Concord City Council
August 13, 2024

1 COUNCILMEMBERS
Edi E. Birsan, Mayor
Carlyn S. Obringer, Vice Mayor
Dominic D. Aliano
Laura M. Hoffmeister
Laura M. Nakamura
Civic Center
1950 Parkside Drive
Concord, CA 94519
www.cityofconcord.org
Regular Meeting of the
Concord City Council
Tuesday,
August 13, 2024
6:30 p.m. - Open Session Council Chamber
1950 Parkside Drive
and/or Various
telephonic/electronic
locations
*IMPORTANT NOTICE ABOUT PUBLIC COMMENTS AND MEETING PARTICIPATION* Members of the public are invited to attend and participate at: Council Chamber, 1950 Parkside Drive, Concord, CA.

Please note the following change to the City’s public comment procedures: Unless a Councilmember is participating in the meeting remotely pursuant to AB 2449, remote public comment will not be accepted. Public comment may be provided in-person or via email, as set forth below. Members of the public desiring to provide comments as a part of the meeting are encouraged to either submit written comments by 3:00 p.m. prior to the meeting or to attend the meeting in person.

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

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

Members of the public are encouraged, but not required, to fill out a speaker card. The Council Chamber will have seating available for members of the public to attend in person up to full seating capacity.

2. REMOTE: Remote public comment will not be accepted, except when a Councilmember participates remotely pursuant to AB 2449. At the time of the posting of this agenda, none of the Councilmembers have notified the City Clerk’s Office that they intend to participate remotely pursuant to AB 2449, and therefore no remote public comment will 2 be accepted at the meeting. If, after publication of this agenda and before the meeting begins, any councilmember determines that they will need to participate remotely due to just cause or emergency circumstances under AB 2449, their remote participation will be announced at the outset of the meeting in connection with the Roll Call item. If a Councilmember participates in the meeting remotely pursuant to AB 2449, the public may participate and provide public comment remotely, as follows:
a. Zoom:
https://cityofconcord.zoom.us/j/84578863548?pwd=AgbGTEcwHGz24ihbDFdGRQmqrID 2nA.n-Hjg6CCQj-qPE1l or Zoom Webinar ID: 845 7886 3548 and Passcode: 314619 b.Zoom Phone Numbers. Dial Toll Free: (669) 900-6833 or (346) 348-7799 or (253) 215- 8782.
c.During the meeting, each period for public comment will be announced, and participants may use the “Raise Hand” feature on Zoom to request to speak. If calling in via Zoom use *9 to raise and lower your hand. The meeting host will call on you, by name, and promote you to panelist in the webinar so you can be seen via your camera. Please enable your microphone when it is your turn to speak. In order to ensure the orderly administration of the meeting using this method, providing your name is encouraged, but is not required. (If you need instructions on how to use this feature, please contact the City Clerk by 3:00 p.m. of the meeting date at [email protected]).

3. EMAIL:
a.Public comments can also be submitted via email to [email protected]. Please note that emailed comments will not be read aloud by staff. Any public comments received up until 3:00 p.m. of the meeting date will be:

1. distributed to the Council before the meeting,

2. posted online for public inspection at
https://stream.ci.concord.ca.us/OnBaseAgendaOnline/Meetings/Search, and

3. inserted into the meeting record.
b.As emails containing public meeting comments are part of the official record, note that personal contact information may be published if it is included with your email.

4. TO WATCH OR LISTEN ONLY:
a.Watch on TV on Comcast Channel 28, Astound/Wave Channels 29 and 1026, and AT&T U-verse Channel 99
b.Watch the TV broadcast through the City’s website by following THIS LINK c.Watch Live Streaming of the meeting by following THIS LINK d.Join the Zoom webinar by following THIS LINK
3 5. INTERPRETATION OR WRITTEN TRANSLATION:

OPEN SESSION

1. OPENING
Roll Call

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

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

3. PRESENTATIONS
a. Presentation – by Rick Rickenbacker, President, Markham Regional Arboretum Society (MRAS), on the partnership between MRAS and the City of Concord. Introduction by Kit Jory, Parks Manager.

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

If a request for removal of an item from the Consent Calendar has been received, the Mayor may defer action on the particular item and place the same on the regular agenda for consideration in any order s/he deems appropriate. Please see “How to Submit Public Comments” above. a. Considering – approval of the 2024 minutes from the May 7 Regular; May 14 Regular; May 28 Regular and Closed Session; June 4 Regular; June 11

1. To access interpretation or written translation during the meeting, please scan the QR Code or click this link:

Para accesar a la traducción durante la reunion, por favor escanee el Código QR o haga clic en el enlace:
https://attend.wordly.ai/join/SYMQ-8840

2. Choose Language and Click Attend
Seleccione su lenguaje y haga clic en asistir

3. Use a headset on your phone for audio or read the transcript on your device.

Use sus auriculares para escuchar el audio o leer la transcipción en el dispositivo.
4 Closed Session, Special, and Regular; and June 19 Closed Session.

Recommended by the City Clerk.
b. Considering – approval of a License Agreement with Golden State Family Farms 2, LLC for a fee of $6,394 per month from September through December 2024 ($25,576 total) to allow temporary operation of a pumpkin patch and Christmas tree lot for the property bounded by Clayton Road, Concord Boulevard, and Galindo Street; and authorizing the City Manager to sign the agreement in a form acceptable to the City Attorney. Recommended by the Assistant City Manager.

CEQA: Exempt per CEQA Guidelines Sections 15301 – Existing Facilities, 15302 -- Replacement or Reconstruction, 15303 – New Construction and Small Structures, 15304 – Minor Alterations to Land, and/or 15305 – Minor Alterations in Land Use Limitations.
c. Considering – approval of the purchase of ESRI licenses, maintenance, training and support using the Small Government Enterprise License Agreement from ESRI (Environmental Systems Research Institute) Inc. for a total not-to-exceed amount of $344,180 over three years, including a 10% contingency; and authorizing the City Manager to execute the Agreement in a form acceptable to the City Attorney. (General Fund) Recommended by the Director of Information Technology.

CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(3), and/or 15378. d. Considering – approval of a Cooperative Agreement with the City of Pleasant Hill to construct a complete streets project on Sunvalley Blvd in the amount of $440,000 (Contra Costa Improvement Project, Project No. 2637); and authorizing the City Manager to execute the Cooperative Agreement, subject to approval of the City Attorney. Recommended by the Director of Community Development.

For CEQA purposes, the City of Pleasant Hill is considered to be the “lead agency” pursuant to CEQA Guidelines Sec. 15051(a) and (d). e. Considering – adoption of a Resolution accepting and appropriating grant funding from the California Governor’s Office of Emergency Services (Cal OES) in the amount of $55,875 to support and develop the Concord Community Emergency Response Team (CERT) Teen CERT Program, Project No. 2784. Recommended by the Chief of Police.

CEQA: Exempt/not a project pursuant to Public Resources Code Section 21065, CEQA Guidelines Section 15060(c)(2), 15061(b)(3), 15273, and/or 15378 including subsection (b)(4).
5 f. Considering – the following for Citywide Arterial and Collector Maintenance No. 3 (Project No. 2616) located on Armand Drive from Denkinger Road to Thornwood Drive, Farm Bureau Road from Willow Pass Road to Wren Avenue, and Laguna Street from Detroit Avenue to Galindo Street:

1. Award of a Construction Contract in the amount $1,018,000.00 to McGuire and Hester for the Total Bid of Citywide Arterial and Collector Maintenance No. 3 (Project No. 2616); authorizing 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 (Measure V Funds); and

2. Authorizing the City Engineer to accept the improvements upon completion of Citywide Arterial and Collector Maintenance No. 3 (Project No. 2616) and directing the City Clerk to file a Notice of Completion. Recommended by the Director of Community Development.

CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(3), 15378, 15301, 15302, 15304, and/or Public Resources Code Section 21065.
g. Considering – approval of a Product and Services Agreement with Active Network, LLC for maintenance, upgrade services and software licensing for the CLASS Point of Sale System for a total not-to-exceed amount of $147,574.79 over two years, including a 10% contingency; and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney. (General Fund) Recommended by the Director of Community Development.

CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(3), 15273, and/or 15378.
h. Considering – the adoption of a Resolution Adopting a List of Projects for Fiscal Year 2024-25 Funded by SB 1: The Road Repair and Accountability Act of 2017. Recommended by the Director of Community Development.

CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Section 15060(c)(2), 15061(b)(3), 15262, 15273, and/or 15378.
i. Considering – approval of a budget transfer in the amount of $346,594.44 to the Residential Pavement Maintenance, Phase B: Northwood Drive Project (Project No. 2608), located on Northwood Drive, from the Pavement Holding Account (Project No. 2157) (Measure V, Fund 407) and associated appropriation of such funds to Project No. 2608.
6 CEQA: Not a project/exempt per CEQA Guidelines Sections 15060 (c), 15061 (b)(3), 15273, 15378, 15301, 15302, 15303, 15304, and Public Resources Code (PRC) Section 21065.
j. Considering – approval of a Memorandum of Understanding between the Contra Costa Resource Conservation District and the City of Concord to establish and maintain a pollinator habitat at Willow Pass Community Park in coordination with the City; and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney. Recommended by the Director of Public Works.

CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(2), 15061(b)(3), 15304, 15305, 15323, 15333, and/or Public Resources Code Section 21065.
k. Considering – the following for the Downtown Sanitary Sewer Upgrade – Phase 4 (Project No. 2598) generally located in the Downtown Concord area:

1. Award of a Construction Contract in the amount $2,377,656.00 to Devaney Engineering, Inc. for the Total Bid of Downtown Sanitary Sewer Upgrade – Phase 4 (Project No. 2598); authorizing 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 (Sewer Operating Fund); and

2. Approval of Task Order #1 with Dewberry Engineers Inc. in the not-to- exceed amount of $272,205.34 (base agreement of $247,459.40 plus staff authority to spend up to a 10% contingency of $24,745.94) to provide construction management, material testing, and related services; and authorizing the City Manager to execute the agreement, in a form acceptable to the City Attorney (Sewer Operating Fund); and

3. Authorizing the City Engineer to accept the improvements upon completion of Downtown Sanitary Sewer Upgrade – Phase 4 (Project No. 2598) and directing the City Clerk to file a Notice of Completion; and

4. Make the CEQA determinations as provided in this staff report.

Recommended by the Director of Community Development.

CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(3), 15378, 15301, 15302, 15304, and/or Public Resources Code Section 21065.
l. Considering – approval of a Maintenance Services Agreement with Palomas Landscape Inc. for city-wide landscape maintenance services for a three-year term, with three one-year extensions, in the amount of $550,000 per fiscal year; and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney and making the CEQA determinations as provided in this staff report. Recommended by the Director of Public Works. 7 CEQA: Not a project/exempt pursuant to CEQA Guidelines Sections 15060(c), 15061(b)(2) and (3), 15273, 15301, 15302, 15304, 15378, and/or Public Resources Code section 21065.

5. CITY COUNCIL CONSIDERATION ITEM
The public is entitled to address the City Council on items appearing on the agenda before or during the City Council’s consideration of that item. Each speaker will be limited to approximately three minutes. Please see “How to Submit Public Comments” above. a. Considering – recommendations from the Council Ad Hoc Committee for the Homeless Strategic Plan Implementation of a competitive grant program and providing direction to staff on next steps. Report by Leng Power, Community Services Manager.

CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Section 15060(c)(2), 15061(b)(3), 15262, 15273, and/or 15378.

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

After the public has commented, the item is closed to further public comment and brought to the Council level for discussion and action. Further comment from the audience will not be received unless requested by the Council. No public hearing shall commence after 10 p.m. unless approved by majority vote of the City Council. Please see “How to Submit Public Comments” above. a. Introduce – an Ordinance amending Concord Municipal Code, Title 18 (Development Code) Chapter 18.20 (General Terms), Chapter 18.30 (Residential Districts), Chapter 18.35 (North Todos Santos District), Chapter

18.40 (Office and Commercial Districts), Chapter 18.45 (Downtown Districts), Chapter 18.50 (Business Park and Industrial Districts), Chapter 18.55 (Public/Quasi-Public District), Chapter 18.60 (Community Land Districts), and Chapter 18.200 (Standards for Specific Uses) for consistency with state law and implementation of the 2023-2031 Housing Element, by reading of the title only and waiving further reading. (Housing Element Program 22.6); (PL23176 – MC). Report by Michael Hart, Associate Planner.

CEQA: Not a “project” under Public Resources Code 21065, CEQA Guidelines Sections 15060(c) or 15378 and in the alternative, if deemed a “project,” exempt pursuant to CEQA Guidelines Section 15061(b)(3). b. Introduce – an Ordinance amending Concord Municipal Code, Title 18 (Development Code), Chapters 18.20 (General Terms), 18.30 (Residential Districts), 18.35 (North Todos Santos District), 18.40 (Office and Commercial Districts), 18.45 (Downtown Districts), 18.50 (Business and Industrial Districts), 18.55 (Public/Quasi-Public District), 18.60 (Community Land Districts), 18.105 (Transit Station Overlay), 18.150 (General Development 8 Standards), 18.160 (Parking, Loading, and Access), 18.200 (Standards for Specific Uses), 18.410 (Zoning Clearance), 18.415 (Design and Site Review), and Title 5 (Business Licenses and Regulations), Section 5.05.090 (Exemptions), for consistency with state law, clarify and/or improve review processes, and implement the 2023-2031 Housing Element, by reading of the title only and waiving further reading (Housing Element Programs 15.2 and

16.1); (PL24066 – MC). Report by Frank Abejo, Principal Planner.

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

7. CORRESPONDENCE
Correspondence received at the City Council meeting will be listed here on the meeting minutes. a. Letter to Hon. Nancy Skinner, Chair, Senate Housing Committee - AB 3093 (Ward) Land use: housing element: streamlined multifamily housing - Notice of OPPOSE UNLESS AMENDED - 6/21/2024
b. Letter to Christian Griffith, Assembly Budget Committee - Urgent Support Needed for Governor Newsom's Budget for Behavioral Health Virtual Services Platform - 6/25/2024
c. Letter to Hon. Robert Rivas, California State Assembly, and Hon. Mike McGuire, California State Senate re: Protecting Energy Efficient Funding in Public Purpose Programs - 7/15/2024
d. Letter to Hon. Toks Omishakin, California State Transportation Agency, re:

Support for County Connection's Grant Application for 2024 Transit and Intercity Rail Capital Program; Solar Supported Zero Emission Vehicle Fleet and Service Modernization Project - 7/15/2024
e. Letter to Congressman DeSaulnier re: Exonerated Convicted Black Sailors - 7/19/2024
f. Letter to Hon. Juan Carillo re: AB 2485 (Carillo) Regional housing need:
determination. City of Concord - Notice of Support - 8/1/2024

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

9. ADJOURNMENT
9 Next Meeting: Regular Meeting
Date: 8/27/2024 6:30 PM

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

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

Markham Regional
Arboretum Society
(MRAS) presentation to
Concord City Council
August 13,2024

3.a3.a

MRAS Background
 Community Gardening started in 1975
 Became non-p rofit in 1982
 Garden Center and Nursery
c
ompleted in 2004
 The primary focus was plant
p
ropagation and sales to support the
development of the International
Garden until completion in 2019
 Plant propagation and sales ceased in
2019
 Board’s new focus is on community
g
arden development and
international garden maintenance

MRAS Board of Directors
 President: Charles “Rick” R ickenbacher
 Vice President/Treasurer: Tom Keehn
 Secretary/Hillcrest Community Garden Lead: Christine Bo schen  Membership Manager: Betsy Smr ha
 Markham Community Garden Manager: Karen M ahshi
 International Garden Volunteer Manager: Tim Rivas
 Website Manager: A neta Sperber
 Soil Amendment Supply Manager: Chuck O rekar
 Standard Board Member: Teresa W inthal
 City of Concord Contact: Tyce Dekker

MRAS Mission/Goals
Mission: To support enhancement
and maintenance of the
International Garden at the City of
Concord’s Markham Nature Park and
manage Community Garden within
the City of Concord.

Goals:
 Manage volunteers to maintain the
International Garden
 Manage the operation of the Community
Garden
 Support the City’s efforts to expand
Community Gardens throughout the city

MRAS Recent Activities
 Renewed the Lease
A
greement with the City in
August, 2023
 Renewed garden plot
ho
lders agreements for the
2024-2025 growing season
 Conducted the Water Wise
G
arden Tour
 Potential development of a
C
ommunity Garden
identified at Hillcrest Park
 Introductory meeting was
hel
d with the Hillcrest
Community Garden
Representative, Ruth
Gusenkov

MRAS Recent Activities-
International Garden at
Markham Nature Park
 Expended $4,000 this past year to
s
upport enhancement and
maintenance activities
 8-1 2 Volunteers worked a half -day,
weekly throughout the year
 Added plants to the Asian Garden
 Began cleanup of Creekside
G
arden (between creek and
meadow adjacent to the
Community Garden)

MRAS Recent Activities-
International Garden at
Markham Nature Park (cont’d)
 Began an assessment of overall health
and
lifespan of all
 Early assessment resulted in contracting
out major pruning
 The irrigation system was assessed
identifying many issues throughout the
park
 The list of needed irrigation repairs was
provided to the City of Concord

MRAS Planned Activities-
International Garden at
Markham Nature Park
 Allocated $6,000 to support
e
nhancement and maintenance
activities
 Volunteers to continue with half-
d
ay, weekly work activities
 Add plants in the Asian Garden to fill
i
n open spaces and mulch
 Add California Natives to the
C
reekside Garden
 Add trees to the South American
G
arden
 Add boulders and replant some
t
rees in the South American Garden

MRAS Planned Activities-
Proposed Hillcrest Park
Community Garden
 Develop a standardized
garden plot layout and design
to be used for future
Community Gardens
 Develop a Hillcrest specific
garden plot layout and design
 Develop a Hillcrest Garden
construction plan that identifies
work done by volunteers versus
contractors
 Develop a Hillcrest Garden
construction cost estimate
 Determine garden plot leasing
payback timeframe
 Develop a schedule to
construct the Hillcrest
Community Garden plots

Thank you for your time
Questions?

From: Ezell, Justin <[email protected]>
Sent: Monday, August 12, 2024 10:23 AM
To: McAuley, Wendy <[email protected]>
Subject: FW: Agenda item 3 a - MRAS

This email is being shared with all Councilmembers.

Councilmember Nakamura,

Attached is the agreement with Markham Regional Arboretum Society.

You for the attached MRAS agreement prior to tomorrow’s presentation and asked a couple questions. Please see the following answers:
- Do they operate under the jurisdiction of our PROSC or are they managed by our parks / public works department?
MRAS operates independently, though they receive guidance from staff from time to time depending on their activities. The attached agreement provides additional clarity. Note that PROSC is an advisory body to staff and Council, they do not provide oversight on any operations. - Who is responsible for keeping updated information on our website? The City has a generic website f
or Markham Park which is maintained by Public Works. MRAS has their own website w hich they manage independently of the City.

Regards,

-Justin

Justin Ezell
Assistant City Manager
City of Concord
(925) 671-3155
[email protected]

Agenda Item No. 3.a
Benched Correspondence
August 13, 2024

From: "Nakamura, Laura" <[email protected]> Date: August 9, 2024 at 8:42:31 AM PDT
To: "Ezell, Justin" <[email protected]>
Subject: Agenda item 3 a - MRAS

J
ustin,
Before their presentation on Tuesday could I receive a copy of our MOU with the organization that is managing Markham gardens and the garden at Hillcrest? Do they operate under the jurisdiction of our PROSC or are they managed by our parks / public works department? Who is responsible for keeping updated information on our website?

Thanks in advance,

Laura

Laura Nakamura (She/her/hers)
City Councilmember, District 5

Mobile 925-338-1259
Web https://www.lauranakamura.net/
Sign up for my newsletter:
https://www.lauranakamura.net/newsletter

From: Leslie Baxter <[email protected]>
Sent: Tuesday, August 13, 2024 2:19 PM
To: Birsan, Edi <[email protected]>
Cc: Nakamura, Laura <[email protected]>; Hoffmeister, Laura <[email protected]>; Aliano, Dominic <[email protected]>; Obringer, Carlyn <[email protected]>; City Clerk <[email protected]>; Concord City Council Email <[email protected]> Subject: Re: City Council Meeting August 13, 2024, Agenda Item 3.a.

Concord recently renewed a five year lease with MRAS. MRAS’s obligation is to competently run the park. It should enlist competent managers, staff and volunteers. Considering the popularity of community gardens, MRAS should be able to recruit such people, and hold up its end of the lease.

MRAS would benefit by reaching out for advice and help to the UC Master Gardener Program of Contra Costa County, whose mission includes advising community gardens. The Program also runs a demonstration garden on Wiget Lane in Walnut Creek. Their plant sales are wildly popular, and they have lots of volunteers.
https://ccmg.ucanr.edu/communitygardens/

Thank you for your consideration.

Sincerely,
Leslie Baxter

On Mon, Aug 12, 2024 at 5:00 PM Birsan, Edi <[email protected]> wrote:

Thank you for your well expressed concerns. Do you have an alternative non profit custodian in mind?

Do you want to volunteer?

Edi Birsan

Sent from my T-Mobile 4G LTE Device
Get Outlook for Android

From: L eslie Baxter < [email protected]>
Sent: Monday, August 12, 2024 4:09:07 PM
To: Nakamura, Laura <[email protected]>; Birsan, Edi <[email protected]> ; Hoffmeister, Laura <[email protected]>; Aliano, Dominic <[email protected]>; Obringer, Carlyn <[email protected]> ; City Clerk <[email protected]>; Concord City Council Email <[email protected]>
Subject: City Council Meeting August 13, 2024, Agenda Item 3.a.

Hon. City Councilmembers and staff;

I
am writing to express concerns regarding the management of Concord’s Markham Nature Park by the nonprofit corporation, Markham Regional Arboretum Society (MRAS). The Park space is being neglected. More thoughtful and energetic management of the Park is needed, to maximize Concord residents’ ability to enjoy the Park.

MRAS currently offers 26 community garden plots on site at Markham Nature Park, for lease at $80 per year. I was recently added to the waiting list, and am 44th in line. Assuming that gardeners generally renew their leases, I and others have little practical opportunity to obtain one of these few plots. There is an obvious solution: the garden plots should be expanded onto the large, unimproved space at the Park, adjacent to the community garden plots. Roughly estimated, that might double the number of plots offered. Community gardens benefit the community in so many ways. Families who live in multifamily housing can grow vegetables and flowers, enjoy the fresh air, and socialize with like-minded gardeners who can share knowledge and a love of gardening. The garden plots at Markham Nature Park can and should be expanded.

It’s my understanding from communicating with City staff that that MRAS provides the entire swath of vacant space free of charge to groups who rent the wisteria gazebo, for overflow parking, about half a dozen times a year. This is not the highest and best use for that space. MRAS and the City should expand the community garden into the vacant space. This will create an ongoing revenue stream for MRAS, and will give Concord residents (especially in District 4) the Park amenities it deserves. MRAS should survey other community garden programs in the region, and adjust its leasing prices to conform to market rates. Events renting the gazebo space may not even need overflow parking. If they do, event holders could encourage carpooling, or use a valet system to concentrate parking or shuttle attendees in and out of the Park, thus continuing to protect the neighborhood from excessive event parking

The Park’s greenhouse is derelict and closed. The MRAS website touts plant sales as a part of its mission, but those sales no longer happen. In its current condition, the greenhouse is unsafe and

unsuitable as a space to hold plant sales or educational events. This is a major lost opportunity to provide plants and educate the gardening public. MRAS must explain its abandonment of its own key goal and its plans – if any - to rehabilitate the greenhouse and use it for plant propagation and programs.

MRAS is not living up to its obligations to run Markham Nature Park. The lack of thoughtful stewardship around the use of the Park space is visibly apparent. Its corporate maintenance is also questionable. Via communications with Tyce Dekker, I have repeatedly requested a copy of MRAS’s annual report, with no response. The MRAS website contains what it calls an “Annual Report” , from FY 2015/16. That’s eight years ago. MRAS must be accountable and communicative about its management of the Park. Concord deserves energetic and forward thinking stewardship of its parks. MRAS must take action to operate Markham Nature Park to better serve Concord and its residents.

Sincerely,

Leslie Baxter
Resident, Concord District 4

From: Ezell, Justin <[email protected]>
Sent: Tuesday, August 13, 2024 1:53 PM
To: McAuley, Wendy <[email protected]>
Subject: RE: City Council Meeting August 13, 2024, Agenda Item 3.a.

This email is being shared with all Councilmembers.

Mayor and Councilmembers,

The community gardens at Markham Park were expanded a few years ago, we have asked MRAS to discuss that when they present tonight.

MRAS does not control or rent out the arbor/event space. It is managed by Recreation Services. Steve Voorhies provided the following information about the arbor and rental process:

Reserved use of the Bud Hansen Wisteria Arbor (gazebo) located in the heart of Markham Nature Park is facilitated by the Recreation Services Department. Reservations are limited to weddings or similar events for up to 125 people and may not occur on weekdays or consecutive weekends. In 2024, the Wisteria Arbor was rented for one day in March, one day in July, and is scheduled this October. A facility representative is on duty during all rentals and is responsible for setting up and taking down chairs, providing information and directions, and enabling access to the vacant area immediately adjacent to the paved parking lot that has been utilized for Markham Regional Arboretum Society activities and additional parking capacity when necessary. Eliminating the entire “overflow parking area” could possibly lead to additional traffic congestion from reserved use of the Wisteria Arbor and spontaneous activities such as local high school students gathering in the park to take photos on special occasions. This area has also served as a staging ground for park maintenance equipment and supplies as needed. Staff and MRAS could evaluate use of that space to explore incremental expansion of the community garden along with maintaining the ability to offer some level of overflow parking to help minimize impacts the nearby residents.

MRAS has been asked to discuss their plans for the green house space, among other things when they present tonight.

When Ms. Baxter expressed concern about MRAS nonprofit status back in June, she was provided with information showing that their registration was current, and they were in good standing with the Franchise Tax Board.

Regards,

-Justin

Justin Ezell
Assistant City Manager
City of Concord
(925) 671-3155
[email protected]

REGULAR MEETING OF THE

CONCORD CITY COUNCIL

CITY COUNCIL CHAMBER
1950 PARKSIDE DRIVE

CONCORD, CALIFORNIA AND VARIOUS

TELEPHONIC/ELECTRONIC LOCATIONS
TUESDAY, MAY 7, 2024
The Concord City Council met in a regular meeting in the Council Chamber, located at 1950 Parkside Drive and via various telephonic/electronic locations at 6:30 p.m. on Tuesday, May 7, 2024, with Mayor Birsan presiding. The pledge of allegiance was led by Vice Mayor Obringer. Minutes follow in abbreviated form per Resolution 3361 and Council Minutes of September 26, 1966.

ROLL CALL
COUNCILMEMBERS PRESENT: Dominic Aliano, Laura Hoffmeister, Laura Nakamura, Carlyn Obringer, Edi Birsan
STAFF PRESENT: Valerie Barone, City Manager; Thomas Capriola, Senior Assistant City Attorney; Justin Ezell, Assistant City Manager; Joelle Fockler, City Clerk; Stefanie Ananthan, Deputy City Clerk; Greg Taylor, Director of Information Technology; James
Nakayama, Police Captain; Kevin Marstall, Director of
Community Development; Karan Reid, Director of Finance; Will Tarbox, Director of Public Works; Carlton Thompson, City Engineer; Justin Bosch, Associate Civil Engineer; Deyuanne Lei, Associate Civil Engineer; Suzanne McDonald, Financial
Operations Manager; Sophia Huckabay, Housing Manager; Kelly Rush, Housing Program Analyst; Donna Lee, Budget and
Treasury Officer; Matt Galindo, Recreation Program Manager; Craig Blythe, General Services Manager

MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Isidro Farias, St. Mary’s College; Natalie; Renee Seaton, Concord; Randy Hopkins, Concord; Randolph Hopkins, Concord

PUBLIC COMMENT PERIOD
Isidro Farias, St. Mary’s College, spoke about a student/parent orientation scheduled on Tuesday, May 21, 2024, for the St. Mary’s College Envision Tomorrow Program, a career focused educational outreach program for high school seniors.

Natalie spoke about the importance of speaking up for cease fire and peaceful tones and joy during this time, and stated that unhoused individuals who are working hard to get sober should still be housed through the Interim Motel Housing Program.

Renee Seaton, Concord, spoke of her concern about traffic safety on Denkinger Road and suggested the use of rumble strips for traffic calming.

Randy Hopkins, Concord, spoke of his concern for how City funds are being expended and the importance to ensure funds are spent for the betterment of the community.

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City Council Minutes May 7, 2024
2 PRESENTATIONS
PROCLAMATION – Affordable Housing Month
Mayor Birsan presented Irma Bodden, East Bay Housing Organization, a proclamation declaring May 2024 as “Affordable Housing Month” in the City of Concord.

Mayor Birsan opened a public comment period.

Randolph Hopkins, Concord, stated that people need opportunities to make a living wage so they do not need housing assistance.

Mayor Birsan closed the public comment period.

TOYOTA PAVILION AT CONCORD UPDATE
Mayor Birsan introduced Aaron Hawkins, General Manager, Live Nation, who provided an update on the Toyota Pavilion at Concord.

Mayor Birsan opened a public comment period.

Natalie spoke about Ticketmaster suing the Department of Justice due to the fallout from a recent concert and the resulting impact on securing performers to the venue.

Mayor Birsan closed the public comment period.

ANNOUNCEMENT
RECRUITMENT FOR TWO (2) YOUTH MEMBER POSITIONS ON THE PARKS, RECREATION, AND

OPEN SPACE COMMISSION
City Clerk Joelle Fockler announced two (2) Youth Member positions on the Parks, Recreation, and Open Space Commission for a one-year term, effective September 1, 2024, and ending June 30, 2025, and setting a deadline of Friday, June 7, 2024, at 5 p.m. as the deadline for receipt of applications by the City Clerk.

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

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

APPROVAL OF MINUTES – March 19 and 26, and April 6, 2024 A motion was made by Obringer and seconded by Nakamura to approve the minutes from the March 19 and April 6, 2024, special meetings, and March 26, 2024, regular meeting. The motion passed by unanimous vote of the Council.

APPROVAL OF AN AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT – Bellecci & Associates, Inc.

A motion was made by Obringer and seconded by Nakamura to approve an Amendment to the Professional Services Agreement with Bellecci & Associates, Inc., increasing the contract amount by $79,954 for a total not-to-exceed amount of $250,289 to provide design engineering and related services

City Council Minutes May 7, 2024
3 for Residential Pavement Maintenance – Zone 2L (Project No. 2626), performing pavement maintenance in neighborhood Zone 2L surrounding The Alameda and bounded by Concord Boulevard, Port Chicago Highway, Clayton Road, and Contra Costa Canal; and authorize the City Manager to execute the amendment in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.

APPROVAL OF A FIVE YEAR PROFESSIONAL SERVICES AGREEMENT – Maze & Associates Accountancy Corporation
A motion was made by Obringer and seconded by Nakamura to approve a five year Professional Services Agreement in an amount not to exceed $527,060, with a one year option to extend, for an additional $121,735, with Maze & Associates Accountancy Corporation to complete annual financial statement audits, beginning with fiscal year 2023/2024, to be funded by the Finance Department operating budget; and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.

ACCEPTANCE OF IMPROVEMENTS – Citywide Protected Left-Turn Phasing Project (City Project No. 2575 and Federal Projet No. HSIPL-5135(061)
A motion was made by Obringer and seconded by Nakamura to accept the improvements for the Citywide Protected Left-Turn Phasing Project (City Project No. 2575 and Federal Project No. HSIPL- 5135(061) located at eight (8) intersections Citywide; and direct the City Clerk to file a Notice of Completion. The motion passed by unanimous vote of the Council.

APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT INCLUDING A SOFTWARE AS A SERVICE AGREEMENT (SaaS) – 3Di, Inc.

This item was pulled from consideration on the Consent Calendar by Randolph Hopkins Mayor Birsan opened a public comment period.

Randolph Hopkins, Concord, expressed concern about the expense to operate the Rent Registry Program and in opposition to approval.

Mayor Birsan closed the public comment period.

Following questions by the Council, a motion was made by Nakamura and seconded by Aliano to approve a Professional Services Agreement including a Software as a Service Agreement (SaaS) with 3Di, Inc., in the amounts not to exceed $60,000 in FY 2023-24, $80,000 in FY 2024-25, $80,000 in FY 2025-26, $85,000 in FY 2026-27, $90,000 in FY 2027-28, and $93,000 in FY 2028-29 (for a total not-to- exceed amount of $488,000 for six years) for the administration and management of the City’s Rent Registry Program; and authorize the City Manager to execute the Agreements in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.

AWARD OF A CONSTRUCTION CONTRACT AND APPROVAL OF A RELATED BUDGET TRANSFER – Alberta Way Pavement Rehabilitation (Project No. 2615) A motion was made by Obringer and seconded by Nakamura to approve the following for the Alberta Way Pavement Rehabilitation (Project No. 2615) located on Alberta Way between Ygnacio Valley Road and Clayton Road:

1. Award a construction contract in the amount $985,563.75 (Measure V Financing Fund 407 and Measure J 28(a) Fund 485) to MCK Services, Inc., for Alberta Way Pavement Rehabilitation (Project No. 2615); authorize Staff to utilize the available project contingency for contract change orders that become necessary up to 10% of the contract

City Council Minutes May 7, 2024
4 amount; and authorize the Mayor to execute the contract in a form acceptable to the City Attorney;

2. Approve a related budget transfer of $200,000 (Measure V Financing Fund 407) from Residential Pavement Maintenance – Phase D (Project No. 2622) to Alberta Way Pavement Rehabilitation (Project No. 2615); and

3. Authorize the City Engineer to accept the improvements upon completion of Alberta Way Pavement Rehabilitation (Project No. 2615) and direct the City Clerk to file a Notice of Completion.

The motion passed by unanimous vote of the Council.

APPROVAL OF A TEMPORARY BUDGET TRANSFER – Concord Community Park Solar Array Repairs Project (Project No. 2718)
A motion was made by Obringer and seconded by Nakamura to approve a temporary budget transfer in the amount of $297,000 to the Concord Community Park Solar Array Repairs Project (Project No. 2718), located at the Concord Community Park, from Police Department Headquarters Exterior Painting (Project No. 2655), and associated appropriation of such funds to Project 2718 (Funded by Measure V, Fund 407). The motion passed by unanimous vote of the Council.

CITY COUNCIL PUBLIC HEARING
INTRODUCTION OF ORDINANCE NO. 24-6042.3 – Fee Schedule Amendments Budget and Treasury Officer Donna Lee presented the staff report, provided background of Policy and Procedure No. 170 – Fee Setting Policy, a summary of proposed changes, proposed fee adjustments, an overview of annual sewer service charges and sanitation and refuse fees, and explained that Council was being requested to introduce an uncodified Ordinance amending Exhibit A to Resolution No. 78-6042 by reading of the title only and waiving further reading.

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

Randolph Hopkins, Concord, inquired about the proposed rate increases.

Renee Seaton, Concord, inquired if any of the proposed fees were relatedto traffic impact fees or used for roadway widening.

Mayor Birsan closed the public comment period.

Following discussion by the Council, a motion was made by Aliano and seconded by Hoffmeister to introduce Ordinance No. 24-4 entitled, “An Uncodified Ordinance Amending Exhibit A to Resolution No. 78-6042 (Establishing Fees and Charges for Various Municipal Services in the City of Concord.” The motion passed by unanimous vote of the Council.

CORRESPONDENCE
a. Agenda Item No. 2.a – Written Public Comment
b. Agenda Item No. 5.e – 3Di, Inc. Professional Services Agreement – Benched Correspondence c. Agenda Item No. 6.a – Fee Schedule Amendments – PowerPoint Presentation

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

City Council Minutes May 7, 2024
5 ADJOURNMENT
By order of the Mayor, the meeting was adjourned on May 7, 2024, at 7:43 p.m. in memory of Fred Doster.

EDI E. BIRSAN
MAYOR

JOELLE FOCKLER, MMC

CITY CLERK

REGULAR MEETING OF THE

CONCORD CITY COUNCIL

CITY COUNCIL CHAMBER
1950 PARKSIDE DRIVE

CONCORD, CALIFORNIA AND VARIOUS

TELEPHONIC/ELECTRONIC LOCATIONS
TUESDAY, MAY 14, 2024
The Concord City Council met in a regular meeting in the Council Chamber, located at 1950 Parkside Drive and via various telephonic/electronic locations at 6:30 p.m. on Tuesday, May 14, 2024, with Mayor Birsan presiding. The pledge of allegiance was led by Councilmember Aliano. Minutes follow in abbreviated form per Resolution 3361 and Council Minutes of September 26, 1966.

ROLL CALL
COUNCILMEMBERS PRESENT: Dominic Aliano, Laura Hoffmeister, Laura Nakamura, Carlyn Obringer, Edi Birsan
STAFF PRESENT: Valerie Barone, City Manager; Susanne Brown, City Attorney; Justin Ezell, Assistant City Manager; Joelle Fockler, City Clerk; Stefanie Ananthan, Deputy City Clerk; Karan Reid, Director of Finance; Greg Taylor, Director of Information Technology; Mark Bustillos, Chief of Police; James Nakayama, Police Captain; Kevin Marstall, Director of Community Development; Will Tarbox, Director of Public Works; Steve Voorhies, Director of Recreation Services; Abhishek Parikh, Deputy Director of Public Works – Transportation; Carlton Thompson, City Engineer; Bruce Davis, Senior Civil Engineer; Bernard Enrile, CIP Manager; Kit Jory, Parks Manager; Jesse Crawford, Public Works Superintendent; Justin Bosch, Associate Civil Engineer; Deyuanne Lei, Associate Civil Engineer; Tianjun Cao, Associate Civil Engineer; Aldrich Bautista, Associate Civil Engineer; Justine Gee, Associate Civil Engineer; Kevin Wheat, Associate Civil Engineer; Ken Yee, Facilities Maintenance Manager; Sophia Huckabay, Housing Manager; Kelly Rush, Housing Program Analyst; Andrea
Moreira, Senior Administrative Analyst;

MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Jay Bedecarre, Bay Area KidFest; Randolph Hopkins, Concord; Randy Hopkins, Concord; Kristin Diaz, Concord; Marisol Fuentes Castro, Rising Juntos; Gemma Matson, Rising Juntos;
Guadalupe Tolento, Todos Santos Tenants Union; Vanessa
Chena, Monument Impact; Joe Stokley; Chris Mullas, Concord; Debra Ballinger; Kelly Zhao, EBASE; Natalie; Ellen Osmunson; Emily Wheeler, Concord

PUBLIC COMMENT PERIOD
Jay Bedecarre, Bay Area KidFest, announced this year’s KidFest to be held at Mt. Diablo High School from Saturday, May 25 – Monday, May 27, 2024.

Randolph Hopkins, Concord, spoke about the importance of expending City funds on the community and emphasized that focus should be on fixing roads, parks, and City infrastructure before expending funds for other purposes.

City Council Minutes May 14, 2024
2 Randy Hopkins, Concord, echoed comments by Randolph Hopkins speaking of the importance of maintaining City infrastructure.

Kristin Diaz, Concord, spoke of concern about a homeless encampment located at 5100 Clayton Road near the McCaulou’s department store.

PRESENTATIONS

APWA AWARDS
Mayor Birsan introduced Carlos Melendez, APWA NorCal Chapter President, who presented APWA awards to City of Concord staff.

Mayor Birsan opened a public comment period.

Randy Hopkins, Concord, commended staff on the success of their projects, and reiterated the importance for Council to continue funding projects focused on maintaining City infrastructure.

Mayor Birsan closed the public comment period.

MAYOR’S ART COMPETITION WINNERS
Mayor Birsan presented certificates to the Mayor’s Art Competition winners.

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

PROCLAMATION – Childcare Provider Appreciation Day
Mayor Birsan presented Elianna Campos, President, NCal Family Child Care Alliance, a proclamation declaring May 14, 2024, as “Childcare Provider Appreciation Day” in the City of Concord.

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

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

APPROVAL OF MINUTES – April 9, 2024
A motion was made by Aliano and seconded by Obringer to approve the minutes from the April 9, 2024, meeting. The motion passed by unanimous vote of the Council.

TREASURER’S REPORT – January 1 – March 31, 2024
A motion was made by Aliano and seconded by Obringer to receive the Treasurer’s Report for the period January 1 – March 31, 2024. The motion passed by unanimous vote of the Council.

AWARD OF A CONSTRUCTION CONTRACT, APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT, AND APPROVAL OF RELATED BUDGET TRANSFERS – Willow Pass and Landana Sewer Capacity Improvements Project (Project Nos. 2702 and 2704) A motion was made by Aliano and seconded by Obringer to approve the following for the the Willow Pass and Landana Sewer Capacity Improvements Project (Project Nos. 2702 and 2704) which will

City Council Minutes May 14, 2024
3 construct sewer capacity improvements on Willow Pass Road, between Gateway Boulevard and Landana Drive, and on Landana Drive, between Willow Pass Road and Larkspur Drive:

1. Award a Construction Contract in the amount of $11,212,940 to Precision Engineering Inc., and authorize Staff to utilize the available project contingency for contract change orders up to 10% of the contract amount; authorize the Mayor to execute the contract in a form acceptable to the City Attorney; and make CEQA determination as provided in this staff report (Funded by Sewer Enterprise Funds);

2. Approve a Professional Services Agreement with Swinerton Management & Consulting in the not-to-exceed amount of $715,000 for construction management, inspection, and materials testing services; and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney;

3. Approve related budget transfers to the project in the total amount of $5,500,000 from various projects as shown in the staff report; and

4. Authorize the City Engineer to accept the improvements upon completion of Project Nos. 2702 and 2704 and direct the City Clerk to file a Notice of Completion.

The motion passed by unanimous vote of the Council.

AWARD OF A CONSTRUCTION CONTRACT, APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT, AND APPROPRIATING FUNDS – Monument Boulevard Pavement Rehabilitation (Project No. 2581)
A motion was made by Aliano and seconded by Obringer to approve the following:

1. Award a construction contract in the amount $4,195,417.85 to Goodfellow Bros., Inc. for the Monument Boulevard Pavement Rehabilitation (Project No. 2581) located along Monument Boulevard from Detroit Ave to the Walnut Creek City Limits; authorize staff to utilize the available project contingency for contract change orders that become necessary up to 15% of the contract amount; authorize the Mayor to execute the contract in a form acceptable to the City Attorney; and make the CEQA determinations as provided in this staff report;

2. Approve a Professional Services Agreement with Ghirardelli and Associates, Inc. in the not-to-exceed amount of $758,570 (base agreement of $689,609 plus staff authority to spend up to a 10% contingency of $758,570) to provide construction management, inspection, and materials testing services for the Monument Boulevard Pavement Rehabilitation (Project No. 2581); authorize the City Manager to execute the agreement in a form acceptable to the City Attorney; and make the CEQA determinations as provided in this staff report;

3. Appropriate $110,000 to the project from the Cal Recycle Rubber Grant; and

4. Authorize the City Engineer to accept the improvements upon completion of Project No. 2581 and direct the City Clerk to file a Notice of Completion.

The motion passed by unanimous vote of the Council.

AWARD OF A CONSTRUCTION CONTRACT – Pavement Maintenance Zone 3N: Curb Ramps (Project No. 2623)
A motion was made by Aliano and seconded by Obringer to approve the following for the Pavement Maintenance Zone 3N: Curb Ramps (Project No. 2623) located in the residential neighborhood bordered by Meadow Lane to the northeast, Monument Boulevard to the southeast, Lacey Lane/Tilson Drive/Aspen Drive to the southwest, and Gelbke Lane to the northwest:

City Council Minutes May 14, 2024
4 1. Award a Construction Contract in the amount $239,049 to Villalobos & Associates, Inc. for the Base Bid and Additive Alternative Bid 1 of Pavement Maintenance Zone 3N: Curb Ramps (Project No. 2623); 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 (Measure J Local Funds and Capital Projects General Fund); and

2. Authorize the City Engineer to accept the improvements upon completion of Pavement Maintenance Zone 3N: Curb Ramps (Project No. 2623) and direct the City Clerk to file a Notice of Completion.

The motion passed by unanimous vote of the Council.

AWARD OF A CONSTRUCTION CONTRACT – Residential Pavement Maintenance, Phase B: Paving Project (Project Nos. 2607-2608)
A motion was made by Aliano and seconded by Obringer to approve the following:

1. Award a Construction Contract in the not-to-exceed amount of $3,083,945 to Bay Cities Paving & Grading, Inc., authorizing Staff to utilize the available project contingency for contract change orders up to an additional 10% of the contract amount for the Residential Pavement Maintenance, Phase B: Paving Project (Project Nos. 2607-2608) located in Zone 4O in central Concord between Clayton and Cowell Roads and between Mesa Street/Oakland Avenue and the Contra Costa Canal, and in Zones 5C & 5D in North Concord, immediately south of Highway 4, including Peralta Road and between Highway 242 and Hillsborough Drive; 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; and

2. Authorize the City Engineer to accept the improvements upon completion of Residential Pavement Maintenance, Phase B: Paving Project (Project Nos. 2607-2608) and direct the City Clerk to file a Notice of Completion.

The motion passed by unanimous vote of the Council.

AWARD OF A CONSTRUCTION CONTRACT AND APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT – Residential Pavement Maintenance – Phase D (Project Nos. 2612, 2614, 2622, & 2625) A motion was made by Aliano and seconded by Obringer to approve the following for the Residential Pavement Maintenance – Phase D (Project Nos. 2612, 2614, 2622, & 2625) located in Zone 3I between David Avenue and Monument Boulevard and between Walnut Creek and Dias Drive, Zone 1M between Mount Diablo Creek and Clayton Road and between Ayers Road and Kirker Pass Road, Zone 4C between Cowell Road and the City of Walnut Creek border and between Rose Lane and Ygnacio Valley Road, and Zone 1I between Clayton Road and Galindo Creek and between Bailey Road and Willcrest Drive:

1. Award a Construction Contract in the amount $5,095,813.88 to Bay Cities Paving & Grading, Inc., for the Base Bid of Residential Pavement Maintenance – Phase D (Project Nos. 2612, 2614, 2622, & 2625); 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 (Measure V Revenue Fund 490 and Measure V Financing Fund 407);

2. Approve a Professional Services Agreement with Zoon Engineering in the not-to-exceed amount of $648,727.30 (base agreement of $579,220.80 plus staff authority to spend up to a 12% contingency of $69,506.50) to provide construction management, material testing, and related services; and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney; and

City Council Minutes May 14, 2024
5 3. Authorize the City Engineer to accept the improvements upon completion of Residential Pavement Maintenance – Phase D (Project Nos. 2612, 2614, 2622, & 2625) and direct the City Clerk to file a Notice of Completion.

The motion passed by unanimous vote of the Council.

AWARD OF A CONSTRUCTION CONTRACT, APPROVAL OF A PROFESSIONAL SERVICES

AGREEMENT, APPROVAL OF AN AMENDMENT TO A PROFESSIONAL SERVICES AGREEMENT, AND ACCEPTING AND APPROPRIATING FUNDS – Willow Pass Repaving Safe Route to Transit Improvement (Project No. 2449) (Federal Project No. STPCML-5135 (057)) A motion was made by Aliano and seconded by Obringer to approve the following for the Willow Pass Repaving Safe Route to Transit Improvement (Project No. 2449) (Federal Project No. STPCML- 5135 (057)) located on Willow Pass Road from Galindo Street to Landana Drive:

1. Award a Construction Contract in the amount of $7,508,719.50 to McGuire Hester, Inc.

LLC for the Willow Pass Repaving Safe Route to Transit (SR2T) Improvement project (Project No. 2449); authorize Staff to utilize the available project contingency for contract change orders that become necessary up to 15% of the contract amount; authorize the Mayor to execute the contract in a form acceptable to the City Attorney; and make the NEPA and CEQA determinations as provided in this staff report (Funded by Federal OBAG 2, Measure J TLC, and Measure V Funds);

2. Approve a Professional Services Agreement with Swinerton Management Consultants, Inc., in the not-to-exceed amount of $886,730 (base agreement of $806,118 plus staff authority to spend up to a 10% contingency of $80,612) to provide construction management, inspection, and materials testing services for both the Willow Pass Repaving Safe Route to Transit (SR2T) Improvement project (Project No. 2449); and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney;

3. Approve an Amendment to the Professional Services Agreement with Harris and Associates, Inc., in the amount of $98,020 for a new total of $941,927 to provide design and related services for the Willow Pass Repaving Safe Route to Transit (SR2T) Improvement project (Project No. 2449); and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney;

4. Accept and appropriate $5,410,000 of OneBayArea Grant (OBAG 2) Grant funds from Metropolitan Transportation Commission (MTC) for Project No. 2449;

5. Accept and appropriate $715,000 of Measure J Transportation for Livable Communities (TLC) funds from The Contra Costa Transit Authority (CCTA) for Project No. 2449; and

6. Authorize the City Engineer to accept the improvements upon completion of Project No. 2449 and direct the City Clerk to file a Notice of Completion.

The motion passed by unanimous vote of the Council.

CITY COUNCIL CONSIDERATION ITEMS
INCLUSION OF SINGLE FAMILY HOMES AND CONDOMINIUMS IN ORDINANCE NO. 24-3 – Rent Stabilization and Just Cause for Evictions
Housing Manager Sophia Huckabay presented the staff report, and provided background related to the adoption of Ordinance No. 24-3 Rent Stabilization and Just Cause for Evictions;an overview of protections within Ordinance No. 24-3 pertaining to single family homes and condos and an overview of State Tenant Protection Act of 2019 (AB 1492) amended by SB 567; discussed actions related to moving forward with a ballot measure; provided an overview of alternative actions and financial impact; and explained that Council was being requested to provide direction to staff.

City Council Minutes May 14, 2024
6 Following questions from the Council, Mayor Birsan opened a public comment period.

The following individuals spoke in support of the adopted ordinance with no changes:

Marisol Fuentes Castro, Rising Juntos
Jima Monson
Lupe Tolento
Jenniver Morales
Vanessa Chena
Debra Ballinger
Kelly Zhao
Randolph Hopkins, Concord, stated that no one should be obligated to not rent out a house.

Kristin Diaz, Concord, spoke in favor of Council removing single family homes from Ordinance No. 24-3.

Joe Stokley stated that the ordinance caused seven people to not buy a rental home in Concord.

Chris Moulis, Concord, spoke in opposition of placing the item on a ballot but in favor of making amendments to the existing Ordinance.

Randy Hopkins, Concord, spoke in opposition to creating more regulations.

Natalie stated that the phrase “single family home” is misued.

Ellen Osmunson stated that regulations should be fair to all..

Mayor Birsan closed the public comment period.

Following discussion by the Council, Mayor Birsan recessed the meeting at 8:28 p.m. The meeting resumed at 8:36 p.m.

Following further discussion by the Council, a motion was made by Hoffmeister and seconded by Obringer directing staff to bring back an Ordinance amendment removing the topic of single family homes and condominiums from Ordinance No. 24-3. The motion failed by the following vote:

AYES: Hoffmeister, Obringer NOES: Aliano, Nakamura, Birsan PROPOSED TWO-YEAR CAPITAL BUDGET AND 5-YEAR CAPITAL IMPROVEMENT PLAN City Engineer Carlton Thompson presented the staff report along with CIP Manager Bernard Enrile, and Director of Information Technology Greg Taylor. Mr. Thompson explained that Council was being requested to make recommendations on the proposed Two-Year Capital Budget for Fiscal Years 2024-25 and 2025-26 and 5-Year Capital Improvement Plan Fiscal Years 2024-2029.

Joe Ririe, Senior Principal Engineer and President, Pavement Engineering, Inc., presented the the draft 5-Year Pavement Maintenance Plan.

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

Natalie inquired about the possibility of obtaining funding for the Fernando Adobe from the National Parks Service Historic Preservation Fund.

City Council Minutes May 14, 2024
7 Emily Wheeler, Concord, expressed her concern about the existing climate emergency and importance of reducing greenhouse gas emissions.

Kristin Diaz, Concord, expressed her appreciation for staff’s efforts in compiling the proposed Two-Year Capital Budget and 5-Year Capital Improvement Plan.

Pablo Benavente, Concord, inquired about the Court Lane Bicycle Improvements project.

Mayor Birsan closed the public comment period.

A motion was made by Aliano and seconded by Hoffmeister to consider the remaining items on the agenda due to the lateness of the hour. The motion passed by unanimous vote of the Council.

CORRESPONDENCE
Mayor Birsan opened a public comment period.

Kristin Diaz, Concoed, suggested that the letter to the East Bay Times Editor dated May 6, 2024, regarding the redevelopment of the former Concord Naval Weapons Station be revised.

Mayor Birsan closed the public comment period.
a. Agenda Item No. 6.a – Letter to Jodie DeJonge, Steve Palopoli, and Dan Borenstein re:

Response to May 6, 2024, Naval Weapons Station Article published by the East Bay Times dated May 6, 2024
b. Agenda Item No. 2.a – Written Public Comment
c. Agenda Item No. 4.a – Benched April 9, 2024 Meeting Minutes d. Agenda Item No. 4.c – Willow Pass and Landana Sewer Capacity Improvements Project – Benched Correspondence
e. Agenda Item No. 4.f – Residential Pavement Maintenance, Phase B: Paving Project – Benched Correspondence
f. Agenda Item No. 5.a – Single Family Homes and Condominiums – Benched Correspondence g. Agenda Item No. 5.a – Single Family Homes and Condominiums – PowerPoint Presentation h. Agenda Item No. 5.b – Proposed Capital Budget – Benched Correspondence i. Agenda Item No. 5.b – Proposed Capital Budget – PowerPoint Presentation

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

ADJOURNMENT
By order of the Mayor, the meeting was adjourned on May 14, 2024, at 11:20 p.m.

EDI E. BIRSAN
MAYOR

JOELLE FOCKLER, MMC

CITY CLERK

SPECIAL MEETING OF THE

CONCORD CITY COUNCIL

CITY COUNCIL CONFERENCE ROOM
1950 PARKSIDE DRIVE, WING A

CONCORD, CALIFORNIA
TUESDAY, MAY 28, 2024
The Concord City Council met in a special meeting in the City Council Conference Room, located at 1950 Parkside Drive, Wing A, Concord, California at 6:00 p.m. on Tuesday, May 28, 2024, with Mayor Birsan presiding and all Councilmembers present. Minutes follow in abbreviated form per Resolution 3361 and Council Minutes of September 26, 1966.

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

The meeting was recessed and immediately reconvened in a closed session on CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code) Names of Cases:
 Golden State Lumber, Inc. v. Commercial Waterproofing Systems, Inc., et al. (Contra Costa County Superior Court Case No. C24-00187);
 Beacon Sales Acquisition, Inc. v. Commercial Waterproofing Systems, Inc. et al. (Contra Costa County Superior Court Case No. C24-00777);
 Commercial Waterproofing Systems, Inc. v. City of Concord, et al. (Orange County Superior Court Case No. 30-2024-01399982-CU-BC-CJC).

ADJOURNMENT
By order of the Mayor, the meeting was adjourned on June 11, 2024, at 6:28 p.m.

EDI E. BIRSAN
MAYOR

JOELLE FOCKLER, MMC

CITY CLERK

REGULAR MEETING OF THE

CONCORD CITY COUNCIL

CITY COUNCIL CHAMBER
1950 PARKSIDE DRIVE

CONCORD, CALIFORNIA AND VARIOUS

TELEPHONIC/ELECTRONIC LOCATIONS
TUESDAY, MAY 28, 2024
The Concord City Council met in a regular meeting in the Council Chamber, located at 1950 Parkside Drive and via various telephonic/electronic locations at 6:30 p.m. on Tuesday, May 28, 2024, with Mayor Birsan presiding. The pledge of allegiance was led by Councilmember Hoffmeister. Minutes follow in abbreviated form per Resolution 3361 and Council Minutes of September 26, 1966.

ROLL CALL
COUNCILMEMBERS PRESENT: Dominic Aliano, Laura Hoffmeister, Laura Nakamura, Carlyn Obringer, Edi Birsan
STAFF PRESENT: Valerie Barone, City Manager; Susanne Brown, City Attorney; Justin Ezell, Assistant City Manager; Joelle Fockler, City Clerk; Stefanie Ananthan, Deputy City Clerk; Greg Taylor, Director of Information Technology; Mark Bustillos, Chief of Police; James Nakayama, Police Captain; Kevin Marstall, Director of
Community Development; Steve Voorhies, Director of
Recreation Services; Will Tarbox, Director of Public Works; Abhishek Parikh, Deputy Director of Public Works –
Transportation; Winnie Chung, Transportation Program
Manager; Craig Blythe, General Services Manager; Carlton Thompson, City Engineer; Justin Bosch, Associate Civil
Engineer; Deyuanne Lei, Associate Civil Engineer; Jeff Rayos, Senior Administrative Analyst; Sophia Huckabay, Housing Manager; Kelly Rush, Housing Program Analyst; Angela Freitag, Program Coordinator; Briana Stanley, Recreation Program Aide; Habad Ahmad, Recreation and Special Events Program
Coordinator; Matthew Galindo, Recreation Services Program Manager

MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Carlos Lare-Masters, Concord; Edward James Disibio, Concord; Giacomo Ballon, Concord; Hanford Yow, Concord; Randolph Hopkins, Concord; Randy Hopkins, Concord; Eric Haynes

PUBLIC COMMENT PERIOD
Carlos Lare-Masters, Concord, spoke about a homeless encampment behind his home and the subsequent disturbances it is causing.

Edward James Disibio, Concord, spoke about his current situation facing homelessness and his desire to receive and offer help to others facing homelessness.

Giacomo Ballon, Concord, spoke about the safety at the location of the Contra Costa Trail and Treat Boulevard.

Hanford Yow, Concord, spoke about a large crack in the sidewalk in front of his home.

City Council Minutes May 28, 2024
2 Randolph Hopkins, Concord, spoke of campaign contributions to several councilmembers from DeNova Homes and stated that that the donations should have been disclosed in January 2024 when the City Council adopted a Resolution accepting and appropriating SB 104 funding from the State of California in the amount of $1 million for the Yellow Roof Foundation, and spoke of weeds in the roads.

Randy Hopkins, Concord, spoke of concern about how the City looks, describing weeds in the streets and unkept properties.

PRESENTATIONS

CONTRA COSTA MOSQUITO AND VECTOR CONTROL DISTRICT UDPATE Mayor Birsan introduced Nola Woods, Public Affairs Director, Contra Costa Mosquito and Vector Control District, who provided an update on the Contra Costa Mosquito and Vector Control District.

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

RECREATION SERVICES DEPARTMENT RECAP OF 2023
Mayor Birsan introduced Angela Freitag, Briana Stanley, and Habad Ahmad, who provided a recap of the Recreation Services Department in 2023.

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

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

APPROVAL OF A PROFESSIONAL SERVICES AGREEEMENT – LCA Architects A motion was made by Aliano and seconded by Nakamura to approve a Professional Services Agreement for LCA Architects in the not-to-exceed amount of $93,885 (base agreement of $85,350 plus staff authority to spend up to a contingency of $8,535) for design engineering and related services for Golf Course Fire 2020 Repairs (Project No. 2551); and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.

ADOPTION OF ORDINANCE NO. 24-4 – FEES AND CHARGES FOR VARIOUS MUNICIPAL

SERVICES
A motion was made by Aliano and seconded by Nakamura to adopt Ordinance No. 24-4 entitled, "An Uncodified Ordinance Amending Exhibit A to Resolution No. 78-6042 (Establishing Fees and Charges for Various Municipal Services in the City of Concord)." Ordinance No. 24-4 was introduced on May 7, 2024, by reading of the title only and waiving further reading. The motion passed by unanimous vote of the Council.

APPROVAL OF A FUNDING AGREEMENT – Contra Costa Transportation Authority (CCTA) A motion was made by Aliano and seconded by Nakamura to approve a funding agreement committing local match funds for the City of Concord ITS/Traffic Signal Modernization Project in the amount of $155,473, as sponsored by the Contra Costa Transportation Authority (CCTA); and authorize

City Council Minutes May 28, 2024
3 the City Manager to execute the agreement with CCTA in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.

APPROVAL OF FINISHES FOR THE BACKS OF NEWLY INSTALLED BIGBELLY TRASH

RECEPTACLES
This item was pulled from consideration on the Consent Calendar by Vice Mayor Obringer who highlighted the project and thanked staff for their efforts in beautifying the Bigbelly Trash receptacles by featuring historical photos and landscapes.on the receptacles.

A motion was made by Obringer and seconded by Nakamura to approve finishes for the backs of the newly installed Bigbelly trash receptacles in the downtown as recommended by the City Council Committee on Housing and Economic Development. The motion passed by unanimous vote of the Council.

AWARD OF A PROFESSIONAL SERVICES AGREEMENT AND APPROVAL OF A RELATED BUDGET TRANSFER – Transportation Offices at Corporation Yard (Project No. 2648) A motion was made by Aliano and seconded by Nakamura to approve the following for the Transportation Offices at Corporation Yard (Project No. 2648):

1. Award a Professional Services Agreement in the not-to-exceed amount of $277,478.30 (base agreement of $252,253 plus staff authority to spend up to a 10% contingency of $25,225.30 in Building Maintenance Fund 630 and Measure V Financing Fund 407) to Lowney Architecture for project design and related services of the Transportation Offices at Corporation Yard (Project No. 2648), and authorize the City Manager to execute the contract in a form acceptable to the City Attorney; and

2. Approve a related budget transfer of $1,700,000 (Measure V Financing Fund 407) from Fund Balance to Transportation Offices at Corporation Yard (Project No. 2648) and appropriate such funds for Project No. 2648.

The motion passed by unanimous vote of the Council.

AWARD OF A CONSTRUCTION CONTRACT AND APPROVAL OF A RELATED BUDGET TRANSFER – Residential Pavement Maintenance, Phase B: Northwood Drive Project (Project No. 2608) This item was pulled from consideration on the Consent Calendar by Vice Mayor Obringer who highlighted the project.

A motion was made by Obringer and seconded by Hoffmeister to approve the following:

1. Award a Construction Contract in the not-to-exceed amount of $945,943 to McGuire and Hester, authorizing staff to utilize the available project contingency for contract change orders up to an additional 10% of the contract amount for the Residential Pavement Maintenance, Phase B: Northwood Drive Project (Project No. 2608) located on Northwood Drive; and authorize the Mayor to execute the contract in a form acceptable to the City Attorney;

2. Approve a related budget transfer of $465,000 from the Oak Grove Road Pavement Rehabilitation, Phase 3 Project (Project No. 2557) (Measure J, Fund 475) and $410,000 from the Pavement Holding Account (Project No. 2157) (Measure V, Fund 407) to Project No. 2608 and associated appropriation of such funds; and

3. Authorize the City Engineer to accept the improvements upon completion of Residential Pavement Maintenance, Phase B: Northwood Drive Project (Project No. 2608), and direct the City Clerk to file a Notice of Completion.

City Council Minutes May 28, 2024
4 The motion passed by unanimous vote of the Council.

AUTHORIZATION TO PURCHASE – 18 Replacement Vehicles, Two Pieces of Heavy Equipment, and One Heavy Duty Equipment Trailer
A motion was made by Aliano and seconded by Nakamura to approve the purchase of eighteen (18) replacement vehicles, two (2) pieces of heavy equipment, and one (1) heavy duty equipment trailer in the amount of $912,195.64 from the current fiscal year replacement fund, an appropriation of $666,802.20 from the fleet fund for a total not to exceed amount of $1,578,997.84. The motion passed by unanimous vote of the Council.

CITY COUNCIL CONSIDERATION ITEM
CITY’S TRANSPORTATION IMPACT FEE DEVELOPMENT PROCESS UPDATE AND APPROVAL OF AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT – Kimley-Horn Deputy Director of Public Works – Transportation Abhishek Parikh provided background on the City’s Transportation Impact Fee Program and explained that Council was being requested to (1) receive an update on the City’s Transportation Impact Fee (TIF) development process, (2) provide direction on two proposed changes to the TIF program: (a) incorporate the CNWS as a separate fee zone, and (b) minimize major roadway widening projects, and (3) approve an amendment to the Professional Services Agreement with Kimley-Horn to increase the contract amount by $61,660 for a new total not-to-exceed amount of $403,500; and authorize the City Manager to execute the Amendment in a form acceptable to the City Attorney.

Mr. Parikh introduced Michael Schmitt, Senior Sustainability Consultant for Kimley-Horn, who reviewed the TIF Program update.

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

Randolph Hopkins, Concord, spoke in opposition to a two-tier fee program (CNWS and rest of the City).

Mayor Birsan closed the public comment period.

Following discussion by the Council, a motion was made by Nakamura and seconded by Hoffmeister to continue the agenda item to a future meeting. The motion passed by unanimous vote of the Council.

Mayor Birsan recessed the meeting at 8:14 p.m. The meeting resumed at 8:24 p.m.

CITY COUNCIL PUBLIC HEARING
ADOPTION OF RESOLUTION NOS. 24-31, 24-32, 24-33, 24-34 – Annual Engineer’s Report and Assessment Diagrams
Councilmember Nakamura recused herself from the item due to an economic interest in real property and left the dais.

Senior Administrative Analyst Jeff Rayos presented the staff report, and explained that Council was being requested to adopt four Resolutions confirming the annual Engineer’s Report and Assessment Diagrams for levies and assessments for the Downtown Landscape Maintenance District, Pine Hollow Landscape & Lighting District, Landscape & Lighting District No. 3, and the Citywide Street Lighting Assessment District for Fiscal Year 2024-25, and direct the City Clerk to file a certified copy with the Contra Costa County Auditor-Controller.

City Council Minutes May 28, 2024
5 Following questions from the Council, Mayor Birsan opened a public comment period, and upon receiving no public comment, closed the public comment period.

Following discussion by Council, a motion was made by Aliano and seconded by Obringer to adopt Resolution No. 24-31 entitled, “A Resolution Confirming the Assessment Diagram and Levy of Assessments for Maintenance within the Downtown Landscape Maintenance District for Fiscal Year 2024/25.” The motion passed by the following vote:

AYES: Aliano, Hoffmeister, Obringer, Birsan NOES: None ABSENT: Nakamura A motion was made by Aliano and seconded by Obringer to adopt Resolution No. 24-32 entitled, “A Resolution Confirming the Assessment Diagram and Levy of Assessments for Maintenance within the Pine Hollow Estates Landscape and Lighting Maintenance District for Fiscal Year 2024/25.” The motion passed by the following vote:

AYES: Aliano, Hoffmeister, Obringer, Birsan NOES: None ABSENT: Nakamura A motion was made by Aliano and seconded by Obringer to adopt Resolution No. 24-33 entitled, “A Resolution Confirming the Assessment Diagram and Levy of Assessments for Maintenance within the Landscape and Lighting Maintenance District No. 3 for Fiscal Year 2024/25.” The motion passed by the following vote:

AYES: Aliano, Hoffmeister, Obringer, Birsan NOES: None ABSENT: Nakamura A motion was made by Aliano and seconded by Obringer to adopt Resolution No. 24-34 entitled, “A Resolution Confirming the Assessment Diagram and Levy of Assessments for Maintenance within the Citywide Street Lighting Assessment District for Fiscal Year 2024/25.” The motion passed by the following vote:

AYES: Aliano, Hoffmeister, Obringer, Birsan NOES: None ABSENT: Nakamura Councilmember Nakamura returned to the dais.

ADOPTION OF RESOLUTION NO. 24-35 – The Ashbury TEFRA Hearing Housing Manager Sophia Huckabay presented the staff reporthighlighted the proposed project, discussed community benefits, financing, Regional Housing Needs Allocation (RHNA), and the financial impact. Housing Manager Huckabay then explained that Council was being requested to adopt a Resolution pursuant to the Tax Equity and Fiscal
Responsibility Act of 1982 (TEFRA) and the Internal Revenue Code of 1986 approving the issuance of the California Municipal Finance Authority (The CMFA) multifamily housing revenue bonds in an aggregate principal amount not to exceed $90,000,000 for the purpose of the acquisition, construction, improvement, and equipping of The Ashbury, an entitled 183-unit affordable multifamily rental housing project with a site location of 1650 Ashbury Drive, Concord, California and certain other matters relating thereto, and make the CEQA determinations as provided in the staff report.

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

Eric Hayes spoke in support of the Resolution.

Randolph Hopkins, Concord, spoke in opposition of the Resolution.

Randy Hopkins, Concord, spoke in opposition of the Resolution..

Mayor Birsan closed the public comment period.

City Council Minutes May 28, 2024
6 Following discussion by the Council, a motion was made by Nakamura and seconded by Hoffmeister to adopt Resolution No. 24-35 entitled, “A Resolution Pursuant to the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA) and the Internal Revenue Code of 1986 Approving the Issuance of the California Municipal Finance Authority Multifamily Housing Revenue Bonds in an Aggregate Principal Amount Not to Exceed $90,000,000 for the Purpose of the Acquisition, Construction, Improvement, and Equipping of The Ashbury, an Entitled 183-unit Affordable Multifamily Rental Housing Project with a Site Location of 1650 Ashbury Drive, Concord, California and Certain Other Matters Relating Thereto.” The motion failed by the following vote:

AYES: Nakamura NOES: Aliano, Hoffmeister, Obringer, Birsan ABSENT: None

CORRESPONDENCE
a. Agenda Item No. 7.a – Letter to Assembly Member Timothy S. Grayson re: Opposition of AB 1886 (Alvarez) Housing Element Law: Substantial Compliance dated May 14, 2024 b. Agenda Item No. 7.b – Letter to Senator Steven M. Glazer re: Opposition of SB 1037 (Wiener) Planning and Zoning: Housing Element: Enforcement dated May 14, 2024 c. Agenda Item No. 7.c – Letter to Senator Scott Wiener, Senator Stephen Padilla, Assembly Member Jesse Gabriel, and Assembly Member Sharon Quirk-Silva re: Opposition of Proposed 50% Budget Cut to Small Business Technical Assistance Program (TAP) and Capital Infusion Program (CIP) at GO-Biz dated May 17, 2024
d. Agenda Item No. 7.d – Letter to Assembly Member Timothy S. Grayson re: Support for AB 1990 (Carrillo) Criminal Procedure: Arrests: Shoplifting dated May 8, 2024 e. Agenda Item No. 7.e – Letter to Assembly Member Rick Zbur re: Support if Amended for AB 2943 (Zbur and Rivas) Crimes: Theft dated May 8, 2024
f. Agenda Item No. 7.f – Letter to Assembly Member Juan Alanis re: Support for AB 1972 (Alanis) Regional Property Crime Task Force dated May 8, 2024
g. Agenda Item No. 7.g – Letter to Assembly Member Kevin McCarty re: Support for AB 1794 (McCarty) Crimes: Larceny dated May 8, 2024
h. Agenda Item No. 7.h – Letter to Assembly Member Wendy Carrillo, Assembly Member Evan Low, and Assembly Member Esmerelda Soria re: Support for AB 1960 (Soria) Sentencing Enhancements: Property Loss, AB 1990 (Carrillo) Criminal Procedure: Arrests: Shoplifing, and AB 2814 (Low) Crimes: Unlawful Entry: Intent to Commit Package Theft dated May 8, 2024 i. Agenda Item No. 7.i – Letter to the Office of the Secretary, Build America Bureau, US Department of Transportation re: Support for the Contra Costa Transportation Authority's (CCTA) Innovative Finance and Asset Concession Grant Program (IFACGP) Application for a Technical Assistance Cooperate Agreement Asset Scan dated May 9, 2024
j. Agenda Item No. 2.a – Written Public Comment
k. Agenda Item No. 3.a – Mosquito and Vector Control District Update – PowerPoint Presentation l. Agenda Item No. 3.b – Recreation Services Department Update - PowerPoint Presentation m. Agenda Item No. 4.c – CCTA Funding Agreement – Benched Correspondence n. Agenda Item No. 5.a – TIF Program Updates – PowerPoint Presentation o. Agenda Item No. 6.b – The Ashbury TEFRA Hearing – PowerPoint Presentation

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

Councilmember Nakamura requested and received support for the white paper distributed related to guaranteed income with regard to the Homeless Strategic Plan be included in the upcoming strategies on next steps for the Homeless Strategic Plan.

Mayor Birsan requested and received support to have the Council Committee on Housing and Economic Development consider whether to recommend to the full Council a request to amend the

City Council Minutes May 28, 2024
7 Development Code allowing for “vehicle and equipment facilities” with outdoor storage in the Industrial Mixed Use (IMX) zoning district and related issues.

ADJOURNMENT
By order of the Mayor, the meeting was adjourned on May 28, 2024, at 9:54 p.m.

EDI E. BIRSAN
MAYOR

JOELLE FOCKLER, MMC

CITY CLERK

REGULAR MEETING OF THE

CONCORD CITY COUNCIL

CITY COUNCIL CHAMBER
1950 PARKSIDE DRIVE

CONCORD, CALIFORNIA AND VARIOUS

TELEPHONIC/ELECTRONIC LOCATIONS
TUESDAY, JUNE 4, 2024
The Concord City Council met in a regular meeting in the Council Chamber, located at 1950 Parkside Drive and via various telephonic/electronic locations at 6:30 p.m. on Tuesday, June 4, 2024, with Mayor Birsan presiding. The pledge of allegiance was led by Councilmember Nakamura. Minutes follow in abbreviated form per Resolution 3361 and Council Minutes of September 26, 1966.

ROLL CALL
COUNCILMEMBERS PRESENT: Dominic Aliano, Laura Hoffmeister, Laura Nakamura, Carlyn Obringer, Edi Birsan
STAFF PRESENT: Valerie Barone, City Manager; Susanne Brown, City Attorney; Justin Ezell, Assistant City Manager; Stefanie Ananthan, Deputy City Clerk; Greg Taylor, Director of Information Technology; Mark Bustillos, Chief of Police; James Nakayama, Police Captain; Karan Reid, Director of Finance; Kevin Marstall, Director of Community Development; Carlton Thompson, City Engineer; Justine Gee, Associate Civil Engineer; Ryan Pursley, Chief Building Official; Andrea Moreira, Senior Administrative Analyst; Mindy Gentry, Planning Manager; Ryan Lenhardt, Senior Planner; Donna Lee, Budget and Treasury Officer

MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Randolph Hopkins, Concord; Ady Olvera, Concord Communities Alliance; Natalie; Valerie Kroll, Rainbow Community Center; DeAnn Pearn, Hope Solutions; Ady Olvera, Concord
Communities Alliance; Kelly McKinley, GROW; Brandi
Velasquez; Denise Parsons; Maria; LeAnne; Janette Kennedy, Loaves & Fishes; Renee Seaton; Rev. Millie Phillips, Faith Alliance for a Moral Economy; LaTonya Johnson

PUBLIC COMMENT PERIOD
Randolph Hopkins, Concord, spoke about eating and drinking in the Council Chamber.

Ady Olvera, Concord Communities Alliance, announced the Juneteenth celebration scheduled for 12 – 4 p.m. on June 23, 2024, in Todos Santos Plaza.

Natalie spoke about the poor response she received from apartment management after a recent water leak in her apartment complex.

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

City Council Minutes June 4, 2024
2 AWARD CONSTRUCTION CONTRACT AND APPROVE PROFESSIONAL SERVICES AGREEMENT – Pavement Maintenance Zone 3N and the Aspen Drive Sewer Replacement Project (Project Nos. 2623 and 2703)
A motion was made by Aliano and seconded by Nakamura to approve the following for the Pavement Maintenance Zone 3N and the Aspen Drive Sewer Replacement Project (Project Nos. 2623 and 2703) located in the residential neighborhood bordered by Meadow Lane to the northeast, Monument Boulevard to the southeast, Lacey Lane/Tilson Drive/Aspen Drive to the southwest, and Gelbke Lane to the northwest:

1. Award a Construction Contract in the amount $1,452,938.82 to Radius Earthwork Inc., for the Total Bid of Pavement Maintenance Zone 3N and Aspen Drive Sewer Replacement Project (Project Nos. 2623 and 2703); authorize Staff to utilize the available project contingency for contract change orders that become necessary up to 10% of the contract amount; and authorize the Mayor to execute the contract in a form acceptable to the City Attorney;

2. Approve a Professional Services Agreement with Zoon Engineering in the not-to-exceed amount of $274,877.02 (base agreement of $249,888.20 plus staff authority to spend up to a 10% contingency of $24,988.82) to provide construction management, material testing, and related services; and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney; and

3. Authorize the City Engineer to accept the improvements upon completion of Pavement Maintenance Zone 3N and Aspen Drive Sewer Replacement Project (Project Nos. 2623 and 2703) and direct the City Clerk to file a Notice of Completion.

The motion passed by unanimous vote of the Council.

APPROVE FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT – 4Leaf, West Coast Code Consultants, TRB and Associates, and SHUMS Coda Association A motion was made by Aliano and seconded by Nakamura to approve First Amendments to the Professional Services Agreements with 4Leaf, West Coast Code Consultants, TRB and Associates, and SHUMS Coda Association for plan check and building inspection services in the not-to-exceed amount of $500,000 per fiscal year for the term of each agreement, and authorize the City Manager to execute the Amendments in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.

APPROVE 27 MASTER SERVICES AGREEMENTS (MSA) – Community Development Department A motion was made by Aliano and seconded by Nakamura to approve 27 Master Services Agreements (MSAs) for various consultant services for the Community Development Department, and authorize the City Manager to execute the Agreements in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.

ADOPT RESOLUTION NO. 24-35 – Culture Club Corporate Enterprise (dba “Culture”) This item was fulled from consideration on the Consent Calendar by Councilmember Hoffmeister who noted that the applicant made a timely request for an extension.

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

A motion was made by Aliano and seconded by Nakamura to adopt Resolution No. 24-35 entitled, “A Resolution Approving a One-Year Extension of the Approval of an Administrative Permit and Design and Site Review for a Cannabis Storefront and Delivery Retail Business Culture Club Corporate

City Council Minutes June 4, 2024
3 Enterprise (dba “Culture”) at 1440 Concord Avenue, Suite B, APN: 126-020-108 (PL24034 – AA, DA, DR).” The motion passed by unanimous vote of the Council.

CITY COUNCIL CONSIDERATION ITEMS
Mayor Birsan took the next item out of agenda order.

MID-YEAR BUDGET 2023/24 AND 2024/25
Budget and Treasury Officer Donna Lee presented the staff report by reviewing the Council Priority Focus Areas/Tier 1 and Tier 2 Priorities, Biennial Budget process, proposed FYs 2023-24 and 2024-25 budget adjustments, and Measure V Oversight Committee report. Budget and Treasury Officer Lee then reviewed the requested Council actions, including:

1. Adopt a Resolution amending the FYs 2023-24 and 2024-25 Municipal Budgets;

2. Adopt a Resolution adopting the City of Concord’s Salary Schedule effective July 8, 2024;

3. Adopt a Resolution adopting the City of Concord’s annual appropriations limit; and

4. Adopt a Resolution authorizing allocations and reallocations for ARPA funded projects and authorizing the City Manager to make administrative adjustments to ARPA funded projects.

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

Randolph Hopkins, Concord, asked where the funds for the $10.5 million fiscal stability fund came from and why the City is outspending its revenues.

Mayor Birsan closed the public comment period.

A motion was made by Aliano and seconded by Nakamura to adopt Resolution No. 24-36 entitled, “A Resolution Amending the Fiscal Years 2023-24 and 2024-25 Municipal Budget.” The motion passed by unanimous vote of the Council.

A motion was made by Aliano and seconded by Hoffmeister to adopt Resolution No. 24-4735.1 entitled, “A Resolution Adopting the City of Concord’s Salary Schedule Effective July 8, 2024, in Accordance with the Requirements of the California Public Employees Retirement System (CalPERS) for a Publicly Available Pay Schedule.” The motion passed by unanimous vote of the Council.

A motion was made by Aliano and seconded by Obreinger to adopt Resolution No. 24-38 entitled, “A Resolution Establishing the Appropriation Limit for the City of Concord for Fiscal Year 2024-25 Pursuant to California Constitution Article XIII B.”. The motion passed by unanimous vote of the Council.

A motion was made by Aliano and seconded by Nakamura to adopt Resolution No. 24-39 entitled, “A Resolution Authorizing Allocations and Reallocations for American Rescue Plan Act (ARPA) Funds and Authorizing the City Manager to Make Administrative Adjustments to ARPA Funded Projects to Ensure all ARPA Funds are Fully Expended in Calendar Year 2024.” The motion passed by unanimous vote of the Council.

HOMELESS STRATEGIC PLAN
Assistant City Manager Justin Ezell presented the staff report by reviewing Council actions taken in 2024 and reviewing the Homeless Strategic Plan strategies including: Mobile Resource Center, Rapid Re-Housing, Scattered Site Interim Housing, Scattered Site Tiny Homes, Centralized Tiny Homes, and Interim Motel Housing. Mr. Ezell also provided information on the Guaranteed Income program. The Guaranteed Income Program was not included in the Homeless Strategic Plan as a strategy, but the Council directed staff to include it for discussion in future conversations on the Homeless Strategic Plan.

City Council Minutes June 4, 2024
4 Following questions from the Council, Mayor Birsan opened a public comment period.

Valerie Kroll, Rainbow Community Center, spoke of the need of temporary housing and support for at risk youth.

Deanne Pearn, Chief Executive Officer, Hope Solutions, spoke in support of the use of a motel located on Clayton Road to serve chronically homeless individuals in Concord.

Ady Olvera, Concord Communities Alliance, stated that the Council should act quickly on the Homeless Strategic Plan.

Kelly McKinley, GROW, thanked staff and asked for multiple locations for the showers.

Brandi Velasquez spoke in support of Hope Solutions.

Denise Parsons advocated for safe places to park for the unhoused.

Maria advocated for bathrooms and safe parking for the unhoused.

Betty Gabaldon, Concord, spoke in support of the Basic Income program for unhoused neighbors.

LeAnn spoke of being homeless and the difficulties she is having getting into housing.

Janette Kennedy, Loaves and Fishes, spoke in support of the Homeless Strategic Plan, informed the Council of Loaves and Fishes mobile unit, and offered assistance with the Mobile Resource Center.

Renee Seaton spoke in support of the Mobile Resource Center.

Randolph Hopkins, Concord, spoke in support of the Mobile Resource Center.

Rev. Millie Phillips, Faith Alliance for a Moral Economy, spoke in support of Hope Solutions, the Basic Income program, and the City working with established non-profit organizations.

Natalie stated that it is an indictment of society that LeeAnn isn’t housed, asked the Council not to limit who they assist, and in support of contingency management for the Basic Income program.

LaTonya Johnson spoke of Concord residents having to leave Concord for available housing in other cities.

Mayor Birsan closed the public comment period and recessed the meeting at 8:30 p.m. The meeting resumed at 8:40 p.m.

Following discussion by the Council, a motion was made by Aliano and seconded by Hoffmeister to approve a competitive grant process inviting organizations to submit proposals requesting funding and outlining plans for utilizing funds to implement any of the individual Homeless Strategic Plan strategies.

The motion passed by the following vote of the Council:

AYES: Aliano, Hoffmeister, Obringer, Birsan NOES: None ABSTAIN: Nakamura It was the consensus of the City Council to have an Ad Hoc Committee to be created by Mayor Birsan at the June 11, 2024, meeting, provide direction on the following eight questions before the RFP/RFQ process is considered by the Council:

1. Determine if any of the included strategies chosen should include service preconditions such as employment, income, absence of criminal record, or sobriety.

City Council Minutes June 4, 2024
5 2. Does Council want to pre-set funding amounts available by strategy.

3. Are there City-owned locations the Council wants to make available to facilitate specific strategies or is Council opento considering this on a proposal by proposal basis.

4. Determine the process for reviewing proposals and making recommendations (i.e., staff, Council, or Commission; all funding decisions would be made by the full Council.)

5. Determine what reporting/accountability requirements are needed, if any.

6. Determine whether funding will be provided up front, reimbursed, or provided in installments and if there are any performance metrics necessary to receive funding.

7. Determine whether services would only be available to “Concord” residents, based on established criteria, similar to the City’s Rapid Rehousing Program.

8. Determine if there are any other requirements.

It was the consensus of the Council to consider at the June 25, 2024, Citry Council meeting, Hope Solutions proposal to provide permanent supportive housing at a Concord motel to serve chronically homeless individuals in Concord, funded from $5.2 million of one-time funds that have been set-aside to support implementation of Concord’s Homeless Strategic Plan.

CORRESPONDENCE
a. Agenda Item No. 2.a – Written Public Comment
b. Agenda Item No. 4.a – PowerPoint Presentation
c. Agenda Item No. 4.a – Benched Correspondence
d. Agenda Item No. 4.a – Benched Correspondence received after 3 p.m. on June 4, 2024 e. Agenda Item No. 4.b – PowerPoint Presentation

COUNCIL REPORTS
Vice Mayor Obringer presented Mayor Birsan with a Certificate signed by the Vice Mayor and Councilmembers for perfect attendance to council meetings for the last 15 years.

ADJOURNMENT
By order of the Mayor, the meeting was adjourned on June 4, 2024, at 9:5035 p.m.

EDI E. BIRSAN
MAYOR

JOELLE FOCKLER, MMC

CITY CLERK

SPECIAL MEETING OF THE

CONCORD CITY COUNCIL

CITY COUNCIL CONFERENCE ROOM
1950 PARKSIDE DRIVE, WING A

CONCORD, CALIFORNIA
TUESDAY, JUNE 11, 2024
The Concord City Council met in a special meeting in the City Council Conference Room, located at 1950 Parkside Drive, Wing A, Concord, California at 5:15 p.m. on Tuesday, June 11, 2024, with Mayor Birsan presiding. Minutes follow in abbreviated form per Resolution 3361 and Council Minutes of September 26, 1966.

COUNCILMEMBERS PRESENT: Dominic Aliano, Laura Hoffmeister, Laura Nakamura, Carlyn Obringer, Edi Birsan (Councilmember Aliano
arrived at 5:28 p.m.)
STAFF PRESENT: Susanne Brown, City Attorney; Thomas Capriola, Senior Assistant City Attorney; Rick Jarvis, Special Council, Jarvis Fay; Valerie Barone, City Manager; Justin Ezell, Assistant City Manager
Mayor Birsan opened a public comment period, and upon receiving no public comment, closed the public comment period.

The meeting was recessed and immediately reconvened in a closed session on CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code section 54956.9(d)(2): One potential case.

ADJOURNMENT
By order of the Mayor, the meeting was adjourned on June 11, 2024, at 5:56 p.m.

EDI E. BIRSAN
MAYOR

JOELLE FOCKLER, MMC

CITY CLERK

SPECIAL MEETING OF THE

CONCORD CITY COUNCIL

CITY COUNCIL CHAMBER
1950 PARKSIDE DRIVE

CONCORD, CALIFORNIA AND VARIOUS

TELEPHONIC/ELECTRONIC LOCATIONS
TUESDAY, JUNE 11, 2024
The Concord City Council met in a special meeting in the Council Chamber, located at 1950 Parkside Drive and via various telephonic/electronic locations at 6:00 p.m. on Tuesday, June 11, 2024, with Mayor Birsan presiding. Minutes follow in abbreviated form per Resolution 3361 and Council Minutes of September 26, 1966.

ROLL CALL
COUNCILMEMBERS PRESENT: Dominic Aliano, Laura Hoffmeister, Laura Nakamura, Carlyn Obringer, Edi Birsan
STAFF PRESENT: Valerie Barone, City Manager; Thomas Capriola, Senior Assistant City Attorney; Justin Ezell, Assistant City Manager; Joelle Fockler, City Clerk

CITY COUNCIL CONSENT CALENDAR
CIVIC CENTER ROOF REPLACEMENT PROJECT (Project No. 2429) A motion was made by Aliano and seconded by Hoffmeister to:

1. Adopt the following findings based on the facts detailed within the staff report that public bidding would (i) not produce an advantage, (ii) be inappropriate, impractical and impossible, and (iii) not be in the City’s best interest due to the circumstances.

2. Authorize the execution of a construction contract in the total amount of $4,742,124.00 with Stronger Builder Services to complete the Project No. 2429; 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.

3. Approve Amendment No. 1 to the Professional Services Agreement with Swinerton, adding $229,196.00 to their existing contract; creating a new not to exceed amount of amount of $521,426.40 to provide additional construction management and inspection services needed for the Project No. 2429; and authorizing the City Manager to execute the amendment in a form acceptable to the City Attorney.

4. Approve a temporary budget transfer in the amount of $3,100,000 to Project No. 2429:
$1,044,828 from CIP Holding Account (Project No. 2723), and $2,055,172 from General Fund Reserves, and associated appropriation of such funds to Project No. 2429.

5. Authorize the City Engineer to accept the improvements upon completion of Project No. 2429 and direct the City Clerk to file a Notice of Completion.

The motion passed by unanimous vote of the Council.

City Council Minutes June 11, 2024
2 ADJOURNMENT
By order of the Mayor, the meeting was adjourned on June 11, 2024, at 6:09 p.m.

EDI E. BIRSAN
MAYOR

JOELLE FOCKLER, MMC

CITY CLERK

REGULAR MEETING OF THE

CONCORD CITY COUNCIL/CITY COUNCIL

SITTING AS THE CONCORD-PLEASANT HILL

HEALTH CARE DISTRICT/JOINT MEETING OF

THE CONCORD CITY COUNCIL AND

PLANNING COMMISSION

CITY COUNCIL CHAMBER
1950 PARKSIDE DRIVE

CONCORD, CALIFORNIA AND VARIOUS

TELEPHONIC/ELECTRONIC LOCATIONS
TUESDAY, JUNE 11, 2024
The Concord City Council met in a regular meeting in the Council Chamber, located at 1950 Parkside Drive and via various telephonic/electronic locations at 6:30 p.m. on Tuesday, June 11, 2024, with Mayor Birsan presiding. There was not a Planning Commission quorum, so the Planning Commission did not meet. The pledge of allegiance was led by Vice Mayor Obringer. Minutes follow in abbreviated form per Resolution 3361 and Council Minutes of September 26, 1966.

ROLL CALL
COUNCILMEMBERS PRESENT: Dominic Aliano, Laura Hoffmeister, Laura Nakamura, Carlyn Obringer, Edi Birsan
STAFF PRESENT: Valerie Barone, City Manager; Susanne Brown, City Attorney; Justin Ezell, Assistant City Manager; Joelle Fockler, City Clerk; Stefanie Ananthan, Deputy City Clerk; Karan Reid, Director of Finance; James Nakayama, Police Captain; Carlton Thompson, City Engineer; Bernard Enrile, CIP Manager; Bruce Davis, Senior Civil Engineer; Mitra Abkenari, Assistant Civil Engineer; Kevin Wheat, Associate Ciivl Engineer; Aldrich Bautista, Associate Civil Engineer; Andrea Moreira, Senior Administrative Analyst; James Peavey, Human Resources Manager; Donna Lee, Budget and
Treasury Officer; Leng Power, Community Services Manager; Mindy Gentry, Planning Manager; Benjamin Ulrey, Assistant Planner

MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Kay Saeyang, Concord; Tim McGallian, Concord; Randolph Hopkins, Concord; Megan Nguyen, EBHO; Davina Sriovdom,
EBHO; Rev. Millie Phillips, FAME/EBASE; Eric Haynes; Gregg Syrovatka, Concord

PUBLIC COMMENT PERIOD
Kay Saeyang, Concord, spoke of genocide of Palestinians and asked the Council to divest from Israel to stop genocide.

Tim McGallian, Concord, announced the upcoming 4th of July events.

CITY COUNCIL/CONCORD-PLEASANT HILL HEALTH CARE DISTRICT (CPHHCD) CONSENT

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

City Council Minutes June 11, 2024
2 CITY COUNCIL CONSENT CALENDAR
REAPPOINTMENT TO THE CONTRA COSTA COUNTY LIBRARY COMMISSION – Tommy Smith A motion was made by Aliano and seconded by Nakamura to approve the reappointment of Tommy Smith as Concord's Representative to the Contra Costa County Library Commission for a four- year term ending June 30, 2028. The motion passed by unanimous vote of the Council.

ADOPTION OF RESOLUTION NO. 24-40 – Approving Final Map for Subdivision 9585, 1200 Detroit Avenue
A motion was made by Aliano and seconded by Nakamura to adopt Resolution No. 24-40 entitled, “A Resolution Approving the Final Map for Subdivision 9585, 1200 Detroit Avenue (Assessor’s Parcel Number 126-210-048) and Accept, Subject to Improvement, Right-of-Way Improvements and 864 Square Feet of Right-of-Way Offered for Dedication Along Detroit Avenue.” The motion passed by unanimous vote of the Council.

APPROVAL OF 31 MASTER SERVICES AGREEMENTS – Various Consultant Services for Community Development Department
A motion was made by Aliano and seconded by Nakamura to approve 31 Master Services Agreements (MSAs) for various consultant services for the Community Development Department; and authorize the City Manager to execute the agreements in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.

APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT – Sedgwick Claims Management Services, Inc.

A motion was made by Aliano and seconded by Nakamura to approve 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 employes; and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.

RELIEVING CONTRACTOR OF THEIR BID, AWARD OF A CONSTRUCTION CONTRACT,

APPROPRIATING GRANT FUNDS, APPROVAL OF BUDGET TRANSFERS, AND AUTHORIZING THE CITY ENGINEER TO ACCEPT IMPROVEMENTS UPON PROJECT COMPLETION – Treat Boulevard Pavement Rehabilitation Project (Phase 2) (Project No. 2559) A motion was made by Aliano and seconded by Nakamura for the following:

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 of $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 Boulevard 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

City Council Minutes June 11, 2024
3 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.

The motion passed by unanimous vote of the Council.

ACCEPTING AND APPROPRIATING GRANT FUNDS – Willow Pass Road Cycle Track (Project No. 2572)
This item was pulled from consideration on the Consent Calendar by Councilmember Hoffmeister who expressed concern over the bicycle track eliminating an inbound lane on Willow Pass Road.

Vice Mayor Obringer highlighted the crosswalk at Willow Pass and San Vincente that will be improved through this project.

Mayor Birsan opened a public comment period.

Randolph Hopkins, Concord, spoke of bike safety and impacts of the loss of lanes for traffic.

Mayor Birsan closed the public comment period.

A motion was made by Nakamura and seconded by Obringer to 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. The motion passed by unanimous vote of the Council.

APPROVAL OF A SECOND AMENDMENT TO A PROFESSIONAL SERVICES AGREEMENT – Robert Half International, Inc.

A motion was made by Aliano and seconded by Nakamura to approve a 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. The motion passed by unanimous vote of the Council.

CONCORD-PLEASANT HILL HEALTH CARE DISTRICT CONSENT CALENDAR ADOPTION OF RESOLUTION NO. 24-044 – Fiscal Year 2024/25 Funding on Behalf of the Concord/Pleasant Hill Health Care District
A motion was made by Aliano and seconded by Nakamura to adopt Resoluion No. 24-044 entitled, “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 Council 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.” The motion passed by unanimous vote of the Council.

Mayor Birsan took the next item out of agenda order.

City Council Minutes June 11, 2024
4 COUNCIL REPORTS
MAYOR’S APPOINTMENT OF TWO COUNCILMEMBERS TO SERVE ON A COUNCIL AD HOC COMMITTEE – Homeless Strategic Plan Strategies
Mayor Birsan appointed Councilmembers Aliano and Hoffmeister to serve on a Council Ad Hoc Committee to advise on the competitive grant process to implement the six Homeless Strategic Plan strategies; the ad-hoc will exist until final committee recommendations are made to the full Council or until June 11, 2025, whichever is sooner.

CITY COUNCIL CONSIDERATION ITEM
Mayor Birsan recused himself from the City Council Consideration item due to economic interest in real property resulting from proximity to his primary residence and left the dais and the remainder of the meeting. Vice Mayor Obringer governed the remainder of the meeting.

AFFIRMATIVELY FURTHERING FAIR HOUSING (AFFH) REZONING PROJECT Assistant Planner Ben Ulrey explained the project and introduced Eric Yurkovich, Raimi + Associates, who explained that the City Council was being requested to provide feedback and input on the site selection criteria and methodology and community engagement process to be incorporated into rezoning alternatives; provided background on the rezoning project; shared about the principles to guide future development, criteria to select suitable housing locations, and potential opportunity sites for new housing; and reviewed draft site scoring methodology and potential rezoning sites.

Following questions from the City Council, Vice Mayor Obringer recessed the meeting at 8:30 p.m. The meeting resumed at 8:41 p.m.

Vice Mayor Obringer opened a public comment period.

Megan Nguyen, East Bay Housing Organizations (EBHO), spoke in support of the project.

Davina Sriovdom, EBHO, spoke in support of the project.

Rev. Millie Phillips, FAME/EBASE, stated that there should be direct outreach to the most effected to achieve the goal.

Eric Haynes spoke in support of the project.

Gregg Syrovatka, Concord, stated that the project should focus on raising up lower resource areas.

Vice Mayor Obringer closed the public comment period.

Following discussion, the Council, through consensus, directed staff to exclude the Centre Concord and Concord Pavilion from site consideration, work and engage with community benefit organizations and property owners, and agendize the formation of an Ad Hoc Committee to advise staff on the development and framework of the Affirmatively Furthering Fair Housing program of the 2023- 2031 Housing Element.

CORRESPONDENCE
a. Agenda Item No. 3.f – Willow Pas Road Cycle Track Grant Funds – Benched Correspondence b. Agenda Item No. 4.a – AFFH – Benched Correspondence
c. Agenda Item No. 4.a – AFFH – PowerPoint Presentation

City Council Minutes June 11, 2024
5 d. Agenda Item No. 4.a – AFFH – Benched Correspondence Received after 3 p.m. on June 11, 2024
COUNCIL REPORTS (continued)
Councilmembers shared information on events and activities in which they had participated since the last meeting and commented on items of interest.

ADJOURNMENT
By order of the Mayor, the meeting was adjourned on June 11, 2024, at 9:53 p.m.

EDI E. BIRSAN
MAYOR

JOELLE FOCKLER, MMC

CITY CLERK

SPECIAL MEETING OF THE

CONCORD CITY COUNCIL

CITY COUNCIL CONFERENCE ROOM
1950 PARKSIDE DRIVE, WING A

CONCORD, CALIFORNIA AND THE
HAMPTON INN, ROOM 738, 354 NW 9th

AVENUE, PORTLAND, OREGON
TUESDAY, JUNE 19, 2024
The Concord City Council met in a special meeting in the City Council Conference Room, located at 1950 Parkside Drive, Wing A, Concord, California, and the Hampton Inn, Room 738, 354 NW 9th Avenue, Portland, Oregon, at 6:00 p.m. on Tuesday, June 19, 2024, with Mayor Birsan presiding and all Councilmembers present. Minutes follow in abbreviated form per Resolution 3361 and Council Minutes of September 26, 1966.

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

The meeting was recessed and immediately reconvened in a closed session on CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code section 54956.9(d)(2): One potential case.

ADJOURNMENT
By order of the Mayor, the meeting was adjourned on June 11, 2024, at 6:25 p.m.

EDI E. BIRSAN
MAYOR

JOELLE FOCKLER, MMC

CITY CLERK

Staff Report
Date: August 13, 2024
To: City Council
From: Valerie J. Barone, City Manager
Prepared by: Justin Ezell, Assistant City Manager
[email protected]
(925) 671-3155
Subject: Considering approval of a License Agreement with Golden State Family Farms 2, LLC for a fee of $6,394 per month from September through December 2024 ($25,576 total) to allow temporary operation of a pumpkin patch and Christmas tree lot for the property bounded by Clayton Road, Concord
Boulevard, and Galindo Street; and authorizing the City Manager to sign the agreement in a form acceptable to the City Attorney.

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

Report in Brief
The City owns what is known as the “white picket fence property,” which is bounded by Clayton Road, Concord Boulevard, and Galindo Street. Beginning in 2021, the City has temporarily licensed the property to operate a pumpkin patch and Christmas tree lot.

The City received a request to again license the property for the 2024 holiday season.

City staff supports the temporary licensing of the property for this use because it will help stimulate activity within the downtown during the 2024 holiday season. In addition, City staff negotiated a favorable licensing fee while also developing conditions which ensure the City’s best interests in terms of safety of patrons, motorists, and pedestrians, and compliance with applicable policies and regulations. The proposed licensing

4.b4.b4.b

City Council Agenda Report
Agenda Item No.4.b
August 13, 2024
agreement also ensures that the property and adjacent roadways will be fully restored to pre-licensing conditions.

Recommended Action
Approve a License Agreement with Golden State Family Farms 2, LLC for a fee of $6,394 per month from September through December 2024 ($25,576 total) to allow temporary operation of a pumpkin patch and Christmas tree lot for the property bounded by Clayton Road, Concord Boulevard, and Galindo Street; and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney, and make the CEQA determinations as provided in this staff report.

Background
In 2021, the City received a proposal to operate a pumpkin patch and Christmas tree lot on the City property located at Clayton Road, Concord Boulevard, and Galindo Street.

The subject property is commonly referred to as “the white picket fence property” by staff and the community. The property is currently vacant, and previous temporary uses were for a single season. The City received a proposal to again license the property for the 2024 season. The City is currently following Surplus Land Act regulations to place the property on the market for future permanent redevelopment; the proposed temporary use will not impact that process.

Analysis
The proposal is the same as it was in prior years and includes uses ancillary to the sale of pumpkins and Christmas trees; including inflatable slides and jump houses, paintball, pony rides, and other children’s activities. The white picket fence property is underutilized, suitable, and available for temporary operation of a pumpkin patch and Christmas tree lot, with enough available space for the proposed activities and onsite parking. As in prior years, the operation undergoes a review and permitting process through Concord’s Planning Division and the Contra Costa County Fire Protection District.

In addition to the review and permitting process discussed above, the City of Concord’s Transportation and Engineering divisions reviewed the proposed uses of the property and developed a number of conditions to ensure the City’s best interests, the safety of patrons, motorists, and pedestrians, and compliance with applicable policies and regulations. The Public Works Department, Police Department, and the Transportation and Engineering Divisions of the Community Development Department supported the proposed use given the acceptance of conditions imposed by staff.

The activities proposed by Golden State Family Farms 2 will be highly visible by passing motorists, acting as a magnet that draws people into the downtown to further simulate activity. Additionally, the $6,394 monthly license fee is competitively priced when compared to similar rentals of vacant lots used for these purposes. Finally, the

City Council Agenda Report
Agenda Item No.4.b
August 13, 2024
proposed license agreement places requirements on the licensee to improve and restore the condition of the property and fence.

Financial Impact
The license agreement would provide $25,576 to the City for the four-month period.

This payment would be placed in the City’s General Fund.

Environmental Determination
Pursuant to CEQA Guidelines Sections 15060(c), 15061(b)(2), 15061(b)(3), 15378, and/or Public Resources Code Section 21065 award of this license agreement is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, as it will not result in a direct or reasonably foreseeable indirect physical change in the environment. In the alternative, award of this license agreement is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15301 – Existing Facilities, 15302 -- Replacement or Reconstruction, 15303 – New Construction or Small Structures, 15304 – Minor Alterations to Land, and/or 15305 – Minor Alterations in Land Use Limitations. 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. License Agreement between the City of Concord and Golden State Family Farms 2, LLC, with Exhibit A – Proposed Layout

LICENSE AGREEMENT
This License Agreement (“Agreement”) is entered into on August 13, 2024 (“Effective Date”) between the City of Concord, a California municipal corporation (“City”) and Golden State Family Farms 2, LLC, a limited liability company, located at 345 Yosemite Street, Stockton, CA 95204 (“Licensee”).

Recitals
A. City owns certain real property generally located in the 1700 block of Galindo Street, Concord, CA, APN 126-143-012 (“Property”).

B. Licensee would like to obtain a temporary, non-exclusive, and limited right, privilege, and permission to use portions of the Property as shown on Exhibit A (“License Area”) for the purpose of operating a pumpkin patch and Christmas Tree lot subject to certain conditions (as further defined in Sections 5 and 6 below).

C. City is willing to allow such use pursuant to the terms of this Agreement.

Terms and Conditions
NOW, THEREFORE, in consideration of the mutual promises herein contained, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City and Licensee agree as follows:

1. License
A. Grant of License. City hereby grants to Licensee a non-exclusive and limited right, privilege, and permission to use the License Area (including reasonable access to the License Area beginning in August 2024) for i) the purpose of operating a pumpkin patch and Christmas tree lot during the months of September through December; and ii) for no other purpose, subject to all leases, subleases, easements, restrictions and reservations now or subsequently pertaining to the License Area, the Property, or any portion thereof. Licensee’s reasonable access to the License Area beginning in August 2024 is subject to all terms and conditions of this Agreement except for payment of the License Fee indicated in Section 3, below.

B City Access. Licensee agrees that the City or its appointed representatives shall have access to the License Area at all times. City shall have the unrestricted right to observe all activities by Licensee and/or any Licensee Party at the Property. “Licensee Party” means any of Licensee’s partners, officers, officials, volunteers, shareholders, members, employees, agents, invitees, representatives, contractors, subcontractors, sub-licensees, successors, assigns, consultants, experts, and any other person or entity affiliated with Licensee or under Licensee’s direction or control.

C. Condition of Property. Licensee represents and warrants that Licensee has Attachment 1

inspected and examined the License Area and accepts the License Agreement in its present “as is” condition. Licensee acknowledges and agrees that neither City, nor anyone acting for or on behalf of City, has made any representations, warranties, or promises to Licensee, or to anyone acting for or on behalf of Licensee, concerning the condition of the License Area, the Property, any portion thereof, or any other aspect thereof including any structures or improvements located thereon, the availability of utilities, or the absence or presence of hazardous materials. Licensee shall keep the License Area in a clean, orderly and sanitary condition to the satisfaction of the Public Works Director or his/her designee. Licensee agrees to take proper care to maintain and preserve the property of City. Upon expiration or other termination of this Agreement, Licensee shall remove all of its employee vehicles and other installations from and shall repair and restore the License Area, the Property, and all portions thereof, and shall peaceably surrender such areas to the City clean and in the same condition as when received, reasonable wear and tear excepted.

D. Risk of Loss. City assumes no responsibility for loss or any damage to the property of the Licensee or Licensee’s employees, including theft, vandalism or other property loss or damage incurred as a result of Licensee’s use of the License Area.

E. Advertising. Licensee shall not at any time display any advertising sign without City’s prior written approval, which City may condition or withhold in its sole discretion.

2. Term. The term of this License Agreement shall be for a period of four (4) months commencing on September 1, 2024 (“Commencement Date”) and expiring on December 31, 2024. The term may be extended by the parties upon mutual written agreement by the parties. The City Manager is authorized to execute such renewal or extension of the License Agreement.

3. License Fee. The “License Fee” shall be $6,394 per month for the period of September 1 through December 31, for a total of $25,576, commencing on the Commencement Date. Licensee shall pay the License Fee to City without notice, demand, offset or deduction, in advance, on the first day of each month of the Term. If the License Fee is due for a period of less than a full month, it shall be prorated for such partial month on the basis of a 30-day month. Licensee shall remit the License Fee to the City of Concord Finance Department, 1950 Parkside Drive MS/06, Concord, CA 94519 or at such other address as Landlord may from time to time designate in writing to Tenant for the payment of the License Fee.

4. Possessory Taxes. Licensee acknowledges and agrees to pay when due any taxes of any kind and every nature, including but not limited to possessory interest tax that may be imposed upon the License Area or Licensee’s use thereof pursuant to Revenue and Taxation Code Section 107.6

5. Pumpkin Patch and Christmas Tree Lot. “Pumpkin patch and Christmas tree lot” means temporary sale of pumpkins and Christmas trees, in addition to ancillary uses such as inflatable slides and jump houses, paintball, pony rides, and other children’s

activities within the License Area. Absent an amendment or modification of this Agreement, no activities other than those described above are allowed. No other alterations (including temporary or permanent structures, changes and/or additions) shall be made to the License Area, the Property, or any portion thereof, and no other work or activities shall be allowed without City’s prior written consent, which City may condition or withhold in its sole discretion. Licensee shall provide City with at least one (1) business day prior written notice before conducting any work. All work and all other activities pursuant to this Agreement shall be at the sole cost and expense of Licensee.

6. Conditions. “Conditions” means the following:

A. Following removal of the delineators, on both Clayton Road and Concord Blvd, Licensee shall restore striping and re-slurry the second lanes for the 100 foot portion adjacent to the removed delineators.

B. A surface stabilization treatment for the proposed parking lot, as vehicles driving through unpaved dirt will generate a lot of dust (impacting adjacent residences and businesses), and if it rains, mud will track onto the streets resulting in a storm water violation and potentially expanding the extent of required slurry at the termination of the temporary use.

C. To the extent that the use is proposing pedestrian access (Entrance/Exit) into the lot, all designated paths of travel are required to comply with ADA standards. The only concrete sidewalks adjacent to the lot are adjacent to Galindo St and on the SW portion of the lot adjacent to Clayton Rd. If the project is proposing to have visitors walk adjacent to Clayton Rd, the portion between the exit driveway and Galindo St is not currently ADA Compliant. This pathway would require construction per City standard detail, S-10, and the existing driveway on Clayton Rd would likewise require reconstruction to City standards to be ADA compliant, as well.

D. The existing ‘Signal Ahead’ blinking warning light on Concord Blvd must remain visible to motorists at all times.

E. Prior to and following termination of the temporary use, the City will require the restoration of fencing around the lot, including any missing or damaged sections, back to “new.”
F. Absent an amendment or modification of this Agreement, no activities other than those described above are allowed. No other alterations (including temporary or permanent structures, changes and/or additions) shall be made to the License Area, the Property, or any portion thereof, and no other work or activities shall be allowed without City’s prior written consent, which City may condition or withhold in its sole discretion. Licensee shall provide City with at least three (3) business days prior written notice before commencing any work. All work and all other activities pursuant to this Agreement shall be at the sole cost and expense of Licensee.

G. Temporary power installed by Licensee must be removed following

termination of the use.

7. Indemnification. The following obligations are in addition to those imposed by applicable provisions of the Concord Municipal Code. Licensee agrees to and shall defend (with independent counsel approved by the City), indemnify and hold harmless the City, its officers, officials, employees, agents, representatives and volunteers (each, a “City Party”) from and against any and all claims, demands, actions, losses, damages, injuries, and liability, including all attorney’s fees, expert fees, consultant fees, and other litigation costs and expenses (“Claims”) arising out of or connected in any way with: (a) the Permitted Use; (b) Licensee’s or any Licensee Party’s activities on or about, operation of, access to, and/or use of, the License Area, the Property, or any portion thereof; (c) this Agreement; or (d) Licensee’s or any Licensee Party’s performance, non- performance, breach, or default under this Agreement (individually and collectively, “Activities”), except to the extent caused by City’s sole or active negligence or willful misconduct.

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

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

B. Automobile Liability Coverage. Licensee 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.

C. Compliance with State Workers’ Compensation Requirements.

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

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

volunteers. Except for worker’s compensation and professional liability insurance, the policies mentioned in this subsection shall name City as an additional insured and provide for notice of cancellation to City. Licensee shall also provide timely and prompt notice to City if Licensee receives any notice of cancellation or nonrenewal from its insurer.
(2) Primary Coverage. Licensee’s insurance coverage shall be primary insurance with respect to City, its officers, officials, employees, and volunteers.

Any insurance, risk pooling arrangement, or self-insurance maintained by City, its officers, officials, employees, or volunteers shall be in excess of Licensee’s insurance and shall not contribute with it.
(3) Reporting Provisions. Any failure to comply with the reporting provisions of the policy shall not affect the coverage provided to the City, its officers, officials, employees, or volunteers.
(4) Verification of Coverage. Licensee 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.

9. Compliance With Laws. Licensee shall at all times comply with, and shall pay all costs and expenses which may be incurred or required to be paid in order to comply with, any and all laws, statutes, ordinances, rules, regulations, permitting requirements, labor codes, prevailing wage requirements, hazardous materials laws, the Americans with Disabilities Act of 1990, 42 U.S.C. §12101 et seq., covenants and restrictions of record, life and fire safety and similar requirements, including those of the State of California, the County of Contra Costa, the City of Concord, or other applicable authority, all as amended from time to time (“Laws”) which apply to any Licensee Activities, including those requiring payment of any fees, charges or assessments arising out of or in any way related to any Activities or any portion thereof as a source of adverse environmental impacts or effects. Licensee shall not permit or suffer any mechanic’s lien to be filed against the License Area, the Property, any portion thereof, or any interest therein, and shall immediately discharge any such lien. Licensee agrees to and shall protect, defend (with independent counsel approved by the City), indemnify and hold harmless the City and each City Party from and against any and all Claims arising out of or connected in any way with any such lien, except to the extent caused by City’s sole or active negligence or willful misconduct.

10. Environmental Matters.

A. Definitions. “Hazardous Materials” means hazardous waste (as defined in

42 U.S.C. 16901, et seq.), hazardous substance (as defined in 42 U.S.C. §9601, et seq.), and any other hazardous, toxic, radioactive, carcinogenic, or prohibited materials, substances or wastes. “Hazardous Materials Laws” means all Laws concerning the management, use, generation, storage, transportation, presence, discharge or disposal of Hazardous Materials.

B. Generator. City shall not be identified on any documents or otherwise as the generator of any materials or wastes on any manifests or similar documents regarding any Hazardous Materials, or any other materials or wastes resulting from the work or permitted use.

C. Compliance with Hazardous Materials Laws. Licensee shall, at its sole cost and expense, comply with all Hazardous Materials Laws. Neither Licensee nor any Licensee Party shall use, handle, store, transport, release or dispose of any Hazardous Materials anywhere in, on, under or about the License Area, the Property, or any portion thereof. Licensee shall cause any and all Hazardous Materials brought onto, used, generated, stored or discharged in, on, under or about the License Area, the Property, or any portion thereof to be removed from the License Area, the Property, and all portions thereof, and transported for disposal in accordance with applicable Hazardous Materials Laws. City shall have the right to conduct tests, inspections and surveys concerning Hazardous Materials and to monitor Licensee’s compliance with its obligations concerning Hazardous Materials and Hazard Materials Laws. Licensee shall immediately notify City in writing of any voluntary clean-up or removal action instituted or proposed by Licensee, any enforcement, clean-up, removal or other governmental or regulatory action instituted or threatened, or any claim made or threatened by any person against Licensee, the License Area, the Property, or any portion thereof, relating to Hazardous Materials or Hazardous Materials Laws. Licensee shall also supply to City as promptly as possible, and in any event within five (5) business days after Licensee receives or sends same, copies of all claims, reports, complaints, notices, warnings or asserted violations concerning Hazardous Materials or Hazardous Materials Laws which in any way relate to any of the Activities.

D. Indemnification for Hazardous Materials. In addition to the indemnification provision set forth in Section 6 above, except to the extent caused by City’s sole or active negligence or willful misconduct, Licensee agrees to and shall defend (with independent counsel approved by the City), indemnify and hold harmless the City and each City Party from and against any and all Claims (including investigation, removal, remediation, cleanup and monitoring costs), asserted against or incurred at any time and from time-to-time by reason of or arising out or connected in any way with (a) the presence or release of any Hazardous Materials in, on, under or about the License Area, the Property, or any portion thereof; (b) any Activities; (c) the use, generation, storage, treatment, handling, transportation, disposal or release of any Hazardous Materials by or for Licensee or any Licensee Party; or (d) the violation of any Hazardous Materials law by Licensee or any Licensee Party. Such indemnity obligation shall include any Claims for tangible or intangible property damage; compensation for lost wages, business income, profits or other economic loss; damage to the natural resource or the environment; nuisance; trespass; and/or contamination, leak,

spill, release or other adverse effect on the environment.

11. 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.

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

13. Enforceability; Interpretation. All duties and obligations of Licensee hereunder shall also be deemed to the duties and obligations of each Licensee Party, and Licensee shall be responsible for any breach of any provision of this Agreement by any Licensee Party. In the event that any of the provisions or portions of application of any of the provisions of this Agreement are held to be illegal or invalid by a court of competent jurisdiction, City and Licensee shall negotiate an equitable adjustment in the provisions of this Agreement with a view toward affecting the purpose of this Agreement. The illegality or invalidity of any of the provisions or portions of application of any of the provisions of this Agreement shall not affect the legality or enforceability of the remaining provisions or portions of application of any of the provisions of this Agreement. This Agreement shall be interpreted as though it was a product of a joint drafting effort and no provisions shall be interpreted against a party on the ground that said party was solely or primarily responsible for drafting the language to be interpreted.

Each party has received independent legal advice from its attorneys with respect to the advisability of executing this Agreement and the meaning of the provisions hereof.

Headings used in this Agreement are for convenience of reference only and shall not be used in construing this Agreement. Where the context so requires, the use of the singular shall include the plural and vice versa. The words “include” and “including” shall be interpreted as though followed by the words “without limitation.”

14. Integration. The recitals and any exhibits attached to this Agreement are incorporated by reference as though fully restated herein. This Agreement contains the entire agreement and understanding between the parties as to the subject matter of this Agreement, and merges and supersedes all prior or contemporaneous agreements, commitments, representation, writings, and discussions between Licensee and City, whether oral or written.

15. Successors and Assigns; No Third Party Beneficiaries; No Joint Venture .

Licensee binds itself and its successors and assigns to the terms and obligations of this Agreement. Licensee shall not assign or transfer any interest in this Agreement without the City’s prior written consent, which City may condition or withhold in its 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, or any joint venture, partnership, employment, or agency relationship between the parties.

16. Notices. All notices required hereunder shall be in writing and mailed postage prepaid by certified or registered first class United States mail, return receipt requested, or by personal delivery to the City’s address as shown below, or such other places as City or Licensee may, from time to time, respectively, designate in a written notice given to the other. Notices shall be deemed effectively served upon deposit in the United States Mail, or upon personal delivery.

To City: City of Concord
Attention: Public Works
Director 1455 Gasoline Alley,
MS/45 Concord, CA 94520
Telephone: (925) 671-3231
Email:
[email protected]
To Licensee: Golden State Family Farms 2, LLC
Abdul Yasini, Owner
345 Yosemite Street
Stockton, CA 95204
Telephone: (234) 755-5555
Email:

[email protected]

17. Non-Liability. Neither City nor any City Party shall be personally liable to Licensee or otherwise in the event of any default or breach of the City, or for any amount which may become due to Licensee or any successor in interest, or for any obligations directly or indirectly incurred under the terms of this Agreement.

18. Execution; Counterparts; Amendment. Each individual or entity executing this Agreement on behalf of Licensee represents and warrants that he or she or it is duly authorized to execute and deliver this Agreement on behalf of Licensee and that such execution is binding upon Licensee. 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. This Agreement may be amended or modified only by a writing duly executed by authorized representatives of both parties, and made and approved in compliance with the City of Concord Municipal Code.

19. No Title; No Recording. Nothing in this Agreement or any activities pursuant to this Agreement shall convey or create in Licensee any right, title or interest in the License Area, the Property, or any portion thereof. Licensee may not record this Agreement or a memorandum referring to this Agreement without City’s prior written consent, which City may condition or withhold in its sole discretion.

20. Survival. The terms and conditions of the following Sections shall survive any termination or expiration of this Agreement: Section 7 (Indemnification), Section 8 (Insurance), Section 9 (Compliance with Laws), Section 10 (Environmental Matters), Section 11 (Choice of Law), Section 17 (Non-Liability), and Section 20 (Survival).

IN WITNESS WHEREOF, City and Licensee have respectively entered into this Agreement as of the Effective Date.

LICENSEE: CITY:

Golden State Family Farms 2, LLC
a California limited liability company

CITY OF CONCORD,
a California municipal corporation
By: By:

Name: Abdul Yasini Valerie J. Barone, City Manager
Its: Owner
ATTEST:

By:

Joelle Fockler, MMC, City Clerk
APPROVED AS TO FORM:

By:

Susanne Meyer Brown, City Attorney

CLAYTON RD.

CONCORD BLVD.

GALINDO STREET
SCALE: 1 inch = 60 feet
Golden State Family Farms 2, LLC

PROPOSED PUMPKIN PATCH
APN 126-143-012-6

CONCORD, CA
DRAWN BY: HUAN NGUYEN
CONTACT: JERRY KLIMA
TELEPHONE: 503 975 8733
TENT
100’ X 100’

TOILETS

STORAGE

CONTAINER

DUMPSTER

PARKING

PARKING PARKING

ADA PARKINGADA PARKING
28’
EXIT
28’

ENTRANCE
160’
42’
35’
500’
245’
120’
30’
150’
350’

DUCK BUMPER

BOAT GAME
40’ X 35’
20’ X 25’
20’ X 25’
PAINT
BALL
RANGE
TENNIS
BALL
GAMES

HALLOWEEN

MAZE PHOTO

AND DISPLAY
AREA
HARD SLIDE 16’ X 100’
20’ X 25’
GAMES
WATER

BALLOON
20’ FIRE ACCESS LANESERVICE

ENTRANCE/ EXIT
20’ FIRE ACCESS LANE
20’ FIRE ACCESS LANE20’ FIRE ACCESS LANE
20’ FIRE ACCESS LANE
20’ FIRE ACCESS LANE
CANOPY
399
SQ FT
CANOPY
399
SQ FT
CANOPY
399
SQ FT
JUMPER
20’ X 20’
JUMPER
20’ X 20’

INFLATABLE SLIDE
35’ X 50’

INFLATABLE SLIDE
35’ X 50’

INFLATABLE SLIDE
35’ X 50’

PLAY AREA
40’ X 30’

REFLECTIVE POSTS

LIGHT UP REFLECTIVE POSTS
JUMPER
20’ X 20’
JUMPER
20’ X 20’
JUMPER
20’ X 20’
JUMPER
20’ X 20’

PEDESTRIAN ENTRANCE
PONY
RIDES
20’ X 20’

CROSSWALK CROSSWALK

CROSSWALK

CROSSWALK

CROSSWALK

WALKWAY
EE
E/E
E/E
E/E
EE
E/E

NO PARKING
= NO SMOKING SIGNS
= EMERGENCY EXIT
= ENTRANCE / EXIT
= FIRE EXTINGUISHER

CROSSWALK
TREE
TREE
TREE
TREE
TREE

PARKING
Parking lot circulation will require signs or ground markings that directs traffic to Clayton Road exit driveway, signs may be mounted on traffic cones
Exhibit A

CONCORD BLVD.

ENTRANCE
Golden State Family Farms 2, LLC

PROPOSED ENTRANCE
APN 126-143-012-6

CONCORD, CA NO PARKING

ENTRANCE ONLY NO EXIT
BANNER
28’

ENTRANCE
200’ FROM END OF DRIVEWAY TOWARDS GALINDO WITH ORANGE REFLECTIVE POSTS EVERY 5 FEET 1 1
1 Flex posts shall be installed every 5 feet for 200
feet from end of driveway towards Galindo
Street. Flex posts shall be installed to left of
travel lane line (i.e., not in line with traffic stripe but closer to curb of Concord Boulevard).

Curbside lane shall be at minimum 11-feet wide
Add One-Way (R6-1) signage
visible to parking lot and
Concord Boulevard traffic

EXIT ONLYEXIT ONLY
CLAYTON RD.

EXIT
Golden State Family Farms 2, LLC

PROPOSED EXIT
APN 126-143-012-6 CONCORD, CA

NO PARKING

LEFT HAND TURN ONLY EXIT
BANNER
28’
2 22
50’ PRIOR TO EXIT AND 50’ AFTER EXIT WITH ORANGE REFLECTIVE POSTS EVERY 5 FEET Flex posts shall be installed every 5 feet from
beginning of driveway to 50 feet beyond. Flex
posts shall be installed to left of travel lane line
(i.e., not in line with traffic stripe but closer to curb of Clayton Road). Curbside lane shall be at
minimum 11-feet wide
Exit signs shall be CA MUTCD standard Stop (R1-1)
and Left-Turn Only (R3-5(L)) signs. Vehicles must
stop at exit driveway prior to entering Clayton Road
traffic. Add One-Way (R6-1) signs visible to parking
lot and Clayton Road traffic.

Add No Left-Turn (R3-2) sign
for Clayton Road traffic at
driveway

CLAYTON RD.

CONCORD BLVD.

GALINDO STREET
SCALE: 1 inch = 60 feet
Golden State Family Farms 2, LLC

PROPOSED CHRISTMAS TREES
APN 126-143-012-6

CONCORD, CA
DRAWN BY: HUAN NGUYEN
CONTACT: JERRY KLIMA
TELEPHONE: 503 975 8733
TENT
100’ X 100’

TOILETS

STORAGE

CONTAINER

DUMPSTER

PARKING

PARKING

ADA PARKINGADA PARKING
160’
42’
35’
245’
120’
30’
150’
350’
20’ X 25’
20’ X 25’
PAINT
BALL
RANGE
TENNIS
BALL
GAMES
HARD SLIDE 16’ X 100’
20’ X 25’
GAMES
WATER

BALLOON

CHRISTMAS TREE

DISPLAY

CHRISTMAS TREE

DISPLAY
20’ FIRE ACCESS LANESERVICE

ENTRANCE/ EXIT
20’ FIRE ACCESS LANE
20’ FIRE ACCESS LANE20’ FIRE ACCESS LANE
20’ FIRE ACCESS LANE
20’ FIRE ACCESS LANE

CROSSWALK CROSSWALK

CROSSWALK

CROSSWALK

CROSSWALK

WALKWAY
EE
E/E
E/E
E/E
EE
E/E

NO PARKING
= NO SMOKING SIGNS
= EMERGENCY EXIT
= ENTRANCE / EXIT
= FIRE EXTINGUISHER
TREE
TREE
TREE
TREE
TREE

PARKING
28’
EXIT
28’

ENTRANCE
500’

REFLECTIVE POSTS

LIGHT UP REFLECTIVE POSTS

CROSSWALK

PEDESTRIAN ENTRANCE
Parking lot circulation will require signs or ground markings that directs traffic to Clayton Road exit driveway, signs may be mounted on traffic cones.

PARKING

CONCORD BLVD.

ENTRANCE
Golden State Family Farms 2, LLC

PROPOSED ENTRANCE
APN 126-143-012-6

CONCORD, CA NO PARKING

ENTRANCE ONLY NO EXIT
BANNER
28’

ENTRANCE
200’ FROM END OF DRIVEWAY TOWARDS GALINDO WITH ORANGE REFLECTIVE POSTS EVERY 5 FEET 1 1
1 Flex posts shall be installed every 5 feet for 200
feet from end of driveway towards Galindo
Street. Flex posts shall be installed to left of
travel lane line (i.e., not in line with traffic stripe but closer to curb of Concord Boulevard).

Curbside lane shall be at minimum 11-feet wide
Add One-Way (R6-1) signage
visible to parking lot and
Concord Boulevard traffic

EXIT ONLYEXIT ONLY
CLAYTON RD.

EXIT
Golden State Family Farms 2, LLC

PROPOSED EXIT
APN 126-143-012-6 CONCORD, CA

NO PARKING

LEFT HAND TURN ONLY EXIT
BANNER
28’
2 22
50’ PRIOR TO EXIT AND 50’ AFTER EXIT WITH ORANGE REFLECTIVE POSTS EVERY 5 FEET Flex posts shall be installed every 5 feet from
beginning of driveway to 50 feet beyond. Flex
posts shall be installed to left of travel lane line
(i.e., not in line with traffic stripe but closer to curb of Clayton Road). Curbside lane shall be at
minimum 11-feet wide
Exit signs shall be CA MUTCD standard Stop (R1-1)
and Left-Turn Only (R3-5(L)) signs. Vehicles must
stop at exit driveway prior to entering Clayton Road
traffic. Add One-Way (R6-1) signs visible to parking
lot and Clayton Road traffic.

Add No Left-Turn (R3-2) sign
for Clayton Road traffic at
driveway

Staff Report
Date: August 13, 2024
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Greg Taylor, Director of Information Technology Prepared by: Greg Beard, Customer Service Manager
[email protected]
(925) 341-3189
Subject: Considering approval of the purchase of ESRI licenses, maintenance, training and support using the Small
Government Enterprise License Agreement from ESRI
(Environmental Systems Research Institute) Inc. for a total not- to-exceed amount of $344,180 over three years, including a 10% contingency; and authorizing the City Manager to execute the Agreement in a form acceptable to the City Attorney. (General Fund)
CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c),
15061(b)(3), and/or 15378.

Report in Brief
The City of Concord utilizes Geographic Information System (GIS) technology for mapping and spatial analysis services for staff and residents. In 2017, the Information Technology Department completed a GIS Strategic Implementation Plan designed to guide the City towards building a robust and mature GIS. The Strategic Plan identified the need to expand the City’s GIS data and increase ESRI licensing to fully leverage the power of GIS. In 2021, in accordance with the GIS Strategic Plan, the City entered into a three-year Enterprise Agreement with ESRI and now uses it citywide for both geographic services as well as mapping integrations across City applications.

4.c4.c4.c

City Council Agenda Report
Agenda Item No. 4.c
August 13, 2024
The current, three-year, ESRI Enterprise Agreement expires in August 2024. The ESRI renewal will increase from $101,500 this year to an average of $104,297 per year for the next three-year agreement. After adding in a 10% contingency, the total not-to- exceed amount requested for the three years is $344,180. This will enable all staff and all Departments to fully leverage mapping, spatial analysis, and a myriad of data sets to accomplish City services. Funds are currently budgeted for the new agreement’s first year in the FY 24-25 IT Department budget. Years two and three will be budgeted in future budgets and the agreement will be dependent on Council approval of these future budgets otherwise reduced or eliminated.

Recommended Action
Authorize the City Manager to approve the purchase of ESRI licenses, maintenance, training and support using the Small Government Enterprise License Agreement from ESRI (Environmental Systems Research Institute) Inc. for an amount not to exceed $344,180 over three years, including a 10% contingency; and authorizing the City Manager to execute the Agreement in a form acceptable to the City Attorney; and make the CEQA determinations as provided in this staff report.

Background
The City of Concord contracts with ESRI (Environmental Systems Research Institute) Inc. for software mapping services, spatial analysis, data set transformations and application integrations. ESRI is the gold standard and is the basis of the City’s GIS program. ESRI is used by over 24,000 state and local governments worldwide including all 50 US state governments. The City’s current, three-year, agreement expires in August 2024 and requires renewal to continue using ESRI services. These critical technologies provide functionality that is required for City operations, and ultimately, services provided to the public.

Analysis
The ESRI agreements will provide staff with the licenses the City uses for mapping and spatial applications through the Small Government Enterprise Agreement Annual Subscription (SGEA) at a cost of $87,600 per year (Attachment 1). The City will also continue to have access to Economic and Business Demographics and Analytics as well as various application integrations through the Business Analyst Online Subscription and the GeoEvents Server Premium Software Maintenance at a cost of $240 and $5,725 respectively (Attachment 2). Lastly, staff also requests $10,500 per year for GIS training to ensure staff has the knowledge to properly use the tools provided.

The City’s mapping has all been created within the ESRI platform and thus cannot be modified or transferred to another product without substantial costs, staffing effort, and at a significant degradation of capability. This agreement enables all staff to access, collect, and share GIS data through interactive maps, exhibits, mobile applications and

City Council Agenda Report
Agenda Item No. 4.c
August 13, 2024
reports. The current software is only provided by ESRI and this request will consist of a sole source requisition.

Currently, ESRI licenses, maintenance, training and support costs are $101,500 for FY 23-24. The requested ESRI renewal will average $104,297 per year resulting in an increase of just under 3%. The specific costs for renewal by year are $104,065 for FY 24-25, $104,294 for FY 25-26, and $104,532 for FY 26-27. Staff also requests a contingency of 10% to allow for small, unexpected, software changes or needs. The total not-to-exceed cost requested for the three years, including the 10% contingency, is $344,180.

The following is the total expected cost breakdown:

Year SGEA Premium
Software
Maintenance*
Business Analyst
Online Subscription
Staff Training** Totals
1 $87,600 $5,725 $240 $10,500 $104,065
2 $87,600 $5,954 $240 $10,500 $104,294
3 $87,600 $6,192 $240 $10,500 $104,532
Three Year Total $312,891
With 10% added
Contingency
$344,180
*ESRI GeoEvent Server application is considered a premium app and not part of the SGEA **ESRI Training is currently $750 per day. Cost estimate is for 14 days of training per year.

Procurement Process
Pursuant to Municipal Code-Title 3 Revenue and Finance-Chapter 3.10 Purchasing, bidding regulations may be waived when there is only one verified vendor for the product or service. ESRI has confirmed that they are the sole source provider of all U.S. domestic Small Municipal and County Government Enterprise Agreements (EA). ESRI is integral to all mapping functions in the City, and as the industry standard, it is the optimal solution for the City.

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

City Council Agenda Report
Agenda Item No. 4.c
August 13, 2024
Financial Impact
All required funds are currently available for the contract’s first year in the FY 24-25 IT Department budget. Years two and three will be budgeted in future budgets. The ESRI agreements will be dependent on Council approval of these future budgets otherwise reduced or terminated.

Public Contact
The City Council Agenda was posted.

Attachments

1. Small Government Enterprise Agreement

2. GeoEvent Server Annual Maintenance and Business Analyst Quote

Quotation # Q-504072
Date: July 12, 2024
Environmental Systems Research Institute, Inc.
380 New York St
Redlands, CA 92373-8100
Phone: (909) 793-2853
DUNS Number: 06-313-4175 CAGE Code: 0AMS3
Customer # 40164 Contract #
City of Concord
Information Technology Dept
1950 Parkside Dr
Concord, CA 94519-2526
To expedite your order, please attach a copy of ATTENTION: Greg Beard this quotation to your purchase order. PHONE: 9256713196 Quote is valid from: 3/8/2024 To: 9/4/2024 EMAIL: [email protected] Material Qty Term Unit Price Total
168180 1 Year 1 $87,600.00 $87,600.00
Populations of 100,001 to 125,000 Small Government Enterprise Agreement Annual Subscription 168180 1 Year 2 $87,600.00 $87,600.00
Populations of 100,001 to 125,000 Small Government Enterprise Agreement Annual Subscription 168180 1 Year 3 $87,600.00 $87,600.00
Populations of 100,001 to 125,000 Small Government Enterprise Agreement Annual Subscription Subtotal: $262,800.00
Sales Tax: $0.00
Estimated Shipping and Handling (2 Day Delivery): $0.00 Contract Price Adjust: $0.00
Total: $262,800.00
Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program.

For questions contact:

Corey Welsh
Email:
[email protected]
Phone:
(916) 448-2412 x1736
The items on this quotation are subject to and governed by the terms of this quotation, the most current product specific scope of use document found at https://assets.esri.com/content/dam/esrisites/media/legal/product-specific-terms-of-use/e300.pdf, and your applicable signed agreement with Esri. If no such agreement covers any item quoted, then Esri’s standard terms and conditions found at https://go.esri.com/MAPS apply to your purchase of that item. If any item is quoted with a multi-year payment schedule, then unless otherwise stated in this quotation, Customer is required to make all payments without right of cancellation. Third-party data sets included in a quotation as separately licensed items will only be provided and invoiced if Esri is able to provide such data and will be subject to the applicable third-party's terms and conditions. If Esri is unable to provide any such data set, Customer will not be responsible for any further payments for the data set. US Federal government entities and US government prime contractors authorized under FAR 51.1 may purchase under the terms of Esri’s GSA Federal Supply Schedule. Supplemental terms and conditions found at
https://www.esri.com/en-us/legal/terms/state-supplemental apply to some US state and local government purchases. All terms of this quotation will be incorporated into and become part of any additional agreement regarding Esri’s offerings. Acceptance of this quotation is limited to the terms of this quotation. Esri objects to and expressly rejects any different or additional terms contained in any purchase order, offer, or confirmation sent to or to be sent by buyer. Unless prohibited by law, the quotation information is confidential and may not be copied or released other than for the express purpose of system selection and purchase/license. The information may not be given to outside parties or used for any other purpose without consent from Esri. Delivery is FOB Origin for customers located in the USA.

WELSHC This offer is limited to the terms and conditions incorporated and attached herein.

Attachment 1

Esri Use Only:

Cust. Name
Cust. #
PO #
Esri Agreement #

SMALL ENTERPRISE AGREEMENT

COUNTY AND MUNICIPALITY GOVERNMENT
(E214-4)

This Agreement is by and between the organization identified in the Quotation ("Customer") and Environmental Systems Research Institute, Inc. ("Esri").

This Agreement sets forth the terms for Customer's use of Products and incorporates by reference (i) the Quotation and (ii) the Master Agreement. Should there be any conflict between the terms and conditions of the documents that comprise this Agreement, the order of precedence for the documents shall be as follows: (i) the Quotation, (ii) this Agreement, and (iii) the Master Agreement. This Agreement shall be governed by and construed in accordance with the laws of the state in which Customer is located without reference to conflict of laws principles, and the United States of America federal law shall govern in matters of intellectual property. The modifications and additional rights granted in this Agreement apply only to the Products listed in Table A.

Table A
List of Products

Uncapped Quantities
Desktop Software and Extensions (Single Use)
ArcGIS Desktop Advanced
ArcGIS Desktop Standard
ArcGIS Desktop Basic
ArcGIS Desktop Extensions: ArcGIS 3D Analyst,
ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst,
ArcGIS Publisher, ArcGIS Network Analyst, ArcGIS
Schematics, ArcGIS Workflow Manager, ArcGIS Data
Reviewer

Enterprise Software and Extensions
ArcGIS Enterprise (Advanced and Standard)
ArcGIS Monitor
ArcGIS Enterprise Extensions: ArcGIS 3D Analyst,
ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst,
ArcGIS Network Analyst, ArcGIS Schematics, ArcGIS
Workflow Manager, ArcGIS Data Reviewer

Enterprise Additional Capability Servers
ArcGIS Image Server

Developer Tools
ArcGIS Runtime Standard
ArcGIS Runtime Analysis Extension

Limited Quantities
One (1) Professional subscription to ArcGIS Developer
Two (2) ArcGIS CityEngine Single Use Licenses
500 ArcGIS Online Viewers
500 ArcGIS Online Creators
62,500 ArcGIS Online Service Credits
500 ArcGIS Enterprise Creators
7 ArcGIS Insights in ArcGIS Enterprise
7 ArcGIS Insights in ArcGIS Online
100 ArcGIS Location Sharing User Type Extension (Enterprise) 100 ArcGIS Location Sharing User Type Extension (Online) 15 ArcGIS Advanced Editing User Type Extension (Enterprise)

OTHER BENEFITS

Number of Esri User Conference registrations provided annually 4 Number of Tier 1 Help Desk individuals authorized to call Esri 4 Maximum number of sets of backup media, if requested* 2 Five percent (5%) discount on all individual commercially available instructor-led training classes at Esri facilities purchased outside this Agreement
*Additional sets of backup media may be purchased for a fee

Customer may accept this Agreement by signing and returning the whole Agreement with (i) the Quotation attached, (ii) a purchase order, or (iii) another document that matches the Quotation and references this Agreement ("Ordering Document"). ADDITIONAL OR CONFLICTING TERMS IN CUSTOMER'S PURCHASE

ORDER OR OTHER DOCUMENT WILL NOT APPLY, AND THE TERMS OF THIS AGREEMENT WILL GOVERN. This Agreement is effective as of the date of Esri's receipt of an Ordering Document, unless otherwise agreed to by the parties ("Effective Date").

Term of Agreement: Three (3) years

This Agreement supersedes any previous agreements, proposals, presentations, understandings, and arrangements between the parties relating to the licensing of the Products. Except as provided in Article 4— Product Updates, no modifications can be made to this Agreement.

Accepted and Agreed:

(Customer)

By:

Authorized Signature

Printed Name:

Title:

Date:

CUSTOMER CONTACT INFORMATION

Contact: Telephone:

Address: Fax:

City, State, Postal Code: E-mail:

Country:

Quotation Number (if applicable):

1.0—ADDITIONAL DEFINITIONS

In addition to the definitions provided in the Master
Agreement, the following definitions apply to this
Agreement:

"Case" means a failure of the Software or Online
Services to operate according to the Documentation
where such failure substantially impacts operational
or functional performance.

"Deploy", "Deployed" and "Deployment" mean to
redistribute and install the Products and related
Authorization Codes within Customer's
organization(s).

"Fee" means the fee set forth in the Quotation.

"Maintenance" means Tier 2 Support, Product
updates, and Product patches provided to Customer
during the Term of Agreement.

"Master Agreement" means the applicable master
agreement for Esri Products incorporated by this
reference that is (i) found at https://www.esri.com/en- us/legal/terms/full-master-agreement and available in
the installation process requiring acceptance by
electronic acknowledgment or (ii) a signed Esri
master agreement or license agreement that
supersedes such electronically acknowledged
master agreement.

"Product(s)" means the products identified in
Table A—List of Products and any updates to the list
Esri provides in writing.

"Quotation" means the offer letter and quotation
provided separately to Customer.

"Technical Support" means the technical
assistance for attempting resolution of a reported
Case through error correction, patches, hot fixes,
workarounds, replacement deliveries, or any other
type of Product corrections or modifications.

"Tier 1 Help Desk" means Customer's point of
contact(s) to provide all Tier 1 Support within
Customer's organization(s).

"Tier 1 Support" means the Technical Support
provided by the Tier 1 Help Desk.

"Tier 2 Support" means the Esri Technical Support
provided to the Tier 1 Help Desk when a Case
cannot be resolved through Tier 1 Support.

2.0—ADDITIONAL GRANT OF LICENSE

2.1 Grant of License. Subject to the terms and
conditions of this Agreement, Esri grants to
Customer a personal, nonexclusive,
nontransferable license solely to use, copy, and
Deploy quantities of the Products listed in
Table A—List of Products for the Term of
Agreement (i) for the applicable Fee and (ii) in
accordance with the Master Agreement.

2.2 Consultant Access. Esri grants Customer the
right to permit Customer's consultants or
contractors to use the Products exclusively for
Customer's benefit. Customer will be solely
responsible for compliance by consultants and
contractors with this Agreement and will ensure
that the consultant or contractor discontinues
use of Products upon completion of work for
Customer. Access to or use of Products by
consultants or contractors not exclusively for
Customer's benefit is prohibited. Customer may
not permit its consultants or contractors to install
Software or Data on consultant, contractor, or
third-party computers or remove Software or
Data from Customer locations, except for the
purpose of hosting the Software or Data on
Contractor servers for the benefit of Customer.

3.0—TERM, TERMINATION, AND EXPIRATION

3.1 Term. This Agreement and all licenses
hereunder will commence on the Effective Date
and continue for the duration identified in the
Term of Agreement, unless this Agreement is
terminated earlier as provided herein. Customer
is only authorized to use Products during the
Term of Agreement. For an Agreement with a
limited term, Esri does not grant Customer an
indefinite or a perpetual license to Products.

3.2 No Use upon Agreement Expiration or
Termination. All Product licenses, all
Maintenance, and Esri User Conference
registrations terminate upon expiration or
termination of this Agreement.

3.3 Termination for a Material Breach. Either party
may terminate this Agreement for a material
breach by the other party. The breaching party
will have thirty (30) days from the date of written
notice to cure any material breach.

3.4 Termination for Lack of Funds. For an
Agreement with government or government-

owned entities, either party may terminate this
Agreement before any subsequent year if
Customer is unable to secure funding through
the legislative or governing body's approval
process.

3.5 Follow-on Term. If the parties enter into
another agreement substantially similar to this
Agreement for an additional term, the effective
date of the follow-on agreement will be the day
after the expiration date of this Agreement.

4.0—PRODUCT UPDATES

4.1 Future Updates. Esri reserves the right to
update the list of Products in Table A—List of
Products by providing written notice to
Customer. Customer may continue to use all
Products that have been Deployed, but support
and upgrades for deleted items may not be
available. As new Products are incorporated into
the standard program, they will be offered to
Customer via written notice for incorporation into
the Products schedule at no additional charge.

Customer's use of new or updated Products
requires Customer to adhere to applicable
additional or revised terms and conditions in the
Master Agreement.

4.2 Product Life Cycle. During the Term of
Agreement, some Products may be retired or
may no longer be available to Deploy in the
identified quantities. Maintenance will be subject
to the individual Product Life Cycle Support
Status and Product Life Cycle Support Policy,
which can be found at
https://support.esri.com/en/other-
resources/product-life-cycle. Updates for
Products in the mature and retired phases may
not be available. Customer may continue to use
Products already Deployed, but Customer will
not be able to Deploy retired Products.

5.0—MAINTENANCE

The Fee includes standard maintenance benefits
during the Term of Agreement as specified in the
most current applicable Esri Maintenance and
Support Program document (found at
https://www.esri.com/en-
us/legal/terms/maintenance). At Esri's sole
discretion, Esri may make patches, hot fixes, or
updates available for download. No Software other
than the defined Products will receive Maintenance.

Customer may acquire maintenance for other
Software outside this Agreement.

a. Tier 1 Support

1. Customer will provide Tier 1 Support
through the Tier 1 Help Desk to all
Customer's authorized users.

2. The Tier 1 Help Desk will be fully trained in
the Products.

3. At a minimum, Tier 1 Support will include
those activities that assist the user in
resolving how-to and operational questions
as well as questions on installation and
troubleshooting procedures.

4. The Tier 1 Help Desk will be the initial point
of contact for all questions and reporting of a
Case. The Tier 1 Help Desk will obtain a full
description of each reported Case and the
system configuration from the user. This
may include obtaining any customizations,
code samples, or data involved in the Case.

5. If the Tier 1 Help Desk cannot resolve the
Case, an authorized Tier 1 Help Desk
individual may contact Tier 2 Support. The
Tier 1 Help Desk will provide support in such
a way as to minimize repeat calls and make
solutions to problems available to
Customer’s organization.

6. Tier 1 Help Desk individuals are the only
individuals authorized to contact Tier 2
Support. Customer may change the Tier 1
Help Desk individuals by written notice to
Esri.

b. Tier 2 Support

1. Tier 2 Support will log the calls received
from Tier 1 Help Desk.

2. Tier 2 Support will review all information
collected by and received from the Tier 1
Help Desk including preliminary documented
troubleshooting provided by the Tier 1 Help
Desk when Tier 2 Support is required.

3. Tier 2 Support may request that Tier 1 Help
Desk individuals provide verification of
information, additional information, or
answers to additional questions to

supplement any preliminary information
gathering or troubleshooting performed by
Tier 1 Help Desk.

4. Tier 2 Support will attempt to resolve the
Case submitted by Tier 1 Help Desk.

5. When the Case is resolved, Tier 2 Support
will communicate the information to Tier 1
Help Desk, and Tier 1 Help Desk will
disseminate the resolution to the user(s).

6.0—ENDORSEMENT AND PUBLICITY

This Agreement will not be construed or interpreted
as an exclusive dealings agreement or Customer's
endorsement of Products. Either party may publicize
the existence of this Agreement.

7.0—ADMINISTRATIVE REQUIREMENTS

7.1 OEM Licenses. Under Esri's OEM or Solution
OEM programs, OEM partners are authorized to
embed or bundle portions of Esri products and
services with their application or service. OEM
partners' business model, licensing terms and
conditions, and pricing are independent of this
Agreement. Customer will not seek any discount
from the OEM partner or Esri based on the
availability of Products under this Agreement.

Customer will not decouple Esri products or
services from the OEM partners' application or
service.

7.2 Annual Report of Deployments. At each
anniversary date and ninety (90) calendar days
prior to the expiration of this Agreement,
Customer will provide Esri with a written report
detailing all Deployments. Upon request,
Customer will provide records sufficient to verify
the accuracy of the annual report.

8.0—ORDERING, ADMINISTRATIVE

PROCEDURES, DELIVERY, AND

DEPLOYMENT

8.1 Orders, Delivery, and Deployment

a. Upon the Effective Date, Esri will invoice
Customer and provide Authorization Codes to
activate the nondestructive copy protection
program that enables Customer to download,
operate, or allow access to the Products. If this
is a multi-year Agreement, Esri may invoice the
Fee up to thirty (30) calendar days before the
annual anniversary date for each year.

b. Undisputed invoices will be due and payable
within thirty (30) calendar days from the date of
invoice. Esri reserves the right to suspend
Customer's access to and use of Products if
Customer fails to pay any undisputed amount
owed on or before its due date. Esri may charge
Customer interest at a monthly rate equal to the
lesser of one percent (1.0%) per month or the
maximum rate permitted by applicable law on
any overdue fees plus all expenses of collection
for any overdue balance that remains unpaid
ten (10) days after Esri has notified Customer of
the past-due balance.

c. Esri's federal ID number is 95-2775-732.

d. If requested, Esri will ship backup media to the
ship-to address identified on the Ordering
Document, FOB Destination, with shipping
charges prepaid. Customer acknowledges that
should sales or use taxes become due as a
result of any shipments of tangible media, Esri
has a right to invoice and Customer will pay any
such sales or use tax associated with the receipt
of tangible media.

8.2 Order Requirements. Esri does not require
Customer to issue a purchase order. Customer
may submit a purchase order in accordance with
its own process requirements, provided that if
Customer issues a purchase order, Customer
will submit its initial purchase order on the
Effective Date. If this is a multi-year Agreement,
Customer will submit subsequent purchase
orders to Esri at least thirty (30) calendar days
before the annual anniversary date for each
year.

a. All orders pertaining to this Agreement will be
processed through Customer's centralized point
of contact.

b. The following information will be included in
each Ordering Document:

(1) Customer name; Esri customer number, if
known; and bill-to and ship-to addresses
(2) Order number
(3) Applicable annual payment due

9.0—MERGERS, ACQUISITIONS, OR

DIVESTITURES

If Customer is a commercial entity, Customer will
notify Esri in writing in the event of (i) a
consolidation, merger, or reorganization of Customer
with or into another corporation or entity;
(ii) Customer's acquisition of another entity; or (iii) a transfer or sale of all or part of Customer's
organization (subsections i, ii, and iii, collectively
referred to as "Ownership Change"). There will be
no decrease in Fee as a result of any Ownership
Change.

9.1 If an Ownership Change increases the
cumulative program count beyond the maximum
level for this Agreement, Esri reserves the right
to increase the Fee or terminate this Agreement
and the parties will negotiate a new agreement.

9.2 If an Ownership Change results in transfer or
sale of a portion of Customer's organization, that
portion of Customer's organization will transfer
the Products to Customer or uninstall, remove,
and destroy all copies of the Products.

9.3 This Agreement may not be assigned to a
successor entity as a result of an Ownership
Change unless approved by Esri in writing in
advance. If the assignment to the new entity is
not approved, Customer will require any
successor entity to uninstall, remove, and
destroy the Products. This Agreement will
terminate upon such Ownership Change.

Subject: Renewal Quotation
Date: 05/20/2024
To: Greg Beard
Organization: City of Concord
Information Technology Dept
Fax #: 925-671-3198 Phone #: 925-671-3051
From: Daniella Resendez
Fax #: Phone #: +19093692684 Ext. 2684
Email: [email protected]
Number of pages transmitted Quotation #26214621
(including this cover sheet): 3 Document Date: 05/20/2024 Please find the attached quotation for your forthcoming term. Keeping your term current may entitle you to exclusive benefits, and if you choose to discontinue your coverage, you will become ineligible for these valuable benefits and services.

If your quote is regarding software maintenance renewal, visit the following website for details regarding the maintenance program benefits at your licensing level
http://www.esri.com/apps/products/maintenance/qualifying.cfm All maintenance fees from the date of discontinuation will be due and payable if you decide to reactivate your coverage at a later date.

Please note: Certain programs and license types may have varying benefits. Complimentary User Conference registrations, software support, and software and data updates are not included in all programs.

Customers who have multiple copies of certain Esri licenses may have the option of supporting some of their licenses with secondary maintenance.

For information about the terms of use for Esri products as well as purchase order terms and conditions, please visit
http://www.esri.com/legal/licensing/software-license.html If you have any questions or need additional information, please contact Customer Service at 888-377-4575 option 5.

Esri Inc
380 New York Street
Redlands CA 92373
Attachment 2

10 1 161337 5,725.00 5,725.00
ArcGIS GeoEvent Server Up to Four Cores Maintenance
Start Date: 08/13/2024
End Date: 08/12/2025
1010 3 178625 80.00 240.00
ArcGIS Business Analyst Web App Standard Online Annual Subscription Start Date: 08/13/2024
End Date: 08/12/2025
Subscription ID: 7870050114
Item Subtotal 5,965.00
Estimated Tax 0.00
Total USD 5,965.00
DUNS/CEC: 06-313-4175 CAGE: 0AMS3
City of Concord
Information Technology Dept
MS 05
1950 Parkside Dr
Concord CA 94519-2526
Attn: Greg Beard
Email: [email protected]
_______________________________________________________________________ Please note Esri has introduced a price change and this quote reflects current pricing for your organization. It is important to us that we are able to continue to deliver value through enhancements to products, solutions, and capabilities.

Your renewal provides access to all the benefits you are familiar with, which you can review at https://go.esri.com/maintenance For questions related to the price change, please reach out to your assigned Esri Account Manager.

Quotation is valid for 90 days from document date.

Any estimated sales and/or use tax has been calculated as of the date of this quotation and is merely provided as a convenience for your organization's budgetary purposes. Esri reserves the right to adjust and collect sales and/or use tax at the actual date of invoicing. If your organization is tax exempt or pays state taxes directly, then prior to invoicing, your organization must provide Esri with a copy of a current tax exemption certificate issued by your state's taxing authority for the given jurisdiction.

Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program.

To expedite your order, please reference your customer number and this quotation number on your purchase order.

Send Purchase Orders To:

Environmental Systems Research Institute, Inc.
380 New York Street
Redlands, CA 92373-8100
Attn: Daniella Resendez
Please include the following remittance address
on your Purchase Order:

Environmental Systems Research Institute, Inc.

P.O. Box 741076
Los Angeles, CA 90074-1076
Item Qty Material# Unit Price Extended Price _______________________________________________________________________________ _______________________________________________________________________________ Date: 05/20/2024 Quotation Number: 26214621 Contract Number: SMALL GOVT ELA US 380 New York Street
Redlands, CA 92373
Phone: +190936926842684
Customer Number: 40164
For questions regarding this document, please contact Customer Service at 888-377-4575.

Quotation
_______________________________________________________________________________

Renew online by using a credit card, purchase order, or by requesting an invoice at https://www.esri.com/en-us/quote-order/renew.

If there are any changes required to your quotation please respond to this email and indicate any changes in your invoice authorization.

If you choose to discontinue your support, you will become ineligible for support benefits and services. All maintenance fees from the date of discontinuation will be due and payable if you decide to reactivate your support coverage at a later date.

The items on this quotation are subject to and governed by the terms of this quotation, the most current product specific scope of use document found at
http://assets.esri.com/content/dam/esrisites/media/legal/product-specific-terms-of-use/e300.pdf , and your applicable signed agreement with Esri. If no such agreement covers any item quoted, then Esri's standard terms and conditions found at http://assets.esri.com/content/dam/esrisites/media/legal/ma-full/ma-full.pdf apply to your purchase of that item. Federal government entities and government prime contractors authorized under FAR 51.1 may purchase under the terms of Esri's GSA Federal Supply Schedule. Supplemental terms and conditions found at http://www.esri.com/en-us/legal/terms/state-supplemental apply to some state and local government purchases. All terms of this quotation will be incorporated into and become part of any additional agreement regarding Esri's offerings.

Acceptance of this quotation is limited to the terms of this quotation. Esri objects to and expressly rejects any different or additional terms contained in any purchase order, offer, or confirmation sent to or to be sent by buyer. Unless prohibited by law, the quotation information is confidential and may not be copied or released other than for the express purpose of system selection and purchase/license. The information may not be given to outside parties or used for any other purpose without consent from Esri. Delivery is FOB Origin.

In order to expedite processing, please reference the quotation number and any/all applicable Esri contract number(s) (e.g.

MPA, EA, GSA, BPA) on your ordering document.

Item Qty Material# Unit Price Extended Price _______________________________________________________________________________ _______________________________________________________________________________

Date: 05/20/2024 Quotation No: 26214621 Customer No: 40164 Contract No: SMALL GOVT ELA US 380 New York Street
Redlands, CA 92373
Phone: +190936926842684
Quotation

Staff Report
Date: August 13, 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 approval of a Cooperative Agreement with the City of Pleasant Hill to construct a complete streets project on Sunvalley Blvd in the amount of $440,000 (Contra Costa
Improvement Project, Project No. 2637); and authorizing the City Manager to execute the Cooperative Agreement, subject to approval of the City Attorney.

For CEQA purposes, the City of Pleasant Hill is considered to be the “lead agency” pursuant to CEQA Guidelines Sec.
15051(a) and (d).

Report in Brief
A Cooperative Agreement with the City of Pleasant Hill is required to construct the Contra Costa Improvement Project (City of Pleasant Hill Project No. 02-23 and City of Concord Project No. 2637) (Project) in the amount of $440,000. The complete streets project is predominantly located on Contra Costa Blvd from Viking Dr to Harriet Dr. A portion of the project is located in the City of Concord on Sunvalley Blvd (Contra Costa Blvd to Santa Monica Drive).

The City of Pleasant Hill is the lead agency responsible for design, CEQA review, construction, construction management, and overall project administration.

4.d4.d4.d4.d

City Council Agenda Report
Agenda Item No. 4.d
August 13, 2024
Recommended Action
Approve a Cooperative Agreement (Agreement) withy the City of Pleasant Hill to construct a complete streets project in the amount of $440,000 (Contra Costa Improvement Project, Project No. 2637); and authorize the City Manager to execute the Cooperative Agreement, subject to approval of the City Attorney.

Background
The Contra Costa Blvd Improvement Project (City of Pleasant Hill Project No. 02-23 and City of Concord Project No. 2637) (Project) was created as part of the Two-year CIP Budget for Fiscal Years 2022-23 and 2023-24 adopted by City Council (Council) on June 28, 2022, to support the design of the Project
The complete streets project is being performed by the City of Pleasant Hill (Pleasant Hill) and is predominantly located on Contra Costa Blvd from Viking Dr to Harriet Dr. A portion of the project is located in the City of Concord (Concord) on Sunvalley Blvd (Contra Costa Blvd to Santa Monica Drive). See Location Map (Attachment 1).

The Project includes pavement rehabilitation, upgrading traffic signals, and improving pedestrian and bicycle safety with Class II buffered bike lanes. Work will also include curb ramp improvements, concrete repairs, adjustment of utilities, lighting, bioretention facilities, restriping, and new signage.

Pleasant Hill is the lead agency responsible for design, CEQA review, advertisement, award, construction, construction management, and overall project administration.

Concord provided design feedback and will inspect the work within the Concord city limits, in accordance with Concord standards.

Analysis
The Project was advertised for construction and bids were opened on February 27, 2024. Six (6) bids were received in the amount ranging from $6,204,897 to $7,340,000.

The Engineer’s Estimate for the Total Bid was $7,270,000.

On March 11, 2024, staff from both Concord and Pleasant Hill met to discuss the bid results, terms, and came to a verbal agreement. On April 2, 2024, a Commitment Letter (Attachment 2, Exhibit A) was sent to Pleasant Hill affirming the results of the meeting.

Concord will cover the $440,000 share of the work within the Concord city limits on Sunvalley Blvd. This amount reflects Concord’s fair share for all work, including concrete, asphalt, signage, and striping, and 25% of the cost of the traffic signal modification at Contra Costa Blvd and Sunvalley Blvd. This contribution reflects our shared dedication to enhancing the infrastructure and amenities for the benefit of our communities.

City Council Agenda Report
Agenda Item No. 4.d
August 13, 2024
On April 15, 2024, Pleasant Hill awarded a construction contract to Redgwick Construction Co. for the Project. Park Engineering was selected as the Construction Manager for the Project.

Construction for the Project began June 3, 2024, and is anticipated to be completed Spring 2025, weather permitting.

Concord included additional funds for the Project in the Capital Budget approved by Council on June 25, 2024, to cover the $440,000 share of the work within the Concord city limits on Sunvalley Blvd.

Financial Impact
The Project budget consisting of $75,000 of Measure V (Fund 407) and $500,000 of Measure J (Fund 475) funds is sufficient to fully fund the cost of this work.

The Cooperative Agreement for Project No. 2637 will allow Concord to reimburse the Pleasant Hill $440,000 for the construction of the Project.

Environmental Determination
For purposes of the California Environmental Quality Act (“CEQA”) of 1970, as amended, Pleasant Hill would be considered the “lead agency” in connection with the construction of the Contra Costa Improvement Project (Project No. 2637) because Pleasant Hill is responsible for the design and construction of the Project. Accordingly, Concord is not responsible for conducting any further environmental review of the Project (CEQA Guidelines Section 15051(a) and (d)).

Public Contact
The City Council Agenda was posted.

Attachments

1. Project Location Map

2. Cooperative Agreement between the City of Concord and City of Pleasant Hill for the Contra Costa Improvement Project (Project No. 2637) with Exhibit A, Commitment Letter

ATTACHMENT 1
Project Location Map
Contra Costa Blvd Improvement Project
City of Pleasant Hill Project No. 02-23
City of Concord Project No. 2637
City of Concord
(Sunvalley Blvd)
City of
Pleasant Hill

1 COOPERATIVE AGREEMENT BETWEEN

THE CITY OF PLEASANT HILL AND THE CITY OF CONCORD

FOR THE CONTRA COSTA BOULEVARD IMPROVEMENT PROJECT (VIKING

DRIVE TO HARRIET DRIVE)
This AGREEMENT is entered into on the ____day of ________, 2024, between the City of Pleasant Hill, a municipal corporation of the State of California, hereinafter called “Pleasant Hill” and the City of Concord, a municipal corporation of the State of California, hereinafter “Concord.” Pleasant Hill and Concord are sometimes referred to herein individually as “Party” and collectively as “Parties.”

RECITALS
WHEREAS, Pleasant Hill has adopted the FY 2022-2027 Capital Improvement Plan, which includes the Contra Costa Boulevard Project (Viking Drive to Harriet Drive), Project No. 02-23 (Project) as a funded project; and
WHEREAS, the Contra Costa Boulevard Improvement Project (Viking Drive to Harriet Drive), Pleasant Hill Project 02-23, Concord Project No. 2637, will construct “complete streets” enhancements along Contra Costa Boulevard (CCB), between Viking Drive and Harriet Drive to improve access and safety for pedestrians, bicyclists, transit riders, and vehicles along the Project corridor; and
WHEREAS, the Project includes the construction of enhancements at the intersection of CCB and Sunvalley Blvd, which include new ADA-compliant curb ramps, median improvements, traffic lane reconfiguration, traffic signal upgrades, signage and striping improvements; and WHEREAS, a portion of the improvements at the intersection of CCB and Sunvalley Blvd are located within Concord city limits (“Concord portion of the Project”); and WHEREAS, Pleasant Hill has designed, advertised, and awarded the construction contract of the Project; and
WHEREAS, it is the intent of the Parties to enter into this Cooperative Agreement to establish and coordinate the responsibilities of the Parties with respect to the Concord portion of the Project, all as further set forth herein; and
WHEREAS, pursuant to the terms of this Cooperative Agreement, Pleasant Hill shall manage and engage the services of a contractor to complete the Concord portion of the Project NOW THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, it is mutually understood and agreed by Pleasant Hill and Concord as follows:

TERMS

1. Incorporation of Recitals. The recitals set forth above are true and correct and are incorporated into this Cooperative Agreement as though fully set forth herein.

Attachment 1

2 2. Term. This Cooperative Agreement shall be effective as of the date first set forth above and shall continue in effect until the Project is complete, as evidenced by Pleasant Hill’s recording of a notice of completion for the Project.

3. General Agreement to Cooperate. The Parties agree to mutually cooperate in order to help ensure that the Project is successfully completed with minimum impact to both Parties, and the public.

4. Obligations of Concord.

4.1 Concord shall reimburse Pleasant Hill for the construction of improvements within the Concord portion of the Project in the amount of Four Hundred Forty Thousand Dollars ($440,000) (“Concord Portion of Project Cost”), including a contingency, as set forth in the April 2, 2024, Commitment letter attached as Exhibit A. In the event the actual cost of the Concord portion of the Project is expected to exceed the Concord Portion of Project Cost, Pleasant Hill shall notify Concord before authorizing additional work. Pleasant Hill and Concord staff will work cooperatively to amend this Cooperative Agreement to reflect the actual cost of the Concord portion of the Project.

4.2 Concord shall remit payment to reimburse Pleasant Hill for costs associated with the Project within thirty (30) days of receipt of an invoice from Pleasant Hill for work performed on the Project.

4.3 Concord shall act promptly in providing all necessary support and approvals for the Concord portion of the Project.

4.4 Concord shall be solely responsible for all future maintenance thereof following its acceptance of the Concord portion of the Project pursuant to the Agreement.

5. Obligations of Pleasant Hill.

5.1 Pleasant Hill shall be responsible for procuring all planning, design, construction management, and construction services necessary to complete the Project. Pleasant Hill shall be responsible for the process of selecting a construction management firm and contractor to complete the Project in compliance with all applicable local, state, and federal laws, including, without limitation, the California Public Contract Code and the California Labor Code, and shall additionally be responsible for obtaining all applicable permits necessary to complete the Project.

5.2 Pleasant Hill will invoice Concord on a monthly basis. Pleasant Hill shall prepare invoices with a progress report that indicates the amount of the Project budget expended in furtherance of the Concord portion of the Project and will provide such invoices to Concord for reimbursement.

5.3 Pleasant Hill shall require the contractor on the Project to obtain a no-fee encroachment permit from Concord. The contractor shall meet all Concord encroachment permit requirements.

3 5.4 Pleasant Hill shall allow Concord staff access to the Concord portion of the Project site, at all reasonable times and upon advance notice, to perform observation and construction inspection of any Project improvements within Concord.

5.5 Pleasant Hill shall provide Concord with as-built record drawings and AutoCAD files for the Project improvements within Concord after the acceptance of the Concord portion of the Project by Concord.

5.6 Pleasant Hill shall incur all costs associated with the planning, design, construction management, and inspection of the Project.

5.7 Pleasant Hill shall include, in its contract with the contractor on the Project, a requirement that contractor include Concord, its officials, officers, employees and agents as additional insureds and shall cause the contractor to indemnify Concord, its officials, officers, employees and agents to the same extent that Pleasant Hill is indemnified under the construction contract.

6. Dispute Resolution. Unless otherwise specified herein, the Parties shall submit any unresolved dispute to Concord’s City Manager and Pleasant Hill’s City Manager for negotiation.

The Parties agree to undertake good faith attempts to resolve said dispute, claim, or controversy within ten (10) calendar days after the receipt of written notice from the Party alleging that a dispute, claim, or controversy exists. The Parties additionally agree to cooperate with the other Party in scheduling negotiation sessions. However, if said matter is not resolved within thirty (30) calendar days after conducting the first negotiating session, either Party may, but is not required to, request that the matter be submitted to further dispute resolution procedures, as may be agreed upon by the Parties.

7. Legal Action. If a matter is not resolved within thirty (30) calendar days after the first negotiating session between the Parties, unless otherwise agreed upon in writing by the Parties, either Party may proceed with any other remedy available in law or in equity.

8. Indemnification. Each Party shall indemnify, defend and hold the other Party, its officials, officers, employees, agents, consultants and contractors free and harmless from any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or in equity, to property or persons, including wrongful death, in any manner arising out of or incident to any negligent acts or omissions or willful misconduct of the indemnifying Party, its officials, officers, employees, agents, consultants or contractors in the performance of the indemnifying Party’s obligations under this Cooperative Agreement, including the payment of all reasonable attorneys’ fees.

9. Written Notices. All notices permitted or required under this Cooperative Agreement shall be given to the respective parties at the following address or at such other address as the respective parties may provide in writing for this purpose:

PLEASANT HILL: CONCORD:

City of Pleasant Hill City of Concord
100 Gregory Lane 1950 Parkside Drive, MS/52

4 Pleasant Hill, CA 94523 Concord, CA 94519
Attn: Ann James, Public Works Director Attn: Carlton Thompson, City Engineer Such notice shall be deemed made when personally delivered or when mailed forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

10. Amendments. This Cooperative Agreement may be amended at any time by the mutual consent of the Parties by an instrument in writing.

11. Assignment of Cooperative Agreement. Neither Party may assign nor transfer its respective rights or obligations under this Cooperative Agreement without the express written consent of the other Party. Any purported assignment or transfer by one Party without the express written consent of the other Party shall be null and void and of no force or effect.

12. Waiver. No delay or omission in the exercise of any right or remedy of a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of either Party shall be deemed to waive or render unnecessary such Party’s consent to or approval of any subsequent act of the other Party. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Cooperative Agreement.

13. Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Cooperative Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Cooperative Agreement, which shall be interpreted to carry out the intent of the parties hereunder.

14. Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Cooperative Agreement shall survive any such expiration or termination.

15. Third Party Beneficiaries. There are no third-party beneficiaries to this Cooperative Agreement.

16. Entire Agreement. This Cooperative Agreement contains the entire agreement of the Parties relating to the subject matter hereof and supersedes all prior negotiations, agreements, and understandings.
[SIGNATURES OF FOLLOWING PAGE]

5 SIGNATURE PAGE
TO

COOPERATIVE AGREEMENT

BETWEEN

THE CITY OF PLEASANT HILL
AND

THE CITY OF CONCORD

FOR THE CONTRA COSTA BOULEVARD IMPROVEMENT PROJECT
(VIKING DRIVE TO HARRIET DRIVE)
IN WITNESS WHEREOF, the Parties hereto have executed this Cooperative Agreement on the date first herein above written.

CITY OF PLEASANT HILL CITY OF CONCORD
By: By:

Ethan Bindernagel, City Manager Valerie J Barone, City Manager ATTEST: ATTEST:

By: By:

Lyone Conner, City Clerk Joelle Fockler, City Clerk APPROVED AS TO FORM: APPROVED AS TO FORM:

By: By:

City Attorney City Attorney
Attachment
Exhibit A: Commitment Letter for Cost Share of a portion of the Contra Costa Boulevard Improvement Project
City of Concord Finance Director’s Certification
Date: ________________________
Account Code ________________________
Amount: ________________________
I hereby certify that 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.

Finance Director

Ap
ril 2, 2024
Ry
an Cook
Senior Civil Engineer
City of Pleasant Hill
100 Gregory Lane
Pleasant Hill, CA 94523
SUB
JECT: Commitment for Cost Share of a portion of the Contra Costa Blvd Improvement Project (City of Pleasant Hill Project No. 02-23 and City of Concord Project No. 2637) De
ar Mr. Cook:

Th
is letter confirms the City of Concord's commitment to provide funds for the cost of improvements within Concord’s city limits for the Contra Costa Blvd Improvement Project (City of Pleasant Hill Project No. 02 -23 and City of Concord Project No. 2637). The project is being performed by the City of Pleasant Hill and is predominantly located on Contra Costa Blvd from Viking Dr to Harriet Dr. This commitment reflects our shared dedication to enhancing the infrastructure and amenities for the benefit of our communities.

Th
e project includes upgrading traffic signals and improving pedestrian and bicycle safety at the intersection of Contra Costa Blvd and Sunvalley Blvd. The City of Concord will include this project in the upcoming Capital Budget for an amount of $440,000. This amount reflects Concord’s fair share for all work within Concord City Limits on Sunvalley Blvd, including concrete, asphalt, signage, and striping, and 25% of the cost of the traffic signal modification at Contra Costa Blvd and Sunvalley Blvd.

Th
e City of Concord will include this project within the upcoming Capital Budget, which will go before the Concord City Council in June 2024 for adoption and allocation of funds. After the City Council adopts the Capital Budget, the City of Concord and the City of Pleasant Hill will enter into a formal agreement for the reimbursement of the City of Pleasant Hill for the improvements described above.

We
look forward to the continued progress and successful outcome of the Contra Costa Blvd Improvement Project. Thank you.

Sin
cerely,
Ca
rlton Thompson, PE
City Engineer
Attachment 1

Staff Report
Date: August 13, 2024
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Mark Bustillos, Chief of Police
Prepared by: Trish Beirne, Emergency & Volunteer Services Manager [email protected]
(925) 671-3184
Subject: Considering adoption of a Resolution accepting and appropriating grant funding from the California Governor’s Office of Emergency Services (Cal OES) in the amount of $55,875 to support and develop the Concord Community
Emergency Response Team (CERT) Teen CERT Program,
Project No. 2784.

CEQA: Exempt/not a project pursuant to Public Resources Code Section 21065, CEQA Guidelines Section 15060(c)(2), 15061(b)(3), 15273, and/or 15378 including subsection (b)(4).

Report in Brief
The City of Concord is the recipient of California Governor’s Office of Emergency Services (Cal OES) funding in the amount of $55,875. This funding is part of the Fiscal Year 2023 Listos California Youth Development Grant (LY) Program which is designed to support new and existing projects developing or enhancing youth programs that introduce and educate about emergency preparedness.

Recommended Action
Adopt a Resolution accepting and appropriating grant funding from the California Governor’s Office of Emergency Services (Cal OES) in the amount of $55,875 to support and develop the Concord’s Community Emergency Response Team (CERT) Teen CERT program.

4.e4.e4.e

City Council Agenda Report
Agenda Item No. 4.e
August 13, 2024
Background
The California Governor’s Office of Emergency Services (Cal OES) Fiscal Year 2023 Listos California Youth Development Grant (LY) Program’s primary purpose is to develop and grow lifesaving skills for youth that can be used at home, school, and in their communities; assist in the discovery of career options in fire and emergency management; as well as promote engagement in community service outreach events.

The Federal Emergency Management Agency (FEMA) established the National CERT Program to address preparedness and response capabilities within communities throughout the nation. The program trains community members of all ages, including teens, in basic disaster response skills such as fire safety, light search and rescue, team organization, incident command, and disaster medical operations. The Concord Police Department is the sponsoring agency for the Concord CERT Program. Concord’s Teen CERT program was established at Mount Diablo High School in early 2023 and was expanded to a second school, Ygnacio Valley High School, in 2024. Fifty-three high students between the two high schools have successfully graduated the Concord Teen CERT program since its inception.

Concord was awarded $55,875 to further develop the Teen CERT Program in the two existing school locations and expand the program to additional local high schools. The identification and selection of additional schools has not occurred; staff will consider this at a future date.

Analysis
The Fiscal Year 2023 Listos California Youth Development Grant (LY) funds will be used to offset administrative costs of the Concord Teen CERT program, purchase snacks for students during class sessions, training equipment and materials for the program and custom CERT logo items to support participation in school and community events.

Financial Impact
The Fiscal Year 2023 Listos California Youth Development Grant (LY) Program funds offer a cost saving to the City of Concord by helping to offset the cost of delivering and supporting the Concord Teen CERT Program in local schools.

No matching funds are required to accept and appropriate the grant funds.

Public Contact
The City Council Agenda was posted.

Attachments

1. Resolution accepting grant funds

2. California Governor’s Office of Emergency Services (Cal OES) Award Document dated May 22, 2024

Res. No. 22-XX 1

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Accepting and Appropriating Grant
Funding from the California Governor’s Office of
Emergency Services (Cal OES) in the Amount of
$55,875 to support and develop the Concord
Community Emergency Team (CERT) Teen CERT
Program, Project No. 2784
Resolution No. 24-XX
______ /
WHEREAS, the California Governor’s Office of Emergency Services (Cal OES) approved grant funds to the City of Concord in the amount of $55,875 under the Fiscal Year 2023 Listos California Youth Development Grant (LY) Program; and
WHEREAS, the funds will be used to develop the Concord Teen CERT Program in two existing school locations at Mount Diablo and Ygnacio Valley High Schools and expand the program to additional local high schools; and
WHEREAS, the Chief of Police has recommended acceptance of the Fiscal Year 2023 Listos California Youth Development Grant (LY) Program grant in the amount of $55,875 for the Concord Police Department sponsored Concord Teen CERT Program.

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

Section 1. This item is exempt from California Environmental Quality Act (CEQA) as it does not constitute a "project" within the meaning of Public Resources Code Section 21065, CEQA Guidelines Section 15060(c)(2), and/or 15378 including subsection (b)(4) because there is no potential that it will result in a direct or reasonably foreseeable indirect physical change in the environment, and/or 15273 because it involves government funding/fiscal activities. 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.

Section 2. Accepts these grant funds in the amount of $55,875.

Attachment 1

Res. No. 22-XX 2
Section 3. Authorize the appropriation and use of these funds to develop the Concord Teen CERT program in two existing school locations at Mount Diablo and Ygnacio Valley High Schools and expand the program to additional local high schools.

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

PASSED AND ADOPTED by the City Council of the City of Concord on August 13, 2024, by the following vote:

AYES: Councilmembers -
NOES: Councilmembers -
ABSTAIN: Councilmembers -
ABSENT: Councilmembers -
I HEREBY CERTIFY that the foregoing Resolution No. 24-XX was duly and regularly adopted at a regular meeting of the City Council of the City of Concord on August 13, 2024 Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney

GAVIN NEWSOM

GOVERNOR

NANCY WARD

DIRECTOR
3650 SCHRIEVER AVENUE, MATHER, CA 95655
(916) 845-8506 TELEPHONE
www.CalOES.ca.gov
Ma
y 22, 2024
Va
lerie Barone
City Manager
City of Concord
1950 Parkside Drive
Concord, CA 94519
Dea
r Ms. Barone:

Yo
ur proposal has been selected to receive funding through the Fiscal Year 2023 Listos California Youth Development Grant (LY) Program of the California Governor’s Office of Emergency Services (Cal OES). Provided there are no successful appeals and pending completion and/or revision of all required application forms, your agency will be awarded the amount of $55,875 for the Grant Subaward performance period beginning June 1, 2024, and ending December 31, 2025.

Yo
ur Program Specialist assigned to your grant will contact you within the next few weeks to assist you in finalizing this process. Additional information can be found in the Subrecipient Handbook on the Cal OES website at www.caloes.ca.gov.

We loo
k forward to the successful implementation of this project. If you have any questions concerning this process, please contact the Listos California Grant Program via e-mail at [email protected].

Sincerely,
NANCY
WARD
Director
DELIVERED VIA E-MAIL: [email protected]
Attachment 2

Staff Report
Date: August 13, 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: Justine Gee, PE, Associate Civil Engineer
[email protected]
(925) 671-3284
Subject: Considering the following for Citywide Arterial and Collector Maintenance No. 3 (Project No. 2616) located on Armand Drive from Denkinger Road to Thornwood Drive, Farm Bureau Road from Willow Pass Road to Wren Avenue, and Laguna Street from Detroit Avenue to Galindo Street:

1. Award of a Construction Contract in the amount
$1,018,000.00 to McGuire and Hester for the Total Bid of Citywide Arterial and Collector Maintenance No. 3 (Project No. 2616); authorizing 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 (Measure V Funds); and

2. Authorizing the City Engineer to accept the improvements upon completion of Citywide Arterial and Collector
Maintenance No. 3 (Project No. 2616) and directing the City Clerk to file a Notice of Completion; and

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

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

4.f4.f4.f4.f

City Council Agenda Report
Agenda Item No. 4.f
August 13, 2024
Report in Brief
The Citywide Arterial and Collector Maintenance No. 3 (Project No. 2616) (Project) will involve pavement repairs and pavement maintenance on Armand Drive from Denkinger Road to Thornwood Drive, Farm Bureau Road from Willow Pass Road to Wren Avenue, and Laguna Street from Detroit Avenue to Galindo Street. The work can generally be described as pothole and base repair, slurry seal, and restriping. See attached location map (Attachment 1).

The Project has been designed and competitively bid and is at the point of construction contract award. If award is approved by City Council (Council), Project construction in the field is expected to begin in September 2024 and be completed in November 2024, weather permitting.

Recommended Action

1. Award a Construction Contract in the amount $1,018,000.00 to McGuire and Hester for the Total Bid of Citywide Arterial and Collector Maintenance No. 3 (Project No. 2616); 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 (Measure V Funds); and

2. Authorize the City Engineer to accept the improvements upon completion of Citywide Arterial and Collector Maintenance No. 3 (Project No. 2616) and direct the City Clerk to file a Notice of Completion; and

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

Background
On June 1, 2021, Council approved the proposed Five-Year Pavement Expenditure plan, which included Citywide Arterial and Collector Maintenance No. 3 (Project No. 2616).

On June 28, 2022, Council adopted the 2-Year CIP Budget for FY 2022/2023 and FY 2023/2024, which included appropriation of $300,000 to fund the design of the Project.

On June 25, 2024, Council adopted the 2-Year Capital Budget for FY 2024/2025 and FY 2025/2026, which included additional funding for the construction of Citywide Arterial and Collector Maintenance No. 3 (Project No. 2616).

If awarded tonight, construction is anticipated to begin in September of 2024 and be completed in November 2024, weather permitting.

City Council Agenda Report
Agenda Item No. 4.f
August 13, 2024
Analysis/Procurement Process
Construction Contract
The Project was advertised for construction bids as required by state law and City of Concord (City) policy. The Engineer’s Estimate for the Total Bid is $800,000. Bids were opened on July 11, 2024, and three (3) bids were received in the amount ranging from $1,018,000.00 to $1,198,994.40. The basis of award for the Project is the Total Bid. The lowest bid was received from McGuire and Hester of Oakland, CA. A summary of the three (3) lowest bids is as follows:

BID SCHEDULE Engineer’s
Estimate
McGuire and
Hester
Ghilotti Bros.,
Inc.

Kerex
Engineering,
Inc.

Total Bid $800,000.00 $1,018,000.00 $1,127,608.50 1,198,994.40 McGuire and Hester was the lowest bidder and submitted a responsive and responsible bid. McGuire and Hester has an appropriate and valid contractor’s license and has previously completed a separate CIP project, Residential Pavement, Phase A (Project Nos. 2516, 2517, 2561, 2562, & 2563).

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

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

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

Financial Impact
The current total budget for Citywide Arterial and Collector Maintenance No. 3 (Project No. 2616) is $1,500,000 and is funded by Measure V Funds (Fund 407). There are sufficient funds to award the Project construction contract.

City Council Agenda Report
Agenda Item No. 4.f
August 13, 2024
Environmental Determination
Pursuant to CEQA Guidelines Sections 15060 (c), 15061 (b)(3), 15378, and Public Resources Code Section 21065, award of this contract is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, as it will not result in a direct or reasonably foreseeable indirect physical change in the environment. In the alternative, award of this contract is exempt under CEQA Guidelines Sections 15301 – Existing Facilities, 15302 – Replacement and Reconstruction, and 15304 – Minor Alterations to Land, as it involves constructing concrete, striping, and paving work. No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 applies. This determination reflects the City’s independent judgement and analysis. The Notice of Exemption will be filed with the County Clerk’s office following the Council award of the construction contract.

Public Contact
The City Council Agenda was posted.

Attachments

1. Project Location Map

2. Bid Summary

3. Construction Contract

Project Location Map
Citywide Arterial and Collector Maintenance Project No. 3 (Project No. 2616)

City of Concord
Bid Sheet

PROJECT #2616 Bid Opening:

CITYWIDE ARTERIAL & COLLECTOR
MAINTENANCE NO. 3

THURSDAY,
JULY 11, 2024
2:30 p.m.

Garden Conference Room
Engineer’s Estimate: $800,000 To be awarded:

COMPANY TOTAL BID
McGuire Hester
9009 Railroad Avenue
Oakland, CA 94603
$1,018,000.00
Ghilotti Bros
525 Jacoby St
San Rafael, CA 94901
$1,127,608.50
Kerex Engineering
P.O. Box 23831
Pleasant Hill, CA 94523
$1,198,994.40

Contact: Justine Gee x3284

CONTRACT
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THIS CONTRACT made and entered into this August 13, 2024, between the CITY OF CONCORD, a general law city in Contra Costa County, California, hereinafter called "City", and McGuire and Hester, 9009 Railroad Ave, Oakland, CA 94603, hereinafter called "Contractor", for Citywide Arterial and Collector Maintenance No. 3, City Project No. 2616.

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, storm water pollution control, clearing and grubbing, pavement rehabilitation, pavement maintenance, concrete improvements, adjusting utility covers to grade, striping and pavement markings.; 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 $1,018,000.00 as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this agreement; also for all loss or damage, arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstruction which may arise or be encountered in the prosecution of the work until its acceptance by the City, and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work, and the whole thereof, in the manner and according to the Plans and Specifications, and the requirements of the Engineer under them.

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

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

4. 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

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28 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.

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.

McGuire and Hester
a California corporation
By:________________________________
Contractor

CITY OF CONCORD,
a municipal corporation
By:________________________________
Mayor
Name: Bruce W. Daseking
Email: [email protected]
APPROVED AS TO FORM:

By:________________________________
City Attorney
ATTEST:

By:________________________________
City Clerk

FINANCE DIRECTOR FUND CERTIFICATION

GL CODE ACCOUNT CODE AMOUNT
407-9500-C999-74200 407-2616-115-74200 $1,018,000.00

I hereby certify that adequate funds exist or will be received during the 2024-25 Fiscal Year to pay for the anticipated expenses to be incurred pursuant to this contract.

Director of Finance

Staff Report
Date: August 13, 2024
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Greg Taylor, Director of Information Technology Prepared by: Damaris Sambajon, Systems and Programming Manager [email protected]
(925) 671-3305
Subject: Considering approval of a Product and Services Agreement with Active Network, LLC for maintenance, upgrade services and software licensing for the CLASS Point of Sale System for a total not-to-exceed amount of $147,574.79 over two years, including a 10% contingency; and authorizing the City
Manager to execute the agreement in a form acceptable to the City Attorney. (General Fund)
CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c),
15061(b)(3), 15273, and/or 15378.

Report in Brief
Active Network’s Point of Sale software, CLASS, functions as the centralized Point of Sale system for the City of Concord, facilitating credit card transactions for various fees, permits, and business licenses. The requested agreement with Active Network, LLC will transition the City from an unsupported version of the CLASS Point of Sale system to a new cloud-based model. This upgrade will bolster system security and ensure vendor support for the software platform. The total, not-to-exceed, cost for hosting, licensing, implementation, maintenance and a 10% contingency is $147,574.79 for a two-year term. Funding for this project is included in the City’s adopted CIP.

4.g4.g4.g

City Council Agenda Report
Agenda Item No. 4.g
August 13, 2024
Recommended Action
Authorize the City Manager to approve a Professional Services Agreement with Active Network, LLC for upgrade services, hardware, maintenance, and software licensing for the CLASS Point of Sale system for a total not-to-exceed amount of $147,574.79 over two years, including a 10% contingency; and authorizing the City Manager to execute the Agreement in a form acceptable to the City Attorney; and make the CEQA determinations as provided in this staff report.

Background
The City currently relies on Active Network’s CLASS Point of Sale software and payment server to process credit card payments for fees, permits, business licenses, and registrations. This CLASS software is used across all City Departments for payment acceptance and is also accessible to citizens for online payments of various municipal services. The City’s current iteration of CLASS (version 8.0) was implemented in June 2022 and is now unsupported. The CLASS Point of Sale system is integral to the following applications:
 HDL Business Licensing
 Community and Economic Development Department Permits and Payments  Police Department Records Section
 Recreation Services Department
 Miscellaneous Fees
Analysis
Currently, the Point-of-Sale software is hosted on-premises, with existing licensing and software costs of $6,614.98 paid on an annual basis. The software is unsupported however and must be upgraded. The one-time project costs for the upgrade and transition to the cloud amounts to $104,158.90 and includes all the integrations required for the new platform. In addition to upgrade costs, there is a yearly fee of $15,000 which amounts to $30,000 for the two-year term. The total, not-to-exceed, cost for hosting, licensing, implementation, maintenance and a 10% contingency for the two-year term is $147,574.79. The Point-of-Sale system also charges a 2.6 percent fee for each credit card transaction payment to the City, but that fee does not affect the costing to the City for these agreements. The 2.6 percent fee was previously paid to Bank of America and this agreement transitions it to Active Network in the effort of consolidating into one platform. Since the 2.6 percent is the same as previously charged, there is no change to the City budget Lastly, after the two-year term, maintenance costs would be approximately $15,000 per year, which is approximately $9,000 per year more than the City is currently paying, but is required for a supported, cloud-based system.

City Council Agenda Report
Agenda Item No. 4.g
August 13, 2024
The City would utilize our existing vendor for the proposed hosting and software upgrade. The Scope of Work is included as Attachment 1. The breakdown of upgrade costs are as follows:

LICENSING AND MAINTENANCE COSTS
Payment Manager Licensing $26,000
Support - Integrations $4,000
Subtotal $30,000

PROFESSIONAL SERVICES AND HARDWARE
Hardware $5,238.90
Payment Manager - Integrations $42,920.00
Upgrade Professional Services $56,000.00
Subtotal $104,158.90
Contingency 10% $13,415.89
TOTAL $147,574.79
Procurement Process
The City maintains a contract with ACTIVE Networks for the implementation, maintenance and upgrades of our existing CLASS Point of Sale Software. Muni Code

3.10.080 Section 2 allows the City to waive bidding regulations and enter in an agreement with ACTIVE Network as a sole source agreement, based on work already completed within CLASS and to which we are providing additional functionality.

Financial Impact
There is no additional fiscal impact as all costs have been budgeted and approved in CIP 2401, Point of Sale System Replacement.

Environmental Determination
Pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15273, 15378, and/or 15061(b)(3), award of this contract is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, as it will not result in a direct or reasonably foreseeable indirect physical change in the environment, and falls within the “common sense” 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.”
Public Contact
The City Council Agenda was posted.

City Council Agenda Report
Agenda Item No. 4.g
August 13, 2024
Attachments

1. Active Networks Statement of Work

2. Active Networks Quote

Payment Manager 2 Statement of Work
Technical Services
Service Delivery – City of Concord
August 11, 2023
(“SOW 1 Effective Date”)
Attachment 1

Statement of Work

1 / 12
This Statement of Work No. 1 (“SOW 1”) is entered into as of the SOW 1 Effective Date by and between Active Network, LLC (“Active”), and the City of Concord (“Client”) and is governed by the Products and Services Agreement Contract #__________ dated ________________ (the “Agreement”) entered into by and between Active and Client. For the avoidance of doubt, all deliverables, efforts, code, documentation, features, and functionality produced under this shall be “Professional Services” as that term is defined in the Agreement. Active and Client are each a “party” and collectively the “parties” to the Agreement, and this SOW 1. This SOW 1 will be incorporated into, and is subject to, the Agreement.

PROJECT OVERVIEW
Active and Client will implement the Payment Manager 2 cashiering solution. In addition to:
• Integration 1 - Accela
• Integration 2 - Lawson

PHASES
This section outlines the overall approach of the Payment Manager 2 project. The following is a brief description of each phase of the Active methodology.
• Project Planning – plan the implementation, analyze business needs, and define configuration and integration requirements
• Implementation – configure Payment Manager, create, and test integrations, and train the project team on system operations
• Deployment – ensure workstations and remaining staff can use Payment Manager 2 • Go Live – conduct day-to-day operations using Payment Manager 2

Each phase is broken into stages. Each stage includes an overview, objectives, inputs, tasks and deliverables. The phases are organized into their appropriate stages and are listed below. • Project Planning
o Project Launch/Scheduling
o Business Review
• Implementation
o System Configuration
o Integration coding
o User Testing
• Deployment
o Workstation Readiness
o Training
• Go Live
o Go-Live Preparation
o Go-Live
o Post Go-live System Optimization

Statement of Work

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Project Planning
This planning phase includes a project kickoff meeting with key stakeholders, project schedule development, a business process review to document existing and future processes, and recommendations to Client on the best practices to utilize Payment Manager 2
Project Launch/Scheduling
Active will facilitate a project launch meeting to create the project schedule and assign project resources.

Objectives for the Project Launch/Scheduling stage are:
• Gain an understanding of required project roles
• Gain an understanding of the project life cycle
• Establish a tentative project schedule
• Reserve Active and Client resources
• Prepare for the Business Process Review
Inputs for the Project Launch/Scheduling stage are:
• Active will provide the following:
o Resource Availability
o Project planning guide
• Client will provide:
o Project Resource Availability
Tasks for the Project Launch/Scheduling stage are:
• Review client’s required project roles and responsibilities • Review Payment Manager project lifecycle
• Review project schedule options
• Review Basecamp use
• Distribute documentation as needed
Deliverables for the Project Launch/Scheduling stage are:
• Active will deliver the following:
o Project schedule
o Active Project team assignments
o Provide client access to project management tool
• Client will deliver the following:
o Customer project team assignments
o Scheduling of resources from 3rd party resources as needed o Complete data assessment sheet
o Booking the meeting rooms as needed
Business Review
The purpose of the business process review is to evaluate business processes, procedures, and policies as they pertain the Payment Manager 2 to identify project goals and risks.

Statement of Work

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Objectives for the Business Review are:
• Understand client project objectives
• Understand client business policies and procedures
• Understand client product and service offerings
• Understand client IT infrastructure
• Identify and document project risks
• Identify and document project risk mitigation strategies Inputs for the Business Review stage are:
• Client will provide:
o Completed data assessment sheet
o Integration specifications for all 3rd party systems
Tasks for the Business Review stage are:
• Create a communication plan (for project team, customer stakeholders, staff, and customers) • Create a project risk log
• Review project goals
• Discuss accounting and reporting needs
• Review technical system requirements
• Review 3rd party system integration specifications
• Discuss peripherals being used by the customer
Deliverables for the Business Review stage are:
• Active will provide the following:
o Project risk log
o Project agendas for the remaining stages
o Integration plan
Implementation
The implementation phase includes granting Client access to production and training instances of Payment Manager 2, system configuration, integration coding, and end to end system testing to validate business workflows against software and integration configurations.

System Configuration
System configuration includes baseline setup of Payment Manager 2 including general and item settings.

Objectives for the system configuration stage are:
• Configure payment manager system settings
• Enter client inventory data
Inputs for the system configuration stage are:

Statement of Work

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• Client will provide:
o System inventory information including custom prompts o 3rd party system integration specification
o System data as required
Tasks for the system configuration stage:
• Active will:
o Guide the client through the following tasks:
 Configuration of baseline system settings
 Configuration of item and prompt settings
 Configuration of representative subset of system data • Client will:
o Populate remaining system data
Deliverables for the Data Collection stage are:
• Payment Manager configured in accordance with client’s business rules and data inventory Integration Coding: Integration 1 Accela (API)
This phase includes development of the Integration 1 integration, including configuration of the Payment Manager 2, creation of API code (3rd party vendor side), and system integration testing in the test environment. Upon successful testing the components will be set up in the production environment. The Integration 1 integration will be created using APIs between Payment Manager and Integration 1. All tasks and deliverables in this section “Integration Coding: Integration 1 Accela (API)” are contingent upon execution by Accela, Inc. of all necessary API integration, security, or other agreements as may be necessary in Active’s sole judgment and discretion.

Objectives for the integration coding stage are:
• Create integration code between Payment Manager and Integration 1 Inputs for the integration stage are:
• Payment Manager 2 integration specification
• Integration 1 API integration specifications
Tasks for the integration coding stage are:
• Active will:
o Work with Client subject matter experts (SMEs) to define the elements needed for validation o Creation of the scripts/code for searching and validation of payment o Creation of the scripts/code to update payments in Integration 1 o Deliver code to client environment as necessary
o Work with the Client users to perform baseline functional testing o Create an integration specification document
• Client will:
o Procure any licensing required from Integration 1
o Provide access to Integration 1 test environment

Statement of Work

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o Configure and/or create code necessary to complete Integration 1 side integration o Coordinate and complete testing with Integration 1

Deliverables for the integration coding stage are:
• API integration code for Payment Manager 2 and Integration 1 Accela o Payment Manager 2 interfacing with Accela permitting system o Validation for the Accela permit
o Payment for the Accela permit
o Posting of transactional updates from Payment Manager 2 back to Accela system Integration Coding: Integration 2 Lawson (Local Client) This phase includes development of the Integration 2 integration, including configuration of the Payment Manager 2, components, and system integration testing in the test environment. Upon successful testing the components will be set up in the production environment. The Integration 2 integration will be created using the Payment Manager 2 local client which will create a local connection between Payment Manager 2 and Integration 2. All tasks and deliverables in this section “Integration Coding: Integration 2 Lawson (Local Client)” are contingent upon execution by Infor, Inc. of all necessary API integration, security, or other agreements as may be necessary in Active’s sole judgment and discretion.

Objectives for the integration coding stage are:
• Install Payment Manager 2 local client in Client’s environment Inputs for the integration stage are:
• Payment Manager 2 local client install files
Tasks for the integration coding stage are:
• Active will:
o Install Payment Manager 2 local client
o Verify Payment Manager 2 local client connection
o Review log files
o Perform baseline functional testing
o
Work with Client subject matter experts (SMEs) to define the elements needed for validation o Creation of the code for searching and validation of payment o Creation of the code to update payments in Integration 2 o Deliver code to client environment
o Work with the Client users to perform baseline functional testing o Create an integration specification document
• Client will:
o Procure any licensing required from Integration 2
o Provide access to test environment
o Configure and/or create code necessary to complete Integration 2 side integration o Coordinate and complete testing with Integration 2

Statement of Work

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o Configure the network to ensure the Payment Manager 2 local client is accessible by Payment Manager 2 via the internet
Deliverables for the integration coding stage for Integration 2 are:
• Installation and configuration of the Payment Manager 2 local client solution in Client’s environment o Payment Manager 2 interfacing with Lawson
o Validation for the Lawson’s Miscellaneous GL, A/R Invoice and A/R Account o Payment for the Lawson’s Miscellaneous GL, A/R Invoice and A/R Account o Posting of transactional updates from Payment Manager 2 back to Lawson for Miscellaneous GL, A/R Invoice and A/R Account
User Testing
The user testing stage includes end to end testing of the Payment Manager 2 configuration and each Payment Manager 2 integration.

Objectives for the User Testing stage are:
• Test the functional integrity of the system configuration and integrations against business cases • Update configuration as needed
• Update integration(s) as needed
Inputs for the User Testing stage are:
• Active will provide user testing plan template
• Client will provide:
o Completion of data entry and configuration for Payment Manager o Test cases and workflows to review
Tasks for the User Testing stage are:
• Active will guide Client through baseline functional testing including:
o Review front-desk transactions for each functional area and integration in Payment Manager 2 o Review online transactions for each functional area and integration in Payment Manager 2 o Review reports for each functional area in Payment Manager o Determine mitigation strategies for each functional gap o Complete End to end test of credit card processing and bank reconciliation (if applicable) o Update integration code and/or configuration for any in scope defects as necessary • Client will:
o Update configuration in accordance with testing results o Add test cases to test plan
o Fully execute test plan
o Provide feedback on any in scope defects
o Work with 3rd party vendors to update 3rd party side integration, code and/or configuration as necessary Deliverables from the User Testing stage are:
• Fully tested instance of Payment Manager 2

Statement of Work

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Deployment
This phase entails making Payment Manager 2 accessible at all necessary Client workstations, installation of hardware peripherals, and staff training.

Workstation Readiness
The purpose of the workstation readiness phase is to ensure that Client workstations are prepared to take in-person transactions through Payment Manager 2.

Objectives for the workstation readiness stage are:
• Ensure all workstations have access to Payment Manager • Ensure all workstations designated to operate Payment Manager are configured with the appropriate 3rd party software(drivers) and hardware
Inputs for the workstation readiness stage are:
• Active will provide hardware configuration guides
• Client will provide existing Peripheral Hardware List Tasks for the workstation readiness stage are:
• Active will:
o Assess client hardware list and make recommendations on additional hardware procurement if needed o Provide training on hardware configuration and use
• Client will
o Install, configure, and test third party software required by Payment Manager on workstations o Install, configure, and test hardware required by Payment Manager on workstations o Bookmark Payment Manager sites on workstations
Deliverables for the workstation readiness stage are:
• Client workstations able to access Payment Manager and utilize supported hardware Training
Active utilizes a train the trainer approach for system training. Active will train project staff and provide training a baseline training plan so that the project team is equipped to roll out training to remaining staff members.

Objectives for the Training stage are:
• Empower the project team to understand best practices for conducting end-user training • Empower the project team with a strategy and tools to conduct end-user training • Create and update training material for the end users • Create an end user training plan
• Train project team using train the trainer methodology • Train remaining staff on software operations
Inputs for the Training stage are:
• Active will provide:
o Training manual template and quick reference guides
• Client will provide:

Statement of Work

8 / 12
o End user workflow cases
o Training room booked and prepared
Tasks for the Training stage are:
• Active will:
o Provide base training materials
o Provide training session to Client trainers
o Provide guidance on training plan development for delivering end user staff training o Provide training material to Client trainers
• Client will:
o Supplement training materials with Client specific end user workflows o Complete training plan
o Execute training plan with end users

Deliverables for the Training stage are:
• Customized Training Plan
• Trained end users
Go-Live
Go-Live Preparation
The Active consultant will conduct a meeting prior to go-live to confirm all tasks are complete and the system is ready to function as client’s cashiering system.

Objectives for the Go-Live Preparation stage are:
• Ensure staff are competent in system use
• Ensure workstations are ready for system use
• Ensure integrations are ready for system use
• Ensure project team understands how to escalate issues to Active • Ensure risks are captured and mitigation strategies are in place Inputs for the Go-Live Preparation stage are:
• Active will provide:
o Go-Live Checklist
Tasks for the Go-Live Preparation stage are:
• Active will conduct a session to cover the following topics:
o Review and validate staff training
o Review and validate workstation readiness
o Review and validate integration readiness
o Review ACTIVE Support policy and communication channels o Handoff call with Active support team.
o Complete Go-Live checklist

Statement of Work

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Deliverables for the Go-Live Preparation stage are:
• Completed go-live check list
Go-Live
Go-Live is the day that Payment Manager 2 becomes the Client’s in-person and online cashiering system.

Objectives for Go-Live stage are:
• Utilize Payment Manager 2 to accept payments online
• Utilize Payment Manager 2 to accept payments in-person • Utilize Payment Manager 2 financial reports for reconciliation Inputs for the Go-Live stage are:
• Completed prior project phases
Tasks for the Go-Live stage are:
• Client will accept transactions through the Payment Manager 2 system Deliverables for the Go-Live stage are:
• Online payments accepted through Payment Manager 2 (if applicable)

Post Go-Live System Optimization
Active will conduct a meeting after go-live review any questions or follow up configuration required.

Objectives for Post Go-Live Optimization stage are:
• Optimize usage of Payment Manager
Inputs for the Post Go-Live Optimization stage are:
• Client to provide list of questions, issues, and topics Tasks for the Post Go-Live Optimization stage are:
• Active will conduct a session with the consultant to review client questions and issues

ASSUMPTIONS
• Client’s representative is empowered to represent Client’s interests and can make configuration decisions pertaining to their information system(s).
• Client will have access to information system(s), internet, phone, and able to install and use software to participate in remote desktop sharing.
• Client will perform work associated with each task within the allocated timeframe. Missed deadlines will result in rescheduling services at additional cost to Client.
• Client will assign the below project roles and those individuals will be available as needed by the project schedule:
o Project Sponsor – engages stakeholders; ensures buy-in from top-down. o Project Manager – coordinates with the Active Project Manager, procures resources, manages scope, schedule, quality, and risk mitigation.
o System Administrator(s) – manages, maintains, and supports the Payment Manager system, trains end- users on an ongoing basis.

Statement of Work

10 / 12
o Subject Matter Expert(s) – also known as “SMEs” are Client staff who are authorities on Client’s business requirements, process, and policies.
o Technical Representative(s) – available “on call” during the lifespan of the software to assist with internet connectivity, database management, software upgrades, workstation and peripheral installations. o Financial Representative(s) – monitors Payment Manager accounting functionality, ensure transactions are posted correctly, and that financial data within Payment Manager is accurate and pertinent. • Client will effectively lead project-related change management activities (creating materials and facilitating workshops).
• Client will provide the resources necessary to deliver implementation services (i.e., training room, internet access, computers, whiteboard).
• Client will perform work associated with each task within the allocated timeframe. • Payment Manager 2 will use the same API endpoints to create a direct connection Accela • Accela system will be responsible to post the GL information to City of Concord’s ERP system

CONSTRAINTS
• All services will be conducted between 6am to 6pm PST, Monday-Friday, excluding North American holidays. • Implementation services are subject to our cancellation policy. Active requires that cancellation or rescheduling requests be submitted twenty-eight full calendar days prior to engagements. This provides sufficient time for resources to be allocated to alternative billable projects. • Payment Manager 2 Integration with Accela & Lawson will be used to manage payments and not be used to post GL information back to main general ledger software.

PAYMENT AND OTHER TERMS
• Compensation will be paid to Active for the services provided under this SOW 1 in accordance with the Schedule (Quote Number: 00129542).

IN WITNESS WHEREOF, the Parties hereto have executed this SOW 1 as of the SOW 1 Effective Date.

CITY OF CONCORD ACTIVE NETWORK, LLC
By: _______________________ By: _____________________________ Name: ____________________ Name: ___________________________ Title: _____________________ Title: ____________________________ Date: _____________________ Date: ___________________________

APPENDIX: A
Estimated Project Implementation Timeline:

Service delivery schedules are created based upon mutual availability of resources from your organization, Active, and line of business application providers. The below schedule is an example of a Payment Manager 2 implementation with 2 line of business integrations that is well resourced by all parties.

SCHEDULE
Initiation Project Launch
Week 1 Business Process Review
Week 2 Data Collection and Data Review
Week 3 System Configuration
Week 4 Integration 1 Needs Analysis
Week 5 Integration 1 Development
Week 6 Integration 1 Testing
Week 7 Integration 1 Feedback, Updates, Testing
Week 8 Integration 1 Feedback, Updates, Testing
Week 9 Integration 2 Development
Week 10 Integration 2 Testing
Week 11 Integration 2 Feedback, Updates, Testing
Week 12 Integration 2 Feedback, Updates, Testing
Week 21 End User Training, Integration deployment, Workstation Readiness Week 22 Go Live

APPENDIX B: ACCEPTANCE CERTIFICATE
Active will use the following acceptance certificate to confirm acceptance of each project milestone.

Acceptance Certificate

Client: ___________________________ Submitted By: ____________________ Project Name: ____________________ Submission Date: __________________ Milestone/Deliverable: _____________ Acceptance Date: __________________ Acceptance Signature: ______________
Accept
Reject for Cause
Reason for Rejection, if Applicable

Comments

Acceptance
Management
Per SOW 1, the milestone/deliverable listed above will be considered accepted if the Client approver does not accept or reject the deliverable or service within three (3) business days.

Authorizations
By signing below, I acknowledge that the above referenced deliverable and/or milestone has been reviewed and passes the acceptance criteria.

CITY OF CONCORD ACTIVE NETWORK, LLC
By: _______________________ By: _____________________________ Name: ____________________ Name: ___________________________ Title: _____________________ Title: ____________________________ Date: _____________________ Date: ___________________________

USD 15,000.00Annual Projected Contract Value
USD 119,097.70Total Price
Ship To Address
Ship To Contact
1950 Parkside Drive MS/51
Concord, CA 94519 United States
Bill To Address
Diane HoesslBill To Contact
City of Concord (CA)Bill To Name
Email
Phone
Contact Name
[email protected] Email
David SamsonOpportunity Owner
Deborah AngelPrepared By
USD
Diane Hoessl
(925) 671-3380
[email protected]
Damaris Sambajon
1950 Parkside Drive MS/51
Concord, CA 94519 United States
Currency
00133856Quote Number
6/6/2024Created Date3400 N Central Expressway, Suite 300 Richardson, TX 75082
US
Company Address
Product Product
Type Description Quantity Fee
%
Total
Price
ACTIVENet - APG S4000 Cash Drawer
MultiPro Int - need printer (cable incl) Hardware 3 567.60 ACTIVENet - PAX A35 Payment Device Hardware ACTIVENet - Hardware - PAX A35 6 2,546.10 ACTIVENet - Star Micronics TSP143III
Thermal Printer Hardware Thermal Receipt Printer, USB, Cutter, USB Cable, Internal Power Supply, Gray, Part Number 39472310 6 2,064.00 Payment Manager (Class) – Fit Analysis Service
Payment Manager Fit Analysis includes the following
remote services:
• Intended to review client’s request and current
environment to determine recommendation of services
scope
1 56,000.00
Payment Manager - Annual Subscription
Fee SaaS 1 13,000.00
Payment Manager - Custom Integration
Support Maintenance 2 2,000.00
Payment Manager - Integration Services Service
Payment Manager Integration Services consist of the
following:
• Development
• Testing
• Training
• Deployment
2 42,920.00
Payment Manager - Staff Interface -
Payment Processing Fee - Credit Card
Transaction
- Other
Payment Manager - Staff Interface - Payment Processing
Fee - Credit Card 1 2.10
Payment Manager - Staff Interface -
Technology Fee
Transaction
- Other Payment Manager - Staff Interface - Technology Fee 1 0.50 Attachment 2

Active Network, LLC
Signature:
______________________________________________________
Name:
______________________________________________________
Title:
______________________________________________________
Date:
______________________________________________________
Signature:
______________________________________________________
Printed Name:
___________________________________________________
Title:
__________________________________________________________ Date:
__________________________________________________________ PO# (if applicable):
_______________________________________________
Active reserves the right and may take additional measures to verify Client’s account which may consist of reviewing publicly available data and/ confirmation of Client provided information. Such verification measures will be completed in advance of remittance.

All fees described herein are in consideration of the Products that Active provides. Active and Client acknowledge that certain credit card network rules and laws prohibit imposing a surcharge that is based on the type of payment method used (e.g., having a different fee for the use of a credit card vs. debit card), and therefore, each agree not to impose such a surcharge on any End User.

The payment options we offer may include MasterCard, Visa, American Express and Discover.

If your order includes hardware, please note that all hardware orders have a 30-day return policy, and it is recommended that you inspect your purchases upon delivery.
*Sales tax and shipping not included in total price. Sales tax and shipping, where applicable, will be added to your invoice.

Capitalized terms used in this Schedule and not defined have the meaning set forth in the General Terms or Product Terms, as applicable.

Quote Acceptance Information

Staff Report
Date: August 13, 2024
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Carlton Thompson PE, City Engineer
Bernard Enrile PE, CIP Manager

Prepared by: Andrea Moreira, Senior Administrative Analyst [email protected]
(925) 671-3059
Subject: Considering the adoption of a Resolution Adopting a List of Projects for Fiscal Year 2024-25 Funded by SB 1: The Road Repair and Accountability Act of 2017.

CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Section 15060(c)(2), 15061(b)(3), 15262, 15273, and/or 15378.

Report in Brief
On April 28, 2017, the Governor signed Senate Bill (SB) 1, which is known as the Road Repair and Accountability Act of 2017. The legislature passed SB 1 as a means of providing additional funding for basic road maintenance, rehabilitation, and critical safety needs on both state highways and local streets and road systems. SB 1 increases per gallon fuel excise taxes, diesel fuel excise taxes, and vehicle registration fees, and it provides adjustments for inflation in future years.

Staff must submit a proposed list of FY2024/25 projects to be funded with the RMRA funds to the California Transportation Commission (CTC), which is an annual requirement for agencies to receive Road Maintenance and Rehabilitation Act (RMRA) funds. This list of projects must be adopted by resolution (Attachment 1) for the City to receive approximately $3,251,922 in FY 2024-25.

The following Council-adopted Capital Improvement Plan (CIP) projects were identified for this year's $3,251,922 in RMRA funding: Clayton Road Pavement Rehabilitation (PJ

4.h4.h4.h

City Council Agenda Report
Agenda Item No. 4.h
August 13, 2024
2609), Diamond Boulevard Pavement Rehabilitation (PJ 2727), Residential Pavement Maintenance No. 1 (PJ 2741), and Residential Pavement Maintenance No. 2 (PJ 2742).

Recommended Action
Adopt the attached Resolution (Attachment 1), which is a list of projects for Fiscal Year 2024-25 funded by SB 1: The Road Repair and Accountability Act of 2017.

Background
On April 28, 2017, the Governor signed Senate Bill (SB) 1, which is known as the Road Repair and Accountability Act of 2017. SB 1 provides additional funding for basic road maintenance, rehabilitation, and critical safety needs on both the state highway and local streets and road systems. The CTC administers the funding program in partnership with the State Controller. Funding for the program is provided from the following sources:
 An additional 12 cents per gallon increase to the gasoline excise tax effective November 1, 2017.
 An additional 20 cent per gallon increase to the diesel fuel excise tax effective November 1, 2017.
 An additional vehicle registration tax called the “Transportation Improvement Fee” with rates based on the value of the motor vehicle, effective January 1, 2018.
 An additional $100 vehicle registration tax on zero emissions (ZEV) vehicles of model year 2020 or later, effective July 1, 2020.
 Annual rate increases to these taxes beginning on July 1, 2020 (July 1, 2021, for the ZEV fee) and every July 1st thereafter equal to the change in the California Consumer Price Index (CPI).

SB 1 specifies that 50 percent of the balance of revenues deposited into the RMRA, after certain funding is set aside for various programs, will be continuously appropriated for apportionment to cities and counties by the Controller. The Controller will deposit various funding portions into the Road Maintenance and Rehabilitation Account (RMRA). A percentage of the RMRA funding will be apportioned by formula to eligible cities and counties pursuant to the Streets and Highways Code for basic road maintenance, rehabilitation, and critical safety projects on the local streets and roads system.

It should be noted that the City of Concord (City) contracts directly with the State Controller’s Office (SCO) each year to prepare the “Annual Street Report”. During that process, the SCO reviews and confirms that the City has met its RMRA Maintenance of Effort (MOE) requirement. The City’s SCO FY22/23 Annual Street Report, completed on

City Council Agenda Report
Agenda Item No. 4.h
August 13, 2024
11/16/2023, verified that the City met its required FY22/23 RMRA MOE, as the City has done for every year since the inception of the RMRA funding program.

Based on statewide revenue estimates by the California Department of Finance (DOF) released with the Governor's Proposed 2024-25 State Budget in January, current fund estimates provided by the League of California Cities as of January 2024 indicate that the City will be eligible to receive approximately $3,251,922 in FY 2024-25.

To be eligible to receive RMRA funding, cities and counties must prepare and submit a project list to the CTC pursuant to the requirements of SHC Section 2034(a)(1), which in turn must be included in a list of eligible entities submitted by the CTC to the State Controller. Each city or county submitting a project list must provide a public record which documents those proposed projects.

The CTC has set July 1, 2024, as the deadline for cities and counties to submit their list of projects for RMRA funding this fiscal year. In June, staff contacted CTC inquiring about submitting the adopted resolution (Attachment 1) after the July 1 deadline. CTC granted subsequent eligibility, which will guarantee the same amount of funds for the project list. The project list must include a description, location, proposed schedule, estimated cost, and an estimated useful life of the improvements. The CTC will take action on the initial list at their regularly scheduled meeting in August 2024 and forward the approved list to the Controller no later than August 31, 2024. FY 2024-25 funds are expected to be distributed in September 2024.

Analysis
To assure that the City of Concord is eligible to receive RMRA funds, Engineering staff will rely on the 5-Year Pavement Management Plan recommendations for street pavement projects. These projects were selected based on the recommendation of the 5-year pavement plan as the next project for funding.

The following proposed projects will be funded in part with FY 2024-25 Road Maintenance and Rehabilitation Account revenues:

Clayton Road Pavement Rehabilitation (PJ 2609)
This project will consist of pavement rehabilitation of Clayton Rd from Maynard St to the city limits at the City of Clayton. Clayton Rd in the project area has a Pavement Condition Index (PCI) in the 60-80 range, with light rehab as the appropriate treatment.

Potential treatments include crack seal, slurry seal, cape seal, thin maintenance overlay (TMO), and base repairs.

Project Schedule
Design: July 2024
Construction: April 2025

City Council Agenda Report
Agenda Item No. 4.h
August 13, 2024
Diamond Boulevard Pavement Rehabilitation (PJ 2727)
The Diamond Boulevard Pavement Rehabilitation will involve a combination of light maintenance and light pavement rehabilitation on Diamond Blvd from Walnut Creek Bridge to Concord Ave. The project will also include upgrading curb ramps to Americans with Disabilities Act (ADA) standards as needed and restriping.

Project Schedule
Design: July 2024
Construction: April 2025
Residential Pavement Maintenance No. 1 (PJ 2741)
This project will perform pavement maintenance in select Residential Neighborhood Zones as recommended by the 5-year pavement Maintenance Plan Update in 2024.

Staff implements the City of Concord’s Pavement Maintenance Program (PMP), which includes the assessment of arterial and collector streets. The Five-Year Pavement Expenditure Plan includes the streets selected for this pavement maintenance project.

They are selected based on several factors, including prior year project selection, the latest Pavement Condition Assessment, available budget, visual observation of the streets by Engineering staff, consultation with Public Works Infrastructure Maintenance staff, and other adjacent or associated work such as utility repair and installation projects.

Project Schedule
Design: July 2024
Construction: March 2026
Residential Pavement Maintenance No. 2 (PJ 2742)
This project will perform pavement maintenance in select Residential Neighborhood Zones as recommended by the 5-year pavement Maintenance Plan Update in 2024.

Project Schedule
Design: July 2024
Construction: March 2026
Financial Impact
SB 1 will provide RMRA funds totaling approximately $3,251,922 in FY 2024-25. RMRA funds are supplemental to current City funding sources.

Environmental Determination
Council action on this item does not constitute a “project” and/or is exempt from environmental review pursuant to Public Resources Code Section 21065, California Environmental Quality Act (CEQA )Guidelines Sections 15060(c)(2), and/or 15378 because there is no potential that it will result in a direct or reasonably foreseeable indirect physical change in the environment, 15273 because it involves government

City Council Agenda Report
Agenda Item No. 4.h
August 13, 2024
funding/fiscal activities, and/or 15262 since the activity involves only feasibility and planning for possible future actions. Even if the activity does comprise a project for CEQA analysis, it 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 are present. None of the exceptions under CEQA Guidelines Section 15300.2 are present. This determination reflects the City’s independent judgment and analysis. Individual projects will undergo CEQA analysis as necessary.

Public Contact
The City Council Agenda was posted.

Attachments

1. Resolution adopting a list of projects for Fiscal Year 2024-25 funded by SB 1:

The Road Repair and Accountability Act of 2017

2. Proposed Project Budget Sheets

Res. No. 24-XX 1

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Adopting a List of Projects for Fiscal
Year 2024-25 Funded by SB 1: The Road Repair and
Accountability Act of 2017 Resolution No. 24-XX
/
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statues of 2017), was passed by the Legislature and signed into law by the Governor in April 2017 in order to address the significant multi-modal transportation funding shortfalls statewide; and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community, which projects have been completed each fiscal year, and
WHEREAS, the City must adopt by resolution a list of all projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and WHEREAS, the City will receive an estimated $3,251,922 million in RMRA funding in Fiscal Year 2024-25 from SB 1 and
WHEREAS, this is the eighth year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and WHEREAS, the City has undergone a robust public process to ensure public input into the City’s 5-year pavement management plan to identify the project list; and WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the community priorities for transportation investment; and Attachment 1

Res. No. 24-XX 2
WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate 49 streets/roads throughout the City this year and many similar projects into the future; and WHEREAS, the 2023 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are in a fair condition, and this revenue will help us improve the overall quality of our road system over the next decade; and WHEREAS, modernizing the local street and road system is also critical for interconnectivity, multimodal needs, commerce; and
WHEREAS, police, fire, and emergency medical services all need safe, reliable roads to react quickly to emergency calls, and a few minutes of delay can be critical; and WHEREAS, maintaining and preserving the local street and road system in good condition will reduce drive times and traffic congestion, improve bicycle safety, and make the pedestrian experience safer and more appealing, which leads to reduced vehicle emissions, helping the State achieve its air quality and greenhouse gas emissions reductions goals; and WHEREAS, restoring roads before they fail also reduces construction time, which results in less air pollution from heavy equipment and less water pollution from site run-off; and WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure, focusing on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials, and practices will have significant, positive co-benefits statewide.

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

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

Section 2. Council action on this item does not constitute a “project” and/or is exempt from environmental review pursuant to Public Resources Code Section 21065, California Environmental Quality Act (CEQA )Guidelines Sections 15060(c)(2), and/or 15378 because there is no potential that it will result in a direct or reasonably foreseeable indirect physical change in the environment, 15273 because it involves government funding/fiscal activities, and/or 15262 since the activity involves only

Res. No. 24-XX 3
feasibility and planning for possible future actions. Even if the activity does comprise a project for CEQA analysis, it 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.” s exempt from California Environmental Quality Act (CEQA) review as the approval of a project listing and budget amendment are not activities that constitute a "project" within the meaning of CEQA Guidelines Section 15060(c)(2) and CEQA Guidelines Section 15378; if this was 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 are present. None of the exceptions under CEQA Guidelines Section 15300.2 are present. This determination reflects the City’s independent judgment and analysis. Individual projects will undergo CEQA analysis as necessary.

Section 3. The Fiscal Year 2024-25 SB 1 list of projects planned to be funded with Road Maintenance and Rehabilitation Account revenues:
a. Clayton Road Pavement Rehabilitation (Project No. 2609) – This project will involve pavement rehabilitation of Clayton Road from Maynard to the city limits of Clayton Road.

The project will also include upgrading curb ramps to Americans with Disabilities Act (ADA) standards as needed and restriping. The estimated project cost is approximately $10,261,000, and the project's estimated useful life is between 10 to 15 years. This project is anticipated for construction from March 2025 to November 2025. b. Diamond Boulevard Pavement Rehabilitation (Project No. 2727) – This project will involve a combination of light maintenance and light pavement rehabilitation on Diamond Blvd from Walnut Creek Bridge to Concord Ave. The project will also include upgrading curb ramps to Americans with Disabilities Act (ADA) standards as needed and restriping.

The estimated project cost is approximately $1,500,000, and the estimated useful life of the light maintenance and light pavement rehabilitation is between 7 to 10 years. This project is anticipated to be constructed from June 2025 through November 2025. c. Residential Pavement Maintenance No. 1 (Project No. 2741) – This project will perform light maintenance on Residential Neighborhood – Zone 3O (Partial 1).

Res. No. 24-XX 4
Maintenance is focused on the streets around Aspen Drive, Linden Drive, and surrounding side streets. The estimated project cost is approximately $1,020,000, and the estimated useful life of the light maintenance is between 7 to 10 years. This project is anticipated for construction from June 2025 through November, and
d. Residential Pavement Maintenance No. 2 (Project No. 2742) – This project will perform light pavement rehabilitation on Residential Neighborhood – Zone 3O (Partial 2), Zone 3A and 3E. Pavement Rehabilitation is focused on the streets around Navarone Way and related side streets (3A), such as Alfonso Drive, Frayne Lane, Ryan Road, St. Joseph Drive, Atison Court, Minert Road, and related side streets (3E). The estimated project cost is approximately $3,300,000, and the estimated useful life of the light pavement rehabilitation is between 10 to 15 years. This project is anticipated to be constructed in June 2026 through November 2026.

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

PASSED AND ADOPTED by the City Council of the City of Concord on August 13, 2024, by the following vote:

AYES: Councilmembers -
NOES: Councilmembers -
ABSTAIN: Councilmembers -
ABSENT: Councilmembers –
I HEREBY CERTIFY that the foregoing Resolution No. 24-XX was duly and regularly adopted at a regular meeting of the City Council of the City of Concord on August 13, 2024.

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney

Capital Improvements Project 2024-2025City of Concord
Number: 2609
Title: Clayton Road Pavement Rehabilitation
Manager: Justine Gee
Proposed By: CDD - Engineering
Classification: TIP-Local Streets and Roads
Location: Clayton Road
Begin Date: 7/1/2022
Completion Date: 12/31/2025
Related Projects:

Description: This project will consist of pavement rehabilitation of Clayton Rd from Maynard St to the city limits at the City of Clayton. Clayton Rd in the project area has a Pavement Condition Index (PCI) in the 60-80 range with light rehab as the appropriate treatment. Potential treatments include crack seal, slurry seal, cape seal, thin maintenance overlay (TMO), and base repairs.

Pertinent
Issues:

Staff implements the City of Concord’s Pavement Maintenance Program (PMP) to ensure equal distribution of pavement maintenance funds, by dividing the City into five geographical areas (Zones 1-5). Based on this system, the City assesses all of the arterial and collector streets on a bi- annual basis, and assesses the residential streets at least once every 5 years.

This project is selected for treatment as identified in Year 4 of the 2020 Five-Year Pavement Expenditure Plan.

Description
Prior
Allocation
Prior
Expend.

Carry-
over
FY 24-25
New
FY 25-26
New
Avail.

Total
FY 26-27
Est.

FY 27-28
Est.

FY 28-29
Est.

FY 29-30
to 33-34
Est.

Project
Grand
Total
Funding Sources
266 State Gas Tax SB1 (RMRA) 1,300,000 1,300,000 1,300,000 407 2021 Debt Issuance (Measure V) 8,961,000 425,727 8,535,273 8,535,273 8,961,000 Total: 8,961,000 425,727 8,535,273 1,300,000 9,835,273 10,261,000 Project Expenditures
50,000 50,000 50,000 50,000
407 Salaries & Benefits 60,185 (60,185) (60,185)
(50,000) (50,000) 8,761,000 8,711,000 8,711,000
000 74200-000 Construction
000 74250-000 Construction Engineering
000 74500-000 Design Engineering 1,500,000 1,500,000 1,500,000 1,500,000 Jul 11, 2024 04:46 PM Capital Improvements Project 2024-2025 Page 1 Attachment 2

Capital Improvements Project 2024-2025City of Concord
Description
Prior
Allocation
Prior
Expend.

Carry-
over
FY 24-25
New
FY 25-26
New
Avail.

Total
FY 26-27
Est.

FY 27-28
Est.

FY 28-29
Est.

FY 29-30
to 33-34
Est.

Project
Grand
Total
407 63300-000 Advertising And Promotion 602 (602) (602) 407 63800-000 CONTRACTS- -Use With Activity 20 (20) (20) 407 74500-000 Design Engineering 364,919 (364,919) (364,919) Total: 1,500,000 425,727 1,074,273 8,761,000 9,835,273 10,261,000 Jul 11, 2024 04:46 PM Capital Improvements Project 2024-2025 Page 2