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,
April 9, 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/83659731312?pwd=a_Usd1BIz7QZIYmSlyiK- lpvlF-TjQ.svOgqIYJPVXmQY3d or Zoom Webinar ID: 836 5973 1312 and Passcode:
308763
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 Channels 29 and 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 – Councilmember Hoffmeister
2. PUBLIC COMMENT PERIOD
This is a 15-minute Public Comment Period for items within the City Council’s subject matter jurisdiction that are not on this agenda. Each speaker will be limited to approximately three minutes.
State law prohibits the City Council from acting at this meeting on any matter raised during the Public Comment Period. Please see “How to Participate” above.
a. Written Public Comment
3. PRESENTATIONS
a. Proclamation – to Kimberli Buckley, Senior Community Library Manager for the Concord Library, proclaiming April 7-13, 2024, as "National Library Week" in the City of Concord. Presentation by Mayor Birsan.
b. Proclamation – to Rocci Barsotti, Concord Kawanis Club, proclaiming April 22, 2024, as "Earth Day" in the City of Concord. Presentation by Mayor Birsan.
c. Presentation – Update on TSBA Pilot Program by Walter Eichinger, Vice President, Operations, Brenden Theatres. Introduction by Mayor Birsan. d. Presentation – Police Department Update from Concord Chief of Police Mark Bustillos. 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 Participate” above. a. Confirming – the appointment of Tijuk Fong Kurniadi as the City of Concord's representative to the Central Contra Costa Transit Authority Advisory Committee (County Connection) for the remainder of a four-year term ending December 31, 2024. Recommended by the City Clerk. 4 b. Considering – adoption of a Resolution Accepting the Concord Police Department AB 481 2023 Military Equipment Report, 2024 Military Equipment Inventory, Determining to Continue Ordinance 22-6 and Concord Police Department Policy 706: Military Equipment, and Determining that Each Type of Military Equipment Identified in that Report has Complied with the Standards for Approval Pursuant to Ordinance No. 22-6 and AB 481.
Recommended by the Chief of Police.
CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, Guidelines Sections 15060(c)(2), 15061(b)(3), and/or 15378. c. Considering – approval of a five (5) year Independent Contractor Agreement for Professional Services through March 31, 2029, with a five (5) year option to extend through March 30, 2034, between the City of Concord and Joseph Fernandez, dba East Bay Golf Centers, Inc., for management and operation of golf services at Diablo Creek Golf Course, and authorizing the City Manager to execute the agreement (including the 5 year extension agreement, if exercised) in a form acceptable to the City Attorney.
Recommended by the Director of Recreation Services.
CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(3), 15378, and/or 15323.
5. CORRESPONDENCE
Correspondence received at the City Council meeting will be listed here on the Annotated Agenda.
6. REPORTS AND ANNOUNCEMENTS
Closed Session Announcements
City Manager or Staff Reports
Council Reports
7. ADJOURNMENT
Next Meeting: Regular Meeting
Date: 4/23/2024 6:30 PM
NOTICE TO THE PUBLIC
There is a 90-day limit for the filing of a challenge in the Superior Court to certain City administrative decisions and orders which require a hearing by law, the receipt of evidence, and the exercise of discretion. The 90-day limit begins on the date the decision is final (Code of Civil Procedure §1094.6). Further, if you challenge an action taken by the City Council in 5 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: Tuesday, April 9, 2024 9:37 AM
To: City Clerk <[email protected]>
Subject: Constituent Comment: Citing CA Civil Code
ITEM NUMBER: 2
Dear Members of the Concord City Council:
It has come to my attention that references to CA Civil Code are being made by non- legal experts at city council meetings so as to potentially impede upon projects or otherwise cumulative policymaking. My suggestion to the city council is, if they need clarification on anything ambiguous in CA Civil Code, to direct those inquiries to the City Attorney, Suzanne Brown, as she is legally trained, possesses the requisite background in interpreting CA Civil Code sections. You need to ensure that any analysis of CA Civil Code comes from the most qualified individual who attends the meetings. That person obviously is Ms. Brown. Thank you.
-Jason Pfister
Written Public Comment
Agenda Item No. 2.a
April 9, 2024
2.a
Todos Santos Business Association
CONCORD DOWNTOWN WELCOME &
CLEANLINESS PROGRAM
Summary Results
May 2023 – April 2024
Welcome Program History
In 2022 the TSBA Board through its membership identified some critical concerns with the business environment of Concord Downtown. The priorities included the lack of the proper security, safety, cleanliness, and “welcoming” environment for the downtown customers, residents, and visitors. When the TSBA Board expressed these concerns to the City Council, City Staff, and Concord PD, we received a very receptive and constructive working relationship to see how they can be best addressed. In working with the City Economic Development Dept. our TSBA Board applied for an ARPA Grant of $458,490 for a “Concord Downtown Welcome & Cleanliness Program” and in early 2023 the City Council gave approval. The program began its initial implementation in May 2023. In July of 2023, The Welcome Program received an additional $50,000 grant from the Brenden-Mann Foundation in support to bring the available funds to $505,490.00.
Welcome Program Goals & Objectives
Benched Report
Agenda Item No. 3.c
April 9, 2024
1. Recruit and implement a TSBA Downtown Security Officer for daily foot and vehicle patrols of the downtown business district with emphasis on the two city parking structures and Todos Santos Plaza all in effort to present a safer and more secure downtown.
2. Recruit and implement a TSBA Downtown Day Porter service for daily foot patrol to pick up debris, trash, graffiti removal and present a cleaner more hygienic downtown.
3. Recruit and implement a TSBA Downtown Pressure Washing service for targeted and additional cleaning of public & private pathways and sidewalks to present a cleaner and more hygienic downtown.
3.c
Program Results to-date
As of April 1, 2024, the goals and objectives numbered 1-5 have been an overwhelming success and have exceeded our expectations. Please see specific notes, photos, and figures later in
this report on each specific item listed. The daily security patrol has significantly dropped the number of negative contacts that had been first encountered in the city garages and the primary office has been a very popular and welcome sight to the local business community. The day porter has been equally very successful in removing newly thrown trash and graffiti from the common paths of travel before visitors and customers could come across it. The pressure washing has added a great deal of cleanliness to the very high trafficked paths of travel of Todos Santos Plaza and has also inspired a few private property managers to join the effort.
The cooperation and support of the City Staff, Public Works, Concord PD, and City Council have been exemplary with the Welcome Program. It has been clear that Public Works had made p
ositive work and emphasis on the landscaping and cleanliness of the business district. It has been clear that Concord PD has stepped up patrols of the garages and targeted downtown areas and made a firm directive to support the downtown Welcome Program. The City Staff along with their Corridors Improvement Programs, added bicycle and pedestrian lanes, added improved landscaping, lighting, new Big Belly Trash Units, and the very popular Todos Sanots events and festivals have greatly added to the success of objectives 1-5.
However, as the objectives 1-5 have been successful, objective #6 has not. The reception of an added tax or assessment among the downtown business community has been poor. Those that had initial support or slight interest for it have had it wane or disappear. The economy, rent hikes, CAM charges, and specifically with Brenden Theatres the poor state of the movie industry, have negatively affected any momentum. In the PBID research conducted by the TSBA Board found initial costs could be $25K-$35K to get off the ground and before the decisions makers has also now deterred momentum.
Below is a summary of the status the grant funds expenditures and remaining balance. The current projection is that the Welcome Program has enough funds to continue to late February and early March 2025.
4. Work closely with the City Staff, Public Works, Concord PD, and City Council on current and future initiatives and projects that will enhance the downtown business district.
5. Work closely with the downtown business owners and managers to support and market the new Welcome Program and to do their part to maintain the security and cleanliness of their stores and outside areas.
6. Market the success of goals & objectives items 1-5 and create momentum among the downtown property owners, property managers, and business owners to establish a PBID to pay for and maintain these services in the future.
Welcome Program Expenditures
TSBA Appreciation
The TSBA Board and Organization sincerely appreciates the cooperation of the City Council, City Staff, Public Works, and Concord PD for their support of the Welcome Program. The hard work of the Economic Development Dept., the Downtown Program Manager, the Concord PD Community Impact Unit, and more in support the Concord Downtown has been very much noticed and appreciated.
Downtown Security
After much research and interviews, a downtown security company (AX9) was selected for the security service and after many security officer interviews, the Officer Israel Leiva was selected as the primary officer to lead this effort. A daily schedule of 1:00 pm – 9:00 pm was given with patrols via foot, bike, and vehicle. The officer would strictly act as a visual deterrent and act as extra “eyes and ears” for local law enforcement. They would carry only an ID Badge and cell phone and no weapons of any type. The initial emphasis was the patrol of the two City garages and Todos Sanots Plaza. A summary was kept by TSNA Board of the security officer’s negative daily contacts with individuals blocking exits, entrances, elevators, stairwells, camping, smoking, drug or alcohol use, crimes, disturbances, defecating, urinating, vandalizing, etc.
The initial months of June and July were almost overwhelming to the officer. Consistent negatives contacts were common and may with repetitive individuals. Please review the chart below. You can see the number of contacts mainly in the two City garages and total contacts were 82 in June and 73 for July. Overtime the messaging got out in part to the daily presence of the security office and the renewed emphasis of the Concord PD. In the months to follow there is a significant drop in the number of contacts and in the month of January TSBA had the officer
start to patrol the outer perimeter of the business district and slightly reduce the heavy emphasis of the two City garages
The security office plainly acts as a force multiplier for Concord PD. The office handles many smaller and routine issues like parking and individuals causing minor disturbances. This many saves’ calls into the Concord PD and equates to time and budget savings. And through the start of the security officer in June 2023 through April 1, 2024 there has not been single complaint or report of a negative interaction with our officer. The TSBA Security Officer has been an overwhelming success.
Here are two quotes from Lt. Renee Willaims of the Concord PD Community Impact Unit from her comments concerning the summary reports sent to her from TSBA. “We have noticed a positive change in the area with the addition of TSBA Security” (11/21/23) and “The security officers’ downtown are very effective” (3/13/24) Finally, the security officer, in particularly Israel, has made countless “meet & greets” with most all business district managers and employees. He has stopped in and introduced himself and checks in on them frequently. He has promoted a sense of community among the downtown businesses and they feel much better knowing her is around.
TSBA Downtown Day-Porter
Another Concord vendor was chosen for the TSBA Day Porter Program *BSM Building Services Maintenace on Stanely Drive). They began operations on May 9, 2023. The program consists on one daily day porter from 800 am – 400 pm to walked designated routes with rolling trash bin, sweeper, wipers, graffiti remover, gum remover, etc. The routes emphasize the Todos Santos plaza area and most frequented paths of travels by visitors.
Since May 2023 – April 1, 2024, the TSBA Day Porter Program has worked 322 shifts and 2576 hours. They have removed 302 full sized trash bags of debris from the downtown area.
In addition, targeted graffiti cleaning of public benches, trash cans, tables, planters, railings, and more have been a daily emphasis. And many times, the Day Porter has used the Concord Connect App to report large debris piles and other hazards beyond their scope of work.
The Daty Porter Program has also been an overwhelming success. TSBA Board met with City Public Works and reviewed the Day Porter Routes so not duplication of services was made.
TSBA Board has received many positive notes about visitors and business managers seeing the work of the Day Porter. Here is a quote from Beth Javens, Executive Director of Visit Concord, from her comments regarding a TSBA summary report; “I have been out of town and came back yesterday and noticed just how clean the sidewalks and areas are around our office and down through Nan Curry. Things are looking clean!” (9- 27-23).
TSBA Downtown Pressure Washing Program
Another downtown Concord business was selected to provide pressure washing services for the downtown business district (Welcome Business Maintenance). They are assigned top clean on a as-needed basis directed by the TSBA Board both public and private heavily used paths of travel from downtown visitors. This service replaced no other current existing service and only compliments them.
They began operations in August 2023 and have cleaned areas such as Grant St. from Baskins Robbin to Hamburger Palace, all the pavers in front of Chase Bank, the sidewalk, and
pavers from Old Spaghetti Factory past Peets and down to Nan Curry, then the Starbucks area up to Luna. Other others include the Adobe and Salvio sidewalks. Upcoming areas include Colfax and Mt Diablo sidewalks. There past service dates have been Aug. 1, Aug. 8, Sept. 15, Oct. 18, Nov. 27, Feb. 29, March 11, and March 25. An emphasis to keep up with the pigeon debris on the pavers in front of Peets and Chase Bank is ongoing.
Conclusion
TSBA is proud of the success of the Welcome Program. We are very appreciative of the ARPA Grant and very appreciative of the cooperation and support of the City Council, City Staff, Public Works, and Concord PD. We hope in some capacity the program can continue beyond 2025.
Thank you.
TSBA Board
Public Safety Update
2023 Review
MARK BUSTILLOS, CHIEF OF POLICE
1 A P R I L 9 , 2 0 2 4
3.d
Index Crimes
2 Index Crimes 2022 2023 Difference % Change
Homicide 5 4 -1 -20%
Rape 30 33 3 10%
Aggravated Assault 581 406 -75 -30%
Robbery 182 203 21 11%
Burglary 500 528 28 5%
Larceny Theft 2,554 2,448 -105 -4%
Vehicle Theft 735 812 77 10%
Arson 71 45 -26 -36%
Index Crimes Totals 4,658 4,479 -179 -3%
National Incident Based Reporting System (NIBRS)
Group A Offenses
3 NIBRS Offenses 2022 2023 Difference % Change
Aggravated Assault 581 406 -175 -30.12%
All Other Larceny 590 586 -4 -0.68%
Animal Cruelty 7 5 -2 -28.57%
Arson 71 45 -26 -36.62%
Assisting Or Promoting Prostitution 0 8 +8 ∞%
Burglary/Breaking & Entering 500 528 +28 5.6%
Counterfeiting/Forgery 74 72 -2 -2.7%
Credit Card Fraud 90 60 -30 -33.33%
Destruction / Vandalism Of Property 1001 976 -25 -2.5%
Weapon Law Violations 293 381 +88 30.03%
NIBRS Group A Offenses
4 NIBRS Offenses 2022 2023 Difference % Change
Drug Equipment Violations 385 440 +55 14.29%
Drug/Narcotic Violations 836 827 -9 -1.08%
Embezzlement 17 28 +11 64.71%
Extortion/Blackmail 8 9 +1 12.5%
False Pretenses/Swindle 196 184 -12 -6.12%
Fondling 71 86 +15 21.13%
Human Trafficking 0 1 +1 ∞%
Identity Theft 21 28 +7 33.33%
Impersonation 39 45 +6 15.38%
Intimidation 184 175 -9 -4.89%
NIBRS Group A Offenses
5 NIBRS Offenses 2022 2023 Difference % Change
Kidnapping/Abduction 38 59 +21 55.26%
Motor Vehicle Theft 735 812 +77 10.48%
Murder & Nonnegligent Manslaughter 5 4 -1 -20%
Negligent Manslaughter 1 1 0 0%
Pocket-Picking 8 14 +6 75%
Pornography/Obscene Material 11 20 9 81.82%
Prostitution 0 7 +7 ∞%
Purse-Snatching 8 12 +4 50%
Rape 30 33 +3 26.67%
Robbery 182 203 +21 11.54%
NIBRS Group A Offenses
6 NIBRS Offenses 2022 2023 Difference % Change
Sexual Assault With An Object 12 8 -4 -33.33%
Shoplifting 227 401 +174 76.65%
Simple Assault 763 978 +215 28.18%
Sodomy 10 8 -2 -20%
Statutory Rape 3 6 +3 100%
Stolen Property Offenses 127 146 +19 14.96%
Theft From Building 164 208 +44 26.83%
Theft From Motor Vehicle 1253 944 -309 -24.66%
Theft of Motor Vehicle Parts 304 283 -21 -6.91%
Total for Groups A Offenses 8845 9042 +197 2.23%
Aggravated Assault & Larceny Theft
AGGRAVATED ASSAULT LARCENY THEFT
7 Argument
47%
Drug
Argument
0.2%
Money
Argument
2%
Property
Argument 3%
Assault on
LEOs 9%
Child Abuse
2%
Domestic
Violence
13%
Drug Dealing
0.5%
Gang
0.2%
Juvenile Gang
0.2%
Lover's
Triangle
1%
Other
Circumstances
22%
Theft from
Motor Vehicle
39%
Shoplifting
16%
Theft of Motor
Vehicle Parts or
Accessories
12%
Theft from Building
8%
All Other
Larceny
24%
Pocket-
Picking
1%
Purse-Snatching
0.5%
Total 406 Total 2,448
Transitioning from UCR to NIBRS
Challenges and Solutions
8 Enhancing Data Collection and Reporting
➢ Legacy Systems Upgrade: Modernized infrastructure to support NIBRS requirements, enhancing data collection and analysis capabilities.
➢ 2021: Implemented Mark43 Computer Aided Dispatch &
Record Management System.
➢ 2022: Strengthened records management by hiring a
dedicated Records Manager and team expansion.
➢ 2023: Implemented Peregrine Technologies for real-time situational awareness, data analysis, and increased
transparency.
➢ Staff Training: Officers and staff educated on NIBRS protocols, ensuring accuracy in data collection and reporting.
➢ 2024 NIBRS Roadmap: Future updates to ePolice (online) reporting system planned for full NIBRS compliance and improved data submission processes.
Cpl. Christopher Blakely
Impacts of eReports on Crime Statistic
9 NIBRS Offenses 2022 e2022 Total
2022 2023 e2023 Total
2023
NIBRS %
Change
Total %
Change
Larceny Thefts
Stolen Property 2,681 383 3,064 2,594 340 2,934 -3% -4% Identity Theft 21 213 234 28 212 240 33% 2%
Vandalism
Vehicle
Tampering
1,001 231 1,232 976 225 1,201 -2% -2%
All Other NIBRS
Group A
Offenses
5,142 - 5,444 - 5%
Total 8,845 9,672 9,042 777 9,819 2% 1.52%
2023 Investigation Highlights
10 Pursuing Justice: Solving a 2021 Homicide
➢ June 2023: Through an extensive investigation, utilizing various forms of evidence including phone records, DNA, and license plate reader data, charges were filed against Viliami Ofanoa for the Feb. 2021 homicide.
Multi-Agency Investigation Into Organized Retail Theft
➢ Sep. – Nov. 2023: Concord Police, in collaboration with the Contra Costa FBI Safe Streets Task Force and local law enforcement agencies, successfully investigated and charged three individuals for their involvement in a series of 25 organized retail thefts and burglaries across the greater Bay Area, resulting in over $650,000 in losses.
Arrest for Murder Linked to Fentanyl Overdose
➢ Dec. 2023: Police responded to a fatal fentanyl overdose and through their investigation, were able to identify and arrest the supplier of the counterfeit painkiller containing fentanyl for murder.
Quantifying Use of Force
Response and Patterns
What is Being Tracked?
➢ Number of Use of Force incidents
➢ Type of force used
➢ Reason for Use of Force
➢ Injuries to person or officer
➢ Injuries requiring medical attention
➢ Severity of criminal charges
➢ Type of services rendered at the
time of the incident
➢ Precipitating factors
11
2023 Quantifying Use of Force
12 Use of Force per Calls for Service
Use of Force
Incidents
Calls for Service % resulting
in Use of Force
98 110,003 0.09%
2023 Quantifying Use of Force
13 Use of Force Type # %
Distraction Strike 2 1.7
Pepper Spray 1 0.8
Personal Body Weapon 23 20%
Take Down 81 70%
Taser 7 6%
Firearm 0 0%
K9 0 0%
Types of Use of Force (UOF)
2023 Quantifying Use of Force
14 InjuriesReason for Force
#
Defense of Others 2
Defense of Self 9
Effect an Arrest 51
Maintain Order 2
Overcome Resistance 26
Prevent Escape 8
#
Suspect(s) 27
Officer 11
Police and County Partnership
in Mental Health Response
Partnership with County Mental Health Services
➢ In 2021, partnered with Contra Costa County’s Mobile Crisis Response Team – Anyone, Anywhere, Anytime (A3) to
respond to mental health calls.
➢ Diverted or co-responded to calls related to a mental health crisis.
A Data Driven Approach
➢ Integrate and analyze data to identify mental health issues, improve situational awareness, and efficiently deploy mental health services as needed.
Track Mental Health Calls and Services in Real Time
➢ Created a dashboard to track our mental health calls
➢ Identified frequencies and metrics of when and where we utilize A3 services
15
Mental Health Services: 2023
16 ➢ Total A3 Calls for Service:
➢ A3 Response:
➢ Officer & A3 Co-Response:
➢ A3 Unavailable:
➢ Calls for Service Canceled:
300
80 47
48 25
40 51
30 74
63 42
A3 Calls for Service
Mental Health Services: 2023
17
Enhancing Public Safety
2023 Drone Usage
Key Facts:
➢ Established in March 2022
➢ 12 active pilots, 1 supervisor
➢ All Part 107, basic, advanced, and nigh flight certified ➢ Tracked and audited using Air Data
➢ Usage logs uploaded to City of Concord Website monthly Deployments:
➢ Search & Rescue: 28
➢ Law Enforcement Operations: 338
➢ Observation for officer safety (interior/exterior)
➢ Locating a criminal suspect evading police
➢ Crime scene investigations/collision reconstruction
➢ Demo & Public Demonstrations: 18
➢ Test Flights & Training: 106
18
Annual Calls for Service Received
19
Concord Connect
Efficient Non-Emergency Response
20
Understanding Response Times
Computer Aided Dispatch System:
➢ Collects timestamps throughout the call duration, including automatic data and manual inputs that provide situation awareness
➢ Manual inputs, such as officer arrival or updates, or call for service type
Outliers’ Impacts on Response Times:
➢ Difficulty obtaining situational details and accurate locations from callers
➢ Difficulty in finding victims, suspects, or crime scenes ➢ Extended incidents like hospital calls or late victim callbacks, including late or unreported incidents
➢ Instances where calls are reopened for follow-up or due to changing situations
➢ Human error such as forgetting to mark “on-scene” status in CAD
21
Calls for Service
Average Response Times
22
Community Policing
2023 Highlights
23 Coffee with a Cop Community Engagement Trunk or Treat Event New Hope Church Bike Rodeo Stuff the Cruiser
The City’s Public-Facing Crime Map
A Collaborative Effort for Community Safety
✓Empowering Community Awareness
An interactive map hosted on the City’s website, allows residents to see reported crimes to ensure they are
informed and vigilant.
✓Privacy-respected Crime Reporting
Designed with privacy in mind, allows residents to search by address but anonymizes crime to the nearest reporting district to ensure sensitive information is protected.
✓Collaboration for Safety
Working closely with our Geographic Information Systems team to enhance public safety and transparency within our community.
24
Police Department Staffing
➢Sworn Personnel
➢Police Officer Trainee
➢Lateral Police Officer
➢Anticipated Retirements
➢Professional Personnel
➢Dispatch
➢Community Service Officer (CSO) – Detention
➢Community Specialist (part-time)
25
Questions?
26
Staff Report
Date: April 9, 2024
To: City Council
From: Edi E. Birsan, Mayor
Reviewed by: Joelle Fockler, MMC, City Clerk
Prepared by: Stefanie Ananthan, Deputy City Clerk
[email protected]
(925) 671-3085
Subject: Confirming the appointment of Tijuk Fong Kurniadi as the City of Concord's representative to the Central Contra Costa Transit Authority Advisory Committee (County Connection) for the remainder of a four-year term ending December 31, 2024.
Report in Brief
Confirm the appointment of Tijuk Fong Kurniadi as the City of Concord’s representative to the Central Contra Costa Transit Authority Advisory Committee (County Connection) for the remainder of a four-year term ending December 31, 2024.
Recommended Action
Confirm the appointment of Tijuk Fong Kurniadi as the City of Concord’s representative to the Central Contra Costa Transit Authority Advisory Committee (County Connection) for the remainder of a four-year term ending December 31, 2024.
Background
The Central Contra Costa Transit Authority Advisory Committee (County Connection) is comprised of 11 members from Central Contra Costa County. Each member jurisdiction recommends one (1) member for appointment. Robert Barnes was appointed to represent the City of Concord on March 8, 2022. Mr. Barnes submitted his resignation on January 15, 2024.
The Central Contra Costa Transit Authority (CCCTA) Advisory Committee meets bi- monthly and is charged with the responsibility of acting as advisors to the CCCTA Board of Directors and collecting and reporting service issues and concerns received from the
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City Council Agenda Report
Agenda Item No. 4.a
April 9, 2024
jurisdictions. Members may volunteer or be appointed by the Chair to attend CCCTA Committee meetings, participate in Advisory Committee subcommittees, or undertake other duties for the Advisory Committee.
The primary purpose of the Advisory Committee is to review, analyze and advise the County Connection Board of Directors on issues and policies relating to fixed-route and paratransit service. The Advisory Committee will consider and make recommendations on finance and planning documents that include but are not limited to the following:
CCCTA Ten-Year Short-Range Transit Plan, annual operating and capital budget, annual marketing plan, other issues such as operations, scheduling, administration, finance, and legislation.
A recruitment for the Central Contra Costa Transit Authority Advisory Committee (County Connection) was announced on January 23, 2024. Applications were due to the City Clerk by Friday, February 23, 2024.
The City Clerk received two (2) applications from Tijuk Fong Kurniadi and Matthew Selvester. The Mayor held interviews on March 18, 2024; Mr. Selvester was considered without interview. Outside agency representatives are appointed by the Mayor and confirmed by the City Council.
Public Contact
The City Council Agenda was posted.
Staff Report
Date: April 9, 2024
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Mark Bustillos, Chief of Police
Prepared by: Kevin Halm, Police Sergeant
[email protected]
(925) 671-3336
Subject: Considering adoption of a Resolution Accepting the Concord Police Department AB 481 2023 Military Equipment Report, 2024 Military Equipment Inventory, Determining to Continue Ordinance 22-6 and Concord Police Department Policy 706:
Military Equipment, and Determining that Each Type of Military Equipment Identified in that Report has Complied with the Standards for Approval Pursuant to Ordinance No. 22-6 and AB 481.
CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, Guidelines Sections 15060(c)(2),
15061(b)(3), and/or 15378.
Report in Brief
The Concord Police Department (CPD) is required under California Government Code § 7072, and by City of Concord Ordinance 22-6, to submit an annual report to the City Council on its use, inventory, and acquisition of military equipment defined under Assembly Bill (AB) 481.
Recommended Action
Adopt the attached Resolution.
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City Council Agenda Report
Agenda Item No. 4.b
April 9, 2024
Background
On September 30, 2021, the Governor of the State of California approved AB 481 (codified as Chapter 12.8 of the California Government Code) requiring law enforcement agencies such as the CPD to have a military equipment use policy approved by the City Council prior to requesting, seeking funding, acquiring or using items that it defined as military equipment. AB 481 allows the governing body to approve the policy within its jurisdiction only if it determines that the military equipment meets specified standards.
On April 12, 2022, the Concord City Council approved Ordinance 22-6 for CPD Policy #706: Military Equipment Use Policy, as well as its attached inaugural Military Equipment Report and Inventory. On April 11, 2023, the Concord City Council passed a resolution to accept the CPD Military Equipment Report for 2022 and Inventory for 2023 and approved the continued use of that equipment.
Analysis
As required by AB 481 and the Ordinance, annually CPD must prepare a report on the use of each type of military equipment approved in the policy over the last year.
Subsequently, the City Council must then review the Ordinance, Policy and Annual Report, and determine whether the Department’s use of the defined military equipment in the past year complied with the Policy, and whether to continue the Ordinance and Policy, take action (by ordinance) to modify the Policy or repeal the Ordinance.
As set forth in the Policy, CPD retains and employs limited equipment that falls under this legislation and subsequent law to safeguard its community. CPD police officers, certified instructional staff, and specialized units receive training throughout the year on the use of this equipment approved under the Policy.
The annual approval of the Policy, report, and inventory continues the use of the equipment currently in CPD’s inventory by authorized and trained personnel when the use is necessary to maintain public safety. The inventory includes the items approved by Council last year, as well as the planned acquisition of two operational unmanned aerial vehicles (UAVs) to replace and supplement the current inventory, an add-on kit that allows indoor UAVs to operate deeper into structures, as well as ten low-cost training UAVs to save wear and tear on the more expensive operational units.
Financial Impact
Approval of this resolution will allow CPD to purchase two Autel EVO 2 UAV’s to be flown on active calls for service costing $11,360, the Brinc Leumur 2 add-on package costing $8,780 for indoor UAVs, and ten Tiny Hawk training UAVs costing a total of $3,182. The total fiscal impact should this resolution be approved will be $23,592 and the funds for these purchases are available within the existing Police Department budget.
City Council Agenda Report
Agenda Item No. 4.b
April 9, 2024
Environmental Determination
This item is exempt from California Environmental Quality Act (CEQA) as it does not constitute a "project" within the meaning of Public Resources Code Section 21065, CEQA Guidelines Section 15060(c)(2), and/or 15378 including subsection (b)(4). If this were determined to be a “project” for CEQA analysis, this activity falls within the "Common Sense" CEQA exemption set forth in CEQA Guidelines Section 15061(b)(3).
No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. This determination reflects the City’s independent judgment and analysis.
Public Contact
The City Council Agenda was posted. The Concord Police Department 2023 AB481 Report and 2024 Equipment List was published on the City’s website on March 13, 2024. A community meeting hosted by officers fluent in English and Spanish, was held in-person in the Concord Police Department Community Room on March 27, 2024. The meetings were advertised on the City’s website and through City and CPD social media.
Three members of the public attended the meeting and asked questions primarily about how CPD would respond to an active attack (active shooter, etc.) and were concerned that CPD had access to enough training, armor (both personal body armor and vehicle armor), and wanted assurances that PD would be able to protect both themselves and the public should such an attack occur. There were no complaints or concerns that were expressed at the meeting regarding CPD’s current inventory or use of equipment over the past year.
Attachments
1. Resolution accepting the Concord Police Department AB481 2023 Military Equipment Report and 2024 Military Equipment Inventory
Exhibit A: Concord Police Department 2023 Military Equipment Report and 2024 Military Equipment Inventory
2. Concord Police Department Policy 706
Res. No. 24-XX 1
BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD
COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Accepting the Concord Police
Department AB481 2023 Military Equipment Report,
2024 Military Equipment Inventory, Determining to
Continue Ordinance 22-6 and Concord Police
Department Policy 706: Military Equipment, and
Determining that Each Type of Military Equipment
Identified in that Report has Complied with the
Standards for Approval Pursuant to Ordinance No.
22-6 and AB 481
Resolution No. 24-XX
/
WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481 (“AB 481”), adding Chapter 12.8, “Funding, Acquisition and Use of Military Equipment,” to Division 7 of Title 1 of the Government Code (Sections 7070-7075), relating to the use of equipment defined as military equipment under the statute by California law enforcement agencies; and WHEREAS, AB 481 seeks to provide transparency, oversight, and an opportunity for meaningful public input on decisions regarding whether and how military equipment is funded, acquired, or used; and
WHEREAS, AB 481, inter alia, requires the Concord Police Department submit to the City Council an annual military equipment report for each type of military equipment approved by the City Council; and
WHEREAS, the Concord Police Department held a well-publicized and conveniently located community engagement meeting regarding the Police Department's Policy and use of military equipment, on March 27, 2024, pursuant to Government Code Section 7072(b); and WHEREAS, annually, the City Council shall review Ordinance 22-6 (“Ordinance”), Concord Police Department Policy 706 (“Policy”), and the annual military equipment report prepared by the Concord Police Department pursuant to Government Code Section 7072 and determine by resolution whether to continue the Ordinance and Policy or to modify such Policy or initiate the repeal of the Ordinance; and
Attachment 1
Res. No. 24-XX 2
WHEREAS, annually, the City Council shall determine, based on the annual military equipment report and inventory submitted pursuant to Government Code Section 7072, whether each type of military equipment identified in that report and inventory has complied with the standards for approval set forth in the Ordinance; and
WHEREAS, the Concord Police Department Concord Police Department 2023 Military Equipment Report and 2024 Military Equipment Inventory is attached hereto as Attachment A and incorporated by reference (“Report”); and
WHEREAS, the City Council, after giving all public notices required by State law and the Concord Municipal Code, held a duly noticed public meeting on April 9, 2024, to consider the Ordinance, Policy, and Report (“Meeting”); and
WHEREAS, at such public meeting, the City Council reviewed the Ordinance, Policy, and Report, considered all oral and written information, testimony, and comments received during the public review process, including information received at the public meeting, the oral report from City staff, the written report from City staff dated April 9 2024, and other exhibits presented.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CONCORD DOES RESOLVE AS FOLLOWS:
Section 1. The above recitals are true and correct and are a substantial part of this resolution.
Section 2. This item is exempt from California Environmental Quality Act (CEQA) as it does not constitute a "project" within the meaning of Public Resources Code Section 21065, CEQA Guidelines Section 15060(c)(2), and/or 15378 including subsection (b)(4). If this were determined to be a “project” for CEQA analysis, this activity falls within the "Common Sense" CEQA exemption set forth in CEQA Guidelines Section 15061(b)(3). No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. This determination reflects the City’s independent judgment and analysis.
Section 3. The City Council hereby determines to continue the Ordinance and Policy.
Section 4. The Meeting was held pursuant to and in compliance with the Ordinance and AB 481, including Government Code Section 7072(b).
Res. No. 24-XX 3
Section 5. The Report complies with the Ordinance and AB 481, including Government Code Section 7072. Based on the Report, each type of military equipment identified in that Report has complied with the standards for approval set forth in the Ordinance and AB 481, including Government Code Section 7071.
Section 6. The City Council hereby accepts the Report, continuing to allow the retention, use, and purchase of the listed equipment to enhance public safety and safeguard the community.
Section 7. This resolution shall become effective immediately upon its passage and adoption.
PASSED AND ADOPTED by the City Council of the City of Concord on April 9, 2024, by the following vote:
AYES: Councilmembers -
NOES: Councilmembers -
ABSTAIN: Councilmembers -
ABSENT: Councilmembers -
I HEREBY CERTIFY that the foregoing Resolution No. 24-XX was duly and regularly adopted at a regular meeting of the City Council of the City of Concord on April 9, 2024.
Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:
Susanne Meyer Brown
City Attorney
Attachment: Exhibit A – Concord Police Department 2023 Military Equipment Report and 2024 Military Equipment Inventory Page 6 of 48
Concord Police Department
Military Equipment Report for 2023
and Inventory for 2024
Exhibit A to Attachment 1
Concord Police Department Military Equipment Report for 2023 1 Table of Contents
Introduction……………………………………………………………………………….. 2
Definitions…………………………………………………………………………………. 3
Inventory: Robots………………………………………………………………………… 4
Inventory: UAV………………………………………………………………………….... 5
Inventory: Armored Rescue Vehicle…………………………………………………….7 Inventory: Crisis Negotiations Team Van……………………………………………… 8 Inventory: Tactical Dispatch Van……………………………………………………….. 9 Inventory: Kinetic Breach Tool………………………………………………………….. 10 Inventory: Breaching Shotgun………………………………………………………….. 11 Inventory: Carbines………………………………………………………………………. 12
Inventory: Long Rifles……………………………………………………………............13 Inventory: Pistol Caliber Carbine……………………………………………………..…14 Inventory: Noise Flash Diversionary Device………………………………………...…15 Inventory: Chemical Agents…………………………………………………...…..…….16 Inventory: PepperBall Launchers and Projectiles…………………………….……….18 Inventory: Kinetic Impact Launchers……………………………………………………20 Inventory: Kinetic Impact Munitions…………………………………….……………….21 Inventory: Long Range Acoustic Device…………………………….………………….22 Community Concerns and Complaints………………………………………………….23 Crisis Response Unit Usage……………………………………………………………..24
UAV Usage and Flights………………………………………………………………..…26
Projected Equipment Acquisition and Replacement in 2023……….…………...…...36 Conclusion…………………………………….………………………………………...…37
Concord Police Department Military Equipment Report for 2023 2 Introduction
On September 30, 2021, the Governor of the State of California approved Assembly Bill 481 (codified as Chapter 12.8 of the California Government Code) requiring law enforcement agencies such as the Concord Police Department to have a military equipment use policy approved by the City Council prior to requesting, seeking funding, acquiring or using items that it defined as military equipment. Assembly Bill 481 allows the governing body to approve the policy within its jurisdiction only if it determines that the military equipment meets specified standards.
On April 12, 2022, the Concord City Council approved Ordinance 22-6 approving Concord Police Department Policy #706: Military Equipment Use Policy. On April 11, 2023, the Concord City Council passed a resolution to accept the CPD Military Equipment Report for 2022 and Inventory for 2023 and approved the continued use of that equipment.
As required by Assembly Bill 481 and the Ordinance, annually the Concord Police Department must prepare a report on the use of each type of military equipment approved in the Policy over the last year. Subsequently, the City Council must then review the Ordinance, Policy and Annual Report, and determine whether the Department’s use of the defined military equipment in the past year complied with the Policy, and whether to continue the Ordinance and Policy, take action (by ordinance) to modify the Policy or repeal the Ordinance.
As set forth in the Policy, the Concord Police Department retains and employs limited equipment that falls under this legislation and subsequent law to safeguard its community.
Concord Police Department officers, certified instructional staff, and specialized units receive training throughout the year on the use of this equipment approved under the Policy.
This annual report outlines the Concord Police Department’s military equipment inventory and usage and community complaints over use of military equipment from January 1, 2023, through December 31, 2023. It also outlines the proposed purchase of new and/or replacement equipment during 2024. The Department will submit its Military Equipment Annual Report to City Council after December 31st of every year in compliance with AB 481.
Concord Police Department Military Equipment Report for 2023 3 Definitions
The Concord Police Department only utilizes a limited number of the resources listed below.
Definitions of Military Equipment established by California Government Code §7070:
Military equipment includes but is not limited to the following types of equipment:
▪ Unmanned, remotely piloted, powered aerial or ground vehicles ▪ Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers ▪ High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five- ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached ▪ Tracked armored vehicles that provide ballistic protection to their occupants ▪ Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units
▪ Weaponized aircraft, vessels, or vehicles or any kind ▪ Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram
▪ Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition
▪ Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code §30510 and Penal Code §30515, with the exception of standard-issue firearms
▪ Any firearm or firearm accessory that is designed to launch explosive projectiles ▪ Noise-flash diversionary devices and explosive breaching tools ▪ Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray
▪ Taser Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs)
▪ Kinetic energy weapons and munitions (e.g. 40MM launcher, bean bag shotgun, foam tipped projectiles)
▪ Any other equipment as determined by a governing body or a state agency to require additional oversight
Concord Police Department Military Equipment Report for 2023 4 Inventory
1. Robot
a. Description, Quantity, Capabilities, and Purchase Cost:
Transcend Vantage Patrol Robot. Qty: 1 Total Cost: $26,000. Battery powered, remote operated device that is equipped with non-recording cameras and two-way radio capabilities. This robot can climb stairs, open doors and be the delivery mechanism for chemical agents. The robot is used during high-risk incidents to aid officers in the de-escalation of a situation through intelligence gathering and negotiations. The use of this equipment is limited to trained members of the CPD SWAT team. Situations that qualify for its use are high-risk operations including but not limited to hostage situations, active-shooters, barricaded person incidents and/or high-risk warrant services and per CPD policy.
b. Purpose:
To be used remotely to gain visual and audio information to aid in the de-escalation and resolution of high-risk situations, to deliver negotiations phone, open doors, and clear buildings in search for victims, suspects and/or explosives. Before entering a structure, particularly in a tactically compromised and dangerous situation, knowledge of a subject’s location is critical and the robot can provide this situational awareness without placing undue risk to human life. Cameras can also help determine if a subject is armed and if there are other subjects inside that need assistance. The two-way speakers can be used to facilitate communication and determine resistance level which aid in the planning and decision making by officers.
c. Authorized Use:
CPD SWAT officers under the supervision of the Tactical/Incident Commander, who have completed the required training are permitted to operate the robot. Deployment missions related to SWAT are outlined within CPD policy. The SWAT team undergoes an estimated 120 hours of training per year and the use of the robot during training is included within these hours. Such use includes the clearing of a home after a barricaded person has been taken into custody in order to search for explosive hazards, hidden victims, or suspects prior to officers entering the home to search and deem the residence safe to occupy. SWAT officers receive specific training from the manufacturer on the use and operation of the robot and receive annual familiarization training with the robot.
d. Expected Lifespan:
Estimated to be 10 years, however dependent upon operational usage and wear.
e. Fiscal Impact:
No anticipated annual maintenance costs for the robot. Due to operational readiness and capabilities in support of first responder missions the periodic purchase of new robot(s) or replacement robot(s) may be required during the year. Any such purchase would be through existing CPD budget and/or grant/donation and in compliance with established City purchasing rules.
Concord Police Department Military Equipment Report for 2023 5 2. Unmanned Aerial Vehicles
a. Description, Quantity, Capabilities, and Purchase Cost:
Autel Evo UAS and Go-Command Kit. Qty: 4. Total Cost: $48,498. The Evo is a commercial-grade UAS primarily used for outdoor environments to support first responders during high-risk situations, evidence processing, search and rescue missions and other situations as outlined in CPD Policy 606- Unmanned Aerial System (UAS) Operations. The UAS is a battery powered, remote operated device with a standard and SMART controller system authorized for night operations and in compliance with FAA regulations. The UAS has a FLIR thermal camera to assist for night operations and has the ability to record data. There is a flight time of approximately 35 minutes per battery, depending on weather and flight conditions.
The Go-Command kit consists of a protective storage/deployment case containing power source, accessories for flight operations and a 24” LED viewing monitor.
Brinc Lemur UAS kit. Qty: 2. Total Cost: $16,498.00. The Brinc Lemur UAS is a commercial-grade UAS primarily used for indoor environments to support first responders in high-risk situations and other situations as outlined in CPD Policy 606- Unmanned Aerial System (UAS) Operations. The UAS provides remote viewing and audio data to aid in the de-escalation of high-risk incidents. The UAS is a battery powered, remote operated device with a standard controller system. The UAS is equipped with an Infrared (IR) camera system for low light conditions, cellular based two-way communications and turtle-mode for self-righting capabilities. The UAS is capable of opening doors that are ajar. There is a flight time of approximately 30 minutes per battery, and/or 10 hour perch time for communications and/or monitoring purposes without flight.
Loki MK2 UAS. Qty: 4. Total Cost: $24,656.80. The Loki is a commercial grade UAS primarily used for indoor environments to support first responders in high-risk situations by providing remote viewing and audio data to aid in the de-escalation of incidents. The UAS may assist in other first-responder operations as outlined in CPD Policy 606-Unmanned Aerial System (UAS) Operations. The UAS is a battery powered, remote operated device with a standard controller system. The UAS is operated independently via a single controller system. There is a flight time of approximately 16 minutes, and/or 6 hours of perched battery life for monitoring purposes without flight.
EMax TinyHawk III Trainers. Qty: 2. Total Cost: $800.00. The EMAX TinyHawk III is an indoor training UAS that would be used only for the purpose of teaching new UAS operators how to operate a UAS indoors. Using the inexpensive TinyHawk as a training tool while officers learn how to operate a UAS indoors will save significant wear and tear on the much more expensive Brinc and Loki UAS and ensures they remain ready for operational purposes. The TinyHawk UAS is a battery powered, remote operated device with a standard controller system. There is a flight time of approximately 15 minutes per battery.
Concord Police Department Military Equipment Report for 2023 6 b. Purpose:
UAS may be utilized to enhance the Department’s mission of protecting lives and property and for the collection of data to aid in first responder services in accordance with CPD Policy 606- Unmanned Aerial System (UAS) Operations.
c. Authorized Use:
To be deployed by CPD UAS team members in accordance with CPD Policy 606- Unmanned Aerial System (UAS) Operations. All UAS team members are required to hold a Part 107 UAS remote pilot certification and team members undergo Department led training and outside UAS training that address basic operations, indoor operations and nighttime operations. The following authorized uses of a UAS include:
• Post-incident crime scene preservation and documentation • HAZMAT response
• Locating individuals actively fleeing or hiding in an attempt to avoid apprehension
• Search and rescue
• Barricaded persons and other high-risk tactical operations • Locating individuals who are missing or are a danger to themselves or others • Disaster response (Flood, earthquakes, etc.)
• Training missions
• Fire response
• Pursuant to a search warrant
• Any situation where the use of a UAS would enhance public safety and/or officer safety and would be deemed lawful and reasonable.
d. Expected Lifespan:
Estimated at 10 years, however dependent upon operational usage and wear.
e. Fiscal Impact:
Estimated annual maintenance costs are $2000.00. UAS were paid for with CPD existing budget and $30,000 grant funding support. Due to operational readiness and capabilities in support of first responder missions the periodic purchase of new UAS(s) or replacement UAS(s) may be required during the year. Any such purchase would be through existing CPD budget and/or grant/donation and in compliance with established City purchasing rules.
Concord Police Department Military Equipment Report for 2023 7 3. Armored Rescue Vehicle
a. Description, Quantity, Capabilities, and Purchase Cost:
Mamba Mk1 Armored Personnel Carrier. Qty: 1. Donation. Acquired through the California Office of Emergency Services (CalOES) Public Safety Procurement Program in 2011 for no cost. This equipment was painted, marked with police insignia, and equipped with police emergency lighting that was funded by community donations. The Armored Personnel Carrier is a four-wheeled, right-side driven vehicle designed to provide a high degree of ballistic protection to officers and community members during high-risk incidents and has the capability to withstand multiple bullet strikes from small arms fire.
Ford E-350 Ballistic Van. Qty: 1 (To be replaced by Ford T-350 upon receipt).
Non-governmental donation. The van is a standard E-350, four-wheeled, left-hand drive vehicle that has been reinforced with a ballistic windshield, ballistic body and running boards along the side. The running boards allow for the ease and speed of officer deployments during high-risk incidents. The van is capable of withstanding multiple bullet strikes from small arms fire.
Ford T-350 Ballistic Van. Qty: 0 (City of Concord ordered, not yet received). $180,535. Replacement for above listed Ford E-350.
b. Purpose:
To be used during high-risk incidents to enhance officer and community safety, improve scene containment and stabilization, and assist in resolving critical and high- risk incidents where such ballistic protection is required to safeguard human life.
c. Authorized Use:
The use of the Mamba MK1 is strictly reserved for CPD SWAT officers who have undergone advanced armored vehicle operations driver training and assessment both held by outside law enforcement training sessions as well as internal driver training during the estimated 120 hours of yearly training CPD SWAT undergoes.
The use of the E-350 ballistic van does not require any special license or training and may be used by any CPD officer with the approval of a Command Officer during high-risk incidents. The use of the ballistic vehicles would include performing a life- saving rescue and evacuation of an officer or community member from a place of extreme danger where ballistic protection is required to safely complete the mission and not expose officers or community members to greater risk of injury or death, as well as other situations as outlined in CPD policy.
d. Expected Lifespan:
Estimated to be 20 years, however dependent upon operational usage and wear.
e. Fiscal Impact:
Estimated annual maintenance cost of $500.00.
Concord Police Department Military Equipment Report for 2023 8 4. Crisis Negotiations Team Van
a. Description, Quantity, Capabilities, and Purchase Cost:
Ford E-450 Decommissioned Public Transportation Bus. Qty: 1. Donated to CPD by County Connection Bus Services. The bus is equipped with workstations, cabinets and white boards instead of passenger seating.
b. Purpose:
This converted bus serves as a self-contained mobile base of operations and transportation for Crisis Negotiations team members in the response to high-risk incidents in which CPD Negotiators have been requested and approved to assist by the SWAT Team Commander.
c. Authorized Use:
No specialty driver license or training is required to drive the bus. The bus is driven by members of the Crisis Negotiations Team and/or SWAT Team in response to high-risk incidents and SWAT training.
d. Expected Lifespan:
Estimated to be 15 years, however dependent upon operational usage and wear.
e. Fiscal Impact:
Estimated annual maintenance cost of $500.00.
Concord Police Department Military Equipment Report for 2023 9 5. Tactical Dispatch Van
a. Description, Quantity, Capabilities, and Purchase Cost:
Ford E-450 Decommissioned Public Transportation Bus. Qty: 1. Donated to CPD by County Connection Bus Services. The bus is equipped with workstations, cabinets and white boards instead of passenger seating.
b. Purpose:
This converted bus serves as a self-contained mobile base of operations and transportation for the Tactical Dispatch team in the response to high-risk incidents in which CPD Tactical Dispatchers have been requested and approved to assist by the SWAT Team Commander. The van also serves as a back-up mobile Dispatch Center in the event the Dispatch Center at CPD Headquarters is evacuated and dispatch services to the community cannot be delivered from CPD headquarters.
c. Authorized Use:
No advanced driver license or training is required to drive the bus. The bus is driven by members of the Tactical Dispatch team and/or SWAT Team in response to high- risk incidents and SWAT training.
d. Expected Lifespan:
Estimated to be 15 years, however dependent upon operational usage and wear.
e. Fiscal Impact:
Estimated annual maintenance cost of $500.00.
Concord Police Department Military Equipment Report for 2023 10 6. Kinetic Breaching Tool
a. Description, Quantity, Capabilities, and Purchase Cost:
Aardvark Kinetic Breaching Tool (KBT). Qty: 2. Total Cost: $9,650. The KBT utilizes a proprietary .45 caliber handgun blank to deliver up to 850 ft/lbs of force through a narrowed and hardened steel ram to force open door hinges and to aid in the breaching of fortified doors. All of the force is mechanically driven through the ram and no projectile or explosive energy leaves the device. The tool weighs 28 lbs., features an 8-round cylinder for the KBT .45 caliber blanks, and a shock reduction handle system that reduces recoil force for single person operation.
b. Purpose:
To rapidly open secured or barricaded doors in the most efficient and safest way during high-risk incidents, when manual tools such as a pry-bar or handheld ram would be less effective or non-effective.
c. Authorized Use:
CPD SWAT officers who have been trained in its use. CPD SWAT officers that are POST-Certified Breaching Instructors provide a minimum of 10 hours of breaching training to the team each year. CPD SWAT officers undergo an estimated 120 hours of training per year where such breaching capabilities are also incorporated. The situations where such use may be authorized are outlined within CPD policy and would include an armed and dangerous barricaded person where the speed of entry into a fortified structure is paramount to aid in the safe apprehension of the suspect.
d. Expected Lifespan:
Estimated to be 10 years, however dependent upon operational usage and wear.
e. Fiscal Impact:
CPD has an inventory of 50 blanks for this KBT at a cost of $40 per blank. There is no known annual maintenance cost for the KBT unit. Due to operational readiness and capabilities in support of first responder missions the periodic purchase of the KPT .45 caliber blanks and/or KBT may be required during the year. Any such purchase would be through existing CPD budget and/or grant/donation and in compliance with established City purchasing rules.
Concord Police Department Military Equipment Report for 2023 11 7. Breaching Shotgun
a. Description, Quantity, Capabilities, and Purchase Cost:
Remington 870 12 Gauge Pump Shotgun. Qty: 4. Total Cost: $1600.00. The shotgun has a tactical shortened barrel with a stand-off port to vent gasses and debris away from the operator of the firearm during firing. The breaching shotgun and frangible rounds are used to expeditiously defeat deadbolts, locks, and hinges of doors. The frangible round is designed to transfer its energy into the lock and/or door frame and disintegrate upon impact rather than penetrate further.
Current Breaching Round Inventory
• Royal Arms TESAR-2 425 Grain Copper Frangible Breaching Round. Qty:
500 . Estimated cost of $1500.00 - $2000.00.
b. Purpose:
To rapidly open secured or barricaded doors in the most efficient and safest way during high-risk incidents, when manual tools such as a pry-bar or handheld ram would be less effective or non-effective.
c. Authorized Use:
CPD SWAT officers who have been trained in their use. CPD SWAT officers undergo an estimated 120 hours of training per year where such breaching capabilities are incorporated and SWAT officers that are POST-Certified Breaching Instructors provide a minimum of 10 hours of breaching training to the team. Situations in which deployments would be authorized are outlined in CPD policy and would include high- risk incidents where the use of the device is required in order to expeditiously gain access to a fortified location.
d. Expected Lifespan:
Estimated to be 20 years, however dependent upon operational usage and wear.
e. Fiscal Impact:
Estimated to be $0.00 - $2000.00 per year for breaching round inventory and $500.00 annually for the shotguns. Due to operational readiness and capabilities in support of first responder missions the periodic purchase of breaching rounds and/or breaching shotguns may be required during the year. Any such purchase would be through existing CPD budget and/or grant/donation and in compliance with established City purchasing rules.
Concord Police Department Military Equipment Report for 2023 12 8. Carbines
a. Description, Quantity, Capabilities, and Purchase Cost:
M4-style AR-15 shoulder-fire rifle chambered in .223 Remington (5.56 NATO) equipped with a non-magnified optic, sound suppressor, flashlight, modular handguard and adjustable sling. Qty: 135. Total Cost per unit is $2000.00.
Manufactures include Colt, Bushmaster, BCM, LWRC International, and Noveske.
Ammunition:
• Training: Winchester 55gr (80,000 rounds)
• Duty: Hornady TAP 75gr BTHP (30,000 rounds)
b. Purpose:
The carbine rifle is used by trained/certified officers during situations where more precision is needed, especially at a distance and beyond the capabilities of a handgun, and/or when the need to defeat soft body armor is required.
c. Authorized Use:
Officers deploying a carbine rifle must have received California POST-certified training as set forth in the California Penal Code, and must meet CPD qualification requirements which includes a yearly 4-hour recertification course and at minimum yearly qualification with the rifle. The use of this equipment is also determined by CPD Policy-Use of Force. Situations that may warrant the deployment of a shoulder- fire rifle include but are not limited to situations where an officer reasonably anticipates an armed encounter, when an officer reasonably believes that a suspect may be wearing body armor and/or a situation that requires more accurate and effective long range fire.
d. Expected Lifespan:
Estimated to be 20 years, however dependent upon operational usage and wear.
e. Fiscal Impact:
Estimated annual maintenance cost of $0.00 - $2500.00 for the rifles. The estimated cost of ammunition is $0.36 per training round and $0.67 for duty round. Due to operational readiness and capabilities in support of first responder missions the periodic purchase of ammunition and/or carbine rifles may be required during the year. Any such purchase would be through existing CPD budget and/or grant/donation and in compliance with established City purchasing rules.
Concord Police Department Military Equipment Report for 2023 13 9. Long Rifles
a. Description, Quantity, Capabilities, and Purchase Cost:
Accuracy International, model AXLE, chambered in .308 (7.62x51mm NATO) equipped with a precision magnified optic, sound suppressor, and bipod. Qty: 5.
Estimated cost per unit is $7500.00.
Accuracy International, model AXMC, chambered in .338 Lapua equipped with sound suppressor, precision optics, and bipod. Qty: 1. Estimated total cost is $9000.00.
Ammunition:
• .308 Duty and Training: Hornady TAP 175gr BTHP (8,000 rounds) • .338 Lapua – Ruag brand 250 gr HPBT( 2000 rounds)
b. Purpose:
The long rifle is used by CPD SWAT snipers who have received extensive marksmanship training to resolve high-risk situations where more precision is needed, especially at great distance, than a carbine rifle or handgun may provide, and/or when the suspect is likely to be wearing body armor. CPD SWAT sniper training includes a 40 hour basic long rifle/observer course as well as other advanced courses in addition to the estimated 120 hours of yearly training CPD SWAT officers undergo.
c. Authorized Use:
Used exclusively by CPD SWAT snipers. CPD SWAT officers deploying a long rifle must have received California POST-certified sniper/observer training and must meet CPD SWAT qualification requirements which includes at minimum qualification 3 times per year. CPD SWAT snipers use the standardized American Sniper Association qualification standards. An example of where a long rifle would be used would be in a hostage rescue situation to provide the ability to incapacitate the suspect from a safe distance with precision without harming the hostage. CPD SWAT snipers also operate as long range observers in tactical situations. The use of this rifle equipment is also determined by CPD Policy - Use of Force.
d. Expected Lifespan:
Estimated to be 20 years by the LMT and Accuracy International, however dependent upon operational usage and wear.
e. Fiscal Impact:
Estimated annual maintenance costs for the long rifles is $0.00 - $1000.00. The cost of ammunition is estimated to be $1.05 - $1.50 per round. Due to operational readiness and capabilities in support of first responder missions the periodic purchase of ammunition and/or long rifles may be required during the year. Any such purchase would be through existing CPD budget and/or grant/donation and in compliance with established City purchasing rules.
Concord Police Department Military Equipment Report for 2023 14 10. Pistol Caliber Carbine
a. Description, Quantity, Capabilities, and Purchase Cost:
Heckler and Koch MP5 SMG chambered in 9mm equipped with a non-magnified optic, sling, and flashlight. Qty: 16. Cost per unit $2000.00.
Ammunition:
• Training: 9mm 124gr FMJ (Winchester, Federal, Hornady). 8,000 rounds designated for the MP5.
• Duty: 9mm Federal 124gr +P HST. 8,000 rounds designated for the MP5.
b. Purpose:
The pistol caliber carbine is used by trained/certified officers in instances where more precision is needed, especially at distance, than a handgun may provide, but where a carbine rifle would be too large and unwieldy, such as inside a confined space (vehicle or small room).
c. Authorized Use:
Officers deploying a pistol caliber carbine must have received California POST- certified training as set forth in the California Penal Code, and must meet CPD qualification requirements which includes a yearly 4-hour recertification course and at minimum yearly qualification with the firearm. The use of this equipment is also determined by CPD Policy- Use of Force. Situations that may warrant the deployment of an MP5 SMG include but are not limited to situations where an officer reasonably anticipates an armed encounter, when an officer is faced with a situation that requires more accurate and effective long range fire and/or where an officer reasonably expects the need to meet or exceed a suspect’s firepower.
d. Expected Lifespan:
Estimated to be 20 years, however dependent upon operational usage and wear.
e. Fiscal Impact:
Estimated annual maintenance cost for the MP5 SMG is $0.00 - $1000.00. The estimated cost of ammunition is $0.23 per training round and $0.31 per duty round.
Due to operational readiness and capabilities in support of first responder missions the periodic purchase of ammunition may be required during the year. Any such purchase would be through existing CPD budget and/or grant/donation and in compliance with established City purchasing rules.
Concord Police Department Military Equipment Report for 2023 15 11. Noise Flash Diversionary Devices
a. Description, Quantity, Capabilities, and Purchase Cost:
Noise Flash Diversionary Devices (NFDD). Qty: 100. Total Cost. $4500.00. A device that creates a bright flash and loud sound to temporarily divert the attention of a subject. NFDD are used to distract and temporarily disorient suspects during high- risk incidents by overwhelming their senses of vision and hearing. The distraction allows officers to seize the moment in an effort to take control of a situation without further exposing officers and/or community members to injury or death. CPD uses the CTS 7290M and CTS 7290 NFDD.
b. Purpose:
To produce atmospheric over-pressure and brilliant white light and, as a result, cause short-term (6 - 8 seconds) physiological/psychological sensory deprivation to give officers a tactical advantage during the resolution of a high-risk incident.
c. Authorized Use:
Used exclusively by CPD SWAT officers in accordance with the SWAT procedural manual. Situations include but are not limited to hostage and barricaded person situations and high-risk incidents where the use of an NFDD would enhance officer and community safety in order to distract a violent or otherwise dangerous person to aid in the apprehension of the suspect.
d. Expected Lifespan:
Estimated to be 5 years.
e. Fiscal Impact:
No annual maintenance cost for NFDD. Due to operational readiness and capabilities in support of first responder missions the periodic purchase of NFDD may be required during the year. Any such purchase would be through existing CPD budget and/or grant/donation and in compliance with established City purchasing rules.
Concord Police Department Military Equipment Report for 2023 16 12. Chemical Agents
a. Description, Quantity, Capabilities, and Purchase Cost:
• DefTech 1016- Pocket Tactical CS – Qty: 42. $19.40 per unit. The Pocket Tactical CS is small and lightweight. Emits CS for approximately 20-40 seconds. Used to provide a quick CS smoke screen as cover.
• DefTech 1017- Pocket Tactical Saf-Smoke – Qty: 39. $17.95 per unit. The Pocket Tactical Saf-Smoke is small and lightweight. Emits smoke for approximately 20-40 seconds. Used to provide a quick smoke screen as cover.
• DefTech 1026- Pocket Chaser CS – Qty: 30. $37.05 per unit. The Triple- Chaser CS consists of three separate canisters pressed together with separating charges between each. When deployed, the canisters separate and land approximately 20 feet apart allowing increased area coverage in a short period of time. This is used to provide a large CS Smoke screen in an outdoor setting. Emits CS for approximately 30-40 seconds.
• DefTech 1032- Flameless Tri-Chamber CS - Qty: 12. $31.95 per unit. The design of the Tri-Chamber Flameless CS allows the contents to burn within an internal can and disperse the agent safely with reduced risk of fire. The CS is designed primarily for indoor tactical situations to detect and/or dislodge a barricaded subject. It will deliver approximately .70 oz. of agent during its 20-25 second burn time.
• DefTech 1072- Spede Heat CS- Qty: 29. $27.80 per unit. The Spede-Heat™ CS is a high volume device with continuous burn and expels its payload in approximately 20-40 seconds. The payload is discharged through four gas ports on top of the canister, three on the side and one on the bottom. It is designed to be used outdoors.
• DefTech 1092- Han-Ball CS – Qty: 10. $29.80 per unit. Designed specifically for outdoor use in crowd management situations, the Han-Ball is a high volume, fast burning device that expels its payload in 10 - 25 seconds. It is excellent for the rapid delivery of chemical agent or smoke in quickly changing tactical situations. Due to the quick discharge time, throwback potential is greatly reduced.
• DefTech 1262- Ferrett 40mm CS Barricade Penetrating- Qty: 11. $19.65 per unit. The Ferret 40mm Round is non-burning and suitable for indoor use. It is designed to penetrate barriers, such as windows, hollow core doors, wallboard and thin plywood. Upon impacting the barrier, the nose cone ruptures and instantaneously delivers a small chemical payload inside of a structure or vehicle. In a tactical deployment situation, the 40mm Ferret is primarily used to dislodge barricaded subjects from confined areas. Its purpose is to minimize the risks to all parties through pain compliance, temporary discomfort and/or submission of potentially violent or dangerous subjects.
Concord Police Department Military Equipment Report for 2023 17 • DefTech 2262- Ferrett 40mm CS- Qty: 125. $19.65 per unit. The Ferret 40mm Round is non-burning and suitable for indoor use. It is designed to penetrate barriers, such as windows, hollow core doors, wallboard and thin plywood. Upon impacting the barrier, the nose cone ruptures and instantaneously delivers a small chemical payload inside of a structure or vehicle. In a tactical deployment situation, the 40mm Ferret is primarily used to dislodge barricaded subjects from confined areas. Its purpose is to minimize the risks to all parties through pain compliance, temporary discomfort and/or submission of potentially violent or dangerous subjects.
• CTS 5230B- CS Baffled Grenade- Qty: 22. $45.20 per unit. Pyrotechnic grenade designed for indoor use delivering a maximum amount of irritant smoke throughout multiple rooms with minimal risk of fire.
b. Purpose:
Chemical agents are a minimal force option used to generate compliance and aid in the de-escalation of high-risk incidents. Depending upon the delivery method, this equipment can be introduced in close proximity or from a distance. Based on the unique characteristics of each situation, trained/authorized officers will select the munition and deployment method which will be most effective and pose the least risk to all involved with the highest chance of success. Chemical agents can be used to saturate suspects, violent crowds, and/or areas of varied size, indoor and outdoor.
c. Authorized Use:
Used exclusively by CPD SWAT officers who have received specialized California POST-certified training in the use of chemical agents. Chemical agents can dislodge a suspect from a stronghold location with the least possible danger to community members, officers and the suspect. Chemical agents can also be used to prevent an armed suspect from accurately firing at community members and officers, and during limited situations of civil unrest. CPD SWAT officers that have been certified as Chemical Agent Instructors after attending a 40 hour POST/CATO Chemical Agent Instructor Course give a minimum of 10 hours of annual training to CPD SWAT officers.
d. Expected Lifespan:
No shelf life limitations provided by the manufacturer. Dependent upon operational usage and wear.
e. Fiscal Impact:
No annual maintenance cost for chemical agents. Due to operational readiness and capabilities in support of first responder missions the periodic purchase of chemical agents may be required during the year. Any such purchase would be through existing CPD budget and/or grant/donation and in compliance with established City purchasing rules.
Concord Police Department Military Equipment Report for 2023 18 14. PepperBall Launcher and Projectiles
a. Description, Quantity, Capabilities, and Purchase Cost:
PepperBall Live and LiveX contains pelargonic acid vanillyl amide (PAVA), also referred to as Nonivamide, a capsaicinoid found in chili peppers that creates an unpleasant burning sensation.
• PepperBall VKS Launcher. Qty: 8. Cost $1300.00 per unit. The Variable Kinetic System (VKS) is a compressed-air powered launcher designed to fire non-lethal PepperBall projectiles. Operates from an HPA tank air source and must be regularly refilled prior to use.
• PepperBall Inert Projectile – Qty: 500. Cost $0.80 per round. Containing a harmless, scented powder, this projectile is best suited for training, qualifications, and direct impact when chemical exposure is not desired.
Maximum effective range is 60 feet.
• PepperBall Live Projectile – Qty: 500. Cost $2.58 per round. The basic PepperBall projectile contains 2% PAVA pepper powder, and is excellent for direct impact and area saturation, especially in confined, interior spaces.
Maximum effective range is 60 feet.
• PepperBall Glass Break – Qty: 20. Cost $2.45 per round. A solid polymer projectile used for breaking out residential windows and side-glass of automobiles. Not for use on humans or animals. Maximum effective range 60 feet.
• PepperBall VXR Inert – Qty: 20. Cost $3.10 per round. Containing a harmless, scented powder, this projectile is best suited for training, qualifications, and direct impact when chemical exposure is not desired.
Maximum effective range is 150 feet.
• PepperBall VXR LiveX – Qty: 200 – Cost $4 per round. A more concentrated formula, containing approximately 10x the PAVA pepper powder of the LIVE projectile. Excellent for direct impact or area saturation. Maximum effective range is 150 feet.
b. Purpose:
To provide officers with a non-lethal force option to engage non-compliant or actively aggressive persons or animals at a distance. It may be used as a kinetic impact weapon with or without PAVA pepper powder projectiles, or to dispense PAVA without impacting an individual or animal. Use of this non-lethal force option would be in compliance with CPD Use of Force policy and CPD Control Devices and Techniques policy. The department is currently undergoing training with this new equipment item.
c. Authorized Use:
CPD officers who have been trained by the manufacturer to be Department Instructors will lead CPD officers through the 4 hour training and certification process
Concord Police Department Military Equipment Report for 2023 19 prior to use. Any officer who has been trained and approved on the equipment may use the equipment when such use is supported by CPD Use of Force policy and CPD Control Devices and Techniques policy. Training on the equipment will be in accordance with CPD’s less-lethal yearly training calendar.
d. Expected Lifespan:
Estimated to be 15 years for the launchers, 5 years for training projectiles and an estimated 3 years for non-training projectiles.
e. Fiscal Impact:
No anticipated annual maintenance cost for the launchers. Due to operational readiness and capabilities in support of first responder missions the periodic purchase of launchers and projectiles may be required during the year. Any such purchase would be through existing CPD budget and/or grant/donation and in compliance with established City purchasing rules.
Concord Police Department Military Equipment Report for 2023 20 15. Kinetic Impact Launchers
a. Description, Quantity, Capabilities, and Purchase Cost:
• DefTech 1425 40mm launcher (one round capacity) with optic and flashlight attached. Qty: 16. Cost per unit $1550.00.
• DefTech 1440 40mm launcher (four round capacity) with optic and flashlight attached. Cost per unit $3350.00. Qty: 2.
• Penn Arms P540-1 40mm launcher (six round capacity) with optic and light attached. Qty: 1. Cost per unit $2000.00
• Remington 870 12 gauge shotgun equipped with orange stock. Qty: 5. Used to launch DefTech 3027 Drag Stabilized Less-Lethal Bean Bag rounds. Cost per unit $300.00.
b. Purpose:
To launch 40mm direct impact less lethal munitions by CPD officers or to launch 40mm chemical agent rounds by certified CPD SWAT officers in compliance with CPD Use of Force policy and CPD Control Devices and Techniques policy.
c. Authorized Use:
Officers who are properly trained and certified through CPD in-service training in compliance with California POST training standards (2 hours every 2 years), may use the 40mm launcher to launch kinetic impact less lethal projectiles as a force option in accordance with CPD Use of Force policy. Situations in which this equipment may be used include but are not limited to temporarily incapacitate or discourage an aggressive, armed, and/or non-compliant individual or animal at a distance safer to the officer which provides the opportunity to de-escalate the situation and potentially avoid the use of lethal force.
CPD SWAT officers may use the launchers to launch either kinetic impact rounds or, if trained, launch chemical agents in accordance with CPD Use of Force policy and CPD Control Devices and Techniques policy.
d. Expected Lifespan:
Estimated to be 20 years for the DefTech launchers and unlimited for the Remington 870 Less Lethal impact weapons, both dependent upon operational usage and wear.
e. Fiscal Impact:
No known recurring cost for launchers and an estimated $0.00 - $500.00 annual maintenance cost for the Remington 870 less lethal impact weapons. Due to operational readiness and capabilities in support of first responder missions the periodic purchase of launchers and projectiles may be required during the year. Any such purchase would be through existing CPD budget and/or grant/donation and in compliance with established City purchasing rules.
Concord Police Department Military Equipment Report for 2023 21 16. Kinetic Impact Munitions
a. Description, Quantity, Capabilities, and Purchase Cost:
Less-lethal rubber and sponge batons are capable of assisting officers with overcoming resistance from violent persons and aiding in the de-escalation of high- risk situations.
• 40mm CTS 4557 Direct Impact Spin Stabilized Sponge Baton. Qty: 130.
Cost per unit $25.00.
• 40mm DefTech 3625 Direct Impact Spin Stabilized Sponge Baton. Qty: 8.
Cost per unit $25.00. In 2022, CPD plans to purchase an additional 250 sponge baton munitions with the estimated cost of $6250.00.
• 12 gauge DefTech 3027 Drag Stabilized Less-Lethal Bean Bag rounds. Qty:
50. Cost per unit $5.
c. Purpose:
CPD is committed to reducing the potential for violent confrontations. Kinetic energy projectiles, when used properly, are less likely to result in death or serious physical injury and can be used in an attempt to de-escalate a potentially deadly situation.
Kinetic impact munitions may be used to compel an individual to cease his/her actions when such munitions present a reasonable option.
d. Authorized Use:
Officers who are properly trained may use the 37mm or 40mm launcher to launch kinetic impact less lethal projectiles as a use of force option and in accordance with CPD Use of Force policy and CPD Control Devices and Techniques policy.
e. Expected Lifespan:
No shelf life limitations provided by the manufacturer. Dependent upon operational usage and wear.
f. Fiscal Impact:
No known maintenance cost for the munitions. Due to operational readiness and capabilities in support of first responder missions the periodic purchase of launchers and projectiles may be required during the year. Any such purchase would be through existing CPD budget and/or grant/donation and in compliance with established City purchasing rules.
Concord Police Department Military Equipment Report for 2023 22 17. Long Range Acoustic Device
a. Description, Quantity, Capabilities, and Purchase Cost:
Genasys LRAD-100X. Qty: 1. Cost per unit $15,000. The LRAD 100X is a self- contained, hand portable loud hailer that is 20-30 decibels (dB) louder than most megaphones. It provides clear communication at up to 1000 meters, 136dB maximum continuous output at 1 meter, and the ability to overcome 88 dB of background noise at 250 meters.
b. Purpose:
The CPD Crisis Negations Team uses the LRAD to establish communication with individuals who may be barricaded or are otherwise unable to be reached with a conventional public address system. This equipment is also used during high-risk situations such as search warrants where communications and notifications to the occupants of a structure are paramount.
c. Authorized Use:
CPD Crisis Negotiations team members take part in monthly department training ranging between an estimated 60-120 hours per calendar year. The use of the LRAD is reserved for these team members and training on the use of the LRAD is led and managed internally by team supervisors. The use of the LRAD is approved in training and during high-risk situations where the use of the LRAD for communications and notifications is appropriate as determined by the high-risk incident being managed by the Tactical/Incident Commander and normally attached to SWAT Missions as outlined in CPD policy.
d. Expected Lifespan:
Estimated to be 20 years, however dependent upon operational usage and wear.
e. Fiscal Impact:
There are no anticipated recurring costs associated with this equipment item.
Concord Police Department Military Equipment Report for 2023 23 Community Concerns and Complaints
In some instances, the possession and use of military equipment may cause questions and/or concerns for members of the community. It is vitally important that community members’ questions and/or complaints regarding the Concord Police Department’s possession and use of military equipment are addressed.
The Concord Police Department is committed to full and fair investigations of community complaints. As such, the Department has sound internal procedures for thorough and impartial investigations of community complaints. Resolving complaints in a fair, impartial, and expeditious manner will ensure the consistent high level of integrity and efficiency maintained by the Department.
In March of 2022, the Concord Police Department published its proposed Military Equipment Use Policy on its website along with its first annual report. It also held a community meeting on March 24, 2022, to discuss its new proposed policy and presented its inventory of equipment.
On September 27, 2022, the Concord Police Department reported to the Concord City Council and community about its use of UAV’s since the program went live in March 2022.
In March of 2023, The Concord Police Department published its report on the use of Military Equipment on its website and held a community meeting to discuss the report and solicit community feedback on March 22, 2023.
Community concerns and complaints can be received via the Department’s website, in- person at the police department or in the field during police contacts, telephone, emails and social media.
Since the adoption of Ordinance 22-6, CPD Policy 706 and 2022 Report, CPD has received no complaints and has had no internal investigations related to the use of the military equipment.
Concord Police Department Military Equipment Report for 2023 24 Crisis Response Unit Usage
The Crisis Response Unit (CRU) is comprised of two specialized teams: The Special Weapons and Tactics Team (SWAT) and the Crisis Negotiation Team (CNT). The unit has been established to provide specialized support in handling critical field operations wher e intense negotiations and/or special tactical deployment methods beyond the capacity of patrol officers appear to be necessary. While referred to as different “teams” both SWAT and CNT are in fact components of the CRU.
The Concord Police Department SWAT team is a designated part -time unit of personnel that is specifically trained and equipped to work as a coordinated team to resolve critical incidents that are so hazardous, complex, or unusual that they may exceed the capabilities of patrol officers or investigative units. This includes, but is not limited to: hostage taking, barricaded person s, snipers, terrorist acts and other high -risk incidents. This team may be used to serve high -risk warrants, both search and arrest, where public and officer safety issues warrant the use of such a unit.
The Concord Police Department Crisis Negotiations Team provides skilled verbal communicators who may be utilized to attempt to de-escalate and effect surrender in critical situations where suspects have taken hostages, barricaded themselves, or have suicidal tendencies, or other situations where deemed appropriate.
Date Case Investigation
Type
Equipment Used Reason
1/5/2023 23-00794 Armed Robbery SWAT rifles
UAV
High -risk search and arrest
warrant
1/25/2023 23-00794 Armed Robbery SWAT rifles High-risk search warrant 3/16/2023 23-02640 Attempted
Murder
SWAT rifles
Sniper rifles
Armored Rescue
Vehicle (Mamba MK1)
Long Range Acoustic
Device (LRAD)
Tactical Dispatch Van
SWAT Equipment Van
SWAT Transport Van
Unmanned Aerial
Vehicle
CNT Van
Kinetic Breaching Tool
(KBT)
High-risk search and arrest
warrant
8/7/2023 23-08127 Attempt Murder/
Drive by Shooting
SWAT rifles
Armored Rescue
Vehicle (Mamba MK1)
Long Range Acoustic
Device (LRAD)
Tactical Dispatch Van
High-risk search and arrest
warrant
Concord Police Department Military Equipment Report for 2023 25 SWAT Equipment Van
SWAT Transport Van
CNT Van
UAV
8/24/23 23-09338 Armed Robbery SWAT rifles
Armored Rescue
Vehicle (Mamba MK1)
Long Range Acoustic
Device (LRAD)
Tactical Dispatch Van
Jail Van
SWAT Equipment Van
SWAT Transport Van
CNT Van
UAV
High-risk search warrant
12/7/2023 Outside
Assist
Attempt Murder/
Domestic Violence
SWAT rifles
Armored Rescue
Vehicle (Mamba MK1)
Long Range Acoustic
Device (LRAD)
High-risk arrest warrant
assist for Pleasant Hill PD
Concord Police Department Military Equipment Report for 2023 26 Unmanned Aerial Vehicle (Drone) Flights
During 2023, the Concord Police Department operated seven UAV, which are also known as small unmanned aircraft systems (sUAS), or more commonly “drones,” on active calls for service. These flights fall under CPD’s Policy 606.
All CPD officers piloting UAVs are licensed and fly under the authority of FAA 14 CFR Part 107 (Commercial Operators). During 2023, CPD had 13 UAV operators.
During 2023, the following UAV were in CPD’s inventory:
Qty Brand Model Use
4 Autel EVO Exterior Search
2 Brinc Lemur Interior Search with 2-way Communication 4 Sky Hero Loki MkII Interior Search
2 Emax TinyHawk III Interior Training
The different types of UAVs fulfill specific requirements based upon the type of flight. For instance, the Autel EVO 2 is an exterior search drone that can operate outside and complies with FAA guidelines and is able to navigate with wind and other obstacles encountered outdoors.
The Brinc Lemur is designed to fly indoors and allows for 2-way communication between officers and persons inside a structure, while the Loki MkII is much smaller and can fly in tight quarters such as underneath a sofa or bed.
UAVs are rapidly evolving in design with the technology and features changing and being updated regularly. In order for CPD to maintain a current and robust program, it will need to adopt new technology as it becomes available and cycle out the old, with obsolete units either being traded-in to the manufacturer or relegated to a training platform.
Many single incidents or calls for service have multiple flights due to the device’s battery life or a mechanical issue. This list does not include training flights, test flights, or public demonstrations, but flights on actual calls for service.
2023 Concord Police Department UAV Flights on Calls for Service (Exhaustive List):
Date/Time Description of Flight Take-Off Location
Jan 3rd, 2023
10:01AM
Search for at risk missing person Evora Road, Concord
Jan 3rd, 2023
10:17AM
Search for at risk missing person Evora Road, Concord
Jan 3rd, 2023
10:48AM
Search for at risk missing person Kinne Blvd, Concord
Jan 3rd, 2023
11:13AM
Search for at risk missing person Kinne Blvd, Concord
Jan 3rd, 2023
12:09PM
Search for at risk missing person Villa Terrace Dr, Pittsburg Jan 3rd, 2023
03:45PM
Search for felony suspect with firearm 5300 Clayton Road, Concord
Concord Police Department Military Equipment Report for 2023 27 Jan 3rd, 2023
03:55PM
Search for felony suspect armed with firearm 5300 Clayton Rd Concord, CA Jan 3rd, 2023
04:35PM
Search for missing person at risk Kinne Blvd, Concord
Jan 3rd, 2023
04:37PM
Search for missing person at risk Kinne Blvd, Concord
Jul 22nd, 2023
04:48AM
Domestic violence, felon in possession of a firearm
barricaded suspect; over watch
Indiana Dr, Concord
Jan 3rd, 2023
04:49PM
Search for missing person at risk Kinne Blvd, Concord
Jan 3rd, 2023
05:01PM
Search for missing person at risk Kinne Blvd, Concord
Jan 6th, 2023
08:15PM
Search for missing person at risk 3500 Cowell Rd, Concord Jan 6th, 2023
08:49PM
Search for missing person at risk 3500 Cowell Rd, Concord Jan 11th, 2023
12:33AM
Flight to obtain scene evidence from a major injury
vehicle collision
Treat Blvd And Blarney Ave,
Concord
Jan 16th, 2023
09:58PM
Searched for a suicidal missing person in park
where cellphone was pinging.
Newhall Park, Concord
Jan 25th, 2023
02:50PM
Search warrant for robbery suspect. Anvilwood Dr, Oakley Feb 11th, 2023
08:07PM
Search for suspect who fled a stolen vehicle 1500 Willow Pass Rd, Concord Feb 11th, 2023
08:23PM
Search for suspect who fled a stolen vehicle 1300 May Ct, Concord, Feb 12th, 2023
09:42PM
Search for suicidal subject Camstock Ct, Concord
Feb 12th, 2023
09:48PM
Search for suicidal subject Camstock Ct, Concord
Feb 13th, 2023
12:51PM
Checked roof of suspected residential burglary 1700 Trailside Cir, Concord Feb 16th, 2023
01:27PM
Search for domestic violence suspect hiding in yard 4050 Mallard Dr, Concord Feb 16th, 2023
01:43PM
Search for domestic violence suspect hiding in yard 4050 Mallard Dr, Concord Feb 23rd, 2023
11:31AM
Search warrant for human trafficking operation.
Conducted visual surveillance of exterior of
residence during officer entry
Colfax St And Pacheco St,
Concord
Mar 1st, 2023
01:01AM
Search and rescue mission to locate an at risk 11
year old juvenile runaway
1900 Mayette Ave, Concord
Mar 1st, 2023
04:26PM
Search for missing person at risk 2001 Diamond Blvd, Concord Mar 4th, 2023
04:09PM
Outside assist for Pleasant Hill PD. Searched for
armed robbery suspect
1790 Concord Ave, Concord
Mar 4th, 2023
04:30PM
Outside assist for Pleasant Hill PD. Searched for
armed robbery suspect
1790 Concord Ave, Concord
Concord Police Department Military Equipment Report for 2023 28 Mar 4th, 2023
04:33PM
Outside assist for Pleasant Hill PD. Searched for
armed robbery suspect
1790 Concord Ave, Concord
Mar 4th, 2023
04:48PM
Outside assist for Pleasant Hill PD. Searched for
armed robbery suspect
1790 Concord Ave, Concord
Mar 4th, 2023
04:49PM
Outside assist for Pleasant Hill PD. Searched for
armed robbery suspect
1655 Sutter St, Concord
Mar 4th, 2023
04:52PM
Outside assist for Pleasant Hill PD. Searched for
armed robbery suspect
1790 Concord Ave, Concord
Mar 4th, 2023
04:57PM
Outside assist for Pleasant Hill PD. Searched for
armed robbery suspect
1655 Sutter St, Concord
Mar 4th, 2023
05:09PM
Outside assist for Pleasant Hill PD. Searched for
armed robbery suspect
1790 Concord Ave, Concord
Mar 4th, 2023
05:26PM
Outside assist for Pleasant Hill PD. Searched for
armed robbery suspect
1651 Concord Ave, Concord
Mar 4th, 2023
05:42PM
Outside assist for Pleasant Hill PD. Searched for
armed robbery suspect
1651 Concord Ave, Concord
Mar 4th, 2023
06:03PM
Outside assist for Pleasant Hill PD. Searched for
armed robbery suspect
1651 Concord Ave, Concord
Mar 4th, 2023
06:15PM
Outside assist for Pleasant Hill PD. Searched for
armed robbery suspect
1651 Concord Ave, Concord
Mar 4th, 2023
06:20PM
Outside assist for Pleasant Hill PD. Searched for
armed robbery suspect
1651 Concord Ave, Concord
Mar 4th, 2023
06:23PM
Outside assist for Pleasant Hill PD. Searched for
armed robbery suspect
1651 Concord Ave, Concord
Mar 4th, 2023
06:37PM
Outside assist for Pleasant Hill PD. Searched for
armed robbery suspect
1651 Concord Ave, Concord
Mar 6th, 2023
03:52PM
Handgun brandishing suspect vehicle located in PD
front lot. Used to clear interior for high risk stop.
1350 Galindo St, Concord
Mar 6th, 2023
03:55PM
Handgun brandishing suspect vehicle located in PD
front lot. Used to clear interior for high risk stop.
1390 Galindo St, Concord
Mar 16th, 2023
10:30AM
Outside assist for Pittsburg PD where barricaded
suspect was arrested with guns and drugs.
Pittsburg, CA
Mar 16th, 2023
02:34PM
Assisted ICAC with search warrant/arrest warrant
of child predator
Lost Lake Pl, Martinez
Mar 16th, 2023
03:02PM
Assisted ICAC with search warrant/arrest warrant
of child predator
Lost Lake Pl, Martinez
Mar 16th, 2023
03:07PM
Assisted ICAC with search warrant/arrest warrant
of child predator
Lost Lake Pl, Martinez
Mar 16th, 2023
03:14PM
Assisted ICAC with search warrant/arrest warrant
of child predator
Lost Lake Pl, Martinez
Mar 16th, 2023
03:28PM
Assisted ICAC with search warrant/arrest warrant
of child predator
Lost Lake Pl, Martinez
Mar 16th, 2023
10:00PM
SWAT callout. Overwatch for SWAT team. Waterford Way, Antioch Mar 16th, 2023
10:22PM
SWAT callout. Overwatch for SWAT team. Waterford Way, Antioch
Concord Police Department Military Equipment Report for 2023 29 Mar 21st, 2023
03:11AM
Cleared a rooftop during an active commercial
burglary
2172 Solano Way
Mar 23rd, 2023
07:02AM
Internet Crimes Against Children search warrant 3801 Pinole Valley Rd, Pinole Mar 23rd, 2023
07:23AM
Internet Crimes Against Children search warrant 3801 Pinole Valley Rd, Pinole Mar 23rd, 2023
07:43AM
Internet Crimes Against Children search warrant 3801 Pinole Valley Rd, Pinole Mar 23rd, 2023
04:45PM
Internet Crimes Against Children search warrant 2961 Grant St, Concord Mar 23rd, 2023
04:56PM
Internet Crimes Against Children search warrant 2961 Grant St, Concord Apr 21st, 2023
02:15PM
Overwatch for report of shots fired inside a
residence.
Colfax St, Concord
Apr 21st, 2023
02:38PM
Overwatch for a report of shots fired inside a
residence.
Colfax St, Concord
Apr 21st, 2023
02:52PM
Over watch for a report of shots fired inside a
residence.
2139 Colfax St, Concord
Apr 28th, 2023
11:44AM
Overwatch during parole search. 1800 Lambeth Ln, Concord May 2nd, 2023
09:30PM
Exterior search for burglary suspects 1216 Limeridge Dr, Concord May 7th, 2023
05:41PM
Area check/Overwatch operations for suspect in a
shooting from Oakley.
4005 Port Chicago Hwy, Concord
May 7th, 2023
05:45PM
Area check/Overwatch operations for suspect in a
shooting from Oakley.
4005 Port Chicago Hwy, Concord
May 7th, 2023
05:59PM
Area check/Overwatch operations for suspect in a
shooting from Oakley.
4005 Port Chicago Hwy, Concord
May 7th, 2023
11:53PM
Outside assist for Clayton PD. Searching for
outstanding felony suspect via exterior search
5400 Clayton Rd, Clayton
May 8th, 2023
12:12AM
Outside assist for Clayton PD. Searching for
outstanding felony suspect via exterior search.
5400 Clayton Rd, Clayton
May 17th,
2023 04:43PM
Exterior flight of murder suspect house. 3567 Esperanza Dr, Concord May 17th,
2023 05:04PM
Exterior flight of murder suspect house. 3567 Esperanza Dr, Concord May 17th,
2023 05:23PM
Exterior flight of murder suspect house. 3567 Esperanza Dr, Concord May 30th,
2023 02:45PM
Internet Crimes Against Children operation 223 Shirley St, Brentwood, CA 94513, USA
May 30th,
2023 03:07PM
Internet Crimes Against Children operation 223 Shirley St, Brentwood, CA 94513, USA
May 31st, 2023
03:35PM
Suspect apprehension during Internet Crimes
Against Children operation in Brentwood.
7800 Brentwood Blvd,
Brentwood
May 31st, 2023
03:58PM
Suspect apprehension during Internet Crimes
Against Children operation in Brentwood.
7800 Brentwood Blvd,
Brentwood
Concord Police Department Military Equipment Report for 2023 30 Jun 1st, 2023
02:18PM
Internet Crimes Against Children operation Susan St, Brentwood Jun 1st, 2023
02:41PM
Outside assist for Brentwood PD during Internet
Crimes Against Children Operation.
Susan St, Brentwood,
Jun 1st, 2023
04:08PM
Outside assist for Brentwood PD during Internet
Crimes Against Children Operation.
Susan St, Brentwood
Jun 1st, 2023
04:27PM
Outside assist for Brentwood PD during Internet
Crimes Against Children Operation.
Susan St, Brentwood
Jun 2nd, 2023
01:23PM
Outside assist for Brentwood PD during Internet
Crimes Against Children Operation.
Shirley St, Brentwood
Jun 2nd, 2023
01:26PM
Flight to document vandalism at Clayton Valley
Charter High School
1101 Alberta Way, Concord
Jun 2nd, 2023
01:48PM
Outside assist for Brentwood PD during Internet
Crimes Against Children Operation.
1470 Susan St, Brentwood
Jun 2nd, 2023
01:53PM
Flight to document vandalism at Clayton Valley
Charter High School
1101 Alberta Way, Concord
Jun 2nd, 2023
03:14PM
Outside assist for Brentwood PD during Internet
Crimes Against Children Operation.
191 Sand Creek Rd, Brentwood
Jun 2nd, 2023
03:30PM
Outside assist for Brentwood PD during Internet
Crimes Against Children Operation.
Shirley St, Brentwood
Jun 2nd, 2023
04:52PM
Outside assist for Brentwood PD during Internet
Crimes Against Children Operation.
191 Sand Creek Rd, Brentwood
Jun 2nd, 2023
05:01PM
Outside assist for Brentwood PD during Internet
Crimes Against Children Operation.
191 Sand Creek Rd, Brentwood
Jun 5th, 2023
08:36PM
Area check to locate a subject who fled a traffic
stop
258 Monument Way, Concord
Jun 8th, 2023
12:45AM
Outside assist for Pleasant Hill PD for a person who
fled from a stolen vehicle.
2060 Monument Blvd, Pleasant
Hill
Jun 8th, 2023
01:06AM
Outside assist for Pleasant Hill PD for a person who
fled from a stolen vehicle.
2060 Monument Blvd, Pleasant
Hill
Jun 15th, 2023
10:26AM
Search of backyards for suspected wanted in
assault with a deadly weapon.
1600 Wilson Ct, Concord
Jun 15th, 2023
10:56AM
Search of backyards for suspected wanted in
assault with a deadly weapon.
Roland Dr, Concord
Jun 24th, 2023
03:27PM
ConFire assist for a vegetation Fire Saddlewood Ct, Concord Jun 24th, 2023
03:52PM
Aerial view of cone patter and traffic for pavilion
detail.
Saddlewood Ct, Concord
Jun 29th, 2023
06:48PM
Search for suspect wanted in Concord homicide
case.
Castro St, Oakland
Jul 6th, 2023
09:38PM
Outside assist for Pleasant Hill PD for a report of a
subject on a roof of a business.
700 Gregory Ln, Pleasant Hill
Jul 7th, 2023
10:35PM
Search for stolen vehicle suspect 1381 Galaxy Way, Concord Jul 12th, 2023
07:54PM
Drone used to watch and record suspect entering a
stolen vehicle. Suspect apprehended.
1800 2nd St, Concord
Concord Police Department Military Equipment Report for 2023 31 Jul 22nd, 2023
04:07AM
Domestic violence restraining order violation where
suspect, a convicted felon, barricaded himself with
a firearm.
5500 Pennsylvania Blvd, Concord
Jul 22nd, 2023
04:25AM
Domestic violence restraining order violation where
suspect, a convicted felon, barricaded himself with
a firearm.
5500 Indiana Dr, Concord
Jul 22nd, 2023
05:06AM
Domestic violence restraining order violation where
suspect, a convicted felon, barricaded himself with
a firearm.
5500 Indiana Dr, Concord
Jul 22nd, 2023
05:28AM
Domestic violence restraining order violation where
suspect, a convicted felon, barricaded himself with
a firearm.
5500 Indiana Dr, Concord
Jul 23rd, 2023
04:46PM
ALPR stolen vehicle search Civic Ct, Concord
Jul 24th, 2023
06:21PM
Suicidal person with a gun overwatch Athene Dr, Concord Aug 1st, 2023
01:02AM
Aerial coverage for a shooting suspect that fled on
foot in a neighborhood and going into backyards.
Euclid Ave, Concord
Aug 1st, 2023
02:01AM
Aerial coverage for a shooting suspect that fled on
foot in a neighborhood and going into backyards.
Euclid Ave, Concord
Aug 3rd, 2023
12:50PM
Over-watch for SWAT operations Pennsylvania Blvd, Concord Aug 7th, 2023
05:25AM
Over-watch for SWAT operations Louisiana Dr, Concord
Aug 7th, 2023
05:36AM
Over-watch for SWAT operations Louisiana Dr, Concord
Aug 7th, 2023
05:39AM
Over-watch for SWAT operations Louisiana Dr, Concord
Aug 7th, 2023
05:45AM
Over-watch for SWAT operations Louisiana Dr, Concord
Aug 7th, 2023
05:56AM
Over-watch for SWAT operations Kansas Cir, Concord
Aug 7th, 2023
05:57AM
Over-watch for SWAT operations Kansas Cir, Concord
Aug 7th, 2023
06:14AM
Over-watch for SWAT operations Kansas Cir, Concord
Aug 10th, 2023
10:57AM
Search for female heard screaming in the canal. 2827 Monument Blvd, Concord Aug 14th, 2023
12:01AM
Overwatch for Con Fire during house fire. Quiet Cir, Concord Aug 14th, 2023
12:06AM
Overwatch for Con Fire during house fire. Quiet Cir, Concord Aug 15th, 2023
06:04PM
Internet Crimes Against Children Op 5200 Clayton Rd, Concord Aug 16th, 2023
02:00PM
Internet Crimes Against Children Op 5300 Balhan Ct, Concord
Concord Police Department Military Equipment Report for 2023 32 Aug 16th, 2023
07:23PM
Internet Crimes Against Children Op 5300 Balhan Ct, Concord Aug 16th, 2023
08:26PM
Internet Crimes Against Children Op 1200 Mesa St, Concord Aug 17th, 2023
11:52AM
Scene photos from felony hit and run collision Monument Blvd And Walters Way, Concord
Aug 17th, 2023
11:58AM
Scene photos from felony hit and run collision Monument Blvd And Monument Ct And Systron Dr, Concord
Aug 17th, 2023
01:35PM
Overwatch for internet crimes against children op 5200 Clayton Rd, Concord Aug 17th, 2023
01:47PM
Overwatch for internet crimes against children op 5200 Clayton Rd, Concord Aug 17th, 2023
01:54PM
Overwatch for internet crimes against children op 5200 Clayton Rd, Concord Aug 18th, 2023
05:10PM
Overwatch for internet crimes against children op Old Kirker Pass Rd, Concord Aug 18th, 2023
05:17PM
Overwatch for internet crimes against children op Old Kirker Pass Rd, Concord Aug 18th, 2023
05:42PM
Overwatch for internet crimes against children op 5200 Clayton Rd, Concord Aug 18th, 2023
05:44PM
Overwatch for internet crimes against children op 5200 Clayton Rd, Concord Aug 19th, 2023
06:50PM
Overwatch for a shooting that just occurred with
possible armed suspects still on scene.
1300 Galindo St, Concord
Aug 23rd, 2023
05:10PM
Suspicious circumstance area check for a subject
seen in someone’s backyard
Clearbrook Dr, Concord
Aug 23rd, 2023
09:19PM
Overhead search of roof for a felony suspect.
Subject was located on the roof and came off after
seeing drone.
Hillsborough Ct, Concord
Aug 25th, 2023
12:47AM
Overwatch for SWAT operation related to armed
robbery
Griffin Dr, Vallejo
Aug 25th, 2023
01:02AM
Overwatch for SWAT operation related to armed
robbery
Griffin Dr, Vallejo
Aug 25th, 2023
01:22AM
Overwatch for SWAT operation related to armed
robbery
Nicole Way, Vallejo
Aug 25th, 2023
01:25AM
Overwatch for SWAT operation related to armed
robbery
Nicole Way, Vallejo
Aug 25th, 2023
01:36AM
Overwatch for SWAT operation related to armed
robbery
Nicole Way, Vallejo
Aug 25th, 2023
01:47AM
Overwatch for SWAT operation related to armed
robbery
Nicole Way, Vallejo
Aug 25th, 2023
02:01AM
Overwatch for SWAT operation related to armed
robbery
Nicole Way, Vallejo
Aug 25th, 2023
02:09AM
Overwatch for SWAT operation related to armed
robbery
Nicole Way, Vallejo
Aug 25th, 2023
02:22AM
Overwatch for SWAT operation related to armed
robbery
Simonton St, Vallejo
Concord Police Department Military Equipment Report for 2023 33 Aug 25th, 2023
02:24AM
Overwatch for SWAT operation related to armed
robbery
Nicole Way, Vallejo
Aug 30th, 2023
06:57AM
Internet crimes against children search warrant Discovery Bay Blvd, Discovery Bay Sep 2nd, 2023
11:13PM
Search for stolen vehicle suspect who fled on foot Grove Way, Concord Sep 6th, 2023
01:28PM
Overwatch for search and arrest warrant service
related to shooting investigation.
Vine Ave, Martinez
Sep 6th, 2023
01:29PM
Overwatch for search and arrest warrant service
related to shooting investigation.
Vine Ave, Martinez
Sep 14th, 2023
12:05AM
Aerial coverage for a subject who ran away from a
stolen vehicle.
1800 Clayton Way, Concord
Sep 28th, 2023
02:39AM
Search for suspect who just committed commercial
burglary.
2300 Stanwell Dr, Concord
Sep 28th, 2023
03:20AM
Search for suspect who just committed commercial
burglary.
2300 Stanwell Dr, Concord
Oct 2nd, 2023
12:48AM
Aerial search for shooting suspect 3700 Treat Blvd, Concord Oct 3rd, 2023
06:48PM
Search for lost juvenile. 3300 Clayton Rd, Concord
Oct 4th, 2023
04:19PM
Outside assist overwatch for CCSO for murder
suspects fled into someone else’s home.
Mayfair Ave, Concord
Oct 4th, 2023
04:30PM
Outside assist overwatch for CCSO for murder
suspects fled into someone else’s home.
Mayfair Ave, Concord
Oct 4th, 2023
05:01PM
Outside assist overwatch for CCSO for murder
suspects fled into someone else’s home.
Mayfair Ave, Concord
Oct 4th, 2023
05:06PM
Outside assist overwatch for CCSO for murder
suspects fled into someone else’s home.
Mayfair Ave, Concord
Oct 4th, 2023
05:39PM
Outside assist overwatch for CCSO for murder
suspects fled into someone else’s home.
Mayfair Ave, Concord
Oct 4th, 2023
05:45PM
Outside assist overwatch for CCSO for murder
suspects fled into someone else’s home.
Mayfair Ave, Concord
Oct 4th, 2023
06:06PM
Outside assist overwatch for CCSO for murder
suspects fled into someone else’s home.
Mayfair Ave, Concord
Oct 4th, 2023
06:33PM
Outside assist overwatch for CCSO for murder
suspects fled into someone else’s home.
Mayfair Ave, Concord
Oct 4th, 2023
06:34PM
Outside assist overwatch for CCSO for murder
suspects fled into someone else’s home.
Mayfair Ave, Concord
Oct 4th, 2023
06:49PM
Outside assist overwatch for CCSO for murder
suspects fled into someone else’s home.
Mayfair Ave, Concord
Oct 6th, 2023
03:06PM
Barricaded domestic violence subject 1133 Meadow Ln, Concord Oct 16th, 2023
11:28PM
Exterior search over the residence for an armed
domestic violence subject.
Farm Bureau Rd , Concord
Oct 17th, 2023
01:27AM
Exterior search over the residence for an armed
domestic violence subject.
3300 Willow Pass Rd, Concord
Concord Police Department Military Equipment Report for 2023 34 Oct 18th, 2023
01:19AM
Searched for and located arson suspect who lit
multiple fires along SR242 and Concord Ave.
1905 Market St, Concord
Oct 19th, 2023
11:25PM
Exterior search for a subject who made threats to
kill his parents and known to run from PD.
1800 Parkside Dr, Concord
Nov 6th, 2023
03:23PM
Outside assist for PHPD. Searched for subject who
fled from traffic stop.
Geraldine Dr, Pleasant Hill
Nov 10th, 2023
03:51PM
Armed suicidal subject Del Rio Cir, Concord
Nov 10th, 2023
03:56PM
Armed suicidal subject Del Rio Cir, Concord
Nov 10th, 2023
04:11PM
Armed suicidal subject Del Rio Cir, Concord
Nov 10th, 2023
04:29PM
Armed suicidal subject Del Rio Cir, Concord
Nov 21st, 2023
07:42PM
Outside assist for Pleasant Hill PD for a barricaded
subject/assault with a deadly weapon against
officers..
Cleaveland Rd, Pleasant Hill
Nov 21st, 2023
08:14PM
Outside assist for Pleasant Hill PD for a barricaded
subject/assault with a deadly weapon against
officers.
Cleaveland Rd, Pleasant Hill
Nov 25th, 2023
02:34AM
Outside assist for Pleasant Hill PD for a barricaded
subject/assault with a deadly weapon against
officers.
Bosworth Walk, Pleasant Hill
Nov 25th, 2023
02:49AM
Outside assist for Pleasant Hill PD for a barricaded
subject/assault with a deadly weapon against
officers.
Bosworth Walk, Pleasant Hill
Nov 25th, 2023
09:21PM
Outside assist for CHP. Aerial search for subject
who fled from motor vehicle after a collision.
2490 Arnold Industrial Way,
Concord, CA 94520, USA
Nov 29th, 2023
08:14AM
Photos of vehicles involved in fatal collision Bisso Ln, Concord, CA 94520 Dec 7th, 2023
07:33PM
Outside assist for Pleasant Hill PD for shooting
suspect barricaded in residence.
Sherman Dr, Pleasant Hill
Dec 7th, 2023
08:41PM
Outside assist for Pleasant Hill PD for shooting
suspect barricaded in residence.
Sherman Dr, Pleasant Hill
Dec 7th, 2023
08:57PM
Outside assist for Pleasant Hill PD for shooting
suspect barricaded in residence.
Sherman Dr, Pleasant Hill
Dec 7th, 2023
09:02PM
Outside assist for Pleasant Hill PD for shooting
suspect barricaded in residence.
Sherman Dr, Pleasant Hill
Dec 7th, 2023
09:22PM
Outside assist for Pleasant Hill PD for shooting
suspect barricaded in residence.
Sherman Dr, Pleasant Hill
Dec 7th, 2023
09:31PM
Outside assist for Pleasant Hill PD for shooting
suspect barricaded in residence.
Sherman Dr, Pleasant Hill
Dec 7th, 2023
09:51PM
Outside assist for Pleasant Hill PD for shooting
suspect barricaded in residence.
Sherman Dr, Pleasant Hill
Dec 7th, 2023
10:16PM
Outside assist for Pleasant Hill PD for shooting
suspect barricaded in residence.
Sherman Dr, Pleasant Hill
Concord Police Department Military Equipment Report for 2023 35 Dec 7th, 2023
10:37PM
Outside assist for Pleasant Hill PD for shooting
suspect barricaded in residence.
Sherman Dr, Pleasant Hill
Dec 7th, 2023
10:41PM
Outside assist for Pleasant Hill PD for shooting
suspect barricaded in residence.
Sherman Dr, Pleasant Hill
Dec 7th, 2023
11:23PM
Outside assist for Pleasant Hill PD for shooting
suspect barricaded in residence.
Sherman Dr, Pleasant Hill
Dec 8th, 2023
12:02AM
Outside assist for Pleasant Hill PD for shooting
suspect barricaded in residence.
Sherman Dr, Pleasant Hill
Dec 8th, 2023
12:41AM
Outside assist for Pleasant Hill PD for shooting
suspect barricaded in residence.
Sherman Dr, Pleasant Hill
Dec 13th, 2023
05:05PM
Search for suspect who threatened to kill Normandy Ln, Walnut Creek Dec 18th, 2023
04:37PM
Overhead video/photo for fatal collision. Kirker Pass Rd, Concord Dec 20th, 2023
08:55PM
Photos of major injury collision Meadow Ln and Lodge Dr, Concord
Dec 21st, 2023
08:35PM
Search for person who fled vehicle after traffic stop Brookside Ct, Concord Dec 31st, 2023
04:48PM
Aerial search for missing person at risk San Miguel Rd, Concord Dec 31st, 2023
04:48PM
Aerial search for missing person at risk San Miguel Rd, Concord
Concord Police Department Military Equipment Report for 2023 36 Projected Equipment Acquisition and Replacement in 2024
Ammunition, projectiles, cartridges, batteries, and other expendable and maintenance supplies are ordered and replaced on an as needed basis throughout the year in order to maintain an adequate supply for training and actual deployment.
Ordered and Awaiting Receipt:
Item Qty Date Ordered Cost
The Armored Group (TAG) Ford T350 Armored Rescue
Van
1 Week of 3/8/23 $180,535
Brinc Lemur2 UAV Kit 1 July 2023 $21,999
The TAG Ford T350 Armored Rescue Van will replace the 1993 Ford E350 currently in inventory that has reached end of life. This van has no offensive capabilities and is a standard commercial Ford T350 with the addition of ballistic armor and transparent ballistic glass.
The Brinc Lemur2 is an interior search UAV with 3D mapping technology and an extended battery life. The Lemur2 also has the ability to stream footage recorded by the unit to multiple cell phones, which the Lemur does not, as well as having enhanced obstacle awareness. The interior 3D mapping technology alone will give officers the ability to create a map or plan of a structure prior to entry or when attempting to locate persons.
The Brinc Lemur 2 Add-On Package will be used to supplement the Brinc Lemur 2 by acting as a repeater by allowing UAS operators to fly deeper into buildings without losing connectivity.
This need has been identified based on use in the past year on high-risk events. This allows officers greater time and distance from potential threats and greatly increases their ability to see inside of a structure.
The Tiny Hawk Training UAV’s cost much less than an operational UAV that would be used in the field and are generally more difficult to fly. This difficulty in training forces operators to build necessary skills operating around indoor objects (such as blinds, curtains, lamps, etc.) so that when they fly a UAV operationally indoors on a live call for service they experience better success.
Planned Order:
Item Qty Cost
Autel EVO 2 Enterprise 640T V3 UAV 2 $11,630
Tiny Hawk 3 RTF Kit UAV Trainer 10 $3,182
Brinc Lemur 2 Add-On Package 1 $8,780
Concord Police Department Military Equipment Report for 2023 37 Conclusion
This Annual Military Equipment Report reaffirms the Concord Police Department’s commitment to providing transparency and information to our community and elected officials in addition to ensuring compliance with California State law. The equipment, resources, and training outlined in this report allow Concord Police Officers to better serve and protect our community, enhance the safety of officers, and bring critical incidents to a safe resolution.
Policy
706
Concord Police Department
Policy Manual
Copyright Lexipol, LLC 2023/02/16, All Rights Reserved.
Published with permission by Concord Police Department
Military Equipment - 1
Military Equipment
706.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
706.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):
Governing body
– The elected or appointed body that oversees the Department.
Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.
Attachment 2
Concord Police Department
Policy Manual
Military Equipment
Copyright Lexipol, LLC 2023/02/16, All Rights Reserved.
Published with permission by Concord Police Department
Military Equipment - 2
706.2 POLICY
It is the policy of the Concord Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 706.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Concord Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:
1. Publicizing the details of the meeting.
2. Preparing for public questions regarding the department’s funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
706.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:
See attachment: 706_Military Equipment_Attachment.pdf
706.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
Concord Police Department
Policy Manual
Military Equipment
Copyright Lexipol, LLC 2023/02/16, All Rights Reserved.
Published with permission by Concord Police Department
Military Equipment - 3
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 706.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment used by any member of this Department shall be approved for use in accordance with this policy. Military Equipment used by other jurisdictions that are providing mutual aid to this Department, or are operating in conjunction in a law enforcement capacity with this Department, should comply with their respective Military Equipment use policies. 706.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).
The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 706.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
706.9 COMMUNITY CONCERN AND COMPLAINT PROCEDURE
The Chief of Police, or his/her designee, will ensure that all Concord Police Department members comply with this policy. Any person may register complaints or concerns regarding this Policy or
Concord Police Department
Policy Manual
Military Equipment
Copyright Lexipol, LLC 2023/02/16, All Rights Reserved.
Published with permission by Concord Police Department
Military Equipment - 4
submit a question regarding this Policy using the Citizen Report Procedure and Form available on the Concord Police Department website (www.cityofconcord.org/police).
Staff Report
Date: April 9, 2024
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Justin Ezell, Assistant City Manager
Prepared by: Steve Voorhies, Director of Recreation Services [email protected]
(925) 671-3202
Subject: Considering approval of a five (5) year Independent Contractor Agreement for Professional Services through March 31, 2029, with a five (5) year option to extend through March 30, 2034, between the City of Concord and Joseph Fernandez, dba East Bay Golf Centers, Inc. for management and operation of golf services at Diablo Creek Golf Course, and authorizing the City Manager to execute the agreement (including the 5 year
extension agreement, if exercised) in a form acceptable to the City Attorney.
CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c),
15061(b)(3), 15378, and/or 15323.
Report in Brief
Opened in 1963, Diablo Creek Golf Course is one of the City of Concord’s premier recreation amenities. The 18-hole municipal golf facility is a full-service venue operated through three separate agreements including maintenance, food and beverage concessions, and golf course operations. The proposed agreement continues the services of East Bay Golf Centers for golf operations, which includes the pro shop, driving rage, lessons, merchandise sales, and provision of motorized carts to golf course customers.
4.c4.c
City Council Agenda Report
Agenda Item No. 4.c
April 9, 2024
Recommended Action
Approve a five (5) year Independent Contractor Agreement for Professional Services through March 31, 2029, with a five (5) year option to extend through March 30, 2034, between the City of Concord and Joseph Fernandez, dba East Bay Golf Centers, Inc. for management and operation of golf services at Diablo Creek Golf Course, and authorizing the City Manager to execute the agreement (including the 5 year extension agreement, if exercised) in a form acceptable to the City Attorney.
Background
In 1961, the City purchased approximately 80 acres of land and leased an additional 80 acres from the Department of the Navy for the future development of a municipal golf course. The first nine holes and clubhouse facility housing the pro shop and restaurant opened in 1963, followed by the second nine holes in 1964.
Over the years, several different models have been utilized to operate the golf course.
The most current partnerships for the management, maintenance, and delivery of services at Diablo Creek Golf Course include:
Since 1998, East Bay Golf Centers, Inc. (Joseph Fernandez) Since 1999, Sports Restaurants Inc. (Legends Restaurant) Since 2006, BrightView Golf Course Maintenance
The City retained the services of Joseph Fernandez as an independent contractor in July 1998 to manage and operate golf services at Diablo Creek Golf Course. The last five-year agreement extension expired at the end of March.
Analysis
The proposed agreement will enable the continuation of a unique partnership designed to position Diablo Creek Golf Course as a viable, self-sustaining recreation amenity.
The services provided by EBGC are essential to achieving the desired outcomes of a high quality, full-service municipal golf facility. Examples of normal, golf business- oriented services include:
Pro Shop; merchandise and equipment such as golf balls, clubs, hats, sunscreen, etc.
Golfing; customer reservations and starter functions. Driving Range; range matts, balls, and equipment needed to safely operate the amenity.
Motorized Golf Carts; own, operate, maintain, and replace golf cart fleet. Professional Lessons; group and private lessons.
Employ, train, and supervise appropriate staff.
City Council Agenda Report
Agenda Item No. 4.c
April 9, 2024
In addition, Mr. Fernandez long-time role as an active community leader provides unique opportunities for establishing Diablo Creek Course as a premier asset:
Role as board chair for the local chapter of First Tee resulting in a significant presence of youth junior golf programs.
Support for the successful delivery of the annual Mayor’s Cup Golf Tournament. Assistance and partnership with the City of Concord’s Director of Recreation Services to implement new features such as a robust customer service evaluation and installation of solar/battery powered lights for the practice putting green.
Mr. Fernadez’s staff includes golf industry professionals that have remained loyal to EBGC and Diablo Creek Golf Course for many years. Their commitment to high quality service is often cited in feedback provided by the readily available customer evaluation tool provided to every golfing customer through a QR code printed on each scorecard.
Feedback is consistently positive and is a key component of 90% overall customer satisfaction rating achieved by the entire Diablo Creek Golf Course team.
Examples of performance standards integrated within the agreement:
City expects to achieve a customer satisfaction rating of 90% or better. Records shall be kept in accordance with Generally Accepted Accounting Principles.
City retains right to audit records.
Must operate during business hours acceptable to City. Must participate in frequent operational partner meetings with City representative, restaurant management and maintenance superintendent designed to share information, solve problems, and establish a positive golf course culture.
Important miscellaneous items within the agreement:
Term is five years with one five-year renewal option; City’s agreement shall not be unreasonably withheld if performance standards are met, and the agreement is not in default.
Director of Golf must remain a “Class A” member in good standing of the Professional Golfers Association of America
City may terminate the agreement due to a change in circumstance upon sixty days written notice. The change in circumstance could include course redesign, impacts from the reuse of the former Naval Weapons Station, or reuse of certain acreage for other development or purpose.
City Council Agenda Report
Agenda Item No. 4.c
April 9, 2024
EBGC financial success is directly attributed to the provision of high-quality experiences for all customers, creating a win-win arrangement for both parties.
This agreement provides a continued framework for a fair return to the City, appropriate compensation to EBGC, standards which will ensure a high level of quality to our customers, and remedies designed to protect the City if necessary. The agreement was thoroughly reviewed by Mr. Fernandez and the final terms and conditions incorporated into the document are the result of an amicable negotiation process.
Financial Impact
Diablo Creek Golf Course operates through an enterprise fund separate from the City of Concord General Fund. The financial terms and conditions outlined in the proposed agreement are the same as the previous agreement with EBGC and are specifically outlined under Section 4 of the proposed agreement.
In general, the agreement specifies that the City will be paid a certain percentage of various types of gross sales. For example, the City will receive 3-5% of gross sales of merchandise (depending on whether the sales are less or greater than $450,000), and 20-25% from the driving range (depending on whether sales are less than or greater than $350,000). Annual revenues for each sales category outlined in the agreement are expected to remain stable or increase each year of the agreement based on previous results and customer demand. In Fiscal Year 2022-2023 the City received total revenue of $299,919 from its percentage share of combined gross sales.
Over the last five years, revenues have exceeded expenditures, enabling the Golf Course Enterprise Fund to cover all annual expenses while building a fund balance of $2,813,516. These funds remain in the enterprise specifically for the purpose of future capital investments in the golf course.
Environmental Determination
Pursuant to CEQA Guidelines Sections 15060(c), 15061(b)(3), and/or 15378, Public Resources Code Section 21065, City Council action on this item is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, as it will not result in a direct or reasonably foreseeable indirect physical change in the environment. In the alternative, City Council action on this item is exempt under CEQA Guidelines Section 15323 – Normal Operations of Facilities for Public Gatherings. 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.
City Council Agenda Report
Agenda Item No. 4.c
April 9, 2024
Attachment
1. Proposed Independent Contractor Agreement for Professional Services with Joseph Fernandez, dba East Bay Golf Centers, Inc. for management and operation of golf services at Diablo Creek Golf Course
1 INDEPENDENT CONTRACTOR AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made and entered into this ____ day of ___________, 2024, by and between the City of Concord, a municipal California corporation, located in the County of Contra Costa, State of California, hereinafter referred to as “City,” and Joseph Fernandez, dba East Bay Golf Centers, Inc., hereinafter referred to as “EBGC,” whose address is 213 Marble Drive, Antioch, California, 94509. City and EBGC are collectively referred to as the "Parties." WITNESSETH:
WHEREAS, City owns, maintains, and operates the Diablo Creek Golf Course ("Golf Course") located at 4050 Port Chicago Highway, Concord, California; and WHEREAS, City requires the services of EBGC to manage and operate golf services, including providing the services of a Director of Golf; and WHEREAS, EBGC represents that it is capable of and willing to render the services required by this AGREEMENT.
WHEREAS, the City represents that it is capable of and willing to provide the services required by this AGREEMENT.
WHEREAS, the City and EBGC previously entered into an exclusive agreement to manage and operate golf services, including the services of head golf professional at the Golf Course on June 9, 1998 and as amended June 14, 2005. The City thereafter approved EBGC’s request to exercise the first of two five-year options effective July 1, 2003 through June 30, 2008. On October 27, 2008 the City entered into a new Independent Contractor Agreement for Professional Services (“2008 Agreement”) which had a termination date of June 30, 2013. The 2008 Agreement was extended on June 21, 2013, with that extension effective through March 30, 2014. The current agreement, effective April, 1, 2014, included a five-year extension through March 30, 2024.
WHEREAS, it is the intent of City and EBGC that this Agreement supersede and replace the June 9, 1998 Agreement as amended, the October 27, 2008 Agreement as amended, and the April 1, 2014 Agreement as amended.
NOW, THEREFORE, in consideration of the mutual premises, covenants and conditions herein contained, the Parties agree as follows:
SECTION 1 - TERM
A. The term of this Agreement shall commence on April 1, 2024 and shall terminate on March 31, 2029. Provided EBGC is not in default under the Agreement and the Agreement has not been terminated, EBGC shall have the right to exercise one five-year option for the Attachment 1
2 period April 1, 2029 through March 30, 2034, under the same terms and conditions as the initial term of this Agreement. EBGC must exercise the renewal option ninety days prior to the Agreement termination date, and said option must be exercised by EBGC in writing to the attention of the City’s Director of Recreation Services. The Director's consent shall be required for a renewal; however, if EBGC is not in default under the Agreement, the Director's consent will not be unreasonably withheld.
SECTION 2 - SERVICES PROVIDED BY EBGC
A. During the term of this Agreement, EBGC shall provide the following services at the Golf Course. The City expects the services to achieve a customer satisfaction rating of 90% good or excellent as determined by an annual random sample of approximately 500 Golf Course customers surveyed by a mutually agreed upon consultant or a through a mutually approved objective survey method performed by EBGC. The services shall also meet the applicable standard of a first-class public golf course. If EBGC does not achieve the desired rating, EBGC will have ninety days to cure the identifiable deficiencies within the survey. EBGC's failure to cure said deficiencies may constitute a material breach of this Agreement.
1. Hold the title of "Director of Golf" at the Golf Course and be responsible for all Golf Professional Services at Diablo Creek including, without limitation, the following:
a. Operate, maintain, and staff the Golf Shop.
b. Rent high quality electric golf carts secured by EBGC to customers for use on the golf course.
c. Collect all green fees and deposit those funds daily into City accounts. EBGC shall establish appropriate bank accounts at a financial institution or institutions acceptable to City for the deposit of green fees. All other monies due City under this Agreement shall be paid monthly to City by EBGC. Said monthly payment shall be made not later than the fifteenth day of the month following the monthly period. EBGC is responsible to pay City for any shortages in deposits and City is responsible to refund any excess deposits to EBGC. EBGC shall produce written statements of reconciliation relating to all monies collected under this Agreement to City in a form and duration as reasonably directed by City. d. Employ, train, and supervise such personnel as may be necessary to ensure that Diablo Creek has adequate and competent staff capable of performing the services required by this Agreement.
e. Provide staffing and all necessary supplies to operate the Golf Driving Range, Golf Shop, and Golf Cart storage and maintenance. Said maintenance shall not include capital improvements of building structures or utilities.
3 f. Provide qualified staff to give golf lessons to persons desiring same.
g. Secure and pay for golf balls, range mats, and other customer service supplies, exclusive of signs, for the existing Driving Range. h. Provide on-premises cart service and maintenance, including maintenance of storage areas and related equipment; all premises shall be maintained in a safe, clean, orderly, and aesthetically pleasing manner. Unused equipment shall be disposed of, or stored, in accordance with acceptable, mutually agreed upon standards. i. Clean and maintain on a daily basis to City standards and specifications the Golf Shop, Driving Range area, and public staging area including but not limited to floors, walls, ceilings, windows, carpets and counters. j. Provide a quality junior golf program, including participation in the “First Tee” program.
k. Provide player assistance and marshals to promote expeditious play, including hiring, training, and supervision, to endeavor to achieve an average playing time of four hours and thirty minutes (4 ½ hours) for 18 holes. l. Provide assistance to the City for the promotion, scheduling, and coordination of up to five annual City-sponsored golf events. m. Provide a fleet of at least eighty (80) quality electric motorized golf carts, including American with Disabilities Act (ADA) compliant carts to serve the Golf Course, including general maintenance, fuel, electricity, and cleaning. Carts will be parked and stored in appropriate areas at all times.
n. Develop and deploy effective marketing strategies to create awareness, attract and retain Diablo Creek Golf Course customers. A marketing plan outlining these strategies, actions and implementation timeframes will be provided to the City annually. o. Provide appropriate on-site security for areas under EBGC’s control to minimize and deter theft and vandalism. Examples of security measures may include building and premises alarm systems and/or staff monitoring. The security plan will be provided to the City on an annual basis.
SECTION 3 - SERVICES PROVIDED BY CITY
A. During the term of this Agreement, City, or its designated contract service provider shall maintain the Golf Course including rest rooms, parking lots, and Driving Range.
The City shall endeavor to achieve a customer satisfaction rating of ninety percent good or
4 excellent as determined by an annual random sample of approximately five hundred Golf Course customers surveyed by a mutually agreed-upon consultant. The maintenance services shall also meet or exceed the standard established by two other area public golf courses specifically Boundary Oak, Walnut Creek, California; Lone Tree, Antioch, California. If City does not receive the desired rating, the City will make the necessary changes to accomplish the desired rating within a ninety (90) day period.
B. City will coordinate a quarterly meeting with EBGC, the Golf Course Superintendent, restaurant concessions operator, and the Director of Recreation Services or his/her designee to review and establish action plans to improve the physical condition of the Golf Course.
C. City will provide Information Technology support designed to maintain and perform the day-to-day operations of the golf course. These services generally include provision of internet service, network security protection related to City of Concord network, point of sale hardware and software application, Pro Shop telephone service with voicemail, and website domain diablocreekgc.com. All other systems, applications or items not mentioned above are the sole responsibility of the EBGC.
SECTION 4 - FINANCIAL TERMS AND CONDITIONS
A. Pro Shops: From the proceeds from the Pro Shop, City shall receive on a monthly basis, subject to a year-end adjustment:
1. Five percent (5%) of all Gross Sales received for the sale of merchandise up to Four Hundred Fifty Thousand Dollars ($450,000).
2. Three percent (3%) of all Gross Sales received for the sale of merchandise over Four Hundred Fifty Thousand Dollars ($450,000).
3. Definition of Gross Sales. The term "Gross Sales" means the money or its equivalent received by EBGC or its agents from the sale of merchandise or for services, by or through the operation upon the Golf Course of any form of business.
Gross Sales shall not include the following items, and such items shall be deducted from Gross Sales if included therein.
(a) all credits and refunds made to customers;
(b) amounts paid to or retained by third parties in connection with stamp machines, public telephones, and public toilets;
(c) sums and credits received in settlement of claims for loss or damage to merchandise, and for the return of unsold merchandise
5 to the supplier, and for the transfer of merchandise from the Property to another location owned or controlled by EBGC; (d) all taxes charged to or collected by EBGC upon services, merchandise, upon the receipt or purchase of merchandise by EBGC, and/or all taxes upon or based upon the receipts of EBGC or upon the sale or sales price of merchandise and which must be paid by EBGC whether or not the same may be commonly known as a "sales tax" and/or "use tax" to the extent any such taxes are included in Gross Sales;
(e) promotional payments from distributors, vendors, and other third parties;
(f) sales of trade fixtures, improvements, furniture, and other personal property used in the operation of EBGC’s business and not normally held for sale to the public;
(g) all transfers, sales or exchanges of merchandise not subject to sales tax.
B. Driving Range: From the Driving Range at the Golf Course, City shall receive on a monthly basis, subject to a year-end adjustment:
1. Twenty five percent (25%) of all monies received per year up to Three Hundred Fifty Thousand Dollars ($350,000);
2. Twenty percent (20%) of additional monies received per year over Three Hundred Fifty Thousand Dollars ($350,000);
3. EBGC shall establish pricing of range balls consistent with area standards subject to approval of the Director of Recreation Services. Approval shall not be unreasonably withheld.
C. Golf Carts: From the Golf Carts, City shall receive on a monthly basis, subject to year-end adjustment:
1. Twenty percent (20%) of all monies collected per year up to Four Hundred Thousand Dollars ($400,000).
2. Fifteen percent (15%) of additional monies collected per year over Four Hundred Thousand Dollars ($400,000).
6 D. Golf Lessons: From Golf Lessons, City shall receive on a monthly basis, subject to a year-end adjustment:
1. Ten percent (10%) of all monies collected per year.
2. EBGC shall establish pricing of golf lessons consistent with area standards subject to approval of the Director of Recreation Services. Approval shall not be unreasonably withheld.
E. Greens Fees and Tournament Surcharges: City shall receive One Hundred Percent (100%) of all Greens Fees and tournament surcharges, subject to the provisions outlined below in subsection (F).
F. Paid Rounds Played Incentive: EBGC shall receive specified amounts for paid rounds generated during the applicable fiscal year as follows:
Rounds:
0-70,000 $0.50/per round
70,001 - 80,000 $1.00/per round
80,001 - 90,000 $2.00/per round
90,001 - 100,000 $3.00/per round
Over 100,001 $4.00/per round
This subsection F shall be effective as of the effective date of this Agreement.
G. Base Revenue: Base revenue figures for golf cart revenues will be reviewed whenever fees are raised and may be adjusted at City's option by a percent equal to the percent of the fee increase. City to approve all increases.
H. Expenses: EBGC shall be responsible for all expenses associated with the services described in Section 2 at the Golf Course, including without limitation, the following:
1. Actual cost to EBGC of goods sold at Pro Shop;
2. Employee costs (including workers' compensation, fringe benefits and other benefits required by law) for personnel used in Pro Shop, Driving Range, lessons and golf cart operations;
3. Cost of insurance coverage, including insurance required by this Agreement;
4. Reasonable expenses of obtaining professional services, including accounting and legal services as they may apply to the terms of this Agreement;
7 5. Bank charges and credit card discounts incurred for merchandise and lessons;
6. Dues and licenses - expenses of dues to professional golfers associations for EBGC and assistant professionals, as well as any other dues and licenses;
7. Cost of operating supplies, including stationery, cleaning supplies, storage containers, business cards, first aid supplies, small tools, towels and soaps;
8. Cost of electrical utilities for the driving range lights, cart barns, and Pro Shop;
9. Custodial services for the Driving Range and Pro Shop;
10. Unrecovered cart or equipment damage;
11. Phone Services;
12. Postage and delivery;
13. Range balls and mats;
14. Ball washer maintenance repairs and replacement;
15. Ball dispenser maintenance, repairs and replacement;
16. Range ball picker maintenance, and repair, that is not covered by the applicable range ball picker lease;
17. All applicable governmental fees, charges and taxes resulting from EBGC’s possession, occupancy, management and/or use of the Golf Course Facilities. In accordance with California Revenue and Taxation Code section 107.6(a), City confirms that by entering into this Independent Contractor Agreement, a possessory interest subject to property taxes may be created, and if so, EBGC shall pay the taxes upon the assessed value of that possessory interest, as determined by the Contra Costa County Assessor. Nothing contained in this paragraph is intended to cause Manager to pay any tax for which it is otherwise exempt;
18. City's representative and EBGC may, by written agreement, add or delete expenses from EBGC's expense responsibility, not to exceed Five Thousand Dollars ($5,000) per fiscal year; and
19. Sales tax paid to the State of California and any business license fee paid to the City of Concord.
8 SECTION 5 - ACCOUNTING
A. EBGC shall keep records in accordance with fiscal procedures established by City consistent with generally accepted accounting principles. Each business day's total revenue shall be properly balanced and prepared for deposit as directed as a separate unit by procedures approved by City. An itemized statement prepared in a format approved by City of all business done for each preceding month shall be rendered to City on or before the 20th day of each succeeding month. The books of EBGC containing such records shall be subject to inspection by City at all reasonable times. City, at City's expense, may audit EBGC's financial records at any time for any fiscal year period within the limits of this Agreement. EBGC agrees to pay the City expense for the audit if the audit reveals discrepancies of more than 5% (five percent) for any one year period. Failure of EBGC to keep and maintain such records in a manner, which in the judgment of City, is fiscally irresponsible is cause for City to terminate this Agreement. EBGC's operating fiscal year shall be the same as the City's fiscal year, currently July 1 through June 30.
SECTION 6 - PERFORMANCE
A. EBGC and its entire staff shall endeavor to meet all requirements for services in a good and workmanlike manner and shall maintain themselves in such matters as to sobriety and moral character that they shall, at all times, be able to deal effectively and properly with the golfing public.
B. EBGC shall adhere to all policies and procedures governing golf operations at the Golf Course as developed from time to time by agreement of the Parties.
C. As this Agreement is a contract for the personal services of EBGC, EBGC is expected to be on site during the days and hours normally expected of a working Director of Golf and businessperson. At such times as EBGC is not on site, it shall specifically name a Manager on Duty and provide City with the names of those selected/qualified for this position.
One of the so named Parties shall be on duty at all times EBGC is absent. EBGC may have financial interests not to exceed 49% in other retail golf operations but not as Director of Golf.
Said operations shall not be inconsistent with any of EBGC 's obligations under this Agreement.
D. EBGC shall develop an annual schedule (e.g. tournaments, leagues, lessons. demos, etc.) for the Golf Course. EBGC shall provide monthly statistical reports for City.
SECTION 7 - INDEMNIFICATION
A. With respect to all acts, errors or omissions in the performance of professional services, EBGC agrees to indemnify and hold harmless City, its officers, agents, employees, representatives and volunteers from and against any and all claims, demands, defense costs, liability or consequential damages of any kind or nature arising out of EBGC's negligent acts,
9 errors or omissions in the performance of his professional services under the terms of this contract.
B. With respect to all acts or omissions which do not arise out of the performance of professional services, including but not limited to those acts or omissions normally covered by general and automobile liability insurance, EBGC agrees to indemnify, defend (at City's option), and hold harmless City, its officers, agents, employees, representatives, and volunteers from and against any and all claims, demands, defense costs, liability, or consequential damages of any kind or nature arising out of or in connection with EBGC's (or EBGC's subcontractor's, if any) performance or failure to perform, under the terms of this contract; excepting those which arise out of the sole negligence of City.
C. To the fullest extent permitted under California law, the City shall defend, indemnify, and hold harmless EBGC, its officers, agents, employees, and volunteers from any and all claims or causes of action for death or injury to persons, or damage to or loss of property arising out of an alleged dangerous condition on the City’s property by reason of errant golf balls that may enter onto property adjacent to the golf course, and more specifically, by reason of the placement of the 10th tee on the golf course, except where such claim or cause of action arises from the sole negligence, active negligence, or willful misconduct of EBGC, its officers, agents, employees, or volunteers. The City shall bear all costs and fees relating to this indemnification provision.
The respective obligations arising out of the preceding subsections shall remain in effect following the expiration of this Agreement.
SECTION 8 - CONFLICT OF INTEREST
A. EBGC represents that neither it nor any of its officers, partners or employees has a financial interest, as defined in §87103 of the Government Code, in the subject matter of this AGREEMENT, other than the right to receive payment from City for the services performed.
B. EBGC agrees that it shall not make, participate in making, nor in any way attempt to use its position as the Director of Golf to influence any decision of City in which EBGC knows or has reason to know that EBGC or any of its officers, partners or employees has a financial interest as defined in §87103 of the Government Code.
C. EBGC represents that neither EBGC nor any of its officers, partners or employees have any financial interest in any real property, building or structure within 2,500 feet of the location of the project(s) to which this AGREEMENT relates. EBGC agrees it will disclose to City any such financial interest which EBGC or any of its officers, partners or employees may acquire in any location.
SECTION 9 - INSURANCE
10 A. Without limiting City's right to indemnification, it is agreed that EBGC shall secure prior to commencing any activities under this AGREEMENT, and maintain during the term of this Agreement, insurance coverage as follows:
1. Workers' Compensation Insurance as required by California statute.
EBGC 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 EBGC that EBGC has no employees;
2. Comprehensive General Liability Insurance, or Commercial General Liability Insurance including coverage for Premises and Operations, Contractual Liability, Personal Injury Liability, Products/Completed Operations Liability, and EBGC's Liability (if applicable), in an amount of not less than One Million Dollars ($1,000,000.00) per occurrence, combined single limit, written on an occurrence form;
3. Theft and Fire Insurance sufficient to cover EBGC's property at Golf Course;
4. Comprehensive Automobile Liability coverage, including, as applicable, owned, non-owned and hired autos, in an amount of not less than One Million Dollars ($1,000,000.00) per occurrence, combined single limit, written on an occurrence form.
5. Professional Liability Insurance coverage in an amount not less than One Million Dollars ($1,000,000.00), and EBGC shall maintain such coverage for at least one (1) year from the termination of this AGREEMENT.
6. Appropriate Fidelity Bond to insure against loss of monies collected by EBGC for benefit of City.
B. City's Risk Manager is hereby authorized to reduce or increase the requirements set forth above in the event it determines that such reduction/increase is in City's best interest.
Each insurance policy required by this AGREEMENT shall contain the following clauses:
"This insurance shall not be cancelled, or limited in scope or coverage, until after thirty (30) days' prior written notice has been given to the City Clerk, City of Concord, 1950 Parkside Drive, Concord, CA 94520."
C. Each insurance policy required by this AGREEMENT, excepting policies for workers' compensation and professional liability, shall contain the following clauses:
11 "It is agreed that any insurance maintained by
EBGC pursuant to this AGREEMENT shall be
primary to, and not contribute with, any insurance
or self-insurance maintained by the City of
Concord."
"The City of Concord, its officers, agents,
employees, representatives and volunteers are added
as named additional insureds as respects operations
or activities of, or on behalf of the named insured,
performed under contract with the City of
Concord."
D. Prior to commencing any work under this AGREEMENT, EBGC shall deliver to City insurance certificates confirming the existence of the insurance required by this AGREEMENT, and including the applicable clauses referenced above. Also, within thirty (30) days of the execution date of this AGREEMENT, EBGC shall provide to City endorsements to the above-required policies, which add to these policies the applicable clauses referenced above.
Said endorsements shall be signed by an authorized representative of the insurance company, and it shall be EBGC’s responsibility to see that City receives documentation acceptable to City which sustains that the individual signing said endorsements is indeed authorized to do so by the insurance company. Insurance required hereunder shall be placed with insurers reasonably acceptable to City. Also, City has the right to demand, and to receive within a reasonable time period, copies of any insurance policies required under this AGREEMENT.
E. In addition to any other remedies City may have if EBGC fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option:
1. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
2. Order EBGC to stop work under this AGREEMENT and/or withhold any payment(s) which become due to EBGC hereunder until EBGC demonstrates compliance with the requirements hereof;
3. Terminate this AGREEMENT.
Exercise of any of the above remedies, however, is an alternative to other remedies City may have and is not the exclusive remedy for EBGC's failure to maintain insurance or secure appropriate endorsements.
F. Nothing herein contained shall be construed as limiting in any way the extent to which EBGC may be held responsible for payments of damages to persons or property resulting
12 from EBGC's (or EBGC 's contractors/subcontractors, if any) performance of the work covered under this AGREEMENT.
SECTION 10 - DEFAULTS
If any payments by EBGC hereunder shall be due and unpaid, or if default shall be made on the part of EBGC in any of the covenants or agreements contained herein, City may, at its option, at any time after such default or breach and without any demand on or notice to EBGC or to any other person of any kind whatsoever, terminate EBGC in accordance with Section 24 reenter and take possession of the Pro Shop at the Golf Course, the Driving Range, and cart storage and remove all persons therefrom. In addition to the above, in the event of such default, City may exercise any and all remedies available in law or equity.
SECTION 11 - RIGHTS OF CITY
City may, from time to time at its option, exercise all rights or remedies which it may have either at law or in equity. Nothing herein contained shall be construed as in any way abridging or waiving any such rights or remedies and consent, waiver or compromise by City of or under any of the provisions of this AGREEMENT or as to any breach or default hereunder by EBGC shall not constitute nor be construed as a waiver of City's right to force strict interpretation and performance of the conditions and terms hereby by EBGC at all other times and as to the same and all other matters herein contained.
SECTION 12 - NON-REMOVAL OF PROPERTY
EBGC expressly agrees as a part of the consideration for the execution of this AGREEMENT by City that it shall not remove any of its personal property and equipment from the Pro Shop concessions premises until all sums owing City shall have been paid.
SECTION 13 - CITY'S REVIEW AND APPROVAL
A. Green fees and cart rental fees shall be established, and may be periodically adjusted, solely by formal action of the City Council.
B. City shall be consulted, in advance, of all significant changes in services offered and/or significant changes in equipment at Golf Course.
SECTION 14 - CITY-EBGC MEETINGS
A. City agrees that its designated representative will meet with EBGC periodically to discuss issues which may arise in the performance of the obligations required by this AGREEMENT. EBGC shall with reasonable notice attend all City meetings at which its presence is requested. At least one of the Assistant Pros is required to attend Concord Men's Golf Club and Concord Women's Golf Club board meetings.
13 B. In addition, the Golf Course Maintenance Superintendent and the EBGC will meet weekly to discuss operations, program and maintenance schedules and other matters which may arise in the performance of the obligations required by this AGREEMENT.
SECTION 15 - PERSONAL SERVICES AGREEMENT - NON ASSIGNMENT City is hiring EBGC based on its qualifications and is engaging the personal services of EBGC. EBGC shall not assign this AGREEMENT without the prior written consent of City at City's absolute and sole discretion. Any purported assignment without such approval shall be null and void. EBGC may assign to an entity 100% owned and controlled by EBGC subject to approval by City. Approval of such assignment shall not be unreasonably withheld.
SECTION 16 - PROFESSIONAL STANDING
EBGC warrants that it is, and will remain, during the terms of this AGREEMENT, a "Class A" member in good standing in the Professional Golfers Association of America. EBGC further warrants that the Assistant Golf Pros at the Golf Course will be members in good standing in the Professional Golfers Association of America or Ladies Professional Golf Association.
SECTION 17 - HOURS OF OPERATION
The Driving Range and Pro Shop at the Golf Course shall be open for business, staffed and maintained from thirty (30) minutes before dawn to 9:00 p.m. The operating hours, with Agreement of EBGC and City's representative, may change from time to time. City will attempt to give EBGC at least two (2) weeks’ notice of any proposed change in the hours of operation.
SECTION 18 - STANDARDS
A. EBGC shall, in the performance of this AGREEMENT, conform to applicable ordinances and rules, and state, federal and local laws, rules, and regulations.
B. EBGC's services shall be furnished in accordance with the applicable standard of a first-class public golf course.
C. City's services shall be furnished in accordance with the applicable standard of a first-class public golf course.
SECTION 19 - ENTIRE AGREEMENT
This writing constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all oral or written representations or written agreements
14 which may have been entered into between the Parties. No modification or revision shall be of any force or effect, unless the same is in writing and executed by the Parties thereto.
SECTION 20 - GOVERNING LAWS
This AGREEMENT shall be governed by the laws of the State of California. If any portion of this AGREEMENT is held invalid under any applicable statute or rule of law, then such portion only shall be deemed invalid.
SECTION 21 - DESIGNATION OF AGENTS
The Director of City’s Recreation Services Department, or his or her designee, shall represent City in all matters to this AGREEMENT.
SECTION 22 - OWNERSHIP OF DOCUMENTS
It is understood and agreed between the parties that all documents and records developed by EBGC pursuant to this AGREEMENT shall be delivered to City upon completion of the services or upon termination of this AGREEMENT for any reason.
SECTION 23 - INDEPENDENT CONTRACTOR
EBGC is at all times an independent contractor pursuant to this AGREEMENT and shall not, in any way, be considered to be an officer, agent or employee of City. In consideration for the compensation paid to EBGC by City, EBGC agrees that City shall not be liable or responsible for any benefits, including, but not limited to, worker's compensation, disability, retirement, life, unemployment, health or any other benefits and EBGC agrees that it shall not sue or file a claim, petition or application relating to the aforementioned benefits therefore against City or any of its officers, employees, agents, representatives or sureties either for himself or for the individuals it employs at the Golf Course, whether as Assistant Golf/Professionals, or otherwise.
SECTION 24 - TERMINATION
A. City may terminate this AGREEMENT for cause upon giving EBGC ten (10) days prior written notice. Cause shall be:
1. Failure of EBGC to pay or deposit sums after five (5) days’ notice to cure.
2. Failure of EBGC to cure after thirty (30) days’ notice, a violation of any laws, ordinances, rules, and regulations of any public authority having jurisdiction over the Golf Course.
15 3. Failure of EBGC to cure after thirty (30) days’ notice, any material breach of this AGREEMENT.
B. City may terminate this AGREEMENT due to a change in circumstances upon sixty days written notice to EBGC. The change in circumstance could include course redesign, impacts from Base impacts discussed in section 30, or reuse of certain acreage for other development or purpose.
SECTION 25 - MEDIATION
A. Prior to commencement of any civil action relating to this AGREEMENT, the Parties agree to mediate the dispute through a mutually agreed upon third party mediator.
SECTION 26 - FORCE MAJEURE
A. Obligations Suspended. If the City is unable by reason of Force Majeure (as herein defined) to carry out any obligation under this AGREEMENT, such obligation shall be suspended only so far as it is physically affected by such Force Majeure during the continuance thereof. The party unable to perform shall give the other party prompt notice of such Force Majeure with reasonably full particulars thereof and, insofar as is known, the probable extent to which it will be unable to perform or be delayed in performing such obligation. The party unable to perform shall use all possible diligence to remove such Force Majeure as quickly as possible.
B. Removal of Force Majeure. The requirement that any Force Majeure shall be removed with all possible diligence shall not require the settlement by the party unable to perform because of strikes, lockouts or other labor disputes or the meeting of any claims of or demands by any supplier or government entity which reasonably may be harmful to the best interests of the City.
C Definition. For the purpose of paragraphs 26(A) and (B) hereof, "Force Majeure" shall mean an act of God, strike, lockout or other industrial disturbance, act or a public enemy, war, blockade, public riot, lighting, fire, storm, earthquake, flood, explosion, governmental restraint, breakage, or accidents to equipment and any other cause whether of the kind specifically enumerated above or otherwise, which shall not reasonably be within the control of the party claiming suspension.
SECTION 27 - GOLF COURSE RENOVATION
A. If in the event future construction and/or renovation projects are undertaken at the Golf Course which materially and adversely affect the operations of the Golf Course, City and EBGC agree to negotiate reasonable adjustments to the financial terms of this AGREEMENT; or the City and EBGC may terminate this AGREEMENT upon sixty days written notice.
SECTION 28 - FISCAL YEAR
16 A. All references in this AGREEMENT to "annual," "yearly," or "per year" shall be a fiscal year commencing July 1 and ending June 30. EBGC may utilize a calendar year for tax reporting purposes.
SECTION 29 - NON REVENUE ROUNDS
A. City and EBGC shall endeavor to reduce the current number of non-revenue rounds. EBGC shall have the right to issue up to 1,200 non-revenue rounds per year for the purpose of promotions and marketing and 2,000 non revenue-rounds for marshal compensation.
SECTION 30 - NAVAL WEAPONS STATION CLAUSE
A. The City and EBGC acknowledge that the inland portion of the Concord Naval Weapons Station (“CNWS”) was recommended for closure by the Base Reuse and Realignment Commission in 2005. City was selected by the Federal Government to act as the Local Reuse Authority (LRA) to develop and adopt a Reuse Plan for the CNWS. A portion of the Diablo Creek Golf Course is part of the CNWS and is owned by the Navy and leased to the City under a long-term lease. The City owns the other portion of the golf course.
During the course of the reuse planning process, the golf course site has been identified as an area for possible redevelopment, although such redevelopment is not a certainty.
In the event the Golf Course is slated for redevelopment during the term or any authorized extension of the term pursuant to this Agreement, the parties agree to undertake a business asset valuation of EBGC’s golf course operations for the purpose of establishing an equitable valuation of EBGC’s business assets and to establish a purchase price by the City of the remaining value of the business assets at such time the golf course is closed. For the purposes of this Section 30, business assets shall be limited to the fair market value of any golf carts that remain unsold (up to the number specified in Section 2, 1, m) and any unsold inventory during the one (1) year period following City’s notice to EBGC that the Golf Course will be closed.
EBGC expressly waives any right it may have to relocation costs and loss of goodwill.
EBGC shall undertake reasonable and good faith efforts to sell or otherwise dispose of its golf carts and inventory during the one (1) year period following City’s notice to EBGC that the Golf Course will be closed.
EBGC and City representatives shall meet informally to discuss and determine an equitable value of EBGC’s remaining business assets as defined above to be purchased by the City. If the parties are unable to arrive on an agreed value of the business assets, the parties agree to have the business assets appraised as set forth below.
B. APPRAISAL
(1) Selection of Appraiser
17 (i) In General---Not later than 9 months after the City provides EBGC notice that the Golf Course will be closed for redevelopment purposes, the City and EBGC shall each select a qualified appraiser to conduct an appraisal of EBGC’s business assets as defined above to arrive at the fair market value of the remaining golf carts (up to the number specified in Section 2, 1, m) and inventory. Any sales of golf carts and inventory during the ensuing three month period up to the date of the closure of the Golf Course shall be deducted from the appraised value of the business assets.
(ii) Selection of Third Appraiser---The two selected appraisers shall, not later than 45 days after being selected by the City and EBGC, designate a third appraiser who is qualified to review and evaluate each party’s appraisal. (iii) Methodology of Appraisal--- The appraisers shall meet and agree on a proposed methodology for valuing the business and will state separately the value of the business assets. If they fail to agree, they will submit their differences to a third appraiser. A decision agreed to by any two will be binding.
(iv) Each party shall bear the cost of their appraisers and shall share equally the cost of the third appraiser.
SECTION 31 - NOTICES
A. Any notices required or permitted by this AGREEMENT shall be in writing and shall be personally served or shall be sufficiently given or deemed served upon the other party if sent by United States Postal Service, postage prepaid, and addressed as follows:
To City: Director of Recreation Services
City of Concord
1950 Parkside Drive MS/10
Concord, California 94519
To EBGC: Joseph Fernandez
213 Marble Drive
Antioch, CA 94509
Joseph Fernandez
Director of Golf
4050 Port Chicago Hwy
Concord, California 94520
B. Notices shall be deemed given as of the date of personal service or upon the date of deposit in the course of transmission with the United States Postal Service.
18 C. EBGC and EBGC's signators represent that the signators hold the positions set forth below their signatures and that the signators are authorized to execute this AGREEMENT on behalf of EBGC and to bind EBGC hereto.
The effective date of this Agreement shall be the latest date of execution hereinafter set forth opposite the names of the signators hereto. In the event EBGC fails to set forth a date of execution opposite the name(s) of EBGC's signator(s), EBGC hereby authorizes City, by and through its representative, to insert the date of execution by EBGC's signator(s) as the date of said AGREEMENT, as executed by EBGC, is received by City.
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed on the date hereinafter respectively set forth.
JOSEPH FERNANDEZ, dba East Bay Golf Centers, Inc.,
By: ____________________________________, President, East Bay Golf Centers, Inc.
DATED: _______________________
CITY OF CONCORD, a municipal corporation
By: _____________________________________
City Manager
ATTEST:
CITY OF CONCORD CITY CLERK
By: _____________________________________
Joelle Fockler, MMC, City Clerk
DATE OF EXECUTION:
19 APPROVED AS TO FORM:
CITY OF CONCORD
By: ______________________________________
SUSANNE BROWN, City Attorney
DATED: ______________________