protect health and safety. In making this determination, the building official shall consult with the fire marshal. c. No applications pursuant to this section shall be approved on or after January 1, 2030.

However, any delay that was approved by the city before January 1, 2030, shall be valid for the full term of the delay that was approved at the time of the approval of the application.
d. Until January 1, 2030, any notice to correct a violation of a building standard that is issued to the owner of an accessory dwelling unit built before January 1, 2020, shall include a statement that the owner has a right to request a delay in enforcement of the building standard for an accessory dwelling unit pursuant to this section. e. This subsection shall remain in effect until January 1, 2035, and as of that date is repealed.

15. Owner Occupancy.
a. Accessory Dwelling Unit. No owner occupancy is required for accessory dwelling units except for building permit applications received after December 31, 2024, whereby one of the dwellings on the lot must be the bona fide principal dwelling of at least one owner of the lot containing the accessory dwelling unit, as evidenced at the time of approval of the accessory dwelling unit by appropriate documents of title and residency. b. Junior Accessory Dwelling Unit. Unless the property is owned by a governmental agency, land trust, or housing organization, at least one of the dwellings on the lot with a junior accessory dwelling unit must be the bona fide principal residence of at least one owner of the lot, as evidenced at the time of approval of the junior accessory dwelling unit by appropriate documents of title and residency. If the property is owned by a non- living legal entity not identified above, meeting the above bona fide principal residence requirement shall require documentation proving the individual(s) residing in at least one of the dwellings on the lot own and therefore control more than 50 percent of the non- living legal entity.

16. Setbacks.
a. Interior Side and Rear Setbacks. Accessory dwelling units shall provide interior side and rear setbacks of at least four feet.
b. Front and Corner-Side Setbacks. Accessory dwelling units shall comply with the front and corner-side setbacks required for the principal dwelling. In cases where the principal dwelling encroaches into the setback, the accessory dwelling unit may encroach to the same extent as the principal dwelling.

17. Height.
a. Attached Accessory Dwelling Unit. The height of an attached accessory dwelling unit shall not exceed 25 feet or the height limitation that applies to the single-family principal dwelling or multifamily principal dwelling, whichever is lower. However, the accessory dwelling unit may not exceed two stories.
b. Detached Accessory Dwelling Unit. The height of a detached accessory dwelling unit shall not exceed:
i. 16 feet on a lot with an existing or proposed single-family principal dwelling or multifamily principal dwelling. Single-story accessory dwelling units may exceed 16 feet in height when the planning division determines additional height is necessary to provide greater compatibility with the roofline, pitch or architectural style of the principal dwelling, including, but not limited to, features such as gables, shed roofs, and towers; ii. 18 feet on a lot with an existing or proposed single-family principal dwelling or multifamily principal dwelling if the lot is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Public Resources Code Section 21155. An additional two feet in height may be permitted to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the single-family or multifamily principal dwelling; or iii. 18 feet on a lot with an existing or proposed multifamily, multistory principal dwelling.
iv. No height limit shall apply to the conversion of an existing detached accessory structure to an accessory dwelling unit.
c. Accessory dwelling units located on the second story of an existing or proposed accessory structure may exceed 16 feet in height, provided they maintain interior and corner side setbacks of at least ten feet and meet the height and rear setback standards applicable to the principal dwelling.

18. Exemptions from Design and Development Standards.
a. Accessory dwelling units that meet the standards in subsection (D)(2) do not have to meet the additional development and design standards in the underlying zoning district or in this section 18.200.180 to be permitted.
b. Limits on size based on a percentage of the proposed or existing principal dwelling, lot coverage, floor area ratio, front set back, open space, and size must permit or shall be waived to allow a detached or attached accessory dwelling unit up to 800 square feet in size with four-foot side and rear yards, if the proposed accessory dwelling unit is in compliance with all other development standards.

D. Number and Types of Accessory Dwelling Units. The following types of accessory dwelling units shall be allowed in areas zoned to allow single-family or multifamily principal dwelling

uses or in circumstances with a lawfully constructed single-family or multifamily principal dwelling in other zoning districts, subject to the requirements and standards of this section:

1. Accessory Dwelling Units Subject to Development and Design Standards. One accessory dwelling unit that complies with the development and design standards in subsection (C) shall be permitted on a lot with an existing or proposed single-family or multifamily principal dwelling.

2. Exempt Accessory Dwelling Units. If an accessory dwelling unit does not exist or is not proposed on a lot pursuant to subsection (D)(1) above, the following shall be ministerially permitted on a lot:
a. One interior accessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing single-family principal dwelling if all of the following apply:
i. The interior accessory dwelling unit has exterior access separate from the proposed or existing single-family principal dwelling.
ii. The side and rear setbacks of the interior accessory dwelling unit are sufficient for fire and safety.
iii. If developed within an accessory structure, the accessory structure may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure to accommodate ingress and egress. iv. The junior accessory dwelling unit complies with the requirements of subsection (E) below.
b. One detached, new construction accessory dwelling unit and one junior accessory dwelling unit complying with the requirements of subsection (E) per lot with a proposed or existing single-family principal dwelling if the accessory dwelling unit has at least four-foot side and rear yard setbacks; does not exceed 800 square feet in floor area; and does not exceed the allowed height in subsection (C)(18). c. Up to two detached accessory dwelling units on a lot with a proposed or existing multifamily principal dwelling if the accessory dwelling units do not exceed the allowed height in subsection (C)(18) and have at least four-foot side and rear setbacks. d. A lot with an existing multifamily principal dwelling may contain accessory dwelling units converted from portions of the building that are not used as livable space. The number of accessory dwelling units permitted is equivalent to up to 25 percent of the number of existing, legally permitted units in the multifamily principal dwelling, or one, whichever is greater.

E. Junior Accessory Dwelling Unit Development Regulations. a. One junior accessory dwelling units is allowed on lots zoned to allow single-family principal dwellings and is not permitted on a property with a multifamily principal dwelling. A junior accessory dwelling unit shall have a separate exterior entrance from the proposed or existing single-family principal dwelling unit.

b. The junior accessory dwelling unit may, but is not required to, include separate sanitation facilities. Access to a bathroom is required, which may be part of the junior accessory dwelling unit or located in the existing or proposed single-family principal dwelling. If provided as part of the single-family principal dwelling, the junior accessory dwelling unit shall have internal access to the single-family principal dwelling. c. No additional parking is required for junior accessory dwelling units. d. Prior to issuance of a certificate of occupancy for a junior accessory dwelling unit, the owner shall record a covenant in a form prescribed by the city attorney, which shall run with the land and provide for the following:
i. A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family principal dwelling;
ii. A restriction on the size and attributes of the junior accessory dwelling unit consistent with this section;
iii. A prohibition against renting the property for fewer than 30 consecutive calendar days; and
iv. A requirement that either the principal dwelling or the junior accessory dwelling unit be the owner’s bona fide principal residence, unless the owner is a governmental agency, land trust, or housing organization.

A copy of the recorded covenant shall be filed with the community development department prior to issuance of a certificate of occupancy.

G. Appeals. No appeals are permitted. All permits for accessory dwelling units are based on a ministerial review process and evaluation for conformance with this section. All approval or denial determinations are final.

H. Environmental Review. As a ministerial project, an application for an accessory dwelling unit or junior accessory dwelling unit is exempt from environmental review under the California Environmental Quality Act (CEQA).

I. Severability and Savings. If any subsection, sentence, clause, phrase, or portion of this section is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this section, and each subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more subsections, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. In the event that the State Legislature amends any provision of the Planning and Zoning Law or other provision of state law respecting accessory dwelling units or junior accessory dwelling units so as to give rise to a conflict between state law and any provision or provisions of this section, such amendment shall prevail and apply in place of the conflicting provision or provisions hereof, and shall be deemed incorporated herein by this reference as though fully set forth.

Staff Report
Date: October 3, 2023
To: City Council
From: Valerie J. Barone, City Manager
Prepared by: Justin Ezell, Assistant City Manager
[email protected]
(925) 671-3155
Subject: Considering approval of revisions to City Policy & Procedure No. 34, Business Meeting Attendance and Travel -
Authorization and Reimbursement of Expenses, which
includes converting the policy to an Administrative Directive.

Report in Brief
The City’s Policy & Procedure No. 34: Business Meeting Attendance and Travel – Authorization and Reimbursement of Expenditures (Travel Policy) – was last updated in November 2017. Staff is proposing revisions to the Travel Policy to be consistent with current State law and to improve operational efficiencies within the Finance Department.

Staff is also proposing to convert the policy to an Administrative Directive, because the intent of the document is to follow state law while outlining operational procedures, and doing so will streamline updates as they become necessary.

Recommended Action
Approve revisions to City Policy & Procedure No. 34, Business Meeting Attendance and Travel - Authorization and Reimbursement of Expenses, which includes converting the policy to an Administrative Directive.

Background
The City’s travel policy is not consistent with State law or operational needs of the City; it was last updated in November 2017. Attachment 1 is the redlined policy with recommended edits.

In the City of Concord, Council adopts all Policies and Procedures and must take action to amend them when necessary as well. Administrative Directives are issued by the City

5.d5.d

City Council Agenda Report
Agenda Item No. 5.d
October 3, 2023
Manager and cover matters that relate to the day-to-day operations of the City.

Amendments of Administrative Directives are under the authority of the City Manager.

Analysis
In preparing to incorporate the necessary changes to the current Travel Policy & Procedure (P&P No. 34), the City Manager and City Attorney recognized that the content of the Policy relates to day-to-day administration of the City and was better suited to be an Administrative Directive. The changes being made to the policy, as discussed below, are to confirm with state law and to facilitate the implementation of the Policy.

The following revisions are proposed:

Title. The title is changed from Policy & Procedure to Administrative Directive.

Section 3.12. Reporting requirements for members of the City Council and the City’s boards and commissions are being updated to reflect the provisions of California Code, Government Code - GOV § 53232.3.

Section 4.15. The provisions for cash advances to employees are being updated to improve operational efficiencies within the Finance Department.

Section 4.5.1. This section was added to clarify that elected and appointed officials must use the reimbursement method for travel related expenses to be consistent with California Code, Government Code - GOV § 53232.3.

Section 4.6.2. This section was updated to reflect current IRS standard per diem rates.

Section 4.10. This section was moved to Section 3.12 – Reports.

Financial Impact
None.

Public Contact
The City Council Agenda was posted.

Attachment

1. Revised Draft of City of Concord Policy & Procedure No. 34 (proposed to be an Administrative Directive), Business Meeting Attendance and Travel - Authorization and Reimbursement of Expenditures (redline)

1 ATTACHMENT 1 CITY OF CONCORD
1:5
Number:

Authority:

Effective:

Revised:

Reviewed:

Initiating Dept.:
34XX
Res. 82-6741
8-12-74
11-28-1710-3-23
20172023
FI

BUSINESS MEETING ATTENDANCE AND TRAVEL - AUTHORIZATION

AND REIMBURSEMENT OF EXPENSES

1. P URPOSE
To establish policy for authorizing attendance, travel and reimbursement of expenses for City employees attending conferences, training, meetings, and other occasions that constitutes the performance of official duties.

For purposes of this policy, employee shall mean all City of Concord employees, including elected or appointed officials, and others designated to represent the City at an approved function.

2. G ENERAL
The City Council recognizes the benefit in training and attendance at meetings and functions which advance professional knowledge and provide opportunities to exchange information related to municipal government operations and issues. Authorization for travel and expense reimbursement shall be limited to conferences, meetings and other functions from which the City derives a specific benefit through attendance. Only that travel/attendance which serves a municipal purpose and is deemed necessary and/or advantageous to the City of Concord shall be approved and reimbursed. Travel shall be by the means most economical to the City. Employees are expected to exercise sound judgement in the incurring and submittal of travel expenses, in keeping with the standards and proprieties of a visible and accountable public agency.

3. P OLICY
It is the policy of the City of Concord to reimburse City employees for actual and necessary expenses incurred in the performance of official duties, including while on authorized travel and meetings for City business in accordance with the following guidelines.

3.1 Travel Authorization Authority

3.1.1 Department Heads may authorize attendance, travel and reimbursement of all normal and necessary expenses incurred by employees, in the course of official City business within the State of California.

3.1.2 The City Manager, or designee, may authorize attendance, travel and reimbursement of all normal and necessary expenses incurred by (i) Department Heads, the City Attorney, elected, and appointed officials, in the course of official City Business within and outside the State of California; and (ii) employees, in the course of official City business outside the State of California.

3.1.3 The City Attorney, or designee, may authorize the reimbursement of all normal and necessary expenses incurred by City Attorney staff and the City Manager in the course of official City business within and outside the State of California.

3.2 Travel by Air. If travel is by air, coach or economy fares are to be used. Air travel shall be arranged in advance as much as possible, utilizing government or conference rates if available, to receive the lowest cost fare. Upgrades of any kind shall not be reimbursed, including early boarding. Excess baggage charges shall not be reimbursed. The City will only cover the cost of one checked baggage,

POLICY & PROCEDUREADMINISTRATIVE DIRECTIVE

POLICY & PROCEDURE NO. 34
2 if a checked bag is not included in the base air fare rate. Travel by private automobile will be authorized in lieu of flying when it does not necessitate more time away from the job. The total travel cost shall be computed on direct route distances, but in no case shall the expense exceed the round trip cost by air. The City will not reimburse the employee for additional meals, lodging or other expenses associated with automobile travel in-lieu of air travel.

3.3 Public Transit, Carpooling. Employees are encouraged to make optimum use of available public transit services and carpooling for local area travel. The following modes of transportation are to be used in the priority indicated: (1) public transportation; (2) City vehicles; (3) privately-owned motor vehicles, when a City vehicle is not available or when it is not otherwise practical to use one; and (4) rental cars, after exhausting all other available options. When vehicles, either private or City-owned, are provided for authorized travel, employees shall pool rides whenever possible.

3.4 Mileage Reimbursement. No City employee shall be authorized mileage allowance for privately- owned vehicle travel in the performance of official business or approved function if a City-owned vehicle is available and suitable for such use. When authorized in advance by the City Manager, or designee, private vehicle usage will be reimbursed at a rate equal to the current rate set by the Internal Revenue Service for mileage deduction. Elected officials may use their personal vehicles at their discretion without prior authorization.

3.5 City Vehicles. Employees are encouraged to use City-owned vehicles in the performance of official business or attendance at approved functions to the extent such vehicles are available and suitable for use. The use of City vehicles shall be limited to official City business and travel reasonably related thereto. Transportation of persons other than employees or official City delegates is authorized only in situations where it relates to City business, and then only when alternative arrangements are impracticable.

3.6 Rental Car. A rental car may be used when other local transportation options are not available or feasible for the destination of travel. Employees should inquire about all ground transportation options (shuttle, buses, taxis, ride share programs, etc.) and select the most economical and practical option. When using a rental car, physical damage insurance shall be purchased from the rental car company and liability insurance coverage should be waived.

3.7 Meals. Reimbursement is allowable for meals consumed by an employee attending a meeting or conference on behalf of the City if an overnight stay is required. If a meal is included in the price paid for a conference registration, hotel stay or airline ticket, the employee may not seek additional reimbursement for that meal even if they choose not to participate in the provided meal. This includes a continental breakfast if provided by the hotel and/or through a conference registration.

Meals will be reimbursed at the Per Diem rate (see sections 4.6).

Meal expenses incurred at meetings between City employees will only be reimbursed if it can be adequately demonstrated that the meeting could only take place at mealtime and has a bona fide business purpose. These expenses must be pre-approved by the Department Head.

3.8 Lodging. Reimbursement is allowable for lodging expenses associated with attendance at out-of- region conferences or meetings provided the destination is beyond sixty (60) miles, one-way, from the City of Concord. Overnight lodging expenses associated with meeting attendance within the Bay Area region may be authorized by the City Manager, or designee, if the overnight stay is justified based on early morning or late hour attendance requirements. Lodging arrangements should be made for a single room. The employee should seek to obtain the lowest rate by requesting government or conference rates1. Lodging is allowed from the night proceeding the first day of City business at the 1 For legislative bodies, in connection with a conference or organized educational activity, the rates may not exceed the maximum group rate published by the conference or activity sponsor, provided that lodging at the group rate is available to the member of a legislative body at the time of booking. If the group rate is not available, the rate may not exceed the IRS

POLICY & PROCEDURE NO. 34
3 travel location through the night preceding the close of City business at the travel location, unless otherwise approved in advance by the Department Head or City Manager.

3.9 Telephone Charges. Necessary business-related telephone calls incurred by an employee on authorized travel may be reimbursed.

3.10 Cancelled Travel. The employee is responsible for understanding all cancellation policies before booking travel. Travel includes the costs of lodging, meals, conference/meeting fees and all forms of transportation.

Credits received by the employee for cancelled travel can be used for future business travel that benefits the City. The credit can also be reimbursed to the City. If the credit is used for personal travel, the employee will reimburse the City for the credit amount.

Cancellation fees will be paid by the City if the department head or City Manager requested cancellation of the trip. Cancellation fees will be paid by the employee if the employee requested cancellation of the trip. Exceptions may be made by the City Manager, or designee.

3.11 Reimbursement of Expenses for Non-Employees. Meals for individuals assisting City employees in business activities such as consultants, auditors or bankers may be paid for by City employees if justified. Actual amounts accounted for will be reimbursed to the employee and receipts are required. In no case shall expenses be reimbursed to a non-employee or family member.

3.12 Reports. Members of the City Council or members of the City’s boards and commissions shall provide a brief oral report on the meetings attended at the expense of the City at the next regular meeting of the City Council or respective board or commission.The City Manager shall provide reports in February and August to Council/Agency Board members of the accumulated total conference and meeting expense for each member. To facilitate the preparation of the reports, Council/Agency Board members shall make every effort to promptly submit documentation of actual expenses.

3.13 Alcoholic Beverages. No reimbursement will be allowed for the purchase of alcohol.

3.14 Gratuities. The maximum gratuity to be reimbursed is 20%.

As discussed in section 4.6, meals for employees are reimbursed at the Per Diem rate and the Per Diem rate includes gratuities (tips). As the meal gratuity is included in the Per Diem Rate, gratuity for meals will not be reimbursed when the per diem is used.

3.15 This policy is not intended to address every issue or situation which may arise in the course of travel on City business. In areas not specifically covered in this policy, the City Manager’s decision shall govern.

4. AUTHORIZATION AND APPROVAL OF REQUESTS AND EXPENSES

4.1 Requests for authorization to attend conferences and/or meetings must be submitted in advance to the Finance Department on a Training Request & Expenditure Report form. Department Heads, the City Attorney, and/or the City Manager, or designee, (as applicable) shall review and authorize all requests prior to travel or attendance. Written justification must be provided in advance, where possible, for any unusual or extraordinary expenses.

4.2 Receipts and expense statements are to be submitted to the Finance Department for processing and filing within 30 days after attendance. Processing shall include verification of policy compliance. rates established in Publication 463. Group/government rates apply for non-conference or organized educational activity related events per Government Code Sec. 53232.2(e).

POLICY & PROCEDURE NO. 34
4 Receipts are required to be filed for all major expenses when available such as registration, hotel, travel, and meals. Expenses are to be submitted on the Training Request & Expenditure Report form accompanied with all required receipts and documentation. On those occasions when it is impractical to provide a receipt or when a receipt is lost, a memo detailing the expenses on the missing receipt must be prepared, signed by the employee and submitted to the Finance Department with the Training Request & Expenditure Report.

4.3 Expense statements submitted by the City Council, members of the City’s boards and commissions, and Department Heads require review and approval by the City Manager, or designee. Expenses statements submitted by all other employees require review and approval by the appropriate Department Head.

4.4 Reimbursement of costs shall be based on the minimum number of days and hours required to transact City business. Early departures and late arrivals shall be at the employee's own expense except where savings to the City can be demonstrated and where prior approval of the City Manager, or designee, is received. Reimbursement will not be allowed for travel between an employee's residence and the location of a meeting or conference on normal workdays which does not exceed the employee's normal commute distance.

4.5 Advances to Employees. Cash advances should be requested only in cases of hardship or other special circumstances. Employees may request an advance of travel expenses that cannot be paid in advance by the City; for example, per diem meals, ground transportation from airport, hotel deposits, etc.of estimated cost for training expenses. The advance shall be approved by the Department Head and Finance Director. The employee is responsible for submitting, within 30 days of his/her return to work, all receipts and for reconciling the amount advanced with the total expenses. In the case where the advance received is in excess of the amount spent, the employee is required to reimburse the City for the difference. Failure to adhere to this policy within the 30 days or failure to provide proper reimbursement (e.g., a check which is returned unpaid by the bank) may adversely impact the ability of the employee to request advances in the future. The Finance Department will determine the course of action with regard to properly advance reimbursements on a case by case basis.

4.5.1 Ineligible for Advance. Elected/Appointed Officials (ex: Council Members, City Treasurer, Board & Commission members) are required to use the reimbursement method for travel related expenses.

4.6 Per Diem Allowance. Per diem reimbursement at the IRS approved U.S. General Services Administration Meal and Incidental Expenses rate will be authorized. City Council members and members of the City’s boards, commissions and committees are not allowed a per diem allowance, but are required to follow the reimbursement procedures set forth in paragraphs 4.1 through 4.5.

These reimbursements are capped at the applicable IRS per diem rates.

4.6.1 Per diem expenses are generally the cost of meals and small miscellaneous items such as tips, aspirin or snacks. Expenses such as conference registration, hotel accommodations, air travel, taxi fares, tolls, parking fees will be reimbursed separately and are not considered part of the per diem allowance.

4.6.2 When a per diem reimbursement is requested, the IRS approved standard per diem rate should be used (the FY 2017 2023 allowable IRS standard per diem rate for the Concord area is $6474.00 per day, with day defined as being out of town for breakfast, lunch and dinner). The IRS standard per diem rates can be found on the US General Services Administration (GSA) website: https://www.gsa.gov/portal/content/104877. For the first and last day of travel, the per diem rate is calculated at 75 percent of the daily rate.

POLICY & PROCEDURE NO. 34
5 4.6.3 In the event that an outside agency has agreed to reimburse the City for an employee’s travel at a different rate than the City’s approved rate listed in 4.6.2, the different rate will be reimbursed to the employee. Documentation supporting the different rate will be attached to the Training Request & Expenditure Report form and approved in advance of travel.

4.7 Non-Reimbursable Expenses. Expenses incurred at the option of the employee such as room service charges or movie charges will not be reimbursed. Internet service may be reimbursed when purchased for a bona fide City business purpose.

4.8 City Council-sponsored dinners or social events are not subject to the restrictions of this Policy & Procedure but will be reimbursed at the actual expense incurred.

4.9 Procurement Card charges related to business travel must be made after approval of the Training Request & Expenditure Report. A copy of the report is to be attached to the monthly Procurement Card Log to support approval of travel related charges.

4.10 Members of the City Council or members of the City’s boards and commissions shall provide a brief oral report on the meetings attended at the expense of the City at the next regular meeting of the City Council or respective board or commission.

5.0 PENALTIES
Penalties for misuse of public resources or falsifying expense reports in violation of expense reporting may include, but are not limited to, the following:

5.1 The loss of reimbursement privileges.

5.2 Restitution to the City of Concord.

5.3 Civil penalties for misuse of public resources.

5.4 Prosecution for misuse of public resources.

Reference: Govt. Code Sections 53232 – 53235.2

Staff Report
Date: October 3, 2023
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Joelle Fockler, MMC, City Clerk
Prepared by: Stefanie Ananthan, Deputy City Clerk
[email protected]
(925) 671-3085
Subject: Considering recommending to the County Board of Supervisors the reappointment of City of Concord
Commission on Aging member Marilyn Fowler to serve on the Contra Costa County Advisory Council on Aging (CCCACOA) for a two-year term ending September 30, 2025, as
recommended by the Concord Commission on Aging; and
directing the City Clerk to pass the information to the County Board of Supervisors for further action.

Report in Brief
Consider recommending to the County Board of Supervisors the reappointment of City of Concord Commission on Aging (COA) member Marilyn Fowler to serve on the Contra Costa County Advisory Council on Aging (CCCACOA) for a two-year term ending September 30, 2025, as recommended by the COA; and direct the City Clerk to pass the information to the County Board of Supervisors for further action. The CCCACOA is a County committee; therefore, the County Board of Supervisors makes the formal appointment for the seat reserved for the Concord representative.

Recommended Action
Recommend to the County Board of Supervisors the reappointment of City of Concord Commission on Aging member Marilyn Fowler to serve on the Contra Costa County Advisory Council on Aging for a two-year term ending September 30, 2025, as recommended by the Concord Commission on Aging; and direct the City Clerk to pass the information to the County Board of Supervisors for further action.

5.e

City Council Agenda Report
Agenda Item No. 5.e
October 3, 2023
Background
The City of Concord is authorized to have a representative serve on the CCCACOA through the approval of the County Board of Supervisors. This representative has typically been a member of the City’s COA, selected by consensus of his or her peers.

The CCCACOA advises the Area Agency on Aging on all matters related to the development and administration of senior programs for compliance with the mandates of the Older American Act. The Council is comprised of 40 members, each appointed by the County Board of Supervisors in partnership with the member recommendations made by other local agencies, commissions, and advisory groups.

The Area Agency on Aging has clarified that upon the confirmation of the member appointment by the Board of Supervisors for an initial two-year term, members continue consecutive terms until the member resigns, fails to fulfill their responsibilities, or notification is received from the designating City recommending appointment of another individual.

The City of Concord’s seat on the CCCACOA was filled by Marilyn Fowler on May 23, 2023, for the remainder of a two-year term ending September 30, 2023, due to the passing of John Haberkorn. Marilyn Fowler has served on the Concord Commission on Aging since September 2021, has been an active member of the COA, and her peers on the COA recommend her reappointment to serve as the City of Concord’s representative on the CCCACOA for a two-year term ending September 30, 2025.

During her services on the COA, Ms. Fowler has gained knowledge that will benefit her during her representation on this committee. A copy of her application is on file with the City Clerk’s office.

Public Contact
The City Council Agenda was posted.

Staff Report
Date: October 3, 2023
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Joelle Fockler, MMC, City Clerk
Prepared by: Stefanie Ananthan, Deputy City Clerk
[email protected]
(925) 671-3085
Subject: Confirming appointment of applicants Brandon Betz and Ellis Moore to the Youth Member positions on the Parks, Recreation and Open Space Commission for one-year terms, effective September 1, 2023, and ending June 30, 2024, as
recommended by the Parks, Recreation and Open Space
Commission.

Report in Brief
In accordance with the Concord Municipal Code, the Youth Member positions on the Parks, Recreation and Open Space Commission are appointed by a selection task force composed of the adult members of the Parks, Recreation and Open Space Commission and confirmed by the City Council. Interviews for the Youth Member positions were held Wednesday, September 13, 2023, and the Parks, Recreation and Open Space Commission appointed applicants Brandon Betz and Ellis Moore to the Youth Member positions on the Parks, Recreation and Open Space Commission for one-year terms, effective September 1, 2023, and ending June 30, 2024.

Recommended Action
Confirm the appointment of applicants Brandon Betz and Ellis Moore to the Youth Member positions on the Parks, Recreation and Open Space Commission for one-year terms, effective September 1, 2023, and ending June 30, 2024, as recommended by the Parks, Recreation and Open Space Commission.

5.f5.f

City Council Agenda Report
Agenda Item No. 5.f
October 3, 2023
Background
The Parks, Recreation and Open Space Commission is made up of five (5) adult members and two (2) youth members. The Youth Member positions are appointed by a selection task force composed of the adult members and confirmed by the City Council.

The youth members must be between the ages of 13 and 21 at the time of their appointment, shall be residents of the city or attend school in the city and may be part- time seasonal employees of the city. Youth members serve at the pleasure of the City Council for one year, effective September 1 and ending June 30 of the following year.

A total of four (4) applications were received, and the four (4) applicants qualified to be interviewed included: Brandon Betz, Ellis Moore, Amanda Stapf, and Tyler Stapf.

Interviews were held on Wednesday, September 13, 2023, by a selection task force composed of adult members of the Parks, Recreation and Open Space Commission.

Following the interviews, the Parks, Recreation and Open Space Commission appointed applicants Brandon Betz and Ellis Moore to the Youth Member positions on the Parks, Recreation and Open Space Commission for one-year terms, effective September 1, 2023, and ending June 30, 2024.

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

Attachment

1. Applications

Application
Attachment 1

1 Parks, Recreation & Open Space Commission
Youth Member Application
Date of Birth:

Zip Code:

Age:

City:

Parent Cell:

Name:

Address:

Cell Phone:

Email:

Current School: Current Grade:

Information about you
Please attach additional page(s) if needed.

Please describe any previous recreation, community, and/or volunteer experience:

Certificate of Applicant:

I certify that my answers are true and complete to the best of my knowledge.

I have reviewed the information provided and understand the requirements of the Youth member position of the Parks, Recreation, & Open Space Commission. I understand that false or misleading information will lead to disqualification.

Signature: Date:

Signature of Parent or Legal Guardian: Date:
3OHDVHGHVFULEHDQ\H[SHULHQFHLQDOHDGHUVKLSUROH
3OHDVHOLVWDQ\SUHYLRXVRUFXUUHQWH[WUDFXUULFXODUDFWLYLWLHV\RXKDYHRUDUHSDUWLFLSDWLQJLQ 3OHDVHGHVFULEHZKDWTXDOLWLHVDERXW\RXUVHOIWKDWPDNHV\RXDJRRGFDQGLGDWH 3OHDVHH[SODLQZK\\RXDUHLQWHUHVWHGLQWKLVUROH
Brandon Betz 17 02-23-2006
94520Concord3610 Sun View Terrace
925-979-8258 925-482-4494
[email protected]
De La Sal;e 11
Attached in seperate document
/Brandon Betz/
05-12-23/Kristel Svansjo/
05-12-23

Concord’s PROSC Application - Brandon Betz

1. In my current community, I give my best effort to volunteer every weekend through various outlets. I often volunteer at a food distribution center called White Pony Express, where we package food donated by stores, and then distribute it to various communities in need. Additionally, I also volunteer at the Lesher Center for the Arts as an usher, ushering in numerous different kids shows, as they often need help to make them happen.

Overall I strive to make sure I make many positive influences within the community.

2. At my current school, I take a lot of leadership initiatives. As the president of the theater group at my school, as well as Choir, A Cappella, and multiple different honor societies, I have a wide range of different leadership capabilities that I began immediately in my freshman year, so I could continue to grow them.

3. Currently, my biggest focus is on the theater arts. I have been in over 8 shows, with 3 of them having lead roles. Beyond theater, I also participate in an honors choir that travels every year to a national competition. On my academic side, I participate in numerous AP classes, as well as, a member and tutor in the National Honors Society.

4. I have always strived to be a person who exemplifies leadership, communication, and problem solving. I have observed and learned from leaders I have looked up to and I believe that I have gained the necessary skills that I have laid out. I enjoy communicating with others, and solving problems that would then benefit them, which I believe makes me suitable for this position.

5. I am interested in becoming a youth member of this committee, as I have always been fond of public service and helping others. I enjoy participating in community events, and like giving my feedback on them. Personally, as someone who has lived in Concord their entire life (17 years), I want to help continue the inner beauty that the city brings to me, my family, and friends, and make sure it is shared with the generations to come. I feel that some of Concord’s beauty comes quite a bit from their different landscapes and parks, which I want to ensure maintain in well order, clean, and safe for the community.

Application

Submit Date: May 01, 2023
First Name Last Name
Email Address
Street Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
City of Concord
Profile

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

Employer Address
Which Boards would you like to apply for?
Parks, Recreation and Open Space Commission: Submitted
Ellis Moore
Valley View Charter Prep Student Student
Ellis Moore

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

I like where I live and want to help my community. I have five sisters, and we were all adopted from China with special needs. We have enjoyed the parks around the community and believe that I can offer a unique point of view.

Question applies to multiple boards
Describe prior service on a board, commission, or any other community service or public body, indicate agency and explain what significant contributions you made:

As a youth, I am looking for ways to serve the community.

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

I can give my thoughts from a youth's perspective. Having spina bifida, I have enjoyed using local parks in unique ways.

Education and Training
High School
Since being adopted from China, I have been home-schooled with my five sisters. I am now 15 years old, and would like to be chosen as a youth member.

Ellis Moore

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

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

I Agree *
Electronic Signature - Please type your First and Last Name Ellis Moore
Ellis Moore

Application

1 Parks, Recreation & Open Space Commission
Youth Member Application
Date of Birth:

Zip Code:

Age:

City:

Parent Cell:

Name:

Address:

Cell Phone:

Email:

Current School: Current Grade:

Information about you
Please attach additional page(s) if needed.

Please describe any previous recreation, community, and/or volunteer experience:

Certificate of Applicant:

I certify that my answers are true and complete to the best of my knowledge.

I have reviewed the information provided and understand the requirements of the Youth member position of the Parks, Recreation, & Open Space Commission. I understand that false or misleading information will lead to disqualification.

Signature: Date:

Signature of Parent or Legal Guardian: Date:
3OHDVHGHVFULEHDQ\H[SHULHQFHLQDOHDGHUVKLSUROH
3OHDVHOLVWDQ\SUHYLRXVRUFXUUHQWH[WUDFXUULFXODUDFWLYLWLHV\RXKDYHRUDUHSDUWLFLSDWLQJLQ 3OHDVHGHVFULEHZKDWTXDOLWLHVDERXW\RXUVHOIWKDWPDNHV\RXDJRRGFDQGLGDWH 3OHDVHH[SODLQZK\\RXDUHLQWHUHVWHGLQWKLVUROH
Amanda Stapf 15 08/03/2007
94521Concord996 Autumn Oak Circle
9254995505 4153072180
[email protected]
Northgate High School 10
I would like to serve as Youth Member for the Parks, Recreation and Open Space Commission for this year 2023-2024. As a Concord resident for almost my entire life, I wish to give back to the community where I grew up and enjoy living with my family and friends. I am willing to work hard and share ideas.

Amanda Stapf
May 10, 2023Gabriella DaRoza
May 10, 2023
2012 - 2020, active member of Girl Scouts Troop 2023, awarded the PVSA (President's Volunteer Service Award) minimum of 50 hours of community volunteer hours in a year 2012 years on the high school Cross Country team, 2 years on the high school Track team, 2022-2023 member of volunteer group for girls called TAPS (Teen & Parent Service Society), member of high school clubs including Faith, Jewish, Muslim).

I am honest, hard working and like to talk to adults.

I am a good friend to my classmates and teammates and I want to give back to my city of Concord.

Application

1 Parks, Recreation & Open Space Commission
Youth Member Application
Date of Birth:

Zip Code:

Age:

City:

Parent Cell:

Name:

Address:

Cell Phone:

Email:

Current School: Current Grade:

Information about you
Please attach additional page(s) if needed.

Please describe any previous recreation, community, and/or volunteer experience:

Certificate of Applicant:

I certify that my answers are true and complete to the best of my knowledge.

I have reviewed the information provided and understand the requirements of the Youth member position of the Parks, Recreation, & Open Space Commission. I understand that false or misleading information will lead to disqualification.

Signature: Date:

Signature of Parent or Legal Guardian: Date:
3OHDVHGHVFULEHDQ\H[SHULHQFHLQDOHDGHUVKLSUROH
3OHDVHOLVWDQ\SUHYLRXVRUFXUUHQWH[WUDFXUULFXODUDFWLYLWLHV\RXKDYHRUDUHSDUWLFLSDWLQJLQ 3OHDVHGHVFULEHZKDWTXDOLWLHVDERXW\RXUVHOIWKDWPDNHV\RXDJRRGFDQGLGDWH 3OHDVHH[SODLQZK\\RXDUHLQWHUHVWHGLQWKLVUROH
Tyler Stapf 17 01/20/2006
94521Concord996 Autumn Oak Circle
4154072858 4153072180
[email protected]
Northgate High School 11
I have been an active member of BTC (Boys Team Charity - Diablo Chapter) for 5 years, volunteering in community programs like the food bank, fundraising walks/races, park cleanup projects etc.

Tyler Stapf
May 10/2023GdaRoza
May 10/2023
I have experience in a leadership role with many of my sports teams, taking on the position of Team Captain. I am also currently enrolled in several AP classes and Spanish Honors, and am also a Teacher's Assistant for Spanish 3 (which is a class of my Junior peers).

I have played numerous sports from a young age. In high school, I have played on the JV Football team, JV Baseball team, Varsity Golf team. I am also a current member of several Clubs at school including CSF (California Scholarship Federation), Cardio Club, Muslim Club, Key Club and Computer Coaching.

I believe that I am good candidate as I have very good listening skills and am open to soliciting feedback from my peers.

I am interested in this role so that I can be active within my community of Concord and offer my perspective on various topics within the Parks Rec & Open Space commission.

Staff Report
Date: October 3, 2023
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kevin Marstall, PE, Director of Community Development Carlton Thompson, PE, City Engineer
Bernard Enrile, PE, CIP Manager
Prepared by: Deyuanne Lei, PE, Associate Civil Engineer [email protected]
(925) 671-3049
Subject: Considering:

1. Award of a Construction Contract in the not-to-exceed amount of $223,419 to MCE Corporation authorizing staff to utilize the available project contingency for contract
change orders up to an additional 15% of the contract
amount for the Bailey Road Crossing Enhancements
(Project No. 2601) located on Bailey Road at Olive Drive and Limewood Drive; and authorizing the Mayor to execute the contract in a form acceptable to the City Attorney, and make the CEQA determinations as provided in this staff
report; (Funded by TDA Grant Funds, Capital Projects-
Reimbursement, Fund 402);

2. Approval of a related budget transfer of $135,000 from Pothole and Base Repair #2, Port Chicago and Bates
(Project No. 2556) to Project No. 2601 and associated
appropriation of such funds (Funded by Measure V Debt
Issuance, Fund 407); and

3. Authorizing the City Engineer to accept the improvements upon completion of Project No. 2601 and directing the City Clerk to file a Notice of Completion.

5.g5.g5.g

City Council Agenda Report
Agenda Item No. 5.g
October 3, 2023
CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(3), 15273, 15378, 15301, 15302, 15303, 15304, and/or Public Resources Code Section 21065.

Report in Brief
The Bailey Road Crossing Enhancements (Project No. 2601) will include installing high- visibility crosswalks along Bailey Road at Olive Drive and Limewood Drive, Rapid Rectangular Flashing Beacons (RRFBs), and curb ramps at both intersections.

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

Recommended Action

1. Award a Construction Contract in the not-to-exceed amount of $223,419 to MCE Corporation authorizing staff to utilize the available project contingency for contract change orders up to an additional 15% of the contract amount for the Bailey Road Crossing Enhancements (Project No. 2601) located on Bailey Road at Olive Drive and Limewood Drive; and authorizing the Mayor to execute the contract in a form acceptable to the City Attorney, and make the CEQA determinations as provided in this staff report (Funded by TDA Grant Funds, Capital Projects-Reimbursement, Fund 402);

2. Approve a related budget transfer of $135,000 from Pothole and Base Repair #2, Port Chicago and Bates (Project No. 2556) to Project No. 2601 and associated appropriation of such funds, and make the CEQA determinations as provided in this staff report (Funded by Measure V Debt Issuance, Fund 407); and

3. Authorize the City Engineer to accept the improvements, upon completion of Project No. 2578, and direct the City Clerk to file a Notice of Completion.

Background
On June 8, 2022, the City Council (Council) adopted the mid-cycle adjustments to the CIP Budget for Fiscal Years 2022-23, which an included appropriation of $54,000 to fund the design of the Bailey Road Crossing Enhancement Project No. 2601 (Project).

The design task order was awarded on November 8, 2022, to Diablo Engineering Group, and design was completed in May 2023.

On October 25, 2023, Council accepted and appropriated $180,000 Transportation Development Act – Article 3 (TDA) Grant funds from Metropolitan Transportation Commission (MTC) for the Bailey Road Crossing Enhancements (Project No. 2601).

City Council Agenda Report
Agenda Item No. 5.g
October 3, 2023
Procurement Process
Construction Contract
The Project was advertised for construction bids as required by state law and City of Concord (City) policy. The Engineer’s Estimate for the Total Bid was $175,000.00. Bids were opened on June 22, 2023. Five (5) bids were received in the amount ranging from $223,419.00 to $299,762.00. The lowest bid was received from MCE Corporation (MCE) of Concord, CA. A summary of the three lowest bids is as follows:

BID

SCHEDULE
Engineer's
Estimate
MCE
Corporation
Sposeto
Engineering
Inc.

Kerex
Engineering,
Inc.

Base Bid $ 175,000.00 $223,419.00 $224,907.00 $259,622.00 MCE was the low bidder and submitted a responsive and responsible bid. MCE has an appropriate and valid contractor’s license and satisfactory work references.

City staff (Staff) completed analysis of MCE’s bid, determining that this firm along with its subcontractors possess appropriate and valid licenses, and are not on any debarred lists. MCE is registered with the Department of Industrial Relations as required by SB 854.

Analysis
The City received higher bids for construction than initially budgeted, due to changes to the project during the design phase that added cost. The changes modify the storm drainage basins at Limewood Drive to address water ponding at a low point in the gutter on both sides of the street, which did not drain properly into the existing drainage basins. To address the ponding and maintenance issues, the designer included new catch basins at the low point in the gutter which would drain into new reinforced concrete storm drainage pipes. Due largely to these added improvements, the project has a shortfall of $135,000 in funding to complete the construction. The budget transfer recommended in this report covers this shortfall.

Financial Impact
The current construction budget for the Project is $180,000. The project is funded by TDA Grant Funds, Capital Projects-Reimbursement, Fund 402. An estimated $135,000 is needed to fully fund the construction of Bailey Road Crossing Enhancements (Project No. 2601), which includes staff time, cost recovery, administrative costs, on-call construction management services, and a construction contingency of 15 percent. Staff recommends a budget transfer of $135,000 from a completed project: Pothole and Base Repair #2, Port Chicago and Bates (Project No. 2556) (Measure V Debt Issuance, Fund 407). With this funding transfer and associated fund appropriation, the project will be fully funded.

City Council Agenda Report
Agenda Item No. 5.g
October 3, 2023
Environmental Determination
Pursuant to CEQA Guidelines Sections 15060(c), 15061(b)(3), 15273, 15378, and Public Resources Code Section 21065, award of this contract is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, as it will not result in a direct or reasonably foreseeable indirect physical change in the environment and involves a budget transfer/appropriation. In the alternative, award of this contract is exempt under CEQA Guidelines Sections 15273 – Rates, Tolls, Fares, and Charges, 15301 – Existing Facilities, 15302 – Replacement and Reconstruction, 15303 – New Construction or Conversion of Small Structures, and/or 15304 – Minor Alterations to Land, as it involves constructing concrete sidewalk, landscaping, traffic signal equipment, striping, and paving work. No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 applies. This determination reflects the City’s independent judgement and analysis. The Notice of Exemption will be filed with the County Clerk’s office following the Council award of the construction contract.

Public Contact
The City Council Agenda was posted.

Attachments

1. Project Location Map

2. Bid Summary

Attachment 1

Bailey Road Crossing Enhancements Project
Location Map

City of Concord
Bid Sheet
PROJECT #2601 Bid Opening:

Bailey Road Crossing Enhancements Thursday,
June 22, 2023
2:00 p.m.

City Manager's Conference Room
Engineer’s Estimate: $125,000 - $175,000 To be awarded:

COMPANY TOTAL BID
MCE Corporation
4000 Industrial Way
Concord, CA 94520
$223,419
Sposeto Engineering Inc
4558 Contractors Place
Livermore, CA 94551
$224,907
Kerex Engineering
PO Box 23831
Pleasant Hill, CA 94523
$259,622
FBD Vanguard Construction, Inc.
550 Greenville Road
Livermore, CA 94550
$277,265
Ray’s Electric
411 Pendleton Way, Suite B
Oakland, CA 94621-2115
$299,762
Co
ntact: Dey Lei x3049
Attachment 2

Staff Report
Date: October 3, 2023
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kevin Marstall, PE, Director of Community Development Carlton Thompson, PE, City Engineer
Bernard Enrile, PE, CIP Manager
Prepared by: Deyuanne Lei, PE, Associate Civil Engineer [email protected]
(925) 671-3049
Subject: Considering acceptance of improvements for Oak Grove Road Pavement Rehabilitation – Phase 3 (Project No. 2557); and directing the City Clerk to file a Notice of Completion.

Report in Brief
The Oak Grove Road Pavement Rehabilitation – Phase 3 Project (Project No. 2557) provided pavement rehabilitation on Oak Grove Road, from Treat Boulevard to Contra Costa Canal Trail. Work included pavement rehabilitation using Cold-in-Place method of removing and reusing the existing asphalt surface, installation of fiber conduit, and pavement marking and striping. See attached location map (Attachment 1). MCK Services, Inc. of Concord, CA has completed all work associated with this project and has provided the required warranty. The work was satisfactorily complete, as of August 8, 2023.

Recommended Action
Accept the improvements for the Oak Grove Road Pavement Rehabilitation – Phase 3 (Project No. 2557), constructed by MCK Services, Inc.; and direct the City Clerk to file a Notice of Completion (Attachment 2).

Background
On March 7, 2023, the City Council awarded a construction contract in the amount of $1,040,009.50 to MCK Services, Inc. of Concord, CA (MCK) and authorized a 10% contingency for the Oak Grove Road Pavement Rehabilitation – Phase 3 (Project No.

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City Council Agenda Report
Agenda Item No. 5.h
October 3, 2023
2557) (Project). The project limits are on Oak Grove Road, from Treat Boulevard to Contra Costa Canal Trail. The vicinity map for the Project is shown as Attachment 1.

Construction for the Project began on May 30, 2023. Work consisted of pavement rehabilitation using Cold-in-Place method of removing and reusing the existing asphalt surface, installation of fiber conduit, and pavement marking and striping. The Engineering Division managed design, bid advertisement, and construction with the assistance of Zoon Engineering providing construction management. Construction for Project No. 2557 including the four change orders listed below has been substantially completed on time and within the project budget.

Analysis
MCK has completed all work on the Project. City staff has inspected the work, which is in compliance with the project plans and specifications. MCK has provided the required 10% warranty bond, which guarantees the work from defects for one (1) year.

Financial Impact
The construction contract was completed in the total amount of $1,051,858.10, which includes the original contract amount of $1,040,009.50 and four Contract Change Orders (CCO)s, which increased the contract amount by $11,848.60, and remains within the approved budget for the project.
 CCO #1, for an increase of $25,323.40, including additional cost for valley gutter work and striping as directed by the Engineer.
 CCO #2, for an increase of $12,320.55, including additional cost for traffic posts and tree removal as directed by the Engineer.
 CCO #3, for a decrease of $29,293.35, including quantity adjustments of pavement repair and pavement marking and striping due to field adjustments.  CCO #4, for an increase of $3,498.00, including additional cost for loop detector work as directed by the Engineer.

The Project was funded by Measure V Funds (Fund 407).

Public Contact
The City Council Agenda was posted.

Attachments

1. Project Location Map

2. Notice of Completion

LOCATION MAP
Oak Grove Road Pavement Rehabilitation Project – Phase 3 City Project No. 2557
Attachment 1

RECORDING REQUESTED BY AND WHEN
RECORDED MAIL TO:

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

NOTICE OF COMPLETION
(Cal. Civ. Code §§ 8180-8190, 8100-8118, 9200-9208)
A. The City of Concord, a California municipal corporation, entered into a written contract with MCK Services, Inc. (Contractor) dated March 7, 2023. The surety on said contract is held by the Fidelity and Deposit Company of Maryland.

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

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

MCK Services, Inc., PO Box 5697 Concord, CA 94524
(3) The name and address of the construction lender, if any, are:

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

The real property herein referred to is situated in the City of Concord, County of Contra Costa, State of California, and is described as follows: Project No. 2557 Oak Grove Road Pavement Rehabilitation – Phase 3. Project included asphalt concrete removal, hot mix asphalt placement, installation of detector loops, adjusting utility boxes to grade, and pavement marking and striping. (5) The name, address, and relationship to the parties of the person giving the notice:

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

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

Not applicable
(9) The nature of the interest or estate of the owner: City-owned (10) The date of completion: August 8, 2023
I, Carlton Thompson, say I am the City Engineer for the City of Concord, owner of the aforesaid interest or estate in the property described in the above Notice of Completion, and as such, make this verification on behalf of City of Concord; and that I have read the above Notice of Completion and know the contents thereof and that the facts stated therein are true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

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

Staff Report
Date: October 3, 2023
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kevin Marstall, PE, Director of Community Development Carlton Thompson, PE, City Engineer
Bernard Enrile, PE, CIP Manager
Prepared by: Justin Bosch, PE, Associate Civil Engineer [email protected]
(925) 671-5008
Subject: Considering approval of an amendment to the task order with Ghirardelli Associates, increasing the total construction management contract amount by $74,477.60 for a total not-to- exceed amount of $305,564.93 for Whitman Road Sanitary
Sewer Improvements Project (Project No. 2513) constructing sanitary sewer work and repaving portions of Whitman Road between Gilardy Drive and Oak Grove Road; and authorizing the City Manager to execute the amendment in a form
acceptable to the City Attorney.

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

Report in Brief
The construction management task order for Whitman Road Sanitary Sewer Improvements Project (Project No. 2513, Project) was awarded to Ghirardelli Associates (Ghirardelli) on January 24, 2023. The task order was executed to provide construction management (CM), inspection, and materials testing services for the Project. An increase in the task order limit is needed in order to continue CM services until completion of the project.

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City Council Agenda Report
Agenda Item No. 5.i
October 3, 2023
Recommended Action
Approve an amendment to the task order with Ghirardelli Associates, increasing the total construction management contract amount by $74,477.60 for a total not-to-exceed amount of $305,564.93 for Whitman Road Sanitary Sewer Improvements Project (Project No. 2513) constructing sanitary sewer work and repaving portions of Whitman Road between Gilardy Drive and Oak Grove Road; and authorize the City Manager to execute the amendment in a form acceptable to the City Attorney.

Background and Analysis
On January 24, 2023, a Construction Contract was awarded to Bay Pacific Pipelines, Inc. for construction of the Whitman Road Sanitary Sewer Improvement Project No. 2513. On the same date, a construction management contract task order was issued to Ghirardelli Associates (Ghirardelli) for construction management of the project.

The Project initially had a completion date of August 8, 2023. However, the project has been delayed due to the contractor having difficulty securing certified traffic control supervisors and scheduling paving companies at this time of the year. Work on the Project moved forward as feasible while the critical path schedule was delayed.

Ghirardelli continued to manage and inspect the project through the delays. Due to the project construction schedule extending 2 months longer than anticipated, the construction management budget has been exhausted. Thus, an amendment is needed to increase the limit on Ghirardelli’s task order to pay for work that has been done since the project should have completed in August to when it is complete in October, along with all post-construction work including project closeout and acceptance.

Ghirardelli was able to minimize the additional expenses by working efficiently and only applying hours to the project as needed.

The contractor will have liquidated damages assessed for exceeding the amount of specified working days, which will potentially offset the amount needed to amend Ghirardelli’s task order.

Financial Impact
There are currently sufficient Project funds to amend the task order. If approved, Ghirardelli’s task order will be amended to increase total compensation by $74,477.60 for a total not to exceed amount of $305,564.93. This project is funded by Sewer Operating Funds (Fund 710).

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

City Council Agenda Report
Agenda Item No. 5.i
October 3, 2023
CEQA Guidelines Sections 15301 – Existing Facilities, 15302 – Replacement and Reconstruction, and 15304 – Minor Alterations to Land. 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.

Attachment

1. Project Location Map

ATTACHMENT 1
Project Location Map
Whitman Road Sanitary Sewer Improvements
City Project No. 2513

PROJECT SITE

Staff Report
Date: October 3, 2023
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kevin Marstall, PE, Director of Community Development Carlton Thompson, PE, City Engineer
Bernard Enrile, PE, CIP Manager
Prepared by: Justin Bosch, PE, Associate Civil Engineer [email protected]
(925) 671-5008
Subject: Considering approval of Task Order #3 with Dewberry Engineers Inc., in the not-to-exceed amount of $141,627.20 (base agreement of $128,752.00 plus Staff authority to spend up to 10% contingency of $12,875.20 in Measure V Projects funds, Fund 490) to provide construction management and materials testing services for 2023 Citywide Pothole and Base Repair Project (Project No. 2593) constructing pavement maintenance on Willow Pass Road from Landana Drive to
Avila Road and Ygnacio Valley Road from Alberta Way to
Clayton Road; and authorizing the City Manager to execute the amendment in a form acceptable to the City Attorney.

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

Report in Brief
The 2023 Citywide Pothole and Base Repair Project (Project No. 2593, Project) includes pavement maintenance that improves ride ability of roads in order to prevent them from reaching the point of premature replacement. The Project will include pothole and base repairs and asphalt overlay on Willow Pass Road from Landana Dr to Avila

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City Council Agenda Report
Agenda Item No. 5.j
October 3, 2023
Rd and pothole and base repairs on Ygnacio Valley Road from Alberta Way to Clayton Road.

Construction management services include inspection and materials testing services.

Staff recommends Dewberry Engineers Inc. (Dewberry) to provide construction management services. As the Task Order is over $80,000, Council approval is required.

Construction is anticipated to begin mid-October 2023 and last until November 2023.

Recommended Action
Approve Task Order #3 with Dewberry Engineers Inc., in the not-to-exceed amount of $141,627.20 (base agreement of $128,752.00 plus staff authority to spend up to 10% contingency of $12,875.20 in Measure V Projects funds, Fund 490) to provide construction management and materials testing services for 2023 Citywide Pothole and Base Repair Project (Project No. 2593) constructing pavement maintenance on Willow Pass Road from Landana Drive to Avila Road and Ygnacio Valley Road from Alberta Way to Clayton Road; authorize the City Manager to execute the amendment in a form acceptable to the City Attorney; and make the CEQA determinations as provided in this staff report.

Background and Analysis
The Project was advertised for bid in April 2023 and received no bids in May 2023. Due to no bids received, staff adjusted and create two separate projects for each of the treatment methods within the Project. The two projects were 2023 Willow Pass Road Patch Repair and Overlay (Project No. 2593-1) and the 2023 Citywide Asphalt Patch Repair (Project No. 2593-2) to be bid separately. Both construction contracts were awarded on August 22, 2023, to the lowest bidder, which was MCK Services, Inc. in both cases. The construction contracts are currently being routed for signatures and full execution, and construction is expected to begin this October.

Construction Management
Management of this construction project requires support from a construction management (CM) firm. The CM firm is needed to enforce the contract documents from construction contract award to project completion. This includes approving submittals for material procurement, traffic control, and scheduling among other things.

Staff requested a Task Order (TO) proposal from Dewberry for construction management and inspection services for both the 2023 Willow Pass Road Patch Repair and Overlay Project, and the 2023 Citywide Asphalt patch Repair Project. Dewberry is on the City’s Master Service Agreement (MSA) as an on-call consultant for construction management and inspection services.

Staff negotiated and agreed upon $141,627.20 as a fair and reasonable compensation for the services needed to complete the construction phase of the project and a 10%

City Council Agenda Report
Agenda Item No. 5.j
October 3, 2023
contingency. As the Task Order is over $80,000, Council approval is required. Dewberry and their sub-consultant(s) have agreed to be bound by the citywide Project Stabilization Agreement, as the construction portion of this project exceeds $750,000.

Dewberry has extensive experience with the City and has been performing construction management and inspection services for Citywide Arterial & Collector Maintenance Project #2 (City Project No. 2527) and Downtown Corridors Bicycle and Pedestrian Improvements (City Project No. 2424).

Financial Impact
Project No. 2593 is fully funded by Measure V Projects funds (Fund 490). Based on the estimated cost, sufficient funds exist in the current budget to fully fund the design and construction of the project.

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 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 has been filed with the County Clerk’s office following the Council award of the construction contract.

Public Contact
The City Council Agenda was posted.

Attachment

1. Project Location Maps

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

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

Staff Report
Date: October 3, 2023
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Karan Reid, Director of Finance
Prepared by: Suzanne McDonald, Financial Operations Manager [email protected]
(925) 671-3136
Subject: Considering appropriation in the amount of $800,000 to complete repairs of City facilities and infrastructure damaged during the January 2023 Winter Storm event which have been designated as FEMA projects under Major Damage Declaration FEMA-4683-DR-CA (Funded by Fund 470: Federal
Reimbursable Projects).

CEQA: Not a project/exempt pursuant to Public Resources Code Sections 21065, 21080(2), CEQA Guidelines Sections 15060(c), 15061(b)(2), 15269, 15301, 15302, 15303, 15304, 15305, 15333, 15273, and/or 15378.

Report in Brief
On January 14, 2023, a Major Disaster Declaration was made for California Severe Winter Storms, Flooding, Landslides & Mudslides. The City of Concord submitted a damage assessment to FEMA which resulted in the creation of eight FEMA projects for reimbursement. City Council action is required to approve the FEMA projects and appropriate funds needed to complete the repairs to Cityfacilities. The City anticipates FEMA reimbursements will cover these repair costs.

Recommended Action
Appropriate $800,000 to Fund 470: Federal Reimbursable Projects to complete the repairs of the City facilities/infrastructure as outlined in the FEMA DR-4638-CA application.

5.k

City Council Agenda Report
Agenda Item No. 5.k
October 3, 2023
Background
On January 14, 2023, a Major Disaster Declaration was made for California Severe Winter Storms, Flooding, Landslides & Mudslides for damages that occurred between December 27, 2022, through January 31, 2023. The City of Concord submitted a damage assessment to FEMA which resulted in the creation of eight FEMA projects.

FEMA Project Applications in Progress (with preliminary cost estimates):
 Debris Removal (fallen trees, clearing creeks, and clearing other vegetive debris) ($50,000)
 Protective Measures (sandbag distribution, responding to flooding streets, traffic control, etc.) ($50,000)
 Concord Community Park Fence (Repair/replace fence damaged by fallen tree) ($10,000)
 Concord Citywide Street Repairs (Potholes) ($75,000)
 Concord Civic Center Roof Repairs ($10,000)
 Other City Building Roof Repairs (Kidango Childcare, Concord Child Care, Concord Police Department, and Concord Senior Center) ($40,000)  Slope Failure Holbrook Creek Channel ($400,000)
 Markham Arboretum Bridge ($165,000)
Funding is required to begin assessment of repairs recommended for the Slope Failure at Holbrook Creek Channel, the Markham Arboretum Bridge, and other City facility/infrastructure repairs.

Analysis
The slope failure at Holbrook Creek and the Markham Arboretum Bridge repairs require funding to initially obtain an engineer’s estimate and design documents and to complete the repairs. The other City facilities (Kidango Childcare, Concord Child Care, Concord Police Department, and Concord Senior Center) were temporarily repaired and require additional funding to complete the permanent repairs. The amounts needed are not yet known, but the requested funding will allow staff to hire a consultant to prepare the damage and repair estimates for FEMA so reimbursement can be sought.

The City completed the Debris Removal, Emergency Protective Measures, Citywide Street Repairs (potholes), Concord Community Poll Fence, and Civic Center Roof repairs in January 2023. These repairs required immediate attention to keep the public safe during the storm event. Council action is requested to move these costs to City projects, which will be funded by the FEMA reimbursement.

City Council Agenda Report
Agenda Item No. 5.k
October 3, 2023
City staff is requesting an appropriation in the amount of $800,000 from fund 470:

Federal Reimbursable Projects to fund the eight FEMA applications from the January 2023 Winter Storm Event. It is anticipated that the City will receive full reimbursement by FEMA for these costs.

Environmental Determination
Council action on this item is exempt from California Environmental Quality Act (CEQA) review because none of the activities has the potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, the activities consist of continuing administrative or maintenance activities, creation of government funding mechanisms or other government fiscal activities, and/or organizational or administrative activities of governments, which do not constitute a "project" within the meaning of Public Resources Code Sections 21065, 21080(2), CEQA Guidelines Section 15060(c), and CEQA Guidelines Sections 15269 (Emergency projects), 15301(Existing Facilities), 15302 (Replacement and Reconstruction), 15303 (New Construction or Conversion of Small Structures), 15304 (Minor Alterations to Land), 15305 (Minor Alterations in Land Use Limitations), 15273 (Rates, Tolls, Fares, and Charges), 15333 (Small Habitat Restoration Projects), and/or 15378 (Project), the activities do not commit the City to a definite course of action, and the activities do not constitute discretionary approval of a specific project. If any activity were determined to be a “project” for CEQA analysis, such activity is either subject to a categorical exception set forth in CEQA Guidelines Section 15061(b)(2) or falls within the "Common Sense" CEQA exemption set forth in CEQA Guidelines Section 15061(b)(3). No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. This determination reflects the City’s independent judgment and analysis. Individual projects will undergo CEQA analysis as necessary.

Financial Impact
Appropriate $800,000 to City fund 470: Federal Reimbursable Projects to complete the repairs of the City facilities/infrastructure as outlined in the FEMA DR-4638-CA application, which will be funded by the FEMA reimbursement.

Public Contact
The City Council Agenda was posted.

Staff Report
Date: October 3, 2023
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kevin Marstall, PE, Director of Community Development Carlton Thompson, PE, City Engineer
Prepared by: Bruce Davis, PE, Senior Civil Engineer
[email protected]
(925) 671-3470
Subject: Considering introduction of an Ordinance amending Concord Municipal Code, Title 15 (Building and Building Regulations), Chapter 15.75 (Floodplain Management) for consistency with the California Model Floodplain Management Ordinance, by reading of the title only and waiving further reading.

CEQA: Not a project/exempt under CEQA Guidelines Sections 15060(c)(2), 15061(b)(3), 15378, 15301, 15302, 15303, and/or 15304.

Report in Brief
The proposed Ordinance would amend the Concord Municipal Code to make the Floodplain Management Ordinance consistent with the California Model Floodplain Ordinance and FEMA recommendations.

Recommended Action
Introduce an Ordinance (Attachment 1), amending the Concord Municipal Code, Title 15 (Building and Building Regulations), Chapter 15.75 (Floodplain Management) for consistency with the California Model Floodplain Management Ordinance, by reading of title only and waiving further reading.

Background
The City of Concord (City) first adopted a Flood Insurance Program Ordinance in 1972 which has been amended six times to meet updated federal and state requirements.

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City Council Agenda Report
Agenda Item No. 5.l
October 3, 2023
The most recent update was in 2010, when a comprehensive reorganization was approved, to be consistent with the California Model Ordinance (CA Model Ordinance).

In 1984, the City voluntarily joined the National Flood Insurance Program (NFIP). As an NFIP participating community, the City and its residents are entitled to:
a. Purchase flood insurance and/or renew existing policies; b. Receive federal grants or loans for acquisition or construction of buildings in the floodplain;
c. Receive federal disaster assistance for damage caused by a flood to properties in the floodplain. (Federal law prohibits the disbursement of federal relief funds to non-NFIP participating communities.); and d. Receive federal mortgage insurance or loan guarantees for properties in the floodplain.

Since 2008, the City has participated in the Community Rating System (CRS), which is a voluntary incentive program that recognizes communities with minimum floodplain management requirements that exceed those of the NFIP. As a result of the City’s current Class 6 status, all properties within the City with NFIP policies are eligible for a 20% discount on their flood insurance premiums.

In April 2023, the Federal Emergency Management Agency (FEMA) performed a Community Assistance Visit (CAV), or audit, to meet with City staff and review the City’s Floodplain Management program and tour the City’s floodplain zones.

The CAV included a review of Concord’s current Floodplain Management Ordinance (Ordinance). FEMA found that the Ordinance has many higher standards, however, there are some items which do not meet recent minimum NFIP standards contained in the CA Model Ordinance or meet CRS prerequisites.

Analysis
The proposed Ordinance amending the Concord Municipal Code (CMC) Chapter 15.75 (Floodplain Management) is included as Attachment 1. The various text amendments proposed are included as Exhibit A to Attachment 1, and consist of various terminology and reference updates, as well as more substantial provisions as summarized below.

The proposed amendments are based primarily on FEMA’s review of the City’s current Ordinance. FEMA provided a California Ordinance Review Checklist (Attachment 2), organized with sections marked as: Higher Standards; Compliant Language; Unclear or Conflicting language; and Noncompliant language. The proposed changes address all areas that FEMA identified as Unclear or Conflicting language or Noncompliant language. FEMA has reviewed our draft language and indicated to staff that the changes address their comments.

City Council Agenda Report
Agenda Item No. 5.l
October 3, 2023
Proposed Revisions to CMC Chapter 15.75:

Section 15.75.050 - Definitions
Revise definition of Manufactured home to include mobile homes and recreational vehicles. Revised language as follows:
“Manufactured home” means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. For the purposes of floodplain management, the term also includes mobile homes and recreational vehicles, park trailers, travel trailers and similar transportable structures that are placed on a site for 180 consecutive days or longer.

Section 15.75.140 – Duties and responsibilities of the Floodplain Administrator Replace subsection (b) with updated language from the CA Model Ordinance regarding Substantial Improvement and Substantial Damage determinations:

For applications for building permits to improve buildings and structures, including alterations, movement, enlargement, replacement, repair, additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the Floodplain Administrator, in coordination with the Building Official, shall:
(1) Estimate the market value, or require the applicant to obtain an appraisal of the market value prepared by a qualified independent appraiser, of the building or structure before the start of construction of the proposed work; in the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made. (2) Compare the cost to perform the improvement, the cost to repair the damaged building to its pre-damaged condition, or the combined costs of improvements and repairs, when applicable, to the market value of the building or structure. (3) Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage.
(4) Notify the applicant when it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the building code is required and notify the applicant when it is determined that work does not constitute substantial improvement or repair of substantial damage.

Revise subsection (d)(2) with updated language from the CA Model Ordinance regarding required notifications to FEMA when engineering analyses are required to support changes to base flood elevation as part of a permit application.

City Council Agenda Report
Agenda Item No. 5.l
October 3, 2023
Add new language from CA Model Ordinance as subsection (e)(7) regarding floodplain development inspections:
a. Inspections, in general. Development for which a permit for floodplain development is required shall be subject to inspection. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of these regulations or the building code. Inspections presuming to give authority to violate or cancel the provisions of these regulations or the building code or other ordinances shall not be valid.
b. Inspections of development other than buildings and structures. The Floodplain Administrator shall make or cause to be made, inspections of all development other than buildings and structures that is authorized by issuance of a permit for floodplain development under these regulations. The Floodplain Administrator shall inspect flood hazard areas from time to time to determine when development is undertaken without issuance of a permit. c. Inspections of manufactured homes installations. The Floodplain Administrator shall make or cause to be made, inspections of installation and replacement of manufactured homes in flood hazard areas authorized by issuance of a permit for floodplain development under these regulations.

Upon installation of a manufactured home and receipt of the elevation certification required in Section 15.75.200(e) of these regulations the Floodplain Administrator shall inspect the installation or have the installation inspected.
d. Buildings and structures. The Building Official shall make or cause to be made, inspections for buildings and structures in flood hazard areas authorized by permit, in accordance with the building code:

1. Lowest floor elevation. Upon placement of the lowest floor, including the basement, and prior to further vertical construction, certification of the elevation required in the building code shall be prepared by a CA Licensed Land Surveyor or Civil Engineer and submitted to the building official.

2. Final inspection. Prior to the final inspection, certification of the elevation required in the building code shall be prepared by a CA Licensed Land Surveyor or Civil Engineer and submitted to the building official.

Section 15.75.170 – Standards of construction
Revise subsection (b)(3) to require equipment and machinery to have 1-foot of freeboard above the base flood elevation (BFE) per CRS prerequisites.

Revise subsection (c)(3) to require floodproofing of nonresidential construction to 1-foot above BFE for consistency with subsection (c)(2)(a).

City Council Agenda Report
Agenda Item No. 5.l
October 3, 2023
Revise subsection (c)(6)(b)(iv) to require elevating or floodproofing equipment to 1-foot above BFE.

Add new language from CA Model Ordinance as subsection (c)(9) regarding Recreational Vehicles:
(9) Recreational Vehicles.
a. Temporary placement. Recreational vehicles in flood hazard areas, shall be placed on a site for less than 180 consecutive days or shall be fully licensed and ready for highway use. Ready for highway use means the recreational vehicle is on wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions, such as rooms, stairs, decks and porches. b. Permanent placement. Recreational vehicles that do not meet the limitations in subsection 15.75.170(c)(9)a. for temporary placement shall meet the requirements of 15.75.200 for manufactured homes.

Section 15.75.270 – Conditions for variances
Remove subsection (a) to be consistent with the CA Model Ordinance regarding variances for new construction erected on a lot of one-half acre or less in size and surrounded by lots with existing structures constructed below the base flood elevation.

Financial Impact
The adoption of the proposed Ordinance has no significant fiscal impact to the City’s General Fund. It would allow Concord’s continued participation in the NFIP, and in the CRS program, which would allow owners of properties within the City to continue to receive discounted flood insurance rates on all NFIP policies.

Environmental Determination
In accordance with CEQA Guidelines Sections 15060(c)(2) and 15378, the approval of Ordinance language amending Floodplain Management is not an activity that constitutes a “project”, if this were determined to be a “project” for CEQA analysis, this activity falls within either the “Common Sense” CEQA exemption set forth in CEQA Guidelines Section 15061(b)(3) or is Categorically Exempt from the requirement for preparation of an environmental document as provided for in CEQA Guidelines Sections 15301 - 15304. No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. This determination reflects the City’s independent judgement and analysis.

Public Contact
The City Council Agenda was posted. A Public Hearing Notice was published in the East Bay Times on September 22, 2023. Interested persons who have voiced an interest in the topic have been made aware of the public hearing.

City Council Agenda Report
Agenda Item No. 5.l
October 3, 2023
Attachments

1. Ordinance Amending Concord Municipal Code Chapter 15.75 Exhibit A – Various Text Amendments to the Concord Municipal Code Section 15.75, Floodplain Management (redline)

2. FEMA California Ordinance Review Checklist

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

AN ORDINANCE AMENDING THE CONCORD MUNICIPAL CODE
TITLE 15 BUILDING AND BUILDING REGULATIONS, CHAPTER 15.75 (FLOODPLAIN MANAGEMENT)
WHEREAS, Government Code Section 65800 et seq. provides for the amendment of any and all adopted City of Concord (“City”) zoning laws, ordinances, rules and regulations; and WHEREAS, the California Model Floodplain Ordinance is coordinated with CCR Title 24 and satisfies the requirements of the National Flood Insurance Program (NFIP), developed by California Department of Water Resources (DWR) and approved by FEMA Region IX on April 6, 2020; and
WHEREAS, on April 26, 2023, FEMA Region IX performed a Community Assistance Visit (CAV) to review the City’s floodplain management program, including the Current Floodplain Management Ordinance for consistency with the California Model Ordinance; and WHEREAS, the amendments collectively are shown in the form of the proposed Chapter

15.75, Floodplain Management code section, attached hereto as Exhibit A (hereafter referred to as “Amendment”) and incorporated by reference; and
WHEREAS, the City Council, after giving all public notices required by State Law and the Concord Municipal Code, held a duly noticed public hearing on October 3, 2023, on the proposed Amendment; and
WHEREAS, at such public hearing, the City Council considered all oral and written information, testimony, and comments received during the public review process, including the oral report from City staff, the written report from City staff dated October 3, 2023, materials, exhibits presented, the Concord Municipal Code, and all other information that constitutes the record of proceedings relating to the proposed Amendment, which are maintained at the offices of the City of Concord Clerk’s Office, 1950 Parkside Drive, Concord, CA (collectively, “Amendment Information”); and
THE CITY COUNCIL OF THE CITY OF CONCORD DOES ORDAIN AS FOLLOWS:

Section 1. All of the facts set forth in the Recitals are true and correct and are hereby Attachment 1

Ord. No. 23-XX 2
incorporated and adopted as findings of the City Council as if fully set forth herein.

Section 2. The City Council has reviewed, considered, and evaluated all of the Amendment Information, all other pertinent documents and testimony prior to acting upon Ordinance.

Section 3. The documents and other materials that constitute the record of proceedings upon which the City Council has based its decision are located in and may be obtained from the City of Concord Clerk’s Office at 1950 Parkside Drive, Concord, CA 94519.

Section 4. In accordance with CEQA Guidelines Sections 15060(c)(2) and 15378, the approval of Ordinance language amending Floodplain Management is not an activity that constitutes a “project”, if this were determined to be a “project” for CEQA analysis, this activity falls within either the “Common Sense” CEQA exemption set forth in CEQA Guidelines Section 15061(b)(3) or is Categorically Exempt from the requirement for preparation of an environmental document as provided for in CEQA Guidelines Sections 15301 - 15304. No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. This determination reflects the City’s independent judgement and analysis.

Section 5. The Amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City because the Amendment concerns codifying language to maintain compliance with the California Model Ordinance and the NFIP.

Section 6. Concord Municipal Code, Title 15, Building and Building Regulations, Chapter

15.75 (Floodplain Management) is hereby amended as set forth in Exhibit A attached hereto and made a part hereof.

Section 7. Severability. 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 8. This ordinance shall become effective thirty (30) days following passage and

Ord. No. 23-XX 3
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)
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Ord. No. 23-XX 4
Ordinance No. 23-XX was duly and regularly introduced at a regular meeting of the City Council of the City of Concord held on October 3, 2023, and was thereafter duly and regularly passed and adopted at a regular meeting of the City Council held on October 24, 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 – Amended Concord Municipal Code Chapter 15.75, Floodplain Management

Chapter 15.75

FLOODPLAIN MANAGEMENT
Sections:

Article I. Statutory Authorization, Finding of Fact, Purpose and Methods

15.75.010 Statutory authorization.

15.75.020 Findings of fact.

15.75.030 Statement of purpose and intent.

15.75.040 Methods of reducing flood losses.

Article II. General Provisions

15.75.050 Definitions.

15.75.060 Lands to which this chapter applies.

15.75.070 Basis for establishing the areas of special flood hazard.

15.75.080 Compliance.

15.75.090 Abrogation and greater restrictions.

15.75.100 Interpretation.

15.75.110 Warning and disclaimer of liability.

15.75.120 Severability.

Article III. Administration

15.75.130 Designation of the Floodplain Administrator.

15.75.140 Duties and responsibilities of the Floodplain Administrator.

15.75.150 Development permit.

15.75.160 Appeals.

Article IV. Provisions for Flood Hazard Reduction

15.75.170 Standards of construction.

15.75.180 Standards for utilities.

15.75.190 Standards for subdivisions and other proposed development.

15.75.200 Standards for manufactured homes.

15.75.210 Floodways.

Article V. Pine and Galindo Creek Floodway Regulations

15.75.220 Definitions.

15.75.230 Designation of floodway.

15.75.240 Structures subject to regulation.

Article VI. Violations; Penalties.

15.75.250 Unlawful to violate chapter.

Article VII. Variance Procedure
Exhibit A to Attachment 1

15.75.260 Nature of variances.

15.75.270 Conditions for variances.

15.75.280 Denial of variance; appeal to City Council.

Article VIII. Other Measures

15.75.290 Hazard mitigation plan and evacuation plan.

Cross references: Buildings and building regulations, Title 15; health and sanitation, Title 8; manufactured homes, mobile homes, and trailers, Ch. 15.105; streets, sidewalks, and other public places, Title 12; subdivisions, Title 17; utilities, Title 13; zoning, Title 18.

Article I. Statutory Authorization, Finding of Fact, Purpose and Methods

15.75.010 Statutory authorization.

The Legislature of the State of California has in Government Code § 65302, 65560, and 65800 conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the City Council does hereby adopt the following floodplain management regulations.
(Code 2002, § 34-31. Ord. No. 10-1)

15.75.020 Findings of fact.
(a) The flood hazard areas of the city are subject to periodic inundation which could result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. (b) These flood losses could result from uses that are inadequately elevated, floodproofed, or protected from flood damage. The cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities also contributes to flood losses. (Code 2002, § 34-32. Ord. No. 10-1)

15.75.030 Statement of purpose and intent.

It is the purpose of this chapter to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by legally enforceable regulations applied uniformly throughout the community to all publicly and privately owned land within flood prone areas. These regulations are designed to:
(a) Protect human life and health;
(b) Minimize expenditure of public money for costly flood control projects; (c) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

(d) Minimize prolonged business interruptions;
(e) Minimize damage to public facilities and utilities such as water and gas mains; electric, telephone and sewer lines; and streets and bridges located in areas of special flood hazard; (f) Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future blighted areas caused by flood damage; (g) Ensure that potential buyers are notified that property is in an area of special flood hazard; and (h) Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.
(Code 2002, § 34-33. Ord. No. 10-1)

15.75.040 Methods of reducing flood losses.

In order to accomplish its purposes, this ordinance includes regulations to:
(a) Restrict or prohibit uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or flood heights or velocities; (b) Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (c) Control the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters;
(d) Control filling, grading, dredging, and other development which may increase flood damage; and (e) Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas.
(Code 2002, § 34-34. Ord. No. 10-1)
Article II. General Provisions

15.75.050 Definitions.

Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable application.
“A zone” – See “Special flood hazard area”.
“Accessory structure” means a structure that is either:
(1) Solely for the parking of no more than 2 cars; or

(2) A small, low cost shed for limited storage, less than 150 square feet and $1,500 in value (labor and materials) at the time of adoption of the flood management ordinance. This amount shall be adjusted annually to account for inflation. This adjustment shall be based upon the most current Engineering News Record Construction Cost Index and other factors as determined by the Floodplain Administrator.
“Accessory use” means a use which is incidental and subordinate to the principal use of the parcel of land on which it is located.
“Appeal” means a request for a review of the Floodplain Administrator’s interpretation of any provision of this ordinance.
“Area of shallow flooding” means a designated AO or AH Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
“Area of special flood hazard” – See “Special flood hazard area.” “Base flood” means a flood which has a one percent chance of being equaled or exceeded in any given year (also called the “100 year flood”). Base flood is the term used throughout this ordinance. “Base flood elevation” (BFE) means the elevation shown on the Flood Insurance Rate Map for Zones AE, AH, A1-30, VE and V1-V30 that indicates the water surface elevation resulting from a flood that has a 1-percent or greater chance of being equaled or exceeded in any given year. “Basement” means any area of the building having its floor subgrade – i.e., below ground level – On all sides.
“Building” – See “Structure”.
“Crawl space” – See subsection 15.75.170(c)(7).
“Development” means any man made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. “Encroachment” means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain which may impede or alter the flow capacity of a floodplain.
“Existing manufactured home park or subdivision” means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before July 5, 1984. “Expansion to an existing manufactured home park or subdivision” means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

“FEMA” means the Federal Emergency Management Agency.
“Flood, flooding, or flood water” means a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from any source. “Flood Hazard Boundary Map (FHBM)” means initial flood hazard identification generally used for Emergency Program communities based on approximate data and identifies, in general, the SFHAs within a community.
“Flood Boundary and Floodway Map (FBFM)” means the official map on which FEMA or Federal Insurance Administration has delineated both the areas of special flood hazards and the floodway. “Flood Insurance Rate Map (FIRM)” means the official map on which FEMA or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
“Flood Insurance Study” means the official report provided by the Federal Emergency Management AgencyFederal Insurance Administration that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood. “Floodplain or flood prone area” means any land area susceptible to being inundated by water from any source – See “Flooding.”
“Floodplain Administrator” is the city official designated by title to administer and enforce the floodplain management regulations.
“Floodplain management” means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, floodplain management regulations, and open space plans. “Floodplain management regulations” means this ordinance and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion control) and other application of police power which control development in flood prone areas. This term describes federal, state or local regulations in any combination thereof which provide standards for preventing and reducing flood loss and damage. “Floodproofing” means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents. For guidelines on dry and wet floodproofing, see FEMA Technical Bulletins TB 1-08, TB 3-93, and TB 7-93. “Floodway” means the channel of a river or other watercourse and the adjacent land areas that shall be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Also referred to as “Regulatory Floodway.” “Floodway fringe” is that area of the floodplain on either side of the “Regulatory Floodway” where encroachment may be permitted.

“Fraud and victimization” as related to Article VIII of this chapter, means that the variance granted shall not cause fraud on or victimization of the public. In examining this requirement, the city will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for fifty to one hundred years. Buildings that are permitted to be constructed below the base flood elevation are subject during all those years to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger, and suffering that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates. “Governing body” is the local governing unit, i.e. county or municipality that is empowered to adopt and implement regulations to provide for the public health, safety and general welfare of its citizenry. “Hardship” as related to Article VIII of this chapter means the exceptional hardship that would result from a failure to grant the requested variance. The city requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one’s neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.
“Highest adjacent grade” means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. “Historic structure” means any structure that is:
(1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (3) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or (4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs.
“July 5, 1984” – The date of the initial Flood Insurance Rate Map (FIRM) and the city’s entry into the National Flood Insurance Program (NFIP).
“Levee” means a man made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding.

“Levee system” means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accord with sound engineering practices.
“Lowest floor” means the lowest floor of the lowest enclosed area, including basement (see “Basement” definition). An unfinished or flood resistant enclosure below the lowest floor that is usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building’s lowest floor provided it conforms to applicable non-elevation design requirements, including, but not limited to:
(1) The flood openings standard in subsection 15.75.170(c)(4); (2) The anchoring standards in subsection 15.75.170(a); (3) The construction materials and methods standards in subsection 15.75.170(b); and (4) The standards for utilities in section 15.75.180.
“Manufactured home” means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. For the purposes of floodplain management, the term also includes mobile homes and recreational vehicles, park trailers, travel trailers and similar transportable structures that are placed on a site for 180 consecutive days or longerThe term “manufactured home” does not include a “recreational vehicle”.
“Manufactured home park or subdivision” means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
“Market value” is determined using the city’s most recently issued “Existing Residential Structures in Special Flood Hazard Areas Value Determination Fact Sheet” form and applicable “Structure Value Determination Work Sheet” as amended from time to time. The referenced forms determine the market value by estimating the cost to replace the structure in new condition and adjusting that cost figure by the amount of depreciation which has accrued since the structure was constructed. (1) The cost of replacement of the structure shall be based on a square foot cost factor determined by reference to a building cost estimating guide recognized by the building construction industry.
(2) The amount of depreciation shall be determined by taking into account the age and physical deterioration of the structure and functional obsolescence as approved by the floodplain administrator, but shall not include economic or other forms of external obsolescence.

Use of replacement costs or accrued depreciation factors different from those contained in recognized building cost estimating guides may be considered only if such factors are included in a report prepared by an independent professional appraiser and supported by a written explanation of the differences.
“Mean sea level” means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other

datum, to which base flood elevations shown on a community’s Flood Insurance Rate Map are referenced.
“New construction”, for floodplain management purposes, means structures for which the “start of construction” commenced on or after July 5, 1984, and includes any subsequent improvements to such structures.
“New manufactured home park or subdivision” means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after July 5, 1984. “Obstruction” includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream.
“One hundred year flood” or “100 year flood” – See “Base flood.” “Program deficiency” means a defect in a community’s floodplain management regulations or administrative procedures that impairs effective implementation of those floodplain management regulations.
“Public safety and nuisance” as related to Article VIII of this chapter, means that the granting of a variance shall not result in anything which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin. “Recreational vehicle” means (a) a vehicle that is built on a single chassis, 400 square feet (37.16 m2) or less when measured at the largest horizontal projection, designed to be self-propelled or permanently towable by a light-duty truck, and designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use, or (b) as otherwise defined by Health and Safety Code section 18010 as amended from time to time. A recreational vehicle is ready for highway use when it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions.
“Regulatory floodway” means the channel of a river or other watercourse and the adjacent land areas that shall be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
“Remedy a violation” means to bring the structure or other development into compliance with applicable Federal or State floodplain management regulations or this ordinance, or if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing local, State or Federal financial exposure with regard to the structure or other development.

“Riverine” means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.
“Sheet flow area” – See “Area of shallow flooding.”
“Special flood hazard area (SFHA)” means an area in the floodplain subject to a 1 percent or greater chance of flooding in any given year. It is shown on an FHBM or FIRM as Zone A, AO, A1 A30, AE, A99, or, AH.
“Start of construction” includes substantial improvement and other proposed new development and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days from the date of the permit. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufacture home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. “Structure” means a walled and roofed building that is principally above ground; this includes a gas or liquid storage tank or a manufactured home.
“Substantial damage” means:
(1) Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred; or
(2) Flood-related damages sustained by a structure on two separate occasions during a 10- year period for which the cost of repairs at the time of each such event, on the average, equals or exceeds 25 percent of the market value of the structure before the damage occurred. This is also known as “repetitive loss.”
“Substantial improvement” means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the “start of construction” of the improvement. This term includes structures which have incurred “substantial damage”, regardless of the actual repair work performed. The term does not, however, include either:
(1) Any project for improvement of a structure to correct existing violations or state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or (2) Any alteration of a “historic structure,” provided that the alteration will not preclude the structure’s continued designation as a “historic structure.”

“Variance” means a grant of relief from the requirements of this ordinance which permits construction in a manner that would otherwise be prohibited by this ordinance. “Violation” means the failure of a structure or other development to be fully compliant with this ordinance. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this ordinance is presumed to be in violation until such time as that documentation is provided.
“Water surface elevation” means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other datum, of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. “Watercourse” means a lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur. (Code 2002, § 34-51. Ord. No. 10-1)

15.75.060 Lands to which this chapter applies.

This chapter shall apply to all areas of special flood hazards within the jurisdiction of the city. (Code 2002, § 34-52. Ord. No. 10-1)

15.75.070 Basis for establishing the areas of special flood hazard.

Purpose and intent. The Federal National Flood Insurance Act of 1968 allows persons in floodplain areas of a community to purchase flood insurance at reduced rates. In order for such rates to be available within a community, the community shall make provision for regulating development and land uses in accordance with applicable federal requirements. The purpose and intent of this chapter is to identify special hazard areas in the city which are prone to flooding and to impose requirements on development and uses within such areas in accordance with applicable federal requirements.

The areas of special flood hazard identified by FEMA in the “Flood Insurance Study (FIS) Report for City of Concord” as dated March 21, 2017  June 16, 2009, with accompanying Flood Insurance Rate Maps (FIRM’s) dated according to the effective dates listed in the City of Concord Firm Index Table below and and Flood Boundary and Floodway Maps (FBFM’s), dated June 16, 2009, and all subsequent amendments and/or revisions, including Letters of Map Amendments (LOMA’s) and Letters of Map Revisions (LOMR’s) are hereby adopted by reference and declared to be a part of this ordinance. This FIS and attendant mapping is the minimum area of applicability of this ordinance and may be supplemented by studies for other areas which allow implementation of this ordinance and which are recommended to the City Council by the Floodplain Administrator. The study, FIRM’s, FBFM’s, LOMA’s and LOMR’s are on file in the office of the City Clerk.

Firm Index Table

Firm Panel Effective Date
06013CIND0C 03/21/2017
06013C0093H 03/21/2017

06013C0094H 03/21/2017
06013C0277F 06/16/2009
06013C0279F 06/16/2009
06013C0281F 06/16/2009
06013C0282F 06/16/2009
06013C0283F 06/16/2009
06013C0284F 06/16/2009
06013C0291F 06/16/2009
06013C0292F 06/16/2009
06013C0301G 03/21/2017
06013C0302G 03/21/2017
06013C0303G 03/21/2017
06013C0304G 03/21/2017
06013C0308F 06/16/2009
06013C0312F 06/16/2009
06013C0315F 06/16/2009
(Code 2002, § 34-53. Ord. No. 10-1)

15.75.080 Compliance.

No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this ordinance and other applicable regulations. Violation of the requirements (including violations of conditions and safeguards) shall constitute a misdemeanor.

Nothing herein shall prevent the city from taking such lawful action as is necessary to prevent or remedy any violation.
(Code 2002, § 34-54. Ord. No. 10-1)

15.75.090 Abrogation and greater restrictions.

This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (Code 2002, § 34-55. Ord. No. 10-1)

15.75.100 Interpretation.

In the interpretation and application of this ordinance, all provisions shall be:
(a) Considered as minimum requirements;
(b) Liberally construed in favor of the city; and
(c) Deemed neither to limit nor repeal any other powers granted under state statutes. (Code 2002, § 34-56. Ord. No. 10-1)

15.75.110 Warning and disclaimer of liability.

The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man made or natural causes. This ordinance does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of the city, any officer or employee thereof, the State of California, or FEMA, for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder. (Code 2002, § 34-57. Ord. No. 10-1)

15.75.120 Severability.

This chapter and the various parts thereof are hereby declared to be severable. Should any section of this ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid.
(Code 2002, § 34-58. Ord. No. 10-1)
Article III. Administration

15.75.130 Designation of the Floodplain Administrator.

The City Engineer is hereby appointed to administer, implement, and enforce this ordinance by granting or denying development permits in accord with its provisions. (Code 2002, § 34-71. Ord. No. 10-1)

15.75.140 Duties and responsibilities of the Floodplain Administrator.

The duties and responsibilities of the Floodplain Administrator shall include, but not be limited to the following:
(a) Permit Review. Review all development permits to determine whether:
(1) Permit requirements of this ordinance have been satisfied, including determination of substantial improvement and substantial damage of existing structures; (2) All other required state and federal permits have been obtained; (3) The site is reasonably safe from flooding;
(4) The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. This means that the cumulative effect of the proposed development when combined with all other

existing and anticipated development will not increase the water surface elevation of the base flood more than 1 foot at any point within the city;
(5) All Letters of Map Revision (LOMR’s) for flood control projects are approved prior to the issuance of building permits. Building Permits shall not be issued based on Conditional Letters of Map Revision (CLOMR’s). Approved CLOMR’s allow construction of the proposed flood control project and land preparation as specified in the “start of construction” definition; and (6) The proposed development complies with Title 16 of this code, Stormwater Management, regarding the threshold for which the flood discharge exiting the development after construction is equal to, or less than, the flood discharge at the location prior to development, based upon the requirements set forth in the city’s NPDES permit. (b) Substantial improvement and substantial damage determinations.

For applications for building permits to improve buildings and structures, including alterations, movement, enlargement, replacement, repair, additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the Floodplain Administrator, in coordination with the Building Official, shall:
(1) Estimate the market value, or require the applicant to obtain an appraisal of the market value prepared by a qualified independent appraiser, of the building or structure before the start of construction of the proposed work; in the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made.
(2) Compare the cost to perform the improvement, the cost to repair the damaged building to its pre-damaged condition, or the combined costs of improvements and repairs, when applicable, to the market value of the building or structure. (3) Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage.
(4) Notify the applicant when it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the building code is required and notify the applicant when it is determined that work does not constitute substantial improvement or repair of substantial damage.Development of Substantial Improvement and Substantial Damage Procedures. (1) Use FEMA publication FEMA 213, “Answers to Questions About Substantially Damaged Buildings,” develop detailed procedures for identifying and administering requirements for substantial improvement and substantial damage, to include defining “Market Value.” (2) Assure procedures are coordinated with other departments/divisions and implemented by community staff.
(c) Review, Use and Development of Other Base Flood Data.

(1) Use of elevation data. When base flood elevation data is not provided in the flood insurance study or the FIRM, the city shall obtain, review, and reasonably utilize the best flood base data available from a Federal or State Agency or any other source, or private engineering reports, in order to administer the terms of this chapter and to provide estimated base flood elevations.
(d) Notification of other agencies.
(1) Alteration or relocation of a watercourse.
a. Notify adjacent communities and any other applicable local, State and Federal Agencies and the California Department of Water Resources prior to alteration or relocation;
b. Submit evidence of such notification to FEMA; and
c. Assure that the flood carrying capacity within the altered or relocated portion of said watercourse is maintained.
(2) Base Flood Elevation changes due to physical alterations. a. Within 6 months of information becoming available or project completion, whichever comes first, the floodplain administrator shall submit or assure that the permit applicant submits technical or scientific data to FEMA for a Letter of Map Revision (LOMR). b. Require applicants who submit hydrologic and hydraulic engineering analyses to support permit applications to submit to FEMA the data and information necessary to maintain the Flood Insurance Rate Maps when the analyses indicate changes in base flood elevations, flood hazard area boundaries, or floodway designations; such submissions shall be made within 6 months of such data becoming availableAll LOMR’s for flood control projects are approved prior to the issuance of building permits. Building Permits shall not be issued based on Conditional Letters of Map Revision (CLOMR’s).

Approved CLOMR’s allow construction of the proposed flood control project and land preparation as specified in the “start of construction” definition. c. Submission of additional data. When additional hydrologic, hydraulic or other engineering data, studies, and additional analyses are submitted to support an application, the applicant has the right to seek a Letter of Map Change from FEMA to change the base flood elevations, change floodway boundaries, or change boundaries of flood hazard areas shown on FIRMs, and to submit such data to FEMA for such purposes. The analyses shall be prepared by a qualified CA Licensed Civil Engineer in a format required by FEMA. Submittal requirements and processing fees shall be the responsibility of the applicant. Provided FEMA issues a Conditional Letter of Map Revision, construction of proposed flood control projects and land preparation for development are permitted, including clearing, excavation, grading, and filling. Permits for construction of buildings shall not be issued until the applicant satisfies the FEMA requirements for issuance of a Letter of Map Revision.

Such submissions are necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements are based on current data.

(3) Changes in corporate boundaries. Notify FEMA in writing whenever the corporate boundaries have been modified by annexation or other means and include a copy of a map of the community clearly delineating the new corporate limits. (e) Documentation of Floodplain Development. Obtain and maintain for public inspection and make available as needed the following:
(1) Certification required by subsection 15.75.170(c)(1) and section 15.75.200 (lowest floor elevations);
(2) Certification required by subsection 15.75.170(c)(2) (elevation or floodproofing of nonresidential structures);
(3) Certification required by subsection 15.75.170(c)(3) (wet floodproofing standard); (4) Certification of elevation required by subsection 15.75.190(a)(3) (subdivisions and other proposed development standards);
(5) Certification required by subsection 15.75.210(b) (floodway encroachments); and (6) Maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to FEMA. (7) Inspections
a. Inspections, in general. Development for which a permit for floodplain development is required shall be subject to inspection. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of these regulations or the building code. Inspections presuming to give authority to violate or cancel the provisions of these regulations or the building code or other ordinances shall not be valid. b. Inspections of development other than buildings and structures. The Floodplain Administrator shall make or cause to be made, inspections of all development other than buildings and structures that is authorized by issuance of a permit for floodplain development under these regulations. The Floodplain Administrator shall inspect flood hazard areas from time to time to determine when development is undertaken without issuance of a permit.
c. Inspections of manufactured homes installations. The Floodplain Administrator shall make or cause to be made, inspections of installation and replacement of manufactured homes in flood hazard areas authorized by issuance of a permit for floodplain development under these regulations. Upon installation of a manufactured home and receipt of the elevation certification required in Section 15.75.200(e) of these regulations the Floodplain Administrator shall inspect the installation or have the installation inspected.
d. Buildings and structures. The Building Official shall make or cause to be made, inspections for buildings and structures in flood hazard areas authorized by permit, in accordance with the building code:

1. Lowest floor elevation. Upon placement of the lowest floor, including the basement, and prior to further vertical construction, certification of the elevation required in the building code shall be prepared by a CA Licensed Land Surveyor or Civil Engineer and submitted to the building official.

2. Final inspection. Prior to the final inspection, certification of the elevation required in the building code shall be prepared by a CA Licensed Land Surveyor or Civil Engineer and submitted to the building official.
(f) Map Determination. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazard, where there appears to be a conflict between a mapped boundary and actual field conditions. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in section 15.75.160. (g) Remedial Action. Take action to remedy violations of this chapter as specified in section 15.75.080.
(h) Biennial Report. Complete and submit Biennial Report to FEMA. (i) Planning. Assure community’s General Plan is consistent with floodplain management objectives herein.
(j) Non-conversion of Enclosed Area Below the Lowest Floor. To ensure that the areas below the BFE shall be used solely for parking vehicles, limited storage, or access to the building and not be finished for use as human habitation without first becoming fully compliant with the floodplain management ordinance in effect at the time of conversion, the Floodplain Administrator shall:
(1) Determine which applicants for new construction and/or substantial improvements have fully enclosed areas 5 feet or more below the lowest floor; (2) Enter into a “Declaration of Land Restriction” or equivalent with the city. The agreement shall be signed by the applicant at the issuance of the Building Permit. The agreement shall be recorded with the Contra Costa County Recorder as a deed restriction prior to the project receiving its final inspection. The non-conversion agreement shall be in a form acceptable to the Floodplain Administrator; and
(3) Have the authority to inspect any area of a structure below the base flood elevation to ensure compliance upon prior notice of at least 72 hours. (Code 2002, § 34-72. Ord. No. 10-1)

15.75.150 Development permit.

A development permit shall be obtained before any construction or other development, including manufactured homes, within any area of special flood hazard established in section 15.75.070.

Application for a development permit shall be made on forms furnished by the city. The applicant shall provide the following minimum information:
(a) Plans in duplicate, drawn to scale, showing:

(1) Location, dimensions, and elevation of the area in question, existing or proposed structures, storage of materials and equipment and their location; (2) Proposed locations of water supply, sanitary sewer, and other utilities; (3) Grading information showing existing and proposed contours, any proposed fill, and drainage facilities;
(4) Location of the regulatory floodway when applicable; (5) Base flood elevation information as specified in section 15.75.070 or subsection 15.75.140(c);
(6) Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures; in flood hazard zone AO, elevation of existing grade and proposed elevation of lowest floor of all structures; and
(7) Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed, as required in subsection 15.75.170(c)(2) of this ordinance and detailed in FEMA Technical Bulletin TB 3-93.
(b) Certification from a registered civil engineer or architect that the nonresidential floodproofed building meets the floodproofing criteria in subsection 15.75.170(c)(2). (c) For a crawl-space foundation, location and total net area of foundation openings as required in subsection 15.75.170(c)(4) of this ordinance and detailed in FEMA Technical Bulletins TB 1-08 and TB 7-93.
(d) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
(e) All appropriate certifications listed in subsection 15.75.140(e) of this ordinance. (f) Such other information as the city may require.
(Code 2002, § 34-73. Ord. No. 10-1)

15.75.160 Appeals.

The City Council shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this ordinance. Appeals shall be filed in accordance with Section 2.05.040. (Code 2002, § 34-74. Ord. No. 10-1)
Article IV. Provisions for Flood Hazard Reduction

15.75.170 Standards of construction.

In all areas of special flood hazards the following standards are required:
(a) Anchoring. All new construction and substantial improvements of structures, including manufactured homes, shall be adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
(b) Construction Materials and Methods. All new construction and substantial improvements of structures, including manufactured homes, shall be constructed:
(1) With flood resistant materials, and utility equipment resistant to flood damage for areas below the base flood elevation;
(2) Using methods and practices that minimize flood damage; (3) With electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities elevated to a height 1-foot or greater above, or above, the BFE or depth number specified on the FIRM; and
(4) Within Zones AH or AO, so that there are adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures. (c) Elevation and Floodproofing.
(1) Residential construction. All new construction or substantial improvements of residential structures shall have the lowest floor, including basement:
a. In AE, AH, A1-30 Zones, elevated to 1 foot or more above the base flood elevation. b. In an AO zone, elevated above the highest adjacent grade to a height equal to or exceeding 1 foot above the depth number specified in feet on the FIRM, or elevated at least 2 feet above the highest adjacent grade if no depth number is specified. c. In an A zone, without BFE’s specified on the FIRM [unnumbered A zone], where the BFE’s have been determined pursuant to subsection 15.75.140(c), elevated as required in subsection 15.75.170(c)(1)a.
d. In an A zone, without BFE’s specified on the FIRM [unnumbered A zone], where the BFE’s have not otherwise been determined, the following requirements shall apply:

1. Single parcels – Elevate the lowest floor of any residential structure to no less than two feet above natural grade when base flood elevation is not established.

2. Multiple parcels (five or more) – All proposals shall establish the 100-year base flood elevation before the first consideration of any plan or permit for construction or development of the parcels. The city may require standards for subdivisions in excess of those identified elsewhere in this chapter.

Upon the completion of the forms for the structure’s foundation, and prior to pouring the foundation, the elevation of the lowest flood, including basement, shall be certified by a registered civil engineer

or licensed land surveyor, and verified by the building division to be properly elevated. Such certification and verification shall be provided to the Floodplain Administrator.

Upon the completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registered civil engineer or licensed land surveyor, and verified by the building division to be properly elevated. Such certification and verification shall be provided to the Floodplain Administrator.
(2) Nonresidential construction. All new construction or substantial improvements of nonresidential structures shall either be elevated to conform with subsection 15.75.170(c)(1) or:
a. Be floodproofed, together with attendant utility and sanitary facilities, below the elevation recommended under subsection 15.75.170(c)(1), so that the structure is watertight with walls substantially impermeable to the passage of water; b. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
c. Be certified by a registered civil engineer or architect that the standards of subsections

15.75.170(c)(2)a and 15.75.170(c)(2)b are satisfied. Such certification shall be provided to the Floodplain Administrator.
(3) Floodproofing. Nonresidential construction shall either be elevated in conformance with subsections 15.75.170(c)(1) or 15.75.170(c)(2) or, together with attendant utility and sanitary facilities, be floodproofed to 1 foot above the base flood elevation. Examples of floodproofing include, but are not limited to:
a. Installation of watertight doors, bulkheads, and shutters; b. Reinforcement of walls to resist water pressure;
c. Use of paints, membranes, or mortars to reduce seepage through walls; d. Addition of mass or weight to structure to resist flotation; e. Armor protection of all fill materials from scour and/or erosion; f. Certification provided to the city by a registered professional engineer or architect that the standards of this subsection are satisfied.
g. For all new construction and substantial improvements, fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters.

Designs for meeting this requirement shall either be certified by a registered professional engineer or architect or shall meet or exceed the following minimum criteria: A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens,

louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
(4) Flood openings. All new construction and substantial improvements of structures with fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement shall meet the following minimum criteria:
a. For non-engineered openings:

1. Have a minimum of two openings on different sides having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding;

2. The bottom of all openings shall be no higher than one foot above grade;

3. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwater; and

4. Buildings with more than one enclosed area shall have openings on exterior walls for each area to allow flood water to directly enter; or b. Be certified by a registered civil engineer or architect. (5) Manufactured homes. See section 15.75.200.
(6) Garages and low cost accessory structures.
a. Attached garages.

1. A garage attached to a residential structure, constructed with the garage floor slab below the BFE, shall be designed to allow for the automatic entry of flood waters. See subsection 15.75.170(c)(4). Areas of the garage below the BFE shall be constructed with flood resistant materials. See subsection 15.75.170(b).

2. A garage attached to a nonresidential structure shall meet the above requirements or be dry floodproofed. For guidance on below grade parking areas, see FEMA Technical Bulletin TB 5.25.0306.
b. Detached garages and accessory structures.

1. “Accessory structures” used solely for parking (2 car detached garages or smaller) or limited storage (small, low-cost sheds), as defined in Article II of this chapter, may be constructed such that its floor is below the base flood elevation (BFE), provided the structure is designed and constructed in accordance with the following requirements:
i. Use of the accessory structure shall be limited to parking or limited storage;

ii. The portions of the accessory structure located below the BFE shall be built using flood-resistant materials;
iii. The accessory structure shall be adequately anchored to prevent flotation, collapse and lateral movement;
iv. Any mechanical and utility equipment in the accessory structure shall be elevated or floodproofed to or1 foot or higher above the BFE;
v. The accessory structure shall comply with floodplain encroachment provisions in section 15.75.210; and
vi. The accessory structure shall be designed to allow for the automatic entry of flood waters in accordance with subsection 15.75.170(c)(4).

2. Detached garages and accessory structures not meeting the above standards shall be constructed in accordance with all applicable standards in section 15.75.170.
(7) Crawl Space Construction. This subsection applies to buildings with crawl spaces up to 2 feet below grade. Below-grade crawl space construction in accordance with the requirements listed below will not be considered basements.
a. The building shall be designed and adequately anchored to resist flotation, collapse, and lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Crawl space construction is not allowed in areas with flood velocities greater than 5 feet per second unless the design is reviewed by a qualified design professional, such as a registered civil engineer; b. The crawl space is an enclosed area below the BFE and, as such, shall have openings that equalize hydrostatic pressures by allowing for the automatic entry and exit of floodwaters. For guidance on flood openings, see FEMA Technical Bulletin TB 1-08; c. Portions of the building below the BFE shall be constructed with materials resistant to flood damage. This includes not only the foundation walls of the crawl space used to elevate the building, but also any joists, insulation, or other materials that extend below the BFE; and
d. Any building utility systems within the crawl space shall be elevated above BFE or designed so that floodwaters cannot enter or accumulate within the system components during flood conditions.
e. Requirements for all below-grade crawl space construction, in addition to the above requirements, to include the following:

1. The interior grade of a crawl space below the BFE shall not be more than 2 feet below the lowest adjacent exterior grade (LAG), shown as D in figure 3 of Technical Bulletin TB 11-01;