Concord City Council
February 6, 2024

1 COUNCILMEMBERS
Edi E. Birsan, Mayor
Carlyn S. Obringer, Vice Mayor
Dominic D. Aliano
Laura M. Hoffmeister
Laura M. Nakamura
Civic Center
1950 Parkside Drive
Concord, CA 94519
www.cityofconcord.org
Regular Meeting of the
Concord City Council
Tuesday,
February 6, 2024
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* 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/85751881882?pwd=EG1xAnd0s2kTsGFNAPJhZoSqM6x7dg .gTcLs43IxDBnlUXL or Zoom Webinar ID: 857 5188 1882 and Passcode: 610224 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.Join 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 – Vice Mayor Obringer

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

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

3. PRESENTATION
a. Presentation – on the Home Match Contra Cost program by Logan Robertson, Associate Director, Home Match Contra Costa. Introduction by Mayor Birsan.

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

If a request for removal of an item from the Consent Calendar has been received, the Mayor may defer action on the particular item and place the same on the regular agenda for consideration in any order s/he deems appropriate. Please see “How to Submit Public Comments” above. a. Considering – approval of the minutes from the January 9 and 23, 2024, meetings. Recommended by the City Clerk.
b. Considering – approval of a Maintenance Services Agreement with J.T.S.

Tree Expert, Inc. for up to four (4) years in the not-to-exceed amount of $300,000 per year (up to $1,200,000 total over four (4) years) to provide on- call tree maintenance services (Project No. 2384); and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney.

Recommended by the Director of Public Works.

CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(3), 15273, 15301, and/or 15304.
4 c. Considering – approval of an amendment to the Professional Services Agreement with PlanIT Geo, Inc. in the amount of $120,000 for a total not-to- exceed amount of $369,024 in order to complete the Citywide Tree Inventory, Tree Maintenance Plan, and deploy Tree Management Software; and authorizing the City Manager to execute the amendment in a form acceptable to the City Attorney. (Project No. 2673 funds) Recommended by the Director of Public Works.

CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c)(2), 15273, and/or 15378. d. Considering:

1. Awarding a construction contract in the amount $1,494,000.00 to St.

Francis Electric, LLC for the Treat Boulevard Fiber Phase 2 Project (City Project No. 2656); authorize Staff to utilize the available project contingency for contract change orders that become necessary up to 10% of the contract amount; and authorize the Mayor to execute the contract in a form acceptable to the City Attorney.

2. Approving a Professional Services Agreement with MNS Engineers, Inc. in the not-to-exceed amount of $941,507.60 (base agreement of $855,916.00 plus staff authority to spend up to a 10% contingency of $85,691.60) to provide construction management, inspection, and materials testing services for both the Treat Boulevard Fiber Phase 2 Project, and the Treat Boulevard Pavement Rehabilitation Project (Phase 2) (City Project Nos. 2656 & 2559); and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney.

3. Approving a budget transfer in the total amount of $1,300,000 to the Treat Boulevard Fiber Phase 2 Project (Project No. 2656) from PJ 2609 (Clayton Road Pavement Rehabilitation, Fund 407).

4. Authorizing the City Engineer to accept the improvements upon completion of Project No. 2656 and directing the City Clerk to file a Notice of Completion.

Recommended by the Director of Community Development.

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

5. CITY COUNCIL CONSIDERATION ITEM
The public is entitled to address the City Council on items appearing on the agenda before or during the City Council’s consideration of that item. Each speaker will be limited to approximately three minutes. Please see “How to Submit Public Comments” above. a. Considering – acceptance of Homeless Strategic Plan. Report by Leng Power, Community Services Manager.
5 CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(3), 15262, 15273, 15306, and/or 15378.

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

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

8. ADJOURNMENT
Next Meeting: Regular Meeting
Date: 2/13/2024 6:30 p.m.

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

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

From: Jason Pfister <[email protected]>
Sent: Friday, February 2, 2024 10:26 PM
To: City Clerk <[email protected]>
Subject: Constituent Comment for February 6, 2024 regular city council meeting

ITEM NUMBER: 2

COMMENT: I want the city council to put back on the agenda to reinstate Zoom comments for regular city council meetings. Having the community broadly participate in these meetings is fundamental and limiting their abilities to speak out is unacceptable.

Should anyone participate in Zoom in a harassing manner, you have the option to turn off their microphone. That, as opposed to take away Zoom in its entirety, is the solution for anyone who disrespects the process. Please permit Zoom comments at all meetings instead of merely when a councilperson remotely participates. Thank you for your time.

-Jason Pfister

Agenda Item No. 2.a
Written Public Comment
February 6, 2024

2.a

Contra Costa County
Kristin B. Connelly
C l e r k - R e c o r d e r - E l e c t i o n s
County Clerk-Recorder-Registrar
[email protected]
925.335.7899

ELECTIONS
Registrar of Voters
Primary Statutory Responsibilities Include:
• Conduct elections in a fair, efficient, accurate, and timely manner; • Provide services to maintain a high level of voter registration and to ensure that all eligible citizens can register to vote and are able to exercise their right to vote, according to Federal and State statutory laws and regulations;

CLERK-RECORDER
Primary Statutory
Responsibilities Include:
• Accurately maintain, protect, and
preserve official records and indices
relating to real property and
vital records in Contra Costa County
and provide the public with easy,
convenient, and reliable access to
public documents;
• Provide micrographic capability and
equipment to digitize, maintain, and
archive our public records.

CLERK -RECORDER -

ELECTIONS DEPARTMENT
• The Election Division was
selected as 1 of just 16 jurisdictions
nationwide to be a Center for Election
Excellence.
o The award is bringing nearly $2 million
in grant revenue through the end of 2024.

• Contra Costa Elections also received the
Democracy Award from the National
Association of Election Officials in 2022 for leading
the 11-county Coalition of Bay Area Elections
Officials (bayareavotes.org) for collaborating
to fight mis- and dis-information about elections
in our shared media market.
• We continue to collaborate on new collateral.

Recognized for Excellence

CONTRA COSTA ELECTIONS

BY THE NUMBERS
• 704,567 registered voters
o 90%-95% of ballots are cast as
Vote-By-Mail (VBM) ballots.
o These get returned split about evenly between
secure drop boxes and USPS.
• We moved to a central count model in 2022.

• We are authorized for just 32 permanent FTEs.
• By contrast, Santa Clara has only 400,000 more
registered voters and they have 90 permanent FTEs.
• The Presidential Primary on March 5, 2024, is first time in the history of California where we will mail every voter a ballot in a partisan presidential primary.
9th Largest County in California

CONCORD

BY THE NUMBERS
• 71,915 registered voters (10.2% of county)
o 55 precincts serving city voters
• Partisan breakdown of registered voters:
o 51.9% Democratic Party
o 19.6% Republican Party
o 4.1% American Independent Party
o 0.5% Green Party
o 1.1% Libertarian Party
o 0.5% Peace & Freedom Party
o 21.5% No Party Preference
o 0.7% Misc.
• 83 volunteers from Concord have committed to
help with the Presidential Primary.
• In November 2022, the highest turnout for in-person voting was at Concord High School with 367 voters
on Election Day. Page 8 of 19
Contra Costa County Elections Division
mailed all NPP voters a postcard in December
that gave instructions on how to request a cross-
over ballot for American Independent Party, the
Democratic Party or the Libertarian Party.

Voters wanting to participate in the Republican,
Green Party or Peace & Freedom Party
Presidential Primary need to re-register with that
party by February 20,2024.

How to get back to us?
Voters can send us their No Party Preference Cross-
Over Ballot Notice and Application in person or by
mail. It can also be sent by email or fax.
• Email: [email protected]
• Fax: (925) 335-7836

Contra Costa County Elections Division
mailed all NPP voters a postcard in December
that gave instructions on how to request a cross-
over ballot for American Independent Party, the
Democratic Party or the Libertarian Party.

Voters wanting to participate in the Republican,
Green Party or Peace & Freedom Party
Presidential Primary need to re-register with that
party by February 20,2024.

How to get back to us?
Voters can send us their No Party Preference Cross-
Over Ballot Notice and Application in person or by
mail. It can also be sent by email or fax.
• Email: [email protected]
• Fax: (925) 335-7836

VOTING EARLY IN CONCORD
24/7 Drop Box LocationsIn-Person Voting
Walnut Creek City Hall
1666 North Main Street
Friday March 1 -- 11:00 am – 6:00 pm
Saturday March 2 -- 9:00 am – 3:00 pm
Monday March 4 -- 11:00 am – 6:00 pm
1950 Parkside Drive
1990 Market Street

When is the Next Election?
2024 Presidential Primary Election
E-Day -40
1/25/24
E-Day -29
2/5/24
E-Day -15
2/19/24
E-Day -4
3/1/24
E-Day
3/5/24
E-Day +7
3/12/24
Voter Information Guides mailed
Includes locations of ballot drop boxes and voting sites Ballots mailed to all voters
In-person voting begins in Martinez; drop boxes opened
Last day to register online-If haven’t received your ballot Email [email protected] or phone 925.335.7800
Five early voting sites open
Fri, Sat, Mon, and Election Day
Election Day!
Ballot postmark deadline
Drop-dead
County must receive your ballot

How Can You Support Elections?
• Communicate with your residents and reinforce important election information.
• For the March Primary, NPP voters need to let us know if they would like a “crossover ballot” that allows them to vote in a partisan primary.
• To participate in the Republican Primary, a resident needs to be registered with the Republican party.
• Encourage high school students to become student poll workers. Invite our staff to speak to your Youth Commission.

How Can You Support Elections?
• Be an ambassador for registering new voters year-round. • Reinforce safety messages with your local police department. • Support California High School Voter Education Weeks the last two weeks of April and September.
• In 2024, please do what you can to amplify information about the importance of voting. The CA SOS, Dr. Shirley Weber plans to highlight the 60th anniversary of Fannie Lou Hamer’s 1964 speech “I’m so sick and tired of being sick and tired,” to help inspire Californians to vote.
• Check out our Website and follow us on Social Media:

ContraCostaVote.gov

We’re Easy to Reach!
Follow us on:

Instagram TikTok
QR Code to our Instagram
Social Media:

Twitter – @cocoelections
YouTube – Contra Costa Clerk Recorder
Facebook – Contra Costa County Elections
Instagram – @contra_costa_elections
Tik Tok – @cc.clerkrec.elect
QR Code to our TikTok

California's Youth Vote
State
2014 Youth Turnout
Rate
2018 Youth Turnout
Rate
2022 Youth Turnout
Rate
Change in Youth
Turnout, 2018-2022
California 10.3% 30.3% 22.1% -8.2
Youth Voter Turnout in Recent Midterm Elections: State by State CIRCLE estimates of youth voter turnout (ages 18-29) in the past three midterm elections. Turnout is the percentage of eligible voters (whether or not they were registered) who cast a ballot.

Five
Steps to
Safer
Elections
f r o m t h e
C o m m i t t e e f o r
S a f e a n d S e c u r e
E l e c t i o n s

Five
Steps to
Safer
Elections
f r o m t h e
C o m m i t t e e f o r
S a f e a n d S e c u r e
E l e c t i o n s

Contra Costa County
Kristin B. Connelly
C l e r k - R e c o r d e r - E l e c t i o n s
County Clerk-Recorder-Registrar
[email protected]
925.335.7899

• 33 Affordable Housing and 19 Market Rate Retirement Communities

• 6 Community Service Programs:
• Well Connected/Well Connected Español, Social Call,
Creative Spark, Ruth’s Table, Market Day, Home Match
• 4 Spheres of Work: Nutrition, Social Connections, Creative Engagement, Housing

3.a

What is Home Sharing?
Economic Support: Increased income for providers through rent and affordable rent for seekers
Social Support: Combat social isolation and support aging in place through companionship, task exchange and increased social connections

Why Home Sharing? Economic
Housing Affordability Crisis: The average cost of a apartment in the Bay Area hovers around $2k, making renting a bedroom the only affordable option for many low-income households.

We Can’t Build Enough Fast Enough!
The cost of new affordable housing units hovers around $1m and take years to build. Home sharing uses existing infrastructure to address our immediate housing needs in a nimble and cost-effective manner.

What Do Home Sharing Programs Do?
• Foster Sustainable Home Sharing Relationships: Personalized matching based on lifestyle preferences, social compatibility, and communication style • Make the Process Easy and Comfortable:
• Ensuring rooms are habitable
• Listing rooms and fielding inquiries
• Vetting participants
• Facilitating development of lease agreements
• Ongoing match support
• Create Housing Stock: Providing support to older adults, families, and other vulnerable populations who have fears associated with having a stranger live in their home makes home sharing a viable option

Application, Home Visit/Intake, Vetting
Lifestyle Preferences & Communication Style
Phone Call, In-Person Meetings
Living Together Agreement, Two Parts:

Shared Use of Space, Lease Agreement
Support Throughout the Match
Home Visit/Intake
Compatible Matching
Introducing
Candidates
Match Agreement
Ongoing Support
Home Match Process

1 Day—1 Week, Based on Participant and Staff Availability 1 Week—? Months, Based on Available Rooms and
Participant Needs
1 Week—? Months Based on Available Rooms and
Participant Needs
1 Day—1 Week Based on Participant and Staff Availability Support Throughout the Match
Home Visit/Intake
Compatible Matching
Introducing
Candidates
Match Agreement
Ongoing Support
Timeline

Home Providers:
• Healthy communication
• Task exchange, not medical care
• Adaptability
Home Seekers:
• Healthy communication
• Affordability
• Supportive/Stable housemate
Profile of Successful Participants

Contra Costa County
[email protected]
(925) 956-7385
Marin County
[email protected]
(415) 456-9068
Alameda County
[email protected]
(510) 350-4367
SF County
[email protected]
(415) 351-1000
Contact Us

[1] https://www.jchs.harvard.edu/blog/housing-americas- older-adults-four-problems-we-must-address
[2] https://www.jchs.harvard.edu/blog/the-number-of-people- living-alone-in-their-80s-and-90s-is-set-to-soar
[3] https://www.cdc.gov/aging/publications/features/lonely- older-adults.html
References

REGULAR MEETING OF THE

CONCORD CITY COUNCIL

CITY COUNCIL CHAMBER
1950 PARKSIDE DRIVE

CONCORD, CALIFORNIA AND VARIOUS

TELEPHONIC/ELECTRONIC LOCATIONS
TUESDAY, JANUARY 9, 2024
The Concord City Council met in a regular meeting in the Council Chamber, located at 1950 Parkside Drive and via various telephonic/electronic locations at 6:30 p.m. on Tuesday, January 9, 2024, with Mayor Birsan presiding. The pledge of allegiance was led by Councilmember Hoffmeister. Minutes follow in abbreviated form per Resolution 3361 and Council Minutes of September 26, 1966.

ROLL CALL
COUNCILMEMBERS PRESENT: Dominic Aliano, Laura Hoffmeister, Laura Nakamura, Carlyn Obringer, Edi Birsan
STAFF PRESENT: Valerie Barone, City Manager; Susanne Brown, City Attorney; Justin Ezell, Assistant City Manager; Joelle Fockler, City Clerk; Monique Robinson, Administrative Secretary; Greg Taylor, Director of Information Technology; James Nakayama, Police Captain; Kevin Marstall, Director of Community Development; Karan Reid, Director of Finance; Suzanne McDonald, Financial Operations Manager; Craig Blythe, Administrative Services Manager; Sophia Huckabay, Housing Manager; Kelly Rush,
Housing Program Analyst; Carlton Thompson, City Engineer; Tianjun Cao, Associate Civil Engineer

MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Vivian Boyd, Concord Historical Society; Wallace Freddie, Concord; Patricia Granados, Concord; Randy Hopkins, Concord; Trent Sanson, Yellow Roof Foundation; Dave Sanson, Yellow Roof Foundation; Michael Sponslor, Assemblymember
Grayson’s Office; Randall Hopkins, Concord

PUBLIC COMMENT PERIOD
Vivian Boyd, Concord Historical Society, presented a historical moment, paying tribute to the first Mayor of the City of Concord, Joseph Author Boyd.

Wallace Freddie, Concord, spoke of the City Council pay increase.

Patricia Granados, Concord, requested that Timothy Charles Lee’s case be reopened.

Randy Hopkins, Concord, spoke of his concern regarding changes in Concord.

PRESENTATION
PROCLAMATION – Concord Art Association
Mayor Birsan presented Catherine Hensiek, Concord Art Association, a proclamation honoring the Concord Art Association’s 60-year commitment to the betterment of the City of Concord.

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

4.a4.a

City Council Minutes January 9, 2024
2 CITY COUNCIL CONSENT CALENDAR
Mayor Birsan opened a public comment period, and upon receiving no public comment, closed the public comment period.

APPROVAL OF MINUTES – December 5 and 12, 2023
A motion was made by Hoffmeister and seconded by Obringer to approve the minutes from the December 5, 2023, special meeting, and December 5 and 12, 2023, regular meetings. The motion passed by unanimous vote of the Council.

AMENDMENT OF PROFESSIONAL SERVICES AGREEMENT – California Wood Recycling, Inc., DBA Argomin
A motion was made by Hoffmeister and seconded by Obringer to approve an amendment to the City’s existing Professional Services Agreement with California Wood Recycling, Inc., DBA Argomin, by extending the term to December 31, 2025, and increasing the payment thereunder by $227,634 for a total not-to-exceed amount of $269,022 in order to procure composting services in compliance with SB 1383, and allow for a contingency of $30,978 that allows staff to procure compost for unidentified City projects; and authorize the City Manager to execute such an amendment in a form acceptable to the City Attorney.

The motion passed by unanimous vote of the Council.

ADOPTION OF RESOLUTION NO. 24-1 – Policy and Procedure No. 2, City Council Meeting Procedures This item was pulled from consideration on the Consent Calendar by Councilmember Hoffmeister, who was concerned with the 6 p.m. meeting start.

It was the consensus of the Council to begin Council meetings at 6:30 p.m. until they direct staff to change the start time.

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

A motion was made by Aliano and seconded by Hoffmeister to adopt Resolution No. 24-1 entitled, “A Resolution amending Policy & Procedure No. 2 (City Council Meeting Procedures) to update the City Council meeting start time to around 6:00 p.m., clarify the process to pull items off the consent calendar, authorize the Mayor to determine City Council dais seating arrangements, and to make other non-substantive changes to reflect current practice and procedure.” The motion passed by unanimous vote of the Council.

ACCEPTANCE OF THE ANNUAL COMPREHENSIVE FINANCIAL REPORT – Fiscal Year Ending June 30, 2023
A motion was made by Hoffmeister and seconded by Obringer to accept the Annual Comprehensive Financial Report with the Independent Auditors’ Report and Required Communications Letter for the fiscal year ending June 30, 2023. The motion passed by unanimous vote of the Council.

ADOPTION OF RESOLUTION NO. 24-3 – Approving the request to Metropolitan Transportation Commission for Transportation Development Act Article 3 Pedestrian and Bicycle Project Funding for Fiscal Year 2024-2025.

A motion was made by Hoffmeister and seconded by Obringer to adopt Resolution No. 24-3 entitled, “A Resolution Approving the Request to the Metropolitan Transportation Commission by the City of Concord for an Allocation of $296,000 of Transportation Development Act Article 3 Pedestrian and Bicycle Project Funding for Fiscal Year 2024-25.” The motion passed by unanimous vote of the Council.

City Council Minutes January 9, 2024
3 ADOPTION OF RESOLUTION NO. 24-4 – Authorizing for the next five years (until January 8, 2029) CalRecycle Grant Programs
A motion was made by Hoffmeister and seconded by Obringer to adopt Resolution No. 24-4 entitled, “A Resolution of the City of Concord authorizing for five years (until January 8, 2029) submittal of individual grant applications for all grant programs for which City of Concord is eligible and authorizing the City Manager to accept and appropriate such funds when received.” The motion passed by unanimous vote of the Council.

ACCEPTANCE OF IMPROVEMENTS AND APPROVAL OF AN AMENDMENT – Monument Boulevard Class 1 Path (City Project No. 2455 and Federal Project No. CML-5135(059) A motion was made by Hoffmeister and seconded by Obringer to approve the following:

1. Accept improvements for the Monument Boulevard Class 1 Path (City Project No. 2455 and Federal Project No. CML-5135(059) located along Monument Boulevard between Systron Drive and Cowell Road; and direct the City Clerk to file a Notice of Completion.

2. Approve an amendment to a Professional Services Agreement in the amount of $60,000 (for a new not-to-exceed amount of $348,489.40) with Park Engineering; 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.

AWARD OF A CONSTRUCTION CONTRACT AND APPROVAL OF RELATED BUDGET TRANSFERS – Citywide Accessibility Improvements No. 10 (Project No. 2603) A motion was made by Hoffmeister and seconded by Obringer to approve the following:

1. Award of a Construction Contract in the amount of $378,091 to FBD Vanguard Construction, Inc. for the Citywide Accessibility Improvements No. 10 (Project No. 2603) and authorize staff to utilize the available project contingency for contract change orders up to 10% of the contract amount; authorize the Mayor to execute the contract in a form acceptable to the City Attorney; and make the NEPA and CEQA determinations as provided in the staff report;

2. Approve related budget transfers in the total amount of $160,000 from Citywide Pothole & Base Repair (Project No. 2453), Citywide Arterial & Collector (Project No. 2458), and Citywide Traffic System Upgrade Project (Project No. 2493); and

3. Authorize the City Engineer to accept the improvements upon completion of Project No. 2603; and direct the City Clerk to file a Notice of Completion.

The motion passed by unanimous vote of the Council.

ADOPTION OF RESOLUTION NO. 24-2 – SB 104 Funding for the Yellow Roof Foundation This item was pulled from consideration on the Consent Calendar by Vice Mayor Obringer, who requested more information on the item.

Mayor Birsan opened a public comment period.

The following people spoke in support of the Resolution:

Trent Sanson, Yellow Roof Foundation
Dave Sanson, Yellow Roof Foundation
Michael Sponslor, Assemblymember Grayson’s Office

City Council Minutes January 9, 2024
4 Mayor Birsan closed the public comment period.

A motion was made by Aliano and seconded by Nakamura to adopt Resolution No. 24-2 entitled, “A Resolution Accepting and Appropriating SB 104 funding from the State of California in the amount of $1,000,000 for the Yellow Roof Foundation (Fund 830 Custodial Fund).” The motion passed by unanimous vote of the Council.

CITY COUNCIL CONSIDERATION ITEM

APPROVAL OF ARTWORK FOR SIX UTILITY BOXES AND THE REPLACEMENT OF ARTWORK FOR THREE UTILITY BOXES – Utility Box Artwork Program
Assistant City Manager Justin Ezell presented the staff report and provided an overview of the recommendations made by the Recreation, Cultural Affairs, and Community Services (RCACS) Council Committee. Assistant City Manager Ezell then turned the presentation over to Catherine Hensiek, Concord, Art Association, who explained the selection process for the submitted designs, provided an overview of the Utility Box locations for Phase IIIB, discussed next steps following Council approval, and provided a project timeline. Ms. Hensiek then provided an overview of replacement art for traffic control boxes including the concept, locations and images, costs and funding for the replacement art project, a timeline for the project, and additional information related to the Concord Art Association’s involvement in the project. She turned the presentation back to Assistant City Manager Ezell, who explained that Council was being requested to take the following actions, as recommended by the RCACS Committee:
(1) approve the artwork for the six Phase III.b locations; (2) authorize replacement of artwork at the three locations near Todos Santos Plaza; (3) appropriate and authorize $3,000 of Art in Public Places funds for the replacement artwork near Todos Santos Plaza; and (4) authorize the City Manager to execute the artist agreements in a form approved by the City Attorney.

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

Randall Hopkins, Concord, spoke in opposition to the City supporting the project.

Mayor Birsan closed the public comment period.

Following discussion by the Council, a motion was made by Nakamura and seconded by Aliano to approve the artwork for six utility boxes as Phase III.b of the Utility Box Artwork Program located on Clayton Road and Concord Boulevard, between Kirker Pass Road and the downtown area, and the replacement of artwork for three utility boxes on Willow Pass Road near Todos Santos Plaza, without prior Council approval of the art; appropriate and authorize the City Manager to provide $3,000 in restricted City Arts in Public Paces Funds ($1,520 from Fund 285 and $1,480 from Fund 286) to the Concord Art Association for the art replacement on the three utility boxes; and authorize the City Manager to execute the artist agreements in a form approved by the City Attorney. The motion passed by unanimous vote of the Council.

CITY COUNCIL PUBLIC HEARING
INTRODUCTION OF AN ORDINANCE – Residential Rent Stabilization and Just Cause for Eviction – Continued from December 12, 2023
Housing Manager Sophia Huckabay provided an update based upon the continuance of the item from the December 12, 2023, meeting. Housing Manager Huckabay then provided a brief overview of the previously presented staff report, and explained that Council was being requested to (1) provide direction on Permanent Relocation Assistance policy options identified in the draft Residential Tenant Protection Program Ordinance, and (2) introduce an Ordinance amending the Concord Municipal Code by amending Concord Municipal Code Chapter 19.40 “Residential Tenant Protection Program” to increase “just cause” eviction protections, expand the City’s rent registry, and establish a rent stabilization program, by reading of the title only and waiving further reading.

City Council Minutes January 9, 2024
5 Following questions and discussion, the City Council provided the following feedback to staff on the draft ordinance:
 Accessory Dwelling Unit (ADU) definition to include language that demonstrates that only permitted ADUS are exempted from both rent stabilization and just cause for eviction provisions.  The Permanent Relocation Assistance Amount is defined as three months of HUD Fair Market Rent plus a $3,000 moving stipend, with one month of increased assistance at Fair Market Rent for protected tenants that includes tenants who are lower income, disabled, senior, terminally ill, and households with school age children.
 Any violation of the ordinance is a defense to an unlawful detainer.  If the tenant household being displaced during an owner move in contains a member that is disabled, senior, or terminally ill, the owner or owner’s family member must also be either disabled, senior, or terminally ill.
 Provide greater specificity in the ordinance regarding the regulations and procedures that govern the Fair Return on Investment provisions including language similar to that in the City’s current Mobile Home Rent Stabilization Ordinance (Concord Municipal Code Chapter 15.105).  Clarify that the Ellis Act is intended to be fully implemented.  Exempt affordable properties that have annual rent increase caps that are documented in agreements with, and enforceable by, the City or other government agencies.  Remove the rent stabilization retroactivity clause and replace with a rent rollback clause that resets rents to January 12, 2023, levels with any allowable lawful rent increases.

After Council provided direction to staff, a motion was made by Hoffmeister and seconded by Obringer to continue the public hearing where a public comment period will be held for comments on the revised proposed ordinance to Tuesday, January 30, 2024, at 6:30 p.m. in the City Council Chamber, 1950 Parkside Drive, Concord, CA. The motion passed by unanimous vote of the Council.

A motion was made by Hoffmeister and seconded by Obringer to continue the meeting after 11 p.m. The motion passed by unanimous vote of the Council.

CORRESPONDENCE
a. Agenda Item No. 2.a – Written Public Comment
b. Agenda Item No. 4.i – SB 104 Funding – Yellow Roof Foundation – Benched Staff Report c. Agenda Item No. 5.a – Utility Box Artwork Program – PowerPoint Presentation d. Agenda Item No. 5.a – Utility Box Artwork Project – PowerPoint Presentation e. Agenda Item No. 6.a – Rent Stabilization and Just Cause for Eviction – Benched Attachment 2 f. Agenda Item No. 6.a – Rent Stabilization and Just Cause for Eviction – Benched Correspondence
g. Agenda Item No. 6.a – Rent Stabilization and Just Cause for Eviction – 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.

The Mayor requested that the formation of a Council Ad Hoc Committee to advise the City Manager on federal and state grant efforts for the remainder of calendar year 2024 be placed on a future agenda.

City Council Minutes January 9, 2024
6 ADJOURNMENT
By order of the Mayor, the meeting was adjourned on January 9, 2024, at 10:53 p.m.

EDI E. BIRSAN
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, JANUARY 23, 2024
The Concord City Council met in a regular meeting in the Council Chamber, located at 1950 Parkside Drive and via various telephonic/electronic locations at 6:30 p.m. on Tuesday, January 23, 2024, with Mayor Birsan presiding. The pledge of allegiance was led by Councilmember Nakamura. Minutes follow in abbreviated form per Resolution 3361 and Council Minutes of September 26, 1966.

ROLL CALL
COUNCILMEMBERS PRESENT: Dominic Aliano, Laura Hoffmeister, Laura Nakamura, Carlyn Obringer, Edi Birsan
STAFF PRESENT: Valerie Barone, City Manager; Susanne Brown, City Attorney; Justin Ezell, Assistant City Manager; Joelle Fockler, City Clerk; Stefanie Ananthan, Deputy City Clerk; Greg Taylor, Director of Information Technology; James Nakayama, Police Captain; Kevin Marstall, Director of Community Development; Carlton Thompson, City Engineer; Leng Power, Community Services Manager; Mindy Gentry, Planning Manager; Sophia Huckabay, Housing Manager; Frank Abejo, Principal Planner; Aaron Sage, Principal Planner; Michael Hart, Associate Planner; Scott Watkins, Associate Planner; Benjamin Ulrey, Assistant Planner

MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Randolph Hopkins, Concord; Randy Hopkins, Concord; Nikita Rodgers; Ady Olvera, Concord

PUBLIC COMMENT PERIOD
Randolph Hopkins, Concord, spoke about the proposed rent stabilization ordinance, relocation fees and hardships faced by property owners, including expenses incurred by property owners to maintain rental properties.

Randy Hopkins, Concord, inquired if Concord is a sanctuary City and spoke of his concerns regarding changes in Concord.

Nikita Rodgers spoke about drones used by the Police Department, concern that Council meetings are not being televised, and that her previously expressed concerns have not been addressed.

Ady Olvera, Concord, spoke in support of Zoom public comment during City Council meetings.

PRESENTATIONS
CONTRA COSTA PUBLIC HEALTH – California Green Business Certification Mayor Birsan introduced Susan Psara, Green Business Coordinator, Contra Costa Public Health, who presented the City of Concord with certification as a California Green Business.

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

City Council Minutes January 23, 2024
2 SOLSMART CERTIFICATION
Mayor Birsan introduced Benjamin Ulrey, Assistant Planner, who presented the City Council with a plaque honoring the City of Concord’s certification with SolSmart.

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

ANNOUNCEMENT
RECRUITMENT FOR ONE (1) OPENING FOR THE CITY OF CONCORD’S REPRESENTATIVE ON

THE CENTRAL CONTRA COSTA TRANSIT AUTHORITY ADVISORY COMMITTEE (COUNTY

CONNECTION)
City Clerk Joelle Fockler announced one (1) opening for the City of Concord’s Representative on the Central Contra Costa Transit Authority Advisory Committee (County Connection), and setting a deadline of Friday, February 23, 2024, at 5 p.m. as the deadline for receipt of applications by the City Clerk.

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

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

APPROVAL OF PURCHASE – 60 Verkada cameras, 10-year maintenance license, digital video storage, and associated Video Management Software Services
A motion was made by Hoffmeister and seconded by Obringer to approve the purchase of 60 Verkada cameras, 10-year maintenance licenses, digital video storage, and associated Video Management Software Services from Assure MSP Inc. in an amount not to exceed $428,061.31, including a 15% contingency, to serve as security cameras at various civic buildings and parking lots, in accordance with City Council approved ARPA authorizations and CIP #2638. The motion passed by unanimous vote of the Council.

ADOPTION OF RESOLUTION NO. 24-7 – Authorizing Submittal of an Application for State Encampment Resolution Funding
This item was pulled from consideration on the Consent Calendar by Councilmember Nakamura, who explained that the Homeless Strategic Plan Working Group reviewed the State Encampment Resolution Funding grant at a recent Working Group meeting and is in support of the funding.

Following questions by the City Council, Mayor Birsan opened a public comment period.

Ady Olvera, Concord, expressed concern over expending $2.4 million as the City’s match for this grant, which would come from the set-aside funds to support Concord’s unsheltered population, but acknowledged receipt of the grant funding would still be adding additional funding for this effort, and stated the six month timeframe for the interim housing program wasn’t enough time to assist the unsheltered with their various needs.

Randolph Hopkins, Concord, inquired if there are measues in place to ensure the unsheltered receiving assistance through this funding are Concord residents.

City Council Minutes January 23, 2024
3 Mayor Birsan closed the public comment period.

A motion was made by Nakamura and seconded by Hoffmeister to adopt Resolution No. 24-7 entitled, “A Resolution authorizing submittal of an application for the Encampment Resolution Funding Program to create a mobile services center, and interim homeless housing within a motel(s) with wrap around services provided by a third-party contracted administrator.” The motion passed by unanimous vote of the Council.

ADOPTION OF RESOLUTION NO. 24-5 – Approving One-Year Extension of an Administrative Permit, Minor Exception, and Design and Site Review for Authentic Concord LLC (dba “Stiiizy”)

A motion was made by Hoffmeister and seconded by Obringer to adopt Resolution No. 24-5 entitled, “A Resolution Approving a One-Year Extension of an Administrative Permit, Minor Exception, and Design and Site Review for a Cannabis Storefront and Delivery Retail Business at 1045 Galaxy Way, APN: 126-325-004 (PL23141 – AP, ME, DR). Authentic Concord, LLC (dba “Stiiizy”).” The motion passed by unanimous vote of the Council.

APPOINTMENT OF APPLICANTS TO MEASURE V OVERSIGHT COMMITTEE – Janielyn Bayona, Gregory Grassi, and Michelle Lane
A motion was made by Hoffmeister and seconded by Obringer to appoint applicants Janielyn Bayona, Gregory Grassi, and Michelle Lane to the Concord Measure V Oversight Committee for four-year terms ending December 31, 2027, as recommended by the Council Committee on Policy Development and Internal Operations (Birsan/Obringer). The motion passed by unanimous vote of the Council.

ADOPTION OF RESOLUTION 24-6 – Development Impact Fee Report for Fiscal Year 2022-2023 A motion was made by Hoffmeister and seconded by Obringer to adopt Resolution No. 24-6 entitled, “A Resolution Accepting the Development Impact Fee Report for Fiscal Year 2022-2023 and Making Findings in Compliance with AB 1600 (Government Code Section 66000 et seq.).” The motion passed by unanimous vote of the Council.

CITY COUNCIL CONSIDERATION ITEM

AUTHORIZATION OF A TASK ORDER AND APPROVAL OF AN AMENDMENT TO THE MASTER SERVICES AGREEMENT (MSA) – Raimi + Associates, Inc.

Principal Planner Aaron Sage presented the staff report and provided background information related to the City’s Housing Element. Principal Planner Sage explained the Tax Credit Allocation Committee (TCAC) map, provided background related to rezoning sites, discussed the current on-call consultant and associated Master Services Agreement, scope of work, project schedule and community engagement process, including community engagement events, and other engagement tools. Mr. Sage then explained that Council was being requested to take the following actions: (1) authorize a task order for $599,951 for Raimi + Associates, Inc. (Raimi) to prepare General Plan and Zoning Amendments and an environmental impact report, conduct community engagement, and provide other services to implement Program 8.6 of the 2023-2031 Housing Element, (2) amend the Master Services Agreement (MSA) with Raimi to increase the total not-to-exceed amount for the MSA from $500,000 to $1,100,000; and (3) authorize the City Manager to execute the above subject to City Attorney approval.

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

City Council Minutes January 23, 2024
4 Following discussion by the Council, a motion was made by Aliano and seconded by Nakamura to approve the following:

1. Authorize staff to prepare a Task Order in the amount of $599,951 for Raimi + Associates, Inc. (Raimi) to prepare General Plan and Zoning Amendments and an environmental impact report, conduct community engagement, and provide other services to implement Program 8.6 of the 2023-2031 Housing Element;

2. Approve an Amendment to the Master Services Agreement (MSA) with Raimi to increase the total not-to-exceed amount for the MSA from $500,000 to $1,100,000; and

3. Authorize the City Manager or designee to execute such documents subject to City Attorney approval.

The motion passed by unanimous vote of the Council.

CITY COUNCIL PUBLIC HEARING
INTRODUCTION OF ORDINANCE NO. 24-1 – Updates to State Density Bonus Law and Expand the City’s Inclusionary Housing Requirements
ADOPTION OF RESOLUTION NO. 24-6042.1 – Amending the Inclusionary Housing Fee INTRODUCTION OF ORDINANCE NO. 24-2 – Adding Affordable Housing Overlay District and Lot Consolidation Incentive Program
ADOPTION OF RESOLUTION NO. 24-6042.2 – Adding a By-Right Approval Fee Planning Manager Mindy Gentry presented the staff report and provided a brief presentation overview. Planning Manager Gentry then turned the presentation over to Ashleigh Kanat, Principal with Economic & Planning Systems (EPS), who provided an overview of the Affordable Housing Ordinance (AHO) including a history of the AHO and a timeframe for the Ordinance update, a background of and recommendations for the Density Bonus Program including feedback and policy direction provided by both the Housing and Economic Development (HED) Committee and Planning Commission, and a background of and recommendations for the Inclusionary Housing Program including objectives and typical parameters, development feasibility, policy direction provided by both the HED Committee and Planning Commission, and a gap analysis for affordable units. Ms. Kanat further explained analysis and options for both the Ownership Inclusionary Program including testing feasibility scenarios and considerations for a recommended ownership inclusionary program, and the Rental Inclusionary Program including context, testing feasibility scenarios, and considerations for a recommended rental inclusionary program. Ms. Kanat concluded with implementation and next steps, discussing the implementation process, interaction with state density bonus, recommended changes to the AHO, and explained that Council was being requested to take the following recommended actions: (1) introduce an ordinance amending the Concord Development Code by reading of the title only and waiving further reading, and (2) adopt a resolution amending the Inclusionary Housing In-Lieu fees.

Following questions by the City Council, Mayor Birsan recessed the meeting at 8:57 p.m. The meeting resumed at 9:05 p.m.

Assistant Planner Scott Watkins continued the presentation discussing by-right development and lot consolidation incentive programs, where he provided background, explained two (2) Housing Element programs, and provided an overview with a site inventory map. Assistant Planner Watkins then discussed and provided analysis of Housing Element Program 6.1 By-Right Development, and explained the program, discussed eligibility criteria, highlighted the eligible parcels, and provided an overview of the ordinance requirements. Mr. Watkins then discussed and provided analysis of Housing Element Program

13.2 Lot Consolidation Incentive Program, and explained the program, sites identified for lot consolidation, including eligible parcels, discussed the ordinance requirements and incentives, and

City Council Minutes January 23, 2024
5 explained that Council was being requested to take the following recommended actions: (1) introduce an ordinance amending the Concord Municipal Code by reading of the title only and waiving further reading, and (2) adopt a resolution adding a By-Right Review fee to the Master Fee Schedule.

Following questions from the Council, Mayor Birsan 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 Aliano and seconded by Obringer to introduce Ordinance No. 24-1 entitled, “An Ordinance Amending Section 18.20.030 and Chapter 18.185 of the Concord Municipal Code to address updates to State Density Bonus Law and expand the City’s Inclusionary Housing Requirements,” by reading of the title only and waiving further reading, with the following text changes to Exhibit B of the Ordinance:
 Changes to Section 18.185.040 ‘Inclusionary Housing Requirements,’ Subject D ‘Alternative Means of Compliance,’ to reflect the following:
o Section 1 ‘In-Lieu Fees,’ Subject A ‘Amount’ – modify text from “A fee may be paid in lieu of providing inclusionary units for a residential project. The fee shall be set by resolution…” to “For residential rental projects, a fee may be paid in lieu of providing inclusionary units onsite. For residential ownership projects, payment of the in-lieu fee is only allowed for fractional units and for projects comprised of five to nine units.

The fee shall be set by resolution…”
o Section 2 ‘Rental Alternative’ – delete entirety of text The motion passed by unanimous vote of the Council.

A motion was made by Obringer and seconded by Nakamura to adopt Resolution No. 24-6042.1 entitled, “A Resolution Amending the Inclusionary Housing Fee by Amending Exhibit A to Resolution No. 78-6042 Establishing Fees and Charges for Various Municipal Services in the City of Concord.” The motion passed by unanimous vote of the Council.

A motion was made by Hoffmeister and seconded by Aliano to introduce Ordinance No. 24-2 entitled, “An Ordinance Amending Concord Municipal Code, Title 18 (Development Code), Section 18.20 (General Terms) and Adding Chapter 18.115 (Affordable Housing Overlay District) and Section

18.200.230 (Lot Consolidation Incentive Program),” by reading of the title only and waiving further reading. The motion passed by unanimous vote of the Council.

A motion was made by Hoffmeister and seconded by Obringer to adopt Resolution No. 24-6042.2 entitled, “A Resolution Adding a By-Right Approval Fee by Amending Exhibit A to Resolution No. 78-6042 Establishing Fees and Charges for Various Municipal Services in the City of Concord.” The motion passed by unanimous vote of the Council.

CORRESPONDENCE
a. Agenda Item No. 3.a – California Green Business Presentation – PowerPoint Presentation b. Agenda Item No. 5.b – State Encampment Resolution Funding – Benched Attachment 2 c. Agenda Item No. 5.c – Authentic Concord, LLC (dba “Stiiizy”) – Benched Correspondence d. Agenda Item No. 6.a – Raimi + Associates, Inc. Task Order and MSA Amendment – PowerPoint Presentation
e. Agenda Item No. 7.a – Affordable Housing Ordinance and By-Right Approval – Benched Correspondence
f. Agenda Item No. 7.a – Affordable Housing Ordinance and By-Right Approval – PowerPoint Presentation

City Council Minutes January 23, 2024
6 COUNCIL REPORTS
Mayor Birsan appointed Vice Mayor Obringer and Councilmember Aliano to serve on a Council Ad Hoc Committee to advise the City Manager regarding Federal and State grant efforts for the remainder of calendar year 2024.

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

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 January 23, 2024, at 10:20 p.m.

EDI E. BIRSAN
MAYOR

JOELLE FOCKLER, MMC

CITY CLERK

Staff Report
Date: February 6, 2024
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: William Tarbox, Director of Public Works
Prepared by: Kit P. Jory Sr., Parks Division Manager
[email protected]
(925) 671-3385
Subject: Considering approval of a Maintenance Services Agreement with J.T.S. Tree Expert, Inc. for up to four (4) years in the not- to-exceed amount of $300,000 per year (up to $1,200,000 total over four (4) years) to provide on-call tree maintenance services (Project No. 2384); and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney.

CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(3), 15273, 15301, and/or 15304.

Report in Brief
The proposed Maintenance Services Agreement will authorize J.T.S. Tree Expert, Inc. to provide on-call professional tree maintenance services for on-demand tree trimming, removals, planting, emergency response, and other arborist services. The City currently has a single contractor providing these services and all of the City’s needs cannot be met in a timely manner. This contract will improve the ability to provide tree maintenance services in a more timely and cost efficient manner.

Recommended Action
Approve a Maintenance Services Agreement with J.T.S. Tree Expert, Inc. in the not-to- exceed amount of $300,000 per year, up to a total of $1,200,000 over four (4) years, to provide on-call tree maintenance services (Project No. 2384); authorize the City Manager to execute the agreement in a form acceptable to the City Attorney, and make the CEQA determinations as provided in this staff report.

4.b4.b4.b

City Council Agenda Report
Agenda Item No. 4.b
February 6, 2024
Background
During the winter storms of 2022 to 2023, the City responded to over 271 emergency call outs related to trees. At that time and to today, the City had only one on-call tree contractor to assist City staff with the City’s tree removal, tree trimming, emergency tree call-outs, and tree replanting needs. In order to expand the number of tree contractors available to the City, staff issued a request for proposals on October 24, 2023, and 13 contractors responded. After reviewing proposals and interviewing the top 3 firms, staff and has selected J.T.S Tree Experts for Council consideration of this contract.

Analysis
Public Works is improving the condition of the urban forest, providing preventive tree maintenance, reducing tree-related issues that negatively impact the public, and improving response time and efficiency when tree hazards affect the rights-of-way.

The City is currently completing a citywide tree inventory, tree maintenance plan, and deploying tree management software. While the tree inventory is approximately 50% complete, it is already evident that there are a significant number of City-owned trees that need to be removed or trimmed. These trees are either in public spaces or along roadways and propose a public safety concern. Adding this tree contractor will result in more responsive and cost-efficient services being provided to the public. Adding this tree contractor will also allow for staff to address dead, dying, or declining trees that are a consequence of deferred maintenance. Addressing these removals prior to becoming emergencies is approximately 3 times more cost efficient based on current industry studies published by the International Society of Arboriculture (ISA).

Procurement Process
Staff issued a Request for Quotes (RFQ) to select a contractor to provide on- call tree related maintenance services on October 24, 2023. The RFQ was advertised on the City’s procurement website and was sent to several well-known contractors in this field.

Thirteen (13) quotes were received, which were ranked by Public Works staff based on a set criteria. The four bidders found to be the best fit and most competitive were invited to the second round of the process which included submitting sample work, sample reports, and conducting an interview with City staff.

Prior to interviews, one of the four selected bidders withdrew from consideration. Staff interviewed the remaining three bidders, and selected JTS Tree Experts, Inc. as the top candidate for the contract.

Please note that while Exhibit A: Statement of Work that was issued in the RFQ notes potential contract extension options of up to, two (2) one-year and six (6) one-year periods, staff’s recommendation is to execute the attached contract with the option to extend for up to three (3) one-year periods—creating a potential four year contract.

City Council Agenda Report
Agenda Item No. 4.b
February 6, 2024
Financial Impact
Adequate funds exist within Project No. 2384 which is budgeted and allocated for medians landscaping which includes median trees. Reducing potential tree hazards, addressing tree failures caused by deferred maintenance, and replanting lost trees would be qualifying expenses under this project and are vital to public safety and quality of life. Public Works staff will manage the project administration functions with no additional costs to either the project budget or department operating budget.

Environmental Determination
Pursuant to CEQA Guidelines Sections 15060(c), 15061(b)(3), 15273, 15378, and Public Resources Code Section 21065, award of this contract is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, as it will not result in a direct or reasonably foreseeable indirect physical change in the environment. In the alternative, award of this contract is exempt under CEQA Guidelines Sections 15301 – Existing Facilities, and 15304 – Minor Alterations to Land, as it involves landscaping maintenance. 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. Individual projects will undergo CEQA analysis as necessary. CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(3), 15273, 15301, and/or 15304.

Public Contact
The City Council Agenda was posted.

Attachment

1. Maintenance Services Agreement with J.T.S. Tree Expert, Inc., with Exhibit A – Scope of Work and Rates

MAINTENANCE SERVICES AGREEMENT
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THIS AGREEMENT (“Agreement”) is entered into on February 6, 2024 between the City of Concord, a California municipal corporation (“CITY”) and J.T.S Tree Expert, a Incorporated business., 2043 East Street, Concord, California 94520 (“CONTRACTOR”).

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

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

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

1. TERM. This Agreement shall commence on
February 6, 2024 and expire on February
5, 2025.

A. Extension of Term. Upon mutual written agreement by the parties, the term of this Agreement may be extended for 3 additional period(s) of 1 year(s) each commencing upon the expiration of the then current term, subject to the same terms and conditions of this Agreement. Either CITY or CONTRACTOR shall give written notice of its request for extension to the other party’s authorized representative, as identified in Section 4 below, at least thirty (30) days prior to expiration of the then- current term. The extension(s) shall be subject to CITY’s approval, including based on review of CONTRACTOR’s performance under this Agreement. Any extension must be pursuant to a duly executed Amendment to this Agreement.

2. SCOPE OF SERVICES. Subject to such policy direction and approvals provided by the CITY’s authorized representative, CONTRACTOR shall perform the services described in detail in Exhibit A, “Scope of Services.” CITY retains all rights of approval and discretion with respect to the projects and undertakings contemplated by this Agreement.

3. PAYMENT.

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A. Compensation. The compensation to be paid to CONTRACTOR including payment for services and reimbursable expenses, shall be at the rate and schedules described in detail in Exhibit A. However, in no event shall the amount CITY pays CONTRACTOR exceed Three Hundred Thousand dollars ($300,000). Any increase to this compensation amount must be mutually agreed to in writing pursuant to Section 5 below, and may require City Council approval.

CONTRACTOR may submit monthly statements for services rendered; all statements shall include adequate documentation demonstrating work performed during the billing period. It is intended that CITY review such statement and pay CONTRACTOR for services rendered within forty-five (45) days of receipt of a statement that meets all requirements of this Agreement. Payment by CITY shall not be deemed a waiver of unsatisfactory work, even if such defects were known to the CITY at the time of payment.

B. Prevailing Wages. The services to be provided hereunder are subject to prevailing wage rate payment as set forth in California Labor Code Section 1771. Accordingly, CONTRACTOR shall comply with all California Labor Code requirements pertaining to "public works," including the payment of prevailing wages in connection with the services to be provided hereunder (collectively, “Prevailing Wage Policies”). CONTRACTOR shall submit, upon request by the CITY, certified copies of payroll records to CITY and shall maintain and make such records available to CITY for inspection and copying during regular business hours at a location within the City of Concord.

CONTRACTOR shall defend, indemnify and hold harmless CITY and its officers, officials, agents, employees and volunteers (collectively, "Indemnitees") from and against any and all present and future liabilities, obligations, orders, claims, damages, fines, penalties and expenses (including attorneys' fees and costs) (collectively, "Claims"), arising out of or in any way connected with CONTRACTOR's obligation to comply with all laws with respect to the work of improvements or Prevailing Wage Policies, including all Claims that may be made by contractors, subcontractors or other third party claimants pursuant to Labor Code sections 1726 and 1781, as amended and added by Senate Bill 966.

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CONTRACTOR hereby waives, releases and discharges forever the Indemnitees from any and all present and future Claims arising out of or in any way connected with CONTRACTOR's obligation to comply with all laws with respect to the work of improvements and Prevailing Wage Policies.

CONTRACTOR is aware of and familiar with the provisions of California Civil Code Section 1542 which provides as follows:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” As such relates to this Section 3.B, CONTRACTOR hereby waives and relinquishes all rights and benefits which it may have under California Civil Code Section 1542. The obligations of CONTRACTOR under this Section 3.B shall survive the termination of this Agreement.

4. AUTHORIZED REPRESENTATIVES. Authorized representatives shall represent CITY and CONTRACTOR in all matters pertaining to the services to be ordered by CITY or rendered by CONTRACTOR under this Agreement except where approval for the CITY is specifically required by the CITY Council. The CITY’s authorized representative is Kit Jory, Parks Manager of the Public
Works Department. The CONTRACTOR’s authorized representative is Veronica Bejines, Owner.

5. AMENDMENT TO AGREEMENT. This Agreement may be amended or modified only by a writing duly executed by authorized representatives of both parties, and made and approved in compliance with the CITY’s Municipal Code.

A. Amendment to Scope of Services. If CITY requests services other than as described in the Scope of Services, the amendment shall set forth the changes to the Scope of Services, any change in the performance time schedule, and any change in the compensation described in Section 3, above.

B. Amendment for Additional Compensation. CITY’s Authorized Representative is authorized to execute amendments to the Agreement on behalf of CITY, including amendments providing for additional compensation to CONTRACTOR not to exceed the Minimum Threshold, including the base contract amount, throughout the term of this Agreement. “Minimum Threshold” means the dollar amount over which Council approval is required during each fiscal year

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as set forth in Concord City Council Resolution 21-43 pursuant to Concord Municipal Code Section

3.10.040(a). The Minimum Threshold for Fiscal Year 2021-22 is $75,000 and increases by $5,000 each subsequent fiscal year such that by Fiscal Year 2026-27 the Minimum Threshold is $100,000.

Any additional compensation to CONTRACTOR that is greater than the Minimum Threshold, including the base contract amount, must be approved by City Council.

C. Waiver. CONTRACTOR’s failure to secure CITY’s written authorization for additional compensation or changes to the Scope of Services shall constitute a waiver of any and all right to adjustment in the price or time due, whether by way of compensation, restitution, quantum meruit, or similar relief.

6. INDEPENDENT CONTRACTOR. Both parties understand and acknowledge that CONTRACTOR, its officers, agents, employees, consultants, subconsultants, experts, contractors and subcontractors are and shall at all times remain as to the CITY wholly independent contractors.

Neither the CITY nor any of its officers, officials, agents, employees or volunteers shall have any control over the manner by which CONTRACTOR performs this Agreement and shall only dictate the results of the performance. CONTRACTOR shall not represent that CONTRACTOR or its officers, agents, employees, consultants, subconsultants, experts, contractors or subcontractors are agents or employees of the CITY, and CONTRACTOR shall have no authority, express or implied, to act on behalf of the CITY in any capacity whatsoever as an agent, and shall have no authority, express or implied, to bind the CITY to any obligation whatsoever, unless otherwise provided in this Agreement.

As an independent contractor, CONTRACTOR shall not be eligible for any benefits, which the CITY may provide to its employees and all persons, if any, hired by CONTRACTOR shall be employees or subcontractors of CONTRACTOR and shall not be construed as employees or agents of the CITY in any respect. CONTRACTOR shall receive no premium or enhanced pay for work normally understood as overtime, e.g., hours that exceed forty (40) hours per work week, or work performed during non-standard business hours, such as in the evenings or on weekends.

CONTRACTOR shall not receive a premium or enhanced pay for work performed on a recognized holiday. CONTRACTOR shall not receive paid time off for days not worked, whether it be in the form of sick leave, administrative leave, or for any other form of absence. CONTRACTOR shall pay

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all taxes, assessments and premiums under the federal Social Security Act, any applicable unemployment insurance contributions, Workers Compensation insurance premiums, sales taxes, use taxes, personal property taxes, or other taxes or assessments now or hereafter in effect and payable by reason of or in connection with the services to be performed by CONTRACTOR.

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

8. PERFORMANCE BY CONTRACTOR. CONTRACTOR shall not delegate its duties to, or employ, others (including consultants, subconsultants, experts, contractors, or subcontractors) without the prior written approval of the CITY. Notwithstanding the foregoing, CITY shall not be obligated or liable for payment hereunder to any party other than CONTRACTOR.

CONTRACTOR hereby designates CONTRACTOR’S representative as the person primarily responsible for the day-to-day performance of CONTRACTOR'S work under this Agreement.

CONTRACTOR shall not change CONTRACTOR’S representative without the prior written consent of the CITY. Unless otherwise expressly agreed by the CITY, CONTRACTOR'S representative shall remain responsible for the quality and timeliness of performance of the services, notwithstanding any permitted or approved delegation hereunder.

9. OWNERSHIP AND MAINTENANCE OF DOCUMENTS. “Work Materials” means any and all finished and unfinished plans, specifications, maps, estimates, manuscripts, drawings, descriptions, reports, other written, recorded, photographic, visual materials, documents, data, deliverables, and other work products prepared or furnished by or for CONTRACTOR pursuant to this Agreement. CONTRACTOR shall deliver copies of all Work Materials to CITY upon project completion or other termination of this Agreement (see Section 16 below). The CITY reserves the right to specify the file format that electronic Work Materials are presented to the CITY. CITY shall not

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have access to, control of, or actual or constructive possession of, the Work Materials prior to project completion or Agreement expiration or termination.

Work Materials are instruments of CONTRACTOR’s services in respect to this project, and are not intended nor are represented to be suitable for reuse by others except CITY on extensions of this project or on any other project. Any reuse without specific written verification and adoption by CONTRACTOR for the specific purposes intended will be at user’s sole risk and without liability or legal exposure and expenses to CONTRACTOR, including attorney’s fees arising out of such unauthorized reuse. Notwithstanding the foregoing, basic survey notes and sketches, charts, computations, and other data prepared or obtained under this Agreement shall have no restriction or limitations on their use.

CONTRACTOR shall not disclose or discuss any Work Materials or other information gathered, discussed or generated in any way through this Agreement without the written permission of CITY, unless required by law.

10. INDEMNIFICATION.

A. For Construction Services Only. CONTRACTOR agrees to and shall defend (with independent counsel approved by the CITY), indemnify and hold harmless the CITY, its officers, officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damages, injuries, and liability (including all attorney’s fees and other litigation expenses) that may at any time arise or be set up because of damages to property, or of personal injury received by reason of or in the course of performing work, which may be occasioned by any willful or negligent act or omission of the CONTRACTOR, any of the CONTRACTOR’s employees, or any subcontractor.

B. For All Other Services. The following obligations are in addition to those imposed by applicable provisions of the Concord Municipal Code. CONTRACTOR agrees to and shall defend (with independent counsel approved by the CITY), indemnify and hold harmless the CITY, its officers, officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damages, injuries, and liability (including all attorney’s fees and other litigation expenses) arising out of or connected in any way with CONTRACTOR’s performance, non- performance, breach, or default, or any subconsultant’s, expert’s, contractor’s, or subcontractor’s

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performance, non-performance, breach, or default, under the terms of this Agreement. This indemnification obligation on CONTRACTOR’S part shall not apply to demands, actions, losses, damages, injuries, and liability arising out of sole negligence or willful misconduct on the part of CITY.

This Section 10 shall survive expiration or other termination of this Agreement.

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

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

13. SUSPENSION OF WORK. CITY may, at any time, by written notice, suspend further performance by CONTRACTOR, and CONTRACTOR shall immediately cease performance.

All suspensions shall extend the time schedule for performance in a mutually satisfactory manner, and CONTRACTOR shall be paid for services performed and reimbursable expenses incurred prior to the suspension date. During the period of suspension, CONTRACTOR shall not receive any payment for services, or expenses.

14. TERMINATION. CITY may terminate this Agreement for any reason upon ten (10) days written notice to the other party. CITY may terminate this Agreement upon five (5) days written notice if CONTRACTOR breaches this Agreement. In the event of any termination, CONTRACTOR shall promptly deliver to the CITY any and all Work Materials prepared for the CITY prior to the effective date of such termination, all of which shall become CITY’s sole property. After receipt of the Work Materials, CITY will pay CONTRACTOR for the services which the CITY determines were satisfactorily performed as of the effective date of the termination.

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

A. Equal Employment Opportunity. In connection with the execution of this Agreement, CONTRACTOR shall not discriminate against any employee or applicant for employment on the basis of any protected class pursuant to California law. Such actions shall include, but not be limited to, the following: employment, promotion, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection for training including apprenticeship.

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

C. Solicitations for Subcontractors including Procurement of Materials and Equipment. In all solicitation, either by competitive bidding or negotiations, made by CONTRACTOR for work to be performed under a subcontract including procurement of materials or leases of equipment, each potential subcontractor, supplier or lessor shall be notified by CONTRACTOR of CONTRACTOR’S obligation under this Agreement and the regulations relative to nondiscrimination on the basis of any protected class pursuant to California law. //

16. CONFLICT OF INTEREST.

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

CONTRACTOR agrees to at all times avoid conflicts of interest, or the appearance of any conflicts of interest, with the interests of the CITY in the performance of this Agreement.

B. CONTRACTOR is not a designated employee within the meaning of the Political Reform Act because CONTRACTOR:

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(1) Will conduct research and arrive at conclusions with respect to its rendition of information, advice, recommendation or counsel independent of the control and direction of the CITY or of any CITY official, other than normal contract monitoring; and (2) Possesses no authority with respect to any CITY decision beyond the rendition of information, advice, recommendation or counsel. (2 Cal. Code Regs. § 18700(a)(2).)

17. COMPLIANCE WITH LAWS. CONTRACTOR shall comply with all applicable Federal, State of California, and local laws, rules, and regulations and shall obtain all applicable licenses, including a business license with the CITY, and permits for the conduct of its business and the performance of the services.

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

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

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

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drafting the language to be interpreted. The words “include” and “including” shall be interpreted as though followed by the words “without limitation.”

21. INTEGRATION. The recitals and any exhibits attached to this Agreement are incorporated by reference as though fully restated herein. This Agreement contains the entire agreement and understanding between the parties as to the subject matter of this Agreement. It merges and supersedes all prior or contemporaneous agreements, commitments, representation, writings, and discussions between CONTRACTOR and CITY, whether oral or written. In the event of any conflict or other inconsistency between the provisions of this Agreement (disregarding any exhibits) on the one hand, and any exhibits hereto (including any Request for Bids, Request for Proposal, or similar documents, responses to the same, terms and conditions, sample agreements, sample purchase orders, or other attachments thereto) or any purchase order issued in connection with this Agreement, on the other hand, the provisions of this Agreement (disregarding any exhibits) shall control.

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

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

24. NOTICES. All notices required hereunder shall be in writing and mailed postage prepaid by certified or registered first class United States mail, postage prepaid, return receipt requested, or by personal delivery to the CITY’s address as shown below, or such other places as

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CITY or CONTRACTOR may, from time to time, respectively, designate in a written notice given to the other. Notices shall be deemed effectively served upon deposit in the United States Mail, or upon personal delivery.

To CITY: Kit Jory,
Parks Manager
City of Concord
1455 Gasoline Alley
Concord, CA 94519-2578
Telephone: (925) 671-3385
Email: [email protected]
To CONTRACTOR: Veronica Bejines,
Owner
J.T.S Tree Expert
2043 East Street
Concord, California 94520
Telephone: (844) 822-8677
Email: [email protected]

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

26. EXECUTION; COUNTERPARTS. Each individual or entity executing this Agreement on behalf of CONTRACTOR represents and warrants that he or she or it is duly authorized to execute and deliver this Agreement on behalf of CONTRACTOR and that such execution is binding upon CONTRACTOR. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.
[Signatures follow on next page]

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

CONTRACTOR: CITY:

J.T.S Tree Expert, City of Concord,
a Incorporated business. a California municipal corporation By:_________________________________ By:______________________________ Name: Veronica Bejines Name: Valerie J. Barone
Title: Owner Title City Manager
Address: 2043 East Street Address: 1950 Parkside Drive
Concord,California 94520 Concord, CA 94519
Telephone: (844)-822-8677 Telephone: (925) 671-3150
Email: [email protected]
APPROVED AS TO FORM: ATTEST:

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

Concord, California
Date:________________

I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEAR 2023-2024 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.

THE SUM OF $300,000. Account Code 4909500C99963800238411163800.

Finance Director's Signature

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

MINIMUM SCOPE OF INSURANCE.

Coverage shall be at least as broad as:

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

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

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

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

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

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

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

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

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

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

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

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

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

RFQ 10.24.23 ON-CALL TREE MAINTENANCE

CITY OF CONCORD - REQUEST FOR QUOTES (RFQ) 10.24.23

ON-CALL TREE MAINTENANCE
EXHIBIT A– STATEMENT OF WORK

A. GENERAL DESCRIPTION
The Contractor shall provide consultation, scheduled and unscheduled / emergency services for City- owned trees/and private owned trees The scheduled services shall include: preventative trimming and other scheduled work and unscheduled/emergency response work to mitigate any city-owned tree’s threat to public safety due to weather, accident, or other distress, by duly trained and qualifi ed personnel. The work shall be performed in accordance with accepted professional work standards as established by the International Society of Arboriculture (ISA).

The Contractor shall designate at least one representative in their organization who shall be available periodically to the City for scheduled consultation and shall be physically available within 24 hours of an emergency request for consultation. This representative must be an (ISA) Certified Arborist.

All Scheduled Work will be billed at esta blished hourly or weekly rates (in accordance with Exhibit C, Cost Proposal) to be completed and returned by the Contractor. All Unscheduled / Emergency Work will billed at established hourly or weekly rate, all vehicles, equipment, tools, and other materials necessary to complete the work will be rolled i nto the hourly and weekly rates (in accordance with the Exhibit C, Cost Proposal) to be completed and returned by the Contractor.

The City expects tree technicians to be assigned to the City as necessary to provide response to the City’s requests for scheduled work within 24 hours, and to respond to unscheduled/emergency work during and after regular working hours ( 8:00 AM to 6 :00 PM, Monday through Friday) within 4 hours.

The Contractor’s inability to pro vide services per contract specifications may cause the City to withhold payment for such services and / or cause the City to secure another qualified contractor for the performance of the subject services.

The Contractor must provide vehicle(s) to be used by the Contractor’s Technicians which shall be equipped with: warning beacon/strobe lights; traffic cones; tree work warning signs; and at least one vehicle with a hydraulic bucket lift capable of reaching a height of at least forty (40) feet above the roadway surface. All of the required equipment shall be properly maintained and functional twenty- four (24) hours a day, seven (7) days a week, including holidays.

The Contractor must possess, and have readily available in functioning order, all required tools, equipment, apparatus, facilities, and materials needed to perform all work necessary to maintain

RFQ 10.24.23 ON-CALL TREE MAINTENANCE

CITY OF CONCORD - REQUEST FOR QUOTES (RFQ) 10.24.23

ON-CALL TREE MAINTENANCE
EXHIBIT A– STATEMENT OF WORK

streetscape and park trees for the City in compliance with current Caltrans and City of Concord standards and specifications.

The Contractor shall not represent the City in matters of policy or procedures under this contract, and shall refer all questions or inquiries from the public regarding policy and procedures, or terms and conditions of this contract to the City.

The Contractor shall be responsible for the repair or replacement, as appropriate, of any facilities, irrigation, landscaping, vehicles or other items damaged as a function of work authorized under this contract.

B. Tree Maintenance Requirements

1. Scheduled Tree Work
As directed by the City, the Contractor shall provide all resources for scheduled tree maintenance.

Compensation for all scheduled work will be paid at the hourly or weekly rate labor, with all vehicles, equipment, tools, and other materials necessary to complete the work will be rolled into the hourly and weekly rates, in accordance with the Contractor’s submitted Cost Proposal (Exhibit C). The work may include, but is not limited to the inspection of planting sites, tree planting, tree watering, tree maintenance, tree removal, canopy restoration, and identifying signs of decay, disease, insect and other damage or contraindicated conditions, the remedying of such conditions when advisable, including tree removal if necessary, and trimming, thinning, or other specified pruning or removal, as requested by the City..

2. Unscheduled and Emergency Response Work
As directed by the City’s Utility and Streets Maintenance Superintendent, the Contractor shall provide all resources for Unscheduled or Emergency Response Work on City-owned trees and Private owned trees. Compensation for Unscheduled or Emergency work will be paid at the hourly labor, vehicle and equipment rates, in accordance with the Contractor’s submitted Cost Proposal (Exhibit C).

No compensation for travel time shall be included in the payment for unscheduled or emergency work. . Unscheduled and Emergency Work includes, but is not limited to the following:
a. Emergency Work needed to remove a tree or portions thereof from a position of threatening public safety, mobility, Public spa ces, or City-owned assets.

RFQ 10.24.23 ON-CALL TREE MAINTENANCE

CITY OF CONCORD - REQUEST FOR QUOTES (RFQ) 10.24.23

ON-CALL TREE MAINTENANCE
EXHIBIT A– STATEMENT OF WORK

b. Unscheduled Work on City-owned trees that may be requested by the City less than 24 hours in advance of need.

3. Necessary Work that has not been Pre-Approved
If during the performance of authorized scheduled or authorized unscheduled /emergency work the Contractor discovers necessary work outside of the scope of work authorized at that time, Contractor shall immediately notify the City’s supervisor/manager, provide a description of the issue and a recommendation for disposition, and await further direction. In no case shall the Contractor perform work without first obtaining written authorization from the City’s authorized supervisor/manager.

4. Response and Service
The Contractor shall provide response and service on a twenty-four (24) hour, seven (7) day per week basis. Immediate action shall be taken to safeguard the public any time a tree causes or becomes a part of a potential threat to public safety. The maximum response time shall be as follows:

Emergency and accident maintenance – four (4) hours.

Contractor’s failure to meet the response time requirements shall be sufficient cause for the City to authorize work to be completed by others and deduct the costs of said work from payments due the Contractor. Repetitive failure shall be deemed sufficient cause for the City to unilaterally terminate the contract.

5. Debris Removal and Salvaged Equipment
All tree debris is considered refuse and shall be disposed of properly by the Contractor at Contractor’s cost. Any non-vegetative material or equipment deemed necessary for removal by the Public Works Department shall be disposed of by City maintenance staff.

6. Work Specifications
a. Safety near Electrical Transmission Lines
Contractor shall ensure employees and equipment working within a ten (10) foot proximity of energized conductors in excess of 750 volts shall be qualified line-clearance tree trimmers or qualified line clearance tree trimmer trainees using approved tools and equipment.

RFQ 10.24.23 ON-CALL TREE MAINTENANCE

CITY OF CONCORD - REQUEST FOR QUOTES (RFQ) 10.24.23

ON-CALL TREE MAINTENANCE
EXHIBIT A– STATEMENT OF WORK

b. Tree Planting, Removal, and Maintenance

1. The Contractor shall provide the highest quality of tree pruning, removal and maintenance services. The Contractor agrees to provide the highest quality commercially accepted methods, procedures and controls for tree pruning, removal, and maintenance consi stent with the most current editions of the following benchmark standards:
a. American National Standards Institute (ANSI) A300 Part 1 Pruning Standards b. ANSI Z133 Safety Standards
c. ISA Best Management Practices: Tree Pruning with the International Society of Arboriculture Pruning Standards Best Management Practices (BMPs), ANSI A300 Standards and information in standard arboriculture industry references.

This shall include the use of proper knowledge, skills, materials and equipment of a timely basis to mai ntain all areas in a clean, safe, healthy, and aesthetically acceptable manner during the entire term of this contract. The Contractor shall furnish tree services by qualified arborists, site managers, and tree worker crews to provide tree pruning, removal, and maintenance activities that comply with this scope of services. It will be the responsibility of the Contractor to provide all equipment, materials, and labor as necessary to perform the work described in this document in a safe, efficient, and legal manner.

2. The Contractor shall ensure that pruning is appropriate for the species and tree/site conditions, it is important to have a clear understanding of the specific needs of the tree and the objectives for pruning. Pruning objectives include the following:
a. Improve structural strength and reduce failure potential. b. Provide clearance for pedestrians, vehicles, structures and low voltage utilities. c. Improve safety and security for residents and visitors. d. Repair structural damage from wind loading.
e. Improve aesthetic characteristics.
f. Reduce maintenance costs.
g. Prevent or mitigate a pest problem.
h. Remove rubbing limbs, crossing limbs, mistletoe and limbs out of balance. i. Provide clearance pruning defined as:
i. Roadway ‐ not less than 14’ from road surfaces.

RFQ 10.24.23 ON-CALL TREE MAINTENANCE

CITY OF CONCORD - REQUEST FOR QUOTES (RFQ) 10.24.23

ON-CALL TREE MAINTENANCE
EXHIBIT A– STATEMENT OF WORK

ii. Sidewalk ‐ not less than 12’ from sidewalk surfaces. iii. Building ‐ not less than 6’ from vertical building surfaces. iv. Roofs and Streetlights ‐ not less than 6’ from roofs or street lamps. v. Utility and Telecom D rop Lines ‐ not less than 2’ or sufficient clearance to prevent service interruption and vascular tree growth onto wires.
j. Any structural weakness, decayed trunk or branches, split crotches or limbs and included bark discovered by the Contractor during the course of trimming shall be reported to the City’s designated representative for determination of action, as soon as it is discovered.
k. The Contractor will defer to the recommendations of the City Arborist when completing these activities.
c. Tree Removal and Stump Grinding

1. All The Contractor shall remove trees deemed necessary for removal by the City or as recommended by the Contractor’s Certified Arborist, with concurrence by the City Arborist.
a. Felling of trees larger than 12” DBH shall not be permitted. All trees shall be limbed out using appropriate rigging techniques to protect public safety and prevent unnecessary damage to surrounding turf, trees, shrubs, and landscape plantings.

Sidewalks, curbs, streets, manhole structures, and associated hardscape sha ll be protected from the impact of falling wood. Any and all damage to public or private property shall be reported to the City’s designated representative immediately.

All stumps including the root flare / crown shall be ground to a minimum of 18” below grade.

Contractor is required to contact 811 three (3) days prior to stump grinding work.

2. Surface roots greater than ½” diameter shall be traced and ground to a depth of no less than 12” and / or removed.

3. All debris generated by stump grinding and root removal shall be removed from the site.

4. All work shall comply with ANSI Z133 safety standards. d. Cabling and Guying / Bracing
Contractor shall provide these services in strict accordance with ISA Guidelines and ANSI A300 Part 3.
e. Debris Removal

RFQ 10.24.23 ON-CALL TREE MAINTENANCE

CITY OF CONCORD - REQUEST FOR QUOTES (RFQ) 10.24.23

ON-CALL TREE MAINTENANCE
EXHIBIT A– STATEMENT OF WORK

As prevention measure for disease, all wood, trimmings, and wood chips shall be properly disposed of at a refuse disposal site at no expense to the City. f. Underground Service Alert (USA Dig Alert) Monitoring and Requirements The Contractor will be required to obtain adequate marking of any underground utilities that may be impacted or damaged by Contractor’s work on behalf of the City, in accordance with the California Government Code Section 4216 et seq.

The Contractor shall assume all liability for satisfying the City’s obligations to adequately identify underground structures in accordance with this law. Compensation for obtaining USA – Dig Alert services identified above will be considered as paid for in the various other elements of work performed; therefore, no additional or separate payment will be made for this task.
g. Certifications, Equipment, and Safety

1. The Contractor will ensure that all staff are appropriately trained and certified in their areas of work assignment including:
a. Tree Maintenance
b. Ground Worker
c. Equipment Operator
d. Traffic Control & Flagging
e. OSHA10
f. Electrical Hazard Awareness Program (EHAP)

2. The Contractor will ensure that all equipment is of acceptable type and condition according to industry standards and subject to the discretion of the City Arborist. a. All equipment will be appropriately marked and labeled with the contractor’s company name and contact number.
b. The Contractor is responsible to follow all OSHA safety standards, industry required, State, and local laws regarding safety inspections, meetings, pre and post trip inspections, documentation, and other safety practices that are consistent with the industries Best Management Practices.

3. Traffic Control may be incidental to the job and the contractor shall provide all necessary warning signs and traffic channeling devices. Flagging personnel shall provide evidence of training regarding Cal OSHA requirements. Signs and warning devices shall be set up in accordance with the current edition of Manual of Traffic Controls for Construction and

RFQ 10.24.23 ON-CALL TREE MAINTENANCE

CITY OF CONCORD - REQUEST FOR QUOTES (RFQ) 10.24.23

ON-CALL TREE MAINTENANCE
EXHIBIT A– STATEMENT OF WORK

Maintenance Zones published by the State Department of Transportation. The contractor is responsible for obtaining any necessary traffic control permits in advance of performing the work. Permits and request forms can be obtained at the following site:
https://www.cityofconcord.org/169/Permit-Center
h. Tree Inventory Software
All work shall be documented in the City of Concord’s Work Order Management and Tree Inventory software system . Work crews should be able to access the web -based software for imputing data in the field.
i. Safe Conditions
The Contractor is required to ensure each worksite and job is conducted with safety as the highest concern. Each job site is to be left in a safe condition prior to the contractor leaving the site.

C. Payment
All payment will be made within thirty (30) days after an invoice has been approved for payment by the City’s designated representative. Charges for labor, materials and equipment should be included with the submitted invoice. For cost accounting purposes, the invoice should be emailed as a Microsoft Excel-compatible computer file to the City. Payment will be made no more frequently than monthly; however, invoices must be submitted at least quarterly (i.e. every three months). All payments shall be made in accordance with Exhibit C included in this Solicitation and completed and returned by the Contractor in its Proposal.

Special Note : The City reserves the right to negotiate with the Contractor on the rates and fee s identified on Exhibit C , Cost Proposal included in this Solicitation and completed and returned by the Contractor in its Proposal. A final contract with the Contractor may not include the original rates and fees identified on Exhibit C, Cost Proposal as submitted in the Proposal . The City makes no guarantee as to the total dollar value of work assigned to the Contractor as a function of this contract.

Compensation all Scheduled Work will be paid at the hourly rates for labor, equipment and materials expended for those City -owned trees maintained in any given month, in accordance with the costs proposed by the Contractor in its submitted Exhibit C , Cost Proposal. No additional or separate payment will be made for labor and materials, vehicles, equipment, or for travel time from the Contractor’s base of operations to the City.

RFQ 10.24.23 ON-CALL TREE MAINTENANCE

CITY OF CONCORD - REQUEST FOR QUOTES (RFQ) 10.24.23

ON-CALL TREE MAINTENANCE
EXHIBIT A– STATEMENT OF WORK

A separate itemized invoice, indicating the actual labor (hours per employment classification), material, equipment and vehicle units used, and applicable rates, shall be prepared for work hereunder.

Compensation for all Unscheduled / Emergency Work will be paid at the hourly rates for labor, equipment and materials expended for those City -owned trees maintained in any given month, in accordance with the costs proposed by t he Contractor in its submitted Exhibit C , Cost Proposal .

Additional compensation for travel time for this work at a maximum of one hour in each direction per employee will be allowed. No additional or separate payment will be made for labor and materials, vehicles, equipment, or for travel time from the Contractor’s base of operations to the City.

During an emergency situation, only such work shall be done as to alleviate the emergency situation or as directed by the City’s Public Works department or their designated representative. A separate itemized invoice, indicating the actual labor (hours per employment classification), material, equipment and vehicle units used, and applicable rates, shall be prepared for work hereunder.

D. Prevailing Wage
Work to be performed by Contractor in accordance with this Contract is a “public work” under Labor Code § 1720, et seq. and is subject to compliance monitoring and enforcement by the California Department of Industrial Relations (DIR). If Contractor will receive federal funds, this Contract may also be subject to the payment of prevailing wages pursuant to the Davis-Bacon Act, 40 USC § 3141 et seq., and other federal laws. It is the sole responsibility of Contractor to ensure that all workers who perform work pursuant to this Contract are paid the correct rate of prevailing wages. Contractor waives and releases any rights it may have under Labor Code section 1726 and 1781 to seek recovery of costs from the City. When working on a federally funded project, Contractor sh all ensure that all workers entitled to the payment of prevailing wages receive the higher of the applicable State or federal prevailing wage.

Contractor acknowledges that because portions of the work to be performed by Contractor may be subject to the payment of State and federal prevailing wages, certain requirements must be included in this Contract. Contractor certifies that it is generally aware of State and federal prevailing wage requirements and shall be bound by these requirements to the extent applicable to the work performed, including, but not limited to, the following:

1. If a worker is paid less than the prevailing wage rate owed for a day or portion of a day, Contractor

RFQ 10.24.23 ON-CALL TREE MAINTENANCE

CITY OF CONCORD - REQUEST FOR QUOTES (RFQ) 10.24.23

ON-CALL TREE MAINTENANCE
EXHIBIT A– STATEMENT OF WORK

shall pay the worker the difference between the prevailing wage rate and the amount actually paid as specified in Labor Code section 1775;

2. Contractor shall maintain and make available payroll and worker records in accordance with Labor Code sections 1771.4(a)(3), 1776 and 1812;

3. If apprentices are employed on the project, Contractor shall ensure compliance with Labor Code section 1777.5;

4. Contractor is aware of the limitations imposed on overtime work by Labor Code section 1810, et seq. and shall be responsible for any penalties levied in accordance with Labor Code section 1813 for failing to pay required overtime wages;

5. Contractor shall be bound by each of the stipulations set forth at 40 USC § 3142(c), including the obligations to a) pay all laborers or mechanics employed directly on the site of the work, unconditionally and at least once a week, and without subsequent deduction or rebate on any account, the full amounts accrued at the time of payment, computed at the required wage rate; b) post the applicable prevailing wage scale in a prominent and accessible place at the work site; and c) agree that there may be withheld from accrued payments funds necessary to ensure workers are paid the required wage rate; and

6. In accordance with 40 USC § 3143, all or part of this Contract may be terminated for failure to pay the required prevailing rate of wages.

7. In accordance with 8 Cal. Code Reg. section 16451(d), the applicable prevailing wage determinations shall be posted at each job site and Contractor will be responsible for posting the notice required by 8 Cal. Code Reg. section 16451(d) at each job site. Posters are available on the CMU website, at the Division of Labor Standards Enforcement District Offices or by emailing a request to [email protected].

8. Contractor and all subcontractors must comply with t he requirements of Labor Code section 1771.1 pertaining to the registration of contractors pursuant to Labor Code section 1725.5.

Registration and all related requirements of those sections must be maintained throughout the term of this Contract.

SB 854 Notice :

The City’s Public Works projects are subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) in accordance with Labor Code Section 1771.4(a)(1). As part of this program, Contractors and Subcontractors on Public Works Projects are required to be

RFQ 10.24.23 ON-CALL TREE MAINTENANCE

CITY OF CONCORD - REQUEST FOR QUOTES (RFQ) 10.24.23

ON-CALL TREE MAINTENANCE
EXHIBIT A– STATEMENT OF WORK

registered with DIR in accordance with Labor Code Section 1725.5. Unregistered contractors are not qualified to bid on, be listed in a bid proposal, listed as a Subcontractor, or engage in the performance of any Public Works Contract, all as more particularly described in Labor Code Section 1771.1(a).

The prime Contractor shall be required to post the job site with all notices required by regulations per Labor Code Section 1771.4(a)(2), whether or not the City also posts.” E. Contract Period, Renewal, and Price Adjustments
The Tree Maintenance Services contract will be for the initial contract period from approximately January 1, 2024 to June 30, 2025 . This contract may be extended by the City for up to six (6) additional consecutive years after the initial contract period in one (1) year increments at the discretion and approval of the City. The City shall notify the Contractor in writing of the intent to extend the contract by June 1st of the current contract year.

Before each contract renewal period, the maximum total compensation for that contract period may be increased up to four percent (4%) from the preceding year based on approval by the City. The City in its discretion may base increases in the contract price on relevant fluctuations in the average of the Construction Cost Indices for the San Francisco Bay Area or the annual Consumer Price Index (CPI) whichever is greater.

F. WORK HOURS
Normal working hours will be from 8:00 am – 5:00 pm, Monday through Friday, excluding City observed holidays. Hours of work may be modified with approval by the City.

G. INVOICES
All invoices are to be submitted no later than 10 days after the close of each month, and must be accompanied by certified payroll documents. Invoices s hall specify, by location, the dates of work and crews used.

H. TERM
This contract term will be for an initial term of one year from the date of award, with two (2) one - year option periods. This contract may be extended up to an additional 90 days upon writte n notification from the City.

MINIMUM QUALIFICATIONS
A. Contractor's License
Proposing Contractor must possess a valid, current and in good standing Class C -61 / D-49

RFQ 10.24.23 ON-CALL TREE MAINTENANCE

CITY OF CONCORD - REQUEST FOR QUOTES (RFQ) 10.24.23

ON-CALL TREE MAINTENANCE
EXHIBIT A– STATEMENT OF WORK
contractor's license issued by the California State Contractor Licensing Board. A copy of the contractor's license number and date of expiration shall be included in the submitted Proposal. Failure to possess and produce the specified license will render the Proposal as non-responsive.

B. Department of Industrial Relations (DIR) Registration Proposing Contractor must be currently registered and in active status with DIR to bid on and perform public works projects.

C. Qualified Personnel
Proposing Contractor shall have on -staff, at least one employee with the following qualifications, and available via telephone at a minimum, to the City within 4 hours of City’s request:

1. International Society of Arboriculture (ISA)-certified Arborist.

The submitted Proposal shall identify by name the Arborist(s) who will be available an d would be assigned to provide tree maintenance / consultation services to the City. The proposal shall identify a single point of contact for service requests.

D. Company Background
Contractor submitting a bid proposal to this solicitation must provide three (3) references that verify a minimum of 3 years’ experience in municipal street tree maintenance in addition to the requirements stated in section 3.1., Evaluation and Selection.

E. Sample Work
As part of the evaluation process, Contractor is required to pro vide “before & after” photographic evidence of Contractor’s work crew performing the following tasks:

1. Canopy Restoration Pruning (A topped tree that the contractor has restored to a full canopy)

2. Tree Removal (Large Species over 44” DSH and over 50’ tall)

3. Tree Work being completed utilizing an aerial tower

4. Tree Work being completed utilizing climbing

5. Stump Removal

6. Tree Planting

Cl1Y OF CONCORD - REQUFST FOR QUO'I'.1£8, (RFQ) 10 .. 24.23 plJB.LIC WORKS DEPARTMENT
ON-CALL 'IRf:E MAINTENANCE
EXffiBIT A - COST PROPOSAL
Exhibit C,.l
1itle
• •
SCIIF1>0LE> WORK: PFRSONNEL _HM1.;1, 11.,&.�- Til\1E
, Description
Hourly Regular
Time* Rate ($/hr.)
' Hours Exte11ded
Hours
1'1-_.........., _____ -+----------------1---------- ---+-----+-----c-------,1:

Tree Trimmer - Lead Tree Trimmer - Crew Leader- Primary �: 1 1 2
3 4
1 Lead duties are to performtree cuttingandcabling
': Tree Grounds
1: P·erson
Grounds
Person­
F.quipIDent
Operator
C,ertified
Arb,orist
from tree or buc:ket aerial lift. $141.SQ,
Supports Lead Worker, setting up perimeter
around work area, redirects traffic around
work area, etc. • $121.00
Supports Lead. Woi,ker, setting up p,e.rimeter
around workarea,re,directstraffic around
work area, operates equipment such as
,, chipper,aerialrescue,rope clearing, etc.

I $100.00
'
Provides arboriculture consultation to the
City as requested :$225.00
$350.00
!
8 8
8 8
'
8 $1,132,
$96: i.oo
$800.,00
$1,E
,$2 E ' '
00 ·oo
TOTAL $, 7,,;oo

P'FRSONNEL COST'ENTIMATE,
I'
*Ho·urly regular time is a·efined as Monday - Friday, 8:·00 AM - 6�·00 PM *Contractor is to include· c,osts of all equipment ne,cessary to c,omplete all tree maintenance c ctivities with the exception of crane work.

Exhibit C.2
SCHFJ>ULEI) W'()RK: P.FRSONN]L R�1.;1 IT ;AJ.l TIME � Weekly Rate ,
I i.

TitJe
.
• Description
1 3 Person Crew I Weekly Rate
.

Regu.lar Time*
Weekly Rate
($/per week)
$'NIA
' ' '
'
Weekly Hours El ttended
Wee �lyHours
' 120 $ 1 �,500 I
i1: . I
TOTAL : $ 14,500

COSTESTIMATE,
:
'' i' ''
I'i
I
*Hourly regular time is defin,ed as Monday - Friday, 8:00 AM� 6:00 PM *Contractor· is to include costs of all equipment necessary to complete all tree maintenance• lctivities with the exception of crane work.
*Weekly Rate is defined as a 3 person crew consisting of adequate staff necessary to conduct all tre,e work. A typical 3 person C'rew might consist of a Tree Trimmer, Ground Person,, and Equipment Ope ·-ator.

RFQ 10.24.23 ON-CAIL TREE MAINTENANCE
Page43 of44

CI1Y OF CONCORD - REQUEST FOR QUOTES (RFQ) 10.24.23

PUBLIC WORKS DEPARTMENT
ON-CALL 'IRl<:I( MAIN'IENANCE

EXHIBIT A - COST PROPOSAL
Exhibit C.2
1 2
3 4
Title
AfterHours
Minimum Fee
Tree Trimmer -
Lead
Tree Grounds
Person
UNSCBFDULID/EMERGINCY WORK:

Description
Hourly Regular
Time* Rate ($/hr.)
The minimum fee the City will be charged
for a 3-man crew to be called out after
regular workingh ours. This amountwill be
credited against the Emergency Rate
Extended Total. $500.00
Lead Tree Trimmer -Crew Leader- Primary
duties are to perform tree cutting and cabling
from tree or bucket ae1iallift. $260.00
Supports Lead Worker, setting up perimeter
around work area, redirects traffic around
work area, etc. $120.00
Grounds Supports Lead Worker, setting up perimeter
Person - around work area,
redirects traffic around
6 Hr
Min.
1 1
Equipment work area, operates equipment such as 1
Cost/Hour
$3,1 )00
$2E 0.00
$1�0.00
Operator chivver,aerial rescue,rope clearing, etc.,. $120.00 $12j0.00 1---...1-...,,._ ____ .......___._"'--�---�--"'----���-...l--------..&...--- Minimum of 6 hours
TOTAL
PFRSONNFL COSTFSTIMATE 500.00
*Hourly regular time is d�fined as Monday -Friday, 8:00 AM- 6:00 PM *Contractor is to include costs of all equipment necessary to complete all tree maintenance activi ies with the exception of crane work.

END OF SOLICITATION

TOTALSUM ARY
Exhibit C.1 ! ,;7, 500
Exhibit C.2 c 14 500 ._ I
Exhibit c.3 : ;soo.oo
$ ____ _
RFQ 10.24.23 ON-CALL TREEMAJNTENANCE
Page44of44

Staff Report
Date: February 6, 2024
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: William Tarbox, Director of Public Works
Prepared by: Kit P. Jory Sr., Parks Division Manager
[email protected]
(925) 671-3385
Subject: Considering approval of an amendment to the Professional Services Agreement with PlanIT Geo, Inc. in the amount of $120,000 for a total not-to-exceed amount of $369,024 in order to complete the Citywide Tree Inventory, Tree Maintenance Plan, and deploy Tree Management Software; and authorizing the City Manager to execute the amendment in a form
acceptable to the City Attorney. (Project No. 2673 funds) CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c)(2), 15273, and/or 15378.

Report in Brief
On October 10, 2023, City Council approved a Professional Services Agreement with PlanIT Geo, Inc. to provide services to complete a citywide Tree Inventory, Tree Maintenance Plan, and to deploy Tree Management Software. Staff’s estimate at the time of awarding the contract was that there were 40,000 trees to be inventoried, however, as the work is being accomplished it has become clear that the staff estimate was low by 100%. The final tree inventory will be closer to 80,000 trees and the contract maximum expenditure needs to be adjusted to allow for all public and street trees to be accounted for within the inventory. The cost to inventory these additional trees/locations are set in the contract at $3.50 per location for a total additional cost of approximately $140,000. The existing agreement includes a contingency of $22,639, and staff is requesting authority to spend the contingency and up to an additional $120,000 more to ensure the consultant delivers a complete inventory of public and street trees. The

4.c4.c

City Council Agenda Report
Agenda Item No. 4.c
February 6, 2024
additional $120,000 comes from within the project budget as a result of cost savings by eliminating the need for the limited services Urban Forester. Staff will be utilizing existing staff resources to manage the project.

Recommended Action
Approve an amendment to the Professional Services Agreement with PlanIT Geo, Inc. in the amount of $120,000 for a total not-to-exceed amount of $369,024 in order to ensure the City adequately complete the Citywide Tree Inventory, Tree Maintenance Plan, and deploy Tree Management Software; authorize the City Manager to execute the amendment in a form acceptable to the City Attorney (Attachment 1); and make the CEQA determinations as provided in this staff report.

Background
On April 4, 2023, the City Council approved Project No. 2673, Urban Forest Infrastructure Project, as part of the mid-year budget adjustments. On October 10, 2023, the City Council approved a Professional Services Agreement with PlanIT Geo, Inc. in the amount of $249,024 (base agreement of $226,385 plus staff authority to spend up to a 10% continency of $22,369) to provide services to complete a Citywide Tree Inventory, Tree Maintenance Plan, and to deploy Tree Management Software. At the time, staff advised Council that the City’s urban forest consisted of an unknown number of street, park, and other public trees. Prior to starting the inventory process, staff estimated that there were approximately 40,000 tree locations to be inventoried and Council awarded a contract with the base bid amount accounting for that scope of work. To date, the inventory is approximately 50% complete and 38,353 tree and planting locations have been inventoried.

Analysis
The City’s Urban Forest is a valuable asset and consists of all City-owned trees, trees in public spaces, and privately-owned street trees. Climate Action Plans, Sustainability Plans, and environmentally focused grant applications take into consideration the value, benefits, and effects of the Urban Forest. In order to adequately quantify and utilize the Urban Forest as an asset in these efforts, a complete tree inventory is necessary. This project was created in order to provide staff with this data, to allow staff to better manage tree maintenance, respond to tree emergencies, and provide outreach to the public on private trees that affect the right-of-way.

Staff originally estimated the City’s Urban Forest to consist of approximately 40,000 trees. Because the City has never had a complete City-wide tree inventory, staff used their best judgement in this estimation. As work has progressed on the tree inventory it has become clear that staff’s estimate was low by 100% and that there will be closer to 80,000 trees in this inventory. In addition to quantifying the values of the Urban Forest, a complete inventory of all public and street trees is necessary to ensure the City has accurate data to address tree-related issues that affect public safety in a timely and efficient manner. An accurate and complete City-maintained tree inventory and properly

City Council Agenda Report
Agenda Item No. 4.c
February 6, 2024
administered tree management software program will also create efficiency for staff to properly maintain, track, assign, and follow-up on tree maintenance work. In addition, many tree-related issues City staff respond to are for trees that are not City maintained.

Based on the geographical areas of the City where the inventory has been completed, satellite imagery, and basic tree canopy analysis; it is now evident to staff that there are up to 40,000 more locations to be inventoried. The cost to inventory these locations is set in the contract at $3.50 each, for a total additional cost of approximately $140,000.

The existing contract already includes a contingency of $22,639.

Financial Impact
The amended total, not-to-exceed, budget for this project would be $369,024. The $120,000 funding for this increased inventory cost will come from within the project (Project No. 2673) as a result of cost savings created through the elimination of the limited services Urban Forester. Staff is utilizing existing staff resources to manage the project.

Environmental Determination
This is not a “project” under and/or is exempt from California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c)(2), 15273, and/or 15378. This determination reflects the City’s independent judgement and analysis.

Public Contact
The City Council Agenda was posted.

Attachment

1. Amendment to Professional Services Agreement with PlanIT Geo, Inc.

FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
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28 This First Amendment to Professional Services Agreement (“Amendment #1”) is entered into on this date, February 6, 2024, and amends the Professional Services Agreement, Agreement No. 6112, between the City of Concord (“CITY”) and PlanIT Geo Inc. (“CONSULTANT”).

WHEREAS, the CITY and CONSULTANT entered into a Professional Services Agreement, Agreement No.6112, dated October 1, 2023 (the “Agreement”), wherein CONSULTANT agreed to provide Scope of Work as described in Exhibit A.

WHEREAS, under Section 1 “TERM” the Agreement provides that the Agreement shall expire on September 30, 2028.

WHEREAS, under Section 5 “AMENDMENT TO AGREEMENT” the Agreement provides that Agreement may be amended by the parties subject to consent and in accordance with the CITY’S Municipal Code.

WHEREAS, the parties mutually desire to amend the Agreement to increase compensation.

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

1. The first sentence of the first paragraph in Section 3 “PAYMENT” is hereby amended to read as follows: The compensation to be paid to Consultant including payment for professional services, contingency (10%), and reimbursable expenses, shall be at the rates and schedules in detail in Exhibit A. However, shall in no event shall the amount the CITY pays CONSULTANT exceed $369,024 for the term of this Agreement.

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

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

Signatures on the following page.

Attachment 1

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28 Dated: ______________ PlanIt Geo, Inc.

BY: ________________________
Ian S. Hanou
CEO/Founder
[email protected]
Dated: ________________ CITY OF CONCORD
By:______________________________
Valerie J. Barone
City Manager
APPROVED AS TO FORM: ATTEST:
____________________________ ____________________________________ Susanne Brown Joelle Fockler, MMC
City Attorney City Clerk
FINANCE DIRECTOR'S CERTIFICATION:

Concord, California
Date: ________________

I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEAR 2023-2024 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.

THE SUM OF $369,024. Account Code04905700C99963800 490267311163800.

Finance Director's Signature

Staff Report
Date: February 6, 2024
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kevin Marstall, PE, Director of Community Development Carlton Thompson, PE, City Engineer
Bernard Enrile, PE, CIP Manager
Prepared by: Kevin Wheat, PE, Associate Civil Engineer
[email protected]
(925) 671-3422
Subject: Considering:

1. Awarding a construction contract in the amount
$1,494,000.00 to St. Francis Electric, LLC for the Treat Boulevard Fiber Phase 2 Project (City Project No. 2656); authorizing staff to utilize the available project contingency for contract change orders that become necessary up to
10% of the contract amount; and authorizing the Mayor to execute the contract in a form acceptable to the City
Attorney.

2. Approval of a Professional Services Agreement with MNS Engineers, Inc. in the not-to-exceed amount of $941,507.60 (base agreement of $855,916.00 plus staff authority to
spend up to a 10% contingency of $85,691.60) to provide construction management, inspection, and materials
testing services for both the Treat Boulevard Fiber Phase 2 Project, and the Treat Boulevard Pavement Rehabilitation Project (Phase 2) (City Project Nos. 2656 & 2559); and
authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney.

3. Approving a budget transfer in the total amount of
$1,300,000 to the Treat Boulevard Fiber Phase 2 Project (Project No. 2656) from PJ 2609 (Clayton Road Pavement
Rehabilitation, Fund 407).

4.d4.d4.d4.d4.d4.d

City Council Agenda Report
Agenda Item No. 4.d
February 6, 2024

4. Authorizing the City Engineer to accept the improvements upon completion of Project No. 2656 and directing the City Clerk to file a Notice of Completion.

CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(2), 15061(b)(3), 15273, 15378, 15301, 15302, 15303, 15304 and/or Public Resources Code Section 21065. ______________________________________________________________________ Report in Brief
The Treat Boulevard Fiber Phase 2 Project (Project No. 2656) will involve the installation of new fiber optic conduit and cable on Treat Boulevard, connecting signalized intersections from San Miguel Road to Clayton Road. Along with the fiber optic installation, the project involves the installation of traffic signal video detection cameras, potholing of underground utilities, traffic control, water pollution control, demolition and replacement of asphalt concrete, traffic signal cabinet modifications, and testing of the newly installed fiber optic cable. See attached Location Map for project limits (Attachment 1).

The Treat Boulevard Fiber Phase 2 Project (San Miguel Road to Clayton Road) has been designed, competitively bid (see Attachment 2 for bid summary) and is now at the point of construction contract award. In order to proceed with construction, a budget transfer of $1.3 million is required. If the award and the recommended budget transfer are approved by the City Council (Council), construction is expected to begin in March 2024, with completion by August 2024, weather permitting.

Construction management, inspection, and materials testing services are needed to ensure work during construction by the Contractor is performed and completed in a manner satisfactory to the project contract documents and the City of Concord (City).

The Professional Services Agreement with MNS Engineers will cover both Treat Blvd Fiber Phase 2 Project (Project No. 2656), and Treat Blvd Pavement Rehabilitation (Phase 2, Project No. 2559) is attached (see Attachment 3). The Treat Boulevard Fiber Phase 2 and Treat Boulevard Pavement Rehabilitation (Phase 2) projects are funded by Measure V. City staff (Staff) anticipates returning to Council in March 2024 to award the construction contract for Treat Boulevard Pavement Rehabilitation Project (Phase 2) (Project No. 2559) which will be bid separately.

Recommended Action

1. Award a construction contract in the amount of $1,494,000 to St. Francis Electric, LLC, for the Treat Boulevard Fiber Phase 2 Project (City Project No. 2656); authorize staff to utilize the available project contingency for contract change orders that become necessary up to 10 percent of the contract amount; authorize the Mayor to execute the contract in a form acceptable to the City Attorney; and make the CEQA determinations as provided in this staff report.

City Council Agenda Report
Agenda Item No. 4.d
February 6, 2024

2. Approve a Professional Services Agreement with MNS Engineers, Inc. in the not- to-exceed amount of $941,507.60 (base agreement of $855,916.00 plus staff authority to spend up to a 10% contingency of $85,691.60) to provide construction management, inspection, and materials testing services for both the Treat Boulevard Fiber Phase 2 Project, and the Treat Boulevard Pavement Rehabilitation Project (Phase 2) (City Project Nos. 2656 & 2559); authorize the City Manager to execute the agreement in a form acceptable to the City Attorney; and make the CEQA determinations as provided in this staff report.

3. Approve a budget transfer in the total amount of $1,300,000 to the Treat Boulevard Fiber Phase 2 Project (Project No. 2656) from PJ 2609 (Clayton Road Pavement Rehabilitation, Fund 407); and make the CEQA determinations as provided in this staff report.

4. Authorize the City Engineer to accept the improvements upon completion of Project No. 2656 and direct the City Clerk to file a Notice of Completion.

Background
The Treat Boulevard Fiber Project (Project No. 2656) was created and funded as part of the 2-Year Capital Improvement Program Budget for FY 2020-2022 approved by City Council on June 2, 2020, with $400,000 in Measure V funds allocated to the project in 2021.

Phase 1 of the Treat Boulevard Pavement Rehabilitation Project (Walnut Creek City limits to San Miguel Road) was completed in early fall 2023 and included fiber optic installation for that segment of Treat Boulevard. Now, it is time to continue with Phase 2 and complete the City’s Treat Blvd fiber network from San Miguel Road to Clayton Road.

Phase 2 of the Treat Boulevard Pavement Rehabilitation Project (Project No. 2559), from San Miguel Road to Clayton Road, is currently in the final design phase, and is expected to be advertised in February 2024 and will be constructed starting late April 2024.

Analysis
When the Treat Boulevard Fiber project was initially created, the initial total budget for the project was $400,000. This was based on being able to utilize existing fiber optic and signal conduits on Treat Blvd, and pull through new cabling and wiring, potentially eliminating the cost for new fiber optic conduit installation. However, during the Phase 1 Treat Blvd Pavement Rehabilitation Project this past summer, there were issues with the condition of the existing conduits that did not consistently allow the new fiber optic cable to be pulled through successfully, resulting in some sections of fiber optic conduit that required replacement. Based on these challenges faced previously, the City has elected to install all new 3-inch HDPE conduit in the Treat Boulevard Fiber Phase 2 Project, that will easily accommodate the pulling of new fiber optic cables and wiring.

City Council Agenda Report
Agenda Item No. 4.d
February 6, 2024
In an effort to receive better bids and pricing, the City elected to split out the fiber optic work from Phase 2 of the Treat Boulevard Pavement Rehabilitation Project, and proceed with the Treat Blvd Fiber Phase 2 Project (Project) separately. As a result, the City received lower bid pricing per linear foot for new conduit compared to the Phase 1 project.

Despite this, the Project’s budget shortfall remains, and a budget transfer is required to proceed with construction (see Financial Impact section).

Procurement Process
Construction Contract:

The Project was advertised for construction bids as required by State law and City policy. The Engineer’s Estimate for the Total Bid was $1,800,000. Bids were opened on December 14, 2023. Four (4) bids were received in the amount ranging from $1,494,000 to 1,823,355.50. The basis of award for this project is the Total Bid. The lowest bid was received from St. Francis Electric, LLC (SFE) of San Leandro, CA. A summary of the bids can be found in Attachment 2 – PJ 2656 Bid Summary.

St. Francis Electric, LLC (SFE) was the low bidder and submitted a responsive and responsible bid. SFE has an appropriate and valid contractor’s license and satisfactory work references. They recently worked on the City’s Willow Pass Road Signal Upgrade Project (City Project No. 2538) and also recently completed the fiber optic work on the Treat Boulevard Pavement Rehabilitation (Phase 1) Project (Project No. 2559). Staff completed analysis of SFE’s bid, determining that this firm along with its subcontractors possess appropriate and valid licenses, are not on any debarred lists, and agreed to be bound by the Citywide Project Stabilization Agreement. SFE is registered with the Department of Industrial Relations as required by SB 854. Staff has determined that a budget transfer is required to award the construction contract (see Financial Impact section).

On September 13, 2016, Council approved a Citywide Project Stabilization Agreement with the Contra Costa Building & Trades Council for City projects with a construction contract valued at over $750,000. The Project will be subject to the requirements of the Project Stabilization Agreement as the estimated construction costs exceeded $750,000. The prospective bidders for this Project were made aware of this requirement as part of the construction contract. SFE and their subcontractors have submitted the required agreement to be bound forms for the Citywide Project Stabilization Agreement.

Construction Management
Staff issued a Request for Proposal (RFP) to select a consultant to provide construction management, inspection, and materials testing services for both the Treat Boulevard Fiber Phase 2 Project (Project No. 2656) and the Treat Boulevard Pavement Rehabilitation Phase 2 Project (Project No. 2559) on October 5, 2023. The RFP was

City Council Agenda Report
Agenda Item No. 4.d
February 6, 2024
advertised in the local newspaper and on the City’s Procurement Website. Four (4) proposals were received, which were reviewed and ranked by the City’s Selection Panel.

Based on the analysis of the proposals, interviews, and references, MNS Engineers, Inc. (MNS) of Antioch, CA was selected as the most qualified firm to provide construction management, inspection, and materials testing services for both the Treat Boulevard Fiber Phase 2 Project (Project No. 2656) and the Treat Boulevard Pavement Rehabilitation Project (Phase 2) (Project No. 2559). City Staff and MNS negotiated the scope of work and cost for the services and agreed upon a base amount of $855,916.00 as a fair and reasonable compensation for the services required in the RFP, covering both projects’ scope of work. MNS’s material testing sub-consultant, Applied Materials & Engineering, Inc. (AME) has agreed to be bound to the Citywide Project Stabilization Agreement.

Financial Impact
Project No. 2656’s current total funding is only $400,000 of Measure V Funds (Fund 407). $1,300,000 is needed to fund construction of the Treat Boulevard Fiber Phase 2 Project (Project No. 2656).

A budget transfer of $1,300,000 from PJ 2609 (Clayton Road Pavement Rehabilitation, Fund 407) to the Treat Boulevard Fiber Phase 2 Project (Project No. 2656) is recommended to proceed with construction. The Clayton Road Pavement Rehabilitation Project is currently in design and slated for construction start in Summer 2025 which is why budget transfer from this project is recommended. The funds removed from this project will be recommended to Council to be replenished as part of the future CIP Budget Cycle to be approved in June 2024.

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

Public Contact
The City Council Agenda was posted.

City Council Agenda Report
Agenda Item No. 4.d
February 6, 2024
Attachments

1. Project Location Map

2. PJ 2656 Bid Summary

3. Construction Contract with St. Francis Electric, LLC

4. Professional Services Agreement with MNS Engineers, Inc. with Exhibit A – Scope of Services

ATTACHMENT 1

PROJECT LOCATION MAP
TREAT BOULEVARD FIBER PHASE 2 PROJECT
CITY PROJECT NO. 2656

City of Concord
Bid Sheet

PROJECT #2656 Bid Opening:

Treat Blvd Fiber (Phase 2) Thursday,
December 14, 2023
2:30 PM
City Manager’s Conference Room
Engineer’s Estimate: $1,800,000 To be awarded: 1/23/24

COMPANY TOTAL BID
St. Francis Electric, LLC
975 Carden Street
San Leandro, CA 94577

$1,494,000.00
WBE
90 Hill Road
Novato, CA 94945

$1,667,947.00
Tennyson Electric LLC
7275 National Drive Ste A2
Livermore, CA 94550

$1,774,420.00
Columbia Electric, Inc.
1980 Davis Street
San Leandro, CA 94577

$1,823,355.50

Contact: Kevin Wheat x3422

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CONTRACT
THIS CONTRACT, made and entered into this February 6, 2024 , between the CITY OF CONCORD, a general law city in Contra Costa County, California, hereinafter called "City", and St. Francis Electric, LLC, 975 Carden Street, San Leandro, CA 94577, hereinafter called "Contractor", for Treat Boulevard Fiber Phase 2 Project, City Project No. 2656.

1. That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by City, and under the conditions expressed in the two bonds attached hereto, the Contractor agrees with the City, at its his own cost and expense, to do all the work and furnish all the materials, except such as may be furnished by the City, as set forth in the Specifications, necessary to construct and complete in a good, workmanlike and substantial manner and to the satisfaction of the City the following work: mobilization, traffic control, public notification, water pollution control, demolition, potholing of existing utilities, CCTV video surveillance of existing storm drain and sanitary sewer crossings both before and after construction, restoration of asphalt concrete, installation of fiber optic conduit, boxes, cable, splicing, video detection camera installations, traffic signal cabinet modifications, tracer wire installation, site cleanup; and all other work shown on the Plans and such other items or details that are required by the Plans, and specified in the Special Provisions, and also in accordance with all provisions of the 2022 edition of the State Standard Specifications, which said Special Provisions and State Standard Specifications are hereby specially referred to and by such reference made a part hereof.

The work to be done is shown on the Plans provided to Contractor in connection with the work to be performed hereunder, which Plans are hereby made a part of this contract.

2. The Contractor agrees to receive and accept $1,494,000.00 as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this agreement; also for all loss or damage, arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstruction which may arise or be encountered in the prosecution of the work until its acceptance by the City, and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work, and the whole thereof, in the manner and according to the Plans and Specifications, and the requirements of the Engineer under them.

Attachment 3

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3. The City hereby promises and agrees with the Contractor to employ, and does hereby employ, the Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the price aforesaid, and hereby contracts to pay the same at the time, in the manner and upon the conditions as provided; and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained.

4. Contractor is an independent contractor and is solely responsible for all acts of its employees, agents, or subcontractors, including any negligent acts or omissions. Contractor is not City’s employee and Contractor shall have no authority, expressed or implied, to act on behalf of the City as an agent, or to bind the City to any obligation whatsoever, unless the City provides prior written authorization to Contractor.

5. The Contract Documents may not be modified orally or in any manner other than by an agreement of the parties, in writing.

6. The Contract Documents, including but not limited to SP 9.09, are intended to provide the exclusive procedures for submission and resolution of Claims of any amount and apply in addition to the provisions of Public Contract Code § 9204 and §§ 20104 et seq., which are incorporated by reference herein.

7. Waiver of a breach or default under the Contract Documents shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of the Contract.

8. If any term of the Contract Documents (including any phrase, provision, covenant, or condition) is held by a court of competent jurisdiction to be invalid or unenforceable, the Contract Documents shall be construed as not containing that term, and the remainder of this Agreement shall remain in full force and effect; provided, however, this section shall not apply to the extent that enforcement of the Contract Documents without the term would be grossly inequitable under all the circumstances or would frustrate the purposes of the Contract Documents.

8. Time is of the essence to the terms of this contract.

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NOTICE TO CONTRACTOR: If a corporation, attach a certified copy of the Bylaws or the Resolution of the Board of Directors authorizing execution of this contract and the bonds required hereby.

IN WITNESS WHEREOF, the parties to these presents have executed this contract the year and date first above written.

ST. FRANCIS ELECTRIC, LLC
a California corporation
By:___________________________________
Contractor

CITY OF CONCORD,
a municipal corporation
By:___________________________________
Mayor
Email:_________________________________
APPROVED AS TO FORM:

By:__________________________________
City Attorney
ATTEST:

By:__________________________________
City Clerk

FINANCE DIRECTOR FUND CERTIFICATION

GL CODE ACCOUNT CODE AMOUNT
407-9500-C999-74200 407-2656-215-74200 $1,494,000.00

I hereby certify that adequate funds exist or will be received during the 2023-24 Fiscal Year to pay for the anticipated expenses to be incurred pursuant to this contract.

Director of Finance

AGREEMENT FOR PROFESSIONAL SERVICES
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28 THIS AGREEMENT (“Agreement”) is entered into on February 6, 2024, between the City of Concord (“CITY”) and MNS Engineers, Inc., 201 N. Calle Cesar Chavez Suite 300, Santa Barbara, CA 93103 (“CONSULTANT”).

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

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

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

1. TERM. This Agreement shall commence on February 6, 2024 and expire on June 30, 2025.

2. SCOPE OF SERVICES. Subject to such policy direction and approvals provided by the CITY's Authorized Representative, CONSULTANT shall provide consulting services for Treat Boulevard Fiber Phase 2 Project (City Project No. 2656) and Treat Boulevard Pavement Rehabilitation Project Phase 2 (City Project No. 2559), described in detail in Exhibit A, a proposal from MNS Engineers dated December 5, 2023, attached hereto and made a part hereof. CITY retains all rights of approval and discretion with respect to the projects and undertakings contemplated by this Agreement.

3. PAYMENT. The compensation to be paid to CONSULTANT including payment for professional services and reimbursable expenses, shall be at the rate and schedules in detail in Exhibit A. However, in no event shall the amount CITY pays CONSULTANT exceed nine hundred forty one thousand, five hundred and eight dollars and sixty cents ($941,507.60) for the term of this Agreement.

The total includes the sum of the base contract of eight-hundred fifty-five thousand nine hundred sixteen dollars ($855,916.00) and a 10% contingency of eighty five thousand six-hundred ninety- one dollars and sixty cents ($85,691.60). Any Amendment to this Agreement that includes an increase to this compensation amount shall be made in accordance with Section 5 below.

CONSULTANT may submit monthly statements for services rendered; all statements shall include adequate documentation demonstrating work performed during the billing period. It is intended Attachment 4

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28 that CITY review such statement and pay CONSULTANT for services rendered within 30 days of receipt of a statement that meets all requirements of this Agreement. Payment by CITY shall not be deemed a waiver of unsatisfactory work, even if such defects were known to the CITY at the time of payment.

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

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

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

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

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28 waiver of any and all right to adjustment in the price or time due, whether by way of compensation, restitution, quantum merit, or similar relief.

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

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

7. STANDARD OF PERFORMANCE. CONSULTANT represents and warrants to CITY that CONSULTANT is skilled and able to provide such services described in the Scope of Work and that such services shall be performed in an expeditious manner, and with the degree of skill and

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28 care that is required by current, good, and sound procedures and practices. CONSULTANT further agrees that the services shall be in conformance with generally accepted professional standards prevailing at the time work is performed.

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

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

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

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

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

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28 request, to the CITY without restriction or limitations on their use. CONSULTANT may retain copies of the above-described information but agrees not to disclose or discuss any information gathered, discussed or generated in any way through this Agreement without the written permission of CITY during the term of this Agreement, unless required by law.

10. INDEMNIFICATION.

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

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

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

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

B. Automobile Liability Coverage. CONSULTANT shall maintain automobile

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

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

D. Compliance with State Workers' Compensation Requirements.

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

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

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

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

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

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

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

14. TERMINATION. CITY may terminate this Agreement for any reason upon ten (10) days written notice to the other party. CITY may terminate the Agreement upon five (5) days written

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

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

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

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

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

16. CONFLICT OF INTEREST.

A. CONSULTANT covenants and represents that neither it, nor any officer or principal of its firm, has, or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of CITY or which would in any way hinder CONSULTANT’s performance of services under this Agreement. CONSULTANT further covenants that in the performance of the

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28 Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the CITY. CONSULTANT agrees to at all times avoid conflicts of interest, or the appearance of any conflicts of interest, with the interests of the CITY in the performance of this Agreement.

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

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

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

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28 County of Contra Costa, California.

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

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

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

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

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28 partnership between the parties. CONSULTANT, its officers, employees and agents shall not have any power to bind or commit the CITY to any decision.

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

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

To CITY: Carlton Thompson, City Engineer
Community Development Department
City of Concord
1950 Parkside Drive
Concord, CA 94519-2578
Phone: (925) 671-3182
Fax: (925) 798-8692
Email: [email protected]
To CONSULTANT: Greg Chelini
MNS Engineers, Inc.
2219 Buchanan Road, Suite 11
Antioch, CA 94509
Phone: (805) 896-9474
Email: [email protected]

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

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

This Agreement may be executed in several counterparts, each of which shall constitute one and

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28 the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.

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

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

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

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28 CONSULTANT CITY OF CONCORD, a Municipal
Corporation
By:_________________________________ By:______________________________ Name: Greg Chelini Name: Valerie Barone
Title: Vice President Title City Manager
Address: 201 N. Calle Cesar Chavez Suite 300 Address: 1950 Parkside Drive Santa Barbara, CA 93103 Concord, CA 94519
Telephone: (805) 896 - 9474 Telephone: (925) 671-3150
Email: [email protected]
APPROVED AS TO FORM: ATTEST:

Susanne Brown Joelle Fockler, MMC
City Attorney City Clerk
Date: _____________________________, 2024
FINANCE DIRECTOR'S CERTIFICATION:

Concord, California
Date: _____________________________, 2024

I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEAR 2023/24 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.

THE SUM OF $941,507.60
Account Code: 407-9500-C999-74250 / 407-2559-117-74250

Finance Director's Signature

Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr Ma y Jun 22,936.00$
152 168 765,380.00$
Project Closeout 67,600.00$
Role N
ov Dec Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun Project Manager / Resident Engineer 40 40 285.00 11,400.00$ Construction Inspector 0 198.00 -$
Construction Inspector 16 16 198.00 3,168.00$
Scheduler 16 16 250.00 4,000.00$
Office Engineer 24 24 182.00 4,368.00$
0 96 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 96 22,936.00$
Project Manager / Resident Engineer 60 80 80 80 80 80 80 80 80 60 760 285.00 216,600.00$ Construction Inspector 40 172 172 172 172 172 60 960 198.00 190,080.00$ Construction Inspector 40 120 120 120 400 198.00 79,200.00$ Construction Inspector 60 120 120 120 60 480 190.00 91,200.00$ Scheduler 12 12 8 8 8 8 8 8 8 8 88 275.00 24,200.00$
Office Engineer 30 30 30 30 30 30 30 30 30 30 300 182.00 54,600.00$ 0 0 142 242 238 278 350 410 410 410 350 158 0 0 0 0 0 0 0 0 2988 655,880.00$ Project Manager / Resident Engineer 60 60 120 285.00 34,200.00$ Construction Inspector 40 40 198.00 7,920.00$
Office Engineer 80 60 140 182.00 25,480.00$
0 0 0 0 0 0 0 0 0 0 0 0 180 120 0 0 0 0 0 0 300 67,600.00$ 142 242 238 278 350 410 410 410 350 158 180 120 0 0 0 0 0 0 3384 746, 416.00$
Anticipated Salary Escalation $0.00
Total Labor 746,416.00
5,000.00$
5,000.00$
Sub Consultants
Materials Testing 104,500.00$
104,500.00$
855,916.00$
Notes:

1. Hours per month based upon eigh-hour working days.

2. Estimate doesn't include any overtime (OT) hours. However, should OT hours be required due to contractor's schedule, non-exempt employees are subject to OT regulations (time and a half and doubletime).

4. Prevailing Wage (PW) rates subject to PW adjustments.

5. Field Office not included, our Antioch office will be used for office work.

6. Support not included for delays due to weather, CCO, R/W, and claims filed by contractor in response to the Proposed Final Estimate.

7. Detailed task list is provided in our Scope of Work contained in our Proposal

PRE-CONSTRUCTION SUBTOTAL

PROJECT CLOSEOUT
Mauricio Rivera, PE
Mauricio Rivera, PE
Zoon
Lynn Neilsen
Marie Dunne

CONSTRUCTION
Pat McCard
Said Najafi
Construction Management Services
Treat Boulevard Fiber and Pavement Rehabilitation Project (Phase 2) City of Concord
2025 TOTAL
HOURS
Project Schedule
2023 2024 2025
TASK
S
TASKS

PRE-CONSTRUCTION
TOTAL COST 2023 2024
Pre-Construction
Construction
Staff
HOURLY
RATE
AME

SUB-TOTAL
Lynn Neilsen
Marie Dunne

PROJECT CLOSEOUT SUBTOTAL
Said Najafi
Pat McCard

3. Construction durations is 80 days starting in January 2024 for the Fiber Optic project and 135 days starting in April, 2024 for the Pavement Rehabilitation project. In regrds to inspection, we treated as 2 separate projects since assume will have 2 concurrent operations. Sidewalk and Bioretention options in the Pavement Rehabilitation project are not included in the hours estimated above.

PROJECT TOTAL
Lynn Neilsen

CONSTRUCTION MANAGEMENT SUBTOTAL
Mauricio Rivera, PE
Miscellaneous
TOTAL
Direct Expenses
Marie Dunne

SUB CONSULTANTS SUBTOTAL
Exhibit A to Attachment 4

Mr. Mauricio Rivera, PE
Senior Construction Manager
MNS Engineers Inc.
401 Grand Ave., Ste. #500
Oakland, CA 94610
Subject: Proposal for Material Testing Services- Quality Assurance Project No. 2559 Treat Blvd. Pavement Rehab. Phase 2, Concord Dear Mr. Rivera:

Fees: A. Hourly and Unit Costs & Basis of Charges.

B. Budget Estimate.

Please call if you have questions. We look forward to the opportunity of working with the Team.

Sincerely,
APPLIED MATERIALS & ENGINEERING, INC.

Mohammed Faiyaz, PE
Senior Project Manager
December 4, 2023
As requested, we are pleased to submit this proposal for providing material testing services for the subject project. The following items are included:

The fee proposal is based on a review of project specifications, information provided, and past experience with similar projects. Assumptions made are clearly stated; our desire was to provide thorough competitive fees.

Per Hour
1 HMA Sampling, Group 3 $122.00
2 Compaction Testing, Group 3 $122.00
UNIT TEST COSTS Per Set
1 Concrete Compression, per set of 5 (includes pick-up) $400.00 2 Sieve Analysis, each $240.00
3 Sand Equivalent, each $125.00
4 Cleanness Value, each $280.00
5 Moisture Content, each $55.00
6 Durability Index, each $280.00
7 LA Abrasion $750.00
8 Concrete Aggregate Tests (2 Sieves, 1 Cleanness value, 2 moisture content, 1 sand eq.) $995.00 9 HMA JMF Verification or Production Startup, each $8,000.00 10 HMA Production Testing, each $4,500.00
11 Moisture-Density Curve or Cal Impact Test, each $650.00 12 Core Density, each $120.00
13 CIR IDT $800.00

OTHER COSTS
1 Project Management, per hour $195.00
2 Final Affidavit, each $400.00

BASIS OF CHARGES
Minimum charge per call-out, show-up: 4 Hours
Work from 4-8 hours: Actual Time
Travel to job site: Portal-to-Portal
Mileage to shop & jobsite: $0.75 per mile
Parking: To be provided
Work over 8 and up to 12 hours per day, or on Saturday, per hour Time & One Half Work over 12 hours per day, or on Sundays and Holidays, per hour Double Time

CITY OF CONCORD
TREAT BOULEVARD PAVEMENT REHAB- PHASE 2

MATERIAL TESTING FEES- QUALITY ASSURANCE
A. HOURLY AND UNIT COSTS & BASIS OF CHARGES

INSPECTION RATES
The estimated fees are based on the following State and Federally mandated prevailing hourly inspection rates and unit tests costs. Rates will be adjusted in accordance with DIR prevailing wage adjustments; certified payroll, if required, will be billed at higher rates.

PROJECT NUMBER 2559

1 Hotmix Asphalt & Sub-Grade Compaction $ 57,808.00
2 CIR Sampling 41,216.00
3 Mileage Allowance 720.00
4 Project Management 4,680.00
SUB TOTAL $ 104,424.00
1 Basis:
a) Hotmix Sampling: 64 hours @ $122.00 per hour $ 7,808.00 b) Production Startup Testing 1 @ $8,000.00 each 8,000.00 c) HMA Production Testing: 7 @ $4,500.00 each 31,500.00 d) Core Density 36 @ $120.00 each 4,320.00
e) Compaction- Soil 40 hours @ $122.00 per hour 4,880.00 f) Moisture-Density Curve 2 @ $650.00 per hour 1,300.00 $ 57,808.00
2 Basis:
a) CIR Sampling: 128 hours @ $122.00 per hour $ 15,616.00 b) CIR IDT: 32 @ $800.00 each 25,600.00
$ 41,216.00
3 24 trips @ $30.00 per trip $ 720.00
4 24 hours @ $195.00 per hour $ 4,680.00
TOTAL $ 104,424.00

CITY OF CONCORD
PROJECT NUMBER 2559

MATERIAL TESTING FEES- QUALITY ASSURANCE
Hotmix Asphalt & Sub-Grade Compaction
TREAT BOULEVARD PAVEMENT REHAB- PHASE 2
There is ~9000T of Type G HMA. Per schedule, RHMA will be placed in 8 days. We are budgeting for daily sampling. We are assuming that the JMF's will be verified. We will test the density of cores every 250T; cores to be removed by QC. In addition, we are budgeting for 10 compaction tests and two moisture-density curves.

B. DETAILED FEES BY DISCIPLINE

SUMMARY OF FEES

BASIS FOR FEES
For each of the disciplines requiring our services we have provided the basis used by us for determining the fees. The following is a summary of our testing and inspection fees, followed by a detailed breakdown:

Sub-Total
Project Management
Mileage Allowance
CIR Sampling
Sub-Total
Per schedule, CIR will take 16 days. Wea re budgeting for daily sampling and two CIR lab tests per day.

Staff Report
Date: February 6, 2024
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kevin Marstall, PE, Director of Community Development Prepared by: Leng Power, Community Services Manager
[email protected]
(925) 603-5838
Subject: Considering acceptance of Homeless Strategic Plan.

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

Report in Brief
The Homeless Strategic Plan Working Group held its final meeting on January 22, 2024, resulting in the finalization of a comprehensive Homeless Strategic Plan, which they have directed staff to forward to Council for review and acceptance.

Recommended Action
Accept the Homeless Strategic Plan (Attachment 1).

Background
After a 2022 survey commissioned by the City to evaluate satisfaction with municipal services and overall quality of life in Concord, 51% of respondents identified homelessness as the primary concern for the City. In response, the City Council prioritized the development of a Homeless Strategic Plan (Plan). The Council wanted to define how the City, with its limited resources and no direct funding for homeless programs, fit into regional and state-wide efforts to decrease homelessness and provide appropriate supports and in doing so minimize the community impacts from homelessness. Council directed staff to adopt a project approach that incorporates extensive public outreach and guidance from a Council-appointed Working Group.

Council’s objective was to create a data-driven plan with measurable goals and

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

City Council Agenda Report
Agenda Item No. 5.a
February 6, 2024
strategies, along with identification of potential funding sources for implementation and sustainability.

Between October 2022 and January 2023, staff worked with the City Council to establish a nine-member Homeless Strategic Plan Working Group to advise staff, the consulting team, and the Council on the development of the Homeless Strategic Plan.

The Working Group was initially comprised of the following nine members:
 Two Concord City Councilmembers.
 One representative with lived experience of being homeless.  One representative from a nonprofit homeless services provider.  One representative that is a substance abuse professional.  One representative that is a mental health professional.  One representative that is a Concord resident and property owner.  One representative that is either from Concord’s business community or an owner of commercial property in Concord.
 One representative that is a veteran homeless services provider.

On May 2, 2023, the City Council added two additional members to the Working Group to create a more comprehensive and diverse panel of advisors:
 One representative that is from, or that has experience working with, the LGBTQI+ community.
 One representative that is an active owner or manager of a business based in Concord.

On February 14, 2023, the City Council (Council) authorized a scope of work for development of the Plan involving three major phases of development. The initial phase concluded on June 27, 2023 and a draft Background Report synthesizing data collection, analysis, community feedback, and stakeholder input was presented to Council for review and input; this input is incorporated into the final Background Report (Attachment 2). On August 22, 2023, Council endorsed a Vision Statement for the Plan and provided feedback on proposed goals and preliminary strategies. On November 7, 2023, Council endorsed the Plan goals and provided guidance on the proposed strategies. A timeline and listing of all key events is included as Attachment 3.

Analysis
Nearly 12 months were devoted to collecting community input, administering surveys, coordinating focus group and Working Group sessions, and conducting thorough research. The initial two community meetings took place in May, followed by two more

City Council Agenda Report
Agenda Item No. 5.a
February 6, 2024
in November. In total, 23 public meetings occurred from February 2023 to February 2024, alongside focus group sessions and numerous interviews. The insights gathered through this extensive process were employed by the staff, consulting team, and Working Group to create and enhance a comprehensive Homeless Strategic Plan.

The final Plan is comprised of three main components: vision, goals, and strategies.

Council previously endorsed the vision statement which serves as a guiding principle, helping to align the efforts and actions of stakeholders involved in the Plan. It communicates the City's ultimate purpose and the positive impact it seeks to make. The following is the Council-endorsed vision statement:
“The City of Concord envisions a community where every person has a safe, affirming, stable place to live. This vision endeavors to reduce homelessness through community involvement, collaboration with partner agencies (both government and non-government partners) and enhanced services that are carried out in a dignified, compassionate, and equitable manner.” Council endorsed the goals which provide a clear roadmap and direction for the implementation of the Plan. They are the desired outcomes that, when accomplished, contribute to fulfilling the broader vision. The following are the Council-endorsed goals:
 Increase coordination of emergency response efforts
 Strengthen system support with government and non-government agencies  Create immediately accessible temporary housing
 Explore avenues of equitable support for target populations  Increase homeless prevention services
 Create a safe place for the unhoused to dwell
The following strategies within the Plan are actions the City may undertake to achieve the Plan’s stated goals. These strategies were developed by the Working Group through feedback from stakeholders and utilization of an evidence based, best practice framework:
 Mobile Resource Center
 Rapid Re-Housing
 Interim Housing Models
Scattered Site
Scattered Site Tiny Homes
Centralized Tiny Homes
Interim Motel Housing

City Council Agenda Report
Agenda Item No. 5.a
February 6, 2024
While not called out as any specific strategy, the Working Group emphasizes within the Plan that increased staffing capacity is needed as part of successful implementation of Plan elements and engaging in critical resource development activities such as funding research, submitting grant applications, and program oversight and evaluation. As staff works with Council to implement strategies within the plan, consideration will be given to whether additional resources are needed and the potential funding sources.

Next Steps
Upon acceptance, the Homeless Strategic Plan will transition into the implementation phase. Under Council direction, staff accelerated this work by submitting a grant application to the State of California for Encampment Resolution Funding. If the $4.7 million grant is received, staff will begin implementation of the Mobile Resource Center and Interim Motel Housing strategies which would provide services to 300 people annually and temporarily house 116 of them. Of this amount, staff anticipates that 58 individuals can be permanently housed in partnership with Contra Costa County.

Between now and when the grant awards are announced (expected in March/April), staff will be developing requests for proposals, meeting with stakeholders, and finalizing the operational and logistical details of strategy implementation. If the City is successful at receiving grant awards, staff will return to Council to accept and appropriate those funds. Whether or not grant funds are received, staff will return to Council to request an appropriation of available funding while laying out a detailed plan for implementing the Mobile Resource Center and Interim Motel strategies. It should be noted that, if grant funds are not received, the Interim Motel strategy will need to be scaled back due to limited amount of available funds.

The stand up and implementation of the Mobile Resource Center and Interim Motel Housing strategies will keep staff occupied until January 2025. Staff proposes these two strategies as a starting point because of available funding opportunities and the high impact and moderately low resource when compared to other strategies.

Financial Impact
If all Plan strategies were implemented, the estimated first-year costs are estimated to be approximately $4.8 million, and the ongoing annual costs are estimated at approximately $3 million. Staff does not recommend that all strategies be implemented at the onset, but rather, strategies be implemented based on staff resources, funding opportunities, and immediate needs. As previously stated, the City applied for $4,784,667 in grant funding for two of the six strategies identified in the Plan. Staff will continue to pursue additional sources of funding to implement the remaining strategies.

Costs associated with implementation of all six strategies are anticipated to be funded with $5.4 million of one-time funding (ARPA and Measure V) set aside to support addressing the needs and the impacts from Concord’s unsheltered. Approximately $2.3 million of these funds are earmarked for the Mobile Resource Center and Interim Motel

City Council Agenda Report
Agenda Item No. 5.a
February 6, 2024
Housing strategies. In consultation with Council, the remaining $3.1 million will be used as leverage for implementing other strategies within the Homeless Strategic Plan.

Timing of this is dependent upon whether the City receives grant funding and availability of staff resources.

Staff will be focused on the Mobile Resource Center and Interim Motel Housing strategy until approximately January 2025; however, staff will continue seeking ongoing funding sources for implementation of the other strategies and the long-term sustainability of effective programs and interventions. If council wishes to accelerate the implementation of other strategies within the plan, additional staffing resources will be necessary, as the implementation of the first two strategies will put staff at full capacity.

Environmental Determination
Pursuant to the California Environmental Quality Act of 1970, Public Resources Code Section 21000, et seq., as amended and implementing State CEQA Guidelines, Title 14, Chapter 3 of the California Code of Regulations (collectively, “CEQA”) these activities do not constitute a “project” within the meaning of Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(3), and/or 15378, because they have no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, are exempt pursuant to CEQA Guidelines Sections 15262, 15273, and/or 15306 because they consist of feasibility and planning studies and/or information collection. No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. This determination reflects the City’s independent judgment and analysis. Individual projects will undergo CEQA analysis as necessary.

Public Contact
The City Council Agenda was posted.

Attachments

1. Concord Homeless Strategic Plan

2. Update to Background Report

3. Timeline and listing of key events

Concord 2023
Homeless Strategic Plan
12 / 13 Draft
DRAFT
February 2024
Attachment 1

We extend our sincere appreciation to the members of the Strategic Planning Working Group ad hoc committee for their invaluable partnership throughout the development of this Plan. The Homeless Strategic Plan Working Group is a Council appointed special pu rpose Working Group to advise staff, the consultant team, and the Council on the development of the Homeless Strategic Plan. This Strategic Plan has been collaboratively crafted by City staff in conjunction with Thurmond Consulting, the City of Concord. A special acknowledgment is owed to the City of Concord and Concord City Council for their unwavering support in data collection and feedback provision. Gratitude also goes to the service providers, local government staff, business partners, and other community members whose participation in interviews, focus groups, and community meetings enriched this endeavor with their diverse experiences and insightful perspectives. Our heartfelt thanks go out to the Concord residents facing homelessness for generously sharing their time and expertise, guiding us with their invaluable input.

WORKING GROUP MEMBERS
• Laura M. Nakamura Chair
• Edi E. Birsan Vice Chair
• Brandi Martinez Lived Experience Representative
• Cora Mitchell Mental Health Professional
• Dana Johnson LGBTQI+ Community Representative
• David Litty Owner/Manager of a Business Based in Concord Representative • Eric Rehn Business Community Representative
• Kelly McKinley Nonprofit Homeless Services Provider • Lance Goree Concord Resident and Property Owner
• Leonard Ramirez Veteran Homeless Services Provider
• Linda Jacob Substance Abuse Professional
• Christy Saxton* Contra Costa County Technical Assistance

CITY COUNCIL
• Edi Birsan Mayor
• Carlyn Obringer Vice Mayor
• Dominic Aliano Councilmember
• Laura Hoffmeister Councilmember
• Laura Nakamura Councilmember

CITY STAFF
• Leng Power Community Services Manager (HSP Project Manager) • Valerie Barone City Manager
• Justin Ezell Assistant City Manager
• Jennifer Nylander Administrative Coordinator
• Jen Chesterman Administrative Clerk

ACKNOWLEDGEMENTS

City of Concord | DRAFT Homeless Strategic Plan 1

TABLE OF CONTENTS

EXECUTIVE SUMMARY................................ ................................ ................................ ..................... 2 DATA RELEVANT TO STRATEGIC PLANNING ................................ ................................ ..................... 4 METHODOLOGY ................................ ................................ ................................ .............................. 6 GOALS AND STRATEGIES ................................ ................................ ................................ ............... 10 IMPLEMENTATION PLAN ................................ ................................ ................................ ............... 20 STRATEGIES FOR FUTURE CONSIDERATION ................................ ................................ .................. 31 NEXT STEPS ................................ ................................ ................................ ................................ .... 35

City of Concord | DRAFT Homeless Strategic Plan 2
Executive Summary
The Homeless Strategic Plan is intended to guide future City efforts and investments responding to the impacts from and the needs of Concord’s unsheltered population. The City Council established an eleven-member Working Group that acted as an advisory body to City Council, staff, and the project consultants throughout development of th is Homeless Strategic Plan. On August 22, 2023, the Concord City Council endorsed the Homeless Strategic Plan vision recommended by the Working Group as follows.

The City Council initiated this Strategic Plan with the goal of reducing the number of individuals experiencing homelessness in Concord and reducing the impact to the community. These were the two primary concerns voiced by residents in Concord , as confirmed by a statistically valid survey done by the City where most respondents identified homelessness as the most pressing issue facing Concord. Based on interviews with community members and refined by the Working Group, the six goals for the strategic plan were identified. Council endorsed the following goals on November 7th, 2023:

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The Working Group considered a wide range of projects and programs while developing a set of core strategies to carry out this Plan. The addition of staffing to seek out funding opportunities and partnerships, and to carryout programs is a key component of these strategies. The Working Group also highlighted the need for a project implementation approach that focuses on effective operational policies. While many strategies considered by the Working Group were not selected as priorities, they are listed in this document for background information and future consideration.

The following table summarizes the estimated costs and number of persons served for all core strategies. It is estimated that around 444 - 616 persons could be served, costing $4,795,686 for 1st -year costs and $3,018,686 for ongoing annual costs. For interim housing strategies, residents are expected to move out within 3 -6 months (based on similar program structures.)

STRATEGY ANTICIPATED

PERSONS SERVED

ANNUALLY

START-UP COST

ESTIMATES

ANNUAL COST

ESTIMATES
TOTAL 1ST-

YEAR COST

ESTIMATES
Mobile Resource
Center
200 – 300
(unduplicated)
$305,000 $636,000 $941,000
Rapid Re-Housing 20 – 30
(avg $2,000 monthly)
$0 $620,000 $620,000
Scattered Site
Interim Housing
24 – 36
(6 month stay)
$122,000 $232,000 $354,000
Centralized Interim
Tiny Homes
60 – 75
(6 month stay)
$850,000 $522,000 $1,372,000
Scattered Site
Interim Tiny Homes
60 – 75
(6 month stay)
$500,000 $187,000 $687,000

Motel Interim
Housing
80 – 100
(6 month stay)
$821,686 $821,686 $821,686

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Scattered housing and scattered tiny homes refer to two different approaches to residential development, and their key differences lie in the scale, size, and often the philosophy behind the housing units. This term typically refers to individual houses or small groups of houses dispersed over a relatively large area. These houses are not clustered together but are spread out, creating a more suburban or rural feel. They may have larger plots of land and more space between each dwelling. While still scattered, tiny homes are generally characterized by their small size, often ranging fr om a few hundred to a few square feet. These homes may be part of a scattered housing approach, but the emphasis is on the compact size of the dwellings.

Data Relevant to Strategic Planning
As a precursor to drafting the goals and strategies, the Working Group and staff reviewed historic and current data to understand the background and current landscape of homelessness within the City of Concord. The full Background Report on Homelessness can be accessed via the City website. Within this report, a number of services already being provided in the City of Concord were identified and consolidated into an service map. The full list services identified are included in Attachment A and the interactive Concord Service Map is open to public review and can be accessed online or from the City website. The information below provides some additional key data utilized for the development of the plan goals and strategies.
2020 Contra Costa Point In Time Count
The Point-in-Time Count (PIT) is an annual survey that takes a snapshot of both sheltered and unsheltered individuals experiencing homelessness on a single night in January. The U.S. Department of
Housing and Urban
Development (HUD)
mandates a sheltered
count every year and
an unsheltered count
every other year
(specifically in odd -
numbered years). In
the context of PIT,
"sheltered" refers to
those residing in
emergency shelters,
transitional housing,
and Safe Havens. On
the other hand, "unsheltered" inclu des individuals residing in places not intended for

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human habitation, such as vehicles, abandoned buildings, bus/train/subway stations, airports, or anywhere outdoors. The table above illustrates the dynamic nature of homelessness from 2018 to 2020. For the purposes of this report, data from the 2018 - 2020 Point-in-Time Count (PIT) are included, while the 2022 count is excluded due to inconsistencies in the data.

In 2020, the City of Concord contributed to approximately 10% of the total count of unsheltered individuals, totaling 160 unduplicated individuals. The 2023 homelessness numbers are comparable to the pre -COVID-19 era, showing a 4% increase since 2020.

Notably, the unsheltered population saw the largest increase, with 1,653 individuals in 2023 compared to 1,570 in 2020. The sheltered portion of the PIT experienced a 12 - person increase from 2020.

Among the surveyed adult -only households (without children), 71% were unsheltered, while approximately 50% of households with children were experiencing unsheltered homelessness. Additionally, within Contra Costa County, 49% of surveyed adults reported having a serious mental health condition, 51% had a substance abuse disorder, 30% were victims of domestic violence, 5% were Veterans, and 67% met the criteria for chronic homeless status.
2022 H3 Annual Report
Health, Housing, and Homeless Services (H3) produces an annual report each calendar year for the Council on Homelessness to describe the populations served and service utilization within the Continuum of Care (CoC). While the Annual Report is not directly related to unsheltered reporting, there is a great deal of useful information that can be gleaned from these reports. Specifically, they provide useful insight into regional physical and mental health trends and volu me of persons utilizing public services. One -in-five residents in the county is covered by Contra Costa Health Plan; almost all members are on MediCal and 66% are people of color.

According to H3 CORE Outreach Team between the timeframe of January 1, 2022, and May 11, 2023, approximately 1,627 unduplicated clients were provided outreach services.

Of the 1,627 clients, 643 stated that they lost housing in Concord, resulting in homelessness (39.52%). Throughout the County, 90.96% of the clients stated their prior living situation was a place not meant for habitation, and 5.59% stated their prior living situation was an emergency shelter (including hotel or motel paid for by a non -profit agency). Nearly 70% of clients the CORE Team made connections with reported sleeping in Concord the night prior to entering HMIS (1,133 individuals).

During 2022, the CoC served 7,725 households (10,600 individu als) during 2022, reflecting a 3% increase from 2019, the year before the COVID -19 pandemic greatly impacted the county. Concord was third highest City in the region for housing loss (909

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persons.) 293 persons were served by the Concord Warming Center and 255 by the Concord shelter.
1,169 households were served through prevention and diversion for households at -risk of homelessness or newly homeless and not yet engaged in CoC services . 5,848 households were served in crisis response programs for households in sheltered and unsheltered sleep settings .1,166 households were served in permanent housing programs for households that had been homeless and were subsequently placed into permanent housing through supportive services
Out of the 7,725 households served during 2022, 3,370 (44%) were able to retain or exit to permanent housing , 90% of household enrollments in prevention and diversion programs exited to permanent housing. 29% of household enrollments in crisis response programs exited to temporary or permanent housing and another 9% entered into emergency shelter. 96% of household enrollments in permanent housing programs either retained their housing or exited to other permanent housing Methodology
The City Council appointed members of the community to the Working Group to guide and make recommendations regarding all elements of the Plan development and a consultant was hired to facilitate the process. The City Council provided oversight and final approval of the Plan. Creation of this Plan involved robust community participation that included residents, businesses, individuals with lived experience, service providers, and faith-based groups, etc. Preparing a detailed background report was the initial step that served as the Plan’s foundation, as it outlines the current landscape of system and community services. This report delineated the service locations, associated strategies, challenges, and costs. Additionally, it delved into unmet needs, system gaps, and performance metrics, providing a comprehensive overview. Federal, state, and regional/county data were integral in understanding roles, funding sources, and strategic approaches. These insights served as pillars in the formulation of the Plan. The development phase centered on crafting a clear vision, establishing well -defined goals, and setting measurable performance targets. These elements are crucial for tracking progress and accountability. The strategy prioritizations and implementation timeline included herein are guiding principles, and City Council has full discretion to revise the Plan at any point.

Plan Development with Working Group
The Working Group was comprised of eleven members including: two City Councilmembers, one representative with lived experience of being homeless, one representative from a nonprofit homeless services provider, one substance abuse

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professional, one mental health professional, one Concord resident and property owner, one representative from the Concord business community, one veteran homeless services provider representative, one representative with experience working with the LGBTQI+ community, and one representative that is an active owner or manager of a business based in Concord. All Working Group meetings were open to the public with opportunities for public comment.

During Phase One, the Working Group gathered information regarding existing structures for homeless services, Emergency Shelter concepts, City of Concord - supported initiatives addressing homelessness, overviews of Contra Costa Health Housing and Homeless (H3) Services and their coordination role in homeless response, as well as insights into California Advancing and Innovating Medi -Cal, also known as "CalAIM." The Working Group actively contributed input and feedback on preliminary surveys and the Background Report, offering perspectives on emerging trends and best practices. Additionally, the group received data from community and stakeholder meetings, encompassing participation rates, feedback, strategy recommendations, and general comments.

The Working Group received a presentation from Concord’s Police Department on public safety responses in relation to homelessness within the City of Concord. The group reviewed emerging trends from the three ongoing surveys targeting Lived Experience, Service Providers, and the Community. Furthermore, they assessed the project ti meline in alignment with the established Vision and Goals, preparing for the upcoming strategy development phase. The Thurmond Team facilitated a discussion within the Working Group, guiding them in crafting the Vision statement and outlining the process f or Goal development.

During Phase Two, the Working Group examined drafts of the vision statement and examples of goals and strategies, aiming to refine and reach a final consensus. In the course of their deliberations, the Working Group was presented with two informative sessions: one detailing Trinity Center programs and services for individuals facing homelessness or at risk, and another discussing the programmatic and operational aspects of Camp Hope. The City Council received a condensed version of survey results then provided valuable feedback to the Working Group on proposed goals and strategies.

Council feedback, along with evidence -based, results -driven components, including financial analysis and implementation scenarios, helped inform the finalization of the Plan’s goals and strategies.

During Phase Three, the Working Group finalized the strategies and goals for the Plan, including strategy funding and implementation.

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Stakeholder Participation & Community Meetings
Six public meetings were held specifically to receive feedback and input from stakeholders. This included four community meetings, one meeting with the business community, and one with service providers and faith -based organizations. City Council and Working Group meetings were open to the public, with each having the opportunity for the public to weigh in and were well attended.

In total, Thurmond Consulting conducted over 20 interviews, focus groups, and meetings with various stakeholders, including individuals with lived experience of homelessness, community leaders, government officials, business representatives, and non -profit organizations. Key interviews were conducted with H3/CoC Homeless Management Information System (HMIS) data staff, CORE/CIU/Police Department, Director of Contra Costa Health, Housing and Homeless Services, and representatives from various organizations contributing to homeless services.

City Council Input
The City Council received status updates and provided input on June 27, 2023, August 22, 2023, November 7, 2023 , and February 6 , 2024. These were public meetings with additional opportunity for the public to provide comment. In these public meetings, Council was able to provide guidance and input to the Working group on the Strategic Plan Vision Statement, Goals, and Strategies. The Plan was accepted by Council at the __________meeting.

Community Surveys
As discussed previously, three surveys were conducted to provide another mode to solicit input: a survey of persons with lived experience of homelessness in Concord; a homeless service provider survey; and a general community survey (in both English and Spanish).

Respondents to the community survey included working residents (36%), business owners (18% accumulated), and retired/unemployed residents (46% accumulated). The top concerns that the community identified were trash and rubbish in homeless encampments (84%) and safety in parks or other public spaces (68%). Community members were invited to provide written comments to give additional information or context to their concerns. About half of respondents provided additional comments; primarily concerned for publi c safety due to use of illegal substances and disruptive behavior in public spaces.

Additional comments emphasized the need for immediate solutions to public behavior.

Contrary to the lived experience and service provider surveys, community members felt that one of the largest barriers was unhoused persons unwillingness to access shelter or

City of Concord | DRAFT Homeless Strategic Plan 9
housing. The survey results revealed that three most difficult barriers identified for unhoused persons to achieve stable housing were related to mental health (77%), substance use (67%), and refusal to access shelter (44%). It is worth noting that unaffordable housing cost was indicated as a significant barrier (42%) but did not take precedent over the previous mentioned areas.

Respondents to the survey completed by homeless service providers (shelter, health provider, food, and hygiene supplies, etc.) involved a majority of providers that serve individuals with substance use and mental health needs (66%) , persons over the age of 60 (82%), and persons with a disability (76%). These service providers indicated that the three most difficult barriers unhoused persons face to achieve stable housing were related to household income (76%), unaffordable housing costs (70%), and mental health Issues (64%). When asked what they believe are the most needed services for homeless in the City of Concord, they indicated the need for affordable housing with supportive services on site (88%), housing with affordable rent (82%), mental health servi ces (58%), necessities such as food and clothing (42%), and help accessing these services (42%).

These respondents identified the top services that were needed by persons of lived experience are: help locating a place to live (60%), housing with affordable rent (60%), and legal camping/parking (46%).

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Goals and Strategies
The following provides an analysis of strategies developed by the Working Group. All recommended strategies are evidence-based practices as documented at the end of this report. It should be noted that there are nearly as many types of strategies to address homelessness as there are cities that are dealing with this issue.

The key to a successful plan to address homelessness will be to ensure that programs are operated by experienced and dedicated organizations with staff capacity and sufficient funding for proper administration. In addition, it is crucial that programs generate broad-based community support for future sustainability. The City will need to consider not just the best strategy, but whether there will be sufficient resources to effectively manage the program long -term. The Working Group emphasized the need for g rant writing support for all the approved strategies so that ongoing funding can be secured and maintain long -term program sustainability. Operators of programs should be experienced and value the need for a person ‑centered approach that focuses on the individual’s needs with an understanding of the lived experience of homelessness and of traumas that individuals may have experienced.

The success of any homelessness intervention hinges on a multifaceted approach that values diversity in experience and perspectives. It's imperative that programs are guided by a spectrum of voices and insights from individuals who have varied experiences and backgrounds. An equitable approach acknowledges the unique challenges faced by different communities within the homeless population, recognizing that solutions must be tailored to meet these diverse needs. Moreover, a commitment to equity ensures that strategies consider cultural competence, acknowledging the distinct circumstances and barriers faced by marginalized or underrepresented groups. By embracing diversity in both program design and implementation, we not only foster inclusive solutions but also cultivate a deeper understanding of the complex factors contributing to homelessness.

This approach not only enhances the effectiveness of initiatives but also reinforces the broader fabric of our community, promoting fairness and inclusivity in our eff orts to address homelessness.

By adopting and designing strategies to include fair policies and systems that aim to promote equality and eliminate obstacles, the City improves its chances of securing current and future funding. Starting a program with a focus on equity and fairness ensures that it remains in alignment with State and Federal funding programs.

City of Concord | DRAFT Homeless Strategic Plan 11
STRATEGY: MOBILE DECENTRALIZED RESOURCE CENTER

A mobile, decentralized resource center is envisioned to provide services at three separate outreach locations to be determined by City staff and City Council. The program would operate like Healthcare for the Homeless (HCH). HCH currently provides mobile healthcare and behavioral health services to patients who are experiencing homelessness at several sites across the county. HCH mobile clinics are open and free to all who are experiencing homelessness, regardless of insurance or immigration status.

County staff suggest a mobile service center operating three days per week at three separate sites in Concord. The City would allocate funding to a program operator to assist with staffing the direct services for the project. Additionally, the City would hire in ternal staffing to provide administrative coordination of services along with ongoing funds.

Delivery of mobile services to homeless individuals can be implemented more quickly than through the development of a traditional “brick and mortar” center, but services offered are more limited. Mobile programs provide services near areas where homeless individuals are currently residing (encampments, parking lots, or public properties), thereby increasing access and the likelihood that individuals will get the help they need to transition out of homelessness. A decentralized service program, such as a “st reet medicine” program, provides better equity when it comes to serving marginalized and hard to reach populations. According to the 2023 California Street Medicine Landscape Survey and Report, street medicine is a critical access point for people of color, with 25% of patients utilizing this program identifying as Black and 23% identifying as Latino/x.

Funding for street medicine programs is currently easier to identify and secure compared to other service models. Street medicine programs in California are sponsored by several different types of institutions, including Federally Qualified Health Centers (FQHC; 48%), 501c organizations (16%), hospitals (12%), government agencies (12%), and academic institutions (8%).

The development of a mobile, decentralized resource center received strong support from the Working Group, Contra Costa County, and community members. HealthCare for the Homeless program staff showed support for the strategy by indicating their willingness to partner and implement such a program to leverage and enhance existing services. The decentralized resource center model can be effective in getting persons experiencing homelessness into services and programs leading to housing.

The city would hire internal staffing to provide administrative coordination of services along with ongoing fund development. Services to be provided at the mobile resource center would likely include:

City of Concord | DRAFT Homeless Strategic Plan 12
• Case management
• Shower/bathroom trailers
• Hygiene/food distribution
• Referrals to healthcare, income
assistance, employment, and housing
programs
• Basic medical care
• Tuberculosis testing and treatment
• Free, confidential, on-site infectious
disease testing including STD and
health screenings (such as for diabetes)
• Immunizations
• Assistance with wound and medication
management
• Referral to mental health and substance
use treatment
• One-on-one behavioral health
therapeutic case management and
referrals as needed
• Dental services (dental clinics only)
• Enrollment help for health insurance
(Medi-Cal)
• Health education
• Connection to doctors and providers for
ongoing primary care
• Outreach and community advocacy
• Linkages to General Assistance,
CalFresh and other benefits
• Referrals to vision service

For those who do not find housing, they are off the street for at least a portion of the day and have their basic needs met. Long term homeless individuals and those struggling with substance abuse/mental health issues may consider having a meal, a safe pl ace to rest, a shower and clean clothes on a regular basis to be a success.

START UP COST ESTIMATES
Item Cost Estimates
Mobile office space trailer $100,000
Mobile shower/bathroom trailers $200,000
Staff Supplies $5,000
Total Start Up Costs $305,000

ANNUAL OPERATING COST ESTIMATES
City Staffing $300,000
County Staffing & Supplies $250,000
Trailer/vehicle maintenance $30,000
Other operational cost $50,000
Insurance - general, workers comp $6,000
Total Annual Operating Cost $636,000

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STRATEGY: RAPID RE-HOUSING

HUD defines Rapid Re -Housing (RRH) as the provision of rental assistance and supportive services to households experiencing homelessness. HUD funded RRH may be limited to short-term (up to 3 months) or medium term (4-24 months) assistance. The goal of RRH is to help persons who have recently become homeless to obtain housing quickly, increase self -sufficiency, and stay housed. When HUD funding is used, assistance is offered without preconditions such as employment, income, absence of criminal record, or sobriety.

Programs using non -HUD funding sources to provide rental assistance are sometimes referred to as Rapid Re -Housing but may adopt their own rules. It should be noted that Rapid Re-Housing may not be effective for many persons living in encampments. These persons may have difficulty locating a rental unit even with the support of rental assistance. These individuals usually have significant barriers to housing, such as insufficient income (most property owners require renters to have income at 2-3 times the monthly rent amount), poor rental/credit history, and lack of furniture and other items.

The City of Concord contracts with Hope Solutions to operate a Rapid Re -Housing program using Permanent Local Housing Allocation (PLHA) state funding. During the COVID pandemic, Shelter Inc provided one -time rental assistance to 124 Concord residents using CDBG-CV funding for the City which sunsets in 2024. Hope Solutions facilitates outreach for potential clients, community organizations, local property owners and the public, as well as referring partners in identifying unhoused individuals and households who are residents of Concord and confirm eligibility for program services. The Rapid Re-Housing point of entry in Concord is CORE and the program serves 10 -12 families a year. In addition, there are County programs that provide short term rental assistance.

Since this program is an existing service in the City and this strategy is about expanding the existing program, no startup costs are listed below.

OPERATIONAL COST ESTIMATES
1 Full time Case Manager $100,000
Rental assistance
Deposit assistance
$480,000
$40,000
Total Annual Operating Cost $620,000

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INTERIM HOUSING SUPPORT

The following four strategies focus on interim housing support. The term “Interim Housing” means temporary housing for persons exiting homelessness. In general, HUD considers persons living in temporary housing to be still “homeless” as they have not secured a permanent housing situation. “Scattered Site Housing” is the use of owned or leased low- density residential buildings (single -family homes or very small multi -family buildings) scattered across several neighborhoods throughout the City.

The goal of Interim Housing programs is to provide a place for a homeless individual to live while working towards housing by getting identification documents, accessing income sources, finding a job, saving money, seeking counseling, or overcoming other b arriers.

Normally, residents are expected to move out within 3 -6 months, but some programs allow longer stays. Provision of supportive services varies depending on the program.

Other programs in Contra Costa have generally seen success with the implementation of Interim Housing projects. Delta Landing in Pittsburg is a state-of-the-art 172-unit interim housing facility with basic healthcare, housing navigation, and case management provided on -site to help residents recover from homelessness and find permanent housing. This program has led to very successful housing placement, with 8 out of 10 persons in the program moving into permanent housing.

There are state and federal funding sources for ongoing operations ; h owever, these funding sources may not allow projects to limit tenants to Concord residents only, and do not allow agencies to require tenants to participate in services. Supportive services are not always included with Interim Housing or Rapid Re -Housing. Many programs help tenants prepare for permanent housing options by offering case management, housing search assistance, meal/food distribution, substance use/mental health counseling, employment assistance, life skills classes, or recreational activities.

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STRATEGY: SCATTERED SITE INTERIM HOUSING

When offered as “scattered site,” interim housing is provided in separate homes managed under a single program. A household may occupy its own home or may share a home with other individuals. The purchase and maintenance of scattered site housing usually has a high cost per person served.

It is anticipated that start -up costs will be fully funded by the City. Over the last few months, the Working Group has deliberated about various options for an interim housing project, such as financing the purchase of homes and/or leasing. It was agreed that a complete purchase of the homes would not be the best utilization of available funding, and this strategy would work best under a leasing model.

START UP COST ESTIMATES
Item Cost Estimates
Lease of 3 homes (Assuming MHP) $122,000
Total Start Up Costs $122,000

ANNUAL OPERATING COST
1 full time and one half time case
manager
$120,000
1 half time administrative staff $50,000
Utilities, water, sewer, trash $17,000
Maintenance and repair of homes $45,000
Insurance $10,000
Total Annual Operating Cost $232,000

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STRATEGY: CENTRALIZED TINY HOME HOUSING

The typical tiny homes used for interim housing offer full facilities, but a location and utility access will be needed for this type of development. Tiny homes used for people experiencing homelessness are normally operated by non-profits or faith -based organizations and funded through private sources. Most are located on properties that are owned by government entities or faith -based organizations. Examples can be seen at Pallet Shelter, 14 Forward, Dignity Moves and Better Way. Long-term sustainability can be challenging as tiny homes may not be eligible for many of the traditional homeless funding sources.

Goodness Village, located in Livermore, Dignity Moves and Veterans Community Project are examples of tiny home developments that offer units with kitchen and bathroom facilities. Dignity Village and Veterans Community Project are examples of interim housing. Goodness Village is not interim housing; it is a permanent supportive housing project for persons with disabilities who are exiting homelessness. “Permanent Supportive Housing” is affordable housing offering supportive  services on site to encourage housing stability and is normally limited to assisting  households with at least one member with a disability.

Contra Costa County considered the development of a Tiny Home community in a neighboring community that would provide temporary housing units for 50 single person and 12 two -person units (serving 74 individuals total, using Pallet Shelter homes ).

However, the project did not get underway. The Pallet Shelter units offer electricity and air conditioning, and the project was to have shower/ bathroom trailers on site. The initial plan had the community located on a vacant parcel to be improved with landscaping, fencing, walkways, storage containers, picnic areas, bike racks and community rooms.

Total cost for purchase and installation of the units, bedding, electric and air conditioning was $990,450 ($13,385 per person). Site development was estimated at $3,300, 000 for a total cost of $4,290,450 ($57,979 per unit).

Operational costs are not available. The following budget is based on a much smaller project than the Tiny Home community that Contra Costa County designed, and the proposed strategy is envisioned to use a site that does not require infrastructure development, other than the items noted below.

City of Concord | DRAFT Homeless Strategic Plan 17

START UP COST
Item Cost Estimates
Purchase and installation $300,000
Heating/Cooling $200,000
Mobile bathroom/shower trailer $250,000
Fencing and lighting $100,000
Total Start Up Cost $850,000

ANNUAL OPERATING COST
2 Full time case managers $160,000
1 Half time administrative staff $50,000
Security staff $300,000
Electricity $12,000
Insurance $10,000
Total Annual Operating Cost $522,000

City of Concord | DRAFT Homeless Strategic Plan 18
STRATEGY: SCATTERED SITE TINY HOMES

One example of a scattered site tiny home program is A Tiny Home for Good in Syracuse.

A Tiny Home for Good disperses slightly larger tiny homes, across Syracuse. All tiny home projects will have kitchens and bathrooms. Residents’ rent is based on their individual circumstances. The organization provides ongoing support by staff and partners with other organizations on care management to encourage long-term, safe, and permanent housing. One person per home is radically different from the typical affordable housing model that often forces difficult roommate situations.

The County of San Diego recently announced the creation of new emergency housing program to address unsheltered homelessness by creating public -private partnerships through the Building Partnerships Grant Program. Awarded partner organizations must utilize funds for a one-time purchase directly to the County contracted vendor for sleeping cabins which will be used as emergency housing for persons experiencing homelessness within San Diego County. The vendor will de liver the sleeping cabins to the partner site.

Site preparation, shelter assembly, ongoing operation and maintenance, indirect, and other administrative costs are not available through this grant program. The budget estimates and resource mapping for Scattered Site Interim Housing were informed from new and existing programs located in San Diego, Woodland, and Sutter County.

START UP COST
Item Cost
Purchase and installation $300,000
Heating/Cooling $200,000
Total Start Up Cost $500,000

ANNUAL OPERATING COST
1 Full time case manager $120,000
1 Half time administrative staff $50,000
Utilities $17,000
Total Annual Operating Cost $187,000

City of Concord | DRAFT Homeless Strategic Plan 19
STRATEGY: MOTEL INTERIM HOUSING

At the November 7, 2023 Council meeting, City Council requested the Working Group investigate and consider adding the development of a motel interim housing as a strategy for the strategic plan. This request was a result of community members sharing interest in the development o f a Motel concept. City Council expressed interest in the development of this concept. Further discussion have begun between the City and County about a potential partnership for the development of such a project. The estimated annual cost will be approximately $68,473.90 per unit.

While many options are being considered, based on current proposals, property would be leased to the City and operations and services would be facilitated by an organization via a City RFP process. Based on informal conversation of a partnership between the City and County, the City of Concord will hold their own lease with the motel for “Concord resident” rooms. The county will have a similar lease for “county” rooms. The City of Concord would enter into a Service Agreement with the County to support clien ts living at the project site. The draft budget below was drafted based on a similar Motel project the County has been developing in another community. The $87 a night for the lease is based on that motel/owners and can be negotiated. This budget is based on 12 rooms that would each house four individuals (families).

ANNUAL OPERATING COST ESTIMATES
Support Services Staff - 1 FTE Care Coordinators, 1
FTE Admin/HMIS, 0.5 FTE Site Supervisor, 1 FTE
Program Director $50,593
Operations staff - 2 FTE Shelter Specialists $91,853
Fringe (35%) - leave, insurance, pensions,
unemployment benefit $49,856
Leasing and Property Management $381,060
Operating expenses (utilities, phone, etc.) $15,600
Food ($25/2 meals/day) $87,600
Security - evening coverage 8-hour shifts ($32/hr) $22,426 Maintenance and repairs - if required $48,000
Indirect (10%) $554,686
Total Annual Operating Cost $821,686

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Implementation Plan
The impact matrix below outlines an overview of the effort and reach for the proposed strategies included in this plan. The priorities below were informed based on conversations with the Working Group and City staff. Additionally, data in the chart s on pages 3 and 23 were used as a part of the determination . In the matrix below, impact is the measurement of persons served, services provided , and total cost . Similarly, effort relates to the amount of funding, staffing, and time it would take to implement these strategies. This will be utilized by city staff to decern the effectiveness and order that the strategies will be implemented. This matrix is not designed to indicate which strategies will be implemented first, but used as a guide and reference point for which strategies can be implemented based on further discussion and commitment from key stakeholders.

Successful plan outcomes will require sufficient staff which the City does not have. As a result, the City will rely on partnerships to help facilitate project development. Contra Costa County has a strong internal infrastructure to manage projects and can add additional in-kind resources to most initiatives. A non-profit or faith-based organization is also a viable option as an operator of homeless programs or projects. Nonprofits and

City of Concord | DRAFT Homeless Strategic Plan 21
faith-based organizations (Non -profit Operator s) are able to solicit donations and are eligible for funding sources that are not available to governmental agencies or to a for - profit developer. They may also help leverage City funding by bringing existing resources and community support to the project.

Rapid Re-Housing will be the lowest effort strategy to implement with the highest impact on persons experiencing homelessness. Namely, this is an existing program that the City operates, and would be providing additional funding to expand and continue the project.

There would be no additional implementation needed and would be handled as a contract with the agency providing rapid re -housing services. The budget below anticipates assisting 20 households for one year. The one-year timeline is an estimate. The City may opt for a shorter or longer term of assistance. The budget is based on the average cost of monthly rental assistance provided by the City’s current Rapid Re -Housing program operated by Hope Solutions. In addition to rental assistance, Hope Soluti ons provides supportive services to their clients. The City may choose to expand upon the current contract with Hope Solutions or create a new program with available funding. The average cost per assisted family in the current program is approximately $2,0 00 per month, plus assistance for deposits. The budget estimates and resource mapping for Rapid Re- Housing were informed from the existing City program. The level of County partnership will greatly impact the level of “effort” needed to implement the Mobile Resource Center and Motel Interim Housing project. The County has access to a number of existing services that can be coupled with the mobile center, including staffing and health supplies.

Cost and oversight needs would be further reduced if Health Care for the Homeless (HCH) was a key component of the implementation. HCH provides high -quality health services to patients who are experiencing homelessness in Contra Costa County. Their team includes bilingual medical, dental, behavioral health, social support and administrative professionals who provide direct care and referrals for many services.

Both the Tiny Home concepts ( Scattered Site Interim Tiny Housing and Centralized Interim Tiny Housing) will likely require a Request for Proposal (RFP) process, where the City will issue a notice to the public for a qualified agency to design and implement a program. City staff will need to design a framework for operators to respond to, including identifying any program requirements, City funding, and anything additional that will support the selected proposal(s). It is likely that only one (tiny home) con cept will be chosen, as implementing both would be expensive and require an extensive amount of oversight. Contra Costa County considered the development of a Tiny Home community that would provide temporary housing for 50 single person units and 12 two-person units (serving 74 individuals), using Pallet Shelter homes. The Pallet Shelter units offer electricity and air conditioning and the project budget included shower/ bathroom trailers on site. The initial plan had the community located on a vacant parcel to be improved with landscaping, fencing, walkways, storage containers, picnic areas, bike racks and

City of Concord | DRAFT Homeless Strategic Plan 22
community rooms. Total cost for purchase and installation of the units, bedding, electric and air conditioning was $990,450 ($ 15,975 per unit). Site development was estimated at $3,300,000 for a total cost of $4,290,450 ($69,200 per unit).

Scattered Site Interim Housing is a strategy with high merits but can be expensive and yield less results for effort when compared with other strategies. It can be more challenging to allocate resources efficiently when dealing with scattered sites. Budgeting, staffing, and the distribution of essential services like counseling or medical aid become more intricat e when spread across multiple locations. Providing consistent support services, such as counseling or job assistance, can be harder in scattered si tes due to varying distances and accessibility issues. Residents might find it more challenging to access these crucial resources.

City of Concord | DRAFT Homeless Strategic Plan 23

STRATEGIES

GOALS SUPPORTED SCOPE LONGEVITY RESOURCES (FINANCIAL & PARTNERSHIP) 1 Prev
Svc
2 Safe
Dwel
3 Emer
Coor
4 Temp
Hsg
5 Equi
Sup
6 Syst
Supp
Number
of
Persons
Annually
Short
Term
Solution
Long
Term
Solution
High
Resource
Activity
Low
Resource
Activity
Potential
Partnership
Identified
Additional
Resources
Identified
Need to
Identify
Resources
Mobile Decentralized
Resource Center
X X X 200 -
300
X X X
Rapid Re-Housing X X X X 20 - 30 X X X
Scattered Site Interim
Housing X X X X 24 - 36 X X X
Centralized Interim Tiny
Homes X X X X 60 - 75 X X X
Scattered Site Interim Tiny
Homes X X X X 60 - 75 X X X
Motel Interim Housing X X X X 80 - 100 X X X X

STRATEGIES
(CONTINUED)

PARTNERS NEEDED ESTIMATED COST TIMELINE FOR IMPLEMENTATION City Can
Implement
Partners
Needed
Program Operator
Needed One Time Cost Annual Cost Less than 6
Months
6-12
Months 1-2 Years
Mobile Decentralized
Resource Center X X X $305,000 $636,000 X
Rapid Re-Housing X $0 $620,000 X
Scattered Site Interim
Housing X X X $122,000 $232,000 X
Centralized Interim Tiny
Homes X X X $850,000 $522,000 X
Scattered Site Interim Tiny
Homes X X X $500,000 $187,000 X
Motel Interim Housing X X X $25,000 $771,093 X

City of Concord | DRAFT Homeless Strategic Plan 24
MOBILE RESOURCE CENTER IMPLEMENTATION – 9 MONTHS

A mobile resource center offers advantages in terms of speed and simplicity compared to establishing a traditional brick-and-mortar center. There is no requirement to undergo the time-consuming process of securing a permanent location, which can involve complex negotiations, zoning considerations, and regulatory approvals. Secondly, the need for potentially costly building rehabilitation or construction is eliminated, saving both time and financial resources. This streamlined approach allows for a more rapid response to community needs, making vital resources and services accessible to vulnerable populations more swiftly and efficiently.

Tasks Months 1-3 Months 4-6 Months 7-9 Months 10-
12 Governance Structure X X
Site Selection X
Purchase Trailers/Equipment X
Hire Staff X X

Determine & Codify Governance Structure

This initial phase involves the crucial task of defining the governance structure for the mobile resource center. Establishing a partnership, particularly with the County, may require time for negotiations, legal agreements, and consensus building. There may be additional opportunities to partner with other agencies/faith-based organizations willing to provide equipment, supplies or volunteers for the program.

Select Sites

Identifying suitable sites is a pivotal step. It involves assessing the needs of the target population, zoning regulations, accessibility, and community input. The three -month duration allows for thorough site selection while maintaining project momentum.

Purchase Trailers and Other Equipment

Acquiring the necessary trailers and equipment involves procurement processes, vendor selection, and logistics planning. This step ensures that the mobile center is equipped with the resources needed to provide comprehensive services.

Hire Staff

Building a skilled and dedicated team is essential for the center’s success. This time allows for recruitment, interviews, training, and onboarding of staff with the required expertise in social services, counseling, and outreach. Staffing could occur thro ugh an agreement with Contra Costa County or another third-party operator.

City of Concord | DRAFT Homeless Strategic Plan 25

Project Opening in 9 Months

This final milestone marks the culmination of the planning and preparation phase. By the eighth month, all components, from governance to staffing and equipment, should be in place, and the mobile resource center can begin its vital work, serving the homeless population and providing much-needed support.

RAPID RE-HOUSING IMPLEMENTATION – 6 MONTHS

The City currently contracts with a service provider to offer rapid re -housing services. The following outlines an expansion of this program.

Tasks Months 1-3 Months 4-6 Months 7-9 Months 10-
12 Existing Program Continuation X
Program Expansion X X
Full Implementation X

Continuation of Existing Program

Expansion of the City’s current contract with the current service provider could take place in 1 -2 months.

Program Expansion

Selecting non-profit-profit via RFP and developing a new program will take approximately 6-8 months.

Full Implementation

The program will operate on an annual basis, with the number of active years being dependent on the amount of reserved funding.

City of Concord | DRAFT Homeless Strategic Plan 26
SCATTERED SITE INTERIM HOUSING IMPLEMENTATION – 12 MONTHS

Successful implementation of scattered site interim housing depends on identifying homeowners who are willing to lease properties to the project developer.

Tasks Months 1-3 Months 4-6 Months 7-9 Months 10-
12 Preparation X
Funding X X
Program Launch X
Full Implementation X

Preparation

Conduct a thorough needs assessment to identify the specific requirements and challenges of the target population. Develop a detailed plan outlining the strategy for housing acquisition and support services. Begin the hiring process for key staff members i ncluding case managers, housing specialists, and administrative personnel. Advertise positions, conduct interviews, and finalize the hiring within the first six months.

Funding

Identify and Secure Funding: Research and apply for grants, government funding, and potential partnerships to secure financial resources. Create budgets and financial projections for the housing program.

Begin the process of identifying suitable homes or properties for purchase. Collaborate with real estate agents, assess properties, negotiate prices, and finalize the purchase of the first home within six months.

Program Launch and Early Operations

Provide comprehensive training to the hired staff on the program's objectives, policies, and methodologies. Develop program guidelines, protocols, and operational procedures. Start the intake process for homeless individuals with significant barriers to ho using. Assess participants' needs, establish case files, and create individualized housing plans.

Scaling and Full Implementation

Continue acquiring additional homes or properties suitable for accommodating more participants.

Increase housing capacity based on the demand and success rate of the initial phase.

City of Concord | DRAFT Homeless Strategic Plan 27

Monitor participant progress and adapt support services based on their needs. Conduct regular reviews of the program's effectiveness and make necessary adjustments.

Establish collaborations with local organizations, government agencies, and community stakeholders to enhance support networks and resources.

CENTRALIZED INTERIM TINY HOME IMPLEMENTATION – 9 MONTHS

The development of a tiny home community requires identification of a project site. Funding for operations can be difficult as tiny homes are not eligible for many traditional homeless funding sources.

Tasks Months 1-3 Months 4-6 Months 7-9 Months 10-
12 Site Identification X X
Site Preparation X
Staffing X
Installation of Homes X

Site Identification

Initiate a comprehensive search for suitable sites for the tiny home community. Engage with real estate agents, local authorities, and stakeholders to identify and acquire the site. Complete the land purchase or lease agreement within the initial 3-6 months.

Site Preparation

Installation of any utilities needed such as electricity, preparation of foundations or areas where homes will be situated, fencing, lighting, security.

Staffing

Commence the hiring process for staff members, including administrative personnel, community managers, maintenance staff, and security personnel. Develop security protocols and procedures in collaboration with local law enforcement or private security firms to ensure community safety.

Installation

City of Concord | DRAFT Homeless Strategic Plan 28
Once the site is secured, proceed with the installation of tiny homes and necessary infrastructure such as utilities, roads, and communal facilities. Collaborate with contractors and construction teams to ensure timely and quality installation.

SCATTERED SITE TINY HOMES IMPLEMENTATION – 9 MONTHS

Models for implementation of scattered site tiny homes can vary widely.

Tasks Months 1-3 Months 4-6 Months 7-9 Months 10-
12 Site/Partner Identification X
Identify funding X
Home Purchase/Installation X
Program Launch X

Site and Partner Identification

Identify suitable homes or properties for purchase. Collaborate with real estate agents, assess properties, negotiate prices, and finalize the purchase of the first home within six months.

Identify owners of properties suitable for installation of individual tiny homes that are willing to participate in the program. This may be individuals, governmental agencies, faith-based organizations or non-profit agencies.

Funding

Identify and Secure Funding. Tiny homes are not eligible for many traditional operational funding sources for homeless programs. Create budgets and financial projections for the housing program.

Home Purchase and Installation

Research unit types that will be acceptable to property owners. Purchase and install units.

Program Launch and Early Operations

Provide comprehensive training to the hired staff on the program's objectives, policies, and methodologies. Develop program guidelines, protocols, and operational procedures. Start the intake process for homeless individuals with significant barriers to ho using. Assess participants' needs, establish case files, and create individualized housing plans.

Scaling and Full Implementation

City of Concord | DRAFT Homeless Strategic Plan 29

Continue acquiring additional homes or properties suitable for accommodating more participants.

Increase housing capacity based on the demand and success rate of the initial phase.

Monitor participant progress and adapt support services based on their needs. Conduct regular reviews of the program's effectiveness and make necessary adjustments.

Establish collaborations with local organizations, government agencies, and community stakeholders to enhance support networks and resources.

MOTEL INTERIM HOUSING IMPLEMENTATON – 10 MONTHS
The Timeline for a Motel concept will depend highly on the availability of an available motel and the buy-in of key stakeholders, including the County and local non-profits.

Tasks Months 1-3 Months 4-6 Months 7-9 Months 10-
12 Define the Project X
Legal/Regulatory Compliance X
Design and Planning X
Renovation X X
Full Implementation X

Project Initiation/Define the Project
The City will need to define the project objectives, goals, and budget. This will include assembling a project team, including stakeholders, architects, engineers, and contractors. Depending on current discussions, the team will need to identify potential motels suitable for conversion to interim housing and conduct feasibility studies and site evaluations.

Legal and Regulatory Compliance

City of Concord | DRAFT Homeless Strategic Plan 30
The motel will need necessary permits and approvals from local authorities, ensuring compliance with zoning regulations and building codes. The legal agreements with motel owners or stakeholders will also need to be finalized.

Design and Planning
The City will likely put out a bid for architects, engineers, and contractors for design development.

Once under contract, they will need to develop detailed renovation plans and designs for any motel conversion.

Renovation
Depending on the extent of the need, there will be some renovation work, including structural modifications, plumbing, electrical, and HVAC systems on the Motel. Any renovations must follow safety standards and accessibility requirements.

Scaling and Full Implementation
Once renovations are complete, staff will need to set up kitchen facilities, laundry rooms, and other amenities as well as test and ensure functionality of all systems. Staff will also need to procure and install furniture, fixtures, and equipment for the rooms and common areas. This stage will also include recruitment and training of staff for managing the program.

City of Concord | DRAFT Homeless Strategic Plan 31
Strategies for Future Consideration
The Working Group deliberated on many different strategies. All proposed strategies were considered and discussed over the course of multiple meetings. Members of the Working Group supported the following ideas but determined to focus on the strategies not ed above. The selected strategies based on relevance to the goals, the strategies’ ability to have a direct impact towards moving homeless individuals towards housing sustainability, the interest level of the County for partnership to leverage resources, a nd the number of persons that can be served with existing funding. It should be noted that the recommended strategies address certain criteria. However, the recommendations of the Six Strategies do not preclude any person or organization from developing a project not identified as one of the City’s selected activities. The following strategies are worthy of consideration as more resources become available. The City may choose to undertake them in addition to the recommended strategies or may opt to reconsider them in the future.

CENTRALIZED RESOURCE CENTER
The development of a “brick and mortar” Centralized Resource Center is the most complicated strategy considered and would require a robust commitment from the City and the Concord community to be successful. Discussions with H3 staff do not indicate an interest in partnering with a new centralized resource center in the central area of the County. The County currently operates the Concord Emergency Shelter that acts as a resource center, in addition to Trinity Center in Walnut Creek. Both sites actively ser ve the Concord homeless population. Without support from H3, provision of all services needed to serve persons living in encampments will be difficult and costly.

Anticipated outcomes of this type of facility vary. Since it is a “drop in” program, it does not require individuals to attend on a regular basis. Those individuals attending regularly who are actively engaged in counseling/classes are much more likely to achieve a higher level of self-sufficiency and housing success. For example, Trinity Center in Walnut Creek typically sees 150-200 individuals per year who attend regularly, although there are many more that drop in for a few days for a meal. In the past y ear, 82 participants secured temporary or permanent housing (approximately 40% success rate for those attending regularly).

Centers require significant upfront costs (including acquisition, renovation, and supplies) as well as ongoing operational costs (building upkeep, staff salaries, and equipment). It is estimated that the minimum startup cost would be $600,000. This could b e higher, depending on the rehabilitation needs of the selected site. Annual operating costs are estimated at $846,000. The Working Group determined that developing a Decentralized

City of Concord | DRAFT Homeless Strategic Plan 32
Resource Center, in cooperation with the County, would be a quicker and more cost - effective service delivery model.

BASIC/GUARANTEED INCOME
A basic guaranteed income (BGI) program would provide recipients with unrestricted funding in regular installments to help elevate income inequality. A BGI program can help alleviate poverty by providing a financial safety net, especially those in vulnerable or low- income groups. There are a few current programs that have been initiated across the State and nationally. The California Guaranteed Income Pilot Program was established to provide grants to eligible entities for the purpose of administering pilot programs and projects that provide a guaranteed income to participants. The department prioritizes funding for pilot programs and projects that serve California residents who age out of the extended foster care program at or after 21 years of age or who are pregnant individuals.

Implementing and managing a BGI program on a large scale presents administrative challenges, including identifying eligible recipients and preventing fraud. Additionally, with the limited funding available, a universal approach may not address the specific needs of marginalized or disadvantaged groups as effectively as targeted programs and may even divert needed resources from these programs to a BGI program.

PREVENTION SERVICES
The Working Group had a robust discussion regarding the need for services for the prevention of homelessness. However, this strategy was not pursued by the Working Group at this time. Prevention services can vary. Examples include legal services to avoid eviction, financial assistance to pay back rent, financial assistance to a household in crisis (car repairs, medical expenses), or housing search assistance for persons who must seek a new housing situation. Most of these services are already funded by the City and operated by local agencies. The City operates a re -housing program providing rental assistance to recently homeless households and recently enacted a residential tenant anti-harassment ordinance and a residential tenant protection program, in addi tion to other prevention services.

FOSTER YOUTH/TRANSITIONAL AGE YOUTH (TAY) INTERVENTION
It is recommended that this component be considered for a future endeavor. Although this target population has specific needs, current funding will be focused on the general homeless population. Regional and statewide organizations like Fred Finch Youth an d Family Services and Environmental Alternatives may be potential future partners for this focus area.

City of Concord | DRAFT Homeless Strategic Plan 33

SAFE CAMPING/SAFE PARKING
Camp Hope was opened in Martinez during the pandemic and served approximately 50 individuals. It closed in late 2022. Safe camping/parking sites are generally temporary as there are no state or federal funding sources dedicated to these types of programs.

Although some safe camping sites offer limited support services, many do not, as these types of programs are simply intended to provide homeless individuals a safe place to dwell. They are not geared towards moving people towards sustainable housing solutions. In discussions with the Working Group, County staff echoed the sentiment that safe camping/parking sites are difficult to keep running and are often seen as a temporary solution.

PERMANENT SUPPORTIVE HOUSING
Permanent supportive housing (PSH) is affordable rental housing with supportive services onsite and is limited to persons with a disabling condition. The Working Group contemplated PSH in a scattered site format, but it was removed from consideration due to the small number of persons that could be served with the limited resources available (estimated 12-18 persons). As it is permanent housing, there is very little turnover. Once units are filled, it is rare for additional units to become available.

PSH units are limited to persons with a disability. The HUD definition of disability includes persons experiencing physical or mental impairment that substantially limits one or more major life activities. Some projects also limit tenancy to persons exitin g homelessness.

Projects have lower barriers to entry than most affordable housing. For example, they may accept tenants with poor rental or credit history. Due to the requirements of most funding sources, projects are not able to limit tenants to Concord residents only and cannot require tenants to attend services.

Supportive services offered often include case management, meal/food distribution, substance abuse/mental health counseling, employment assistance, life skills classes, and recreational activities. Studies show that PSH helps to promote housing stability and reduces the costs associated with hospital and institutional care for persons with disabilities. For individuals with chronic patterns of homelessness, PSH provides a significant reduction in the use of expensive acute care services such as emergency shelters, hospital emergency rooms, and detoxification and sobering centers. Fourth and Hope, a non-profit based in Woodland, has operated a financially sustainable scattered site PSH program for nearly 30 years. Goodness Village in Livermore offers 28 tiny home, single occupancy PSH units.

The UCSF study notes that permanent supportive housing can be very helpful when working to house persons with complex behavioral health needs. However, long term funding for supportive services can be difficult to secure. In a report entitled Permanent

City of Concord | DRAFT Homeless Strategic Plan 34
Supportive Housing as a Solution to Homelessness: The Critical Role of Long -Term Operating Subsidies published in June 2023, the Turner Center for Housing Innovation at UC Berkeley notes, “how PSH is managed influences the success of the model; the “supportive” component of PSH is critical to keeping people stably housed.” When compiling the report, the authors conducted extensive interviews with staff operating a number of PSH sites, and the report continues, “Interviews with staff at these organizations highlight that the current level of resources are insufficient for providing the staffing and supports that are needed to manage these properties effectively and meet residents’ needs.”
On its website, the Center for Evidence -Based Solutions to Homelessness states, “Providing permanent affordable housing to individuals with chronic patterns of homelessness has also proven to significantly reduce use of expensive acute care services such as emergency shelters, hospital emergency rooms, and detoxification and sobering centers.”

City of Concord | DRAFT Homeless Strategic Plan 35
Next Steps

Funding Sources
There are many federal and State funding sources for homeless services and affordable housing development that may be available for implementation of strategies in the final Concord Plan. Some funding sources are available to the City, however there are some that are limited to non -profit service providers, Contra Costa County, the CoC or other types of agencies. Leveragi ng City funds with these types of funding would require partnerships. HDAP and HHAP are two sources that are not direct allocations to Concord.

Most funding sources are limited to certain activities such as operating costs, outreach, direct service delive ry, housing assistance or housing development. The chart below provides a brief overview of the most common funding sources, along with the types of programs allowed. The chart is followed by more detailed information on each funding source.

There are a few funding sources that are awarded to jurisdictions on an annual basis, but most are awarded through a competitive application process. In addition, some funding sources require matching local funds. The City’s local funding can be used to leverage federal or State grants to maximize impact.

City of Concord | DRAFT Homeless Strategic Plan 36
One-Time Funding Sources for Homeless Housing and Services.

City Can Apply City Will Need Partnership Program Name Operating
Costs
Rapid Re-
Housing
Street
Outreach
Permanent
Housing
Homeless
Prevention
Interim
Housing
Affordable Housing and
Sustainable Communities
(AHSC)
✓
Adaptive Reuse Incentive
Grant
✓ ✓
Challenge Grants &
Technical Assistance
Funding
✓ ✓
Caltrans Encampment
Coordinators
✓ ✓ ✓ ✓ ✓
Encampment Resolution
Funding (ERF)
✓ ✓ ✓ ✓
State of CA HOME-ARP
(Federally allowed activities.

HCD may not allow all
activity categories)
✓ ✓ ✓ (and other
supportive
services)
✓ (Non-
congregate
shelter only)
Homekey (Round 3) ✓ ✓ ✓ ✓ ✓ ✓

City of Concord | DRAFT Homeless Strategic Plan 37
Infill Infrastructure Grant
Program
✓ ✓
CalHFA Mixed-Income
Program (MIP)
✓ ✓ ✓
Mobile home Park
Rehabilitation and Resident
Ownership Program
✓ ✓ ✓
Portfolio Reinvestment
Program
✓ ✓ ✓
State Excess Sites
Development
✓ ✓ ✓
Ongoing Funding Sources for Homeless Housing and Services Program Name Operating
Costs
Rapid Re-
Housing
Street
Outreach
Permanent
Housing

Homeless
Prevention
Interim
Housing
California Advancing and
Innovating Medi-Cal
(CalAIM)

✓

✓

Community Development
Block Grant (City receives
funding annually from HUD)
✓ ✓ ✓ ✓ ✓ ✓
DHCS Homelessness and
Housing Instability (HHIP)
✓ ✓

City of Concord | DRAFT Homeless Strategic Plan 38
DSS Homelessness
Supports
✓ ✓ ✓
Homeless Housing,
Assistance and Prevention
(HHAP 3 & 4)

✓

✓

✓

✓

✓

✓
State of CA Home
Investment Partnership
Program (HOME) (*for
Prevention, can only be used
for rental assistance)

✓

✓*

Housing and Disability
Advocacy Program (HDAP)

✓

✓

✓

Housing for Healthy
California
(includes State of CA NHTF)

✓

✓

Infill Infrastructure Grant
Program (IIG)

✓

Joe Serna, Jr. Farmworker
Housing Grant (FWHG)
Program

✓

✓

Multifamily Housing Program
(MHP)

✓

No Place Like Home
Program (NPLH)

✓

✓

✓

✓

✓

✓

City of Concord | DRAFT Homeless Strategic Plan 39
Permanent Local Housing
Allocation (PHLA)

✓

✓

✓

Portfolio Reinvestment
Program (PRP)
✓ ✓ ✓
Excess Sites Local
Government Matching
Grants Program (LGMG)

✓

✓

Veterans Housing and
Homelessness Prevention
Program (VHHP)

✓

✓

✓

✓

✓

EXPANDED LIST OF POTENTIAL FUNDING SOURCES

OPERATING SOURCES
Behavioral Health Continuum Infrastructure - $750 million one-time from the State of California for competitive grants to qualified entities to construct, acquire, and rehabilitate real estate assets to expand the community continuum of behavioral health treatment resources.

California Advancing and Innovating Medi -Cal (CalAIM) - New program that allows Medi -Cal to fund coordinated access to services including physical, behavioral, developmental, dental, and long - term care needs. May be used to provide enhanced case management services to persons experiencing or exiting homelessness.

Homelessness and Housing Instability (HHIP) - This funding provides $1.288 Billion statewide to address social determinants of health and health disparities; Medi-Cal managed care plans would be able to earn incentive funds for making investments and progress in addressing homelessness and keeping people housed.

California Department of Social Services (DSS) Homelessness Support - $475 million of State funding in 2021 -22 and 2022 -23 dedicated to expanding the existing CalWORKs Housing Support program. This will assist CalWORKs families experiencing homelessness in securing permanent housing.

City of Concord | DRAFT Homeless Strategic Plan 40
Caltrans Encampment Coordinators - $2.7 million one-time State funding for Caltrans Encampment Coordinators to mitigate safety risks at encampments on state property and coordinate with the HCFC and local partners to connect these individuals to services and housing.

Challenge Grants & Technical Assistance - $40 million one-time State funding available over five years for the Homeless Coordinating Financing Council (HCFC) to provide grants and technical assistance to local jurisdictions to develop action plans addressing family homelessness and moving the state closer to attaining functional zero family homelessness.

Encampment Resolution Grant - $50 million one -time State funding for the HCFC to partner with local governments and assist with resolving critical encampments and transitioning individuals into permanent housing.

Homeless Housing, Assistance and Prevention (HHAP) – State funds awarded to Continuums of Care and Counties meeting the state’s criteria. Awards for HHAP 1, 2, and 3 have been announced.

HHAP4 is anticipated soon. May be used for development of shelter, housing and/or services addressing homelessness.

Home Safe - $100 million State funding annually through 2022 -23 for the Home Safe program to provide access to health, safety, and housing support for individuals involved in or at risk of involvement in Adult Protective Services.

Housing and Disability Advocacy Program - $175 million State funding allocation annually through 2023-24 to better reach and house individuals eligible for but not currently receiving SSI/SSP through benefits advocacy and housing assistance.

Housing for Healthy California - can fund up to 49% of a project’s housing units within a development as well as provide an operating subsidy for up to 15 years. The target population must be high users of local hospital or emergency room services, homeless, and have income not exceeding 30% AMI.

Non-Congregate Shelter Transition to Permanent Housing - $150 million one-time State funding to support the stability of the state’s FEMA -funded non-congregate shelter population and transition of individuals from Project Roomkey into permanent housing following the September 2021 sunset of the federal reimbursement availability from the pandemic.

No Place Like Home Program (NPLH) - Can fund up to 49% of a project’s housing units within development and provide an operating subsidy for up to 15 years. The target population must be severely mentally ill and homeless who have income not exceeding 30% AMI.

DEVELOPMENT SOURCES
Behavioral Health Continuum Infrastructure - $750 million one-time State funding for competitive grants to qualified entities to construct, acquire, and rehabilitate real estate assets to expand the community continuum of behavioral health treatment resources.

Community Care Expansion - $500 million in funding to support successful acquisition and rehabilitation of Adult Residential Facilities (ARFs) and Residential Care Facilities for the Elderly (RCFEs).

City of Concord | DRAFT Homeless Strategic Plan 41
Community Development Block Grant (CDBG) – Concord receives approximately $1 million annually from HUD. Funds may be used for acquisition and/or rehabilitation of facilities such as service centers, shelters, or transitional housing; and for acquisition and/or infrastructure for the development of affordable housing. A limited amount of funding may be used for planning purposes, operating costs, or direct services.

Federal Home Loan Bank Affordable Housing Program (AHP) - Provides funding for the development of affordable rental housing and can be used to finance homeless -focused housing in recent years.

Home Investment Partnership Program (HOME) – HUD funds available through the State to cities and counties to fund housing activities, including building, buying, and/or rehabilitating affordable housing for rent or homeownership or providing direct rental assistance to low-income people.

HOME-ARP (American Rescue Plan Act) - The State of California will receive a one-time allocation of an estimated $155 million for housing development that primarily service persons experiencing or at risk of homelessness. Initial indications from HCD show this funding will focus on shovel -ready housing projects that can be completed within 24 months. A NOFA is expected in early 2024.

Additional details to follow from HCD.

Homekey - $2.75 billion in one -time State and federal funds to acquire and rehabilitate facilities through the program. Of this amount, $1 billion is targeted for families experiencing homelessness or at risk of being homeless. Two funding rounds have been complete d, with another two rounds of funding expected in 2023 - 2024.

Homeless Housing, Assistance and Prevention (HHAP) - Funds awarded to Continuums of Care and Counties meeting the State’s criteria. Awards for HHAP 1, 2, 3, and 4 have been announced.

May be used for development of shelters, housing, and/or services addressing homelessness.

Housing for Healthy California - can fund up to 49% of a project’s housing units within a development as well as provide an operating subsidy for up to 15 years. The target population must be high users of local hospital or emergency room services, homeless, and have income not exceeding 30% AMI.

Multifamily Housing Program (MHP) - The funds awarded under this NOFA will be allocated annually as permanent financing for affordable multifamily rental and transitional new construction, acquisition, rehabilitation, and conversion housing developments.

No Place Like Home Program (NPLH) - Can fund up to 49% of a project’s housing units within development and provide an operating subsidy for up to 15 years. The target population must be severely mentally ill and homeless who have income not exceeding 30% AMI.

Permanent Local Housing Allocation (PHLA) - Eligible uses for PLHA are broad, including the development of Permanent Supportive Housing and homeless rental assistance. It can also be used for the development of Transitional Housing and Navigation Centers for homeless, in addition to a wide variety of services.

State Excess Sites Development - $100 million one-time State funding ($25 million in 2022-23 and $75 million in 2023-24) to expand affordable housing development and adaptive reuse opportunities on state excess land sites.

City of Concord | DRAFT Homeless Strategic Plan 42
Veterans Housing and Homelessness Prevention Program (VHHP) - Long-term loans for the acquisition, construction, rehabilitation, and preservation of affordable multifamily housing for veterans and their families to allow veterans to access and maintain housing stability. Assisting projects that serve homeless veter ans is a priority of this program. Requires partnerships with veterans’ organizations.

City of Concord
Background Report on
Homelessness
This report was originally presented to Concord City Council on June 27, 2023. This updated version includes an addendum with supplemental information.

Attachment 2

1 City of Concord
Background Report on Homelessness
Table of Contents
I. Introduction ................................ ................................ ................................ ................................ ........................... 2 A. Purpose ................................................................................................................................................................................. 2 B. Methodology ....................................................................................................................................................................... 2 II. City and Regional History of Homelessness ................................ ................................ ............................... 3 Current Plans In Region ...................................................................................................................................................... 3 2021 H3 (CoC) Annual Report ......................................................................................................................................... 3 2022 Contra Costa Health Annual Report ................................................................................................................... 4 2021 RIC Regional Action Plan ........................................................................................................................................ 4 Historical PIT Numbers ....................................................................................................................................................... 6 III. Current State of Homelessness ................................ ................................ ................................ ..................... 7 Emerging Consensus ............................................................................................................................................................ 7 IV Homelessness: The Numbers, The Data ................................ ................................ ................................ ...... 9 Homeless Management Information System (HMIS)............................................................................................. 9 C. Point-in-Time Count and Housing Inventory Count ...................................................................................... 14 D. Community Perspective and Surveys ................................................................................................................... 15 E. Law Enforcement Calls for Service ........................................................................................................................ 16 F. Service Provider Perspectives .................................................................................................................................. 16 V. The Business Community and Homelessness ................................ ................................ ......................... 17 VI. The Economic Impact ................................ ................................ ................................ ................................ ... 17 VII. Services Available to Unhoused Persons in Contra Costa County ................................ ................ 18 J. Analysis of Gaps in Service .......................................................................................................................................... 48 VIII. Homeless Concepts ................................ ................................ ................................ ................................ ...... 50 IX. Best Practices ................................ ................................ ................................ ................................ ................... 54 X. State, Federal and Local Funding ................................ ................................ ................................ .............. 56 XI. Conclusion ................................ ................................ ................................ ................................ ......................... 64 Complete List of Data Utilized in Background Report ................................ ................................ ............ 65 Addendum to Background Report............................................................................................................... 66