Agenda packet, regular meeting — Concord City Council, June 11, 2024 (part 4 of 4)

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MASTER AGREEMENT FOR PROFESSIONAL SERVICES
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THIS AGREEMENT made and entered into on July 1, 2024 by and between the City of Concord , a California municipal corporation, (hereinafter "CITY"), located in the County of Contra Costa, State of California, and W-Trans (hereinafter “CONSULTANT”), whose address is 414 13th Street, 5th Floor, Oakland, Ca, 94612.

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

CITY desires to contract with CONSULTANT and CONSULTANT to contract with CITY for provision by CONSULTANT to CITY for professional services as further described herein, upon the terms and conditions hereinafter set forth.

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

1. SERVICES.

CONSULTANT shall provide services for specific projects as may be requested by CITY; such services shall be defined, scheduled and authorized in subsequent Task Orders. Services may include, but not be limited to:
• Design Services Traffic
CONSULTANT shall be an independent contractor and shall have responsibility for and control over the details and means of providing its services under this AGREEMENT. CONSULTANT agrees that its services shall be performed with due diligence and in accordance with generally accepted engineering practices.

CONSULTANT shall use its best efforts to perform and coordinate all activities in a timely manner so that the projects will be completed according to the established project schedules.

2. AUTHORIZED REPRESENTATIVES.

Authorized representatives shall represent CITY and CONSULTANT in all matters pertaining to the services to be ordered by CITY or rendered by CONSULTANT under this Agreement except where approval for the CITY is specifically required by the City Council. The CITY’S authorized representative shall be the City Engineer. Said representative is authorized to execute Task Orders on behalf of CITY, including providing for CONSULTANT to be compensated not more than $200,000.00 for each project. Task Orders

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providing for more than $200,000.00 compensation for one project shall be presented to the City Council for its consideration and approval.

CONSULTANT authorized representative shall be Mark Spencer, Senior Principal & President.

3. COMPENSATION.

CONSULTANT shall be compensated, not to exceed $300,000.00 per fiscal year for basic services rendered under Section 1, as more particularly described in authorized Task Orders, in accordance with the terms and conditions included therein.

CONSULTANT may submit monthly statements for services rendered ; all statements shall include adequate documentation demonstrating work performed during the billing period and shall conform to Federal Funding invoicing requirements, if applicable . It is intended that payments to CONSULTANT will be made by CITY within 45 (forty-five) days of receipt of invoice. Consultant’s failure to secure CITY’s written authorization for additional compensation or changes to the Scope of Work shall constitute a waiver o f any and all right to adjustment in the price or time due, whether by way of compensation, restitution, quantum meruit, or similar relief.

4. INDEMNIFICATION.

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

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

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5. OWNERSHIP AND MAINTENANCE OF DOCUMENTS.

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

CONSULTANT’s records, documents, calculations, and all other instruments of service pertaining to actual project shall be given to CITY at the completion of the project. The CITY reserves the right to specify the file format that electronic document deliverables are presented to the CITY. Title to all plans, specifications, maps, estimates, reports, manuscripts, drawings, descriptions and other final work products compiled by the CONSULTANT under the Agreement shall be vested in the CITY, none of which shall be used in any manner whatsoever, by any person, firm, corporation, or agency without the expressed written consent of the CITY. Basic survey notes and sketches, charts, computations, and other data prepared or obtained under the Agreement shall be made available, upon request, to the CITY without restriction or limitations on their use.

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

6. STANDARD OF PERFORMANCE.

CONSULTANT represents to CITY that the services shall be performed in an expeditious manner, and with the degree of skill and care that is required by current, good, and sound procedures and practices. CONSULTANT further agrees that the services shall be in conformance with generally accepted professional standards prevailing at the time work is performed.

7. INSURANCE REQUIRED.

CONSULTANT agrees to have and maintain the policies set forth in Exhibit A entitled “INSURANCE REQUIREMENTS,” which is attached hereto and incorporated herein. All policies, endorsements, certificates, and/or binders shall be subject to approval by the City Attorney as to form and content and shall be provided no later than thirty (30) calendar days following the execution of this

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Agreement by both parties. These requirements are subject to amendment or waiver only if so approved in writing by the CITY. A lapse in any required insurance coverage during this Agreement shall be a breach of this Agreement. The insurance contemplated under this provision shall remain in full force and effect during the term of this Agreement.

8. SUSPENSION OF WORK.

CITY may, at any time, by written notice, suspend further performance by CONSULTANT, and CONSULTANT shall immediately cease performance . All suspensions shall extend the time schedule for performance in a mutually satisfactory manner, and CONSULTANT shall be paid for services performed and reimbursable expenses incurred prior to the suspension date. During the period of suspension, CONSULTA NT shall not receive any payment for services.

9. TERMINATION.

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

10. COMPLIANCE WITH CIVIL RIGHTS.

During the performance of this contract, CONSULTANT agrees as follows:

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

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

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

11. CONFLICT OF INTEREST.

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

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

12. INDEPENDENT CONTRACTOR.

In assuming and performing the services, CONSULTANT is an independent contractor and shall not be eligible for any benefits, which the CITY may provide its employees, except as expressly provided for in the AGREEMENT. All persons, if any, hired by CONSULTA NT shall be employees or subcontractors of CONSULTANT and shall not be construed as employees or agents of the CITY in any respect. CONSULTANT shall have responsibility for and control over the means of providing services under this AGREEMENT.

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13. COMPLIANCE WITH LAWS.

CONSULTANT shall comply with all applicable federal, State of California, and local laws, rules, and regulations and shall obtain all applicable licenses and permits for the conduct of its business and the performance of the services.

14. CHOICE OF LAW.

This Agreement shall be construed and interpreted in accordance with the laws of the State of California, excluding any choice of law rules which may direct the application of the laws of another jurisdiction.

In the event that suit shall be brought by either party hereunder, the parties agree that trial of such action shall be held exclusively in a state court in the County of Contra Costa, California.

15. NON-WAIVER.

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

16. ENFORCEABILITY; INTERPRETATION.

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

17. INTEGRATION.

The AGREEMENT contains the entire AGREEMENT and understanding between the parties as to the subject matter of this AGREEMENT. It merges and supersedes all prior or contemporaneous agreements, commitments, representation, writings, and discussions between CONSULTANT and CITY, whether oral or written.

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18. SUCCESSORS AND ASSIGNS : NO THIRD PARTY BENEFICIARIES; NO JOINT VENTURE.

CITY and CONSULTANT respectively, bind themselves, their successors, assigns, and legal representatives to the terms and obligations of this Agreement. CONSULTANT shall not assign or transfer any interest in the Agreement without the CITY's prior written c onsent, which consent shall be in the CITY’s sole discretion. Any attempted assignment or transfer in breach of this provision shall be void. This Agreement is not intended and shall not be construed to create any third party benefit. This Agreement i s not intended and shall not be construed to create a joint venture or partnership between the parties. CONSULTANT, its officers, employees and agents shall not have any power to bind or commit the CITY to any decision.

19. FINANCIAL RECORDS.

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

20. NOTICES.

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

To CITY Carlton Thompson, City Engineer
Community Development Department
City of Concord
1950 Parkside Drive
Concord, CA 94519
Phone: 925-6713182
Email: [email protected]

To CONSULTANT Mark Spencer, Senior Principal & President W-Trans
414 13th Street, 5th Floor
Oakland, Ca 94612
Phone: 707-284-7729
Email: [email protected]

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21. TERM.

The term of this AGREEMENT shall be from the date executed above through June 30, 2026, with the option of one one-year extension upon mutual agreement by both CITY and CONSULTANT. The City Manager is authorized to approve the extension.

22. NON-LIABILITY.

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

23. EXECUTION.

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

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

[Signatures follow on next page]

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IN WITNESS WHEREOF, the parties have executed this AGREEMENT in three (3) copies as of the date and year first written above.

W-Trans CITY OF CONCORD

By:_________________________________ By:______________________________

APPROVED AS TO FORM: ATTEST:

Susanne Meyer Brown Joelle Fockler, MMC
City Attorney City Clerk

Date:

FINANCE DIRECTOR'S CERTIFICATION:

Concord, California
Date:

I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEAR 24/25 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.

THE SUM OF $300,000.00. Account Code .

Finance Director's Signature

Name: Mark Spencer Name: Valerie Barone
Title: Senior Principal & President Title: City Manager Address: 414 13th Street, 5th Floor Address: 1950 Parkside Drive, MS 01 Oakland, Ca 94612 Concord, CA 94519
Telephone:707-284-7729 Telephone: (925) 671-3175

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EXHIBIT “A”

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

MINIMUM SCOPE OF INSURANCE.

Coverage shall be at least as broad as:

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

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

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

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

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

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

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

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

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

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

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

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

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

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Staff Report
Date: June 11, 2024
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Jasmin Loi, Director of Human Resources
Prepared by: James Peavey, Human Resources Manager
[email protected]
(925) 671-3397
Subject: Considering approval of a Professional Services Agreement with Sedgwick Claims Management Services, Inc., in the not- to-exceed amount of $30,000 to update the City of Concord’s Injury and Illness Prevention Program and Safety Manual, and to provide training about the updated Injury and Illness Prevention Program and Safety Manual to City of Concord employees; and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney. (Internal Services Funds)
CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, Guidelines Sections 15060(c)(2), 15060 (c)(3), 15061(b), 15273, and/or 15378.

Report in Brief
The proposed Professional Services Agreement (“Agreement”) will authorize Sedgwick Claims Management Services, Inc., (“Sedgwick”) to update the City of Concord’s (“City”) Injury and Illness Prevention Program (“IIPP”) and its Safety Manual (“Manual”), and to provide training to City staff about the updated IIPP and Manual.1 Recommended Action
Approve the Professional Services Agreement with Sedgwick Claims Management Services, Inc., in the not-to-exceed amount of $30,000 to update the City of Concord’s 1 A copy of the Agreement is found as Attachment 1.

3.d3.d

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City Council Agenda Report
Agenda Item No. 3.d
June 11, 2024
Injury and Illness Prevention Program and Safety Manual, and provide training about the updated Injury and Illness Prevention Program and Safety Manual to City of Concord employees; and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney.

Background
The California Occupational Safety and Health Act of 1973 mandates every employer to provide a safe and healthful environment for employees. As of 1991, every employer is mandated to have a written IIPP. The City’s current IIPP was last revised/updated in 2016 and its Manual was last updated in November 2019.

Analysis
Having a current IIPP and safety manual that employees have received training on is an important risk management strategy. Recently the City Manager appointed a cross departmental team to evaluate the City’s IIPP and safety manual. The team was made up of representatives from the City’s Human Resources, Legal, and various service departments. Upon team review, it was determined that the City’s IIPP and Manual would benefit from an update and that the workforce would benefit from renewed training on the updated manual.

As this project requires specialized expertise and is a short-term project, the City has pursued obtaining these services via a consultant. The City team selected Sedgwick to perform these services.

Sedgwick specializes in this type of work and has provided quality third party workers’ compensation administration service for the City for many years gaining a specialized, in-depth knowledge and familiarity with the City’s safety related matters; therefore, it is able to begin to revise/update the City’s IIPP and Manual without delay. Sedgwick will provide the following services:2
 IIPP
Review the City’s existing IIPP for regulatory compliance and best practices. This process will include reviewing the IIPP, any supplementary material, and conducting interviews. Once the review is complete, it will provide revisions and recommendations as needed.
 Manual
Ensure compliance with regulatory requirements and best practices by evaluating the City’s operations for workers’ compensation exposures, the City’s current Manual, and any supplemental materials. Once the evaluation is complete, it will identify areas in need of updates then provide any revisions and recommendations, where appropriate. Additionally, it will review safety oriented 2 A copy of the Scope of Services is found as Exhibit A of Attachment 1.

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City Council Agenda Report
Agenda Item No. 3.d
June 11, 2024
City policies and directives, then relate those policies and directives to applicable aspects of the Manual.
 Training
Train City employees on the revised/updated IIPP and Manual.

Vendor contracts that are below a threshold amount (currently $85,000) can be approved by the City Manager unless when combined with other contracts occurring in the same year with the same vendor, the City is spending more than the threshold amount. This is the case with Sedgwick, as they currently hold a contract for the City’s worker’s compensation administration3, Consequently, Council must approve this contract for $30,000, per Council Resolution 21-43 pursuant to Municipal Code Section

3.10.040(a).

Financial Impact
The Agreement will not exceed $30,000. Funds are available in the adopted budget for Fiscal Year 2024-25 and Fiscal Year 2025-26. Additional funding is not requested.

Environmental Determination
City Council action herein is exempt from California Environmental Quality Act (“CEQA”) review as none of the activities have the potential for resulting in either a direct physical change in the environment, or a reasonable foreseeable indirect physical change in the environment, the activities consist of continuing administrative or maintenance activities, creation of government funding mechanisms or other government fiscal activities, and/or organizational or administrative activities of government, which do not constitute a “project” within the meaning of Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c)(2), 15060(c)(3), 15273, and/or 15378 (including subsections (b)(2), (4), and/or (5)), and the activities do not constitute discretionary approval of a specific project. If any activity were determined to be a “project” for CEQA analysis, such activity is either subject to a categorical exception set forth in CEQA Guidelines Section 15061(b)(2), or falls within the “Common Sense” CEQA exemption set forth in CEQA Guidelines Section 15061(b)(3). No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. This determination reflects the City’s independent judgment and analysis.

Public Contact
The City Council Agenda was posted.
3 The City has a three-year service agreement with Sedgwick to act as its third-party administrator of the City’s self-insured workers’ compensation program for July 1, 2023 through June 30, 2026 in the amount of $558,608; specifically, with an administration fee for FY 2023-24 in the amount of $177,195, an administration fee for FY 2024-25 in the amount of $186,055, and administration fee for FY 2025-26 in the amount of $195,358.

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City Council Agenda Report
Agenda Item No. 3.d
June 11, 2024
Attachment

1. Agreement with Sedgwick

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AGREEMENT FOR PROFESSIONAL SERVICES
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THIS AGREEMENT ("Agreement") is entered into on June 11, 2024, between the City of Concord, a California municipal corporation, ("CITY") and Sedgwick Claims Management Services, Inc., a California corporation, 1750 Creekside Oaks Drive, Suite 200, Sacramento, California, 95833 (“CONSULTANT”).

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

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

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

1. TERM. This Agreement shall commence on June 11, 2024, and expire on June 11, 2025.

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

3. PAYMENT. The compensation to be paid to CONSULTANT including payment for professional services and reimbursable expenses, shall be at the rate and schedules in detail in Exhibit A. However, shall in no event shall the amount CITY pays CONSULTANT exceed thirty thousand dollars ($30,000) for the term of this Agreement. Any Amendment to this Agreement that includes an increase to this compensation amount shall be made in accordance with Section 5 below.

CONSULTANT may submit monthly statements for services rendered; all statements shall include adequate documentation demonstrating work performed during the billing period. It is intended CITY review such statement and pay CONSULTANT for services rendered within 30 days of receipt of a statement that meets all requirements of this Agreement. Payment by CITY shall not be deemed a waiver of unsatisfactory work, even if such defects were known to the CITY at the time of payment.

Attachment 1

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4. AUTHORIZED REPRESENTATIVES. Authorized representatives shall represent CITY and CONSULTANT in all matters pertaining to the services to be ordered by CITY or rendered by CONSULTANT under this Agreement except where approval for the CITY is specifically required by the City Council. The CITY’s authorized representative is Jasmin Loi, Director of Human Resources. The CONSULTANT’s authorized representative is Maria Gates, Senior Risk Service Consultant.

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

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

3.10.040(a). The Minimum Threshold for Fiscal Year 2021-22 is $75,000 and increases by $5,000 each subsequent fiscal year such by Fiscal Year 2026-27 the Minimum Threshold is $100,000. Any additional compensation to CONSULTANT that is greater than the Minimum Threshold, including the base contract amount, must be approved by City Council.

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

6. INDEPENDENT CONTRACTOR. Both parties understand and acknowledge

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

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

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

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

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

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

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

10. INDEMNIFICATION.

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

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arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT.

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

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

12. TIME OF PERFORMANCE. (intentionally omitted)

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

14. TERMINATION. This Agreement may be terminated by either party at any time, provided that at least sixty (60) days prior written notice of the effective date of termination is given to the other party. In the event of any termination, CONSULTANT shall promptly deliver to the CITY

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any and all finished and unfinished reports or other written, recorded, photographic, or visual materials, documents, data, and other deliverables (“Work Materials”) prepared exclusively for the CITY prior to the effective date of such termination, all of which shall become CITY’s sole property.

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

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

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

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

16. CONFLICT OF INTEREST.

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

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avoid conflicts of interest, or the appearance of any conflicts of interest, with the interests of the CITY in the performance of this Agreement.

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

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

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

20. ENFORCEABILITY; INTERPRETATION. In the event any of the provisions or portions of application of any of the provisions of the Agreement are held to be illegal or invalid by a court of competent jurisdiction, CITY and CONSULTANT shall negotiate an equitable adjustment in

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the provisions of the Agreement with a view toward affecting the purpose of the Agreement. The illegality or invalidity of any of the provisions or portions of application of any of the provisions of the Agreement shall not affect the legality or enforceability of the remaining provisions or portions of application of any of the provisions of the Agreement. This Agreement shall be interpreted as though it was a product of a joint drafting effort and no provisions shall be interpreted against a party on the ground said party was solely or primarily responsible for drafting the language to be interpreted.

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

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

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

24. NOTICES. All notices required hereunder shall be in writing and mailed postage prepaid by certified or registered mail, return receipt requested, or by personal delivery to the CITY's address as shown below, or such other places as CITY or CONSULTANT may, from time to time,

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respectively, designate in a written notice given to the other. Notice shall be deemed received three days after the date of the mailing thereof or upon personal delivery.

To CITY: Jasmin Loi
Director of Human Resources
City of Concord
1950 Parkside Drive
Concord, CA 94519-2578
Phone: (925) 671-3310
Email: [email protected]
To CONSULTANT: Sedgwick Claims Management Services, Inc. 8125 Sedgwick Way
Memphis, TN 38125
Attention: General Counsel
With a copy to: Maria Gates
Senior Risk Service Consultant
Sedgwick Claims Management Services, Inc.
1750 Creekside Oaks Drive, Suite 200
Sacramento, CA 95833
Phone: (760) 983-6277
Email: [email protected]

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

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

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

IN WITNESS WHEREOF, the parties have executed this Agreement in one or more copies as

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of the date and year first written above.

CONSULTANT CITY OF CONCORD, a Municipal
Corporation
By:_________________________________ By:______________________________ Name: Michael Shook Name: Valerie J. Barone
Title: Senior Risk Service Consultant Title City Manager Address: 8125 Sedgwick Way Address: 1950 Parkside Drive Memphis, TN 38125 Concord, CA 94519
Telephone: (773) 824-4260 Telephone: (925) 671-3150
Email: [email protected] Email:[email protected] APPROVED AS TO FORM: ATTEST:

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

Concord, California
Date:

I HEREBY CERTIFY ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEAR 2024-25 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.

THE SUM OF $30,000. Account Code 6102030Z999-63800-0500.

Finance Director's Signature

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EXHIBIT “A”

SCOPE OF SERVICES
CONSULTANT shall provide CITY with the following services:

Sedgwick agrees to provide Loss Control Services as defined in this Scope of Service to CITY. This Agreement is not exclusive, and CITY may use other companies to provide loss control services including for its members. CONSULTANT will gather loss control information, (i) to perform hazard analysis, with recommendations, if necessary and (ii) to analyze and make recommendations regarding hazard control. Loss Control Services exclude expert witness testimony; any request to conduct work that would be protected by the attorney CITY privilege; and any other work not specifically mentioned in this definition. CONSULTANT will provide the Loss Control Services requested by CITY on an account by account, location by location basis. CONSULTANT may refuse a Loss Control Services request, so long as notice is provided to CITY within seven business days of CONSULTANT's receipt of said request. If mutually agreed, CONSULTANT will provide CITY with a written report (“Report”), setting forth observations, findings, and recommendations. All such materials and all reports and correspondence shall be the sole property of CITY. In any Report prepared for or provided to CITY, CONSULTANT agrees to provide written notice that the loss control survey is not designed to, and does not, identify all potentially unsafe practices or conditions, code violations, and other defects and that CITY is responsible for independently identifying and rectifying any unsafe practices or conditions, code violations, and defects on its premises and in its operations.

Loss Control Services and Fees:

Objectives
Our objective is to provide consultative risk control services to assist the City of Concord (City) with the development and implementation of an effective safety program designed to comply with regulatory requirements and protect employees and the public. We will work with the City to prioritize the program and projects to be completed.

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Services
This section details the targeted risk control services to be provided along with other service offerings available to the City. A dedicated risk control consultant will work with the City’s project contact to coordinate and provide services.

Injury & illness prevention program (IIPP)
Sedgwick’s risk control consultant will review the City’s existing IIPP for regulatory compliance and best practices. This process may include reviewing the IIPP, any supplementary material, and conducting interviews. Once the review is complete, the consultant will provide any revisions and recommendations, as needed.

Safety manual
To ensure compliance with local and regulatory requirements and best practices, Sedgwick will evaluate the City’s operations for workers’ compensation exposures, the City’s current safety manual, and any supplementary materials. The consultant will identify areas in need of updates then provide any revisions and recommendations, where appropriate. In addition, Sedgwick will review safety- oriented City policies and directives, then relate those policies to applicable aspects of the safety manual.

Safety Training
In addition to reviewing the IIPP and safety manual, Sedgwick can assist the City with implementing the revised IIPP and safety manual by training staff on the new documents. The City can also request other safety trainings, including, but not limited to, the topics listed below. Trainings may be conducted virtually or in-person.
 Aerial Lift/Elevate Platforms
 Aerosol Transmissible Diseases (ATD)
 Bloodborne Pathogens
 Confined Space Awareness
 Emergency Action Preparedness

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 Ergonomics (Office & Industrial)
 Driving Safety
 Fall Protection
 Hazard Communication
 Heat Illness Prevention and Controls
 Injury & Illness Prevention Program
 Playground Inspection & Maintenance
 Protection from Wildfire Smoke
 Respiratory Protection
 Traffic Control & Flagger
 Workplace Violence Prevention
Cost of Services
Proposed Contract Period: May 1, 2024, through April 30, 2025 Service rates are provided below. All rates listed below include mileage and travel expenses.

Service Estimated Fees
IIPP Review and Revision $7,400 - $8,880 at $185/hr
Safety manual and policy review,
incorporation, and revision
$4,440 - $7,400 at $185/hr
Training
(Including training development, coordination,
and delivery)
$185/hour
Additional services, such as meeting attendance or consulting research outside of the program review or safety manual projects, are billed at a rate of $185 per hour.

Sedgwick will provide a detailed monthly invoice with payment due within 30 days of receipt of our

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invoice.

At the end of the term, the City has the option to extend for another year. Fees are subject to change.

Sedgwick shall submit its invoice for all fees monthly in arrears.

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

MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:

Commercial General Liability Policy: CONSULTANT shall maintain during the term of this Agreement a commercial general liability insurance policy providing coverage of at least one million ($1,000,000) combined single limit per occurrence or two million ($2,000,000) aggregate limit for bodily injury, personal injury and property damage. The coverage shall contain no special limitations on the scope or protection afforded to CITY, its officers, officials, agents, employees, or volunteers.

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

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

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

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

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

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

Except for worker's compensation and professional liability insurance, the policies mentioned in this subsection shall include CITY as an additional insured and provide for notice of cancellation to CITY.

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

Verification of Coverage. CONSULTANT shall furnish CITY with certificates of insurance effecting coverage required by this Agreement. The certificates for each insurance policy are to be signed by a

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person authorized by insurer to bind coverage on its behalf. The aforementioned policies shall be issued by an insurance carrier having a rating of Best A-7 or better which is satisfactory to the City Attorney.

Such certificates shall be in a form approved by the City Attorney.

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

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1. Making findings as required by Section 5103 of the Public Contracts Act regarding an inadvertent error in Ghilotti Bros. Inc.’s bid, and relieving Ghilotti Bros. Inc. of their bid;

2. Award of a construction contract in the amount $6,180,079 to Ghilotti Construction Company Inc. for the Treat
Boulevard Pavement Rehabilitation Project (Phase 2) (City Project No. 2559); authorizing Staff to utilize the available project contingency for contract change orders that
become necessary up to 10% of the contract amount; and
authorizing the Mayor to execute the contract in a form acceptable to the City Attorney; and making the CEQA
determinations as provided in this staff report;

3. Appropriating $140,000 to the project from the Cal Recycle Rubber Grant;

4. Approval of budget transfers in the total amount of
$800,000 to Treat Blvd Pavement Rehabilitation Project
(Phase 2) (Project No. 2559); including $90,000 from Oak Grove Pavement Rehab Phase 2 Project (Fund 266, State
Gas Tax SB1 - PJ 2423); $160,000 from Pavement
Maintenance Zone 3 (Fund 266, State Gas Tax SB1 - PJ

3.e3.e3.e3.e

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City Council Agenda Report
Agenda Item No. 3.e
June 11, 2024
2443); and $550,000 from Pavement Holding Account (Fund 475, Measure J Local - PJ 2157); and

5. Authorizing the City Engineer to accept the improvements upon completion of Project No. 2559 (Phase 2) and
directing the City Clerk to file a Notice of Completion.

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

Report in Brief
The Treat Boulevard Pavement Rehabilitation Project (Phase 2) (Project No. 2559) (Project) will involve pavement rehabilitation on Treat Boulevard, from San Miguel Road to Clayton Road. Along with the pavement rehabilitation, the project involves the installation of curb ramps at intersections to meet accessibility standards, repair of sidewalk, curb, and gutter, traffic control, potholing, utility cover adjustments, restriping, median landscaping, tree planting, and irrigation (in the median between San Miguel Road and Cowell Road), and some sidewalk tree removals/replacements. See attached Location Map for project limits (Attachment 1).

The Project has been designed, competitively bid (see Attachment 2 for Bid Summary), and is now at the point of construction contract award. In order to proceed with construction, a $140,000 appropriation of Cal Recycle Rubber Grant funds is required, as well as budget transfers totaling $800,000 (see Financial Impact section of this report). If the award, the recommended budget transfers, and grant appropriation, are all approved by City Council (Council), construction is expected to begin early July 2024, with completion by December 2024, weather permitting. The construction contract with Ghilotti Construction Company, Inc. (Ghilotti) is attached (Attachment 3).

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

The Professional Services Agreement with MNS Engineers, Inc. covering both Treat Blvd Fiber Phase 2 Project (Project No. 2656), and Treat Blvd Pavement Rehabilitation (Phase 2, Project No. 2559) was already awarded by Council at the February 6, 2024, City Council Meeting.

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City Council Agenda Report
Agenda Item No. 3.e
June 11, 2024
Recommended Action

1. Make findings as required by Section 5103 of the Public Contracts Act regarding an inadvertent error in Ghilotti Bros Inc.’s bid, and relieving Ghilotti Bros Inc. of their bid;

2. Award a construction contract in the amount $6,180,079 to Ghilotti Construction Company Inc. for the Treat Boulevard Pavement Rehabilitation Project (Phase 2) (City Project No. 2559); authorize Staff to utilize the available project contingency for contract change orders that become necessary up to 10% of the contract amount; and authorize the Mayor to execute the contract in a form acceptable to the City Attorney, and make the CEQA determinations as provided in this staff report;

3. Appropriate $140,000 to the project from the Cal Recycle Rubber Grant;

4. Approve budget transfers in the total amount of $800,000 to Treat Blvd Pavement Rehabilitation Project (Phase 2) (Project No. 2559); including $90,000 from Oak Grove Pavement Rehab Phase 2 Project (Fund 266, State Gas Tax SB1 - PJ 2423); $160,000 from Pavement Maintenance Zone 3 (Fund 266, State Gas Tax SB1 - PJ 2443); and $550,000 from Pavement Holding Account (Fund 475, Measure J Local - PJ 2157); and

5. Authorize the City Engineer to accept the improvements upon completion of Project No. 2559 (Phase 2) and direct the City Clerk to file a Notice of Completion.

Background
On June 1, 2020, Council approved the proposed Five-Year Pavement Expenditure Plan, which included Treat Boulevard Pavement Rehabilitation Project (Project No. 2559).

For Fiscal Year (FY) 2023/2024, $5,680,000 was appropriated to the Project as previously approved in the Five-Year Pavement Expenditure Plan, which included $2,423,000 in State Gas Tax SB1 (Fund 266), and $3,257,000 in Measure V (Fund 407), to help fund construction of the upcoming Phase 2 project.

Phase 1 of the Treat Boulevard Pavement Rehabilitation Project (Walnut Creek City limits to San Miguel Road) was completed in October 2023, and included fiber optic installation within the same project.

On February 6, 2024, City Council Awarded the construction contract to St. Francis Electric to complete the fiber optic and video detection systems on Treat Blvd from San Miguel to Clayton Road (Treat Blvd Fiber Phase 2 Project, Project No. 2656). They are anticipated to be fully complete with their work by end of June this year, and prior to the start of the Project.

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City Council Agenda Report
Agenda Item No. 3.e
June 11, 2024
On February 6, 2024, Council awarded the Professional Services Agreement with MNS Engineers, Inc. covering both Treat Blvd Fiber Phase 2 Project (Project No. 2656), and Treat Blvd Pavement Rehabilitation (Phase 2, Project No. 2559). MNS Engineers is providing construction management and inspection services on behalf of the City for both projects.

On April 18, 2024, City staff (Staff) presented at a Special BPAC Meeting to inform the committee that new bike lanes would no longer be included in the project due to safety concerns and other constraints on Treat Blvd. The City will be pursuing a Complete Streets Study and design through federal grant funding for all of Treat Blvd, which will analyze and evaluate options to properly install safe bicycle and pedestrian facilities on Treat Blvd.

Analysis
The City received bids slightly above the Engineer’s estimate (see Procurement Process below), due to limited bidding competition in the Spring, and increased costs from added scope, including additional minor concrete paving in the median landscaping portion of the Project.

Asphalt prices have also increased in the past year, as evidenced by the Treat Blvd Phase 1’s bid prices. For example, a year ago on the Phase 1 project, the bid item price for rubberized asphalt (2-inch thickness) was $137 per ton with Bay Cities Paving & Grading, compared to this year’s bid item price at $225 per ton with Ghilotti. The City’s Cal Recycle Rubber Grant funding helps offset some of this increase, however, a budget transfer is still required to proceed with construction (see Financial Impact section). Please note the recommended budget transfers are required to ensure there is enough funding for 10% contingency, staff time, and to account for the difference over the Engineer’s Estimate amount.

Procurement Process
Construction Contract:

The Project was advertised for construction bids as required by State law and City policy. The Engineer’s Estimate for the Total Bid was $5,800,000. Bids were opened on December 14, 2023. Three (3) bids were received in the amount ranging from $5,478,106.00 to $6,454,610.00. The basis of award for the Project is the Total Base Bid. The lowest bid was received from Ghilotti Bros, Inc. of Santa Rafael, CA. A summary of the bids can be found in Attachment 2 – PJ 2559 Phase 2 Bid Summary.

Ghilotti Bros Inc. (GBI) was the low bidder and submitted a responsive and responsible bid. However, within 5 working days from the bid opening, GBI submitted a written request to the City to withdraw their bid. The request showed that a mistake was made in filling out their bid, resulting in a bid approximately $500,000 lower in price than it should have been. Staff recommends relieving GBI of their bid because GBI provided

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City Council Agenda Report
Agenda Item No. 3.e
June 11, 2024
appropriate notice of a mistake which made the bid materially different than intended, which complies with the requirements under the Public Contract Code.

As a result of the bid withdrawal by GBI, Ghilotti Construction Company Inc. (Ghilotti) is now the apparent low bidder. Ghilotti has an appropriate and valid contractor’s license and satisfactory work references. Ghilotti has completed other projects of similar size and scope in the Bay Area. This will be Ghilotti‘s first contract award for a City of Concord project in 5 years. Staff completed analysis of Ghilotti’s bid, determining that this firm along with its subcontractors possess appropriate and valid licenses, are not on any debarred lists, and agreed to be bound by the Citywide Project Stabilization Agreement. Ghilotti is registered with the Department of Industrial Relations as required by SB 854. Staff has determined that a budget transfer is required to award the construction contract (see Financial Impact section).

On September 13, 2016, Council approved a Citywide Project Stabilization Agreement with the Contra Costa Building & Trades Council for City projects with a construction contract valued at over $750,000. Project No. 2559 (Phase 2) will be subject to the requirements of the Project Stabilization Agreement as the estimated construction costs exceeded $750,000. The prospective bidders for the Project were made aware of this requirement as part of the construction contract. Ghilotti and their subcontractors have submitted the required agreement to be bound forms for the Citywide Project Stabilization Agreement.

Construction Management
MNS Engineers, Inc. (MNS) of Antioch, CA is already under contract to provide construction management, inspection, and materials services for Phase 2 of the Treat Blvd project (see Background section of this report).

Financial Impact
Currently, the Project does not have enough funding to award the construction contract, provide contingency, and allow the project to pay for Staff time. In total, there is a shortfall of $800,000.

A budget transfer totaling $800,000 is recommended, including $90,000 from Oak Grove Pavement Rehab Phase 2 Project (Fund 266, State Gas Tax SB1 - PJ 2423); $160,000 from Pavement Maintenance Zone 3 (Fund 266, State Gas Tax SB1 - PJ 2443); and $550,000 from Pavement Holding Account (Fund 475, Measure J Local - PJ 2157). PJ 2423 and PJ 2443 are completed projects.

On January 31, 2024, the City was awarded $250,000 of the 2023-24 CalRecycle Rubber Grant program (Grant Number TRP16-23-0051). These grants are used to pay the incremental cost to include the use of recycled rubber (rubberized asphalt pavement) in the roads. The use of the grant will be spread among qualified paving

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City Council Agenda Report
Agenda Item No. 3.e
June 11, 2024
projects. An appropriation of $140,000.00 to the Project is needed for reimbursement from CalRecycle.

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

Public Contact
The City Council Agenda was posted.

Attachments

1. PJ 2559 Phase 2 Project Location Map

2. PJ 2559 Phase 2 Bid Summary

3. Construction Contract with Ghilotti Construction Company Inc. (Ghilotti)

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ATTACHMENT 1

PROJECT LOCATION MAP
TREAT BOULEVARD PAVEMENT REHABILITATION PROJECT (PHASE 2) CITY PROJECT NO. 2559

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+City of Concord
Bid Sheet
PROJECT #PJ-2559 Bid Opening:

Treat Blvd Pavement Rehabilitation
(Phase 2)
Thursday,
May 2, 2024
2:00 p.m.

City Manager's Conference Room
Engineer’s Estimate: $5,800,000 To be awarded: June 11, 2024

CONTRACTOR TOTAL BASE BID
Ghilotti Bros., Inc.
525 Jacoby Street
San Rafael, CA 94901 BID WITHDRAWN
$5,478,106.00
Ghilotti Construction Company
246 Ghilotti Ave.

Santa Rosa, CA 95407
$6,180,079.00
McGuire Hester
2810 Harbor Bay Parkway
Alameda, CA 95879
$6,454,610.00
Contact: Kevin Wheat x3422
Attachment 2

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CONTRACT
THIS CONTRACT, made and entered into this June 11, 2024, between the CITY OF CONCORD, a general law city in Contra Costa County, California, hereinafter called "City", and Ghilotti Construction Company Inc., 246 Ghilotti Avenue, San Rafael, CA 95407, hereinafter called "Contractor", for Treat Boulevard Pavement Rehabilitation Project (Phase 2), City Project No. 2559.

1. That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by City, and under the conditions expressed in the two bonds attached hereto, the Contractor agrees with the City, at its his own cost and expense, to do all the work and furnish all the materials, except such as may be furnished by the City, as set forth in the Specifications, necessary to construct and complete in a good, workmanlike and substantial manner and to the satisfaction of the City the following work: mobilization, traffic control, public notification, water pollution control, demolition of concrete and other existing features, pavement rehabilitation such as cold-in-place recycling (CIR) and mill and fill with hot mix asphalt and rubberized asphalt, utility cover adjustments, concrete improvements, upgrade of concrete curb ramps, sidewalk repairs, tree replacement, median landscaping including (new planting, stamped concrete hardscape, irrigation, and plant establishment), traffic striping and pavement markings, curb paint, site cleanup; and all other work shown on the Plans and such other items or details that are required by the Plans, and specified in the Special Provisions, and also in accordance with all provisions of the 2023 edition of the State Standard Specifications, which said Special Provisions and State Standard Specifications are hereby specially referred to and by such reference made a part hereof.

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

2. The Contractor agrees to receive and accept $6,180,079.00 as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this agreement; also for all loss or damage, arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstruction which may arise or be encountered in the prosecution of the work until its acceptance by the City, and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work, and the whole thereof, in the manner and according to the Plans and Specifications, and the requirements of the Engineer under them.

3. The City hereby promises and agrees with the Contractor to employ, and does hereby employ, the Contractor to provide the materials and to do the work according to the terms and conditions herein contained and Attachment 3

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referred to, for the price aforesaid, and hereby contracts to pay the same at the time, in the manner and upon the conditions as provided; and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained.

4. Burden of Proof and Limitations. Contractor bears the burden of proving entitlement to and the amount of any claimed damages. Contractor is not entitled to damages calculated on a total cost basis, but must prove actual damages. Contractor is not entitled to speculative, special, or consequential damages, including home office overhead or any form of overhead not directly incurred at the Project site or any other Worksite; lost profits; loss of productivity; lost opportunity to work on other projects; diminished bonding capacity; increased cost of financing for the Project; extended capital costs; non-availability of labor, material or equipment due to delays; or any other indirect loss arising from the Contract. The Eichleay Formula or similar formula will not be used for any recovery under the Contract. The City will not be directly liable to any Subcontractor or supplier.

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

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

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

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

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

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

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

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

GHILOTTI CONSTRUCTION COMPANY,
INC.
a California corporation
By:___________________________________
Contractor

CITY OF CONCORD,
a municipal corporation
By:___________________________________
Mayor
Email:[email protected]____________
APPROVED AS TO FORM:

By:__________________________________
City Attorney
ATTEST:

By:__________________________________
City Clerk

FINANCE DIRECTOR FUND CERTIFICATION

GL CODE ACCOUNT CODE AMOUNT
266-9500-C999-74200
402-9500-C999-74200
407-9500-C999-74200
266-2559-115-74200
402-2559-115-74200
407-2559-115-74200
$2,410,053.00
$103,026.00
$3,667,000.00

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

Director of Finance

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Staff Report
Date: June 11, 2024
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kevin Marstall, PE, Director of Community Development Carlton Thompson, PE, City Engineer
Bernard Enrile, PE, CIP Manager
Prepared by: Aldrich Bautista, PE, Associate Civil Engineer [email protected]
(925) 671-3028
Subject: Considering accepting and appropriating $830,000 of funds from a One Bay Area Grant (OBAG 3) and $2,835,000 of funds from an Active Transportation Program (ATP) Cycle 6 Grant from Metropolitan Transportation Commission (MTC) for the Willow Pass Road Cycle Track, Project No. 2572.

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

Report in Brief
The City of Concord (City) applied for and was awarded $830,000 of funds from the One Bay Area Grant Cycle 3 (OBAG 3) program and $2,835,000 of funds from the Active Transportation Program (ATP) Cycle 6 Grant program, for a total of $3,665,000 in grant funding, to support the Willow Pass Road Cycle Track project. The local match is $400,000 for both grants.

The Willow Pass Road Cycle Track (Project No. 2572) (Project) will construct a protected Class IV bike lane along Willow Pass Road from Parkside Drive to Landana Drive and Class II bicycle lanes on Parkside Drive from Willow Pass Road to Salvio Street (See Attachment 1). The Project will also install Rectangular Rapid Flashing Beacons (RRFB) and green bike/vehicle conflict markings at key intersections.

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City Council Agenda Report
Agenda Item No. 3.f
June 11, 2024
Recommended Action
Accept and appropriate $830,000 of funds from a One Bay Area Grant (OBAG 3) and $2,835,000 of funds from an Active Transportation Program (ATP) Cycle 6 Grant from Metropolitan Transportation Commission (MTC) for the Willow Pass Road Cycle Track, Project No. 2572.

Background/Analysis
The Project will construct a protected Class IV bike lane along Willow Pass Road from Parkside Drive to Landana Drive and Class II bicycle lanes on Parkside Drive from Willow Pass Road to Salvio Street. A Class II bike lane is a portion of the roadway that is striped for one-way bike travel. A Class IV bike lane (also called a cycle track) is a separated bikeway for the exclusive use of bicycles in two directions and includes a buffer between the bikeway and adjacent vehicular traffic lane. The buffer may include, but is not limited to, grade separation, flexible posts, inflexible physical barriers, or on- street parking. The proposed buffer on Willow Pass Road is a 6-inch concrete curb.

Additionally, the Project will install green conflict markings and Rectangular Rapid Flashing Beacons (RRFB) and at key intersections to be defined during the design phase. This Project fills a gap in the bicycle network that connects with planned and funded Downtown corridor improvements and ultimately provides a bikeway connection from the neighborhoods along Willow Pass Road to the Downtown Concord BART station.

In June 2022, the Contra Costa Transportation Authority (CCTA) released a call for projects for federal OBAG 3 funds seeking applications from their member agencies in Contra Costa County. OBAG 3 funds are administered by MTC for the nine county Bay Area counties through respective County Transportation Agencies, which for the City is CCTA. In July 2022, the City submitted a grant application to CCTA requesting federal OBAG 3 funds to implement pedestrian, bicycle, road crossing, safe routes to school, and access to transit improvements.

Based on a comprehensive review of grant applications conducted by review committees at CCTA and later at MTC, Concord’s grant applications scored among the highest in Contra Costa County, which resulted in MTC selecting the Project to award a total of $830,000 in OBAG 3 grant funds. MTC has also selected the Project to award $2,835,000 in grant amount under Cycle 6 Regional ATP funding, which, together with the OBAG 3 grant, fully funds the Willow Pass Road Cycle Track’s fund request.

Securing OBAG 3 and Cycle 6 Regional ATP grants require the City to commit approximately $400,000 in total local match. These funds were reserved in Project No. 2572 as part of the Mid-cycle Budget update on June 6, 2023.

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City Council Agenda Report
Agenda Item No. 3.f
June 11, 2024
Financial Impact
The Project budget of consists of Measure V and federal OBAG 3 and ATP Cycle 6 grant funds for a total of $4,065,000 and is composed of:
 $830,000 of OBAG 3 funds (Fund 402)
 $2,835,000 of ATP Cycle 6 funds (Fund 402)
 $400,000 of Measure V funds for local match (Fund 407) If the recommended grant appropriations are approved by Council, there will be sufficient funds in the current budget to fund the estimated Project costs for design and construction.

Environmental Determination
Pursuant to CEQA Guidelines Sections 15060(c)(2), 15060(c)(3), 15061(b)(2), 15273, 15378, and/or Public Resources Code Section 21065, appropriating grant funding is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, as it does not constitute a “project,” does not commit the City to a definite course of action, and does not constitute discretionary approval of a specific project. 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.

Attachment

1. Location Map

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Attachment 1
Location Map

Willow Pass Road Cycle Track project
City Project No. 2572
Federal Project No. STPL-5135 (067)

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From: Barone, Valerie <[email protected]> Sent: Tuesday, June 11, 2024 1:39 PM
To: Thompson, Carlton <[email protected]>; Marstall, Kevin <[email protected]>; Ezell, Justin <[email protected]>; Fockler, Joelle <[email protected]>; Ananthan, Stefanie <[email protected]>; McAuley, Wendy <[email protected]>
Subject: Agenda Item 3.f: Willow Pass Cycle Track Cross Section Request from Councilmember Hoffmeister

This e-mail is being shared with all Councilmembers

Laura N.,

Below is the requested cross section of the Cycle Track on Willow Pass Road.

City Clerk Team: Please bench this e-mail for tonight’s Council meeting for this item.

Valerie

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

Subscribe to our City News e-newsletter to stay informed about what's happening in your community!

From: Bautista, Aldrich <[email protected]> Sent: Tuesday, June 11, 2024 11:51 AM
To: Thompson, Carlton <[email protected]> Subject: PJ 2449: Cross Sections.

Carlton,

See attached presentation with cross sections. Cycle track is on the North side (same as Civic Center), runs between Parkside and Landana. At Parkside it connects over to Salvio to downtown.

Benched Correspondence
Agenda Item No. 3.f
June 11, 2024

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Aldrich R. Bautista, P.E.

Associate Civil Engineer
City of Concord | Engineering Services
1950 Parkside Drive, M/S 40, Concord, CA 94519
Phone: (925) 671-3028 Fax: (925) 671-3362
Email: [email protected]

www.cityofconcord.org | www.concordfirst.com

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Staff Report
Date: June 11, 2024
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Karan Reid, Director of Finance
Prepared by: Donna Lee, Budget and Treasury Officer
[email protected]
(925) 671-3261
Subject: Considering approval of the Second Amendment to the Professional Services Agreement, Agreement No. 3328, for financial, accounting, and administrative services with Robert Half International, Inc. in the amount of $40,000 for a not-to- exceed amount of $120,000 for the term of this agreement, and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney. (General Fund)
Report in Brief
Council is requested to approve a second amendment to the professional services agreement with Robert Half International Inc. to perform essential financial, accounting, and administrative functions until key finance positions which are currently vacant are filled. The Finance Department currently has four vacant positions. To ensure adequate coverage during vacancies, Council is requested to authorize a $40,000 increase to the contract, for a not to exceed amount of $120,000, for the term of the agreement.

Recommended Action
Approve the Second Amendment to the Professional Services Agreement, Agreement No. 3328, for Financial, Accounting, and Administrative Services with Robert Half International, Inc. in the amount of $40,000 for a not-to-exceed amount of $120,000 for the term of this agreement, and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney (General Fund).

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City Council Agenda Report
Agenda Item No. 3.g
June 11, 2024
Background
On April 19, 2023, the City entered into an agreement with Robert Half International, Inc. to provide financial, accounting, and administrative services on a temporary basis, to support the department during several vacancies.

The City currently has a contract with Robert Half in the amount of $80,000. Additional services are required to continue support of the financial operations of the City while the Purchasing Agent, Account Clerk II, Account Clerk III, and Accounting Technician I recruitments are in progress.

During these staffing transitions, the department contracted with Robert Half to ensure timely and accurate completion of high-priority duties and to ensure service levels to Finance customers were uninterrupted.

Financial Impact
No impact to the General Fund; sufficient funds exist in the Finance department budget to fund this contract amendment.

Public Contact
The City Council Agenda was posted.

Attachment

1. Second Amendment to Professional Services Agreement with Robert Half International, Inc.

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SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
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28 This Second Amendment to Professional Services Agreement (“Second Amendment”) is entered into on this date, June 11, 2024, and amends the Professional Services Agreement, Agreement No. 3328, between the City of Concord (“CITY”) and Robert Half International, Inc. (“CONSULTANT”).

WHEREAS, the CITY and CONSULTANT entered into a Professional Services Agreement, Agreement No.3328, dated April 19, 2023 (the “Agreement”), wherein CONSULTANT agreed to perform finance, accounting, and administrative services on a temporary basis for the City.

WHEREAS, under Section 1 “TERM” the Agreement provides that the Agreement shall expire on June 30, 2024, with the option to extend the term for three additional periods of one-year each upon written agreement by the parties.

WHEREAS, the parties executed a First Amendment to exercise the first option to extend and extend the term to June 30, 2025.

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

WHEREAS, the parties mutually desire to amend the Agreement to provide for additional compensation;
NOW THEREFORE, in consideration of the promises and conditions set forth in the Agreement, the parties mutually desire to amend the Agreement as follows:

1. The first two sentences of Section 3 “Payment” are hereby amended to read as follows:

The compensation to be paid to CONSULTANT including payment for professional services and reimbursable expense, shall be at the rate and schedules in detail in Exhibit A. However, in no event shall the amount CITY pays CONSULTANT exceed One Hundred Twenty Thousand dollars ($120,000) for the term of this Agreement.

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

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

Attachment 1

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28 Dated: ___________ Robert Half International, Inc.

BY: ________________________
Abe Klatt, Regional Manager
[email protected]
Dated: ___________ CITY OF CONCORD
By: _________________________
Valerie J. Barone
City Manager
APPROVED AS TO FORM: ATTEST:
____________________________ ____________________________________ Susanne Brown Joelle Fockler, MMC
City Attorney City Clerk
FINANCE DIRECTOR'S CERTIFICATION:

Concord, California
Date: ________________

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

THE SUM OF $120,000. Account Code
10032001Z01-63800-0400.

Finance Director's Signature

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Staff Report
Date: June 11, 2024
To: City Council Sitting as the Concord/Pleasant Hill Health Care District Board
From: Valerie J. Barone, City Manager
Reviewed by: Kevin Marstall, PE, Director of Community Development Prepared by: Leng Power, Community Services Manager
[email protected]
(925) 603-5838
Subject: Considering adoption of a Resolution authorizing the Executive Director to disburse funds and execute all attendant documents and agreements for Fiscal Year 2024/25 funding on behalf of the Concord/Pleasant Hill Health Care District (subject to District Counsel approval of contracts),
appropriating $320,000 from Concord/Pleasant Hill Health Care District Fund 530 Grants Funds, and accepting and
appropriating $25,000 from John Muir Health for
administration of the Program and disbursing $210,000 from the Concord/Pleasant Hill Health Care District for one time grant award for FY 2024/25.

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

Report in Brief
This report forwards to the Board the recommendations of the Concord/Pleasant Hill Health Care District (CPHHCD) Grant Committee for funding for Fiscal Year (FY) 2024/25 to local agencies that provide community health programs to at-risk populations. The total recommended allocation for administration and programs for the CPHHCD in FY 2024/25 is $345,000. This report also includes recommendations of the CPHHCD Grant Committee for one time funding from the CPHHCD fund balance for FY 2024/25 in the amount of $210,000.

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City Council Agenda Report
Agenda Item No. 3.h
June 11, 2024
Recommended Action
Adopt a Resolution authorizing the Executive Director to disburse funds and execute all attendant documents and agreements for Fiscal Year 2024/25 funding on behalf of the Concord/Pleasant Hill Health Care District (subject to District Counsel approval of contracts), appropriate $320,000 from Concord/Pleasant Hill Health Care District Fund 530 Grants Funds, and accept and appropriate $25,000 from John Muir Health for administration of the program and disburse $210,000 from the Concord/Pleasant Hill Health Care District for one time grant award for FY 2024/25.

Background
In April 2012, at the request of the Local Agency Formation Commission (LAFCO), the City of Concord (City) submitted an application and operational plan proposing establishment of the Mt. Diablo Health Care District (MDHCD) as a subsidiary district of the City, with the Concord City Council (Council) serving as the MDHCD Board. LAFCO approved the plan and established MDHCD as a subsidiary district of the City, placing Council in the role of the Board of the District. Council, in its role as the Board for the MDHCD, adopted Resolution No. 12-001 establishing bylaws for MDHCD and authority to appropriate MDHCD funds. In July 2013, the Board approved changing MDHCD’s name to the Concord/Pleasant Hill Health Care District (CPHHCD) to better reflect the boundaries of the district.

The CPHHCD established a community advisory committee to review grant applications and make funding recommendations to the CPHHCD Board. The CPHHCD Grant Committee (Committee) is comprised of five Concord residents appointed by Council and two Pleasant Hill residents appointed by the City of Pleasant Hill’s City Council.

The CPHHCD grant process starts with a two-year funding cycle followed by a three- year funding cycle. In the first year, a specific grant amount is awarded, and funding in Years 2 and 3 is based on funding availability and grantee performance. Contracts are issued on an annual basis and adjusted proportionally among all grantees to accommodate fluctuations in available funding. FY 2024/25 will be the second year of the current three-year process.

On June 13, 2023, as part of the biennial budget adoption for FY 2023/24 and 2024/25, $210,000 was allocated of CPHHCD fund balance for one time grant awards.

Analysis
To provide local agencies with funding stability, the grant program operates on a two- year cycle followed by a three-year cycle. In Fiscal Year 2022/23, the Committee heard presentations and reviewed applications from twenty-five local agencies. All applications were reviewed and assessed utilizing established evaluation criteria. During the program year, subrecipients submitted semi-annual progress reports detailing clients served and services provided, program income and expenditures, and any issues/challenges the program faced. City staff (Staff) reviews these reports to ensure

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City Council Agenda Report
Agenda Item No. 3.h
June 11, 2024
that the goals and objectives of the program agreement are met. Recipients that fulfill contractual requirements for performance goals and appropriate expenditure of funds will be recommended for subsequent fiscal year funding (i.e., year 2 and 3) by the Committee.

Because this is the second year of the three-year funding cycle, recipients of FY 2023/24 funds that fulfilled their contract requirements for performance goals and appropriate expenditure of funds were again recommended for funding in FY 2024/25.

These recommendations are detailed in Exhibit A of the proposed Resolution.

For FY 2024/25, the Committee recommends second year funding for all twenty local organizations that were funded in year one. These organizations provide a variety of community health programs to at-risk populations, including health and dental services, access to meals and nutritional foods, support services for seniors, wraparound services for the LGBTQIA+ seniors, outreach to homeless residents, and support for victims of domestic violence. The Committee took this action at a public meeting on May 2, 2024.

As part of the one-time appropriation of CPHHCD funds, a kickoff meeting was held on January 29, 2024, to provide interested parties with information on the funding opportunity, review eligibility and the application process. Thirteen applications were received with a total fund request of $389,794. The Committee finalized funding recommendations for the one-time CPHHCD funds for ten organizations to provide adult and youth mental health services, reproductive healthcare, food assistance, perinatal mental healthcare, and healthcare enrollment support. This action took place at a public meeting on May 2, 2024. These recommendations are detailed in Exhibit B of the proposed Resolution. All recipients understand this is a one-time source of funding.

Financial Impact
All funds allocated for CPHHCD grants are generated through property taxes within the Concord/Pleasant Hill Health Care District. The City receives twenty percent of the CPHHCD revenue for administration of the program. John Muir contributes $25,000 annually towards administration, with the balance paid from the property tax revenue.

The revenue allocated by Council as part of the Operating Budget for CPHHCD grant funds in FY 2024/25 is $320,000. Council also allocated a one-time amount of $210,000 for CPHHCD grant award for FY 2024/25. There is no impact to the City’s General Fund.

Environmental Determination
Pursuant to the California Environmental Quality Act of 1970, Public Resources Code §21000, et seq., as amended and implementing State CEQA Guidelines, Title 14, Chapter 3 of the California Code of Regulations (collectively “CEQA”), the allocation of CPHHCD funds supporting community health programs to at-risk populations does not constitute a “project,” within the meaning of Public Resources Code Section 21065 and

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City Council Agenda Report
Agenda Item No. 3.h
June 11, 2024
CEQA Guidelines Sections 15060(c), 15061(b), 15273, and 15378 because there is no potential that the activity will result in a direct or reasonably foreseeable indirect physical change in the environment, and it involves government funding/fiscal activities.

Moreover, even 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), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. This determination reflects the City’s independent judgment and analysis.

Public Contact
The City Council Agenda was posted. Copies of the agenda have been provided to the CPHHCD Grant Committee, the City of Pleasant Hill staff, John Muir Health, and CPHHCD grant applicants.

Attachment

1. Resolution Authorizing the Executive Director to Disburse Funds and Execute all Attendant Documents and Agreements for Fiscal Year 2024/25 Funding on Behalf of The Concord/Pleasant Hill Health Care District (Subject to District Counsel Approval of contracts), Appropriate $320,000 from Concord/Pleasant Hill Health Care District Fund 530 Grants Funds, and Accept and Appropriate $25,000 from John Muir Health for Administration of the Program and disburse $210,000 from the Concord/Pleasant Hill Health Care District for one time grant award for FY 2024/25
Exhibit A – CPHHCD FY2024/25 Funding Recommendations
Exhibit B – CPHHCD FY 2024/25 One Time Funding Recommendations

Page 4 of 15 ends

Res. No. 24-XX 1

BEFORE THE CONCORD/PLEASANT HILL HEALTH CARE DISTRICT IN THE CITY OF

CONCORD, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Authorizing the Executive Director to
Disburse Funds and Execute All Attendant
Documents and Agreements for Fiscal Year 2024/25
Funding on Behalf of The Concord/Pleasant Hill
Health Care District (Subject to District Counsel
Approval of Contracts), Appropriate $320,000 from
Concord/Pleasant Hill Health Care District Fund 530
Grants Funds, and Accept and Appropriate $25,000
from John Muir Health for Administration of the
Program and Disburse $210,000 from the
Concord/Pleasant Hill Health Care District for One
Time Grant Award for FY 2024/25
Resolution No. 24-XX
/
WHEREAS, the Concord/Pleasant Hill Health Care District (“CPHHCD”) is funded primarily by property tax revenues; and
WHEREAS, CPHHCD funding is allocated to improve the health of people and communities within the CPHHCD by funding needed health programs; and WHEREAS, as further described in the accompanying staff report, $320,000 is allocated in grant funding for FY 2024/25 for health programs and program administration; and $210,000 is allocated in one time funding for FY 2024/25; and
WHEREAS, CPHHCD has determined that the expenditures of these funds is necessary to improve health access and promote healthy lifestyles.

NOW, THEREFORE, THE CONCORD/PLEASANT HILL HEALTH CARE
DISTRICT BOARD DOES RESOLVE AS FOLLOWS:

Section 1. Pursuant to the California Environmental Quality Act of 1970, Public Resources Code §21000, et seq., as amended and implementing State CEQA Guidelines, Title 14, Chapter 3 of the California Code of Regulations (collectively “CEQA”), the allocation of CPHHCD funds supporting community health programs to at-risk populations constitute a “project,” within the meaning of Public Resources Code Section 21065 and CEQA Guidelines Sections 15060(c), 15061(b), 15273, and 15378 because there is no potential that the activity will result in a direct or Attachment 1

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Res. No. 24-XX 2
reasonably foreseeable indirect physical change in the environment, and it involves government funding/fiscal activities. Moreover, even 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), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. This determination reflects the City’s independent judgment and analysis.

Section 2. That the City Manager sitting as the Executive Director is authorized to disburse funds and execute all attendant documents and agreements (subject to District Counsel approval), consistent with the Board of Director’s designation and approval of the programs, activities and projects to be undertaken during FY 2024/25 as designated in Exhibit A and Exhibit B of the report, entitled FY 2024/25 Concord/Pleasant Hill Health Care District Funding Recommendations and Concord/Pleasant Hill Health Care District Funding Recommendations for one time funding FY 2024/25.

Section 3. That the Executive Director is authorized to appropriate $25,000 from John Muir Health for administration of the program.

Section 4. This resolution shall become effective immediately upon its passage and adoption.

PASSED AND ADOPTED by the Board of Directors of the Concord/Pleasant Hill Health Care District on June 11, 2024, by the following vote:

AYES: Board members -
NOES: Board members -
ABSTAIN: Board members -
ABSENT: Board members -
//
//
//
//

Page 6 of 15 ends

Res. No. 24-XX 3
I HEREBY CERTIFY that the foregoing Resolution No. 24-XX was duly and regularly adopted at a regular meeting of the Concord/Pleasant Hill Health Care District Board of Directors on June 11, 2024.
__________________________________
Edi E. Birsan, Chair
Concord/Pleasant Hill Health Care District
Joelle Fockler, MMC., Secretary
Concord/Pleasant Hill Health Care District
APPROVED AS TO FORM:

Susanne Meyer Brown
District Counsel
Attachment: Exhibit A – Concord/Pleasant Hill Health Care District FY 2024/25 Funding Recommendations
Exhibit B- Concord/Pleasant Hill Health Care District FY 2024/25 Funding Recommendation for One Time Funding

Page 7 of 15 ends

Description
$320,000
Monument Crisis
Center
Building a Healthy PHC
Community for Low Income
and At Risk Neighbors
Health & Wellness services include food fistribution
and referral to resources that promote and deliver
nutrition, preventative healthcare/screenings, health
information and outreach onsite partner agencies
exercise classes, wellness workshops as well as
research and advocacy.
$25,000
Trinity Center Walnut
Creek Trinity Center- Day Shelter
Provides services to meet the basic, health access,
and recovery needs of homeless, at-risk, and low
income persons. Concord, Pleasant Hill, and East
Contra Costa County represent the greatest
percentage of clientele in need of resources for
recovery, stability, and health access through
Advocates at our day center and at housing facilities
where we provide supportive services.
$20,000
Dentists on Wheels Low Income Senior
Restoration Lab Fees
This program will expand restorative treatment to low-
income seniors, by funding supplies such as
anesthetic, impression material (for dentures), and
the blocks for new crown-making machine used to
create permanent crowns for patients.
$15,020
White Pony Express Food Rescue Hero
White Pony express provides an innovative app-
based initiative called Food Rescue Hero. Food is
rescued from large specialty markets, caterers,
restaurants, and farmers that they are unable to sell.

The Initiative is a pioneering tech solution that
connects smaller surplus food donations with
available volunteer food-runners. It works like Uber,
only for free food distribution!
$30,000
Agency Program
Amount
Funded
CPHHCD FY 2024/25 Funding Recommendations
Exhibit A to Attachment 1

Page 8 of 15 ends

Dentists on Wheels
Pittsburg Free Dental
Clinic at St. Vincent
de Paul
Expanded Dental Treatment
Team
This program will fund a registered dental assistant
that will assist in operating at the organizatitions
expanded capacity. The team member will be trained
on new crown-making machine to make all custom
crowns onsite at the clinic so that the agency can
maximize the time of volunteer dentists to assess
and treat new patients.
$15,960
We Care Services for
Children
Expansion of Mental Health
Services
The Mental Health Services Expansion Project
benefit children under the age of 5 who face lifelong
disadvantages due to early abuse, trauma, neglect,
and mental health issues. The populations served
include low-income and historically marginalized
children living in Concord and Pleasant Hill. A high
percentage of African American (33%) and Latino
children (24%) under five years old live in families at or below 100% of the Federal Poverty Level in
Contra Costa County. Mental Health services will
reduce disparities for underserved children within
these populations. The program supports improved
outcomes for children, and halts the effects of
generational abuse and trauma in families.
$15,000
Food Bank of Contra
Costa and Solano
Food Bank - Community
Produce Program
The Food Bank of Contra Costa and Solano’s
Community Produce Program distribute an average
of 387,260 pounds of fresh produce each year to low-
income neighborhoods in Concord and Pleasant Hill
with limited access to healthy food.
$15,000

Page 9 of 15 ends

Contra Costa Health
Services - Health,
Housing, and
Homeless Services
Coordinated Outreach,
Referral and Engagement
(CORE) Program
The Coordinated Outreach, Referral and
Engagement program serves the most vulnerable, at
risk populations in our community, incluidng
homeless elderly, families, veterans, those with
behavioral and primary care disabilities, re-entry
population, victims of human trafficking and
undocumented individuals. All served lived outside
and in places not meant for human habitation and
lack a fixed residence. The program works to
connect clients to services and prioritize them for
shelter and housing opportunities.
$13,000
Meals on Wheels of
Contra Costa, Inc.

Meals for Concord/Pleasant
Hill Homebound Elders
This program provide daily meals to nutritionally at-
risk homebound elders 60 years and older who have
no other viable means or receiving a regular
nutritious meal and in many cases are socially
isolated with no human contact other than a Meals
on Wheels driver.
$20,000
STAND! For Families
Free of Violence
Central County Domestic
Violence Emergency
Response Team
STAND!'s domestic violence Emergency Response
Team serves victims of domestic violence and their
children with emergency response including
wraparound services, crisis line and emergency
shelter (or emergency hotels during illness crisis)
when needed.
$12,800
Monument Impact Healthy Communities
Monument Impact offers Healthy Communities
Program that address health inequities using
Promotores as trusted messengers on critical health
issues. Multiple pathways to health services address
barriers and act as an accessible bridge for Latinx
immigrants in Concord/Pleasant Hill. Our Healthy
Communities Program includes Mentes Positivas en
Accion, Monument Moves, Diabetes Empowerment
Education Program, and outreach and education.
$10,000

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Pleasant Hill Senior
Center
Café Costa Café Senior
Nutrition Program
The Cafe Costa Senior Nutrition Program provides
nutritional and well-balanced meals each weekday
to seniors age 60+ in a comfortable setting to
promote socialization. $3 confidential donations are
suggested but no one is turned away because of
donation status.
$15,000
Contra Costa Family
Justice Alliance Family Justice Center
The Family Justice Center (the “Center”) is a one-
stop center for victims of domestic violence, sexual
assault, child/elder abuse and human trafficking.

Resources are offered to meet the needs of children,
youth and families impacted by interpersonal
violence. Program focuses on reducing family
violence which impacts children’s healthy
development including their emotional, mental and
physical health.
$20,000
Rainbow Community
Center of Contra
Costa County
HIV/LGBTQIA+ Senior
Program
Rainbow Community Center’s supports three high-
risk populations in the Concord/Pleasant Hill Health
Care District (CPHHCD): LGBTQ+ Seniors, people
living with HIV/AIDS and those within those
categories experiencing food insecurity. Program
offers, comprehenisve support and resources HIV
testing, safe sex material, community education, and
food delivery services.
$15,070
Lions Center for the
Visually Impaired
Independent Living Skills
and Socialization for Blind
and Visually Impaired Adults
The Independent Living Skills/ILS and socialization
Program targets blind and visually impaired seniors
living in Concord/Pleasant Hill who need assistance
in order to maintain their independence, health and
safety.
$10,000
RotaCare Bay Area,
Inc.

RotaCare Concord Free
Medical Clinic
RotaCare Concord Free Medical Clinic is a volunteer-
driven and patient-centered provider of free
healthcare for the uninsured and underserved in the
Concord/Pleasant Hill community.
$20,000

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Meals on Wheels
Diablo Region
Senior Total Health
Management Initiative
The Senior Total Health Initiative serves seniors 60
years of age and older by providing access to fall
prevention programs, exercise and fitness programs,
and social services that complement health care
services and enhance well-being . Services target
low-income seniors and include bilingual services for
Spanish speakers.
$13,000
Meals on Wheels
Diablo Region Care Management
Care Management serves seniors 60 years of age
and older by providing case management that
complement health care services and enhance well-
being. Services are delivered in coordination with
community partners. Services target low-income
seniors with special needs and include bilingual
services for Spanish speakers.
$13,000
Cancer Support
Community San
Francisco Bay Area
Comprehensive Cancer
Support Services
Cancer Support Community serves anyone affected
by cancer; patients, survivors, caregivers, and family
members of all ages, ethnicities, and socioeconomic
statuses.
$10,000
Empowered Aging Empowered Aging-
Ombudsman
Empowered Aging (EA) provide services to elder and
dependent residents of long-term care facilities in
Concord and Pleasant Hill. The program seeks to
protect and advocate for older and dependent adults
by preserving their rights and improving quality of life throughout the process of aging. State certified
Ombudsman volunteers empower long-term care
residents and protect their rights and safety through
advocacy and education.
$12,150

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Planned Parenthood
Shasta Diablo Inc. DBA
Planned Parenthood
Northern California
PPNorCal’ s Community
Health Worker Program:

Advancing Health Equity in
Concord and Pleasant Hill
Sustain and expand Planned Parenthood
Northern California’s Concord Health Center-
based Community Health Worker program, which
bridges gaps in access to essential sexual
reproductive health care and wraparound
services in Contra Costa County, including
Concord and Pleasant Hill.
$40,000
Food Bank of Contra
Costa and Solano
Kids Nutrition On
Weekends (K-NOW)
The Food Bank of Contra Costa and Solano’s K-
NOW program will distribute shelf stable meal
options to students in Concord and Pleasant Hill
with limited access to healthy food on the
weekends when school is not in session.
$15,000
Bay Area Crisis
Nursery Crisis Nursery Services
The Bay Area Crisis Nursery will increase access to
health insurance through outreach, education,
and assisting parents in completing applications
for health insurance. The focus will be recently
immigrated families and single mother-led
households to increase access to healthcare and
self-care as a preventative practice. The Nursery
will provide free care to young children.
$20,000
We Care Services for
Children
Perinatal Mental Health
Pilot Program
We Care's perinatal mental health pilot program
will address challenges for at-risk expectant
mothers, focusing on depression, anxiety, and
trauma. Interventions will enhance maternal well-
being in preparation to care for their newborn,
fostering positive perceptions of the child,
accurate interpretation of cues, and healthy
infant development.
$14,000
Amount FundedAgency Program Description
Exhibit B to Attachment 1
CPHHCD FY 2024/25 Funding Recommendation for One Time Funding

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CPHHCD Funding Recommendation for One Time Funding FY 24/25 STAND! For Families
Free of Violence
Domestic Violence Mental
Health Counseling
STAND will provide mental health counseling
services focused on the trauma recovery of adult
victims of domestic violence - using a
combination of Time-limited Cognitive-Behavioral
Counseling and the best practice of Eye
Movement Desensitization and Reprocessing
delivered by professionally licensed clinicians.

Focus is symptom management and trauma
processing to aid in victims' ability to move
forward as they rebuild their lives following the
trauma of family/intimate partner violence.
$25,000
Contra Costa Crisis
Center
Health & Wellness Access
24-7
Health &Wellness Access 24-7 will provide
support for mental health crisis and suicide
intervention as well as referrals to a variety of
social and health services throughout the
community.
$16,000
Mt. Diablo Unified
School District
CARES Expanded Learning
Program
CARES Expanded Learning provides
comprehensive, on-site after school programs
serving approximately 1,708 students at five
elementary schools (Cambridge, Meadow Homes,
Ygnacio Valley, Wren Avenue and Fair Oaks) and
two middle schools (El Dorado and Oak Grove) in
the Monument Corridor, Solano Way and Willow
Pass neighborhoods. Services include academic
support and intervention, arts and enrichment,
health and nutrition education, sports and fitness
activities, leadership and youth development and
family events.
$20,000
La Clinica de La Raza,
Inc.

Community Health Access
(CHA)
Community Health Access will help low income,
underserved individuals, access health care
coverage such as Medi-Cal, Cal-Fresh, Cal-Works,
and Kaiser Community Health Care Program. A
Bilingual Community Health Educator – Certified
Enrollment Counselor will offer assistance at
satellite enrollment location to make the
resources accessible to populations that may
experience transportation or language barriers.
$20,000
Exhibit B of Attachment 1

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CPHHCD Funding Recommendation for One Time Funding FY 24/25 Meals On Wheels
DIablo Region Cultural Cuisine
Cultural Cuisine will provides nutritionally
balanced, Latin American inspired meals for
homebound seniors who prefer this cuisine.

Contra Costa County has the 4th most diverse
population of seniors in California, and providing
culturally relevant foods is significant. Volunteers
deliver fresh, chilled meals 3 times a week, 7
meals a week in total.
$20,000
COCOKIDS, INC. Road To Health
Road to Health will benefit children and their
families, family child care business operators in
Concord and Pleasant Hill by providing access to
health resources, facilitating a healthy lifestyle,
and increasing the competencies of child care
providers and parents to ensure the children’s
overall health and well-being through the Child
Health and Nutrition program, Resource and
Referral services, Learning Institute program and
our Child Care Subsidy program.
$20,000
Total Amount $210,000
Exhibit B of Attachment 1

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Staff Report
Date: June 11, 2024
To: City Council and Planning Commission
From: Valerie J. Barone, City Manager
Reviewed by: Justin Ezell, Assistant City Manager
Mindy Gentry, Planning Manager
Prepared by: Ben Ulrey, Assistant Planner
[email protected]
(925) 671-3152
Subject: Considering the following:

1. Preliminary results on the first phase of analysis and community engagement for the Affirmatively Furthering
Fair Housing (AFFH) Rezoning Project that implements
Program 8.6 of the 2023-2031 Housing Element; and

2. Providing feedback and input on the site selection criteria and methodology and community engagement process to
be incorporated into rezoning alternatives.

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

Report in Brief
In January 2023, the City Council (Council) authorized staff to engage Raimi + Associates, Inc. (Consultant) to work on the City’s Affirmatively Furthering Fair Housing Rezoning Project (Rezoning Project). The Consultant and City staff (Project Team) have identified the project’s scope of work, which includes developing General Plan and zoning Amendments, preparing an Environmental Impact Report (EIR), and facilitating community engagement to implement Program 8.6 of the 2023-2031 Housing Element.

The goal of Program 8.6 is to rezone a minimum of 20 acres of land in moderate- and high-resource areas of the City to increase multifamily housing options by accommodating 1,000 housing units.

4.a4.a4.a4.a4.a4.a4.a4.a4.a

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City Council Agenda Report
Agenda Item No. 4.a
June 11, 2024
The Rezoning Project kicked-off in March 2024, and the consultant team has since conducted various community engagement activities, including community workshops, stakeholder interviews, and surveys, marking the completion of Phase 1. This phase involved defining guiding principles for rezoning, assessing opportunities and constraints, formulating site selection criteria, and identifying potential housing sites within the target areas of the City.

This study session will provide a brief overview of the Rezoning Project, including the project's scope, schedule, and phases. It will also present community feedback received during Phase 1 and some initial findings from the site selection analysis conducted. The objective of this study session is to update the Council and Planning Commission on the project’s process and to provide an opportunity for input and feedback on the community engagement thus far as well as the site selection process before the Project Team begins exploring rezoning alternatives in the next phase.

Recommended Action

1. Receive preliminary results on the first phase of analysis and community engagement for the Affirmatively Furthering Fair Housing (AFFH) Rezoning Project that implements Program 8.6 of the 2023-2031 Housing Element;

2. Provide feedback and input on the site selection criteria and methodology and community engagement process to be incorporated into rezoning alternatives; and

3. Make the CEQA determination as provided in this staff report.

Background
On August 22, 2023, the Council adopted the 2023-2031 Housing Element (Housing Element), and on October 23, 2023, the California Department of Housing and Community Development (HCD) certified the Housing Element finding it to be in substantial compliance with state housing element law.

A key initiative within the Housing Element is Program 8.6 (Program), aimed at rezoning a minimum of 20 acres of land in moderate- and high-resource areas1 of the City to increasing multifamily options by accommodating 1,000 housing units, with a maximum density of 60 dwelling units per acre. This program aligns with the City's obligations under state law (AB 686, 2018) to Affirmatively Furthering Fair Housing (AFFH). 1 The term “moderate- and high-resource” refers to areas shown on the California Tax Credit Allocation Committee (CTCAC) and HCD’s Opportunity Maps, a tool used to evaluate access to various opportunities linked to critical life outcomes, e.g. education, employment, economic development, safe and decent housing, low rates of violent crime, transportation, recreation, food and a healthy environment. These maps designate the majority of U.S. Census tracts in California with a resource level ranging from “Low” to “Highest.”

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City Council Agenda Report
Agenda Item No. 4.a
June 11, 2024
The concept of AFFH is based on a 2015 rule by the Federal Department of Housing and Urban Development (HUD) to implement the 1968 Fair Housing Act. California AB 686 modified state housing element law to include the following requirements for housing element updates:
“…an assessment of fair housing practices, an analysis of the relationship between available sites and areas of high or low resources, and concrete actions in the form of programs to affirmatively further fair housing. The purpose of this assessment and analysis is to replace segregated living patterns with truly integrated and balanced living patterns and to transform racially and ethnically concentrated areas of poverty (R/ECAP) into areas of opportunity.” In accordance with these requirements, the Housing Element analyzed available housing sites throughout the City and found that sites meeting the state’s criteria for lower-income housing sites2 are located entirely in low-resource areas of Concord, a condition at odds with the state’s AFFH goals. To address this, Program 8.6 was included in the Housing Element, as follows:

“Rezone sites to increase multifamily residential options in moderate- and high-resource areas (as shown in the most recent CTCAC/HCD Opportunity Maps) with a majority white population. Rezoned sites must meet the following criteria:
a) located in Racially Concentrated Areas of Affluence or other moderate- or high-resource areas (as shown in the most recent CTCAC/HCD Opportunity Maps) with a majority white population;
b) combined area of at least 20 acres;
c) maximum density of at least 60 dwelling units per acre; d) accommodate at least 1,000 total dwelling units;
e) adequate access to infrastructure;
f) strong development potential; and
g) low potential for displacement of lower-income households.

Begin the rezone process by December 2023 by conducting outreach, analyzing opportunities, and completing a CEQA analysis to finalize the rezone by December 2024. Within 6 months of completion of the rezone, work with property owners to proactively identify prime sites, notify affordable housing developers, and provide technical assistance and priority processing for affordable projects without assessing an additional charge, and include the information in the Affordable Housing Toolkit.” 2 State housing element law includes minimum criteria for sites designated to satisfy the lower-income component of the Regional Housing Needs Allocation, including a minimum size of 0.5 acres and a minimum density of at least 30 units per acre.

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City Council Agenda Report
Agenda Item No. 4.a
June 11, 2024
Analysis
Study Area
The geographic study scope of this Rezoning Project has been defined in Housing Element Program 8.6, which states that these sites should be ‘located in Racially Concentrated Areas of Affluence or other moderate- or high-resource areas (as shown in the most recent CTCAC/HCD Opportunity Maps) with a majority white population.’ Based on staff and community input, the study area boundary includes both CTCAC3 and Racially Concentrated Areas of Affluence (RCAA)4 data and has been expanded to include additional neighboring parcels that offer similar advantages as those in high- opportunity areas.

Combined, these two geographies cover portions of the city that include the southern leg of Clayton Road, neighborhoods along Treat Boulevard, and areas around Ygnacio Valley Road. Generally, these cover the Clayton Valley, Lime Ridge, and Ygnacio Valley neighborhoods within Concord (see Attachment 1 – Map of Study Area).

The Rezoning Project will rezone approximately 20 acres of property, which represents

0.3% of the 6,900-acre Study Area, and 0.1% of the entire 19,600-acre City. The 20 acres is cumulative, meaning that not all of the rezoned parcels will be in one geographic location. It is anticipated that the 20 acres will be comprised of various sized parcels dispersed throughout the entire Study Area.

Community Engagement Summary
During Phase 1 engagement, the Project Team heard from approximately 500 participants including residents, businesses, members of community-based organizations, housing developers (both market-rate and affordable), and other agencies involved in the City including Contra Costa Water District and County Connection. The following section provides a brief overview of the various engagement activities. A detailed summary of the workshop and survey have been included in Attachment 2 and 3, respectively. The presentation by the Project Team will cover major takeaways and next steps.
 Workshops: On Monday, April 22, 2024, and Thursday, April 25, 2024, the City of Concord hosted the first of three community workshops for the Rezoning Project.5 The purpose of the workshop was to provide project background and to 3 In 2024, the California Debt Limit Allocation Committee (CDLAC) updated this CTCAC/HCD Opportunity Map to guide policies enhancing access to opportunity-rich areas for affordable housing residents funded by Low Income Housing Tax Credits and state programs, addressing residential segregation, unequal opportunity access, and historical housing concentrations in resource-limited, high-poverty, racially concentrated areas. 4 In 2022, HCD developed this updated version of the RCAA map to more accurately represent California's diversity and regional conditions, assisting local jurisdictions in analyzing racially concentrated areas of poverty and affluence in accordance with AB 686 and AB 1304.
5 The April 22, 2024, was conducted as an in-person meeting at Centre Concord and the April 25, 2024 workshop was conducted virtually via Zoom.

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City Council Agenda Report
Agenda Item No. 4.a
June 11, 2024
gather community input on principles that would guide future development, housing opportunities and constraints, criteria to select suitable sites, and potential opportunity sites for new multifamily housing. The in-person workshop had approximately 30 attendees, and its virtual counterpart saw about 60 participants on Zoom. Both workshops included Spanish interpretation, a presentation, and a period during which participants visited open-house stations or Miro boards in breakout rooms and completed the activities on each of the boards.6 Themes and feedback from the two workshops are summarized in Attachment 2.
 Stakeholder Meetings: In April 2024, the Project Team held five stakeholder meetings with the following groups: community-based organizations; market-rate housing developers; affordable housing developers; business associations; and civic associations. The purpose of these meetings was to share information about the project and gather input to help inform the framework of the Rezoning Project. The feedback received included general impressions of the Program, potential benefits, concerns, principles to guide future development, market conditions for developing multifamily housing, vertical or horizontal mixed-use, typical concessions requested for developing housing, opportunity sites, and examples of similar developments in neighboring cities.

 Community Survey: Questions posed at the two workshops were also provided in an online survey format, which was posted on the City’s website, to provide residents who could not participate in the workshops with an opportunity to provide feedback. The survey was available in both English and Spanish for three weeks from May 5 to May 24. The survey received 362 responses in English and none in Spanish. A summary of the survey results is included in Attachment 3.

Site Selection Criteria
Building on the foundation laid out in the Housing Element, the Project Team thoroughly examined available datasets to help inform the site selection criteria. To ensure an objective and data-driven selection process, a comprehensive set of proposed indicators was developed based on available datasets. For each indicator, a scoring methodology was developed based on a Concord-specific analysis and standard practice for determining housing suitability and likelihood for site redevelopment (Attachment 4).
6 A video recording of the virtual workshop can be viewed by accessing this link with the passcode “Bx7xMkQ%.” The presentation (including the boards) is available on the project web page (www.cityofconcord.org/AFFH).

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City Council Agenda Report
Agenda Item No. 4.a
June 11, 2024
Housing Site Suitability Indicators and Scoring Methodology The overall housing site suitability scores are driven by a number of indicators. The process to determine the indicators and scoring process was as follows:

1. Identify potential indicators and sources of data to support indicator development and inclusion into the methodology.

2. Select appropriate indicators and define the methodology to score (or assign a value) each parcel (e.g. parcel size, proximity to amenities, site and building conditions).

3. Assign a value to each parcel based on its cumulative score for each indicator.

4. Generate maps to visualize the results.

5. Assign weights to different categories to reflect community input and test different scenarios.

6. Summarize results by geographic area (e.g., TCAC, RCAA, neighborhood).

7. Adjust and rerun analysis as needed using local/staff knowledge of sites to ensure suitability.

Available Datasets and Sources
The selection of indicators requires consideration of both the type of information that will best represent site suitability and the availability and quality of the datasets for the Rezoning Project. Indicators should generally:
 Provide a data source relevant to the topic.
 Represent a common measure to determine the suitability for housing.  Be available for the entire study area and be complete, accurate, and current.

Attachment 5 lists the datasets used to develop the housing suitability indicators and scoring methodology, along with their respective sources, data year, and the completeness of the dataset.

Site Analysis and Selection
Once the selection criteria and methodologies were finalized and presented to City staff and community stakeholders, all sites within the study area were objectively evaluated.

Taking into account community feedback, each category was assigned different weights and tested. A map showing the preliminary analysis of the results of the site selection process is available to be viewed on the project’s website.7 7 https://www.cityofconcord.org/AFFH

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City Council Agenda Report
Agenda Item No. 4.a
June 11, 2024
City Council and Planning Commission Input
The Project Team is seeking feedback on the following:

1. The site selection criteria and methodology for selecting sites. Should there be any other criteria or weighting considered when determining site selection?

2. Any specific sites that should be included or excluded from the Rezoning Project.

3. Are there any other stakeholder groups that should be included as part the Project Team’s engagement for this project?
Next Steps
Following guidance from the Council and Planning Commission, sites identified as good candidates for rezoning will be grouped into a series of rezoning alternatives and analyzed for different development standards, housing types and yield, and transportation impacts. Rezoning alternatives will be brought back to the community and to Council and Planning Commission for discussion in summer 2024. Concurrently, the preparation of a residential financial feasibility analysis and fiscal impact analysis will be initiated.

Financial Impact
The Rezoning Project is being funded via the General Fund and General Plan Reimbursement Fund, through the Planning Division’s adopted budget and the Housing Element project, respectively. The work is occurring over two Fiscal Years (2023-24 and 2024-25).

Environmental Determination
Pursuant to the California Environmental Quality Act of 1970, Public Resources Code §21000, et seq., as amended and the implementing CEQA Guidelines, Title 14, Chapter 3 of the California Code or Regulations (CEQA), the recommended actions do not constitute a “project” within the meaning of Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c)(2) and/or 15378, because there is no potential that the action will result in a direct or reasonably foreseeable indirect or direct physical change in the environment.

Moreover, even if the recommended action did comprise a project for CEQA analysis, it would fall within the “common sense” exemption set forth in CEQA Guidelines Section 15061(b)(3), which excludes projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” No unusual circumstances exist. Accordingly, no further environmental review is required. This determination reflects the City’s independent judgment and analysis.

Furthermore, the General Plan and Zoning Amendments will be fully evaluated in an appropriate environmental document which will considered at the time of the project is considered.

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City Council Agenda Report
Agenda Item No. 4.a
June 11, 2024
Public Contact
The City Council Agenda was posted, and an e-blast was sent to the interested parties lists for this project and housing-related issues.

Attachments

1. Map of Study Area

2. Detailed Summary of Workshop

3. Summary of Survey Results

4. Proposed Indicators and Scoring Methodology

5. Housing Suitability Indicators and Scoring Methodology Datasets

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Detroit
Monument
Ygnacio
Valley
Diamond
Galindo
TreatOak Grove
Market
Clayton
Kirker
Pass
Port Chicago
Sunvalley
Meadow
Concord
Willow Pass
Cowell
City of
Pleas
ant Hill
City of
Walnut Creek
City of
Clayton
City of
Pittsburg
Mallard
Reservoir
0 1 20.5
Miles
Data Sources: City of Concord (2024), Esri (2024).

City Boundary
Sphere of Influence
County Islands
BART Yellow Line
Freeways
Project Boundary
City Parks
Context Parks and Open Space
Surrounding Cities
Water
North Concord/
Mar
tinez Station
Concord Station
Pleasant Hill/Contra
Costa Centr
e Station
Attachment 1

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Affirmatively Furthering Fair Housing Kickoff Meeting Notes | 1 ATTACHMENT 2
Concord's Aﬃrmatively Furthering Fair Housing
Rezoning Project
Community Workshop #1 Notes
May 20, 2024
Introduction and Overview
On Monday, April 22, 2024, and Thursday, April 25, 2024, the City of Concord hosted two introductory Community Workshops focusing on Assets, Opportunities, and Challenges for the Concord Affirmatively Furthering Fair Housing (AFFH) Rezoning Project (“Rezoning Project”). The purpose of the workshops was to provide background on the Rezoning Project and to gather community input on the principles to guide future development, housing opportunities and constraints, criteria to select suitable sites, and potential opportunity sites for new multi-family housing.

These are high-level workshop summary notes from the ﬁrst two workshops. Immediately below, the workshop format and participation are brieﬂy summarized. The next section summarizes the workshop results. The appendices include a consolidated summary of questions and answers received during the workshops and all the workshop boards.

Workshop Format and Participation
The in-person Community Workshop on Assets, Opportunities, and Challenges was held in person at Centre Concord from 6:00 to 8:00 pm. The workshop had approximately 30 attendees, excluding the consultant team and City staff. The virtual workshop, hosted on Zoom, was held on April 25, 2024, from 6:00 to 8:00 pm and had about 60 participants, excluding the consultant team and City staff. Both workshops provided Spanish translation and included a presentation and a period during which participants visited open-house stations or Miro boards in breakout rooms and completed the activities on each of the boards. A video recording of the virtual workshop can be viewed by accessing this link with the passcode “Bx7xMkQ%”. The presentation (including the boards) is available on the project webpage . The workshop questions were posted on the City website to provide residents with an extra opportunity to provide feedback. The survey was available in both English and Spanish for three weeks through May 24.

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2 Results
The open house stations and Zoom breakout rooms involved interactive poster/Miro board activities where participants were invited to provide their responses to each of the questions below.

1. What principles would you like to see guide future development that occurs within the study area?

2. What are some housing development opportunities and challenges to consider when developing housing in these areas? What other amenities may be needed to support housing in these neighborhoods?

3. The most important criteria to consider while selecting sites in the project area are…

4. Tell us if there are any speciﬁc locations within the project area that are suitable for new multi-family housing.

The following section summarizes what we heard for each question.

Q1: What principles would you like to see guide future development that occurs within the study area?
Participants were asked to share their thoughts on the most important principles and standards that should guide the process. In person, they shared their thoughts on sticky notes; virtually, a facilitator documented their feedback on a Miro board. In both scenarios, a group discussion was had on the topic. Some of the guiding principles are listed below.  Prioritize affordable housing.
 Uphold the principles and guidance of the General Plan and Housing Element.  Ensure adherence to relevant state laws and regulations.  Maintain clear and transparent engagement with the community throughout the project.  Consult impacted communities at various stages of the project.  Prioritize efforts towards desegregating areas.
 Increase housing options and promote upward mobility for all residents.  Focus on sustainable development practices.
 Maintain the diversity and character of existing neighborhoods.  Ensure smooth transitions between new developments and surrounding residential areas.  Balance residential units with amenities and retail services to meet demand.  Create walkable and pedestrian-friendly neighborhoods.  Track and coordinate with other cities to ensure equitable housing distribution.

Q2: What are some housing development opportunities and challenges to consider when developing housing in these areas? What other amenities may be needed to support housing in these neighborhoods?
Participants were asked to share their thoughts on opportunities and challenges of multifamily housing development within the study area, as well as amenities that may need to be added or supplemented to support increased populations. In-person, they shared their thoughts on sticky notes; virtually, a facilitator documented their feedback on a Miro board. In both scenarios, a group discussion was had on the topic.

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Affirmatively Furthering Fair Housing Kickoff Meeting Notes | 3 ATTACHMENT 2
Opportunities
 Redevelop underutilized commercial and low-density residential sites.  Create mixed-use developments combining residential and commercial spaces.  Provide housing options tailored for seniors, unhoused populations, and live/work units.  Incorporate EV charging stations and solar infrastructure into new developments.  Implement parking minimums to address parking needs effectively.

Challenges
 Address high construction costs related to materials, labor, and land.  Ensure new developments align with contextual development standards.  Improve transit access and quality to support residents' mobility.  Overcome funding challenges for affordable housing projects.  Address existing high traffic levels and related infrastructure needs.  Improve road quality, sidewalks, and pedestrian infrastructure.  Encourage developer interest in rezoned parcels and new projects.  Provide accurate and timely project information to stakeholders.

Additional Amenities
 Increase transit options and accessibility.
 Develop more open spaces, parks, and recreational areas.  Improve school facilities and educational resources.
 Provide amenities like daycare centers, libraries, supportive services, and youth programs.  Upgrade infrastructure to meet increased demands and improve overall quality of life in the neighborhoods.

Q3: The most important criteria to consider while selecting sites in the project area are… Participants were given an overview of the proposed criteria for project site selection and asked to select those that they viewed as the most important. In person, they were given sticky dots to place next to their preferred criteria; virtually, a facilitator documented their feedback on a Miro board. In both scenarios, a group discussion was had on the topic.

Some of the top-ranked criteria for site selection were:
 Transit Access and Frequency: Proximity to public transportation and frequency of service.  Vacant Buildings and Parcels: Opportunities for redevelopment on vacant properties.  Developer Interest: Interest and engagement from developers in the project area.  Pedestrian Access to Parks, Schools, and Grocery Stores: Accessibility to essential amenities and green spaces.
 Parcel Size: Suitability of the site based on its size and potential for development.  Environmental Hazards: Assessment of environmental hazards and mitigation strategies.  Opportunity Sites: Identiﬁcation of sites with potential for signiﬁcant positive impact.

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4 Q4: Tell us if there are any speciﬁc locations within the project area that are suitable for new multifamily housing.

Participants were asked to indicate sites they saw as suitable potential locations for future multifamily housing. In person, they were given pins to place on a large map of the study area.

Virtually, a facilitator documented their feedback on a Miro board. In both scenarios, a group discussion was had on the topic.
 K-Mart site
 CVS and Staples shopping center
 Centre Concord
 Intersection of Treat Blvd and Oak Grove Road
 Warehouses behind Trader Joe’s
Other Comments
 Include northern parts of the City in the study area.

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Affirmatively Furthering Fair Housing Kickoff Meeting Notes | 5 ATTACHMENT 2
Appendix A: Questions
Consolidated below is a summary of the questions and answers received during the workshops.

Can the City provide a breakdown of renters and owners by house type? According to the US census, within Concord, owner-occupied units make up 64% of the total units, and single-family homes make up 67% of the total number of units. The City collects its own rental data and shares information annually in a rent registry report. This report provides an overview of unit sizes/types and rent amounts.

With the redevelopment of the Naval Weapons Station property underway, which will have 12,000 new housing units, why is this AFFH project necessary, and why are the units planned for the Naval Weapons Station property not being included in the Housing Element or this project?
The City is mandated by the State of California to update its Housing Element every eight years – the current version covers the period of 2023 through 2031. The planned buildout of the Naval Weapons Station project is approximately 40 years, and we are still years away from breaking ground. In other words, the housing units planned for this site are beyond the timeframe of our current Housing Element and will not be captured until the City performs its mandated 2031 Housing Element update, at the earliest.

Is there a renter-owner split for the Regional Housing Needs Allocation? No, the allocation is not distributed by owner-occupied or rental housing units. The total housing need for each jurisdiction is distributed among income categories, requiring each jurisdiction to plan to meet the need for housing for households at all income levels.

Each jurisdiction’s projected housing need during the Housing Element planning period is determined through the Regional Housing Needs Allocation (RHNA) process, which is based on projected statewide growth in households as determined by the California Department of Housing and Community Development (HCD). Through the RHNA process, HCD distributes the statewide projected housing need among the regions in the State, where each regional council of government allocates the projected regional growth to local jurisdictions within the region.

How was the Study Area deﬁned? There are sites such as the Four Corners area that were not included in the study area that perhaps should be.

In order to remain in compliance with State regulations, the City must identify and rezone areas appropriate for medium and high residential densities, speciﬁcally in “moderate” and “high” resource areas of the City, as identiﬁed by the California Tax Credit Allocation Committee (CTCAC)/California Department of Housing and Community Development (HCD) Opportunity Areas Map. Members of the public may view the map to see the various resource areas, including the Four Corners area which is identiﬁed as a “low resource” and outside of the study area.

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6 Will the City be assessing the need for new infrastructure or capacity as a part of this project, and if any additional infrastructure or capacity is needed for construction to occur on the rezoned properties, who pays for those improvements?
Yes, through the site identiﬁcation and selection process the availability of infrastructure and capacity will be assessed. Where new infrastructure and or capacity is necessary, developers must cover the cost to serve their projects. In some cases, owners of the newly constructed properties pay for the new infrastructure over time through property assessments. Existing residents and property owners will not be subject to additional fees or charges associated with infrastructure improvements needed for new development.

How are the AFFH project goals being met if the City cannot mandate that affordable homes be developed to meet the AFFH goals?
The goal of this program is to create opportunities for higher density, more affordable homes to be built. This is being accomplished by rezoning parcels in higher resource neighborhoods that do not currently allow high density housing. Generally, the State has indicated that higher density housing provides more opportunities for affordable housing based on economies of scale and scoring criteria for available funding sources. The City does not construct housing units and is barred from mandating affordability levels on these rezoned parcels. Individual development projects will be private market-driven; however, the City does have an inclusionary housing ordinance that requires the inclusion of a minimum percentage of affordable housing units in all projects of ﬁve or more units.

How is a lower resource vs higher resource opportunity deﬁned? The TCAC/HCD Opportunity Areas Map identiﬁes the higher resource areas of the City. The characteristics of these areas have been shown by research to be associated with positive economic, educational, and health outcomes for low-income families— particularly long-term outcomes for children. The map was developed to inform efforts to advance the AFFH objective of increasing access to opportunity.

How long do you expect the Environmental Impact Report to take? Will there be an appeal period?
The Environmental Impact Report (“EIR)” is expected to begin this fall and last through the spring.

There will be a 60-day public comment period on the adequacy of the environmental analysis and the City will issue a response to any comments received during this public comment period. The rezoning, including the EIR, will be considered at a public hearing by both the Planning Commission and the City Council. Since the City Council is the ﬁnal decision-making body, there is no ability to appeal the decision.

Why is the City not more focused on building higher density housing near transit-oriented locations?
The City has been and continues to be focused on the development of transit-oriented development (TOD). While TOD development remains a priority, the City must also create opportunities for high-density housing in the higher resource areas of the City, to remain in compliance with State mandates, which is the purpose of this project. The higher resource areas of

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Affirmatively Furthering Fair Housing Kickoff Meeting Notes | 7 ATTACHMENT 2
the City are not located near the Downtown Concord BART station or North Concord BART station.

The AFFH project does have the opportunity to build higher-density housing near the Clayton Road bus corridor.

The project is targeting a total of 20 acres to be rezoned within the study area, but do all 20 acres need to be in one location, is there a minimum parcel size that can be rezoned, and how many housing units are targeted for these 20 acres?
The project will rezone approximately 20 total acres at various locations within or near the study area, not all in one location. Parcels that will be rezoned will be at least 0.5 acres or smaller if the lots can be reasonably consolidated to at least 0.5 acres, with a stronger preference for sites no larger than 10 acres. The project will rezone these parcels to have a density of at least 60 units per acre, with the total number of units targeted for the 20 rezoned acres at 1,000.

What is the dollar range of “affordable” housing?
HCD annually publishes tables of federal and State income limits. State statutory income limits are based on federal limits set and periodically updated by the U.S. Department of Housing and Urban Development (HUD) for its Section 8 Housing Choice Voucher Program. HCD’s State Income Limits reﬂect changes in median family income levels for different-sized households and income limits for extremely low-, very low-, and low-income households. The May 9, 2024 State income limits can be found here.

Are there any studies on before/after crime rates for these types of projects, or have there been studies of similar rezoning and its effects on the median home prices over 5, 7 & 10 years?
The City of Concord has not performed studies related to AFFH projects; however, various scholarly articles are available online, including the following:
 UCLA Lewis Center for Regional Policy Studies
 Massachusetts Institute of Technology
 Policies for Action
Does the City get credit for the multifamily units that were just built in Downtown toward the 1,000 units that are planned in this project? What is the occupancy rate of the newly constructed projects downtown?
No, the newly constructed units in Downtown do not count toward the 1,000 units identiﬁed in this project. Newly constructed units in all portions of the City will count toward the total number of units planned in the City’s Regional Housing Needs Allocation (RHNA); however, the AFFH project must facilitate a total of 1,000 units speciﬁcally through the rezoning of 20 acres within the Study Area.

The most recently completed housing projects in the downtown area are the Renaissance Square Phase II and The Grant. The Renaissance Phase II is a 180-unit apartment complex completed in 2020 that is 100% occupied. The Grant is a 228-unit apartment complex completed in 2023 that is 94% occupied.

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8 Is the rezoning going to happen no matter what, or do the residents of Concord have the ability to vote on the project?
The City must complete this project to comply with State regulations. That said, it is a public process, with many opportunities for the public to provide input in the process as well as to voice support or opposition to the actions being taken. The project webpage will be regularly updated to reﬂect upcoming meeting dates and opportunities for the public to participate. For additional information regarding the State’s AFFH mandate, please see this study by the Terner Centre for Housing Innovation at the University of California, Berkeley.

Has there been a study on how many people utilize the option for building ADUs on their properties in Concord?
No, the City has not performed any formal studies; however, in the past ﬁve years, the City has issued 191 building permits for ADUs, and 56 of those were issued in the past 12 months. Last year, the City unveiled its free, standardized ADU construction plans. These plans are pre-approved to facilitate a faster, lower-cost permitting process. Given that the plans are already approved, the only plan review required is a parcel-speciﬁc site plan. When a complete submittal is made, the review process takes only 5 days, with plan review fees assessed on an hourly basis for the amount of time to review the site plan.

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Affirmatively Furthering Fair Housing Kickoff Meeting Notes | 9 ATTACHMENT 2
Appendix B: Boards
In-Person Meeting Boards

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Affirmatively Furthering Fair Housing Kickoff Meeting Notes | 11 ATTACHMENT 2
Virtual Boards Breakout Room #1

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Affirmatively Furthering Fair Housing Kickoff Meeting Notes | 13 ATTACHMENT 2
Virtual Boards Breakout Room #2

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Affirmatively Furthering Fair Housing Kickoff Meeting Notes | 15 ATTACHMENT 2
Virtual Boards Breakout Room #3

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Affirmatively Furthering Fair Housing Kickoff Meeting Notes | 17 ATTACHMENT 2
Virtual Boards Breakout Room #4

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Affirmatively Furthering Fair Housing Kickoff Meeting Notes | 19 ATTACHMENT 2
Virtual Boards Breakout Room#5

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Affirmatively Furthering Fair Housing Kickoff Meeting Notes | 21 ATTACHMENT 2
Virtual Boards Breakout Room #6

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Attachment 3
Affirmatively Furthering Fair Housing Kickoff Meeting Notes | 1 Concord's Affirmatively Furthering Fair Housing
Rezoning Project
Survey #1 Notes
May 29, 2024
Introduction and Overview
This survey was designed to gather information on Assets, Opportunities, and Challenges for the Concord Affirmatively Furthering Fair Housing (AFFH) Rezoning Project (“Rezoning Project”). The purpose of the survey was to gather community input on principles guiding future development, housing opportunities and constraints, criteria to select suitable sites, and potential opportunity sites for new multi-family housing.

The survey was open to community members online from May 3, 2024 – May 24, 2024 in both English and Spanish. It was posted on the project webpage and promoted in the City’s e- newsletter. We received 362 responses in English and no responses in Spanish.

Results
Participants were asked several demographic questions during the survey. These questions are intended to help City staff determine whether survey respondents generally matched the profile of Concord and/or whether any groups were over- or under-represented. Key takeaways are summarized below:
 People aged 55 and above comprised 47% of respondents while youth aged under 25 accounted for 1.47% of respondents.
 More than 50% of survey respondents live in Clayton Valley, Ygnacio Valley, and Lime Ridge neighborhoods.
 Only about 27% of respondents work in Concord and about 28% work in another city in the Bay Area. About 19% of respondents work remotely.
 Homeowners made up 90% of the respondents, while renters comprised 6% of the responses. The survey results overrepresented homeowners (64.3% of the city population) compared to renters (35.7% of the city population).  48.8% of survey respondents identified as Non-Hispanic White or Caucasian (compared to the citywide average of 47.6%) followed by 10% who identified as Hispanic or Latino (compared to the citywide average of 31%). 26.49% of respondents preferred not to answer.

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2 The following section summarizes what we heard for each question.

Q1: What principles would you like to see guide future development that occurs within the study area?
The main takeaways are summarized below:
 Housing for families at all income levels.
 Minimal or no impact on existing housing neighborhoods.  Preserve and enhance open space and parks.
 Reduce traffic impacts through street improvements and better public transit.  Create walkable and pedestrian-friendly neighborhoods.  Maintain quality of life, safety, and privacy for existing residents.  Utilize shopping centers and other underutilized sites for multifamily infill.  Limit redevelopment of high-resource areas and maintain property values.

Q2: What are some housing development opportunities to consider when developing housing in these areas?
Nearly 67% of respondents preferred redeveloping underperforming or vacant retail centers.

Other responses included sustainable plans for energy and water use, creating spaces suitable for children, supporting successful businesses, and no redevelopment in existing single-family neighborhoods.
0% 10% 20% 30% 40% 50% 60% 70% 80% 90%100%
Creating neighborhoods with a mix of housing,
commercial, and public uses
Enhancing community amenities
Redeveloping underperforming or vacant retail
centers
Redeveloping surface parking lots
Creating housing for special needs populations
Creating affordable workforce housing
Providing opportunities for new families in the
neighborhood
Other (please specify)
Q3: What are some housing development challenges to consider when developing housing in these areas?

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Attachment 3
Affirmatively Furthering Fair Housing Kickoff Meeting Notes | 3 57% of respondents anticipated increased demand for infrastructure, while almost 40% expected an increase in transit services as a challenge to develop housing. The other concerns raised were about landscaping, unhoused populations, open spaces, and traffic congestion. 0% 10% 20% 30% 40% 50% 60% 70% 80% 90%100%
Managing high costs associated with housing
development
Establishing transitions to low-density residential
neighborhoods
Balancing commercial activities with new
residential developments
Anticipating increased demand for infrastructure
Needing additional transit services
Other (please specify)
Q4: What other amenities may be needed to support housing in these neighborhoods? Almost all amenities were identified by residents as needing improvement. Specifically, police services, water supply, fire, wastewater, parks, and transit services were the top areas of concern. Additional amenities included sidewalks, streetlights, road connections and conditions, libraries and recreation facilities, and local stores and restaurants. 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Public transit services
Parking options
Public parks
Dedicated bike lanes
Fire services
Police services
Water supply
Wastewater infrastructure
Schools
Other (please specify)
Q5: The most important criteria to consider while selecting sites in the project area are… (Please choose your top 5)

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4 Some of the top-ranked criteria for site selection were:
 Vacant Buildings and Parcels: Opportunities for redevelopment of vacant properties.  Existing Use and Allowed Use – prioritizing commercial properties that allow residential uses.
 Building Age – prioritizing sites with older buildings that need to be renovated.  Transit Access and Frequency: Proximity to public transportation and frequency of service.
 Grocery Store Access - prioritizing a short walk time to the nearest grocery store. 0% 10% 20% 30% 40% 50% 60% 70% 80% 90%100%
Parcel Size – prioritizing sites of optimal size for
multi-family development.

Existing Use and Allowed Use – prioritizing
commercial properties that allow residential uses.

Existing Housing Element Site – prioritizing sites
already approved by the California Department...

Vacant Building or Parcel – prioritizing sites
without buildings or with vacant buildings
Floor Area Ratio – prioritizing sites that have a
lower building area.

Building Age – prioritizing sites with older
buildings that need to be renovated.

Improvement to Land Value Ratio – prioritizing
sites with uses that have minimal impact on...

City Ownership – prioritizing City-owned parcels.

Potential for Consolidation – prioritizing
neighboring parcels that can be combined to...

Transit Access and Frequency – prioritizing a
short walk time to the nearest high-frequency...

School Access – prioritizing a short walk time to
the nearest public school.

Park Access – prioritizing a short walk time to the
nearest park.

Grocery Store Access - prioritizing a short walk
time to the nearest grocery store.

Flood Hazard – prioritizing sites outside of the
100- and 500-year flood plains.

Earthquake Fault Zone – prioritizing sites outside
of the fault zones.

Landslide Zone – prioritizing sites outside of the
landslide zones.

Developer Interest – prioritizing sites that have
garnered interest from local developers.

Site Configuration – prioritizing sites with
practical geometry for development.

Opportunity Sites – prioritizing sites
recommended by staff and community input.

Q6: Tell us if there are any specific locations within the project area that are suitable for new multifamily housing.

The key locations identified were:

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Attachment 3
Affirmatively Furthering Fair Housing Kickoff Meeting Notes | 5  K-Mart site (located at Clayton and Ayers)
 CVS and Staples shopping center (located at Clayton and Treat)  Toyota Pavilion (located on Kirker Pass)
 Intersection of Treat Blvd and Oak Grove Road
 Warehouses behind Trader Joe’s (located near Treat and Oak Grove)  TJ Maxx shopping center (located at Clayton and Bailey)  CSU East Bay campus site (located off of Ygnacio Valley) Other Comments
 Focus multifamily development near the BART station.
 Institute a vacancy tax.
 Use the land from the Naval Weapons Station for housing.

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Attachment 4: Proposed Indicators and Scoring Methodology

# Indicator Scoring Methodology
0 0.5 1
Land Use and Zoning
1 Parcel Size Less than or
equal to 0.35
acres
Between 0.35 and 0.55
acres
Greater than 0.55
acres
2 Existing Use and Allowed Use Residential use,
allows higher
density
Commercial use, does not
allow residential
Commercial use
allows residential
3 6th Cycle Housing Element Site Not included N/A Included Site and Building Conditions
4 Vacant Parcel Not vacant N/A Vacant
5 Floor Area Ratio Greater than 0.5
FAR
Between 0.2 and 0.5 FAR Less than 0.2 FAR
6 Building Age Built after 1990 Built between 1971 and 1989
Built before 1970
7 Improvement to Land Value Ratio >1 N/A <1
8 City Ownership Not City owned N/A Owned by City of Concord
9 Potential for Consolidation No consolidation N/A Can be consolidated
Walk Access to Amenities
10 Transit Access and Frequency >20 min Between 10‐20 min <10 min 11 School Access >20min Between 10‐20 min <10 min
12 Park Access >20min Between 10‐20 min <10 min
13 Grocery/SNAP Store Access >20min Between 10‐20 min <10 min Environmental Hazards
14 FEMA Flood Hazard Zone In 100‐yr flood
plain
500‐yr flood plain Not in flood plain
15 Alquist‐Priolo Earthquake Fault Zone In fault zone N/A Not in fault zone 16 Landslide Zone In landslide zone N/A Not in landslide zone
Other Factors
17 Opportunity Sites1 and/or Developer
Interest
Excluded N/A Included
Excluded from Analysis
Historic Properties Excluded from analysis
Single Family Residential Excluded from analysis
Condominiums Excluded from analysis
Site Configuration Excluded from analysis
Schools, Churches, and Open Space Excluded from analysis Liquefaction Excluded from analysis

1 Opportunity sites refer to parcels of land identified for potential development based on staff or community input.

These sites will be ranked more favorably due to their strategic location, development potential, community needs, and/or alignment with the City’s planning goals.

Page 37 of 96 ends

ATTACHMENT 5: Housing Sites Suitability Indicators and Scoring Methodology Datasets # Available Datasets Source Year Completeness
Land Use and Zoning
1 Parcel Size Contra Costa County
Tax Assessor
2024 Complete
2 General Plan Land Use City 2024 Complete
3 Zoning District City 2024 Complete
4 6th Cycle Housing Element Site City 2023 Complete
5 Existing Land Use Contra Costa County
Tax Assessor
2024 Only available for
select parcels
Existing Site and Building Conditions
6 Vacant Parcel Contra Costa County
Tax Assessor
2024 Only available for
select parcels
7 Floor Area Ratio (FAR) Contra Costa County
Tax Assessor
2024 Only available for
select parcels
8 Building Age Contra Costa County
Tax Assessor
2024 Only available for
select parcels
9 Improvement to Land Value Ratio Contra Costa County
Tax Assessor
2024 Only available for
select parcels
10 Property Ownership Contra Costa County
Tax Assessor
2024 Complete
11 Potential for Consolidation Contra Costa County
Tax Assessor
2024 Complete
Walk Access to Amenities
12 Transit Access Open Street Map 2024 Complete
13 School Access Open Street Map /
City
2024 Complete
14 Park Access Open Street Map /
City
2024 Complete
15 Grocery Store Access USDA Food and
Nutrition Service
2024 Complete
Environmental Hazards
16 FEMA Flood Hazard Zones FEMA National Flood
Hazard Data
2024 Complete
17 Alquist-Priolo Earthquake Fault
Zone
California Geological
Survey
2022 Complete
18 Liquefaction California Geological
Survey
2024 Complete
19 Landslide Area California Geological
Survey
Complete
Other Factors
20 Developer Interest City 2024 Complete

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From: Alex Werth <[email protected]>
Sent: Tuesday, June 11, 2024 10:40 AM
To: Birsan, Edi <[email protected]>; Obringer, Carlyn <[email protected]>; Aliano, Dominic <[email protected]>; Hoffmeister, Laura <[email protected]>; Nakamura, Laura <[email protected]>; Planning Commission Public Comments <[email protected]> Cc: City Clerk <[email protected]>; Ezell, Justin <[email protected]> Subject: Item 4a: Raise the Roof Letter on AFFH Rezoning Project Dear Members of the Concord City Council and Planning Commission, On behalf of the Raise the Roof Coalition, I'm writing to submit the attached letter about the City's work to date on the Affirmatively Furthering Fair Housing (AFFH) Rezoning Project. We applaud the inclusion of this program in Concord's Housing Element, the City's diligent work to realize this commitment, and the creation of a Study Area that effectively advances the moral and legal imperative to AFFH. However, we are concerned that the City's approach to community engagement and site scoring criteria have lost sight of the equity goals that are the prime reason for this project in the first place. We thus urge the City to:

1. include (a) location in a Racially Concentrated Area of Affluence (RCAA) and (b) the percentage of renters in a given Census Tract as site selection criteria and give these items extra weight in the scoring formula; and

2. work with community organizations who serve low-income people, immigrants, and renters to provide more culturally responsive opportunities for participation, including a targeted Spanish- language event.

Thank you for your work on this important issue and for your consideration of our comments.

Sincerely,
Alex Werth
Policy and Research Advisor
East Bay Alliance for a Sustainable Economy (EBASE)
Benched Correspondence
Agenda Item No. 4.a
June 11, 2024

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June 11, 2024
T o: Edi Birsan, Mayor Jason Laub, Planning Commissioner Carlyn Obringer, Vice Mayor Raymond Barbour, Planning Commissioner Dominic Aliano, Councilmember Ajit Kaushal, Planning Commissioner Laura Hoffmeister, Councilmember Aeysha Corio, Planning Commissioner Laura Nakamura, Councilmember Craig Mizutani, Planning Commissioner Dear Members of Concord City Council and Planning Commission, The members of the Raise the Roof Coalition (RTR) are grateful to see Concord moving forward with the Affirmatively Furthering Fair Housing (AFFH) Rezoning Project, which we advocated for during the 6th Cycle Housing Element Update (HEU) process. RTR is a coalition of tenant, faith, labor, and community organizations who are working to bring good jobs, immigrant protections, and affordable housing to our city. We believe that Concord should be a home for all, no matter your background, and feel that–beyond the legal requirement to AFFH–this Rezoning Project is necessary for Concord to live in alignment with its values as a city where all families come first.

Indeed, all of our families deserve the opportunity to live in safe, decent, and affordable housing with access to high quality and culturally responsive parks, schools, and retail.

But sadly, like most American cities, Concord was not designed with this sort of fairness in mind.

Rather, the city was built to concentrate those resources in single-family neighborhoods in the southern and eastern portions of Concord–areas that are disproportionately wealthy and White due to enduring disparities in access to homeownership. According to Concord’s 6th Cycle Housing Element, White families are almost twice as likely as Black and Latinx families to own their homes as a result of historical and ongoing inequities in job, housing, and credit markets. 1 Thankfully, Concord recognized that this built-in inequality was supported by the City’s zoning policies and–as required by State law–created HEU Program 8.6 in order to begin to remedy this situation by finding suitable sites in exclusionary neighborhoods to rezone for multifamily and affordable housing.
1 Association of Bay Area Governments (ABAG)/Metropolitan Transportation Commission (MTC). April 2021. Housing Needs Data Report: Concord, p. 27.
1

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Moving from this initial commitment to eventual site selection will involve a multi-step process of refinement; it starts with a broad area and ends with a group of sites that amount to 20 acres of land. In terms of the first step in this process–the definition of the Study Area–we feel that the City has successfully centered the AFFH goals that are the primary reason for this Rezoning Project. By creating a Study Area that is based upon data on Racially Concentrated Areas of Affluence (RCAAs) and neighborhood resources, the City has focused the Rezoning Project on the most exclusionary areas of Concord. When compared to the data provided by the Bay Area Equity Atlas, which measures the segregation of local Census Tracts in terms of race, income, and tenure, the City’s Study Area encompasses eight of the top ten most segregated parts of the city, including all of the top seven. 2 In other words, using this Study Area as the first “filter” supports AFFH by concentrating the decision-making process on those areas that exhibit the starkest racial and economic inequalities.

While we applaud the creation of this Study Area, we feel that the City needs to carry this focus on equity into every subsequent part of the Rezoning Project. Unfortunately, it has missed the mark with regard to (a) the selection of site scoring criteria and (b) community engagement.

According to Attachment 4, the City is considering using 17 site selection criteria. But none of them serve as a measure of equity. Instead, all of the criteria are focused on issues like land use, location, and property values. While these criteria are important measures of development potential, they are completely silent on the AFFH mandate, which is the moral and legal impetus for this Project in the first place. Centering development considerations at the expense of equity considerations represents a failure to carry the “filter” of AFFH through each step in the process of refinement mentioned above.

This is especially problematic because some of the development considerations–e.g., Allowed Use (#2) and Floor Area Ratio (#5)–are determined by the current zoning framework, which this rezoning process is meant to remedy. Why bake these considerations, which are part of the original problem, into the decision-making process while excluding factors that actually move us towards more inclusion? As a solution, we urge the City to include (a) location in an RCAA and (b) the percentage of renters in a given Census Tract as selection criteria and to give these items extra weight in the scoring formula to reflect the fact that AFFH is the driving reason–and the ultimate measure of success–for this Project. Note: Both of these metrics are based upon objective data sources that are available for all parcels within the Study Area, meaning that they meet the City’s definition of “suitable” data sources in the agenda report. 3 The second issue we want to raise is the unrepresentative nature of the community survey.

Attachment 3 reveals multiple ways in which the survey responses were skewed toward the 3 A map of RCAAs is available from the California Department of Housing and Community Development’s AFFH Data Viewer. Data on the percentage of renter households in any given Census Tract is available from the U.S. Census Bureau.
2 Bay Area Equity Atlas. 2022. “Mapping Racial and Economic Segregation in Concord.” 2Page 41 of 96
communities who have benefited the most from the existing housing system and away from those who stand to benefit from fair housing measures:
● There were 362 responses in English and 0 in Spanish. ● Only 10% of respondents identified as Hispanic or Latino (as compared to 31% of the population).
● 47% of respondents were 55 and older (as compared to 32% of the population) and 1% were under 25 (as compared to 26% percent of the population). 4 ● 90% of respondents were homeowners (as compared to 64.3% of households) and 6% were renters (as compared to 35.7% of households).
● “More than 50%” of respondents were residents of the neighborhoods that comprise the Study Area (as compared to 41% of the population). 5 Note: The actual percentage was not disclosed, and thus may be even higher. In addition, no information was given on the percentage of respondents who live in other parts of the city, in particular the Monument Community.

In sum, the data collected from the survey represents the disproportionate input of older White homeowners who live in exclusionary neighborhoods. Conversely, it excludes the perspectives of lower-income tenants of color, who have been the historic targets and victims of segregation in Concord. Moreover, the often extreme gaps in participation (e.g., 0 Spanish surveys) points to a systemic failure of proactive outreach and community engagement on the part of the City. The upshot is that the perspective captured in Attachment 3 remains silent, yet again, on AFFH and other equity considerations, while centering exclusionary attitudes. For instance, the responses to Question 1, which addresses the “principles” that respondents think should guide rezoning in the Study Area, include typically anti-development and potentially biased statements such as:
● Limit redevelopment of high-resource areas and maintain property values. ● Maintain quality of life, safety, and privacy for existing residents. ● Minimal or no impact on existing housing neighborhoods.

And in Question 4, 65% of respondents said that increasing multifamily and affordable housing in the southern and eastern parts of Concord would require more “police services,” a view that reveals prejudiced assumptions about the relationship between renters and crime. Indeed, this was the most common response.

We were further dismayed to see that the staff report does not include a summary of feedback from the focus groups where community-based organizations were asked to share information on the opinions, experiences, and needs of renters and Spanish-speaking community members, 5 This population estimate is drawn from the U.S. Census Bureau’s 2020 population count for the Census Tracts that are largely or wholly contained within the bounds of the Study Area. It is not possible to provide an exact count.
4 The figures on the percent of the population by age are drawn from the U.S. Census Bureau’s American Communities Survey (ACS) 2022 1-Year Estimates for the City of Concord. 3Page 42 of 96
whose voices are not proportionally represented in the survey. We are unclear why the City held those conversations if the results would be excluded from the next stage of the decision-making process? To remedy this problem, we urge the City to work with community organizations who work with low-income people, immigrants, and renters to provide more culturally responsive opportunities for participation, including a targeted Spanish-language event.

We trust that the City Council, Planning Commission, and staff value a diverse and inclusive Concord where all families have equal opportunity and can access quality, affordable housing throughout the city. But the facts are incontrovertible: racial and economic exclusion remain a problem in our community, and one that the California Housing and Community Development Department has asked us to address through this AFFH rezoning process. So, we must act with great care and intentionality every step of the way so as not to replicate this historic and ongoing injustice. It is in this spirit that we applaud the creation of the Study Area, but also ask that you expand the site scoring criteria to include equity and meaningfully engage low-income residents, immigrants, and renters in this process. If we only listen to the people who have benefited from the unfair status quo, however unconsciously, then we will not make meaningful progress towards our shared values of making Concord a city where all families have equal opportunities to thrive and belong.

Sincerely,
Alex Werth
Policy and Research Advisor
East Bay Alliance for a Sustainable Economy (EBASE)
Sent on behalf of the Raise the Roof Coalition
4Page 43 of 96
From: Courtney Pal <[email protected]>
Sent: Tuesday, June 11, 2024 12:43 PM
To: City Clerk <[email protected]>; Planning Commission Public Comments <[email protected]>
Subject: RCD Comments on AFFH Rezoning
Good afternoon,
Please see attached for a letter from Resources for Community Development expressing our support for Concord’s AFFH Rezoning Project and providing technical feedback to help refine the site selection criteria. I would appreciate it if you could share this letter with the City Council and Planning Commission before their joint meeting tonight.

Sincerely,
Courtney
Courtney Pal | she/her/hers | Policy Manager
Resources for Community Development
2220 Oxford Street | Berkeley, CA 94704
RCDHOUSING.ORG | 510 841 4410 x334#

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June 11, 2024

The Honorable Edi Birsan, Mayor of Concord
City of Concord City Councilmembers
City of Concord Planning Commission
1950 Parkside Drive
Concord, CA 94519

Delivered via electronic mail

Re: Affirmatively Furthering Fair Housing (AFFH) Rezoning Project

Dear Mayor Birsan and City Council Members:

On behalf of Resources for Community Development (RCD), I am writing to express our support for Concord’s AFFH Rezoning Project and provide technical feedback to help refine the site selection criteria.

RCD is a non-profit organization dedicated to creating and preserving affordable homes for people with the fewest options. Over the last forty years, we have developed over 2,600 affordable rental homes across the Bay Area. Within Concord, we currently provide 235 homes affordable to low-income individuals and families, with another 62-unit development scheduled to open its doors next year.

We fully support the City of Concord’s efforts to rezone select properties in higher resource neighborhoods to allow multi-family development. This effort will diversify the housing choices available for all Concord residents, and particularly residents of color. Additionally, by removing a key barrier to affordable housing development within higher resource neighborhoods, this project has the potential to increase access to opportunity for low-income families.

With these shared goals in mind, we would like to offer technical feedback on the site selection criteria and preliminary sites map. First, regarding the list of sites excluded from the analysis:

• All existing residential properties, including multi-family rental apartments, should be excluded from the analysis. Currently, the presence of existing multifamily apartments on a site is considered as a point scoring factor, but existing single-family homes and condominiums are excluded from analysis. New residential development should not displace existing residents, regardless of what type of home those residents live in. We also note that one of the criteria for rezoned sites within Housing Element Program 8.6 is that sites have, “low potential for displacement of lower-income households.” Existing residential apartment complexes must be exempted from the analysis to meet this criterion.

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• Churches and other religious facilities should be included in the analysis. Religious facilities often have excess land that can be parceled off and utilized for housing development. A recent state law, SB 4, recognizes this synergy and allows by-right affordable housing development at up to 30 DU/AC on land owned by faith communities. This is below the density at which we typically build. Raising the density at a religious facility site to 60 DU/AC as part of the AFFH Rezoning Project could therefore help unlock additional partnerships between faith communities and housing developers.

Regarding the proposed indicators and scoring methodology:

• While lot consolidation is often necessary for smaller parcels, it also complicates land acquisition because you are often dealing with multiple landowners with their own timelines and sale requirements. We would recommend that the point scoring is revised to reflect that the most ideal parcels are large enough to not require consolidation, by shifting “potential for consolidation” to 0.5 points and adding “no consolidation necessary” as one point.

• Parcels with existing gasoline service stations or other noxious land uses, such as dry cleaners, should receive a point reduction. These sites are challenging to redevelop because of environmental remediation requirements, and many seem to be scoring well under the current site selection system.

• We would like to better understand the “Transit Access and Frequency” scoring factor. Does the length of time provided refer to the time to walk to a transit station, or the walking time plus the frequency of the transit? We would suggest one point scoring factor for the distance to the transit stop, and a second point scoring factor based on the quality of the transit.

Finally, we would like to emphasize that the sites selected for rezoning must be primarily located within areas designated as “High” or “Highest” Resource Areas on the TCAC/HCD Opportunity Map, and Racially Concentrated Areas of Affluence (RCAAs). Many of the sites analyzed are located within a “Low” Resource Area designation. While these sites may be good candidates for multifamily development, they do not address the goal of the AFFH Rezoning Project.

Furthermore, state funding programs for affordable housing development incentivize development within “High” and “Highest” Resource Areas. Parcels located adjacent to these tracts, or within “Moderate” Resource Areas, will not see the same interest from affordable housing developers as those in “High” and “Highest” Resource tracts. We look forward to reviewing a final list of selected sites that prioritizes rezonings in RCAAs with high opportunity.

Thank you for your work on this important project, and your consideration of our comments.

Sincerely,

Courtney Pal

Policy Manager, Resources for Community Development

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From: Judith Herman <[email protected]>
Sent: Tuesday, June 11, 2024 2:14 PM
To: City Clerk <[email protected]>
Subject: Council meeting item 4a
City Council,
Rezoning is being undertaken by the council to meet the goals of the Housing Element to increase available housing and to improve equal access to good schools, parks and jobs that are concentrated in areas of racial and economic inequity. These areas were the focus of the Council’s study area. Consequently, areas of diversity were not part of the study. Only 10% of survey respondents were people of color. But 31% of city residents are people of color. The survey was made up primarily of older, white home owners, leaving renters, young people and people of color under represented. All concordians need to be included in the conversation. Where we are going to place affordable high density housing is a question that impacts the whole city.

I encourage the Council to consider a broader more inclusive conversation to assure more equitable housing.

Judith Herman, Ph.D.

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From: Megan Nguyen <[email protected]>
Sent: Tuesday, June 11, 2024 2:55 PM
To: City Clerk <[email protected]>; Birsan, Edi <[email protected]>; Hoffmeister, Laura <[email protected]>; Obringer, Carlyn <[email protected]>; Aliano, Dominic <[email protected]>; Nakamura, Laura <[email protected]>; Planning Commission Public Comments <[email protected]>
Cc: Davina Srioudom <[email protected]>
Subject: EBHO Comments on Item 4a (6/11)
Dear Concord City Council and Planning Commission,
I am attaching a comment letter on behalf of East Bay Housing Organizations (EBHO) regarding the City's AFFH Rezoning Process. Thank you for considering our comments, we look forward to continuing to engage in this important process.

Sincerely,
Megan Nguyen
--
Megan Nguyen
Policy Manager

EAST BAY HOUSING ORGANIZATIONS (EBHO)
[email protected]
8337-(510) 213
she/her/hers
Celebrating 40 years of housing justice advocacy!

Page 48 of 96 ends

June 11, 2024

Edi Birsan, Mayor

Jason Laub, Planning Commissioner
Carlyn Obringer, Vice Mayor
Dominic Aliano, Councilmember
Laura Hoffmeister, Councilmember
Laura Nakamura, Councilmember
Raymond Barbour, Planning Commissioner
Ajit Kaushal, Planning Commissioner
Aeysha Corio, Planning Commissioner
Craig Mizutani, Planning Commissioner

Re: Concord AFFH Rezoning Project + Initial Stakeholder Feedback Dear Concord City Councilmembers and Planning Commission, Thank you for the opportunity to comment on Concord’s Affirmatively Furthering Fair Housing (AFFH) Rezoning Project. On behalf of East Bay Housing Organizations (EBHO), we write to express our support that the City of Concord is moving forward with the AFFH Rezoning Project and look forward to continuing to engage with the City to ensure that Concord is a place where all individuals and families can access safe, stable and affordable housing.

EBHO is a nonprofit, membership-based organization working to produce, preserve, and protect affordable housing opportunities for low-income communities across Contra Costa and Alameda Counties. Many of our 400+ individual and organizational members live, work, or provide affordable homes in Concord, and we have been glad to work with the City and community stakeholders to advocate for affordable housing through the Naval Weapons Station Reuse Plan, the Housing Element, and the Downtown Specific Plan.

EBHO supports the City of Concord’s efforts to rezone select properties in higher-resource neighborhoods to allow for multi-family development, as committed in the City’s Housing Element through Program 8.6. If led with equity and redressing patterns of segregation and displacement throughout all stages of the Rezoning progress, the rezoning will diversify the housing available for all Concord residents, particularly renters of color. The process will also remove a significant barrier to developing affordable housing within higher-resource neighborhoods, increasing access to housing opportunities for lower-income residents and families in Concord. We offer our comments to work towards a shared vision of making Concord a City with equal opportunities for all to live and thrive.

Like many other jurisdictions, Concord has historically been racially and economically segregated by policies built to concentrate resources in signal family neighborhoods throughout the City, disproportionately White and affluent neighborhoods. The City’s existing zoning supports these patterns of segregation and inequality, and Program 8.6 is an initial step to finding suitable sites in more exclusionary neighborhoods to rezone for multifamily and affordable housing. As our partners in the Raise the Roof (RTR) note, we applaud the City for identifying a Study Area that appropriately

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reflects the AFFH goals that the Rezoning Project is centered on, by looking at specific areas in the City that have the largest racial and economic inequalities.

However, we have some concerns and offer feedback with the current site selection criteria, preliminary sites, and community engagement process.

As detailed in Attachment 4, we are concerned that the current analysis considers rezoning of existing residential complexes to a higher density, while excluding single-family homes and condominiums from the rezoning analysis. This not only stands counter to mandated AFFH requirements but also in misalignment with the City’s intention and obligation through Program 8.6 to protect existing residents, particularly low-income tenants, from displacement. We urge the criteria to be revised to include single-family homes and condos and exclude the existing multifamily rental apartments from the analysis. Additionally, we agree with RTR’s comments that the existing 17 criteria for site selection fall short in effectively measuring equity, and echo calls for the City to amend the criteria to add two selection criteria with additional weight including 1) any site that is located in a Racially Concentrated Area of Affluence (RCAA), and 2) the % of renters in a Census Tract.

Regarding the preliminary sites identified, many of the current sites are located in “Low” or “Moderate” Resource Areas on the CTCAC/HCD Opportunity Area Maps. We emphasize that the selected sites for rezoning must be primarily located within “High” or “Highest” Resource Areas and RCAAs. It is very concerning and counterproductive for the City to avoid substantial rezoning in the more exclusionary and wealthier neighborhoods, such as Clayton Valley, Lime Ridge, and North Concord. This also does not incentivize affordable housing developers, who only receive scoring advantages for project applications in High/Highest Resource Areas.

Furthermore, in addition to the rezoning process, which is a critical first step, we urge the City to ensure there is clarity in its current processes that will realistically support and incentivize affordable housing development for nonprofit developers. It is essential to analyze the likelihood that the sites will develop with the predicted affordability and densities, particularly considering the funding and local resources necessary for multi-family projects and the reality that Concord lacks much local funding that makes it nearly impossible for 100% affordable projects to be competitive for regional, state and federal funding.

Lastly, the City should work closely with community-based organizations to host more culturally responsive virtual and in-person events and diverse avenues for participation in this rezoning process.

As noted in the staff report, the survey largely overrepresented homeowners, who were 90% of the survey respondents, compared to renters, who are nearly 36% of the City population and reflect a mere 6% of the survey respondents. The City has a lot more to do to engage renters, Spanish-speaking residents, and other residents and is responsible for ensuring their voices are captured and included in this process, particularly as they are the community members who have long been affected by segregation and exclusion.

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We look forward to staying engaged in this important process and collaborating with the City to achieve our shared vision of a more inclusive and equitable Concord. Thank you for your work thus far and consideration of our comments.

Sincerely,
Megan Nguyen
Policy Manager
East Bay Housing Organizations (EBHO)

Davina Srioudom
Suburban Organizer
East Bay Housing Organizations (EBHO)

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CITY OF CONCORD MEMORANDUM
Office of the City Manager

Date: June 11, 2024

TO: City Council

FROM: Justin Ezell, Assistant City Manager

SUBJECT: Agenda Item 4.a

Participants in the Affirmatively Furthering Fair Housing Project community workshops and online community survey were asked to indicate sites they saw as suitable potential locations for future multifamily housing; this memorandum summarizes the sites identified by the community and listed in Attachments 2 and 3 of the staff report.

Community Workshops Held on April 22, 2024, and April 25, 2024

Key locations identified:

• K-Mart site (located at Clayton and Ayers)
• CVS and Staples shopping center (located at Clayton and Treat) • Centre Concord/Clayton Faire
• Intersection of Treat Blvd and Oak Grove Road
• Warehouses behind Trader Joe’s (located near Treat and Oak Grove) • Intersection of Cowell Road and Babel Lane
• TJ Maxx shopping center
• Dianda Plaza
• Safeway shopping center (Denkinger Road and Clayton Road) • CSU East Bay campus site (located off of Ygnacio Valley) • Intersection of Kirker Pass Road and Myrtle Drive
• Vacant property on Concord Boulevard, just northeast of Crossroad Community Church

Other Comments:
• Include northern parts of the City in the study area

Benched Correspondence Received
After 3:00 p.m. on June 11, 2024
Agenda Item No. 4.a
June 11, 2024

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Online Community Survey from May 3, 2024 – May 24, 2024

Key locations identified:

• K-Mart site (located at Clayton and Ayers)
• CVS and Staples shopping center (located at Clayton and Treat) • Toyota Pavilion (located on Kirker Pass)
• Intersection of Treat Blvd and Oak Grove Road
• Warehouses behind Trader Joe’s (located near Treat and Oak Grove) • TJ Maxx shopping center (located at Clayton and Bailey) • CSU East Bay campus site (located off of Ygnacio Valley)

Other Comments:
• Focus multifamily development near the BART station
• Institute a vacancy tax
• Use the land from the Naval Weapons Station for housing

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City of Concord Rezoning Project | 1
Affirmatively Furthering Fair
Housing Rezoning Project
El Proyecto de Rezonificación
Promoviendo Afirmativamente la Vivienda Justa
City Council Study Session
Sesion de Estudio del Ayuntamiento
June 11, 2024
11 de junio de 2024

Page 54 of 96 ends

City of Concord Rezoning Project | 2
• Provide background on the Rezoning Project
Proporcionar antecedentes sobre el Proyecto de Rezonificación • Share what we heard so far about:

Comparta lo que hemos oído hasta ahora sobre:
• Principles to guide future development
Principios para guiar el desarrollo futuro
• Criteria to select suitable housing locations
Criterios para seleccionar ubicaciones de vivienda adecuadas • Potential opportunity sites for new housing
Sitios de oportunidad potenciales para viviendas nuevas • Discuss draft site scoring methodology and potential
rezoning sites
Discutir el borrador de la metodología de calificación de sitios y los posibles sitios de rezonificación
Meeting Objectives
Objectivos del Reunion

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City of Concord Rezoning Project | 3
Project Background
Fondo del Proyecto

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City of Concord Rezoning Project | 4
City of Concord Housing Element (2023-2031)
El Elemento de Vivienda de la Ciudad de Concord (2023-2031) Required Element
of the General Plan
Elemento Requerido del
Plan General
Plan for Regional
Housing Needs
Allocation (RHNA)
Plan de Asignación de
Necesidades de Vivienda
Regional (RHNA)
Must be updated
every 8 years and
certified by HCD
Debe actualizarse cada 8
años y estar certificado
por HCD
Submit annual
progress reports to
HCD every year
Presentar informes de
progreso anuales al HCD
cada año
Adopted by City
Council in August
2023
Adoptado por el
Ayuntamiento en agosto
de 2023
Certified by California
Department of Housing and
Community Development (HCD)
in October 2023
Certificado por el Departamento de
Vivienda y Desarrollo Comunitario de
California (HCD) en octubre de 2023

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City of Concord Rezoning Project | 5
Housing Element Program 8 Fair Housing
Elemento de Vivienda Programa 8 Vivienda Justa
The program requires the City to:

La programa requiere que la Ciudad:

Analyze impediments to fair housing
Analizar impedimentos a la vivienda justa
Contract with service providers for fair housing education and outreach Contrato con proveedores de servicios para educación y extensión sobre vivienda justa Seek new funding for housing programs
Buscar nueva financiación para vivienda
Increase housing opportunity in higher-resource neighborhoods to serve the housing needs of all segments of the community
Aumentar las oportunidades de vivienda en vecindarios de mayores recursos para atender las necesidades de vivienda de todos los segmentos de la comunidad Support the formation of Community Land Trusts
Apoyar la formación de Fideicomisos de Tierras Comunitarias

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City of Concord Rezoning Project | 6
• City of Concord’s Regional Housing Needs
Allocation (RHNA) = 5,073 units
Asignación de Necesidades de Vivienda Regional (RHNA) de la Ciudad de Concord = 5,073 unidades
• 5% of the units located within higher resource
areas
5% de las unidades ubicadas dentro de áreas de mayores
recursos
Housing Element Sites Inventory
Inventario de Sitios del Elemento de Vivienda
RHNA Units
Unidades
Total 5,073
Low Income / Bajos Ingresos 2,036
Moderate and Above-moderate /
Moderado y Por Encima de Moderado
3,037

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City of Concord Rezoning Project | 7
Objective 8.6
Objectivo 8.6
Rezone sites to increase multi-family
residential options in moderate- and high-
resource areas as shown in the most recent
CTCAC/HCD Opportunity Maps
Criteria:
• Located within the Project Study Area that
was developed using the CTCAC/HCD
Opportunity Maps
• At least 20 acres (in total)
• Maximum density of at least 60 dwelling units
per acre
• 1,000 total units
• Strong development potential with access to
infrastructure
• Low potential for displacement of lower-
income households
Rezonificar sitios para aumentar las opciones
residenciales multifamiliares en áreas de
recursos moderados y altos, como se muestra
en los mapas de oportunidades de CTCAC/HCD
más recientes
Criterios:
• Ubicado dentro del Área de Estudio del
Proyecto que se desarrolló utilizando los
Mapas de Oportunidades de CTCAC/HCD
• Al menos 20 acres (en total)
• Densidad máxima de al menos 60 unidades
de vivienda por acre
• 1.000 unidades totales
• Fuerte potencial de desarrollo con acceso a
infraestructura.
• Bajo potencial de desplazamiento de
hogares de bajos ingresos

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City of Concord Rezoning Project | 8
Study Area Development
Desarrollo del Área de Estudio
California Tax Credit Allocation
Committee (TCAC)
Opportunity Areas

El Comité de Asignación de
Crédito Fiscal de
California (TCAC)
Áreas de Oportunidades
Racially Concentrated
Areas of Affluence
RCAAs
Áreas de Concentración
Racial de Afluencia
RCAAs

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City of Concord Rezoning Project | 9
Project Phases
Fases del Proyecto
Where we are in the process / Donde estamos en el proceso

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City of Concord Rezoning Project | 10
Rezoning Area
Área de Rezonificación
Total Area = ~6,900 acres
35% of city
Área total = ~6,900 acres
35% de la CiudadStudy Area
Total Area = ~20 acres

0.3% of study area
Área total = ~20 acres

0.3% del área de estudio
Citywide Area Total Area = ~19,600 acres
Área total = ~19,600 acres

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City of Concord Rezoning Project | 11
Examples of the Potential Densities
Ejemplos de Densidades Potenciales
Renaissance Square Phase II
Concord, CA
Density: 65 du/ac
Densidad: 65 du/ac
Height: 4-5 stories
Altura: 4-5 pisos
100 First Street
Los Altos, CA
Density: 50 du/ac
Densidad: 50 du/ac
Height: 3 stories
Altura: 3 pisos
Mabuhay Court
Santa Clara, CA
Density: 55 du/ac
Densidad: 55 du/ac
Height: 4 stories
Altura: 4 pisos

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City of Concord Rezoning Project | 12
Community Engagement: Phase 1
Participación Comunitaria: Fase 1

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City of Concord Rezoning Project | 13
• Project webpage / Sitio web del proyecto
• https://www.cityofconcord.org/AFFH
• Community Workshops / Talleres Comunitario
• At the Centre Concord on April 22, 2024 /
En la Centre Concord en 22 de abril de 2024
• Virtual on April 25, 2024 / Virtual en 25 de abril de 2024 • Stakeholder Meetings / Reuniónes de Partes Interesadas • 5 meetings / 5 reuniónes
• 21 participants from 17 groups /21 participantes de 17 grupos
• Community Survey / Encuesta Comunitaria
• Open May 5 to May 24 / Abieto 5 de mayo hasta 24 de mayo • 362 participants / participantes
Community Engagement Activities
Actividades de Participación Comunitaria

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City of Concord Rezoning Project | 14
Consistency / Consistencia
• Uphold guidance of General Plan and Housing Element
Mantener la guía del Plan General y el Elemento de Vivienda • Adhere to State laws and regulations
Adherirse a las leyes y regulaciones estatales
• Prioritize desegregation (fair housing) and upward
mobility
Priorizar la desegregación (vivienda justa) y la movilidad ascendente Engagement / Participación
• Engage clearly and transparently
Participar de forma clara y transparente
• Consult impacted communities
Consultar comunidades impactadas
Outcomes / Resultados
• Prioritize affordable housing
Priorizar la vivienda asequible
• Focus on sustainable development
Centrarse en el desarrollo sostenible
• Balance new units with amenities to meet demand
Equilibre las nuevas unidades con comodidades para satisfacer la demanda • Promote walkability and pedestrian friendliness
Promover la caminabilidad y la amistad con los peatones Principles to Guide the Process
Principios para Guiar el Proceso

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City of Concord Rezoning Project | 15
• Reciclaje de sitios vacantes y
subutilizados, por ejemplo, Kmart
• Combinando espacios residenciales y
comerciales, p.e. uso mixto
• Proporcionar opciones de vivienda para
personas mayores, poblaciones sin
vivienda y otros grupos minoritarios
• Incorporación de vehículos eléctricos y
solares en nuevos desarrollos
• Implementación de mínimos de
estacionamiento
New Multi-Family Housing
Nueva Vivienda Multifamiliar
Opportunities Oportunidades
• Recycling vacant and underutilized sites,
e.g., Kmart
• Combining residential and commercial
spaces, e.g. mixed use
• Providing housing options for seniors,
unhoused populations, and other
minority groups
• Incorporating EV and solar into new
developments
• Implementing parking minimums

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City of Concord Rezoning Project | 16
• Garnering developer interest
• High construction costs and funding
challenges
• Contextual development, preserving
neighborhood character
• Sufficient access to transit and other
amenities
• High traffic levels and infrastructure
constraints
• Quality of existing roads and sidewalks
New Multi-Family Housing
Nueva Vivienda Multifamiliar
Challenges Desafíos
• Obteniendo el interés de los
desarrolladores
• Altos costos de construcción y desafíos de
financiación
• Desarrollo contextual, preservando el
carácter del vecindario
• Acceso suficiente al transporte público y
otros servicios
• Altos niveles de tráfico y limitaciones de
infraestructura
• Calidad de las calles y aceras existentes

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City of Concord Rezoning Project | 17
• Transit access and frequency / Acceso y
frecuencia del tránsito
• Walk access to parks, schools, and grocery
stores / Acceso a pie a parques, escuelas y
supermercados
• Building and parcel vacancy / Edificio y
parcela vacante
• Developer interest / Interés del desarrollador
• Opportunity sites / Sitios de oportunidad
• Parcel size / Tamaño de parcela
• Environmental hazards / Peligros ambientales
Important Indicators to Selecting Sites
Indicadores Importantes para Seleccionar Sitios

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City of Concord Rezoning Project | 18
• Kmart Site
• CVS and Staples Shopping Center
• Clayton Faire
• Intersection of Treat Blvd and Oak
Grove Rd
• Warehouses behind Trader Joe’s
Potential Sites Identified
Sitios Potenciales Identificados

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City of Concord Rezoning Project | 19
Draft Site Scoring Methodology
Borrador de la Metodología de Puntuación del Sitio

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City of Concord Rezoning Project | 20
Adjust and rerun analysis
Ajustar y repetir el análisis
Site Scoring Methodology
Metodología de Puntuación del Sitio
1 2
3 4
5 6
Identify potential indicators and identify data sources Identificar indicadores potenciales e identificar fuentes de datos Select the indicators and define the methodology
Seleccionar los indicadores y definir la metodología
Assign a value to each parcel to score
Asigna un valor a cada parcela para puntuar
Generate maps to visualize the results
Generar mapas para visualizar los resultados
Summarize results by geographic area
Resumir resultados por área geográfica
Vacant Building or Parcel /
Edificio o Parcela Vacante
Flood Zone
/ Zona de Inundacion
Transit Access
/ Acceso de Transito
Example Indicators
Indicadores de Ejemplo

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City of Concord Rezoning Project | 21
Proposed Indicators
Indicadores Propuestos
Parcel Size / Tamaño de Parcela
Existing Use and Zoning /
Uso Existente y Zonificación
6th Cycle Housing Element Sites /
Sitios de Elemento de Vivienda de Sexto Ciclo
Flood Hazard /
Peligro de Inundación
Fault Zone / Zona de Falla
Landslides / Derrumbes
Opportunity Sites /
Sitios de Oportunidad
Transit Access / Acceso de Tránsito
School Access / Acceso a la Escuela
Park Access / Acceso al Parque
Grocery Store Access /
Acceso al Supermercado

ACCESS AND AMENITIES /

ACCESO Y SERVICIOS
Vacant Building or Parcel /
Parcelas y Edificios Vacante
Existing FAR / FAR Existente
Building Age / Edad del Edificio
Improvement to Land Ratio /
Proporción de Terreno a Mejora
Ownership / Propiedad
Potential for Consolidation /
Potencial de Consolidación

EXISTING CONDITIONS /

CONDICIONES EXISTENTE

LAND USE AND ZONING /

USO DEL TERRENO Y ZONAS

ENVIRONMENTAL CONSTRAINTS
/ LIMITACIONES AMBIENTALES

OTHER FACTORS /

OTROS FACTORES

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City of Concord Rezoning Project | 22
Scoring Value to Each Parcel
Valor de Puntuación para cada Parcela
Groundtruthing / Validación de Datos
Churches
Schools
Open Spaces

REZONING

OPTIONS

EXCLUIR
Parcelas históricas
Viviendas unifamiliares
Churches
Schools
Open Spaces
CRITERIA DE SELECCIÓN
+

OPINIONES DEL

PERSONAL Y DE LA

COMUNIDAD
PUNTUACIÓN DE

PARCELAS

OPCIONES DE
REZONIFICACIÓN

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City of Concord Rezoning Project | 23
Study Area
Área de Estudio
High Density Residential (~1%)
Commercial (2%)
Business and Industrial (~1%)
Public and Institutional (11%)
Medium Density (2%)
Mixed Use (1%)
Single Family and Low Density
Residential (63%)
Parks and Open Space (21%)

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City of Concord Rezoning Project | 24
Walk Access to Amenities | Acceso a Pie a los Servicios Worse Access
Peor Acceso
Better Access
Mejor Acceso

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City of Concord Rezoning Project | 25
Environmental Hazards | Peligros Ambientales
More Exposure
to Hazards
Más Exposición a los
Peligros
Less Exposure to
Hazard
Menos Exposición a los
Peligros

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City of Concord Rezoning Project | 26
Site and Building Conditions | Condiciones del Sitios e Edificios Less Suitable Site
Conditions
Condiciones del Sitio
Menos Adecuadas
More Suitable
Site Conditions
Condiciones del Sitio
Más Adecuadas

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City of Concord Rezoning Project | 27
Land Use and Zoning | Uso del Terreno y Zonificación
Less Suitable Land
Use and Zoning
Uso de Terreno y
Zonificacion Menos
Adecuadas
More Suitable Land
Use and Zoning
Uso de Terreno y
Zonificacion Más
Adecuadas

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City of Concord Rezoning Project | 28
Opportunity Sites | Sitios de Oportunidad
Opportunity Site
Sitio de Oportunidad

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City of Concord Rezoning Project | 29
Final Composite Score | Puntuación Compuesta Final
Less Suitable Sites
Sitios Menos Adecuados
More Suitable
Sites
Sitios Más Adecuados

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City of Concord Rezoning Project | 30
Analysis of Results
Análisis de Resultados
Parcels Acres Parcels Acres
Totals 1,175 756.5* 59 100.7
All Parcels
Todos Parceles
Top 5% of Parcels
5% Superior de los
Paquetes
*Includes CSUEB Concord Campus, totaling 377 acres

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City of Concord Rezoning Project | 31
Rezoning Area Compared to Opportunity Sites
Área de Rezonificación en Comparación con Sitios de Oportunidad Kmart Site
Clayton Rd. / Ayers Rd.

Area: ~7.5 acres (of ~17 acres)
Área: ~7.5 acres (of ~17 acres)
Current Zoning: Neighborhood Commercial
Zonificación Actual: Comercial de Vecindario
Estimated Capacity: 450 (@60 du/ac)
Capacidad Estimada: 450 (@60 du/ac)
Medical/Dental Office
Treat Blvd.

Area: 2.05 acres
Área: 2.05 acres
Current Zoning: Community Office
Zonificación Actual: Oficina Comunitaria
Estimated Capacity: ~120 (@60 du/ac)
Capacidad Estimada: ~120 (@60 du/ac)

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City of Concord Rezoning Project | 32
https://www.cityofconcord.org/AFFH
Online Map
Mapa en Línea

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City of Concord Rezoning Project | 33
Next Steps and Questions
Siguientes Pasos y Preguntas

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City of Concord Rezoning Project | 34
Next Steps
Siguentes Pasos
Revise site
selection
analysis
Revisar la
Selección del
Sitio
Develop
and analyze
Rezoning
Alternatives
Desarrollar y
Analizar
Alternativas
de
Rezonificación
Conduct
Phase 2
community
engagement
Conducir Fase
2 de
Participación
Comunitaria
Present
Rezoning
Alternatives
and Phase 2 to
Council and
Commission
Presentar
Rezonificación
Alternativos y
Fase 2 al
Ayuntamiento
y Comisión
Including / Incluye:
• Fiscal impact analysis / Análisis de impacto fiscal
• Residential feasibility analysis / Análisis de viabilidad residencial • Preliminary transportation analysis / Análisis preliminar de transporte

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City of Concord Rezoning Project | 35

1. Should there be any other criteria or weighting
considered when determining site selection?
¿Debería considerarse algún otro criterio o ponderación al determinar la selección del sitio?

2. Any specific sites that should be included or excluded from the Rezoning Project?
¿Algún sitio específico que deba incluirse o excluirse del Proyecto de Rezonificación?

3. Are there any other stakeholder groups that should
be included as part the project team’s engagement
for this project?
¿Hay otros grupos de partes interesadas que deberían incluirse como parte del compromiso del equipo del proyecto para este proyecto?

4. Any additional comments or questions?
¿Algún comentario o pregunta adicional?
Questions
Preguntas

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City of Concord Rezoning Project | 36
Thank you!
¡Gracias!

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City of Concord Rezoning Project | 37
Resource Slides

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City of Concord Rezoning Project | 38
What is AFFH?
AFFH stands for Affirmatively Furthering Fair Housing
Housing Elements and AFFH
• Analyze the data on segregation
patterns and assess contributing
factors
• Identify contributing factors to fair
housing choice
• Establish policies, goals, and actions to
AFFH based on the analysis
California Assembly Bill 686 requires
cities to take meaningful actions that
overcome patterns of segregation and
foster inclusive communities free from
barriers that restrict access to
opportunity

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City of Concord Rezoning Project | 39
What are high resource neighborhoods?
California Tax Credit Allocation Committee (TCAC)
TCAC Opportunity Areas
RCAA
Racially Concentrated Areas of Affluence (RCAA)

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City of Concord Rezoning Project | 40
FAQs
No, this project will not rezone all the study
area. It will identify approximately 20 acres
(0.3% of the study area) to meet our housing
obligations.

Yes, during the second community meeting,
participants will be able to comment on
different rezoning options. During the third
meeting, participants will be able to comment
on the proposed rezoning option.

No, most housing produced in the city is market
rate, with a portion of the units set aside for
lower-income families.

Will the project rezone the entire
study area?
Will we have an opportunity to
comment on the specific sites?
Will all the housing be for lower-
income families?

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City of Concord Rezoning Project | 41
Other Frequently Asked Questions
Yes, during the second community meeting,
participants will be able to comment on
different rezoning options. During the third
meeting, participants will be able to comment
on the proposed rezoning option.

No, most housing produced in the city is market
rate, with a portion of the units set aside for
lower-income families.

Will we have a chance to comment
on the specific sites?
Will all the housing be for lower-
income families?
No, the City does not build housing.

Developers, market-rate and/or non-profit,
build housing. The City is responsible for zoning.

Is the City of Concord responsible
for building housing?

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City of Concord Rezoning Project | 42
Other Frequently Asked Questions
Yes, as part of the project, we will engage with
the Mount Diablo Unified School District (and
other agencies) to ensure adequate capacity for
future students.

Yes, we will evaluate the potential impacts of
new housing on traffic congestion.

Will you work with the school
district to ensure capacity?
Will you evaluate potential traffic
impacts?
We will prepare an Environmental Impact
Report, which includes noise, air quality,
greenhouse gas emissions, public services, and
more. We will also prepare a residential
feasibility analysis and a fiscal impact report.

What other technical studies will
be prepared?

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City of Concord Rezoning Project | 43
Analysis of Results by TCAC Areas
HCD Opportunity Areas Parcels Acres Parcels Acres
Low Resource 393 94.59 11 13.26
Moderate Resource 638 133.32 21 27.26
High Resource 116 510.34* 24 44.94
Highest Resource 28 18.10 3 15.21
Totals 1,175 756.35 59 100.67
All Parcels Top 5% of Parcels
*Includes CSUEB Concord Campus, totaling 377 acres

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Concord City CouncilJune 11, 2024

Concord City Council
June 11, 2024