Concord City Council
January 14, 2025

1 COUNCILMEMBERS
Carlyn S. Obringer, Mayor
Laura M. Nakamura, Vice Mayor
Dominic D. Aliano
Pablo Benavente
Laura M. Hoffmeister
Civic Center
1950 Parkside Drive
Concord, CA 94519
www.cityofconcord.org
Regular Meeting of the
Concord City Council
Tuesday,
January 14, 2025
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 Amended Agenda
Changes Reflected in Green
Highlight – Agenda Item No.

5.a moved from Consent to
Consideration Item
2 participate remotely pursuant to AB 2449, and therefore no remote public comment will be accepted at the meeting. If, after publication of this agenda and before the meeting begins, any councilmember determines that they will need to participate remotely due to just cause or emergency circumstances under AB 2449, their remote participation will be announced at the outset of the meeting in connection with the Roll Call item. If a Councilmember participates in the meeting remotely pursuant to AB 2449, the public may participate and provide public comment remotely, as follows:
a. Zoom:
https://cityofconcord.zoom.us/j/83495774508?pwd=QUvvaUvA2kFV_o6CE5Pha7IHRtP5g.qclqLhNzKMnbC4BH or Zoom Webinar ID: 834 9577 4508 and Passcode: 823466
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 – Announcements/Consideration and Approval of Requests by Councilmembers to Participate Remote Pursuant to AB 2449 Pledge of Allegiance – Councilmember Hoffmeister

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

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

3. ANNOUNCEMENTS
a. Announcing – a recruitment for the City's Representative on the Contra Costa County Iron Horse Corridor (IHC) Management Program Advisory Committee for a two-year term ending January 31, 2027, and setting a deadline for receipt of applications by the City Clerk on Friday, February 14, 2025, at 5 p.m. Report by Joelle Fockler, City Clerk.

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

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 organization may request removal of an item from the Consent Calendar for separate consideration.

If a request for removal of an item from the Consent Calendar has been received, the Mayor may defer action on the particular item and place the same on the regular agenda for consideration in any order s/he deems appropriate. Please see “How to Submit Public Comments” above. a. Considering – approval of the minutes from the December 3, and 10, 2024, Special meetings and Dececmber 3, and 10, 2024 Regular meetings.

Recommended by the City Clerk.
b. Receiving – the Treasurer's Report for the period July 1 - September 30, 2024. Recommended by the City Treasurer.
c. Considering – the recommendation to reappoint Keith McMahon to continue to serve as Concord’s Representative on the Contra Costa County Aviation Advisory Committee for a three-year term ending February 28, 2028. d. Considering – approval of the 2025 City Council Meeting Calendar.

Recommended by the City Clerk.
e. Considering – adoption of a Resolution Approving and Ratifying a letter of agreement with the Concord Police Association amending Section 13 – Holidays of the Concord Police Managers’ Representation Unit memorandum of understanding executed by the Director of Human Resources in her capacity as the City Manager’s designee. Recommended by the Director of Human Resources.

CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, California Code of Regulations Title 14 Sections 15060, 15061(b), and/or 15378.
f. Considering – the following actions in relation to the Citywide Accessibility Improvements No. 11 (Project No. 2725), which will upgrade curb ramps Citywide:

1. Award of a Construction Contract in the amount of $366,407 to Rapid Grading Services and authorizing Staff to utilize the available project contingency for contract change orders up to 10% of the contract amount; and authorizing the Mayor to execute the contract in a form acceptable to the City Attorney; and make the NEPA and CEQA determination as provided in this staff report; (Funded by Community Development Block Grant Funds and Measure J Local Funds); and

2. Approving related budget transfers in the total amount of $152,766.59 from various projects as shown in the staff report;

3. Authorizing the City Engineer to accept the improvements upon completion of Project No. 2725 and directing the City Clerk to file a Notice of Completion.

Recommended by the Director of Community Development.
5 NEPA: Categorical exclusion per Section 24 CFR 58.25 (a)(2). CEQA: Not a project/exempt per CEQA Guidelines Sections 15060 (c), 15061(b)(3), 15273, 15378, 15301, 15302, 15304, and/or Public Resources Code Section 21065. g. Considering – approval of Task Order #2 with UNICO Engineering in the not-to-exceed amount of $581,877.06 to provide constructability review of bid documents, construction management, material testing, and related services for the Residential Pavement Maintenance Phase E Project (Project Nos. 2613 & 2621); and authorizing the City Manager to execute the agreement, in a form acceptable to the City Attorney (Measure V Funds) Recommended by the Director of Community Development.

CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(3), and 15378.
h. Considering – adoption of a Resolution Accepting the Development Impact Fee Report for Fiscal Year 2023-2024 and making findings in compliance with AB 1600. (Government Code Section 66000 et. seq.)
CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060, 15061(b)(3), 15262, 15273, and/or 15378.
i. Considering – the following actions for the Court Lane and Joan Avenue Bicycle Improvements Project:

1. Adoption of a Resolution approving a request to the Metropolitan Transportation Commission (MTC) by the City of Concord for an allocation of $192,000 of Transportation Development Act Article 3 Pedestrian and Bicycle Project Funding for Fiscal Year 2025-2026; and

2. Authorize the City Manager to accept and appropriate grant funding up to allocation amount of $192,000 from MTC and execute all necessary documents in a form acceptable to the City Attorney; and

3. Allocate the City’s local match by appropriating funds to the project through budget transfers in the amount of $40,873.53 (Meaure J Local and Measure V Funds). Recommended by the Director of Community Development.

CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(3), 15273, 15378, 15282(j), 15378, 15301, 15302, 15303, 15304, Public Resources Code Section 21065, and/or 21080.19.

5. CITY COUNCIL CONSIDERATION ITEMS
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. 6 a. Considering – adoption of a Resolution approving an exception to the 180- day waiting period to hire a CalPERS retiree in accordance with Government Code Sections 7522.56 and 21224.Report by James Peavey, Human Resources Manager.

CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, California Code of Regulations Title 14 Sections 15061(b), 15273 and/or 15378.
b. Considering – terms and expectations for the Request for Proposal (RFP) to restart Town Center II Disposition. Report by Marie Suvansin, Economic Development Manager.

CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Section 15060(c)(2), 15061(b)(3), 15262, and/or 15378.
c. Considering – a Preliminary Application to provide feedback on the renovation of the existing 206 multifamily units within Victory Village and redevelopment of Quinault Village by demolishing the existing 80 duplex units and constructing 508 multifamily and townhome units for a total of 714 units on the former 59-acre Coast Guard site located at 3295 Haleakala Street (APN: 111-010-023). Report by Frank Abejo, Principal Planner.

CEQA: Not a project/exempt per Public Resources Code 21065, CEQA Guidelines Sections 15060 (c), 15061(b)(3), 15262, and/or 15378

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

7. REPORTS AND ANNOUNCEMENTS
Closed Session Announcements
City Manager or Staff Reports
Council Reports
a Considering – appointing Councilmembers to represent the City Council on Council committees and regional bodies and boards of various external organizations of which the City is a member. Report by Mayor Obringer.

8. ADJOURNMENT
7 Next Meeting: Regular Meeting
Date: 1/28/2025 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.

Agenda Item No. 2.a
Written Public Comment
January 14, 2025
From: IZ Ra <[email protected]>
Sent: Monday, January 13, 2025 5:36 PM
To: City Clerk <[email protected]>
Subject: 01/14/24 - Public comment
Hello,
Please comment on the issue of sound pollution via modified exhaust systems. It seems that nothing is done on the front.

The amount of cars making all kinds of sounds for no reason is getting out of hand. California law approves immediate fines.

Loud noises affect everyone: DAY and NIGHT: kids get startled during the day or get woken up at night, seniors with weak hearts, adults that work, first responders who dont get sleep and then perform surgeries, man in blue...etc. There is NO point whatsoever for people to have loud mufflers.

What is needed to tackle the issue? Let's raise fines.

Not addressing will bring more chaos to the beautiful city of Concord. thank you,
Ivan

2.a

From: Mary Cook <[email protected]>
Sent: Tuesday, January 14, 2025 1:50 PM
To: City Clerk <[email protected]>
Subject: Divest from Israel
Good Afternoon,
My name is Mary Cook and I am a resident at 4220 Clayton Road #3205 Concord CA.

I am writing to the City Council to strongly urge the council to divest from any funds that support Israel.

The city of Concord, CA, is currently invested in corporations that directly aids and abets Israel in violating human rights, apartheid, and occupation of Palestine, genocide of Palestinians, and undermines international law and human rights principles. Israel has been recognized by many international organizations, including the United Nations, which reported that Israel has committed war crimes, crimes against humanity and violations of International Human Rights Law. The Concord City Council must take a moral and ethical stance by adopting an Investment Policy with a commitment to divest from companies that consistently, knowingly, and directly enable or facilitate genocide, apartheid, or other war crimes and crimes against humanity We as citizens of the United States remain complicit when we allow our tax dollars to go to Israel and funding this genocide of the Palestinian people. A City divesting sends a strong message to our government that we do not stand for this. It sends a strong message to our community members that we stand in solidarity with the Palestinian people.

Thank you for your time,
Mary Cook

From: Emma Saeyang <[email protected]>
Sent: Tuesday, January 14, 2025 2:45 PM
To: City Clerk <[email protected]>
Subject: Public Pomment
Hello City Council. I am a Concord resident and I support the city divesting from corporations that aid Israel in the genocide of Palestinians in Gaza. Please pass a new policy to divest from Israel.

Emma Saeyang

From: Kay <[email protected]>
Sent: Wednesday, January 15, 2025 12:37 PM
To: Obringer, Carlyn <[email protected]>; Nakamura, Laura <[email protected]>; Hoffmeister, Laura
<[email protected]>; Aliano, Dominic
<[email protected]>; Benavente, Pablo
<[email protected]>; City Clerk <[email protected]> Subject: Signatures from Residents/Business Owners of Concord for Divestment Mayor Obringer and City Council Members,
As requested last night during public comment at the City Council Meeting, I am attaching copies of the signatures I obtained from supporters of Divestment from Israel.

The typed list is the responses I received on-line. I can send you a link to the form if you would like to see but it's same text as the ones with signatures.

One 2 of the pages with emails and phone numbers, I crossed that info out because I do not have permission at the time to share that with you.

Please contact me to discuss divestment.

Thank you,
Kay Saeyang
Written Public Comment
Received after 3:00 p.m on January 14, 2025
Agenda Item No. 2

Written Public Comment
Received at the meeting on January 14, 2025
Agenda Item No. 2

Staff Report
Date: January 14, 2025
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Joelle Fockler, MMC, City Clerk
Prepared by: Monique Robinson, Deputy City Clerk
[email protected]
(925) 671-3295
Subject: Announcing a recruitment for the City’s representative on the Contra Costa County Iron Horse Corridor (IHC) Management Program Advisory Committee for a two-year term ending
January 31, 2027, and setting a deadline for receipt of applications by the City Clerk on Friday, February 14, 2025, at 5 p.m.

Report in Brief
An opening for the City’s representative on the Contra Costa County Iron Horse Corridor (IHC) Management Program Advisory Committee for a two-year term ending January 31, 2027, is being announced, and a deadline is being set for the receipt of applications to the City Clerk on Friday, February 14, 2025, at 5 p.m.

Applications will be available on the City’s website beginning Wednesday, January 15, 2024.

Recommended Action
Announce an opening for the City’s representative on the Contra Costa County Iron Horse Corridor (IHC) Management Program Advisory Committee for a two-year term ending January 31, 2027, and setting a deadline is being set for the receipt of applications to the City Clerk on Friday, February 14, 2025, at 5 p.m.

3.a

City Council Agenda Report
Agenda Item No. 4.a
January 14, 2025
Background
In accordance with Policy and Procedure No. 89, this announcement initiates a recruitment to fill the City’s representative on the Contra Costa County Iron Horse Corridor (IHC) Management Program Advisory Committee.

The Advisory Committee includes seats for one representative from each jurisdiction or unincorporated community along the corridor (Alamo, City of Concord, City of San Ramon, Town of Danville, City of Walnut Creek, and City of Pleasant Hill); a District II seat; a District IV seat; and a seat for the East Bay Regional Park District.

The City’s current representative, Dan Mackay, has served on the Committee since November 2018. His term is ending on January 31, 2025, and he does not wish to continue to serve.

Purpose
The Iron Horse Corridor Management Program Advisory Committee was authorized by the Board of Supervisors on July 22, 1997, to assist Contra Costa County in developing a management program for the Iron Horse Corridor. The Corridor extends approximately 18 miles from near Mayette Avenue in Concord to the Alameda County line.

The Board of Supervisors directed that the Advisory Committee participate in the development of the management program, and that the management program would include the following six elements: 1) mapping of existing and committed uses within the right-of-way, 2) inventory of all existing license agreements, easements, contracts and conditions for uses within the right-of-way, 3) establishment of criteria and standards to ensure the continued operation of the right-of-way as a joint use facility, 4) landscaping program consistent with existing and committed uses, 5) public information program and 6) funding mechanisms to cover program costs, including installation and maintenance of landscaping.

On October 17, 2000, the Board of Supervisors expanded the Advisory Committee’s role to continue to work on implementing and monitoring the Landscape Element of the Management Program and to assist in completion of the Joint Use Criteria and Standards, Public Information and Finance Elements of the Management Program.

Public Contact
The City Council Agenda was posted. A news release will be issued and distributed.

The announcement will be televised on the Concord TV Cable Channel 28 (Comcast), Channels 29 and 1026 (Astound/Wave), and Channel 99 (AT&T U-verse) community Bulletin Board. The news release will be posted at the Concord Senior Center, Concord Police Department, the Concord Library, in the City’s agenda display case, on the City’s website, and via social media.

SPECIAL MEETING OF THE

CONCORD CITY COUNCIL

CITY COUNCIL CONFERENCE ROOM
1950 PARKSIDE DRIVE, WING A

CONCORD, CALIFORNIA
TUESDAY, DECEMBER 3, 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, December 3, 2024, with Mayor Birsan presiding and all Councilmembers present. (Vice Mayor Obringer arrived at 6:03 p.m.).

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 on the agenda item, Mayor Birsan closed the public comment period.

The meeting was recessed and immediately reconvened in a closed session on PUBLIC EMPLOYEE APPOINTMENT Government Code Section 54957(b)(1) Title: Community Development Director.

ADJOURNMENT
By order of the Mayor, the meeting was adjourned on December 3, 2024, at 6:20 p.m.

EDI E. BIRSAN
MAYOR

JOELLE FOCKLER, MMC

CITY CLERK

4.a

REGULAR MEETING OF THE

CONCORD CITY COUNCIL CITY COUNCIL

CHAMBER
1950 PARKSIDE DRIVE

CONCORD, CALIFORNIA AND VARIOUS

TELEPHONIC/ELECTRONIC LOCATIONS
TUESDAY, DECEMBER 3, 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, December 3, 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; Susanne Brown, City Attorney; Justin Ezell, Assistant City Manager; Joelle Fockler, City Clerk; Monique Robinson: Deputy City Clerk; Greg Taylor, Director of Information Technology; Mark Bustillos, Chief of Police; Will Tarbox, Director of Public Works; Karan Reid, Director of Finance; James Nakayama, Police Captain; Kit Jory, Parks Manager; Donna Lee, Budget Officer; Bruce Davis, Senior Civil Engineer; Deyuanne Lei, Associate Civil Engineer; Melissa Rea, Economic Development Specialist; James Lacey, Maintenance Superintendent

MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Pete Bennett; Fro Schmidt, Concord; Suzan Requa, Concord; Natalie; Dena Acosta-Beere, Concord; Brian Davis

PUBLIC COMMENT PERIOD
Pete Bennett spoke of the losses he has endured over the years.

Fro Schmidt, Concord, spoke of recent crime within a two-block radius of her home/work.

Suzan Requa, Concord, requested that the City Council form a Community Advisory Commission to provide input for the Reuse Project at the former Naval Weapons Station.

Natalie suggested that the City partner with Contra Costa County to keep people out of Walnut Creek to preserve the salmon population.

Dena Acosta-Beere, Concord, spoke of condominiums and rent stabilization regulations.

PRESENTATIONS
MAYOR’S ART COMPETITION WINNERS
Mayor Birsan presented certificates to the Mayor’s Art Competition winners Samantha Gasper Mejia, Sun Terrace Elementary; Sophia Hernandez, Oak Grove Middle School; Marco Gnusti, De La Salle High School; and Jenner Breward, Sequioa Elementary.

City Council Minutes December 3, 2024
2 Mayor Birsan opened a public comment period, and upon receiving no public comment, closed the public comment period.

BUSINESS RECOGNITION AWARDS – Bayshore Supply, Lisa V’s, Pacific States Petroleum, and Sugar Plum Coffee Shop
Mayor Birsan introduced Economic Development Specialist Melissa Rea, who presented an overview of the program and introduced Greater Concord Chamber of Commerce President/CEO Kevin Cabral, who presented Business Recognition Awards to Bayshore Supply, Lisa V’s, Pacific States Petroleum, and Sugar Plum Coffee Shop.

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

URBAN FORESTRY PROGRAM UPDATE
Mayor Birsan introduced Kit Jory, Parks Manager, who provided an overview of the Urban Forestry and introduced Chris Peiffer, Director of Urban Forestry Strategy, PlanIT Geo, who, along with team members TJ Wood, Director of Field Services; Rocky Yosek, Field Services Operations and Account Manager, and Alex Hancock, Director of Urban Forestry Consulting Services, presented an update on the Tree Maintenance Plan, inventory, and tree management software.

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

Natalie requested citizen training on the software so that community members can easily report issues.

Mayor Birsan closed the public comment period.

ANNOUNCEMENT
RECRUITMENT FOR OPENINGS ON CITY BOARDS AND COMMISSIONS – Concord’s Bicycle and Pedestrian, Advisory Committee; Concord Pavilion Community Outreach Committee; Design Review Board; and Planning Commission
Deputy City Clerk Monique Robinson announced openings on Concord’s Bicycle and Pedestrian, Advisory Committee; Concord Pavilion Community Outreach Committee; Design Review Board; and Planning Commission; and setting a deadline of Friday, January 10, 2025, at 5 p.m. for applications to be due to the City Clerk.

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

APPROVE MINUTES – October 8, 22, and November 12, 2024
A motion was made by Aliano and seconded by Obringer to approve the minutes from the October 8, 22, and November 12, 2024, meetings. The motion passed by unanimous vote of the Council.

EXTEND AMERICAN RESCUE PLAN ACT (ARPA) GRANT ALLOCATIONS A motion was made by Aliano and seconded by Obringer to authorize the City Manager to grant six-month extensions to nine nonprofit groups that received American Rescue Plan Act grant allocations from the City of Concord in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.

City Council Minutes December 3, 2024
3 ADOPT RESOLUTION NO. 24-53 – Edward Byrne Memorial Justice Assistance Grant (JAG) Program A motion was made by Aliano and seconded by Obringer to adopt Resolution No. 24-53 entitled, “A Resolution Accepting and Appropriating Grant Funding from the Fiscal Year 2024 Edward Byrne Memorial Justice Assistance Grant (JAG) Program in the Amount of $41,920 to the City of Concord as a Second-Tier Sub-Grantee and the Contra Costa County Office of the Sheriff as the Direct Awardee.” The motion passed by unanimous vote of the Council.

ACCEPT IMPROVEMENTS – Police Department Generator and Transfer Switch Replacement Project (Project No. 2653)
A Motion was made by Aliano and seconded by Obringer to accept improvements for Police Department Generator and Transfer Switch Replacement Project (Project No. 2653); and directing the City Clerk to file a Notice of Completion. The motion passed by unanimous vote of the Council.

APPROVE PROFESSIONAL SERVICE AGREEMENT – PlanIT Geo, Inc A motion was made by Aliano and seconded by Obringer to approve a Professional Services Agreement with PlanIT Geo, Inc. in the not-to-exceed amount of $247,263 (base agreement of $224,785 plus staff authority to spend up to a 10% contingency of $22,478) to conduct an Urban Forest Management Plan; 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.

CITY COUNCIL CONSIDERATION ITEMS
ADOPTION OF RESOLUTION NO. 24-54 – Accepting and Appropriating Grant Funding from the Department of Justice (DOJ) for the Tobacco Grant Program Captain James Nakayama presented the staff report, explaining that the City Council was being requested to adopt a Resolution accepting and appropriating grant funding from the Department of Justice (DOJ) in the amount of $68,744 for the Tobacco Grant Program and enter into a Memorandum of Understanding (MOU) with the Department of Justice to provide for retail tobacco enforcement and education in the City of Concord.

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

Brian Davis, Concord, spoke of program enforcement.

Mayor Birsan closed the public comment period.

Following discussion by Council, a motion was made by Nakamura and seconded by Aliano to adopt Resolution No. 24-54 entitled, “A Resolution Accepting and Appropriating Grant Funding from the State of California Department of Justice, Office of Attorney General, Tobacco Grant Program in the amount of $68,744 for Retail Tobacco Enforcement and Education and Appropriation of Funds and Approval for Use for the City’s Retail Tobacco Enforcement and Education Program.” The motion passed by unanimous vote of the Council.

ENTERPRISE RESOURSE PLANNING (ERP) SYSTEM
Greg Taylor, Director of Information Technology presented the staff report, provided background information on the current Lawson system, an overview of the ERP system including the selection process, benefits to the City, and implementation timeline.

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

City Council Minutes December 3, 2024
4 Following discussion by Council, a motion was made by Hoffmeister and seconded by Nakamura to approve various actions and associated contracts related to the acquisition of a new financial Enterprise Resource Planning (ERP) System for a total not-to-exceed amount of $11,192,780 over 10 years, including a 20% contingency; and authorizing the City Manager to execute the ERP agreements in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.

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 December 3, 2024, at 9:02 p.m. in memory of John V. Howard.

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, DECEMBER 10, 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, December 10, 2024, with Mayor Birsan presiding and all Councilmembers present. (Councilmember Nakamura arrived at 6:10 p.m.). 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 Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: One potential case.

ADJOURNMENT
By order of the Mayor, the meeting was adjourned on December 10, 2024, at 6:20 p.m.

EDI E. BIRSAN
MAYOR

JOELLE FOCKLER, MMC

CITY CLERK

REGULAR MEETING OF THE

CONCORD CITY COUNCIL/CITY COUNCIL

SITTING AS THE LOCAL REUSE AUTHORITY

CITY COUNCIL CHAMBER
1950 PARKSIDE DRIVE

CONCORD, CALIFORNIA AND VARIOUS

TELEPHONIC/ELECTRONIC LOCATIONS
TUESDAY, DECEMBER 10, 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, December 10, 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; Monique Robinson: Deputy City Clerk; Greg Taylor, Director of Information Technology; Mark Bustillos, Chief of Police; Will Tarbox, Director of Public Works; Karan Reid, Director of Finance; Guy Bjerke, Director of Economic Development & Base Reuse; Jasmin Loi, Director of Human Resources; Steve
Voorhies, Director of Recreation Services; Mindy Gentry, Director of Community Development; James Nakayama, Police Captain; Jennifer Ortega, Community Relations Manager; Donna Lee, Budget Officer; R.J. Natal, Program Manager

MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Tari Loring, Walnut Creek; D’Marco Anthony; Judith Ortiz; Betty Gabaldon, Concord; Lupe Tolento, Concord; Debra Ballinger; Cecilia Perez; Eric Haynes; Ajit Kaushal, Concord; Ken Carlson; Graciela Guerrero-Reynoso; Jeff Koertzen, Concord; Ady
Olivera; Robyn Kustlits, Concord; Suzan Requa, Concord; Jill Finn, Alamo; Kay Saeyang, Concord; Lomo Love.

PUBLIC COMMENT PERIOD
Mayor Birsan moved the public comment period to the end of the meeting.

PRESENTATIONS
HELEN PUTNAM AWARD – League of California Cities
Mayor Birsan introduced Samantha Caygill, Regional Public Affairs Manager, East Bay Division, League of California Cities, who presented the City Council with a Helen Putnam Award for Excellence in the Economic Development through the Arts Category.

Mayor Birsan opened a public comment period.

Teri Loring, Creative Concord, thanked their partners and the City Council for its support of the project.

City Council Minutes December 10, 2024
2 Mayor Birsan closed the public comment period.

GIFTS FROM CITY OF CONCORD SISTER CITY, KITAKAMI, JAPAN Mayor Birsan introduced Concord Ambassadors Mike Pastrick and Mary Rae Lehman, who presented the Council with gifts from the delegation from Concord Sister City, Kitakami, Japan, during the delegation’s recent visit to Concord in October 2024.

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

MAYOR’S COMMUNITY SERVICE AWARD – Mike Pastrick and Mary Rae Lehman Mayor Birsan presented Mike Pastrick and Mary Rae Lehman with the Mayor’s Community Service Award.

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.

APPROVE AGREEMENT – MJL Enterprises
A motion was made by Hoffmeister and seconded by Obringer to approve a five-year agreement with MJL Enterprises to provide batting cage services at Willow Pass Park 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.

APPROVE AGREEMENT – Active Network, Inc
A motion was made by Hoffmeister and seconded by Obringer to approve and execute a Product and Services Agreement with Active Network, Inc., in a form acceptable to the City Attorney, for recreation management software for an initial three-year term with two automatic renewal periods of two (2) years each at an estimated cost of $119,057 in Fiscal Year 2024/2025, an estimated cost of $121,033 in Fiscal Year 2025/2026, totaling $363,149 for the first three years and $166,660 in Fiscal Year 2030/2031, and over seven years totaling $977,589. The motion passed by unanimous vote of the Council.

CITY COUNCIL REORGANIZATION PROCEEDINGS
ADOPT RESOLUTION NO. 24-55 – Declaring and Accepting Results of November 5, 2024, General Municipal Election
City Clerk Joelle Fockler presented the results of the November 5, 2024, General Municipal Election.

Mayor Birsan opened a public comment period.

D’Marco Anthony, spoke of a fair election.

Mayor Birsan closed the public comment period.

City Council Minutes December 10, 2024
3 A motion was made by Birsan and seconded by Aliano to adopt Resolution No. 24-55 entitled, “A Resolution Declaring and Accepting the Results of the November 5, 2024, General Municipal Election for the City of Concord.” The motion passed by unanimous vote of the Council.

RECOGNITION OF AND COMMENTS BY OUTGOING MAYOR – Edi Birsan Mayor Birsan opened a public comment period. The following people spoke in recognition of Mayor Birsan:

Judith Ortiz, Executive Director, Monument Impact
D’Marco Anthony
Betty Gabaldon, Concord
Lupe Tolento, Concord
Debra Ballinger, United Latino Voices of Contra Costa County Cecilia Perez, Rising Juntos
Eric Haynes
Ken Carlson, Contra Costa County Supervisor, District IV Ajit Kaushal, Concord
Mayor Birsan closed the public comment period.

Following comments by the Council, Mayor Birsan made comments regarding his tenure on the Concord City Council, thanked his colleagues, and shared his accomplishments during his time served on the City Council.

Mayor Birsan left the dais, and Vice Mayor Obringer took over the meeting.

OATH OF OFFICE – Councilmembers-elect Obringer and Benavente, City Clerk Joelle Fockler administered the Oath of Office to Carlyn S. Obringer, Councilmember, District 2, and Pablo Benavente, Councilmember, District 4.

Mayor Obringer opened a public comment period. The following people spoke in recognition of those receiving their Oath of Office:

D’Marco Anthony
Ken Carlson, District IV, Supervisor
Graciela Guerrero-Reynoso
Jeff Koertzen
Debra Ballinger
Ajit Kaushal
Eric Haynes
Ady Olivera
Robyn Kustlits
Mayor Obringer closed the public comment period.

City Council Minutes December 10, 2024
4 COMMENTS – Councilmembers-elect
Councilmembers each made comments, thanking their colleagues, staff, and families for support.

ADOPT RESOLUTION NO. 24-56 – Confirming and Designating the Mayor A motion was made by Aliano and seconded by Nakamura to nominate Vice Mayor Carlyn S.

Obringer as Mayor of the City of Concord and adopt Resolution No. 24-56 entitled, “A Resolution Designating Carlyn S. Obringer as Mayor of the City of Concord.” Mayor Obringer opened a public comment period, and upon receiving no public comment, closed the public comment period.

The motion passed by unanimous vote of the Council.

ADOPTION OF RESOLUTION NO. 24-57 – Confirming and Designating the Vice Mayor A motion was made by Aliano and seconded by Benavente to nominate Councilmember Laura M.

Nakamura as Vice Mayor of the City of Concord and adopt Resolution No. 24-57 entitled, “A Resolution Designating Laura M. Nakamura as Vice Mayor of the City of Concord.” Mayor Obringer opened a public comment period.

Suzan Requa, requested consideration of Councilmember Benevente for Vice Mayor and Vice Chair of the Local Reuse Authority.

Mayor Obringer closed the public comment period.

The motion passed by unanimous vote of the Council.

CONFIRMATION OF LOCAL REUSE AUTHORITY REORGANIZATION
A motion was made by Aliano and seconded by Hoffmeister confirming the designation of Mayor Obringer and Vice Mayor Nakamura to serve as the Chair and Vice Chair of the Local Reuse Authority for the Concord Naval Weapons Station Reuse Plan respectively, as authorized by Resolution No. 06-01, adopted January 10, 2006.

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

The motion passed by unanimous vote of the Council.

PUBLIC COMMENT PERIOD
Jill Finn, Design Review Board Chair, spoke about the restrooms being closed at sundown at the Willow Pass Center.

Kay Saeyang, Concord, spoke regarding divestment.

D’Marco Anthony, spoke regarding United Against Hate week.

Lomo Love, spoke about human rights.

Anonymous, spoke of her abuse by someone at a massage parlor..

City Council Minutes December 10, 2024
5 CORRESPONDENCE
a. Agenda Item No. 5.a – Benched Correspondence
b. Agenda Item No. 5.f – Benched Correspondence
c. Agenda Item No. 5.a – Results of the November 5, 2024, General Municipal Election – PowerPoint Presentation

ADJOURNMENT
By order of the Mayor, the meeting was adjourned on December 10, 2024, at 8:45 p.m. in memory of Norma Griffin.

CARLYN S. OBRINGER
MAYOR

JOELLE FOCKLER, MMC

CITY CLERK

MEMORANDUM
TO:

FROM:

DATE:

SUBJECT:

City Council
Patti Barsotti, City Treasurer
January 14, 2025
Treasurer’s Report: July 1, 2024 – September 30, 2024
The attached report presents the City’s investment portfolio as of the quarter ending September 30, 2024 and has been prepared in compliance with California Code Section 53646. Market values have been provided by PFM Asset Management on the attached detail.

On April 1, 2013, the City contracted with investment advisor PFM Asset Management to manage the City’s portfolio. The City’s strategy is to retain sufficient cash flow to manage day-to-day operations and have PFM focus on longer-term investment management. All investments are held by the City in safekeeping accounts through BNY Mellon and US Bank, except for investments held by trustees related to bond financings.

City Managed
(in millions)
PFM Managed
(in millions)
Total Unrestricted
Portfolio
(in millions)
Restricted
(in millions)
Cash LAIF CAMP Cal Trust Portfolio (Market Value)
LAIF
COP Proceeds
Portfolio
Balance $14.06 $55.06 $110.95 $24.55 $63.94 $268.56 $84.95 Effective
Yield N/A 4.71% 5.29% 3.84% 3.75% 4.47% 4.71%
Avg.

Weighted
Maturity N/A 1 Day 1 Day 1 Day 2.66 Years .48 Years 1 Day Treasurer Certification:

I certify that these reports accurately reflect all pooled investments, are in compliance with California Government Code Section 53646 and are in conformity with the investment policy adopted by City Council, June 27, 2023. This report will be posted to the Treasurer’s Website within 45 days of quarter end to comply with the City’s investment policy mandate.

As Treasurer of the City of Concord, I hereby certify that sufficient investment liquidity and anticipated revenue are available to meet the next six month’s estimated expenditures (CA Code sec 53646(b)).
______________________________ ______________________________ E. Patricia Barsotti, CITY TREASURER Date

4.b

City of Concord
Cash and Investment Summary
as of September 30, 2024
Sector Average Maturity Par Amount Adjusted Cost Market Value Coupon Yield at
Market
Cash Equivalents
Cash on Hand* 1 Day 14,060,778.64 14,060,778.64 14,060,778.64 - - Portfolio Cash 1 Day 150,119.13 150,119.13 150,119.13 - 0.00% CAMP* 1 Day 110,947,841.50 110,947,841.50 110,947,841.50 - 5.29% LAIF* 1 Day 55,061,735.66 55,061,735.66 55,061,735.66 4.71% LAIF Restricted Financing Proceeds* 1 Day 84,949,858.38 84,949,858.38 84,949,858.38 - 4.71% Cash Equivalents Subtotal 1 Day 265,170,333.31 265,170,333.31 265,170,333.31 4.70% Other Investments
CalTrust Short Term Fund* 1 Day 3,550,000.00 4,745,409.77 4,781,591.42 - 4.44% CalTrust Medium Term Fund* 1 Day 17,050,000.00 19,905,043.31 19,766,944.03 - 3.69% Other Investments Subtotal 1 Day 20,600,000.00 24,650,453.08 24,548,535.45 3.84% PFM Managed Portfolio
U.S. Treasuries 3.01 Years 43,425,000.00 41,759,307.05 42,378,383.20 2.73% 3.53% Federal Agencies 1.02 Years 1,575,000.00 1,573,950.38 1,518,954.15 0.43% 3.91% Federal Agency CMBS 0.17 Years 356,859.00 357,727.28 354,818.48 3.06% 5.11% Municipal Obligations 0.91 Years 2,300,000.00 2,300,293.30 2,255,084.64 1.37% 4.34% Corporate Notes 2.36 Years 15,735,000.00 15,742,922.00 15,701,934.41 3.30% 4.21% Certificates of Deposit 1.08 Years 1,700,000.00 1,700,000.00 1,728,173.25 5.57% 3.95% PFM Managed Portfolio Subtotal 2.66 Years 65,091,859.00 63,434,200.01 63,937,348.13 3.75% Total 0.48 Years 350,862,192.31 353,254,986.40 353,656,216.89 4.47% Earnings Summary July 1, 2024 - September 30, 2024 (Accrual Basis) Portfolio Securities
Ending Amortized Value of Securities 63,434,200.01
Ending Accrued Interest 468,596.99
Plus Proceeds from Sales 2,912,292.40
Plus Proceeds of Maturities/Calls/Principal Payments 1,574,544.76 Plus Coupons Received 440,994.35
Less Cost of New Purchases (5,138,773.19)
Less Beginning Amortized Value of Securities (62,704,796.88) Less Beginning Accrued Interest (466,075.78)
Portfolio Securities Subtotal 520,982.66
LAIF
LAIF Subtotal $1,802,189.19
CAMP
CAMP Subtotal $1,797,285.56
CalTrust
CalTrust Subtotal $269,401.73
Grand Total 4,389,859.14
*Values provided by the City of Concord

City of Concord
Cash and Investment Summary
as of September 30, 2024
U.S. Treasuries
12%
Federal
Agencies
Agency CMBS <1%
<1%
Municipal
Obligations
1%
Corporate
Notes
4%
Certificates of
Deposit
<1%
LAIF
16%
LAIF Restricted
Financing
Proceeds
24% CAMP 31%
CalTrust
7%
Cash
4%
Sector Breakdown
AAA
<1%
AA
15%
A
BBB+ 3%
<1%
NR
<1%
Cash
4%
AAf
(CalTrust)
7%

NR (LAIF)
40% AAAm
(CAMP)
31%
Credit Quality
83%
2% 2% 6% 7% 1% 0%
0%
20%40%60%80%
100%
Less than
6 Months
6 to 12 Months 1 to 2 Years 2 to 3 Years 3 to 4 Years 4 to 5 Years Over 5 Years Maturity Distribution

City of Concord
Cash and Investment Detail
as of September 30, 2024
Issuer
S&P
Rating Coupon Maturity Purchased
Days to
Maturity Par Amount Adjusted Cost Market Value
Yield at
Market
Operating Funds
Cash EquivalentsCash on Hand* NR - 10/1/2024 9/30/2024 1 14,060,778.64 14,060,778.64 14,060,778.64 - Portfolio Cash Account AAAm 0.00% 10/1/2024 9/30/2024 1 150,119.13 150,119.13 150,119.13 0.00% LAIF-City of Concord* NR 4.71% 10/1/2024 9/30/2024 1 10,472,240.48 10,472,240.48 10,472,240.48 4.71% LAIF-COP 2021 - Restricted* NR 4.71% 10/1/2024 9/30/2024 1 84,949,858.38 84,949,858.38 84,949,858.38 4.71%LAIF-Sewer Enterprise District - Restricted* NR 4.71% 10/1/2024 9/30/2024 1 44,589,495.18 44,589,495.18 44,589,495.18 4.71%CAMP* AAAm 5.29% 10/1/2024 9/30/2024 1 110,947,841.50 110,947,841.50 110,947,841.50 5.29% Cash Equivalents Subtotal 1 265,170,333.31 265,170,333.31 265,170,333.31 4.70% U.S. TreasuriesU.S. Treasury AA+ 0.75% 4/30/2026 2/25/2022 577 325,000.00 319,715.82 310,209.90 3.65% U.S. Treasury AA+ 0.63% 7/31/2026 8/15/2022 669 925,000.00 886,808.57 875,281.25 3.59%U.S. Treasury AA+ 2.00% 11/15/2026 10/11/2022 776 1,000,000.00 959,406.08 966,602.00 3.56% U.S. Treasury AA+ 2.00% 11/15/2026 11/4/2022 776 475,000.00 453,137.11 459,135.95 3.56% U.S. Treasury AA+ 2.00% 11/15/2026 12/7/2022 776 2,675,000.00 2,574,884.65 2,585,660.35 3.56% U.S. Treasury AA+ 2.00% 11/15/2026 1/6/2023 776 1,925,000.00 1,851,254.96 1,860,708.85 3.56%U.S. Treasury AA+ 2.75% 4/30/2027 2/3/2023 942 1,575,000.00 1,539,410.62 1,542,208.50 3.51%U.S. Treasury AA+ 2.75% 7/31/2027 3/6/2023 1,034 1,725,000.00 1,650,934.93 1,686,052.95 3.51%U.S. Treasury AA+ 2.75% 7/31/2027 5/5/2023 1,034 3,150,000.00 3,078,974.21 3,078,879.30 3.51%U.S. Treasury AA+ 2.75% 7/31/2027 6/6/2023 1,034 1,200,000.00 1,162,118.51 1,172,906.40 3.51%U.S. Treasury AA+ 2.75% 7/31/2027 7/7/2023 1,034 1,350,000.00 1,296,222.37 1,319,519.70 3.51%U.S. Treasury AA+ 2.75% 7/31/2027 8/4/2023 1,034 1,100,000.00 1,054,120.52 1,075,164.20 3.51%U.S. Treasury AA+ 2.75% 7/31/2027 9/8/2023 1,034 2,150,000.00 2,052,384.41 2,101,457.30 3.51%U.S. Treasury AA+ 3.88% 11/30/2027 10/6/2023 1,156 950,000.00 924,017.44 957,978.10 3.51% U.S. Treasury AA+ 3.88% 11/30/2027 12/5/2023 1,156 7,200,000.00 7,124,366.74 7,260,465.60 3.51% U.S. Treasury AA+ 3.88% 11/30/2027 1/5/2024 1,156 2,750,000.00 2,741,467.31 2,773,094.50 3.51%U.S. Treasury AA+ 4.00% 2/29/2028 2/6/2024 1,247 1,350,000.00 1,354,737.64 1,367,824.05 3.50%U.S. Treasury AA+ 4.00% 2/29/2028 3/6/2024 1,247 1,150,000.00 1,139,267.10 1,165,183.45 3.50%U.S. Treasury AA+ 4.00% 2/29/2028 5/6/2024 1,247 2,350,000.00 2,292,331.28 2,381,027.05 3.50%U.S. Treasury AA+ 1.25% 6/30/2028 6/11/2024 1,369 3,650,000.00 3,257,959.63 3,352,152.70 3.57%U.S. Treasury AA+ 1.25% 6/30/2028 7/3/2024 1,369 1,025,000.00 911,720.48 941,357.95 3.57% U.S. Treasury AA+ 1.25% 6/30/2028 8/5/2024 1,369 1,000,000.00 906,632.38 918,398.00 3.57%U.S. Treasury AA+ 1.25% 6/30/2028 9/6/2024 1,369 2,425,000.00 2,227,434.29 2,227,115.15 3.57% U.S. Treasuries Subtotal 1,099 43,425,000.00 41,759,307.05 42,378,383.20 3.53% Federal AgenciesFederal Home Loan Bank AA+ 0.38% 9/4/2025 9/11/2020 339 275,000.00 274,846.78 265,945.90 3.94% Federal Home Loan Mortgage Corporation AA+ 0.38% 9/23/2025 9/25/2020 358 650,000.00 649,616.97 627,517.80 3.94%Federal National Mortgage Association AA+ 0.50% 11/7/2025 11/12/2020 403 650,000.00 649,486.63 625,490.45 3.86% Federal Agencies Subtotal 373 1,575,000.00 1,573,950.38 1,518,954.15 3.91% Federal Agency CMBS
Federal Home Loan Mortgage Corporation AA+ 3.06% 12/1/2024 3/25/2020 62 356,859.00 357,727.28 354,818.48 5.11% Federal Agency CMO Subtotal 62 356,859.00 357,727.28 354,818.48 5.11% Municipal ObligationsNew York State Urban Development Corp NR 0.87% 3/15/2025 12/23/2020 166 600,000.00 600,000.00 589,915.20 4.63% University of California AA 0.88% 5/15/2025 7/16/2020 227 160,000.00 160,000.00 156,640.48 4.31%Florida State Board of Administration AA 1.26% 7/1/2025 9/16/2020 274 115,000.00 115,127.26 112,253.92 4.42%Florida State Board of Administration AA 1.26% 7/1/2025 9/16/2020 274 160,000.00 160,166.04 156,179.36 4.42%Florida State Board of Administration AA 1.26% 7/1/2025 9/16/2020 274 300,000.00 300,000.00 292,836.30 4.42%Minnesota State AAA 0.63% 8/1/2025 5/7/2024 305 180,000.00 180,000.00 174,918.60 4.08%San Juan Unified School District CA NR 0.85% 8/1/2025 10/29/2020 305 250,000.00 250,000.00 242,715.50 4.42%

City of Concord
Cash and Investment Detail
as of September 30, 2024
Issuer
S&P
Rating Coupon Maturity Purchased
Days to
Maturity Par Amount Adjusted Cost Market Value
Yield at
Market
California State University AA- 0.86% 11/1/2025 7/29/2021 397 170,000.00 170,000.00 163,960.92 4.15% New Jersey Transport Trust Authority AA- 1.05% 1/1/2026 2/4/2021 458 125,000.00 125,000.00 120,431.88 4.05%State of California AA- 4.85% 3/1/2027 3/15/2023 882 240,000.00 240,000.00 245,232.48 3.81% Municipal Obligations Subtotal 333 2,300,000.00 2,300,293.30 2,255,084.64 4.34% Corporate NotesPaccar Financial A+ 1.80% 2/6/2025 10/29/2020 129 335,000.00 336,229.01 331,433.26 4.82% American Express BBB+ 2.25% 3/4/2025 3/4/2022 155 155,000.00 154,977.82 153,389.55 4.73% Roche Holdings AA 2.13% 3/10/2025 3/10/2022 161 775,000.00 775,000.00 766,685.80 4.50% Home Depot A 2.70% 4/15/2025 3/28/2022 197 45,000.00 44,986.07 44,517.02 4.62%Cintas Corporation A- 3.45% 5/1/2025 5/3/2022 213 130,000.00 129,994.43 129,035.79 4.71% USAA Capital Corporation AA 3.38% 5/1/2025 5/26/2022 213 450,000.00 449,707.09 446,771.70 4.53% Apple Inc AA+ 1.13% 5/11/2025 5/13/2020 223 600,000.00 600,129.60 587,836.80 4.38% General Dynamics Corp A 3.50% 5/15/2025 10/20/2020 227 425,000.00 430,325.34 422,490.80 4.38% Amazon.com Inc AA 0.80% 6/3/2025 6/5/2020 246 725,000.00 724,952.18 708,035.73 4.33% National Australia Bank AA- 3.50% 6/9/2025 6/9/2022 252 485,000.00 485,000.00 481,542.92 4.44% National Rural Utilities Co Finance Corp A- 3.45% 6/15/2025 5/4/2022 258 100,000.00 99,993.88 99,272.60 4.41% IBM Corp A- 4.00% 7/27/2025 7/27/2022 300 450,000.00 450,000.00 448,024.50 4.46%Bank of America A- 3.88% 8/1/2025 8/20/2020 305 400,000.00 409,558.23 398,614.00 4.27% Abbott Laboratories AA- 3.88% 9/15/2025 9/28/2020 350 400,000.00 408,739.87 399,076.80 4.03% Bank of America A- 1.53% 12/6/2025 12/6/2021 432 500,000.00 500,000.00 496,482.00 5.49% JP Morgan Chase A- 2.60% 2/24/2026 2/24/2022 512 350,000.00 350,000.00 346,538.85 5.59%UnitedHealth Group A+ 1.15% 5/15/2026 5/19/2021 592 475,000.00 474,731.25 454,128.50 3.89%BMW Bank North America A 1.25% 8/12/2026 8/16/2021 681 325,000.00 324,963.57 308,218.95 4.07% Caterpilar Inc. A 1.70% 1/8/2027 1/13/2022 830 450,000.00 448,965.66 428,481.00 3.84%Target Corp A 1.95% 1/15/2027 1/24/2022 837 80,000.00 79,937.43 76,833.44 3.69%Bank OF New York Mellon Corp A 2.05% 1/26/2027 1/28/2022 848 925,000.00 924,046.34 885,496.03 3.91%Berkshire Hathaway AA 2.30% 3/15/2027 3/17/2022 896 900,000.00 891,698.86 870,870.60 3.60%National Australia Bank AA- 3.91% 6/9/2027 6/13/2022 982 400,000.00 398,072.62 399,421.20 3.88% Astrazeneca Finance LLC A+ 4.88% 3/3/2028 3/3/2023 1,250 450,000.00 449,377.84 462,226.95 3.94% Walmart, Inc. AA 3.90% 4/15/2028 4/18/2023 1,293 310,000.00 309,595.61 311,381.67 3.68% Lockheed Martin Corporation A- 4.45% 5/15/2028 5/25/2023 1,323 70,000.00 69,908.21 71,099.84 3.97% Merck & Co Inc A+ 4.05% 5/17/2028 5/17/2023 1,325 180,000.00 179,894.21 181,439.64 3.73% John Deere Capital A 4.95% 7/14/2028 7/25/2023 1,383 450,000.00 452,619.34 464,692.05 3.95% Morgan Stanley A+ 4.97% 7/14/2028 7/19/2024 1,383 265,000.00 265,000.00 270,300.53 4.53% Morgan Stanley A+ 4.97% 7/14/2028 7/19/2024 1,383 360,000.00 360,338.04 367,200.72 4.53%Citigroup Inc A+ 5.80% 9/29/2028 10/4/2023 1,460 900,000.00 896,324.59 952,138.80 4.14%Toyota Motor A+ 4.65% 1/5/2029 1/5/2024 1,558 260,000.00 259,691.98 265,228.86 4.05%Toyota Motor A+ 4.65% 1/5/2029 1/5/2024 1,558 190,000.00 189,782.89 193,821.09 4.05% Air Products & Chemicals A 4.60% 2/8/2029 2/8/2024 1,592 410,000.00 409,518.62 419,701.83 3.92% Cisco Systems Inc AA- 4.85% 2/26/2029 2/26/2024 1,610 485,000.00 484,849.79 501,392.52 3.92% Blackrock Inc AA- 4.70% 3/14/2029 3/14/2024 1,626 55,000.00 54,910.44 56,539.18 3.93% Blackrock Inc AA- 4.70% 3/14/2029 3/14/2024 1,626 545,000.00 545,242.73 560,251.83 3.93% Adobe Inc A+ 4.80% 4/4/2029 4/4/2024 1,647 245,000.00 244,667.14 252,926.98 3.94%Adobe Inc A+ 4.80% 4/4/2029 4/4/2024 1,647 205,000.00 204,753.51 211,632.78 3.94%American Honda Finance A- 4.40% 9/5/2029 9/5/2024 1,801 475,000.00 474,437.81 476,761.30 4.23% Corporate Notes Subtotal 861 15,735,000.00 15,742,922.00 15,701,934.41 4.21%

City of Concord
Cash and Investment Detail
as of September 30, 2024
Issuer
S&P
Rating Coupon Maturity Purchased
Days to
Maturity Par Amount Adjusted Cost Market Value
Yield at
Market
Certificates of DepositToronto-Dominion Bank A- 5.60% 10/27/2025 10/31/2022 392 850,000.00 850,000.00 864,354.80 3.93% Nordea Bank Abp AA- 5.53% 11/3/2025 11/3/2022 399 850,000.00 850,000.00 863,818.45 3.98% Certificates of Deposit Subtotal 395 1,700,000.00 1,700,000.00 1,728,173.25 3.95% Other InvestmentsCalTrust Short Term Fund* AAf 4.44% 10/1/2024 9/30/2024 1 3,550,000.00 4,745,409.77 4,781,591.42 4.44% CalTrust Medium Term Fund* NR 3.69% 10/1/2024 9/30/2024 1 17,050,000.00 19,905,043.31 19,766,944.03 3.69% Other Investments Subtotal 1 20,600,000.00 24,650,453.08 24,548,535.45 3.84% Operating Total 176 351,812,192.31 353,254,986.40 353,656,216.89 4.47% *Values provided by the City of Concord

City of Concord
Investments Transactions Detail
July 1, 2024 - September 30, 2024
Trade Date Settle Date Transaction CUSIP Issuer Coupon Maturity Par Value Market Purchases
7/17/2024 7/19/2024 Buy 61690U8E3 MORGAN STANLEY BANK NA (CALLABLE) 4.97% 7/14/2028 (265,000.00) 4.97% 7/18/2024 7/19/2024 Buy 61690U8E3 MORGAN STANLEY BANK NA (CALLABLE) 4.97% 7/14/2028 (360,000.00) 4.94% 8/1/2024 8/5/2024 Buy 91282CCH2 US TREASURY N/B 1.25% 6/30/2028 (1,000,000.00) 3.96%9/3/2024 9/5/2024 Buy 02665WFQ9 AMERICAN HONDA FINANCE 4.40% 9/5/2029 (475,000.00) 4.43%9/4/2024 9/6/2024 Buy 91282CCH2 US TREASURY N/B 1.25% 6/30/2028 (2,425,000.00) 3.59% Maturities
7/8/2024 7/8/2024 Maturity 38141EC23 GOLDMAN SACHS GROUP INC (CALLABLE) BONDS 3.85% 7/8/2024 575,000.00 8/1/2024 8/1/2024 Maturity 05531FBH5 BB&T CORPORATION CORP BONDS 2.50% 8/1/2024 575,000.00 8/1/2024 8/1/2024 Maturity 157411TK5 CHAFFEY UHSD, CA TXBL GO BONDS 2.10% 8/1/2024 140,000.00 8/12/2024 8/12/2024 Maturity 05565EBU8 BMW US CAPITAL LLC CORPORATE NOTES 0.75% 8/12/2024 130,000.00 Sales
9/3/2024 9/5/2024 Sell 91282CCP4 US TREASURY N/B 0.63% 7/31/2026 200,000.00 9/4/2024 9/6/2024 Sell 91282CCP4 US TREASURY N/B 0.63% 7/31/2026 650,000.009/4/2024 9/6/2024 Sell 91282CCP4 US TREASURY N/B 0.63% 7/31/2026 1,750,000.00 Paydowns
8/1/2024 8/1/2024 Paydown 3137BGK24 FHMS K043 A2 3.06% 12/1/2024 5,378.43 9/1/2024 9/1/2024 Paydown 3137BGK24 FHMS K043 A2 3.06% 12/1/2024 27,250.04

City of Concord
Operating Funds Investment Policy Report
as of September 30, 2024
Credit Quality
Minimum Permitted Rating Lowest Rated Security
(S&P)
U.S. Treasuries N/A AA+
Federal Agencies N/A AA+
Supranationals "AA" Category by a NRSRO AAA
Municipal Obligations "A" Category by a NRSRO A+
Corporate Notes "A" Category by a NRSRO BBB+
Commercial Paper Highest Short-Term Category NA
Certificates of Deposit "A" Category by a NRSRO A-1/A
Maturity Limits
Maximum Maturity Limit Maximum Maturity
U.S. Treasuries 5 Years 3.75 Years
Federal Agencies 5 Years 1.10 Years
Federal Agency CMBS 5 Years 0.17 Years
Supranationals 5 Years 0.00 Years
Municipal Obligations 5 Years 2.42 Years
Corporate Notes 5 Years 4.93 Years
Commercial Paper 270 Days 0.00 Years
Certificates of Deposit 5 Years 1.09 Years
Sector Allocations
Maximum Allocation Current Allocation
U.S. Treasuries 100% 13.2%
Federal Agencies 100% 0.5%
Federal Agency CMBS* 0% 0.1%
Supranationals 30% 0.0%
Municipal Obligations 30% 0.7%
Corporate Notes 30% 4.9%
Commercial Paper 20% 0.0%
Certificates of Deposit 30% 0.5%
For informational purposes only and is not provided for compliance assurance, and is formatted for the City's use. *Effective August 18, 2020, federal agency securitized securities (including but not limited to mortgage-backed securities, collateralized mortgage obligations, commercial mortgage backed-securities are no longer authorized for purchase. Investments purchased before this date may be held in the portfolio until maturity.

The current allocation calculation excludes funds in the LAIF-COP 2021 account, as bond proceeds are not subject to the City's Investment Policy sector limits, per California Government Code.

City of Concord
Operating Funds Investment Policy Report
as of September 30, 2024
During the reporting period for the quarter ended September 30, 2024 the account(s) managed by PFM Asset Management ('PFMAM') were in compliance with the applicable investment policy and guidelines as furnished to PFMAM.

Acknowledged : PFM Asset Management LLC
Note: Pre- and post-trade compliance for the account(s) managed by PFM Asset Management is provided via Bloomberg Asset and Investment Management ("AIM").

Investment Portfolio Benefits all Funds
The City’s cash and investment portfolio represents money from all City funds, including the General Fund, Enterprise funds, Capital Projects funds, and other funds, which are restricted to specific purposes.

In general, monies held by the City are allocated by the City Council for spending or are purposefully retained in reserves. For example, the money in the Capital Projects fund has been identified to provide particular capital projects for the community and there is a plan for spending down the cash balance as the projects progress. In the General Fund, approximately $44.7 million is purposely held in reserve to meet the City’s reserve policy of a minimum of 17% and a goal of 30% of operating expenditures. Due to the schedule of when the City receives revenues throughout the year, cash reserves typically dip in the months of July through December until the first installment of Property Taxes are received in December. Typically, 8% of our General Fund revenues are received as of September 30.

Compliance with Reserve Policy is measured at the end of the City’s fiscal year, June 30.

Below is a chart showing the composition of the cash and investment portfolio included in the September 30, 2024 Treasurer’s Report. It is important to understand that the only money not already allocated (but not yet spent) or restricted for a specific purpose is the General Fund Emergency Reserve, which is shown in the pie chart on the chart below in gray.

Fund Descriptions:

General Fund is the City’s operating fund that accounts for general purpose revenues and expenses and are by definition unrestricted. The Cash and Investments in the General Fund is comprised of the following categories: 1) Assignments and Restrictions for obligations already entered into but not yet paid; 2) Advances to Other funds which primarily represent advances to the Local Reuse Authority for the Naval Weapons Station redevelopment project and to the Golf Course for improvements at that facility; and 3) Emergency Reserve funds that are retained per Council Policy to address financial uncertainties.

Enterprise Funds report operations that are operating in a manner similar to a private business enterprise.

The Sewer Fund is the largest fund in this category and is legally restricted to be used only for sewer related activities.

Special Revenue Funds account for funds where the source of revenue is dedicated and restricted to a specific purpose. Housing funds, State Gas Tax funds and Assessment District funds represent examples of these types of funds.

Capital Projects Funds are used to track the financial resources set aside to acquire and/or construct major capital assets.

Internal Service Funds (ISF) are established to account for special activities and services performed by a designated department for other departments on a cost -reimbursement basis or replacement of necessary equipment. Examples include Worker’s Compensation, Fleet Maintenance/Replacement, Information Technology, and Building Maintenance fund. Funds are restricted by policy through the City Council and spent in accordance with the program/equipment they are designated to support.

Trust Funds are used to account for assets held by the City as a trustee agent for individuals, private organizations, and other governments. Examples include the City of Concord Retirement System Pension Fund and the Successor Agency Private Purpose Trust Fund.

Staff Report
Date: January 14, 2025
To: City Council
From: Carlyn S. Obringer, Mayor
Reviewed by: Joelle Fockler, MMC, City Clerk
Prepared by: Monique Robinson, Deputy City Clerk
[email protected]
(925) 671-3295
Subject: Considering the recommendation to reappoint Keith McMahon to continue to serve as Concord’s Representative on the Contra Costa County Aviation Advisory Committee for a threeyear term ending February 28, 2028.

Report in Brief
Considering the recommendation to reappoint of Keith McMahon as Concord’s Representative to the Contra Costa County Aviation Advisory Committee.

Recommended Action
Recommend to the County Board of Supervisors the reappointment of Keith McMahon to serve as the City of Concord’s Representative on the Contra Costa County Aviation Advisory Committee (CCCAAC) for a three-year term ending February 28, 2028.

Background
The CCCAAC is charged with advising and recommending to the Board of Supervisors on the general subject of aviation issues related to airports in Contra Costa County. The membership of twelve is comprised of five members each named by one of the five Supervisors, one member each from Concord and Pleasant Hill, one member from Diablo Valley College, one member representing the Fixed Base Operators’ Association, one member representing the Airport Land Use Commission, one member representing property owners and tenants in the vicinity of Buchanan Field Airport, and one member representing residents, businesses, and users of the Byron Airport.

4.c

City Council Agenda Report
Agenda Item No. 4.c
January 14, 2025
The CCCAAC is a County committee, therefore, the County Board of Supervisors makes the formal appointment for the seat reserved for the Concord representative. Mr.

McMahon has served as the City of Concord’s Representative since 2010 and continues to be a valuable asset to the CCCAAC. He is currently serving his third 3-year term and was elected Vice Chair on March 14, 2024. He is a past president and CEO of the Greater Concord Chamber of Commerce, which allowed him to establish relationships with business, residential, and special interest groups who have a specific interest in the future of the Buchanan Airport.

Public Contact
The City Council Agenda was posted.

Staff Report
Date: January 14, 2025
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Joelle Fockler, MMC, City Clerk
Prepared by: Monique Robinson, Deputy City Clerk
[email protected]
(925) 671-3295
Subject: Considering approval of the 2025 City Council Meeting Calendar.

Report in Brief
The City Council (Council) regularly meets on the first, second, and fourth Tuesday of each month for Council meetings (meetings). Meetings are cancelled when they conflict with City of Concord Holidays. Additionally, the Council historically takes a break from meetings for one month during the summer, allowing Councilmembers to take vacations without missing meetings.

Recommended Action
Review and approve the attached calendar.

Background
The City Council regularly meets on the first, second, and fourth Tuesday of each month. Meetings are cancelled when they conflict with City holidays. Historically, the City Council take a break from meetings for one month during the summer to allow City Councilmembers time to take vacations without missing meetings. In order to provide scheduling clarity staff prepared a list of expected meetings in 2025, as done annually of each year for Council adoption.

Analysis
The attached expected meeting calendar for 2025 shows no meetings on July 1, 8, 22, August 5, November 11 and 25, and December 23. The July dates are not scheduled to allow Council a summer break. A meeting is not proposed for Tuesday, August 5,

4.d

City Council Agenda Report
Agenda Item No. 4.d
January 14, 2025
because it is National Night-out and Councilmembers participate in community-hosted neighborhood gatherings. Meetings are not scheduled for November 11 due to Veterans Day and November 25 and December 23 due to their proximity to winter City holidays.

The Mayor, working with the City Manager, may call special meetings or cancel meetings as needed to support the work of the Council. The general public should always check the City’s website or contact the City Clerk regarding Council meetings they desire to attend.

Public Contact
The City Council Agenda was posted.

Attachment

1. Proposed 2025 City Council Meeting Calendar

The Concord City Council regularly meets the first, second, and fourth Tuesday each month. Below are the dates for expected regular meetings in 2025. The Mayor, working with the City Manager, may cancel meetings or call special meetings to support the work of the Council. All meetings are publicly noticed in accordance with State law and Council policy. To the extent meeting indicated below as “cancelled” are reinstated, such reinstated meetings shall constitute regular meetings of the Concord City Council.

Because meeting dates can change, interested parties should always check the City’s website at www.cityofconcord.org or call the City Clerk’s office at (925) 671-3495 if they are interested in attending a meeting.
2025 City Council Meeting Dates
January 7 July 1 (Cancelled due to Council recess)
January 14 July 8 (Cancelled due to Council recess)
January 28 July 22 (Cancelled due to Council recess)
February 4 August 5 (Cancelled due to National Night Out) February 11 August 12
February 25 August 26
March 4 September 2
March 11 September 9
March 25 September 23
April 1 October 7
April 8 October 14
April 22 October 28
May 6 November 4
May 13 November 11 (Cancelled due to City Holiday)
May 27 November 25 (Cancelled due to Thanksgiving)
June 3 December 2
June 10 December 9
June 24 December 23 (Cancelled due to City Holiday)
Attachment 1

Staff Report
Date: January 14, 2025
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Jasmin Loi, Director of Human Resources
Prepared by: James E. Peavey, Human Resources Manager
[email protected]
(925) 671-3397
Subject: Considering adoption of a Resolution Approving and Ratifying a letter of agreement with the Concord Police Association amending Section 13 – Holidays of the Concord Police
Managers’ Representation Unit memorandum of
understanding executed by the Director of Human Resources in her capacity as the City Manager’s designee.

CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, California Code of Regulations Title 14 Sections 15060, 15061(b), and/or 15378.

Report in Brief
The California Public Employees’ Retirement System determined Section 13 – Holidays of the Concord Police Managers’ Representation Unit memorandum of understanding is nonconformant with its regulations. To bring Section 13 – Holidays into compliance, the California Public Employees’ Retirement System requires the memorandum of understanding to define the terms “base” and “regular” rate of pay, and to specify the special compensation included in the regular rate of pay under holiday pay is Educational Incentive Program. Additionally, the California Public Employees’ Retirement System requires the City Council of the City of Concord adopt a resolution approving and ratifying this amendment to the memorandum of understanding.

Recommended Action
Adopt a resolution approving and ratifying a letter of agreement with the Concord Police Association amending Section 13 – Holidays of the Concord Police Managers’

4.e

City Council Agenda Report
Agenda Item No. 4.e
January 14, 2025
Representation Unit memorandum of understanding executed by the Director of Human Resources in her capacity as the City Manager’s designee, a copy of which is found as Attachment 1.

Background
The City of Concord and the Concord Police Association are parties to the Concord Police Managers’ Representation Unit’s memorandum of understanding.1 The memorandum of understanding covers Police Lieutenants and Police Captains. The memorandum of understanding contains an Education Incentive Program in which Police Lieutenants who have obtained a Master’s degree receive 7.5% of their base salary rate and Police Captains who have obtained a Master’s degree receive 5% of their base salary rate.2 Additionally, the memorandum of understanding contains language mandating the City of Concord compensate employees for all hours worked on a holiday at the rate of one and one-half the employee’s regular rate of pay.3 Consequently, when Police Lieutenants or Police Captains—who receive Education Incentive Program pay—work on a holiday, their holiday pay rate of one and one-half is based on their regular rate of pay.

The California Public Employees’ Retirement System periodically discovers imprecise language within its contracting agencies’ memoranda of understanding that might affect the pensionability of certain pays, and presents these items to the contracting agency so they can be addressed. These updates are considered housekeeping changes as they allow the contracting agency to comply with California Public Employees’ Retirement System regulations, and do not change the memorandum of understanding’s intent. In September 2024, the California Public Employees’ Retirement System determined Section 13 – Holidays of the Concord Police Managers’ Representation Unit memorandum of understanding was partially nonconformant with its regulations because it did not define the terms “base” and “regular” rate of pay, and it did not specify the special compensation included in the regular rate of pay under holiday pay is Educational Incentive Program. To bring Section 13 – Holidays into compliance, the California Public Employees’ Retirement System requires the memorandum of understanding to define the terms “base” and “regular” rate of pay, and specify the special compensation included in the regular rate of pay under holiday pay is Educational Incentive Program. Additionally, the California Public Employees’ Retirement System requires the City Council of the City of Concord adopt a resolution approving and ratifying the letter of agreement between the City of Concord and the Concord Police Association amending Section 13 – Holidays of the Concord Police Managers’ Representation Unit memorandum of understanding executed by the Director of Human Resources in her capacity as the City Manager’s designee. 1 The memorandum of understanding’s term is effective January 1, 2023 through June 30, 2026. 2 The base rate of pay is the base hourly rate of pay an employee receives in the publicly available pay schedule.
3 The regular rate of pay is an employee’s base rate of pay, plus all required additional compensation converted to an hourly rate.

City Council Agenda Report
Agenda Item No. 4.e
January 14, 2025
Analysis
Any amendments to a memorandum of understanding requires mutual agreement between the parties. The City of Concord and the Concord Police Association met and conferred and agreed to amend the Concord Police Managers’ Representation Unit memorandum of understanding, a copy of which is found as Exhibit A to Attachment 1.4 Specifically, the letter of agreement between the City of Concord and the Concord Police Association amends Section 13 – Holidays to add the following California Public Employees’ Retirement System conforming language:5
“Base Rate of Pay is defined as the base hourly rate of pay that an employee receives in the publicly available pay schedule.

Regular Rate of Pay is defined, per the Fair Labor Standards Act, as the employee’s base rate of pay, plus all required additional compensation converted to an hourly rate.

The special compensation included in the regular rate of pay under Holiday Pay is Educational Incentive Program.”
By adopting the attached resolution, the City Council of the City of Concord will ensure Section 13 – Holidays of the Concord Police Managers’ Representation Unit memorandum of understanding conforms with California Public Employees’ Retirement System regulations.

Financial Impact
There is not a financial impact because this memorandum does not modify current practice, rather it documents it in language more acceptable to CalPERS.

Environmental Determination
None of the actions herein constitute a project within the meaning of Public Resources Code Section 21065, 14 Cal Code Regs. Sections 15060(c)(2), 15060(c)(3), and/or 15378 as none of the activities has the potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment; even if any activity were a project under CEQA, each is exempt under 14 Cal. Code Regs. Sections 15061(b)(2), 15061(b)(3), 15273, and/or 15378(b)(4).

Public Contact
The City Council of the City of Concord Agenda was posted. 4 Retroactive to the Concord Police Managers’ Representation Unit memorandum of understanding’s effective date (i.e., January 1, 2023).
5 To assist in tracking changes between the current version of Section 13 – Holidays of the Concord Police Managers’ Representation Unit memorandum of understanding and the recommended modifications, a redline version is found as Attachment 2.

City Council Agenda Report
Agenda Item No. 4.e
January 14, 2025
Attachments

1. Resolution approving and ratifying a letter of agreement with the Concord Police Association amending Section 13 – Holidays of the Concord Police Managers’ Representation Unit memorandum of understanding executed by the Director of Human Resources in her capacity as the City Manager’s designee.

Exhibit A: Letter of Agreement with the Concord Police Association amending the Concord Police Managers’ Representation Unit memorandum of understanding’s Section 13 – Holidays

2. Redline of Section 13 – Holidays of the Concord Police Managers’ Representation Unit memorandum of understanding.

Res. No. 25-XX

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Approving and Ratifying a Letter of
Agreement with the Concord Police Association
Amending Section 13 – Holidays of the Concord
Police Managers’ Representation Unit Memorandum
of Understanding Executed by the Director of Human
Resources in Her Capacity as the City Manager’s
Designee
Resolution No. 25-XX
/
WHEREAS, the California Public Employees’ Retirement System determined Section 13 – Holidays of the Concord Police Managers’ Representation Unit memorandum of understanding is nonconformant with its regulations; and
WHEREAS, to bring Section 13 – Holidays of the Concord Police Managers’ Representation Unit memorandum of understanding into conformity, the California Public Employees’ Retirement System requires the memorandum of understanding define the terms “base” and “regular” rate of pay, and to specify the special compensation included in the regular rate of pay under holiday pay is Educational Incentive Program; and
WHEREAS, the California Public Employees’ Retirement System requires the City Council of the City of Concord to approve and ratify a letter of agreement with the Concord Police Association amending Section 13 – Holidays of the Concord Police Managers’ Representation Unit memorandum of understanding executed by the Director of Human Resources in her capacity as the City Manager’s designee; and
WHEREAS, the City of Concord and the Concord Police Association mutually agreed to modify the memorandum of understanding to define the terms “base” and “regular” rate of pay, and to specify the special compensation included in the regular rate of pay under holiday pay is Educational Incentive Program, as found in Exhibit A.

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

Section 1. CEQA. None of the actions herein constitute a project within the meaning of Attachment 1

Res. No. 25-XX
Public Resources Code Section 21065, 14 Cal Code Regs. Sections 15060(c)(2), 15060(c)(3), and/or 15378 as none of the activities has the potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment; even if any activity were a project under CEQA, each is exempt under 14 Cal. Code Regs. Sections 15061(b)(2), 15061(b)(3), 15273, and/or 15378(b)(4).

Section 2. Approves and ratifies a letter of agreement with the Concord Police Association amending the Concord Police Managers’ Representation Unit memorandum of understanding executed by the Director of Human Resources in her capacity as the City Manager’s designee, to add the following language to Section 13 – Holidays, as found in Exhibit A :
“Base Rate of Pay is defined as the base hourly rate of pay that an employee receives in the publicly available pay schedule.

Regular Rate of Pay is defined, as per the Fair Labor Standards Act, as the employee’s base hourly rate of pay, plus all required additional compensation converted to an hourly rate.

The special compensation included in the regular rate of pay under Holiday Pay is Educational Incentive Program.”
Section 3. This resolution shall become effective immediately upon its passage and adoption. //
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Res. No. 25-XX
PASSED AND ADOPTED by the City Council of the City of Concord on January 14, 2025, by the following vote:

AYES: Councilmembers -
NOES: Councilmembers -
ABSTAIN: Councilmembers -
ABSENT: Councilmembers -
I HEREBY CERTIFY that the foregoing Resolution No. 25-XX was duly and regularly adopted at a regular meeting of the City Council of the City of Concord on January 14, 2025.

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney
Attachment: Exhibit A: Letter of Agreement with the Concord Police Association amending the Concord Police Managers’ Representation Unit memorandum of understanding’s Section 13 – Holidays

Exhibit A

13. Holidays

13.1 The following holidays shall be observed:

New Year’s Day January 1
Martin Luther King, Jr. Day The Third Monday in January Lincoln’s Birthday February 12
President’s Day The Third Monday in February (Washington’s Birthday) Memorial Day The Last Monday in May
Independence Day July 4
Labor Day The First Monday in September
Veteran’s Day November 11
Thanksgiving Day The Fourth Thursday in November
The Day Following Thanksgiving
Christmas Eve December 24
Christmas Day December 25
and every other day appointed by the Mayor for a public fast, thanksgiving, or holiday.

Except as described in Section 14.4 below, all holidays falling on a Saturday will be observed on the preceding Friday, and holidays falling on a Sunday will be observed on the following Monday.

13.2 In addition, three (3) hours of compensatory time off (“CTO”) shall be provided to employees in the first pay period in March. If the employee’s CTO balance is at the maximum allowed, then the employee shall be paid the three (3) hours of compensatory time in the first pay period in March.

13.3 Employees in pay status on the day the holiday is observed (except as described in Section 14.5 below) shall receive a holiday pay equal to the straight time daily equivalent of ten (10) hours pay.

13.4 Base Rate of Pay is defined as the base hourly rate of pay that an employee receives in the publicly available pay schedule.

13.5 Regular Rate of Pay is defined, per the Fair Labor Standards Act, as the employee’s base rate of pay, plus all required additional compensation converted to an hourly rate.

13.6 The special compensation included in the regular rate of pay under Holiday Pay is Educational Incentive Program.

13.74 Employees assigned to Patrol and any others designated by the Chief of Police will work all holidays which fall on their normal work schedule. For purposes of this section, holidays are the actual date of the recognized holiday and not the day these holidays are observed by the City.

13.85 All hours worked on holidays shall be paid at the rate of one and one-half the employee’s regular rate of pay. In addition, employees who work holidays will receive ten (10) hours of holiday pay. However, for the following six (6) holidays the employee may elect compensatory time credit in lieu of the ten (10) hours of holiday pay. In such event, the election shall be made by the employee before time cards are submitted to the Finance Department for the pay period during which the holiday occurred. The six (6) holidays for which this option applies are:

Lincoln’s Birthday
Martin Luther King, Jr. Birthday
President’s Day (Washington’s Birthday)
Memorial Day
Veteran’s Day
The Day Following Thanksgiving
Attachment 2

Staff Report
Date: January 14, 2025
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Mindy Gentry, Director of Community Development Carlton Thompson, PE, City Engineer
Bruce Davis, PE, CIP Manager
Prepared by: Tianjun Cao, PE, Associate Civil Engineer
[email protected]
(925) 671-3243
Subject: Considering the following actions in relation to the Citywide Accessibility Improvements No. 11 (Project No. 2725), which will upgrade curb ramps Citywide:

1. Award of a Construction Contract in the amount of $366,407 to Rapid Grading Services and authorizing Staff to utilize the available project contingency for contract change orders up to 10% of the contract amount; authorizing the Mayor to execute the contract in a form acceptable to the City Attorney; make the NEPA and CEQA determination as provided in this staff report (Funded by Community Development Block Grant
Funds and Measure J Local Funds); and

2. Approving related budget transfers in the total amount of $152,766.59 from various projects as shown in the staff report; and

3. Authorizing the City Engineer to accept the improvements upon completion of Project No. 2725 and directing the City Clerk to file a Notice of Completion.

NEPA: Categorical exclusion per Section 24 CFR 58.25 (a)(2).

CEQA: Not a project/exempt per CEQA Guidelines Sections

4.f

City Council Agenda Report
Agenda Item No. 4.f
January 14, 2025
15060 (c), 15061(b)(3), 15273, 15378, 15301, 15302, 15304, and/or Public Resources Code Section 21065.

Report in Brief
The Citywide Accessibility Improvements No. 11 project (City Project No. 2725) will provide accessibility improvements within five locations around the City. The streets or intersections included in the project are Panoramic Drive, Bayview Circle, Charlotte Avenue, Willow Pass Road at Franquette Avenue, Landana Drive at Juniper Drive, and Ygnacio Valley Road at Cowell Road/Montecito Drive (See Attachment 1). Project improvements include twenty-nine (29) American with Disabilities Act (ADA) compliant curb ramps, striping, and minimal paving work.

The project has been designed and competitively bid; and is at the point of construction contract award. If award is approved by the City Council, project construction is expected to begin in February 2025 and be completed in April 2025, weather permitting.

Recommended Action

1. Award the construction contract in the amount of $366,407 to Rapid Grading Services of Hayward, CA for the Citywide Accessibility Improvements No. 11 (Project No. 2725); authorize Staff to utilize the available project contingency for contract change orders that become necessary up to 10% of contract amount, and 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 Community Development Block Grants, Measure J Local Funds);

2. Approve related budget transfers to Citywide Accessibility Improvements No. 11 (Project No. 2725) in the total amount of $152,766.59 from various projects as shown in this staff report; and

3. Authorize the City Engineer to accept the improvements, upon completion of Project No. 2725, and direct the City Clerk to file a Notice of Completion.

Background
Each year, the City Council approves an allocation of Community Development Block Grant (CDBG) funds in the Capital Improvement Program (CIP) to fund both the design and the construction of ADA accessibility improvement projects. The ADA accessibility improvement projects include construction of sidewalk and curb ramps to improve accessibility in various locations throughout the City. Additionally, the Council approves an allocation of local funds to supplement the appropriated CDBG funds. The local funds are used to fund the administrative project-related costs of this project, since CDBG funds may not be used for that purpose.

City Council Agenda Report
Agenda Item No. 4.f
January 14, 2025
The Citywide Accessibility Improvements No. 11 (Project No. 2725) was approved by the City Council in June 2024. The specific scope of work for Project No. 2725 includes the construction of twenty-nine (29) ADA compliant curb ramps. This project is part of the effort to upgrade all non-ADA compliant curb ramps citywide, especially those in high use pedestrian areas and school zones, and other locations where the improvements provide significant community benefits. The project as bid includes: a Base Bid of twenty-four (24) ramp locations, Additive Bid #1 of five (5) ramp locations, and Additive Bid #2 for additional concrete work.

Procurement Process
The project was advertised for construction bids as required by State law and City policy. The Engineer’s Estimate for the Total Bid is $361,638. Bids were opened on November 21, 2024. Twelve (12) bids were received in the amount ranging from $392,004.35 to $641,723.00. The basis of award for this project is the Total Bid. The lowest bid was received from Rapid Grading Services of Hayward, CA (RGS). A summary of the three lowest bids is as follows:

BID

SCHEDULE
Engineer's
Estimate
Rapid Grading
Services
Villalobos &
Associates
Sposeto
Engineering
Base Bid $295,946.00 $318,893.00 $323,029.00 $355,242.40 Additive
Bid #1
$47,602.00 $47,514.00 $57,840.00 $53,071.80
Additive
Bid #2
$18,090.00 $25,597.35 $19,296.00 $29,908.80
Total Bid $ 361,638.00 $392,004.35 $400,165.00 $438,223.00 RGS was the low bidder and submitted a responsive and responsible bid. RGS has an appropriate and valid contractor’s license and satisfactory work references.

Staff completed analysis of RGS’s bid, determining that this firm along with its subcontractors possess appropriate and valid licenses, and are not on any debarment lists. RGS is registered with the Department of Industrial Relations as required by SB 854. Staff is recommending award of the Base Bid and Additive Bid #1. Should Council award this contract, twenty-nine (29) ramps will be constructed.

Bids were higher than anticipated for this project due to increased unit prices for various concrete scopes of work and the prevailing wage requirements on the project. Additive Bid #2 is not recommended for award due to unfavorable pricing received for supplemental concrete valley gutter work, as this work does not have a direct association with improving accessibility.

City Council Agenda Report
Agenda Item No. 4.f
January 14, 2025
Financial Impact
The current total budget for this project is $360,000 and is funded by $60,000 in Measure J Local Funds (Fund 475) and $300,000 in CDBG funds (Fund 254). There are insufficient funds to award the construction contract, provide for a 10% construction contingency, provide for construction management, inspection and testing services, and staff oversight.

Budget transfers in the total amount of $152,766.59 are needed to fully fund the project.

The projects in which the transfers would occur as are follows:

Fund Project
Number
Project Name Budget
Transfer
Amount
262 1854 Marsh Dr Bridge Retrofit $24,863.03
407 2493 Citywide Traffic System Upgrade $81,900.26
490 2493 Citywide Traffic System Upgrade $11,383.00
401 2602 Citywide Accessibility Improvements
No. 9
$3,704.15
407 2602 Citywide Accessibility Improvements
No. 9
$2,187.76
262 2603 Citywide Accessibility Improvements
No. 10
$28,728.39
TOTAL $152,766.59
All the projects shown in the table above are completed projects; their remaining fund balances are no longer needed. All budget transfers will go into Project No. 2725.

Environmental Determination
The project is Categorically Excluded from preparation of an environmental review in accordance with Section 24 CFR 58.25 (a)(2) of the National Environmental Policy Act (NEPA). Pursuant to CEQA Guidelines Sections 15060 (c), 15061 (b)(3), 15273, 15378, and Public Resources Code Section 21065, award of this contract is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, as it will not result in a direct or reasonably foreseeable indirect physical change in the environment and because it involves government funding/fiscal activities.

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 curb ramps where there is existing

City Council Agenda Report
Agenda Item No. 4.f
January 14, 2025
sidewalk, striping, and minimal 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. Location Maps

2. Bid Summary

3. Construction Contract

Attachment 1
Location Maps
Citywide Accessibility Improvements No. 11 (Project 2725) - Ramp upgrade locations

Attachment 1

Attachment 1

City of Concord
Bid Sheet
PROJECT #2725
Citywide Accessibility Improvements No. 11
Zoom
Engineer's Estimate
Bid Opening:

Thursday,
November 21r 2024
2:00 p.m.

To be awarded
CoupaNy Torel Bro
Rapid Grading Services
23842 Cabot Blvd
Hayward, CA94545
DIR: l00l0l1090
$392,004.35
Villalobos & Associates
P.O Box I1004
Campbell, CA 9501I
DIR: 1000429889
$400,165.00
Sposeto Engineering
4558 Contractors Place
Livermore, CA 94551
DIR: 1000005234
$437,373.00
Kerex Engineering
P.O Box 23831
Pleasant Hill, CA 94523
DIR: 100033698
$469,670.00
FBD Vanguard Construction, Inc.
550 Greenville Road
Livermore, CA 94550
DIR: 1000008493
$486,476.00
FJ&lEngineeringlnc
l98l2l't Street
San Pablo, CA 94806
DIR: 1000714107
s509,850.00
Ghilotti Bros., Inc
525 Jacoby Street
San Rafael,CA9490l
DIR: 1000001037
$541,577.50
J.J.R Construction, Inc.

I120 Ninth Avenue
San Mateo, CA 94402
DIR: 10000041l8
$564,718.57
Attachment 2

CoupaNv Tornl Bro
McKim Construction
8505 Church Street #l
Gilroy, CA 95020
Dir:1000005844
$571,342.00
Sandstone Environmental Engineering [nc
3140 Anderson Lane
Oakley, CA9456l
DIR: 1000430421
$572,205.00
Globe Engineering Development
2002 Elijah St
Fairfield, CA94533
DIR: 1000680306
$594,712.00
RK Engineering Inc
3450 3',d St, Unit D4
San Francisco, CA 94124
DIR: 1000050359
s641,723.00
Contact: Tianjun Cao x3243

CONTRACT
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This public works contract (“Contract”) is entered into by and between the City of Concord (“City”) and Rapid Grading Services (“Contractor”), for work on the Citywide Accessibility Improvements No. 11 (City Project No. 2725) (“Project”).

The parties agree as follows:

1. Award of Contract. In response to the Notice Inviting Bids, Contractor has submitted a bid to perform the Work to construct the Project. On January 14, 2025, City authorized award of this Contract to Contractor for the amount set forth in Section 4, below.

2. Contract Documents. The Contract Documents incorporated into this Contract include and are comprised of all of the documents listed below. The definitions provided in Article 1 of the General Conditions apply to all of the Contract Documents, including this Contract.

2.1 Notice Inviting Bids;

2.2 Instructions to Bidders;

2.3 Addenda, if any;

2.4 Bid Form and attachments thereto;

2.5 Contract;

2.6 Payment and Performance Bonds;

2.7 General Conditions;

2.8 Special Conditions;

2.9 Project Plans and Specifications;

2.10 Change Orders, if any;

2.11 Notice of Potential Award;

2.12 Notice to Proceed

3. Contractor’s Obligations. Contractor will perform all of the Work required for the Project, as specified in the Contract Documents. Contractor must provide, furnish, and supply all things necessary and incidental for the timely performance and completion of the Work, including all necessary labor, materials, supplies, tools, equipment, transportation, onsite facilities, and utilities, unless otherwise specified in the Contract Documents. Contractor must use its best efforts to diligently prosecute and complete the Work in a professional and expeditious manner and to meet or exceed the performance standards required by the Contract Documents.

4. Payment. As full and complete compensation for Contractor’s timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, City will pay Contractor $366,407 (“Contract Price”) for all of Contractor’s direct and indirect costs to Attachment 3

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28 perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with the payment provisions in the General Conditions.

5. Time for Completion. The Project must be fully completed within 25 (4 additional days for Additive Bid #1) working days (weekends and holidays are excluded) from the start date set forth in the Notice to Proceed. City anticipates that the Work will begin in February 2025 but the anticipated start date is provided solely for convenience and is neither certain nor binding.

The Contractor will fully complete the Work for the Project, meeting all requirements for completion of all bid items within 29 working days from the commencement date given in the Notice to Proceed (“Contract Time”). By signing below, Contractor expressly waives any claim for delayed early completion.

6. Liquidated Damages. As further specified in Section 5.4 of the General Conditions and below, if Contractor fails to complete the Work within the Contract Time, City will assess liquidated damages in the amounts described below, and such liquidated damages may be deducted from City’s payments due or to become due to Contractor under this Contract. 1) Contractor shall pay to the City of Concord $2,500 per day for each and every calendar day(s) delay in completing the work in excess of the number of working days specified.
2) The Contractor shall pay to the City of Concord $400 per hour for each hour that the Contractor performs work outside the hours of work without prior approval in writing from the City.

7. Labor Code Compliance.

7.1 General. This Contract is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, including requirements pertaining to wages, working hours and workers’ compensation insurance, as further specified in Article 9 of the General Conditions.

7.2 Prevailing Wages. This Project is subject to the prevailing wage requirements applicable to the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the Work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes. Copies of these prevailing rates are available online at

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7.3 DIR Registration. City may not enter into the Contract with a bidder without proof that the bidder and its Subcontractors are registered with the California Department of Industrial Relations to perform public work pursuant to Labor Code § 1725.5, subject to limited legal exceptions.

8. Workers’ Compensation Certification. Pursuant to Labor Code § 1861, by signing this Contract, Contractor certifies as follows: “I am aware of the provisions of Labor Code § 3700 which require every employer to be insured against liability for workers’ compensation or to undertake selfinsurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work on this Contract.”

9. Conflicts of Interest. Contractor, its employees, Subcontractors and agents, may not have, maintain or acquire a conflict of interest in relation to this Contract in violation of any City ordinance or requirement, or in violation of any California law, including Government Code § 1090 et seq., or the Political Reform Act, as set forth in Government Code § 81000 et seq. and its accompanying regulations. Any violation of this Section constitutes a material breach of the Contract.

10. Independent Contractor. Contractor is an independent contractor under this Contract and will have control of the Work and the means and methods by which it is performed. Contractor and its Subcontractors are not employees of City and are not entitled to participate in any health, retirement, or any other employee benefits from City.

11. Notice. Any notice, billing, or payment required by or pursuant to the Contract Documents must be made in writing, signed, dated and sent to the other party by personal delivery, U.S.

Mail, a reliable overnight delivery service, or by email as a PDF file. Notice is deemed effective upon delivery, except that service by U.S. Mail is deemed effective on the second working day after deposit for delivery. Notice for each party must be given as follows:

City:

Citywide Accessibility Improvements No. 11
1950 Parkside Drive M/S 40
Concord, CA 94519
Attn: Tianjun Cao, Associate Civil Engineer
[email protected]

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28 Contractor:

Name: Rapid Grading Services
Address: 23842 Cabot Blvd
City/State/Zip: Hayward, CA 94545
Phone: (650) 281-5495
Attn: Yadwinder Singh
Email: [email protected]
Copy to: [email protected]

12. General Provisions.

12.1 Assignment and Successors. Contractor may not assign its rights or obligations under this Contract, in part or in whole, without City’s written consent. This Contract is binding on Contractor’s and City’s lawful heirs, successors and permitted assigns.

12.2 Third Party Beneficiaries. There are no intended third party beneficiaries to this Contract.

12.3 Governing Law and Venue. This Contract will be governed by California law and venue will be in the Contra Costa County Superior Court, and no other place. Contractor waives any right it may have pursuant to Code of Civil Procedure § 394, to file a motion to transfer any action arising from or relating to this Contract to a venue outside of Contra Costa County, California.

12.4 Amendment. No amendment or modification of this Contract will be binding unless it is in a writing duly authorized and signed by the parties to this Contract.

12.5 Integration. This Contract and the Contract Documents incorporated herein, including authorized amendments or Change Orders thereto, constitute the final, complete, and exclusive terms of the agreement between City and Contractor.

12.6 Severability. If any provision of the Contract Documents is determined to be illegal, invalid, or unenforceable, in whole or in part, the remaining provisions of the Contract Documents will remain in full force and effect.

12.7 Iran Contracting Act. If the Contract Price exceeds $1,000,000, Contractor certifies, by signing below, that it is not identified on a list created under the Iran Contracting Act, Public Contract Code § 2200 et seq. (the “Act”), as a person engaging in investment activities in Iran, as defined in the Act, or is otherwise expressly exempt under the Act.

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28 12.8 Authorization. Each individual signing below warrants that he or she is authorized to do so by the party that he or she represents, and that this Contract is legally binding on that party. If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporation Code § 313.

The parties agree to this Contract as witnessed by the signatures below:

CITY: Approved as to form:
_______________________________ __________________________________ Carlyn Obringer, Mayor Susanne Brown, City Attorney
Date: ___________________________ Date: ______________________________ Attest:
_______________________________
Joelle Fockler City Clerk
Date: ___________________________
CONTRACTOR: Rapid Grading Services
_______________________________
Yadwinder Singh, Manager
Date: __________________________

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28 Second Signature (See Section 12.8):
s/_______________________________
_________________________________
Name, Title
Date: ____________________________
___________________________________________________
Contractor’s California License Number(s) and Expiration Date(s) FINANCE DIRECTOR'S CERTIFICATION:

Concord, California
Date:

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

THE SUM OF $366,407. Account Code 4079500C999-74200 / 4072725115-74200 ($84,088.02) 2549500C999-74200 / 2542725215-74200 ($256,823), 2629500C999-74200 / 2622725115-74200 ($25,495.98).

Finance Director's Signature

Staff Report
Date: January 14, 2025
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Mindy Gentry, Director of Community Development Carlton Thompson, PE, City Engineer
Bruce Davis, PE, CIP Manager
Prepared by: Kevin Wheat, PE, Associate Civil Engineer
[email protected]
(925) 671-3422
Subject: Approval of Task Order #2 with UNICO Engineering in the notto-exceed amount of $581,877.06 to provide constructability review of bid documents, construction management, material testing, and related services for the Residential Pavement Maintenance Phase E Project (Project Nos. 2613 & 2621) in the neighborhoods located east of Port Chicago Highway between East Olivera Road and Bonifacio Street and the neighborhood located south of Concord Community Park, between Ridge
Park Drive and St. Francis Drive; and authorizing the City Manager to execute the task order, in a form acceptable to the City Attorney (Measure V Funds);
CEQA: Not a project/exempt per Public Resources Code
21065, CEQA Guidelines Sections 15060(c), 15061(b)(3), and 15378.

Report in Brief
The Residential Pavement Maintenance Phase E Project (Project Nos. 2613 & 2621) (Project) will perform pavement maintenance in multiple residential areas and a portion of Port Chicago Highway. See descriptions and attached maps (Attachment 1) for location and limits of the following two projects that are combined into the Phase E Project:

4.g

City Council Agenda Report
Agenda Item No. 4.g
January 14, 2025
• PJ 2613: Pavement Maintenance – Zone 4L
Residential streets located south of Concord Community Park, between Ridge Park Drive and St. Francis Drive.
• PJ 2621: Pavement Maintenance – Zones 5M, 5H, & Port Chicago Hwy Zone 5M and 5H are located east of Port Chicago Highway between East Olivera Road and Bonifacio Street. The portion of Port Chicago Highway in this project is between East Olivera Road and Concord Blvd.

Along with pavement maintenance and repairs, the Project includes the installation of curb ramps at intersections to meet accessibility standards, minor sidewalk or curb and gutter repairs, striping improvements, and installation of fiber optic pull boxes and conduits on Port Chicago Highway.

Construction management, inspection, and materials testing services for the Project are needed to ensure the contractor’s work during construction is completed in a manner satisfactory to the Project contract documents and the City of Concord (City). A constructability review was needed to assist City staff in finalizing the bid documents, which was completed by UNICO in November. The costs for the constructability review were within staff’s authority to approve; however, with the addition of the other work, approval from the City Council is required.

The Project is at 100% design and will be advertised in January. Award of the construction contract is anticipated to be in March, with construction starting in April 2025.

Recommended Action
Approve Task Order #2 with UNICO Engineering in the not-to-exceed amount of $581,877.06 to provide constructability review of plans and specifications, construction management, material testing, and related services for the Residential Pavement Maintenance Phase E Project (Project Nos. 2613 & 2621); 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
On June 1, 2020, City Council approved the proposed Five-Year Pavement Expenditure plan, which included Residential Pavement Maintenance – Phase E (City Project Nos. 2613 & 2621). On June 25, 2024, Council adopted the 2-Year CIP Budget for FY 2024/2025 and FY 2025/2026, which included additional funding that was needed for the construction of Residential Pavement Maintenance Phase E Project.

Procurement Process
Construction Management

City Council Agenda Report
Agenda Item No. 4.g
January 14, 2025
On July 9, 2024, in conformance with the City’s purchasing policies, staff contacted and issued an informal Request for Proposal (RFP) for UNICO Engineering, Inc. (UNICO) under the Master Service Agreement (MSA) for Project Coordination/Construction Management to provide a constructability review, construction management, inspection, and materials testing services for Residential Pavement Maintenance Phase E Project.

The proposal was received and reviewed by staff.

Staff and UNICO negotiated the scope of work, cost for the services, and agreed upon $581,877.06 as fair and reasonable compensation for the services needed to provide construction management and related services for the Project. As the Task Order is over $200,000, Council approval is required.

UNICO has experience in the construction management of similar pavement maintenance projects for the City. They provided construction management on the 2023 Cowell Road Maintenance Project (Project No. 2604).

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. Phase E Project (Project Nos. 2613 & 2621) will be subject to the requirements of the Project Stabilization Agreement as the estimated construction costs exceed $750,000. UNICO and their material testing subconsultant, have both agreed to be bound to the Citywide Project Stabilization Agreement for material testing during construction.

Financial Impact
The current total budget for the Residential Pavement Maintenance Phase E Project (Project Nos. 2613 & 2621) is $11,498,000, funded primarily by Measure J and Measure V funds (Funds 400, 407, 475, and 490). There are sufficient funds to approve the Task Order with UNICO, which provides constructability review, construction management, inspection and materials testing services for the Project.

Environmental Determination
Pursuant to the California Environmental Quality Act (CEQA) of 1970, Public Resources Code Section 21000, et. seq., as amended and implementing State CEQA Guidelines, Title 14, Chapter 3 of the California Code of Regulations (collectively “CEQA”), approval of this task order does not constitute a “project” within the meaning of Public Resources Code Section 21065, 14 Cal Code Regs. Section 15060(c)(2) or 15378 because it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.. Even if approval of the task order did constitute a project under CEQA, the approval of this task order falls within the “common sense” exemption set forth in 14 Cal. Code Regs. 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

City Council Agenda Report
Agenda Item No. 4.g
January 14, 2025
environment….” Therefore, the approval of the task order does not warrant further environmental review. This determination reflects the City’s independent judgement and analysis. If approved by the Council, the Notice of Exemption for this project will be filed at a later date following Council award of the construction contract next year.

Public Contact
The City Council Agenda was posted.

Attachments

1. Project Location Maps

2. Task Order #2 (UNICO Engineering, Inc.)

3. Exhibit A (Fee Proposal) to Task Order #2

Attachment 1
Project Location Map Summary
Residential Pavement Maintenance – Phase E
City Project Nos. 2611, 2613, 2621 & 2624
PJ 2621
PJ 2611
PJ 2613
PJ 2624

Project Location Map
Pavement Maintenance - Zones 2H & 2Q - Project No. 2611

Project Location Map
Pavement Maintenance – Zone 4L - Project No. 2613

Project Location Map
Pavement Maintenance - Zones 5M & 5H, and Port Chicago Highway - Project No. 2621

Project Location Map
Pavement Maintenance - Zone 2O - Project No. 2624

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28 TASK ORDER
TASK ORDER NO: 2
PROJECT NAME: Residential Pavement Maintenance Phase E, PJ 2613 & 2621 RELATED TO MASTER AGREEMENT WITH: UNICO Engineering, Inc., MSA #6791 This Task Order is made and entered into this October 21, 2024, the City of Concord, hereinafter referred to as CITY, and UNICO Engineering, Inc., hereinafter referred to as CONSULTANT.

Whereas, the parties hereto entered into a Master Agreement dated July 1, 2024 for a not-to-exceed total amount of $1,000,000.00 per fiscal year from the effective date of July 1, 2024 through June 30, 2026, to provide professional services as needed for various capital improvement projects; and Whereas, CITY desires CONSULTANT to perform certain tasks as hereinafter described for:

Residential Pavement Maintenance Phase E ,PJ 2613 & 2621.

Now, therefore, in consideration of the mutual promises, covenants, and conditions set forth herein, the parties agree as follows:

SECTION 1 - SCOPE OF SERVICES
CONSULTANT will provide Construction Management Services Services for Residential Pavement Maintenance Phase E, PJ2613 & 2621 per Exhibit A, a proposal from UNICO Engineering, Inc., dated October 14, 2024, attached hereto and made a part hereof.

SECTION 2 – STAFFING AND ORGANIZATION
CONSULTANT will provide staff technically appropriate for this project.

SECTION 3 - COMPENSATION
CONSULTANT shall be compensated on a time-and-materials basis for construction management, inspection, and materials testing services not to exceed $581,877.06 as rendered under Section 1 of this Agreement. Compensation shall be in accordance with the terms and conditions indicated therein.

CONSULTANT may submit monthly statements for basic and additional services rendered. It is intended that payments to CONSULTANT will be made by CITY within thirty (30) days of receipt of invoice.

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28 SECTION 4 – TASK ORDER SUMMARY
In Witness whereof, the parties have executed this Task Order No. 2 the day and year written above.

CONSULTANT CITY OF CONCORD
By: ____________________________________ By: ____________________________________ Name: Cesar Montes de Oca
Title: President
Email: [email protected]
Name: Carlton Thompson
Title: City Engineer
APPROVED AS TO FORM:
____________________________
ATTEST:
_______________________________________
City Attorney City Clerk
Task Order
No.

Date
Approved
Purchase
Order No.
$ Amount
Fiscal Year 24/25
Account Code
1 7/1/24 TBD $149,846.98 4759500C999-74200
4752604115-74200
2 10/21/2024 TBD $581,877.06 407-9500-C999-74250
407-2621-117-74250
Grand total, all task orders including this task
order #2
$731,724.04
Master Agreement dated 7/1/2024, term through
6/30/2026.
$1,000,000.00
per fiscal year

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28 FINANCE DIRECTOR'S CERTIFICATION:

Concord, California
Date: _______________________, 2024

I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE 24-25 TO PAY ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT TO THE SUM OF UP TO $581,877.06
ACCOUNT CODE:
407-9500-C999-74250
407-2621-117-74250
_________________________________

FINANCE DIRECTOR'S SIGNATURE

1485 Civic Court, Suite 1500
Concord, CA 95630
916-900-6623 Carlos Melendez, PE PIC / Resident Engineer Assistant Resident Engineer Office Engineer Construction Inspector Construction Inspector (OT) Project Manager Field Inspector Bill Rate $238.31 $149.95 $96.55 $174.05 $261.07 $220.00 $142.00 Task # Task Description Total
1 Constructability Review 24 60 40 40 $ 25,540.25
2 Pre-Construction Services 32 96 64 40 0 $ 35,162.14
3 During Construction Services 240 800 480 1240 $ 439,314.34 4 Post-Construction Services 24 50 50 40 $ 25,006.34
5 Material Testing Services 32 242 $ 41,404.00
320 1006 634 1360 0 32 242 $ 566,427.06
$ 15,450.00
$ 15,450.00
$ 581,877.06
Subtotal ODCs
TOTAL
Hours Hours
Other Direct Costs (ODCs)
Laboratory Testing
and Reports
City of Concord
RFP - Construction Management and Material Testing Services for
Residential Pavement Maintenance Phase E
Project No. 2613 and 2621
Cost Proposal
UNICO ENGINEERING Twining
10/15/2024

EXHIBIT A

Staff Report
Date: January 14, 2025
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Mindy Gentry, Director of Community Development Carlton Thompson, PE, City Engineer
Prepared by: Bernard Enrile, PE, Senior Civil Engineer
[email protected]
(925) 671-3470
Subject: Considering adoption of a Resolution Accepting the Development Impact Fee Report for Fiscal Year 2023-2024 and making findings in compliance with AB 1600. (Government Code Section 66000 et. seq.)
CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060,
15061(b)(3), 15262, 15273, and/or 15378
Report in Brief
The Mitigation Fee Act (Government Code Section 66000 et. seq.) requires each local agency to make public a report on developer fees within 180 days after the close of each fiscal year. The City of Concord (City) completed its year-end audit and posted the required Assembly Bill (AB)1600 report to the City’s website on Thursday, December 27, 2024. Section 66006(b)(2) requires each local agency to review the report at a regularly scheduled public meeting not less than 15 days after the information is made available to the public. The City collects several fees that fall under the purview of the Mitigation Fee Act.

At least every five years, the City Council must also (A) identify the purpose to which the fee is to be put, (B) demonstrate a reasonable relationship between the fee and the purpose for which it is charged, (C) identify all sources and amounts of funding anticipated to complete financing in incomplete improvements identified when the fee was established or increased, and (D) designate the approximate dates when the

4.h

City Council Agenda Report
Agenda Item No. 4.h
January 14, 2025
anticipated funding will be secured to complete the identified improvements. This report and attached resolution satisfy the reporting and findings required for developer fees.

Recommended Action
Adopt a Resolution (Attachment 1) accepting the report of development impact fees and expenditures for the Fiscal Year ending June 30, 2024, and adopt the findings in compliance with AB 1600.

Background
AB 1600 (Statutes of 1998, Mitigation Fee Act), codified as Government Code Sections 66000 et seq. governs how public agencies collect, maintain, and spend impact fees imposed on developers for the purpose of defraying costs of public facilities. AB 1600 sets forth a number of requirements that local agencies must follow if they exact fees from developers to defray the cost of constructing public facilities related to development projects, and mandates reporting requirements for these fees. The annual required report consists of a brief description of the fee type in the account or fund, the amount of the fee, the beginning and ending balance of the account or fund, the amount of fees collected, and the interest earned. At least every five years, the City must (A) identify the purpose to which the fee is to be put, (B) demonstrate a reasonable relationship between the fee and the purpose for which it is charged, (C) identify all sources and amounts of funding anticipated to complete financing in incomplete improvements identified when the fee was established or increased, and (D) designate the approximate dates when the anticipated funding will be secured to complete the identified improvements.

Through the General Plan and various fee studies, the City has established the nexus between development, the capital improvements necessary to mitigate the effects of development, and approved fees to fund the mitigation measures.

Analysis
State law requires that any local agency imposing development impact fees must prepare an annual report providing specific information about those fees as defined in California government Code Sections 66006(b) and 66001(d). The Fiscal Year 2023/2024 Development Impact Fee Report, included as Exhibit A to Attachment 1, meets all the requirements these Government Code Section. Specifics about the information required to be included in the report can be found on page 2 of that report.

Financial Impact
Adoption of the Resolution (Attachment 1) will allow the City to continue programming Traffic Mitigation Fees, Drainage Acreage, and Art in Public Places funds that are more than five years old.

Environmental Determination

City Council Agenda Report
Agenda Item No. 4.h
January 14, 2025
Pursuant to the California Environmental Quality Act (CEQA) of 1970, Public Resources Code Section 21000, et. seq., as amended and implementing State CEQA Guidelines, Title 14, Chapter 3 of the California Code of Regulations (collectively “CEQA”), accepting the Development Impact Fee Report for Fiscal Year 2023-2024 does not constitute a “project” within the meaning of Public Resources Code Section 21065, 14 Cal Code Regs. Section 15060(c)(2) or 15378 because it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. Even if accepting the Development Impact Fee Report for Fiscal Year 2023-2024 did constitute a project under CEQA, this item is statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15262 (Feasibility and Planning Studies), 15273 (Rates, Tolls, Fares, and Charges) and this activity falls within the "Common Sense" CEQA exemption set forth in CEQA Guidelines Section 15061(b)(3). Therefore, the proposed acceptance of the Development Impact Fee Report for Fiscal Year 2023-2024 does not warrant further environmental review. This determination reflects the City’s independent judgment and analysis. Individual projects will undergo CEQA analysis as necessary.

Public Contact
The Council Agenda was posted. In addition, the Building Industry Association and the Concord Chamber of Commerce were notified about the January 14, 2025 meeting to review the Fiscal Year’s 2023-24 report and informed them as to the location of the report on the City’s website.

Attachments

1. Resolution

2. Exhibit A to Attachment 1: AB1600 Report for FY24

Res. No. 24-XX 1

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Accepting the Development Impact Fee
Report for Fiscal Year 20243-20245 and making
findings in compliance with AB 1600. (Government
Code Section 66000 et. seq.)
Resolution No. 24-XX
/
WHEREAS, the City’s Transportation Element of the adopted General Plan identifies improvements necessitated by continued development in the City and an Offsite Street Improvement Program to pay for development impacts has been authorized by Sections 19.25 et seq. of the Concord Municipal Code and is implemented through Policy & Procedure No. 144; and WHEREAS, the City has developed a Drainage Area Master Plan as part of the City’s adopted General Plan Drainage Element and subdivided that area into sub-areas and thereby established specific areas of common benefit to landowners within these subdivided areas as authorized by Section 13.15 et seq.. of the Concord Municipal Code; and WHEREAS, in 1996, the City Council rescinded the Arts in Public Places fees and subsequently directed staff to conduct a study to identify options for using the funds; and WHEREAS, the City has established discrete accounts and fees to finance the construction of street, drainage improvements and park improvements as mitigation measures for continued development within the City; and
WHEREAS, the City biennially adopts a comprehensive Capital Improvement Program to prioritize identified street, drainage improvements and park improvements and allocates funds to construct the improvements as mitigation for the continued development in the City; and WHEREAS, these improvements are scheduled to be constructed over time as sufficient funds become available; and
WHEREAS, to facilitate the development and availability of housing a broad range of households and implement the Housing Element of the Concord General Plan the City has identified the First-Time Home Buyer program as an appropriate use of the Inclusionary Housing Fees; and Attachment 1

Res. No. 24-XX 2
WHEREAS, these identified improvements are of such size that sufficient funds have not been collected or obtained in order to construct these improvements by expending fees collected within the five-year expenditure period by Government Code Section 66001(d); and WHEREAS, there continues to be a distinct nexus between continued development and the necessity to mitigate development impacts on traffic circulation and drainage; and WHEREAS, fees collected previously and in the future as Offsite Street Improvement Fee and Drainage Acreage Fees are necessary to fund identified street and drainage improvements; and WHEREAS, fees collected previously for the Arts in Public Places fees are necessary to fund Arts and Cultural Projects; and
WHEREAS, the City has prepared a report that contains the information required by Government Code sections 66001 and 66006, a copy of which is attached hereto as Exhibit A (the “AB 1600 Report”); and
WHEREAS, the AB 1600 Report was made available for review on December 27, 2024, more than fifteen (15) days prior to the date that the Council considered the AB 1600 Report.

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

Section 1. The foregoing recitals are true and correct.

Section 2. Council action on this item is statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15262 (Feasibility and Planning Studies), 15273 (Rates, Tolls, Fares, and Charges),does not constitute a "project" within the meaning of CEQA Guidelines Section 15060(c)(2) and CEQA Guidelines Section 15378 (including subsections 15378(b)(2), (4) and/or (5)), does not commit the City to a definite course of action, does not constitute discretionary approval of a specific project, and will not result in a direct or reasonably foreseeable indirect physical change in the environment. If Council action on this item were determined to be a “project” for CEQA analysis, this activity falls within the "Common Sense" CEQA exemption set forth in CEQA Guidelines Section 15061(b)(3). No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. This determination reflects the City’s independent judgment and analysis. Individual projects will undergo CEQA analysis as

Res. No. 24-XX 3
necessary.

Section 3. The City Council of the City of Concord hereby finds the following as required by Government Code Section 66001(d) and based upon review of the Annual Development Impact Fee Report for FY 2022-2023:
a. The purpose of the development impact fees has been identified. b. There is a continued need for improvements and that there is reasonable relationship between the fees and the impacts for development for which the fees are collected. c. There remains a reasonable relationship between the current need for the Inclusionary Housing, Parking In-lieu, Offsite Street Improvement Program, Master Storm Drain, Parkland In-Lieu and Art in Public Places fees and the purpose for which they were originally identified.
d. The Sources and amounts of funding anticipated to complete the financing of improvements has been identified.
e. The approximate dates for funding capital improvements are included in the City’s 2025- 2029 Capital Improvement Program, unless the improvements are longer term projects or are planned by another agency.

Section 4. The City Council hereby approves, accepts, and adopts the AB 1600 Report.

Section 5. This resolution shall become effective immediately upon its passage and adoption. //
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Res. No. 24-XX 4
PASSED AND ADOPTED by the City Council of the City of Concord on January 14, 2025, 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 January 14, 2025.

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney
Attachment 1 Exhibit A: AB 1600 Report

City of Concord
Development Impact Fee Report
Fiscal Year Ending June 30, 2024
Attachment 2

INTRODUCTION
City of Concord 1
Table of Contents
INTRODUCTION........................................................................................................................... 2 Legal requirements for Development Impact Fee Reporting ....................................................... 2 Annual Report Requirements .................................................................................................... 2 Five-Year Report Requirements................................................................................................. 4 Capital Improvement Program .................................................................................................. 4 Annual Report.............................................................................................................................. 5 Description of Development Impact Fees.................................................................................. 5 Current Fee Schedule............................................................................................................... 6 Annual Financial Summary.........................................................................................................10 Development Impact Fee Fund Balance ..................................................................................11 Arts in Public Places Fund.......................................................................................................12 Housing Inclusionary Fund .....................................................................................................14 Parking In-Lieu Fund...............................................................................................................16 Off-Site Improvement Program (OSIP) Fund.............................................................................18 Traffic Mitigation Bailey Rd Improvements Fund.......................................................................23 Storm Drain Funds..................................................................................................................25 Parkland Funds ......................................................................................................................49 Approximate Date of Construction ..........................................................................................52 Interfund Transfers or Loans ...................................................................................................52 Summary of Refunds ..............................................................................................................53 Five-Year Report and Findings ....................................................................................................54 Inclusionary Housing Fee........................................................................................................54 Parking In-lieu Fee ..................................................................................................................55 Traffic Mitigation Fees.............................................................................................................55 Drainage Acreage Fees ...........................................................................................................57

INTRODUCTION
City of Concord 2

INTRODUCTION
Legal requirements for Development Impact Fee Reporting The City collects several fees that fall under the purview of the Mitigation Fee Act.

The Mitigation Fee Act (Government Code Section 66000 et. seq.) requires each local agency to make public a report on developer fees within 180 days after the close of each fiscal year. The City of Concord (City) completed its year-end audit and posted the required AB1600 report to the City’s website on Thursday, December 26, 2024. Section 66006(b)(2) requires each local agency to review the report at a regularly scheduled public meeting not less than 15 days after the information is made available to the public. The City collects several fees that fall under the purview of the Mitigation Fee Act.

AB 1600 (Statutes of 1998, Mitigation Fee Act), codified as Government Code Sections 66000 et seq. governs how public agencies collect, maintain, and spend impact fees imposed on developers for the purpose of defraying costs of public facilities. AB 1600 sets forth a number of requirements that local agencies must follow if they exact fees from developers to defray the cost of constructing public facilities related to development projects, and mandates reporting requirements for these fees.

Through the General Plan and various fee studies, the City has established the nexus between development, the capital improvements necessary to mitigate the effects of development, and approved fees to fund the mitigation measures.

Annual Report Requirements
California Government Code Section 66006 (b) requires each local agency that imposes development impact fees under the Mitigation Fee Act to prepare an annual report providing specific information about those fees for the previous fiscal year. Specifically, Section 66006 (b) requires that for each separate account, the local agency shall make available to the public the information shown below for the most recent fiscal year. • Section 66006 (b) (1)
• (A): A brief description of the type of fee in the account or Fund. • (B): The amount of the fees.

INTRODUCTION
City of Concord 3
• (C) The beginning (July 1) and ending (June 30) balance of a particular impact fee fund or account.
• (D): The amount of the fees collected and interest earned by fund or account. • (E): An identification of each public improvement upon which fees were expended and the amount of expenditures on each improvement including the total percentage of the cost of the public improvement that was funded with fees. • (F)
• (i): An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement. • (ii): An identification of each public improvement identified in a previous report pursuant to clause (i) and whether construction began on the approximate date noted in the previous report
• (iii): For a project identified pursuant to clause (ii) for which construction did not commence by the approximate date provided in the previous report, the reason for the delay and a revised approximate date that the local agency will commence construction
• (G): A description of each interfund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended; and, in the case of an interfund loan, the terms of the loan, including the repayment schedule for the loan, and the rate of interest that the account or fund will receive on the loan.
• (H): A summary of any refunds made, and their respective amount, due to sufficient funds being collected to complete financing of scheduled public improvements and the amount of reallocation of funds made due to administrative costs of refunding unexpended revenues exceeding the amount to be refunded. • Section 66006 (b) (2)
• Review the report at a public meeting not less than 15 days after the report is released to the public.

The City is in compliance with these reporting requirements mentioned above and has included in-lieu fees into this year’s report.

INTRODUCTION
City of Concord 4
Five-Year Report Requirements
California Government Code Section 66001 (d) (1) requires the local agency make all the following findings every fifth year with respect to that portion of the account remaining unexpended, whether encumbered to a specific project or remaining unencumbered in an impact fee fund.
• Section 66001 (d) (1)
• (A): Identify the purpose to which the fee is to be put. • (B): Demonstrate a reasonable relationship between the fee and the purpose for which it is charged.
• (C): Identify all sources and amounts of funding anticipated to complete financing in incomplete improvements identified when the fee was established or increased. • (D): Designate the approximate dates when the anticipated funding will be secured to complete the identified improvements. This report and resolution passed by council at the next council meeting satisfy the reporting and findings required for developer fees.

With respect to fees collected from developers that are not expended within five years, state law recognizes that some project costs can be of a magnitude that it takes more than five years to accrue adequate funds, or that matching funds may not be available within the five-year period.

Capital Improvement Program
The State of California Government Code Section 66002 states that local agencies that have developed a fee program may adopt a Capital Improvement Program (CIP) indicating the approximate location, size and timing of projects, plus an estimate for the cost of all facilities or improvements to be financed by fees. A formal CIP is recommended, at a minimum, as a fiveyear plan. The City bi-annually produces a five-year CIP which helps to maintain and support the City’s General Plan as well as identify situations where infrastructure is needed to accommodate the planned development.

The City’s current, adopted 2-year CIP Budget for Fiscal Years (FY) 2024-2025 and 2025-2026, and the 5-year Capital Improvement Plan FY 2025-2029 can be found on the City’s website at https://cityofconcord.org/272/Capital-Improvement-Plan and are incorporated by reference herein.

Annual Report
City of Concord 5
Annual Report
Description of Development Impact Fees
Art in Public Places Fees (Fund 285): The City rescinded this fee in 1996 and has since expended all the original fee revenues collected prior to that time. Revenues are occasionally added to the fund from other sources and interest from account balance have kept the account alive, so the reporting of these funds are included in the annual AB1600 reports. The fund has been used to support public art on traffic signal cabinets. The current balance is projected to be expended by the end of Fiscal Year 2025. Three years after the funds have been fully expended the account can be closed. The City does not currently have a replacement fund for public art.

Inclusionary Housing Fee (Fund 251): This fee was established by Ordinance 04-3 in 2004. The fee is intended to be used for housing projects and programs that serve Very Low, Low and/or Moderate-Income Households. All Residential Developments must include the number of Inclusionary Units as required in the ordinance or if eligible, pay the in-lieu fee as provided in the Master Fee Schedule.

Parking In-Lieu Fees (Fund 455): This fee is a voluntary fee that a developer may pay the City as an alternative means of complying with the zoning requirements within the Downtown Business District. This fee was established by Ordinance 954 in 1973. The fee is intended to Fund parking improvements in the downtown. Amendments were made in 1977(Ordinance 77-1084) and 2017 (Ordinance 17-6). All development projects in the DP and DMX districts must meet requirements for on-site parking and loading as specified in Concord Municipal Code Sections

18.160.050 and 18.160.060. Pursuant to Section18.160.060 B., an applicant for a development project can request the Planning Commission to allow payment of an in-lieu fee instead of providing some or all of the required on-site parking spaces.

Traffic Mitigation Fees (Funds 410, 420 & 461): Traffic Mitigation Fees were established by Ordinance 05-5 in July 2005. The fees are collected from developers to improve transportation elements of our infrastructure. Primarily these funds have been used to provide improvements to traffic signals, signal operations and improvements to lane configurations supporting all modes of travel. Fund 410 is included in the report as it contains historical transactions, the funds have all been moved to Fund 420 and Fund 410 and will be closed.

Annual Report
City of Concord 6
Master Storm Drain/Drainage Acreage Fees (Funds 430-440): The collection of developer fees to improve the storm drain system in certain parts of Concord was originally adopted by Ordinance 856 in August of 1971. These fees are used to fund capital projects consistent with the Storm Drain Master Plan.

Parkland Dedication In-lieu Fee (Funds 450 & 451): Parkland in-lieu fees are governed under the Quimby Act and are not subject to AB1600 and its reporting requirements. However, for transparency purposes and ease of reporting, staff has included information regarding these fees at this time. The City collects Parkland in-lieu fees from residential developers who are responsible for providing parkland and recreation sources for Concord’s citizens. Developers may choose to pay a fee in-lieu instead. Parkland funds are used to create new parks, park features and improvements to our parks. The funds cannot be used for maintenance of the existing facilities but can be used for replacement of equipment and features. The funds can be used in any of our parks.

Current Fee Schedule
Art in Public Places Fees (Fund 285): The City rescinded this fee in 1996 and has since expended all the original fee revenues collected prior to that time.

Inclusionary Housing Fee (Fund 251):

In-lieu Fee (Project sizes 10
units or greater)(1), (2)
Ownership $20 per gross square foot of market-rate development Rental $15 per gross square foot of market-rate development Fractional In-Lieu Fee(1), (2)
Ownership $254,383 x fractional unit
Rental $173,034 x fractional unit

Annual Report
City of Concord 7
Parking In-Lieu Fees (Fund 455):

Single non-residential $1,572/space
Multifamily residential projects $25,000/space
Traffic Mitigation Fees (Funds 410, 420 & 461):

Off-Site Street Improvement Program Fees
Single family unit (per dwelling unit)
Accessory Dwelling Unit (750sqft to
1200sqft and larger than 40% of primary
dwelling)
$3,251/unit
Accessory Dwelling Unit (750sqft to
1200sqft and 40% or smaller than primary
dwelling)
$1,626/unit
Multi family unit, including condominium and
townhouse
$1,073/unit
Commercial $8.81/gross sq.ft.

Office $7.07/gross sq.ft.

Industrial $2.98/gross sq.ft.

Mini-storage $1.51/gross sq.ft.

Master Storm Drain/Drainage Acreage Fees (Funds 430-440):

Drainage Area Fee – City
Area 5 $2,178/acre
Area 7 $3,831/acre
Area 23/24 $2,709/acre
Area 50 $4,211/acre
Area 90 $3,414/acre
Area 92 $2,417/acre
Drainage Area Fee – County
Area 128 $0.17/sq.ft.

Annual Report
City of Concord 8
Area 22 $0.05/sq.ft.

Area 33B $0.70/sq.ft.

Area 33C $0.44/sq.ft.

Area 48B $0.66/sq.ft.

Parkland Dedication In-lieu Fee (Funds 450 & 451):

Rural Residential-Conservation/Low-Density Residential Designation Park Land Requirement - 697 sq.ft.
38961 $11,910/unit
39326 $13,504/unit
39692 $15,098/unit
40057 $16,691/unit
Medium-Density Designation
Park Land Requirement - 479 sq.ft.
38961 $8,170/unit
39326 $9,271/unit
39692 $10,370/unit
40057 $11,470/unit
High-Density Residential Designations
Park Land Requirement - 414 sq.ft.
38961 $7,055/unit
39326 $8,009/unit
39692 $8,962/unit
40057 $9,914/unit
Downtown, Seniors and Special Needs Housing Units
Park Land Requirement - 305 sq.ft.
38961 $5,233/unit
39326 $5,924/unit
39692 $6,613/unit
40057 $7,304/unit

Annual Report
City of Concord 9
Accessory Dwelling Unit (750 sq.ft. to 1200 sq.ft. and larger than 40% of primary dwelling) – shall be fifty percent
50% of the Rural Residential – Conservation/Low Density Residential Designation
38961 $5,955/unit
39326 $6,752/unit
39692 $7,548/unit
40057 $8,345/unit
Accessory Dwelling Unit (750 sq.ft. to 1200 sq.ft. and 40% smaller than primary dwelling)
$5,508/unit

Annual Financial Summary
City of Concord 10
Annual Financial Summary
In the preceding fiscal year, the City administered a range of developer fees subject to mandatory reporting requirements. These fees encompass:

1. Inclusionary Housing Fee

2. Parking In-lieu Fee

3. Traffic Mitigation Fees, including:
a) Off-Site Street Improvement Program (OSIP)
b) Bailey Road Traffic Improvements

4. Drainage Acreage Fees
The City no longer collects the Arts in Public Places fees following their rescission by the Council in 1996. While Parkland in-lieu fees are not covered by AB1600, they have been incorporated into this report for the sake of consistency and comprehensive reporting.

A detailed transaction report is included below, providing a comprehensive breakdown of each fee collected by the City. This report includes itemized expenditure and revenue data for each fee category. It is important to note that not all development projects are subject to each of these fees; requirements vary based on the nature and scope of individual projects.

Annual Financial Summary
City of Concord 11
Development Impact Fee Fund Balance

ASSIGNED FUND BALANCE
AS OF 06-30-24
TOTAL

FUND FUND COMMITED ASSIGNED UNASSIGNED

BALANCE TO PROJECTS FUND BALANCE FUND BALANCE
251 HOUSING
INCLUSIONARY $ 1,657,375 $ - $ 280,000 $ 280,000 $ 1,377,375 285 ART IN PUBLIC
PLACES $ 65,198 $ - $ 25,000 $ 25,000 $ 40,198
455 PARKING IN LIEU $ 255,564 $ - $ - $ - $ 255,564
410 OSIP CITY WIDE $ - $ - $ - $ - $ -
420 OSIP $ 4,089,913 233,239$ $ 844,700 $ 1,077,939 $ 3,011,974 461TRAFFIC MITIGATION
BAILEY RD IMP $ 341,514 $ - $ 242,000 $ 242,000 $ 99,514 Subtotal $ 4,431,427 233,239$ $ 1,086,700 $ 1,319,939 $ 3,111,488 430 STORM DRAIN 1 $ 13,663 $ - $ - $ - $ 13,663
431 STORM DRAIN 92 $ 134,545 $ - $ - $ - $ 134,545
432 STORM DRAIN 5 $ 55,197 $ - $ - $ - $ 55,197
433 STORM DRAIN 7 $ 6,398 $ - $ - $ - $ 6,398
434 STORM DRAIN 22 $ 47,090 $ - $ - $ - $ 47,090
435 STORM DRAIN 23 $ 254,676 $ - $ - $ - $ 254,676
436 STORM DRAIN 50 $ 54,998 $ - $ - $ - $ 54,998
437 STORM DRAIN 90 $ 34,767 $ - $ - $ - $ 34,767
438 STORM DRAIN 33A $ 147,766 $ - $ - $ - $ 147,766
439 STORM DRAIN 128 $ 5,460 $ - $ - $ - $ 5,460
440 STORM DRAIN 33B $ 59,683 $ - $ - $ - $ 59,683
Subtotal $ 814,243 $ - $ - $ - $ 814,243
TOTAL OSIP and
Mitigation Fees Subject
to AB1600 $ 5,245,670 233,239$ $ 1,086,700 $ 1,319,939 $ 3,925,731 Quimby Act Fees AB1359
450 PARKLAND ZONE A $ 7,389,695 $ 52,566 $ 2,017,744 $ 2,070,310 $ 5,319,385 Total $ 7,389,695 $ 52,566 $ 2,017,744 $ 2,070,310 $ 5,319,385 TOTAL ALL FEES $ 14,613,502 285,805$ $ 3,409,444 $ 3,695,249 $ 10,918,253 ENCUMBERED

Annual Financial Summary
City of Concord 12
Arts in Public PlacesFund
ART IN PUBLIC PLACES FUND 285

REVENUES & EXPENDITURES
FY20 to FY24
FY20 FY21 FY22 FY23 FY24

REVENUE
Fees $ - $ - $ - $ - $ -
Interest $ 1,569 $ 1,423 $ 757 $ 1,736 $ 2,455
Other $ 20,600 $ - $ - $ - $ -
Total $ 22,169 $ 1,423 $ 757 $ 1,736 $ 2,455

EXPENDITURES
Expenditures $ - $ - $ - $ - $ -
Supplies $ - $ - $ - $ 10,000 $ 1,520
Creative Concord Murals $ - $ - $ 28,344 $ - $ -
Todos Santsos Utility Box Art $ 7,141 $ - $ - $ - $ -
Total $ 7,141 $ - $ 28,344 $ 10,000 $ 1,520
Rev/over(under) Exp $ 15,028 $ 1,423 $ (27,587) $ (8,264) $ 935

OTHER FINANCING SOURCES (USES)
Transfers In $ - $ - $ - $ - $ -
Transfers Out $ - $ - $ - $ - $ -
Total $ - $ - $ - $ - $ -
Excess(Deficiency) of
Rev and Other Sources
Over(Under) Exp & Other
Financing Uses $ 15,028 $ 1,423 $ (27,587) $ (8,264) $ 935 FUND BALANCES, JULY 1 $ 83,663 $ 98,691 $ 100,114 $ 72,527 $ 64,263 FUND BALANCES, JUNE 30 $ 98,691 $ 100,114 $ 72,527 $ 64,263 $ 65,198

Annual Financial Summary
City of Concord 13
ART IN PUBLIC PLACES FUND 285: FY 2023/24 EXPENDITURES
Capital Expenditures
No Capital Expenditures $ - N/A N/A N/A
Subtotal, Capital Expenditure $ -
Other Expenditures
Supplies $ 1,520 N/A N/A
Subtotal, Capital Expenditure $ 1,520
TOTAL EXPENDITURES $ 1,520
No projects associated with this account were completed in the Fiscal year 2023/24.

IMPROVEMENT NAME
FY 24

ACCOUNT
EXPEND
TOTAL

PROJECT
COST
APPROX

DATE OF

PROJECT

COMMENC
FY24

EXPEND AS
% OF
TOTAL
COST

Annual Financial Summary
City of Concord 14
Housing Inclusionary Fund
HOUSING INCLUSIONARY FUND 251

REVENUES & EXPENDITURES
FY20 to FY24
FY20 FY21 FY22 FY23 FY24

REVENUE
Fees $ 107,939 $ 61,876 $ -
Interest 35,516 27,423 $ 16,121 $ 50,088 $ 63,340
Other Revenue
Total $ 143,455 $ 89,299 $ 16,121 $ 50,088 $ 63,340

EXPENDITURES
First Time Home Buyer Loans $ - $ - $ - $ 30,000 $ 30,000 Administration 5,853 6,014 33,760
Total $ 5,853 $ - $ 6,014 $ 30,000 $ 63,760
Rev/over(under) Exp $ 137,602 $ 89,299 $ 10,107 $ 20,088 $ (420)

OTHER FINANCING SOURCES (USES)
Transfer In $ - $ - $ - $ - $ -
Transfers Out - - - - (334,957)
Total $ - $ - $ - $ - $ (334,957)
Excess(Deficiency) of Rev & Other Source
Over(Under) Exp & Other Financ $ 137,602 $ 89,299 $ 10,107 $ 20,088 $ (335,377) FUND BALANCES, JULY 1 $ 1,735,656 $ 1,873,258 $ 1,962,557 $ 1,972,664 $ 1,992,753 FUND BALANCES, JUNE 30 $ 1,873,258 $ 1,962,557 $ 1,972,664 $ 1,992,753 $ 1,657,376

Annual Financial Summary
City of Concord 15
HOUSING INCLUSIONARY FUND 251: FY 2023/24 EXPENDITURES
Capital Expenditures
No Capital Expenditures $ - N/A N/A N/A
Subtotal, Capital Expenditure $ -
Other Expenditures
First Time Home Buyer Loans 30,000
Administration $ 33,760
Subtotal, Capital Expenditure $ 63,760
TOTAL EXPENDITURES $ 63,760
No projects associated with this account were completed in the Fiscal year 2023/24.

IMPROVEMENT NAME
FY 24

ACCOUNT
EXPEND
TOTAL

PROJECT
COST
APPROX

DATE OF

PROJECT

COMMENC
FY24

EXPEND AS
% OF
TOTAL
COST

Annual Financial Summary
City of Concord 16
Parking In-Lieu Fund
PARKING IN LIEU FUND 455

REVENUES & EXPENDITURES
FY20 to FY24
FY20 FY21 FY22 FY23 FY24

REVENUE
Fees $ 18,864 $ 209,432 $ - $ - $ -
Interest 438 1,349 1,961 6,098 9,455
Other Revenue - - - - -
Total $ 19,302 $ 210,781 $ 1,961 $ 6,098 $ 9,455

EXPENDITURES
Project Expenses $ - $ - $ - $ - $ -
Total $ - $ - $ - $ - $ -
Rev/over(under) Exp $ 19,302 $ 210,781 $ 1,961 $ 6,098 $ 9,455

OTHER FINANCING SOURCES (USES)
Transfer In $ - $ - $ - $ - $ -
Transfers Out - - - - -
Total $ - $ - $ - $ - $ -
Excess(Deficiency) of Rev & Other Source
Over(Under) Exp & Other Financ $ 19,302 $ 210,781 $ 1,961 $ 6,098 $ 9,455 FUND BALANCES, JULY 1 $ 7,965 $ 27,268 $ 238,049 $ 240,011 $ 246,109 FUND BALANCES, JUNE 30 $ 27,268 $ 238,049 $ 240,011 $ 246,109 $ 255,564

Annual Financial Summary
City of Concord 17
PARKING IN LIEU FUND 455: FY 2023/24 EXPENDITURES
Capital Expenditures
No Capital Expenditures $ - N/A N/A N/A
Subtotal, Capital Expenditure $ -
Other Expenditures
No Other Expenditures $ -
Subtotal, Capital Expenditure $ -
TOTAL EXPENDITURES $ -
No projects associated with this account were completed in the Fiscal year 2023/24.

IMPROVEMENT NAME
FY 24

ACCOUNT
EXPEND
TOTAL

PROJECT
COST
APPROX

DATE OF

PROJECT

COMMENC
FY24

EXPEND AS
% OF
TOTAL
COST

Annual Financial Summary
City of Concord 18
Off-Site Improvement Program (OSIP) Fund
OSIP CITYWIDE FUND 410

REVENUES & EXPENDITURES
FY20 to FY24
FY20 FY21 FY22 FY23 FY24

REVENUE
Fees $ - $ - $ - $ - $ -
Interest - - - - -
Other Revenue - - - - -
Total $ - $ - $ - $ - $ -

EXPENDITURES
Traffic Signal Geom. ImpDesign
2284 $ - $ - $ - $ - $ -
Total $ - $ - $ - $ - $ -
Rev/over(under) Exp $ - $ - $ - $ - $ -

OTHER FINANCING SOURCES (USES)
Transfer In $ 200,000
Transfers Out - (200,000) (14,808) - -
Total $ 200,000 $ (200,000) $ (14,808) $ - $ -
Excess(Deficiency) of Rev & Other Source
Over(Under) Exp & Other Financ $ 200,000 $ (200,000) $ (14,808) $ - $ - FUND BALANCES, JULY 1 $ 14,808 $ 14,808 $ 14,808 $ - $ - FUND BALANCES, JUNE 30 $ 214,808 $ (185,192) $ (0) $ - $ -

Annual Financial Summary
City of Concord 19
OSIP CITYWIDE FUND 410: FY 2023/24 EXPENDITURES
Capital Expenditures
No Capital Expenditures $ - N/A N/A N/A
Subtotal, Capital Expenditure $ -
Other Expenditures
No other Expenditures $ -
Subtotal, Capital Expenditure $ -
TOTAL EXPENDITURES $ -
No projects associated with this account were completed in the Fiscal year 2023/24.

APPROXIM

ATE DATE
OF

PROJECT

COMMENC
EMENT
FY24

EXPENDITU
RES AS %

OF TOTAL
COST
FY 24

ACCOUNT

EXPENDITU
RES
TOTAL

PROJECT
COST

IMPROVEMENT NAME

Annual Financial Summary
City of Concord 20
OSIP FUND 420

REVENUES & EXPENDITURES
FY20 to FY24
FY20 FY21 FY22 FY23 FY24

REVENUE
Fees $ 658,994 $ 399,116 $ 860,532 $ 1,530,988 $ 272,038 Interest 22,722 30,245 21,462 95,554 162,927
Other - - - - -
Total $ 681,716 $ 429,361 $ 881,994 $ 1,626,542 $ 434,965

EXPENDITURES
Replace Controller /Cabinet at
Signalized Intersection 2462 - - - - 89,890
Citywide Traffic System
Upgrade PJ2493 - - - - 93,067
Traffic Safety - Commerce Ave
PJ2085 - 282,832 60,311 6,100 -
Citywide Signal Retiming
PJ2508 - - - 22,907 -
OSIP update PJ2541 - - - 71,283 188,538
Citywide Traffic System 2
PJ2698 - - - - 4,829
Countywide Smart Signal
PJ2699 - - - - 499,173
Traffic Calming - Willow Pass &
Clayton Rd - 14,433 - $0 $2,458
Total $ - $ 297,265 $ 60,311 $ 100,290 $ 877,955
Rev/over(under) Exp $ 681,716 $ 132,096 $ 821,683 $ 1,526,252 $ (442,990)

Annual Financial Summary
City of Concord 21

OTHER FINANCING SOURCES (USES)
$ - $ - $ 14,808 $ - $ -
Transfers In 160,029 246,971 (314) - -
Transfers Out
Total $ 160,029 $ 246,971 $ 14,494 $ - $ -
Excess(Deficiency) of Rev &
Other Source $ 841,745 $ 379,067 $ 836,177 $ 1,526,252 $ (442,990) Over(Under) Exp & Other Financing Uses
`` $ 949,662 $ 1,791,407 $ 2,170,474 $ 3,006,651 $ 4,532,903 FUND BALANCES, JUNE 30 $ 1,791,407 $ 2,170,474 $ 3,006,651 $ 4,532,903 $ 4,089,913

Annual Financial Summary
City of Concord 22
OSIP FUND 420: FY 2023/24 EXPENDITURES
Capital Expenditures
Replace Controller /Cabinet
at Sig Int 2462 $ 89,890 N/A On-going N/A
Citywide Traffic System
Upgrade PJ2493 $ 93,067 $ 3,407,134 Complete 3%
Traffic Safety - Commerce
Ave PJ2085 $ - N/A Complete N/A
Citywide Signal Retiming
PJ2508 $ - N/A On-going N/A
OSIP update PJ2541 $ 188,538 N/A On-going N/A
Citywide Traffic System 2
PJ2698 $ 4,829 $ 819,297 2023 1%
Countywide Smart Signal
PJ2699 $ 499,173 $ 3,853,656 2023 13%
Traffic Safety Traffic Calming
Program 2464 $ 2,458 N/A On-going N/A
Subtotal, Capital Expenditure $ 877,955
Other Expenditures
No Other Expenditures $ -
Subtotal, Capital Expenditure $ -
TOTAL EXPENDITURES $ 877,955
No projects associated with this account were completed in the Fiscal year 2023/24.

IMPROVEMENT NAME
FY 24

ACCOUNT
EXPEND
TOTAL

PROJECT
COST
APPROX

DATE OF

PROJECT

COMMENC
FY24

EXPEND AS
% OF
TOTAL
COST

Annual Financial Summary
City of Concord 23
Traffic Mitigation Bailey Rd Improvements Fund
TRAFFIC MITIGATION BAILEY RD IMPROVEMENTS FUND 461

REVENUES & EXPENDITURES
FY20 to FY24
FY20 FY21 FY22 FY23 FY24

REVENUE
Fees $ - $ - $ - $ - $ -
Interest 6,176 4,522 2,621 8,149 12,635
Other - - - - -
Total $ 6,176 $ 4,522 $ 2,621 $ 8,149 $ 12,635

EXPENDITURES
Capital Expenditures $ - $ - $ - $ - $ -
Purchase MacDonald-Rain 373
Installation MacDonald-Rain
Historical Mural/Fontes 384
Total $ - $ - $ - $ - $ -
Rev/over(under) Exp $ 6,176 $ 4,522 $ 2,621 $ 8,149 $ 12,635

OTHER FINANCING SOURCES (USES)
Operating transfers in $ - $ - $ - $ - $ -
Operating transfers out - - - - -
Total $ - $ - $ - $ - $ -
Excess(Deficiency) of
Rev and Other Sources
Over(Under) Exp & Other
Financing Uses $ 6,176 $ 4,522 $ 2,621 $ 8,149 $ 12,635 FUND BALANCES, JULY 1 $ 307,411 $ 313,587 $ 318,109 $ 320,730 $ 328,879 FUND BALANCES, JUNE 30 $ 313,587 $ 318,109 $ 320,730 $ 328,879 $ 341,514

Annual Financial Summary
City of Concord 24
TRAFFIC MITIGATION BAILEY RD IMPROVEMENTS FUND 461: FY 2023/24 EXPENDITURES Capital Expenditures
No Capital Expenditures $ - N/A N/A N/A
Subtotal, Capital Expenditure $ -
Other Expenditures
No Other Expenditures $ -
Subtotal, Capital Expenditure $ -
TOTAL EXPENDITURES $ -
No projects associated with this account were completed in the Fiscal year 2023/24.

FY24

EXPEND AS
% OF
TOTAL
COST
FY 24

ACCOUNT
EXPEND
TOTAL

PROJECT
COST
APPROX

DATE OF

PROJECT

COMMENC

IMPROVEMENT NAME

Annual Financial Summary
City of Concord 25
Storm Drain Funds
STORM DRAIN #1 FUND 430

REVENUES & EXPENDITURES
FY20 to FY24
FY20 FY21 FY22 FY23 FY24

REVENUE
Fees $ - $ - $ - $ - $ -
Interest 247 181 105 326 505
Total $ 247 $ 181 $ 105 $ 326 $ 505

EXPENDITURES
$ - $ - $ - $ - $ -
- - - - -
Total $ - $ - $ - $ - $ -
Rev/over(under) Exp $ 247 $ 181 $ 105 $ 326 $ 505

OTHER FINANCING SOURCES (USES)
Transfers In $ - $ - $ - $ - $ -
Transfers Out - - - - -
Total $ - $ - $ - $ - $ -
Excess(Deficiency) of
Rev and Other Sources
Over(Under) Exp & Other
Financing Uses $ 247 $ 181 $ 105 $ 326 $ 505
FUND BALANCES, JULY 1 $ 12,299 $ 12,546 $ 12,727 $ 12,832 $ 13,158 FUND BALANCES, JUNE 30 $ 12,546 $ 12,727 $ 12,832 $ 13,158 $ 13,663

Annual Financial Summary
City of Concord 26
STORM DRAIN #1 FUND 430: FY 2023/24 EXPENDITURES
Capital Expenditures
No Capital Expenditures $ - N/A N/A N/A
Subtotal, Capital Expenditure $ -
Other Expenditures
No Other Expenditures $ -
Subtotal, Capital Expenditure $ -
TOTAL EXPENDITURES $ -
No projects associated with this account were completed in the Fiscal year 2023/24.

TOTAL

PROJECT
COST
APPROX

DATE OF

PROJECT

COMMENC
FY24

EXPEND AS
% OF
TOTAL
COST
FY 24

ACCOUNT
EXPEND

IMPROVEMENT NAME

Annual Financial Summary
City of Concord 27
STORM DRAIN #92 FUND 431

REVENUES & EXPENDITURES
FY20 to FY24
FY20 FY21 FY22 FY23 FY24

REVENUE
Fees $ - $ - $ -
Interest 2,433 1,781 1,033 3,210 4,978
Total $ 2,433 $ 1,781 $ 1,033 $ 3,210 $ 4,978

EXPENDITURES
Vista del Monte Storm Drain 789
Monument Ct Storm Drain 1821
$ - $ - $ - $ - $ -
- - - - -
- - - - -
Total $ - $ - $ - $ - $ -
Rev/over(under) Exp $ 2,433 $ 1,781 $ 1,033 $ 3,210 $ 4,978

OTHER FINANCING SOURCES (USES)
Transfers In $ - $ - $ - $ - $ -
Transfers Out - - - - -
Total $ - $ - $ - $ - $ -
Excess(Deficiency) of
Rev and Other Sources
Over(Under) Exp & Other
Financing Uses $ 2,433 $ 1,781 $ 1,033 $ 3,210 $ 4,978
FUND BALANCES, JULY 1 $ 121,111 $ 123,544 $ 125,325 $ 126,357 $ 129,567 FUND BALANCES, JUNE 30 $ 123,544 $ 125,325 $ 126,357 $ 129,567 $ 134,545

Annual Financial Summary
City of Concord 28
STORM DRAIN #92 FUND 431: FY 2023/24 EXPENDITURES
Capital Expenditures
No Capital Expenditures $ - N/A N/A N/A
Subtotal, Capital Expenditure $ -
Other Expenditures
No Other Expenditures $ -
Subtotal, Capital Expenditure $ -
TOTAL EXPENDITURES $ -
No projects associated with this account were completed in the Fiscal year 2023/24.

FY 24

ACCOUNT
EXPEND
TOTAL

PROJECT
COST
APPROX

DATE OF

PROJECT

COMMENC
FY24

EXPEND AS
% OF
TOTAL
COST

IMPROVEMENT NAME

Annual Financial Summary
City of Concord 29
STORM DRAIN #5 FUND 432

REVENUES & EXPENDITURES
FY20 to FY24
FY20 FY21 FY22 FY23 FY24
``

REVENUE
Fees $ - $ - $ 10,607 $ - $ -
Interest 793 581 369 1,317 2,042
Total $ 793 $ 581 $ 10,975 $ 1,317 $ 2,042

EXPENDITURES
Mt Diablo Creek Study Area 203 $ - $ - $ - $ - $ -
$ - $ - $ - $ - $ -
Total $ - $ - $ - $ - $ -
Rev/over(under) Exp $ 793 $ 581 $ 10,975 $ 1,317 $ 2,042

OTHER FINANCING SOURCES (USES)
Transfers In $ - $ - $ - $ - $ -
Transfers Out - - - - -
Total $ - $ - $ - $ - $ -
Excess(Deficiency) of
Rev and Other Sources
Over(Under) Exp & Other
Financing Uses $ 793 $ 581 $ 10,975 $ 1,317 $ 2,042
FUND BALANCES, JULY 1 $ 39,489 $ 40,282 $ 40,863 $ 51,838 $ 53,155 FUND BALANCES, JUNE 30 $ 40,282 $ 40,863 $ 51,838 $ 53,155 $ 55,197

Annual Financial Summary
City of Concord 30
STORM DRAIN #5 FUND 432: FY 2023/24 EXPENDITURES
Capital Expenditures
No Capital Expenditures $ - N/A N/A N/A
Subtotal, Capital Expenditure $ -
Other Expenditures
No Other Expenditures $ -
Subtotal, Capital Expenditure $ -
TOTAL EXPENDITURES $ -
No projects associated with this account were completed in the Fiscal year 2023/24.

FY 24

ACCOUNT
EXPEND
TOTAL

PROJECT
COST
APPROX

DATE OF

PROJECT

COMMENC
FY24

EXPEND AS
% OF
TOTAL
COST

IMPROVEMENT NAME

Annual Financial Summary
City of Concord 31
STORM DRAIN #7 FUND 433

REVENUES & EXPENDITURES
FY20 to FY24
FY20 FY21 FY22 FY23 FY24

REVENUE
Fees $ - $ - $ - $ - $ -
Interest 116 85 49 153 236
Other
Total $ 116 $ 85 $ 49 $ 153 $ 236

EXPENDITURES
La Bonita Storm Drain 744
Gross Lane 1831 $ - $ - $ - $ - $ -
La Bonita Storm Drain 1251 $ - $ - $ - $ - $ -
Lillian Drive Drainage Im 2005 $ - $ - $ - $ - $ -
Farm Bureau Floodplain Amendm $ - $ - $ - $ - $ -
Total $ - $ - $ - $ - $ -
Rev/over(under) Exp $ 116 $ 85 $ 49 $ 153 $ 236

OTHER FINANCING SOURCES (USES)
Transfers In $ - $ - $ - $ - $ -
Transfers Out - - - - -
Total $ - $ - $ - $ - $ -
Excess(Deficiency) of
Rev and Other Sources
Over(Under) Exp & Other
Financing Uses 116 85 49 153 236
FUND BALANCES, JULY 1 $ 5,759 $ 5,875 $ 5,960 $ 6,009 $ 6,162 FUND BALANCES, JUNE 30 $ 5,875 $ 5,960 $ 6,009 $ 6,162 $ 6,398

Annual Financial Summary
City of Concord 32
STORM DRAIN #7 FUND 433: FY 2023/24 EXPENDITURES
Capital Expenditures
No Capital Expenditures $ - N/A N/A N/A
Subtotal, Capital Expenditure $ -
Other Expenditures
No Other Expenditures $ -
Subtotal, Capital Expenditure $ -
TOTAL EXPENDITURES $ -
No projects associated with this account were completed in the Fiscal year 2023/24.

FY 24

ACCOUNT
EXPEND
TOTAL

PROJECT
COST
APPROX

DATE OF

PROJECT

COMMENC
FY24

EXPEND AS
% OF
TOTAL
COST

IMPROVEMENT NAME

Annual Financial Summary
City of Concord 33
STORM DRAIN #22 FUND 434

REVENUES & EXPENDITURES
FY20 to FY24
FY20 FY21 FY22 FY23 FY24

REVENUE
Fees $ - $ - $ - $ - $ -
Interest 855 626 363 1,124 1,743
Total $ 855 $ 626 $ 363 $ 1,124 $ 1,743

EXPENDITURES
Operational Storm Drain Fees $ - $ - $ - $ - $ -
- - - - -
Total $ - $ - $ - $ - $ -
Rev/over(under) Exp $ 855 $ 626 $ 363 $ 1,124 $ 1,743

OTHER FINANCING SOURCES (USES)
Transfers In $ - $ - $ - $ - $ -
Transfers Out - - - - -
Total $ - $ - $ - $ - $ -
Excess(Deficiency) of
Rev and Other Sources
Over(Under) Exp & Other
Financing Uses $ 855 $ 626 $ 363 $ 1,124 $ 1,743
FUND BALANCES, JULY 1 $ 42,380 $ 43,235 $ 43,861 $ 44,223 $ 45,347 FUND BALANCES, JUNE 30 $ 43,235 $ 43,861 $ 44,223 $ 45,347 $ 47,090

Annual Financial Summary
City of Concord 34
STORM DRAIN #22 FUND 434: FY 2023/24 EXPENDITURES
Capital Expenditures
No Capital Expenditures $ - N/A N/A N/A
Subtotal, Capital Expenditure $ -
Other Expenditures
No Other Expenditures $ -
Subtotal, Capital Expenditure $ -
TOTAL EXPENDITURES $ -
No projects associated with this account were completed in the Fiscal year 2023/24.

FY 24

ACCOUNT
EXPEND
TOTAL

PROJECT
COST
APPROX

DATE OF

PROJECT

COMMENC
FY24

EXPEND AS
% OF
TOTAL
COST

IMPROVEMENT NAME

Annual Financial Summary
City of Concord 35
STORM DRAIN #23 FUND 435

REVENUES & EXPENDITURES
FY20 to FY24
FY20 FY21 FY22 FY23 FY24

REVENUE
Fees $ 8,712 $ 1,781 $ 28,270 $ 41,518 $ 8,157
Interest 2,984 2,259 1,466 5,737 9,241
Total $ 11,696 $ 4,040 $ 29,735 $ 47,255 $ 17,398

EXPENDITURES
Sunset Ave Storm Drain 1916
Replacement of Curbs & Gutters $ - $ - $ - $ - $ -
$ - $ - $ - $ - $ -
- - - - -
Total $ - $ - $ - $ - $ -
Rev/over(under) Exp $ 11,696 $ 4,040 $ 29,735 $ 47,255 $ 17,398

OTHER FINANCING SOURCES (USES)
Transfers In from fund 441 $ - $ - $ - $ - $ -
Transfers Out - - - - -
Total $ - $ - $ - $ - $ -
Excess(Deficiency) of
Rev and Other Sources
Over(Under) Exp & Other
Financing Uses $ 11,696 $ 4,040 $ 29,735 $ 47,255 $ 17,398 FUND BALANCES, JULY 1 $ 144,552 $ 156,248 $ 160,288 $ 190,023 $ 237,278 FUND BALANCES, JUNE 30 $ 156,248 $ 160,288 $ 190,023 $ 237,278 $ 254,676

Annual Financial Summary
City of Concord 36
STORM DRAIN #23 FUND 435: FY 2023/24 EXPENDITURES
Capital Expenditures
No Capital Expenditures $ - N/A N/A N/A
Subtotal, Capital Expenditure $ -
Other Expenditures
No Other Expenditures $ -
Subtotal, Capital Expenditure $ -
TOTAL EXPENDITURES $ -
No projects associated with this account were completed in the Fiscal year 2023/24.

FY 24

ACCOUNT
EXPEND
TOTAL

PROJECT
COST
APPROX

DATE OF

PROJECT

COMMENC
FY24

EXPEND AS
% OF
TOTAL
COST

IMPROVEMENT NAME

Annual Financial Summary
City of Concord 37
STORM DRAIN #50 FUND 436

REVENUES & EXPENDITURES
FY20 to FY24
FY20 FY21 FY22 FY23 FY24

REVENUE
Fees $ - $ - $ - $ - $ -
Interest 994 728 422 1,312 2,035
Total $994 $728 $422 $1,312 $2,035

EXPENDITURES
Galindo Creek Study 1833 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0
- - - - -
- - - - -
Total $ - $ - $ - $ - $ -
Rev/over(under) Exp $ 994 $ 728 $ 422 $ 1,312 $ 2,035

OTHER FINANCING SOURCES (USES)
Transfers In $ - $ - $ - $ - $ -
Transfers Out - - - - -
Total $ - $ - $ - $ - $ -
Excess(Deficiency) of
Rev and Other Sources
Over(Under) Exp & Other
Financing Uses $ 994 $ 728 $ 422 $ 1,312 $ 2,035
FUND BALANCES, JULY 1 $ 49,507 $ 50,501 $ 51,229 $ 51,651 $ 52,963 FUND BALANCES, JUNE 30 $ 50,501 $ 51,229 $ 51,651 $ 52,963 $ 54,998

Annual Financial Summary
City of Concord 38
STORM DRAIN #50 FUND 436: FY 2023/24 EXPENDITURES
Capital Expenditures
No Capital Expenditures $ - N/A N/A N/A
Subtotal, Capital Expenditure $ -
Other Expenditures
No Other Expenditures $ -
Subtotal, Capital Expenditure $ -
TOTAL EXPENDITURES $ -
No projects associated with this account were completed in the Fiscal year 2023/24.

FY 24

ACCOUNT
EXPEND
TOTAL

PROJECT
COST
APPROX

DATE OF

PROJECT

COMMENC
FY24

EXPEND AS
% OF
TOTAL
COST

IMPROVEMENT NAME

Annual Financial Summary
City of Concord 39
STORM DRAIN #90 FUND 437

REVENUES & EXPENDITURES
FY20 to FY24
FY20 FY21 FY22 FY23 FY24

REVENUE
Fees $ - $ - $ - $ - $ -
Interest 629 460 267 830 1,287
Total $ 629 $ 460 $ 267 $ 830 $ 1,287

EXPENDITURES
Sunset Ave Storn Drain 1916
Kona Kai Storm Drain 2006 $ - $ - $ - $ - $ -
Farm Bureau Floodplain Amendm $ - $ - $ - $ - $ -
$ - $ - $ - $ - $ -
Total $ - $ - $ - $ - $ -
Rev/over(under) Exp $ 629 $ 460 $ 267 $ 830 $ 1,287

OTHER FINANCING SOURCES (USES)
Transfers In $ - $ - $ - $ - $ -
Transfers Out - - - - -
Total $ - $ - $ - $ - $ -
Excess(Deficiency) of
Rev and Other Sources
Over(Under) Exp & Other
Financing Uses $ 629 $ 460 $ 267 $ 830 $ 1,287
FUND BALANCES, JULY 1 $ 31,295 $ 31,924 $ 32,384 $ 32,650 $ 33,480 FUND BALANCES, JUNE 30 $ 31,924 $ 32,384 $ 32,650 $ 33,480 $ 34,767

Annual Financial Summary
City of Concord 40
STORM DRAIN #90 FUND 437: FY 2023/24 EXPENDITURES
Capital Expenditures
No Capital Expenditures $ - N/A N/A N/A
Subtotal, Capital Expenditure $ -
Other Expenditures
No Other Expenditures $ -
Subtotal, Capital Expenditure $ -
TOTAL EXPENDITURES $ -
No projects associated with this account were completed in the Fiscal year 2023/24.

FY 24

ACCOUNT
EXPEND
TOTAL

PROJECT
COST
APPROX

DATE OF

PROJECT

COMMENC
FY24

EXPEND AS
% OF
TOTAL
COST

IMPROVEMENT NAME

Annual Financial Summary
City of Concord 41
STORM DRAIN #33A FUND 438

REVENUES & EXPENDITURES
FY20 to FY24
FY20 FY21 FY22 FY23 FY24

REVENUE
Fees $ - $ - $ - $ - $ -
Interest 2,674 1,956 1,134 3,526 5,467
Total $ 2,674 $ 1,956 $ 1,134 $ 3,526 $ 5,467

EXPENDITURES
$ - $ - $ - $ - $ -
- - - - -
- - - - -
- - - - -
Total $ - $ - $ - $ - $ -
Rev/over(under) Exp $ 2,674 $ 1,956 $ 1,134 $ 3,526 $ 5,467

OTHER FINANCING SOURCES (USES)
Transfers In $ - $ - $ - $ - $ -
Transfers Out - - - - -
Total $ - $ - $ - $ - $ -
Excess(Deficiency) of
Rev and Other Sources
Over(Under) Exp & Other
Financing Uses $ 2,674 $ 1,956 $ 1,134 $ 3,526 $ 5,467
FUND BALANCES, JULY 1 $ 133,009 $ 135,683 $ 137,639 $ 138,773 $ 142,299 FUND BALANCES, JUNE 30 $ 135,683 $ 137,639 $ 138,773 $ 142,299 $ 147,766

Annual Financial Summary
City of Concord 42
STORM DRAIN #33A FUND 438: FY 2023/24 EXPENDITURES
Capital Expenditures
No Capital Expenditures $ - N/A N/A N/A
Subtotal, Capital Expenditure $ -
Other Expenditures
No Other Expenditures $ -
Subtotal, Capital Expenditure $ -
TOTAL EXPENDITURES $ -
No projects associated with this account were completed in the Fiscal year 2023/24.

FY 24

ACCOUNT
EXPEND
TOTAL

PROJECT
COST
APPROX

DATE OF

PROJECT

COMMENC
FY24

EXPEND AS
% OF
TOTAL
COST

IMPROVEMENT NAME

Annual Financial Summary
City of Concord 43
STORM DRAIN #128 FUND 439

REVENUES & EXPENDITURES
FY20 to FY24
FY20 FY21 FY22 FY23 FY24

REVENUE
Fees $ - $ 510 $ - $ - $ -
Interest $ 378 $ 277 $ 163 $ 128 $ 275
Total $ 378 $ 787 $ 163 $ 128 $ 275

EXPENDITURES
Operational Storm Drain Fees $ - $ - $ - $ - $ -
- - - - -
Total $ - $ - $ - $ - $ -
Rev/over(under) Exp $ 378 $ 787 $ 163 $ 128 $ 275

OTHER FINANCING SOURCES (USES)
Transfers In $ - $ - $ - $ - $ -
Transfers Out - - - - -
Total $ - $ - $ - $ - $ -
Excess(Deficiency) of
Rev and Other Sources
Over(Under) Exp & Other
Financing Uses $ 378 $ 787 $ 163 $ 128 $ 275
FUND BALANCES, JULY 1 $ 3,729 $ 4,107 $ 4,894 $ 5,057 $ 5,185 FUND BALANCES, JUNE 30 $ 4,107 $ 4,894 $ 5,057 $ 5,185 $ 5,460

Annual Financial Summary
City of Concord 44
STORM DRAIN #128 FUND 439: FY 2023/24 EXPENDITURES
Capital Expenditures
No Capital Expenditures $ - N/A N/A N/A
Subtotal, Capital Expenditure $ -
Other Expenditures
No Other Expenditures $ -
Subtotal, Capital Expenditure $ -
TOTAL EXPENDITURES $ -
No projects associated with this account were completed in the Fiscal year 2023/24.

FY 24

ACCOUNT
EXPEND
TOTAL

PROJECT
COST
APPROX

DATE OF

PROJECT

COMMENC
FY24

EXPEND AS
% OF
TOTAL
COST

IMPROVEMENT NAME

Annual Financial Summary
City of Concord 45
STORM DRAIN #33B FUND 440

REVENUES & EXPENDITURES
FY20 to FY24
FY20 FY21 FY22 FY23 FY24

REVENUE
Fees $ - $ - $ - $ - $ -
Interest $ 1,342 $ 982 $ 569 $ 1,422 $ 2,275
Total $ 1,342 $ 982 $ 569 $ 1,422 $ 2,275

EXPENDITURES
Operational Storm Drain Fees $ - $ - $ - $ - $ -
- - - - -
Total $ - $ - $ - $ - $ -
Rev/over(under) Exp $ 1,342 $ 982 $ 569 $ 1,422 $ 2,275

OTHER FINANCING SOURCES (USES)
Transfers In $ - $ - $ - $ - $ -
Transfers Out - - - - -
Total $ - $ - $ - $ - $ -
Excess(Deficiency) of
Rev and Other Sources
Over(Under) Exp & Other
Financing Uses $ 1,342 $ 982 $ 569 $ 1,422 $ 2,275
FUND BALANCES, JULY 1 $ 53,094 $ 54,436 $ 55,418 $ 55,986 $ 57,408 FUND BALANCES, JUNE 30 $ 54,436 $ 55,418 $ 55,986 $ 57,408 $ 59,683

Annual Financial Summary
City of Concord 46
STORM DRAIN #33B FUND 440: FY 2023/24 EXPENDITURES
Capital Expenditures
No Capital Expenditures $ - N/A N/A N/A
Subtotal, Capital Expenditure $ -
Other Expenditures
No Other Expenditures $ -
Subtotal, Capital Expenditure $ -
TOTAL EXPENDITURES $ -
No projects associated with this account were completed in the Fiscal year 2023/24.

FY 24

ACCOUNT
EXPEND
TOTAL

PROJECT
COST
APPROX

DATE OF

PROJECT

COMMENC
FY24

EXPEND AS
% OF
TOTAL
COST

IMPROVEMENT NAME

Annual Financial Summary
City of Concord 47
STORM DRAIN ZONE 23/24 FUND 441

REVENUES & EXPENDITURES
FY20 to FY24
See fund 435
FY20 FY21 FY22 FY23 FY24

REVENUE
Fees $ - $ - $ - $ - $ -
Interest - - - - -
Total $ - $ - $ - $ - $ -

EXPENDITURES
$ - $ - $ - $ - $ -
- - - - -
- - - - -
- - - - -
Total $ - $ - $ - $ - $ -
Rev/over(under) Exp $ - $ - $ - $ - $ -

OTHER FINANCING SOURCES (USES)
Transfers In $ - $ - $ - $ - $ -
Transfers Out - - - - -
Total $ - $ - $ - $ - $ -
Excess(Deficiency) of
Rev and Other Sources
Over(Under) Exp & Other
Financing Uses $ - $ - $ - $ - $ -
FUND BALANCES, JULY 1 $ 0 $ 0 $ 0 $ 0 $ 0
FUND BALANCES, JUNE 30 $ 0 $ 0 $ 0 $ 0 $ 0

Annual Financial Summary
City of Concord 48
STORM DRAIN #23/24 FUND 441: FY 2023/24 EXPENDITURES
Capital Expenditures
No Capital Expenditures $ - N/A N/A N/A
Subtotal, Capital Expenditure $ -
Other Expenditures
No Other Expenditures $ -
Subtotal, Capital Expenditure $ -
TOTAL EXPENDITURES $ -
No projects associated with this account were completed in the Fiscal year 2023/24.

FY 24

ACCOUNT
EXPEND
TOTAL

PROJECT
COST
APPROX

DATE OF

PROJECT

COMMENC
FY24

EXPEND AS
% OF
TOTAL
COST

IMPROVEMENT NAME

Annual Financial Summary
City of Concord 49
Parkland Funds
PARKLAND ZONE A FUND 450

REVENUES & EXPENDITURES
FY20 to FY24
FY20 FY21 FY22 FY23 FY24

REVENUE
Fees $ 2,336,838 $ 640,599 $ 1,066,453 $ 2,756,519 $ 275,437 Interest - - - -
Total $ 2,336,838 $ 640,599 $ 1,066,453 $ 2,756,519 $ 275,437

EXPENDITURES
Ellis Lake Park Playground and
Pathway 2349 $ - $ - $ - $ - $ -
Meadow Homes Park
Playground 2352 - - - - -
Concord Community Pool Deck
Repairs 2388 1,710 212 -
Replace Pump System at 4
Parks - - 109,524
Camp Concord Maint&Repairs
PJ2533 7,771 89,549
WP Pedestrian Crossing
PJ2634 - - - - 120,000
Pool Changing Room PJ2643 6,229 100,011
Shade Structures for Pool
PJ2645 7,928 2,503
Loop Pond Trail Newhall PJ2663 585
Willow Pass Park Fitness 2523 - - 1,990 48,728 84,291
Operating Expense - 6,414 - - -
Total $ 1,710 $ 6,414 $ 111,726 $ 71,241 $ 396,354
Rev/over(under) Exp $ 2,335,128 $ 634,185 $ 954,727 $ 2,685,278 $ (120,917)

Annual Financial Summary
City of Concord 50

OTHER FINANCING SOURCES (USES)
Transfers In (includes General
Fund loan) $ - $ - $ - $ - $ -
Transfers Out (108,557) (206) (282) - (494)
Total $ (108,557) $ (206) $ (282) $ - $ (494)
Excess(Deficiency) of
Rev and Other Sources
Over(Under) Exp & Other
Financing Uses $ 2,226,571 $ 633,979 $ 954,444 $ 2,685,278 $ (121,411) FUND BALANCES, JULY 1 $ 1,010,834 $ 3,237,405 $ 3,871,384 $ 4,825,828 $ 7,511,106 FUND BALANCES, JUNE 30 $ 3,237,405 $ 3,871,384 $ 4,825,828 $ 7,511,106 $ 7,389,695

Annual Financial Summary
City of Concord 51
PARKLAND ZONE A FUND 450: FY 2023/24 EXPENDITURES
Capital Expenditures
Ellis Lake Park Playground
and Pathway PJ2349 $ - N/A Completed N/A
Meadow Homes Park
Playground PJ2352 $ - N/A Completed N/A
Concord Community Pool
Deck Repairs PJ2388 $ - N/A Completed N/A
Replace Pump System at 4
Parks $ - N/A Completed N/A
Camp Concord
Maint&Repairs PJ2533 $ 89,549 $ 434,381 2022 21%
WP Pedestrian Crossing
PJ2634 $ 120,000 $ 245,000 Completed 49%
Pool Changing Room PJ2643 $ 100,011 $ 744,500 2022 13%
Shade Structures for Pool
PJ2645 $ 2,503 $ 220,000 2022 1%
Loop Pond Trail Newhall
PJ2663 $ - $ 110,000 2025 0%
Willow Pass Park Fitness
PJ2523 $ 84,291 $ 397,273 Completed 21%
Subtotal, Capital Expenditure $ 396,354
Other Expenditures
Operating Expense $ - N/A N/A N/A
Subtotal, Capital Expenditure $ -
TOTAL EXPENDITURES $ 396,354
WP Pedestrian Crossing PJ 2634, and Willow Pass Park Fitness PJ 2523 were completed in the Fiscal year 2023/24.

APPROX

DATE OF

PROJECT

COMMENC

IMPROVEMENT NAME
TOTAL

PROJECT
COST
FY 24

ACCOUNT
EXPEND
FY24

EXPEND AS
% OF
TOTAL
COST

Annual Financial Summary
City of Concord 52
Approximate Date of Construction
Interfund Transfers or Loans
In the fiscal year ending June 30, 2024, there were no interfund transfers or loans made from any of the impact fee, capacity fee, or in-lieu fee accounts.

PROJECTS COMMENCED IN
FY 24 (Y/N)

REASON FOR NOT

COMMENCING IF

APPLICABLE

ESTIMATED DATE OF

PROJECT

COMMENCEMENT
Camp Concord Maint & Repairs PJ 2533 N [1] 9/1/2025
Pool Changing Room PJ2643 N [2] 12/1/2025
Shade Structures for Pool PJ 2645 N [2] 12/1/2025
Loop Pond Trail Newhall PJ 2663 N [3] 7/1/2027
Citywide Traffic System 2 PJ2698 N [4] 7/1/2026
Countywide Smart Signal PJ2699 N [4] 7/1/2026
Parks - Deferred Maint Ph 1 PJ2535 N [5] 6/1/2025
Bailey Road Traffic Improvements PJ2049 N [6] N/A
[6] This project is not fully funded. Changes to project scope may be needed due to the Base Reuse Project.
[1] Delayed due to County, and Forrest Management permit approval taking longer than expected, also, additional scope extended the design period.
[2] Construction is delayed due to extended design period. Constuction on hold until December when pool is not used.
[3] Construction is delayed due to a precursor project (Newhall Pond Dredging Project) that needs to completed prior to the start of the Loop Pond Trail Project. [4] New projects added to this report. No delay in these projects. The projects are currently in Design and is scheduled for construction in 2026
[5] Delayed due to staffing challenges; Project is near bidding and will commence this fiscal year

Annual Financial Summary
City of Concord 53
Summary of Refunds
At this time, all fees being collected have been earmarked for current or future capital projects necessary to maintain the current levels of service within existing service areas to serve new development.

Five-Year Report and Findings
City of Concord 54
Five-Year Report and Findings
Inclusionary Housing Fee
• The Inclusionary Housing Fee was established by Ordinance 04-3 in 2004. The fee is intended to be used for housing projects and programs that serve Very Low, Low and/or Moderate-Income Households. This fee allows for new residential developments to contribute to the creation of affordable housing options within the community, either through direct construction of affordable units or by providing financial resources for affordable housing initiatives. All Residential Developments must include the number of Inclusionary Units as required in the ordinance or if eligible, pay the in-lieu fee as provided in the Master Fee Schedule.
• The fees are charged to support affordable housing development, which directly addresses the housing needs created by new market-rate residential projects. The funds are being used to fund the City’s First-Time Homebuyer Program, which is a second mortgage loan program that assists qualified low- and moderate-income households with the purchase of a home. The program was initially funded by Successor Agency funds and now will be funded by Inclusionary Housing Fees. The fees have been used to cover some administrative costs as the funds were built up to cover loan assistance. Typically this program has been able to fund three loans each year. Staff evaluates the income over the previous five years and will make adjustments to the loan program to ensure expenditure of the funds are compliant with AB1600 requirements.

Project Name Estimated Start Date % Funded with
Fee Revenue
Prior Funding
First-Time Home Buyer
Program
Ongoing 100% $280,000
TOTAL $280,000

Five-Year Report and Findings
City of Concord 55
Parking In-lieu Fee
• This Parking In-lieu Fee was established by Ordinance 954 in 1973. The fee is intended to Fund parking improvements in the downtown. Amendments were made in 1977(Ordinance 77-1084) and 2017 (Ordinance 17-6). The purpose of this fee is to provide developers an alternative to constructing required on-site parking spaces. All development projects in the DP and DMX districts must meet requirements for on-site parking and loading as specified in Concord Municipal Code Sections 18.160.050 and

18.160.060. Pursuant to Section18.160.060 B., an applicant for a development project can request the Planning Commission to allow payment of an in-lieu fee instead of providing some or all of the required on-site parking spaces. • The fee is charged to support parking within the Downtown Business District with the purpose of funding off-street parking facilities, mass transit equipment, or transportation system management projects.

Project Name Estimated
Start Date
Total Project
Cost
% Funded
with Fee
Revenue
Prior
Funding
Parking Management Project(1),(2) 7/1/2027 $2,500,000 10% $255,564 TOTAL $2,500,000 10% $255,564
Notes
(1)This Project is currently not identified in the Capital Improvement Plan. (2)Potential other funding sources include Grants.

Traffic Mitigation Fees
• Traffic Mitigation Fees were established by Ordinance 05-5 in July 2005. The fee is intended to fund street system improvements and transportation-related infrastructure to accommodate increased traffic generated by new development. These improvements are needed to mitigate the impacts of expected development in the city, and thereby prevent deterioration in public services.
• The fees are collected from developers to improve transportation elements of our infrastructure. Primarily these funds have been used to provide improvements to traffic

Five-Year Report and Findings
City of Concord 56
signals, signal operations and improvements to lane configurations supporting all modes of travel. Traffic Mitigation Fund monies are programmed as part of the Ten-Year Traffic Improvement Program (TIP), which is the long range planning and funding tool for transportation projects within the combined Fiscal Year 2025 and Fiscal Year 2026 Capital Improvement Budget (CIP). The City intends to use a portion of the unallocated funds for current and future active projects (Attachment 4). Additionally, the City must have adequate funds on hand to leverage and provide matching funds as required when other fund sources become available for OSIP identified transportation projects. A portion of the unallocated fund balance will be used for that purpose. If any fees are not expended within the five-year requirement, projects are programmed that will utilize development fees, thereby complying with AB 1600 requirements.

Project Name
Est.

Start
Date &
%
Funded
by Fee
Prior
Funding
Future Funding
FY2025(
1)
FY2026(
1)
FY2027(
2)
FY2028(
2)
FY2029(
2)
Replace Controllers at
Intersections (2462)(3)
Ongoing
26% $82,100
Traffic Safety & Calming
(2464)(3)
Ongoing
33% $83,100
Citywide Signal Retiming
(2508)(4)
Ongoing
57%
$177,10
0 $100,00
0 $100,00
0 $100,00
0 $100,00
0 $100,00
0 OSIP Update (2541) 7/1/202
4 100%
$240,20
0 $100,00
0 Citywide Traffic System
Upgrade (2493+2698)(5)
Ongoing
10%
$262,20
0 Citywide Traffic
Monitoring (2537)(4)
Ongoing
0%
$100,00
0 $100,00
0 $100,00
0 $100,00
0 $100,00
0 Innovative
Transportation Program
(2573)(6)
Ongoing
0%
$500,00
0 $500,00
0 $500,00
0 $500,00
0 $500,00
0

Five-Year Report and Findings
City of Concord 57
Adaptive Traffic Control
on WPR (2783)(3)
Ongoing
0%
$100,00
0 $100,00
0 TOTAL $844,70
0 $900,00
0 $800,00
0 $700,00
0 $700,00
0 $700,00
0 Notes
(1)FY2024-25 and FY2025-26 project budgets have been approved by Council as part of the TwoYear Capital Budget. (2)Within the Capital Improvement Plan FY2025-2029, OSIP Funds have been earmarked for these projects.
(3)This Ongoing program is also funded with Measure V, and Measure J. (4)This Ongoing program is also funded with Measure J.
(5)This Ongoing program is also funded with Federal/State Grants, Measure J, Gas Tax, and Measure V.
(6)This Ongoing program is also funded with Measure V.

Drainage Acreage Fees
• The collection of developer fees to improve the storm drain system in certain parts of Concord was originally adopted by Ordinance 856 in August of 1971. Development within the City has placed a serious demand upon its existing storm drain facilities. In order to offset these impacts, Drainage Acreage Fees are collected. The fees are intended to provide an equitable manner of apportionment of the cost of future storm drainage facilities due to the development of real property within the City. The fees collected are in proportion to the per acre basis of development and the drainage boundary area which the development is located in.
• These fees are used to fund capital projects consistent with the Storm Drain Master Plan.

Fees that are collected can be used to construct planned drainage facilities within the charged drainage area, maintenance or repair, addressing impervious surface runoff, and flood prevention.

Five-Year Report and Findings
City of Concord 58
Project Name(1) Estimated Start
Date
Total Project
Cost
% Funded with
Fee Revenue Prior Funding
Stormwater Pipe
ReplacementArea 17/1/2029 $150,000 0% $0
Stormwater Pipe
ReplacementArea 927/1/2029 $150,000 0% $0
Stormwater Pipe
ReplacementArea 57/1/2029 $150,000 0% $0
Stormwater Pipe
ReplacementArea 77/1/2029 $150,000 0% $0
Stormwater Pipe
ReplacementArea 227/1/2029 $150,000 0% $0
Stormwater Pipe
ReplacementArea 237/1/2029 $150,000 0% $0
Stormwater Pipe
ReplacementArea 507/1/2029 $150,000 0% $0
Stormwater Pipe
ReplacementArea 907/1/2029 $150,000 0% $0
Stormwater Pipe
ReplacementArea 33A7/1/2029 $150,000 0% $0
Stormwater Pipe
ReplacementArea 1287/1/2029 $150,000 0% $0
Stormwater Pipe
ReplacementArea 33B7/1/2029 $150,000 0% $0

Five-Year Report and Findings
City of Concord 59
Notes
(1)The Stormwater Pipe Replacement Projects listed have been identified in the Capital Improvement Plan as future projects. Funding will be transferred in once fees collected are sufficient to implement the construction.

Staff Report
Date: January 14, 2025
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Mindy Gentry, Director of Community Development Carlton Thompson, PE, City Engineer
Bruce Davis, PE, CIP Manager
Prepared by: Tianjun Cao, PE, Associate Civil Engineer
[email protected]
(925) 671-3243
Subject: Considering the following actions for the Court Lane and Joan Avenue Bicycle Improvements Project:

1. Adoption of a Resolution approving a request to the
Metropolitan Transportation Commission (MTC) by the City of Concord for an allocation of $192,000 of Transportation Development Act Article 3 Pedestrian and Bicycle Project Funding for Fiscal Year 2025-2026to support the Court Lane and Joan Avenue Bicycle Improvements Project; and

2. Authorize the City Manager to accept and appropriate grant funding up to the allocation amount of $192,000 from MTC and execute all necessary documents in a form acceptable to the City Attorney; and

3. Allocate the City’s local match by appropriating funds to the project through budget transfers in the amount of $40,873.53 (Measure J Local and Measure V Funds).

CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(3), 15273, 15378, 15282(j), 15378, 15301, 15302, 15303, 15304, Public Resources Code Section 21065, and/or 21080.19.

4.i

City Council Agenda Report
Agenda Item No. 4.i
January 14, 2025
Report in Brief
On November 5, 2024, Contra Costa County Public Works Department issued a call to local agencies in the county for projects for the FY 2025-2026 Transportation Development Act Article 3 (TDA) grant cycle. TDA funds are available for bicycle and pedestrian projects that eliminate or improve an identified problem area on routes that would otherwise provide relatively safe and direct bicycle or pedestrian travel use. Each agency in Contra Costa County may submit one project for consideration.

At its meeting on December 11, 2024, the City’s Bicycle and Pedestrian Advisory Committee (BPAC) recommended submitting a TDA grant application in the amount of $192,000 to design and construct the Court Lane and Joan Avenue Bicycle Improvements Project (Project), located on the entire lengths of Court Lane and Joan Avenue.

Recommended Action

1. Adopt a Resolution approving a request to Metropolitan Transportation Commission (MTC) by the City of Concord for an allocation of $192,000 of Transportation Development Act Article 3 Pedestrian and Bicycle Project Funding for Fiscal Year 2025-2026 to support the Court Ln and Joan Ave Bicycle Improvements Project; and

2. Authorize the City Manager to accept and appropriate grant funding up to the allocation amount of $192,000 from MTC and execute all necessary document in a form acceptable to City Attorney; and

3. Allocate the City’s local match by appropriating funds to the project through budget transfers in the amount of $40,873.53.

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

Background
The Metropolitan Transportation Commission (MTC) is the agency that administers the TDA grant program. Each year, MTC releases a call for bicycle and pedestrian projects to be funded with TDA grant funds. Eligible projects are described as projects that eliminate or improve an identified problem area (specific safety hazards such as hightraffic narrow roadways or barriers to travel) on routes that would otherwise provide relatively safe and direct bicycle or pedestrian travel use, and projects ready for design and construction. Each agency in Contra Costa County may submit one project for consideration.

On November 5, 2024 a call for projects was issued by Contra Costa County Public Works Department to local agencies for the 2025/2026 TDA cycle in advance of

City Council Agenda Report
Agenda Item No. 4.i
January 14, 2025
solicitation by MTC1. MTC has not yet released the estimated allocation for Contra Costa County for the FY 2025-2026 grant cycle. Last year’s total allocation for Contra Costa County was approximately $1,100,000.

MTC Resolution No. 4108 specifies that each county and city is required to have a Bicycle Advisory Committee to review and prioritize bicycle and pedestrian projects that are applying for TDA Article 3 grant funds, and to participate in the development and review of comprehensive bicycle plans. The City’s BPAC allows the City to meet this grant requirement.

Analysis
The City of Concord Bicycle, Pedestrian & Safe Routes to Transit Plan (Plan), adopted by City Council on September 27, 2016, recommends bicycle improvements on Court Lane and Joan Avenue. City staff has reviewed the recommendations of the Plan and proposes to submit an application to design and construct the Project.

Proposed improvements for the Project include installation of a Class II (bike lane) or Class III (shared roadway) bicycle facility on Court Lane. Input from residents along Court Lane will help determine which bicycle facility will be feasible to move forward with design. The Project will include installation of a Class III (shared roadway) bicycle facility on Joan Avenue.

On December 11, 2024, BPAC recommended in favor of submitting a TDA grant application in the amount of $192,000 to design and construct the Project.

The total estimated project costs for design and construction are $240,000. The City’s application is requesting $192,000 (80% of project costs) be funded by the TDA grant.

The remaining $48,000 (20% of project costs) would be provided as the City’s local match. Staff expects construction to begin late 2026.

Financial Impact
There is an existing project number, 2617, that will be used for the proposed grant funded project. The current name of Project No. 2617 is the Court Ln Bicycle Improvements Project and that project name will be revised to the Court Ln and Joan Ave Bicycle Improvements Project following the Council action for this item. The TDA funds will cover $192,000, with the City matching 20% ($48,000) from local funds, for a total cost of $240,000. There is an existing project budget of $7,126.47 (Fund 407) within Project No. 2617 and will be counted towards the local match. The remaining local match funds have been identified from the following projects, all of which are completed projects that came in under budget:
1 As required by MTC, allocation requests must be submitted as part of a single, countywide claim and the Contra Costa County Public Works Department is coordinating the submittal for all jurisdictions in the County.

City Council Agenda Report
Agenda Item No. 4.i
January 14, 2025
Fund Project
Number
Project Name Budget
Transfer
Amount
475 2239 Central Concord Pedestrian
Improvements
$12,146.20
475 2277 Downtown Concord Bike Ln
Improvements
$2,460.40
475 2356 Parallel Arterials Operational
Improvements
$13,732.66
475 2421 West Concord Bikeways $1,307.10
475 2459 Pavement Rehab – Denkinger Rd $3,051.07
407 2666 Citywide Sidewalk Repair $8,176.10
TOTAL $40,873.53
Environmental Determination
Pursuant to the California Environmental Quality Act (CEQA) of 1970, Public Resources Code Section 21000, et. seq. as amended and implementing State CEQA Guidelines, Title 14, Chapter 3 of the California Environmental Quality Act (collectively “CEQA”), submission of the application for grant does not constitute a “project” within the meaning of Public Resources Code Section 21065, 14 Cal Code Regs. Sections 15060(c), 15273, and 15378, as it will not result in a direct or reasonably foreseeable indirect physical change in the environment and because it involves government funding/fiscal activities. Even if the grant application did constitute a project under CEQA, it would fall within the “common sense” exemption set forth in 14 Cal. Code Regs. 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….”. Further, the grant application is statutorily exempt from CEQA pursuant to Public Resources Code Section 21080.19 and CEQA Guidelines Sections 15282(j) (Restriping of Streets) and categorically exempt pursuant to CEQA Guidelines Sections 15301 (Existing Facilities), 15302 (Replacement and Reconstruction), 15303 (New Construction or Conversion of Small Structures), and/or 15304 (Minor Alterations to Land) because, among other things, it involves minor alterations to existing streets, the creation of traffic striping on existing rights-of-way, and construction and location of limited numbers of new small facilities or structures, all as further detailed in this staff report, the resolution, and attachments hereto. No unusual circumstances are present.

Therefore, the submission of this funding request does not warrant further

City Council Agenda Report
Agenda Item No. 4.i
January 14, 2025
environmental review. This determination reflects the City’s independent judgement and analysis.

Public Contact
The City Council Agenda was posted.

Attachments

1. Location Map

2. Resolution Authorizing the Application for TDA Grant Funds including Exhibit A: Findings
Exhibit B: TDA Article 3 Project Application Form (with attachments)

Attachment 1
Court Lane and Joan Avenue Bicycle Improvements
Location Map

Res No. 25-XX 1

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Approving a Request to the
Metropolitan Transportation Commission by the City
of Concord for an Allocation of $192,000 of
Transportation Development Act Article 3 Pedestrian
and Bicycle Project Funding for Fiscal Year 2025-26.

Resolution No. 25-XX
/
WHEREAS, Article 3 of the Transportation Development Act (TDA), Public Utilities Code (PUC) Section 99200 et seq., authorizes the submission of claims to a regional transportation planning agency for the funding of projects exclusively for the benefit and/or use of pedestrians and bicyclists; and
WHEREAS, the Metropolitan Transportation Commission (MTC), as the regional transportation planning agency for the San Francisco Bay Region, has adopted MTC Resolution No. 4108, entitled “Transportation Development Act, Article 3, Pedestrian and Bicycle Projects,” which delineates procedures and criteria for submission of requests for the allocation of “TDA Article 3” funding; and
WHEREAS, MTC Resolution No. 4108 requires that requests for the allocation of TDA Article 3 funding be submitted as part of a single, countywide coordinated claim from each county in the San Francisco Bay Area.

WHEREAS, the City of Concord desires to submit a request to MTC for the allocation of TDA Article 3 funds to support the project described in Exhibit B to this resolution at the requested or approved amount, which is for the exclusive benefit and/or use of pedestrians and/or bicyclists.

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

Section 1. Pursuant to the California Environmental Quality Act (CEQA) of 1970, Public Resources Code Section 21000, et. seq. as amended and implementing State CEQA Guidelines, Title 14, Chapter 3 of the California Environmental Quality Act (collectively “CEQA”), submission of the application for grant does not constitute a “project” within the meaning of Public Resources Code Attachment 2

Res No. 25-XX 2
Section 21065, 14 Cal Code Regs. Sections 15060(c), 15273, and 15378, as it will not result in a direct or reasonably foreseeable indirect physical change in the environment and because it involves government funding/fiscal activities. Even if the grant application did constitute a project under CEQA, it would fall within the “common sense” exemption set forth in 14 Cal. Code Regs. 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….”. Further, the grant application is statutorily exempt from CEQA pursuant to Public Resources Code Section 21080.19 and CEQA Guidelines Sections 15282(j) (Restriping of Streets) and categorically exempt pursuant to CEQA Guidelines Sections 15301 (Existing Facilities), 15302 (Replacement and Reconstruction), 15303 (New Construction or Conversion of Small Structures), and/or 15304 (Minor Alterations to Land) because, among other things, it involves minor alterations to existing streets, the creation of traffic striping on existing rights-of-way, and construction and location of limited numbers of new small facilities or structures, all as further detailed in this staff report, the resolution, and attachments hereto. No unusual circumstances are present. Therefore, the submission of this funding request does not warrant further environmental review. 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 approval of the resolution.

Section 2. The City of Concord declares it is eligible to request an allocation of TDA Article 3 funds pursuant to Section 99234 of the Public Utilities Code.

Section 3. There is no pending or threatened litigation that might adversely affect the project described in Exhibit B to this resolution, or that might impair the ability of the City of Concord to carry out the project.

Section 4. The project has been reviewed and recommended by the Bicycle and Pedestrian Advisory Committee (BPAC) of City of Concord.

Section 5. The City of Concord attests to the accuracy of and approves the statements in Exhibit A to this resolution.

Section 6. A certified copy of this resolution and its attachments, and any accompanying

Res No. 25-XX 3
supporting materials shall be forwarded to the Contra Costa County Public Works Department for submission to MTC as part of the countywide coordinated TDA Article 3 claim.

Section 7. The City Council hereby authorizes the City Manager and/or her designee to negotiate and execute such other documents related to the request and/or acceptance of the TDA funds subject to City Attorney approval.

Section 8. This resolution shall become effective immediately upon its passage and adoption.

PASSED AND ADOPTED by the City Council of the City of Concord on January 14, 2025, by the following vote:

AYES: Councilmembers -
NOES: Councilmembers -
ABSTAIN: Councilmembers -
ABSENT: Councilmembers -
I HEREBY CERTIFY that the foregoing Resolution No. 25-XX was duly and regularly adopted at a regular meeting of the City Council of the City of Concord on January 14, 2025.

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney
Attachment: Exhibit A - Findings
Exhibit B - TDA Article 3 Project Application Form (with attachments)

November 2022 TDA Article 3 Model Resolution Page 4
Resolution No. 25-XX
Exhibit A
Re: Request to the Metropolitan Transportation Commission for the Allocation of Fiscal Year 2025-2026 Transportation Development Act Article 3 Pedestrian/Bicycle Project Funding Findings

1. That the City of Concord is not legally impeded from submitting a request to the Metropolitan Transportation Commission for the allocation of Transportation Development Act (TDA) Article 3 funds, nor is the City of Concord legally impeded from undertaking the project(s) described in “Attachment B” of this resolution.

2. That the City of Concord has committed adequate staffing resources to complete the project(s) described in Attachment B.

3. A review of the project(s) described in Attachment B has resulted in the consideration of all pertinent matters, including those related to environmental and right-of-way permits and clearances, attendant to the successful completion of the project(s).

4. Issues attendant to securing environmental and right-of-way permits and clearances for the projects described in Attachment B have been reviewed and will be concluded in a manner and on a schedule that will not jeopardize the deadline for the use of the TDA funds being requested.

5. That the project(s) described in Attachment B comply with the requirements of the California Environmental Quality Act (CEQA, Public Resources Code Sections 21000 et seq.).

6. That as portrayed in the budgetary description(s) of the project(s) in Attachment B, the sources of funding other than TDA are assured and adequate for completion of the project(s).

7. That the project(s) described in Attachment B are for capital construction and/or final design and engineering or quick build project; and/or for the maintenance of a Class I bikeway which is closed to motorized traffic and/or Class IV separated bikeway; and/or for the purposes of restriping Class II bicycle lanes; and/or for the development or support of a bicycle safety education program; and/or for the development of a comprehensive bicycle and/or pedestrian facilities plan, and an allocation of TDA Article 3 funding for such a plan has not been received by the City of Concord within the prior five fiscal years.

8. That the project(s) described in Attachment B which are bicycle projects have been included in a detailed bicycle circulation element included in an adopted general plan, or included in an adopted comprehensive bikeway plan (such as outlined in Section 2377 of the California Bikeways Act, Streets and Highways Code section 2370 et seq.) or responds to an immediate community need, such as a quick-build project.

9. That any project described in Attachment B bicycle project meets the mandatory minimum safety design criteria published in the California Highway Design Manual or is in a National Association of City and Transportation Officials (NACTO) guidance or similar best practices document.

10. That the project(s) described in Attachment B will be completed in the allocated time (fiscal year of allocation plus two additional fiscal years).

11. That the City of Concord agrees to maintain, or provide for the maintenance of, the project(s) and facilities described in Attachment B, for the benefit of and use by the public.

November 2022 TDA Article 3 Model Resolution Page 5
Resolution No. 25-XX page 2 of 4
Exhibit B
TDA Article 3 Project Application Form

1. Agency City of Concord

2. Primary Contact Tianjun Cao, Associate Civil Engineer

3. Mailing Address 1950 Parkside Dr, MS/40, Concord, CA 94519

4. Email Address [email protected] 5. Phone Number
925-671-3243

6. Secondary Contact
(in the event
primary is not
available)
Carlton Thompson, City Engineer

7. Mailing address (if
different) N/A☐

8. Email Address [email protected] 9. Phone Number
925-671-3182

10. Send allocation
instructions to (if
different from
above):

11. Project Title Court Ln and Joan Ave Bicycle Improvements Project

12. Amount requested $240,000 13. Fiscal Year of
Claim
25/26

14. Description of Overall Project:

15. Project Scope Proposed for Funding: (Project level environmental, preliminary planning, and ROW are ineligible uses of TDA funds.)
The project proposes to construct bicycle facilities on the entire lengths of Court Lane and Joan Avenue. Court Lane, between Cowell Road and Lime Ridge Open Space, is proposed to construct a Class II bike lane. Joan Avenue, between Babel Lane and Canterbury Drive, is proposed to construct a Class III bikeway.

PS&E and CON

November 2022 TDA Article 3 Model Resolution Page 6

16. Project Location: A map of the project location is attached or a link to a online map of the project location is provided below:

Project Relation to Regional Policies (for information only)

17. Is the project in an Equity Priority Community? Yes☐ No☒

18. Is this project in a Priority Development Area or a Transit-Oriented Community? Yes☐ No☒

19. Project Budget and Schedule
Project Eligibility
A. Has the project been reviewed by the Bicycle and Pedestrian Advisory Committee? Yes☒ No☐ If “YES,” identify the date and provide a copy or link to the agenda. 12/11/2024 If "NO," provide an explanation).

Project Phase TDA 3 Other Funds Total Cost Estimated Completion (month/year)
Bike/Ped Plan
ENV
PA&ED
PS&E $30,960 $7,740 $38,700 7/1/2026
ROW
CON $161,040 $40,260 $201,300 10/1/2026
Total Cost $192,000 $48,000 $240,000

November 2022 TDA Article 3 Model Resolution Page 7
B. Has the project been approved by the claimant's governing body? Yes☒ No☐ If "NO," provide expected date:__________________
C. Has this project previously received TDA Article 3 funding? Yes☐ No☒ (If "YES," provide an explanation on a separate page)
D. For "bikeways," does the project meet Caltrans minimum safety design criteria Yes☒ No☐ pursuant to Chapter 1000 of the California Highway Design Manual? E. 1. Is the project categorically exempt from CEQA, pursuant to CCR Section 15301(c), Yes☒ No☐ Existing Facility?

2. If “NO” above, is the project is exempt from CEQA for another reason? Yes☐ No☐ Cite the basis for the exemption. __________________________ N/A☐ If the project is not exempt, please check “NO,” and provide environmental documentation, as appropriate.

F. Estimated Completion Date of project (month and year): ____November 2026___ G. Have provisions been made by the claimant to maintain the project or facility, or has Yes☒ No☐ the claimant arranged for such maintenance by another agency? (If an agency other than the Claimant is to maintain the facility, please identify below and provide the agreement.

H. Is a Complete Streets Checklist required for this project? Yes☐ No☒ If the amount requested is over $250,000 or if the total project phase or construction phase is over $250,000, a Complete Streets checklist is likely required. Please attach the Complete Streets checklist or record of review, as applicable. More information and the form may be found here: https://mtc.ca.gov/planning/transportation/complete-streets

Benched Correspondence
Agenda Item 4.i
January 14, 2025
From: Barone, Valerie <[email protected]> Sent: Tuesday, January 14, 2025 11:43 AM
To: Robinson, Monique <[email protected]>; Fockler, Joelle <[email protected]>
Cc: McAuley, Wendy <[email protected]>; Ezell, Justin <[email protected]>; Gentry, Mindy <[email protected]> Subject: Item 4.i: Question from Councilmember Hoffmeister This e-mail is being shared with all Councilmembers
Laura H.,
This e-mail will be placed into the record for this item on tonight’s Council agenda.

You asked about the type of bicycle improvement that would be built with this project, as the project description mentions both Class II and Class III as possibilities for Court Lane, and says it hasn’t yet been determined. You also asked for more information on the overall project cost estimate.

Here is additional information from staff based on your question:

The project is still in the grant application phase and therefore designs have not been completed.

Assuming grant funding is successfully secured, design decisions will be made during the design phase and will be influenced by field conditions and feedback from residents along Court Ln. The cost ($240,000) reflected in the staff report includes every phase of the project, which would be design, construction management, and construction.

Valerie
Valerie Barone, City Manager (she/her/hers)
City of Concord | Website: www.cityofconcord.org
( (925) 671-3150 | * [email protected]
1950 Parkside Drive, MS/01, Concord, CA 94519
Subscribe to our City News e-newsletter to stay informed about what's happening in your community!

From: Jamee Longacre <[email protected]>
Sent: Tuesday, January 14, 2025 3:02 PM
To: City Clerk <[email protected]>
Cc: Jamee Longacre <[email protected]>
Subject: Public Comment - January 14, 2025 City Council Meeting - Court/Joan Bike Lane Improvements
“EXTERNAL EMAIL: This email originated from outside of the City of Concord. Do not follow guidance, click links, or open attachments unless you recognize the sender and know the content is safe.”
Good evening Concord City Council -
I am writing in enthusiastic favor for Item 4i on tonight's Consent Calendar.

Trying to ride a bike along Joan Avenue is absolutely harrowing... let alone trying to walk, stroll with the dogs, or go for a jog.

There's hardly any sidewalks for pedestrians, and the limited gravel areas in front of homes still puts people in harms way of traffic.

I hope that the whole Council approves this consent item with no issues! -Jamee Longacre
Concord Resident and Voter
Benched Correspondence
Received After 3:00 p.m. on January 14, 2025
Agenda Item No. 4.i
January 14, 2025

Staff Report
Date: January 14, 2025
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Jasmin Loi, Director of Human Resources
Prepared by: James E. Peavey, Human Resources Manager
[email protected]
(925) 671-3397
Subject: Considering adoption of a Resolution approving an exception to the 180-day waiting period to hire a CalPERS retiree in accordance with Government Code Sections 7522.56 and
21224.

CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, California Code of Regulations Title 14 Sections 15061(b), 15273 and/or 15378.

Report in Brief
Karan Reid (“Reid”) retired from the City of Concord (“City”) in the position of Director of Finance, effective December 21, 2024. The City desires to hire Ms. Reid as an at-will retired annuitant limited duration extra help employee, effective January 21, 2025.

Per Government Code Section 7522.56, before a California Public Employees’ Retirement System (“CalPERS”) retiree begins work for a CalPERS contracted employer, the individual must wait 180 days after the individual’s retirement date, unless—before the individual begins work—the CalPERS contracted employer certifies the nature of the appointment and the employment is necessary to fill a critically needed position sooner than 180 days. Government Code Section 7522.56 also requires the appointment be approved by the CalPERS employer’s governing body, in a public meeting, and must be approved as an action item, rather than on a consent calendar.

Ms. Reid is being hired to serve as the limited duration Enterprise Resource Program (ERP) Implementation project lead for the City. This is a critical function that Ms. Reid is

5.a

City Council Agenda Report
Agenda Item No. 5.a
January 14, 2025
well suited to filling for the City and time is of the essence for onboarding her as the project is active. This Resolution is necessary for compliance with CalPERS’ regulations.

Recommended Action
Adopt a resolution approving an exception to the 180-day waiting period to hire a CalPERS retiree in accordance with Government Code Sections 7522.56 and 21224.

Background
Ms. Reid retired from the City in the position of Director of Finance, effective December 21, 2024. The City desires to hire Ms. Reid as an at-will retired annuitant limited duration extra help employee; specifically, as a Limited Service Professional, to lead the implementation of the City’s new enterprise resource planning software system project, effective January 21, 2025. The City will pay Ms. Reid an hourly rate of $94.03. State law requires any person, who is receiving a pension benefit from a public retirement system, commence any post-retirement employment in the same public retirement system no earlier than 180 days after the person’s retirement date, unless the governing body adopts a resolution approving an exception.

Analysis
Successful and timely completion of the enterprise resource planning software system implementation is critical for the City. The ERP system is critical backbone software supporting the operations of the City.

It is essential that a knowledgeable person leads this project implementation. Ms. Reid has 33 years of public sector finance experience—the last 11 years as the City’s Finance Director—and has the knowledge and skills needed for this role. The Council authorized approval of all related ERP project costs and contracts in early December.

Time is of the essence for this project; waiting the standard 180 days for Ms. Reid to begin in the critical role of project lead for our ERP implementation project is suboptimal. It is imperative that the project lead be onboarded as soon as possible as the project is already active.

Per Government Code Section 21224, Ms. Reid’s Limited Service Professional position is allowed, subject to the following CalPERS requirements:1 • Benefits: Ms. Reid will not receive any benefit, incentive, compensation in lieu of benefits, or other form of compensation in addition to the hourly rate of pay, 1 Ms. Reid does not need CalPERS' approval to work as a retired annuitant. However, she and the City have equal responsibility to ensure her potential employment is lawful by meeting all of the requirements outlined in Employment After Retirement (PUB 33), which is found at https://www.calpers.ca.gov/docs/forms-publications/employment-after-retirement.pdf. The requirements are based on PERL and federal tax law. If she works in violation of these laws, CalPERS must terminate her retirement and collect all of the retirement allowance paid to her during the period of her unlawful employment. The City recommends she contact CalPERS regarding her individual circumstances before she agrees to an at-will retired annuitant limited duration extra help position. She can reach CalPERS by telephone at (888) 225-7377 or TTY at (877) 249-7442 (Monday through Friday, 8 a.m. through 5 p.m.).

City Council Agenda Report
Agenda Item No. 5.a
January 14, 2025
including, yet not limited to, sick leave, vacation leave, and/or other allowances.2 The rate of pay for Ms. Reid’s appointment cannot be less than the minimum, nor exceed the maximum, monthly salary paid to other employees performing comparable duties.
• 960 Hour Limit: The hours Ms. Reid works cannot exceed 960 hours in a fiscal year (i.e., July 1 through June 30) for employment with all CalPERS contracted employers combined.
• A CalPERS retiree cannot begin employment with a CalPERS contracted employer until they have met certain time-based thresholds, unless a qualifying exemption applies.3
• Unemployment Insurance Payments: State law prohibits appointment of a retired annuitant by a CalPERS contracted employer if, during the 12-month period prior to appointment, he/she received unemployment insurance compensation for prior retired annuitant employment with any CalPERS contracted employer. State law also requires a retired annuitant must certify in writing that he/she complies with this requirement.

Financial Impact
There is no additional fiscal impact associated with this action as necessary funding was budgeted and approved in the Information Technology Department’s Replacement Budget to support the ERP program implementation.

Environmental Determination
None of the actions herein constitute a project within the meaning of Public Resources Code Section 21065, 14 Cal. Code Regs. Sections 15060(c), 15060(c)(3) and/or 15378 as none of the activities has the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment; even if any activity were a project under CEQA, each is exempt under 14 Cal. Code Regs. Sections 15061(b)(2), 15061 (b)(3), 15273 and/or 15378(b)(4).

Public Contact
The City Council Agenda was posted.

Attachments

1. Resolution approving an exception to the 180-day waiting period to hire a CalPERS retiree in accordance with Government Code Sections 7522.56 and 21224.

Exhibit A: Employment Agreement/Contract/Appointment Document 2 The only exception would be if she is reimbursed dollar for dollar for job-related expenses (e.g., mileage reimbursement, etc.). 3 For details, see Employment After Retirement (PUB 33), which is found at https://www.calpers.ca.gov/docs/formspublications/employment-after-retirement.pdf.

Res. No. xx-xx 1

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
Resolution Approving Exception to the 180 day
Waiting Period to Hire a California Public
Employees’ Retirement System Retiree in Accordance
with Government Code Sections 7522.56 and 21224.

Resolution No. 25-XX
/
WHEREAS, in compliance with Government Code Section 7522.56 of the Public Employees’ Retirement Law, the City of Concord must provide California Public Employees’ Retirement System this certification resolution when hiring a retiree before 180 days has passed since their retirement date; and
WHEREAS, Karan Reid retired from the City of Concord in the position of Director of Finance, effective December 21, 2024; and
WHEREAS, Government Code Section 7522.56 requires that post-retirement employment commence no earlier than 180 days after the retirement date, which is June 19, 2025, without this certification resolution; and
WHEREAS, Government Code Section 7522.56 provides that this exception to the 180 day wait period shall not apply if the retiree accepts any retirement-related incentive; and WHEREAS, the City of Concord and Karan Reid certify that Karan Reid has not and will not receive a Golden Handshake or any other retirement-related incentive; and WHEREAS, the City of Concord hereby appoints Karan Reid as an extra help retired annuitant to perform the duties of the Limited Service Professional for the City of Concord under Government Code Section 21224 effective January 21, 2025; and WHEREAS, the entire employment agreement, contract or appointment document between Karan Reid and the City of Concord has been reviewed by this body and found in Exhibit A; and WHEREAS, no matters, issues, terms or conditions related to this employment and appointment have been or will be placed on a consent calendar; and Attachment 1

Res. No. xx-xx 2
WHEREAS, the employment shall be limited to 960 hours per fiscal year for all California Public Employees’ Retirement System contracted employers; and WHEREAS, the compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties, divided by 173.333 to equal the hourly rate; and
WHEREAS, the compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties, divided by 173.333 to equal the hourly rate; and
WHEREAS, the maximum monthly base salary for this position is $28,057 and the hourly equivalent is $161.87, and the minimum monthly base salary for this position is $33,280 and the hourly equivalent is $16; and
WHEREAS, the hourly rate paid to Karan Reid will be $ 94.03; and WHEREAS, Karan Reid has not and will not receive any other benefit, incentive, compensation in lieu of benefit or other form of compensation in addition to this hourly pay rate; and

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

Section 1. Hereby certifies the nature of the appointment of Karan Reid as described herein and detailed in the attached employment agreement/contract/appointment document and that this appointment is necessary to fill the critically needed position of Limited Service Professional for the City of Concord by January 21, 2025, as found in Exhibit A.

Section 2. This resolution shall become effective immediately upon its passage and adoption.

PASSED AND ADOPTED by the City Council of the City of Concord on January 14, 2025, by the following vote:

AYES: Councilmembers -
NOES: Councilmembers -
ABSTAIN: Councilmembers -
ABSENT: Councilmembers -

Res. No. xx-xx 3
I HEREBY CERTIFY that the foregoing Resolution No. 25-XX was duly and regularly adopted at a regular meeting of the City Council of the City of Concord on January 14, 2025.

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney
Exhibit A: Employment Agreement/Contract/Appointment Document

January 15, 2025
Karan Reid
594 Via Appia
Walnut Creek, CA 94598
Offer Of At-Will Retired Annuitant Limited Duration Extra Help Position Dear Karan:

On behalf of the City of Concord (“City”), it is my pleasure to offer you an at-will retired annuitant limited duration extra help position as a Limited Service Professional. You will start work on January 21, 2025.

As discussed, this position offers an hourly rate of $94.03.

While your workload may last more than one fiscal year, your employment will terminate when the limited duration work you are hired to perform is complete. As an at-will employee, either you or the City may terminate your employment at any time, with or without cause, or prior notice. The position is subject to the following California Public Employees’ Retirement System (“CalPERS”) requirements:1 • Benefits: You will not receive any benefit, incentive, compensation in lieu of benefits, or other form of compensation in addition to the hourly rate of pay, including, yet not limited to, sick leave, vacation leave, and/or other allowances.2 The rate of pay for your appointment cannot be less than the minimum, nor exceed the maximum, monthly salary paid to other employees performing comparable duties.
• 960 Hour Limit: The hours you work cannot exceed 960 hours in a fiscal year (July 1 through June 30) for employment with all CalPERS contracted employers combined. • A CalPERS retiree cannot begin employment with a CalPERS contracted employer until they have met certain time-based thresholds, unless a qualifying exemption applies (see the CalPERS publication Employment After Retirement PUB 33 for more details). • Unemployment Insurance Payments: State law prohibits appointment of a retired annuitant by a CalPERS contracted employer if, during the 12 month period prior to appointment, he/she received unemployment insurance compensation for prior retired annuitant employment with 1 You do not need CalPERS' approval to work as a retired annuitant. However, you and the City have equal responsibility to ensure your potential employment is lawful by meeting all of the requirements outlined in Employment After Retirement (PUB 33), which is found at https://www.calpers.ca.gov/docs/forms-publications/employment-after-retirement.pdf. The requirements are based on California Public Employee Retirement Law (“PERL”) and federal tax law. If you work in violation of these laws, CalPERS must terminate your retirement and collect all of the retirement allowance paid to you during the period of your unlawful employment. The City recommends you contact CalPERS regarding your individual circumstances before you agree to an at-will retired annuitant limited duration extra help position. You can reach CalPERS by telephone at (888) 225-7377 or TTY at (877) 249-7442 (Monday through Friday, 8 a.m. through 5 p.m.). 2 The only exception would be if you are reimbursed dollar for dollar for job-related expenses (e.g., mileage reimbursement, etc.).

Exhibit A

any CalPERS contracted employer. State law also requires a retired annuitant must certify in writing that he/she complies with this requirement.

Karan, if you agree with this offer of an at-will retired annuitant limited duration extra help position, dated January 15, 2025, sign and date below, and return a copy of the signed and dated letter to me as soon as possible, yet no later than one workday before your start work date.

Sincerely,
Justin Ezell
Assistant City Manager
cc: Human Resources Department
Finance Department - Payroll
By my below signature, I, Karan Reid:
(1) Accept the offer of employment as set forth in this letter; (2) Acknowledge I do not need CalPERS' approval to work as a retired annuitant; however, I and the City have equal responsibility to ensure my potential employment is lawful by meeting all of the requirements outlined in Employment After Retirement (PUB 33), which is found at https://www.calpers.ca.gov/docs/forms-publications/employmentafter-retirement.pdf, which are based on California Public Employee Retirement Law (“PERL”) and federal tax law;
(3) Acknowledge that if I work in violation of these laws, CalPERS must terminate my retirement and collect all of the retirement allowance paid to me during the period of my unlawful employment;
(4) Acknowledge the City recommends I contact CalPERS regarding my individual circumstances before I agree to an at-will retired annuitant limited duration extra help position and that I can reach CalPERS by telephone at (888) 225-7377 or TTY at (877) 249-7442 (Monday through Friday, 8 a.m. through 5 p.m.); and (5) Certify I have not received unemployment insurance payments for prior retired annuitant work for any CalPERS contracted employer within 12 months prior to my appointment date:

Print name Signature Date

Staff Report
Date: January 14, 2025
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Guy Bjerke, Director of Economic Development and Base Reuse Prepared by: Marie Suvansin, Economic Development Manager [email protected]
(925) 671-3048
Subject: Considering terms and expectations for the Request for Proposal (RFP) to restart Town Center II Disposition
CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Section 15060(c)(2), 15061(b)(3), 15262, and/or 15378.

Report in Brief
The Town Center II Property is subject to California’s Surplus Lands Act (SLA). The site is an approximately 3-acre parcel at 1765 Galindo Street (APN: 126-143-012). As a first step in disposing of the property in accordance with the SLA, the City released a Notice of Availability in January of 2023. Negotiations with the six respondents, each proposing a 100% affordable housing project, ended on June 28, 2024, when the City of Concord formally ended negotiations with all developers who responded. The reasons for ending negotiations were the inability of developers to pay the appraised value of $4.99 million in one sum at closing, and/or limited experience obtaining the Low-Income Housing Tax Credits (LIHTC) funding necessary for affordable housing development.

To restart the disposal of Town Center II and support a successful outcome, City Council is asked to provide direction on key terms or expectations that staff will write into a Request for Proposals (RFP). This report provides a list of expectations for Council to consider related to the selection of a developer to purchase and develop the Town Center II parcel.

5.b

City Council Agenda Report
Agenda Item No. 5.b
January 14, 2025
Recommended Action
Review and determine the terms or expectations that staff will include in the Request for Proposal (RFP) for Town Center II.

Background
Notice of Availability and Start of Negotiations
Following the Surplus Land Act (Updated by AB 1486), the City of Concord issued a Notice of Availability (NOA) on November 2, 2022, for the disposition and development of Town Center II into affordable housing.

The City received responses from the following six developer teams by the January 17, 2023 NOA deadline:

1. EAH

2. Eden Housing and Laing Companies

3. Impact and The Unity Council

4. Meta Housing

5. Novin Development and Christian Church Homes

6. USA Properties
Following direction from the California Department of Housing and Community Development, staff entered negotiations with all six developer teams, all of which provided a proposal for 100 percent affordable housing. Negotiations over the next year-and-a-half included developer questionnaires, Zoom interviews, and enlisting Economic & Planning Systems as a housing consultant to evaluate the feasibility of proposals.

Reasons Developers Withdrew
Three developers withdrew from negotiations expressing concerns over obtaining financing, which for some included a desire for local subsidy and uncertainty about whether, were the City Council to require a Project Labor Agreement (PLA), the project would continue to “pencil”:

1. Meta Housing (Withdrew October 3, 2023)

2. EAH (Withdrew April 5, 2024)

3. USA Properties (Withdrew April 24, 2024)
Ending Negotiations
On June 28, 2024, the City formally ended negotiations with the three remaining developer teams, based on inability to pay the appraised value of $4.99 million in one

City Council Agenda Report
Agenda Item No. 5.b
January 14, 2025
sum at closing, and/or limited experience obtaining LIHTC funding compared to other interested developers.

SLA Process After Ending Negotiations
Because the NOA did not result in an agreement, the City may dispose of the property outside of the SLA process, such as through an RFP. Although housing is not a requirement at this step, if the RFP results in a housing project with more than ten units, then 15 percent of the housing units must be affordable housing.

Property Zoning
The Town Center II property is in the Downtown Mixed Use (DMX) zoning district. The DMX zone supports a cohesive mix of high density residential, commercial, office, and mixed uses, including hotels with a minimum FAR of 1.0 up to 6.0, and residential densities of 33 to 100 units per acre. The property is also eligible for a by-right density bonus of 25 percent because it is in a Transit Station Overlay District. Mixed-use buildings are encouraged to include retail at the ground level and office and/or multifamily residential on upper floors. The DMX zone aligns with the Downtown MixedUse (DTMU) land use designation of the General Plan.

City of Concord’s Vision for Town Center II
Council may take into consideration the existing DMX zoning and the City of Concord’s previously stated visions for Town Center II:
• The 2023-2031 Housing Element identifies Town Center II in the sites inventory to accommodate the development of 309 lower-income units. • The 2014 Downtown Specific Plan supports developing Town Center II into 242,474 square feet of either residential, hotel, or combined uses, plus 11,309 square feet of retail.
• The 2014 Long Range Property Management Plan (LRPMP) of the former Redevelopment Agency suggests developing Town Center II into residential, hotel, commercial, or combined uses as appropriate given its proximity within one-quarter mile of the Downtown Concord BART Station.

Analysis
To restart the disposal of Town Center II and support a successful outcome, staff asks that City Council provide direction on key terms or expectations to include in the RFP.

There are three main topic areas staff is hoping to receive clear direction from Council on so the information can be included in the RFP. The three topics are requirements around a Project Labor Agreement (PLA), price and terms of payment for the property, and desired land use. Under each topic, staff identifies reasons for raising the topic and options for Council consideration.

City Council Agenda Report
Agenda Item No. 5.b
January 14, 2025
Topics for Feedback

1. Project Labor Agreement: Developers will benefit from clarity on the possible inclusion of a PLA requirement in any final deal terms for the sale of the property because it impacts which developers will be interested in responding to the RFP and possibly what uses they propose.

Questions for Feedback
a. Prospective developers are OR are not required to negotiate a PLA with the Contra Costa Building & Construction Trades Council (or identify specific organizations)?1
b. Prospective developers must negotiate a PLA before submission OR after being selected?
c. Prospective developers must openly discuss the terms of the PLA with City Council OR must provide a summary of the scope and financial impact?
d. Does the answer to any of the above questions change depending upon the type of land use proposed?

2. Price and Terms and Payment for the Property: Understanding the Council’s desires around price will enable developers to think through their project proposals. The appraised value of Town Center II in 2022, at the time of NOA issuance, was $4.99 million. According to a retrospective appraisal, the appraised value when the Redevelopment Agency dissolved in 2011 was $2.25 million. This number is relevant because it represents the land value that must be remitted to taxing agencies, due to the land’s status as a former Redevelopment Agency parcel. After taxing obligations are met, an estimated $200,000 of the 2011 land value will flow to the City as its share of this land value. The City will also receive the difference between the 2022 and 2011 appraised land values, which is $2.65 million. After subtracting closing costs, the final total that the City is estimated to receive from the land sale is $2.5 million.

This amount would be available as one-time funding for Council to allocate in a manner consistent with the City’s fiscal stability ordinance. Possible uses could be to support the City’s affordable housing fund, to invest in unfunded infrastructure or roadway needs, or unfunded personnel obligations. An additional option available to Council would be to put all, or a portion of, this funding into the project to support the development of affordable housing on the site.
1 Prospective developers have expressed to staff that requiring a PLA is likely to increase the cost of development by up to 20 percent.

City Council Agenda Report
Agenda Item No. 5.b
January 14, 2025
Question for Feedback
a. Must prospective developers pay the appraised value of $4.99 million in one sum at closing OR would the City allow a different approach, such as paying in multiple installments throughout construction, or paying less than the appraised value and using the difference as a local subsidy from the City to support affordable housing?

3. Desired Land Use: As required by the Surplus Land Act, the recently ended negotiation process was specifically for affordable housing. Because the NOA did not result in selection of a developer, the City has the option of issuing an RFP that is open to other uses, such as market-rate housing, commercial, hotel, or some combination of the above. Allowing the RFP to solicit proposals for any use allowable in the Downtown Mixed Use zone could result in a project less reliant on public subsidy. It is important to note however, that should the City not develop 309 lower-income housing units on the site, the City will need to identify and rezone a replacement location for these units within 180-days. This is a short time, so if this is the direction Council anticipates proceeding, staff will begin doing preliminary work to look at options so they can be considered by Council concurrently with (or close to it) approving land uses and sale of this property.

Questions for Feedback
a. Does Council want to allow prospective developers to propose their best uses, regardless of the number of dwelling units, understanding that any proposal resulting in fewer than 309 lower-income units or at a different level of affordability would require written findings that sufficient sites remain to meet the City’s Regional Housing Needs Allocation (RHNA), OR if remaining sites are insufficient to meet RHNA, then the City would be required to identify, and rezone additional site(s) to provide replacement capacity within 180 days of approving a project?
b. Does Council want to set the expectation that the project needs to incorporate 309 lower-income housing units while allowing for the possibility of other uses as well?
c. Is there an alternative use that Council desires to state as most desirable? Next Steps
Staff will incorporate City Council’s direction on the PLA, price and terms for payment of the property, and desired land use into the RFP for disposition of Town Center II. Staff will issue the RFP in the first quarter of 2025 and allow developers ninety (90) days to respond. After completing a first review for compliance with the RFP requirements, in June 2025, staff will bring all qualified developers to City Council for interview and selection.

City Council Agenda Report
Agenda Item No. 5.b
January 14, 2025
Environmental Determination
This activity 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, 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 exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. Individual projects will undergo CEQA analysis as necessary.

Financial Impact
There is no financial impact with issuing an RFP other than staff time.

Attachment

1. Map of Town Center II

Map of Town Center II
3 acres
Parcel Exhibit 126-143-012, 1765 Galindo Street
Renaissance Square Apartments
313 Units
Park Central Apartments
240 Units
Attachment 1

Benched Correspondence
Agenda Item 5.b
January 14, 2025
From: [email protected] <[email protected]> Sent: Monday, January 13, 2025 7:17 AM
To: Concord City Council Email <[email protected]>; Aliano, Dominic <[email protected]>; Hoffmeister, Laura <[email protected]>; Obringer, Carlyn <[email protected]>; Nakamura, Laura <[email protected]>; Benavente, Pablo <[email protected]> Cc: Barone, Valerie <[email protected]>; Brown, Susanne <[email protected]>; bldgpermits <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>
Subject: Your latest union PLA failure: Never ending failure. “EXTERNAL EMAIL: This email originated from outside of the City of Concord. Do not follow guidance, click links, or open attachments unless you recognize the sender and know the content is safe.”
Councilmembers,
Here’s your latest union Project Labor Agreement failure.

If you place these discriminatory PLAs on enough projects you can guarantee that nothing will get built in your city.

Aces.

Stop with the canine affection for big labor special interests and start representing your citizens.

Concord City Council - PLA Failure - Consider Terms and Conditions of RFP for Restart of Town Center II, Including Project Labor Agreement
https://stream.ci.concord.ca.us/OnBaseAgendaOnline/Meetings/ViewMeeting?id=1183&doctype= 1# Item 5b
https://stream.ci.concord.ca.us/OnBaseAgendaOnline/Documents/ViewDocument/Agenda Staff Report for - CONSIDERING TERMS AND EXPECTATIONS FOR RESTART OF .pdf?meetingId=1183&documentType=Agenda&itemId=20718&publishId=30163&isSection=false2 024-01-14 Concord City Council - Town Center II
Includes evidence of how PLA discouraged developers in the last effort:

Reasons Developers Withdrew
Three developers withdrew from negotiations expressing concerns over obtaining financing, which for some included a desire for local subsidy and uncertainty about whether, were the City Council to require a Project Labor Agreement (PLA), the project would continue to “pencil”:

1. Meta Housing (Withdrew October 3, 2023)

2. EAH (Withdrew April 5, 2024)

3. USA Properties (Withdrew April 24, 2024)
also
Concord City Council Considers PLA Mandate on Renovation of Victory Village and Redevelopment of Quinault Village

https://stream.ci.concord.ca.us/OnBaseAgendaOnline/Meetings/ViewMeeting?id=1183&doctype= 1# Item 5c
From: [email protected] <[email protected]> Sent: Monday, May 13, 2024 4:19 PM
To: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected] Cc: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]
Subject: The union grift just never ends with you people. The welfare for these looters is something to behold.

Taxpayers giving a little extra for union dues and fees under the PLA.

See page 6 of attachment.
https://stream.ci.concord.ca.us/OnBaseAgendaOnline/Meetings/ViewMeeting?id=1129&doctype= 1 Item 4c
From: [email protected] <[email protected]> Sent: Tuesday, January 31, 2023 12:49 PM
To: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected] Cc: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]
Subject: The latest debacle your union-only Project Labor Agreement (PLA) on the CNWS has caused.

Importance: High

Concord City Councilmembers:

You continue to garner embarrassing headlines regarding the CNWS. The one constant of course in all of this is the discriminatory and wasteful PLA. I would suggest a change in course thereby allowing all of your local construction workers to work on it but I understand that would upset the Big Labor special interests who elect you.

Happy New Year.
https://www.bizjournals.com/sanfrancisco/news/2023/01/30/concord-naval-weapons-stationnext-steps.html Eric Christen
Executive Director
Coalition for Fair Employment in Construction
www.opencompca.com

From: Emma Saeyang <[email protected]>
Sent: Tuesday, January 14, 2025 2:45 PM
To: City Clerk <[email protected]>
Subject: Public Pomment
“EXTERNAL EMAIL: This email originated from outside of the City of Concord. Do not follow guidance, click links, or open attachments unless you recognize the sender and know the content is safe.”
Hello City Council. I am a Concord resident and I support the city divesting from corporations that aid Israel in the genocide of Palestinians in Gaza. Please pass a new policy to divest from Israel.

January 14, 2025
Re: Terms and expectations for RFP to restart Town Center II Disposition – Item 5b Dear Members of the Concord City Council,
East Bay Housing Organizations (EBHO) is glad to see the City of Concord moving forward once again with the disposition of the Town Center II. As a longtime proponent of using public land for public good, and as a cosponsor on several state bills strengthening the Surplus Lands Act (SLA), EBHO and our members have a strong interest in ensuring that the City continues to follow the disposition procedures and affordability protocols in the SLA.

With six developer teams proposing 100% affordable housing projects, it is disappointing that the City failed to come to an agreement with any of the interested developer teams. We have several concerns regarding the process and next steps outlined, as the City moves forward with restarting the disposal of Town Center II. First, with half of the affordable developer teams withdrawing from the process, we are concerned that the requirements in the January 2023 Notice of Availability (NOA) were overly strict. Moreover, the City’s consideration and rationale for formally ending negotiations with the remaining developer teams based upon their inability to pay the appraised value of $4.99 million in one sum and limited experience obtaining LIHTC funding is alarming, considering that staff now seek direction to modify, and perhaps loosen these requirements at the direction of the City Council. The key expectations and terms around a Project Labor Agreement (PLA), price, and payment for the property should have been resolved before the first step in disposing of the property in accordance with the SLA, when affordable housing developers were made aware of the opportunity through the NOA.

Based on the State's review of SLA actions in other cities, it is our understanding that where a local agency has entered into negotiations with affordable housing developers in response to a Notice of Availability that included certain conditions but failed to reach agreements, in order to preserve the integrity of the SLA process the same conditions would need to be imposed on any subsequent disposition of the land. This would include the sales price, the timing of payments, and requirements for a PLA.

We call attention to Government Code section 54226, which states that a locality may sell or lease surplus land below fair market value. The City of Concord had an opportunity to discount the sale price to a local mission-driven affordable housing provider, and as mentioned in the staff report, use the difference as a local subsidy from the City to support affordable housing. As also mentioned on page 3, we want to stress to the City that the SLA mandates that the City must

attach recorded covenants to the land that require at least 15 percent of any housing units developed on the site to be affordable to lower-income households for 55 years.

Using public land for public good, in compliance with the SLA, is a key tool to make Concord a place where families of all incomes can continue to call home from one generation to the next.

We look forward to continuing to work with you to realize this vision and promise.

Sincerely,
Megan Nguyen
Policy Manager
East Bay Housing Organizations

Restarting Disposition of
Town Center II

MARIE SUVANSIN, ECONOMIC DEVELOPMENT MANAGER
JANUARY 14, 2025
1

Town
Center II
2

Town
Center II
3

Town Center II History & Timeline
4 January 2014 Long-Range Property Management Plan (LRPMP) designated Town Center II as inventory for disposal and development
April 2019 City Council rejected Disposition and Development Agreement (DDA) with AvalonBay
January 2020 AB1486 (Surplus Land Act) requires affordable housing April 2022 Town Center II declared surplus
November 2022 Notice of Availability (NOA) issued
January 2023 Received six (6) responses for 100% affordable housing Negotiations began with all developers
June 2024 Negotiations ended without deal

Summary of Negotiations
(January 17, 2023-June 28, 2024)
5 Began negotiations with all
six (6) developer teams.

Set term for appraised
value of $4.99 million in
one sum at closing.

Three (3) developer teams
withdrew due to financing
concerns.

Ended negotiations with
remaining three (3) due to
inability to meet terms or
lack of demonstrated
ability to obtain financing.

AB 1486: Surplus Land Act (SLA)
➢Requires good faith negotiations with respondents
proposing affordable housing
➢City has concluded negotiations with affordable housing respondents without result
➢Now City may restart the disposal process with a Request for Proposals (RFP) open to all and any interested parties ➢Under the SLA, any new proposal with 10 dwelling units must include 15% affordable component
6

Recommended Actions
Provide direction under three categories, to be incorporated into an RFP to be issued Q1 2025:

1. Project Labor Agreement

2. Price and Terms of Payment for Property

3. Desired Land Use
7

1. Project Labor Agreement (PLA) Options
a. Developers are OR are not required to negotiate a PLA? With which organizations?
b. Developers must negotiate a PLA before submission OR after selection?
c. Developers must provide the PLA publicly OR provide a summary of the PLA?
d. Does any of the above change depending upon the land use proposed?
8

2. Price and Payment Options
a. Developers must pay the appraised value ($4.99 million) in one sum at closing OR through multiple installments?
b. Developers may receive a local subsidy for affordable housing? ➢2011 appraised value ($2.25 million) subject to taxing obligations 9

City’s Vision for Town Center II
10 2023-2031 Housing
Element
• 309 lower-income
units
2014 Downtown
Specific Plan
• 242,474 square feet
of residential or
hospitality use, with
11,309 square feet
of retail
2014 LRPMP from
Redevelopment
Authority Dissolution
• Residential, hotel,
commercial, or
combined uses
• Emphasis on
quarter-mile
proximity to
Downtown Concord
BART

3. Land Use Options

3. Options to Consider for Use
a. Developers may propose their best uses, regardless of the number of dwelling units, understanding that staff would need to identify other sites to meet the Housing Element requirement? b. Developers must build 309 lower-income units, with or without other uses combined?
c. Is there an alternative use that Council sees as desirable? 11

Next Steps
➢RFP to be issued Q1
➢Ninety (90) days for developers to respond
➢Initial review by staff for compliance with RFP
➢Qualified developers to present to City Council in June for consideration and selection
➢Following selection, City to negotiate development
agreement and start entitlement process
12

13 Questions?

Topics Requiring Direction
Provide direction under three categories, to be incorporated into an RFP to be issued Q1 2025:

1. Project Labor Agreement

2. Price and Terms of Payment for Property

3. Desired Land Use
14

1. Project Labor Agreement (PLA) Options
a. Developers are OR are not required to negotiate a PLA? With which organizations?
b. Developers must negotiate a PLA before submission OR after selection?
c. Developers must provide the PLA publicly OR provide a summary of the PLA?
d. Does any of the above change depending upon the land use proposed?
15

2. Price and Payment Options
a. Developers must pay the appraised value ($4.99 million) in one sum at closing OR through multiple installments?
b. Developers may receive a local subsidy for affordable housing? ➢2011 appraised value ($2.25 million) subject to taxing obligations 16

City’s Vision for Town Center II
17 2023-2031 Housing
Element
• 309 lower-income
units
2014 Downtown
Specific Plan
• 242,474 square feet
of residential or
hospitality use, with
11,309 square feet
of retail
2014 LRPMP from
Redevelopment
Authority Dissolution
• Residential, hotel,
commercial, or
combined uses
• Emphasis on
quarter-mile
proximity to
Downtown Concord
BART

3. Land Use Options

3. Options to Consider for Use
a. Developers may propose their best uses, regardless of the number of dwelling units, understanding that staff would need to identify other sites to meet the Housing Element requirement? b. Developers must build 309 lower-income units, with or without other uses combined?
c. Is there an alternative use that Council sees as desirable? 18

19

20

Staff Report
Date: January 14, 2025
To: City Council
From: Valerie Barone, City Manager
Reviewed by: Mindy Gentry, Community Development Director Prepared by: Frank Abejo, Principal Planner
[email protected]
(925) 671-3128
Subject: Considering a Preliminary Application to provide feedback on the renovation of the existing 206 multifamily units within Victory Village and redevelopment of Quinault Village by demolishing the existing 80 duplex units and constructing 508 multifamily and townhome units for a total of 714 units on the former 59-acre Coast Guard site located at 3295 Haleakala Street (APN: 111-010-023).

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

Report in Brief
On October 15, 2024, Eddie Haddad and Georges Maalouf (“Applicant”) submitted a Preliminary Application with proposed Development Agreement terms to renovate the existing 206 on-site multifamily units within Victory Village and redevelop Quinault Village by demolishing the existing 80 duplex units and constructing 508 multifamily and townhome units for a total of 714 units (428 net units) on the 59-acre former Coast Guard property at 3295 Haleakala Street (APN 111-010-0231) (“Property”) (Attachment 1 is an aerial map, Attachment 2 is proposed negotiation points on the Development Agreement, and Attachment 3 contains the land use plans). 1 Although only one parcel number is shown, an Engineering Certificate of Compliance from the City has been issued determining the Property is comprised of two legal parcels; however, those parcel numbers have not been processed through the County and City and the parcel number shown will likely change.

5.c

City Council Agenda Report
Agenda Item No. 5.c
January 14, 2025
The objective of this Study Session is to allow the Council the opportunity to provide feedback for the Applicant to consider before finalizing and submitting a formal application for the Property. Tonight’s Study Session is intended to achieve the following:
• Provide a public forum in which the Applicant can communicate their proposed land use plans for the Property, anticipated timelines, and proposed Development Agreement terms;
• Provide background on the City’s entitlement process; • Allow the community and stakeholders to give feedback on the Applicant’s Preliminary Application through public comment; and
• Provide an opportunity for the City Council to provide early feedback to the Applicant and staff for incorporation into the formal entitlement applications for the Property.

The Council is not making a decision on the project at this meeting and Council’s feedback from this Study Session is only an indication as to how they would like to see the application move forward, not necessarily an indication of Council members’ position on the project. Additional information from the full entitlement application, completion of environmental analyses, and a recommendation by the Planning Commission are necessary for the Council to make an informed and final decision on the project.

Recommended Action
Consider the Preliminary Application, provide feedback on the renovation of the existing 206 multifamily units within Victory Village and redevelopment of Quinault Village by demolishing the existing 80 duplex units and constructing 508 multifamily and townhome units for a total of 714 units on the former 59-acre Coast Guard site located at 3295 Haleakala Street (APN: 111-010-023), and make the CEQA determination as provided in this staff report.

Background
In 2007, as part of federal-to-federal agency transfers under the Base Realignment and Closure Act (BRAC), the U.S. Navy transferred the Property from the former Concord Naval Weapons Station (CNWS) to the U.S. Coast Guard (USCG). The Property is located contiguous to and south of the North Concord BART station and immediately east of Olivera Road (Attachment 1). The USCG used the existing military housing units on the Property to house enlisted personnel who worked on Coast Guard Island in Alameda until 2014 when they vacated the buildings. The existing housing was constructed in two phases: Quinault Village (80 duplex units built in 1965 on the northern portion of the Property) and Victory Village (206 multifamily housing units built between 1988-89 on the southern portion of the Property) (See Attachments 1 and 9 for location and photos of existing Villages). Additional history (2017-2021) regarding the Property is included as Attachment 5.

City Council Agenda Report
Agenda Item No. 5.c
January 14, 2025
Previous Preliminary Application
On June 3, 2021, the Applicant closed escrow on the Property and submitted a Preliminary Application to renovate the existing 286 on-site units. Since that time, the owners have been focused on securing the site and buildings, along with performing necessary landscape maintenance.

On June 23, 2021, a City Council Study Session was held at which the Applicant shared the following concepts to for the development of the Property: 1) renovate the existing 286 units at both Quinault and Victory Villages as rental units; 2) redevelopment of both Villages for up to 800 units through a variety of medium and high-density units as envisioned by the administrative draft of the Concord Reuse Project (CRP) Specific Plan (the Specific Plan was never adopted); and 3) phased development allowing for renovation of existing Victory Village units followed by subsequent phases to redevelop Quinault Village for an estimated project total of up to 1,180 units. The Council direction from the June 2021 study session indicated that they did not support a renovation of the entire project and were interested in seeing a phased redevelopment of both Villages, consistent with the presented concept #3. The June 2021 Study Session Staff Report and summary of the Council’s comments are included as Attachments 4 and 6, respectively.

During 2021 to 2024, staff responded to a number of requests from the Applicant, including pre-submittal consultation meetings and an SB 330/Builders Remedy preliminary application, which has lapsed.

On July 18, 2024, the Applicant submitted an application for a Certificate of Compliance to confirm the Property is comprised of two parcels, even though it transfered by the General Services Administration as one parcel. Certificate of Compliance review is nondiscretionary, and the City’s Engineering Division issued the Certificate of Compliance on August 9, 2024, confirming the two parcels. The County Assessor will eventually issue two parcel numbers for the site.

Current Preliminary Application
On October 15, 2024, the Applicant submitted a new Preliminary Application for a total of 708 units that included renovating the existing 206 units at Victory Village and redeveloping Quinault Village. Shortly thereafter, the Applicant modified the plans (Attachment 3) to increase the total unit count to 714 units, which includes 508 townhomes in Quinault Village, and submitted Development Agreement terms or negotiation points (Attachment 2).

On November 5, 2024, a Development Advisory Committee (DAC) meeting was held, and the DAC provided comments on many of the issues included in this staff report, including requesting clarification on the gross and net acreages for each village and asking if the villages will remain gated and how that would function. Additionally, staff

City Council Agenda Report
Agenda Item No. 5.c
January 14, 2025
requested that the submittal be updated to include the proposed roadways to reflect Contra Costa County Fire Protection District comments.

On November 14, 2024, the Design Review Board (DRB) conducted Conceptual Design Review of the Preliminary Application for the proposed renovation of Victory Village. The Applicant has not yet developed architectural plans for Quinault Village. The annotated agenda for the DRB meeting is attached (Attachment 7).

On November 21, 2024, staff provided the Applicant with a comment letter, based on the November 5 DAC meeting to assist them in preparing their formal submittal. Staff has also begun the process of obtaining a scope of work, budget, and schedule for a traffic study.

As indicated above, the objective of this Study Session is to allow the Concord community and stakeholders to provide public comment and enable the Council to give feedback to staff and to the Applicant on the Applicant’s preliminary development proposal prior to their submittal of formal development applications.

Site Description
A. Existing Property Improvements
The Property consists of two villages on a total of approximately 59.4 acres, with approximately 33.6 acres for Quinault Village and approximately 25.8 acres for Victory Village:

Quinault Village (northern village). 40 duplex buildings constructed in 1965 (80 housing units).
- 3 bedroom, 2 bath (64) and 4 bedroom, 2 bath (16) units - Unit sizes ranging 1,059 to 1,245 square feet
- Each unit includes one single-car carport
- Community center and tot lot playground amenities
Victory Village (southern village). 42 apartment style buildings (206 units) including two- and four-bedroom units constructed in 1989. All apartments are configured in four-plex or six-plex buildings.
- 2 bedroom, 1 bath units (168)
- 4 bedroom, 2 bath units (38 total; 30 townhouse style and 8 side-byside units). - Units range from 968-992 square feet (2 BR) and 1,960 to 1,984 square feet (4 BR)

City Council Agenda Report
Agenda Item No. 5.c
January 14, 2025
- Each unit includes one single car garage, the 4-bedroom units have two single-car garages.
- Small playground, basketball court, horseshoe pit, and RV storage amenities
Because the military does not have to comply with local building code requirements, staff cannot determine if the units were built to California Building Code (CBC) standards at the time of their construction. On June 22, 2021, the City’s Building Division conducted a site visit at which time a sampling of units was inspected visually for health and safety items under the current CBC and reviewed for any items considered substandard or dangerous, which the City can require to be corrected. The visit was conducted to assist the owners in understanding the scope of work of the renovation and prioritizing the work that will be necessary if approval is granted for renovating Victory Village. A summary of that visit is attached (Attachment 12), but in short, Building Division staff found the buildings that were not fire damaged appear structurally sound with the need for some repair and maintenance activities.

B. Entitlements Required
The current General Plan land use designation is Military (M), and the zoning designation is Public/Quasi-Public (PQP) and Study (S). For any residential development, redevelopment, or renovation of the site, both a General Plan Amendment and Rezoning is necessary as the Property is now in private ownership and military housing is no longer appropriate for the site.

The Applicant has submitted a Preliminary Application in advance of their formal application. The formal application is anticipated to include legislative requests for General Plan Amendment, Rezoning, and Development Agreement, along with entitlements to develop the project (which will likely include a Tentative Map, Planned Development Use Permit, Design and Site Review, and Tree Removal Permit based on staff’s current understanding of the project scope). The Applicants proposal links the two developments, because it proposes to meet the City’s inclusionary housing requirement for the entire project entirely on Parcel A at Quinault Village. Consequently, the necessary applications for both parcels would be processed concurrently and reviewed by the Planning Commission for a recommendation to the City Council.

C. Site Description and Surrounding Land Uses
The Property is uniquely shaped and consists of two parcels bounded on the west side by existing residences in the Holbrook Heights neighborhood, on the north by the North Concord BART Station parking lot, and on the east and south by the Concord Naval Weapons Station. On the west side of the Property are park and recreation facilities (Navy ballfields, Pixieland, and Willow Pass Park). Quinault

City Council Agenda Report
Agenda Item No. 5.c
January 14, 2025
Village is adjacent to Brookfield’s Conceptual Preliminary Land Use Plan for the CNWS Phase 3A (planned for low and medium density residential) and Victory Village is adjacent to Phase 4A (planned for medium and high density mixed-use residential) of (Attachment 8).

A variety of eucalyptus trees, shrubs, and dry grass exist on the Property, which is currently enclosed with wrought iron (along East Olivera Road) and chain link fencing around the perimeter of the Property. The public right-of-way along East Olivera Road includes street trees within the public right-of-way maintained by the Applicant. Photos of the site and existing units are included in Attachment 9.

A Preliminary Arborist Report, dated October 2024 (Attachment 10), has been provided with a tree inventory map indicating 648 trees at the Property with London plane (127), red ironbark (124), Western sycamore (117) and mulberry (46) being the predominant tree species at the site. Based on the City’s definition for protected trees, a total of 218 trees between the two Villages qualified as protected. Fifteen protected trees are recommended for removal at Victory Village (Attachment 11).

Access to the Property is provided by two gated driveways within Quinault Village at Hamilton Avenue (north and south) and by two gated driveways within Victory Village at Pyro and Mars Streets.

In anticipation of the Property’s transfer, Phase 1 studies were prepared by TetraTech 2 in 2014 evaluating the environmental conditions of each village.

Findings of note from the Phase 1 evaluation included the following:
• In Victory Village, asbestos was found in the building materials. • Possible munitions and unexploded ordinance of concern found at the southern boundary of the site (adjacent to the old airfield site). • In Quinault Village, asbestos and lead hazards were identified in both the interior and exterior of the buildings as well as pesticide contamination.

The study recommended that, upon transfer of the Property, the deed contain a restriction that would advise against children or pets disturbing the soil and that no digging or planting occur near foundations. Both reports recommend that subsequent owners search for contamination and coordinate these efforts with the Navy.
2 Page 2-1 of the Phase 1 studies (Sept. 2016) indicates “Use of this report by any parties other than Tetra Tech, GSA, and USCG is expressly prohibited.” Thus, the new owners will need to perform new studies, unless a release was provided by the GSA.

City Council Agenda Report
Agenda Item No. 5.c
January 14, 2025
D. Pipeline Easements
Easements accommodating three high-pressure oil pipelines run through the site, between the two villages (as shown on SP-03 of Attachment 3) from the CNWS to East Olivera Road. The easements were granted in 1956, 1957, and 1969 to Union Oil Company, Southern Pacific Pipelines, and Getty Oil Company, respectively. These pipelines are active and currently operated by Phillips 66 Pipeline, Kinder Morgan/SFPP, and Shell Pipeline. The pipelines are “intrastate pipeline facilities,” which pursuant to Government Code Section 51010, the State Fire Marshall exercises exclusive safety regulatory and enforcement authority.

Federal law states that “no pipeline may be located within 50 feet of any private dwelling, any industrial building or place of public assembly in which persons work, congregate, or assemble, unless it is provided with at least 4 feet of cover.” Additional information on the pipelines is provided in the ARUP technical memo, dated November 8, 2017. Staff does not currently have information on the depth of cover.

E. 2023-2031 Housing Element
In the City’s current adopted 2023-2031 Housing Element, the Property was not identified in the Sites Inventory; meaning, a specific number of units on the Property were not identified in the Housing Element for purposes of meeting the City’s Regional Housing Needs Allocation (RHNA). The Property was not included in the Sites Inventory due the lack of a clear timeline for project completion and direction provided from the Department of Housing and Community (HCD) that the existing units would not count if they were renovated. However, staff recently obtained an updated response from HCD regarding how the renovated units within Victory Village and the new units at Quinault Village would be treated with respect to RHNA. HCD staff has confirmed that all units, once constructed or made suitable for habitation will count toward the City’s RHNA and qualify under the military housing provision of Government Code Section 655831(b).

Preliminary Application
The City Council has significant discretion in reviewing this project because it requires legislative actions for a general plan amendment, rezoning, and development agreement. Additionally, the preliminary concept discussed below would require a Tentative Map, Planned Development Use Permit, Design and Site Review, Tree Removal Permit, and possibly other associated applications, dependent upon the scope of the formal proposal. In conformance with the California Environmental Quality Act (CEQA), environmental review would be required and an Environmental Impact Report (EIR) is anticipated to be the necessary level of analysis. Due to the requested

City Council Agenda Report
Agenda Item No. 5.c
January 14, 2025
Development Agreement3, the Council may wish to consider public benefits that may be derived from the development concept or a desired variation of the concept.

A brief summary of the Applicant’s proposal is included below along with a table providing a review of densities and number of units that would be possible for each village.

Renovation/Redevelopment (Proposed Approach)
Victory Village
The Preliminary Application proposes the existing 206 units at Victory Village to be renovated as rental units. Minimal changes are proposed to the current layout of Victory Village. Site access will continue to be provided from East Olivera Road via two gated driveways (Pyro Street and Mars Street) that connect to a loop road (Mount Hood Circle). Existing units are accessed from the loop road and two cul-de-sacs that branch from it (Kiska Court and Mauna Keal Court). A third cul-de-sac accesses the site’s office and community building located at the south end of the site. New bioretention basins are proposed along the north and south perimeters. “Playground, court, or gathering area” amenities are planned at the southeast and southwest corners of the site. No new frontage improvements along East Olivera Road are proposed but the existing sidewalk would be refurbished. Renovation of the units include repairs where needed based on an assessment of the units and may include “gypsum board, paint, all flooring replaced with luxury vinyl planks, damaged casework repaired, countertops, vanities, doors & hardware, windows, appliances, blinds, lighting, stairs, guardrails/handrails, and mechanical (HVAC) & plumbing equipment”, as well as repairs to three fire-damaged buildings.

The Applicant has not provided information on anticipated rents. However, rental rates would likely land in the range typical of older rental units on the market. Of particular value to the community would be the larger four-bedroom rental units, as these support families and are not heavily represented in Concord’s rental stock. Additionally, the availability of the one-car garages and location of the project site with proximity to amenities such as Willow Pass Park would be a benefit to tenants.

Quinault Village
Redevelopment of Quinault Village is proposed that will result in the demolition of 80 vacant older duplex units to construct 358 townhomes and a four-story, 150-unit apartment building. The site would be subdivided into four parcels (referenced as Parcels A to D, see Attachment 3, sheet SP-02). An apartment building is proposed on 3 A Development Agreement is a contract between the City and a developer that provides, among other things, the following benefits: 1) provides developers more certainty on the review process by vesting the regulations and standards for the project; 2) provides more clarity to the City on how various aspects of a large, complex, or multi-phased project will be achieved by the developer; 3) gives the City more latitude in approving projects that otherwise vary from applicable zoning standards and land use restrictions; and 4) allows the City to negotiate public benefits from the project without the need for a direct nexus.

City Council Agenda Report
Agenda Item No. 5.c
January 14, 2025
Parcel A, located at the north end of the site, closest to BART, to support the Project’s inclusionary (affordable) housing units. The majority of the site will be developed for townhomes on Parcels B-D. A new street network is proposed for the site that consists of an 86-foot-wide public right-of-way with a 46-foot-wide main/collector road intersected by multiple private feeder streets and alleys. The main road would be accessed from East Olivera Road at the south end of the site and continue east to an intersection where the road splits east towards the CNWS (where it will be stubbed for future road connection), or north where it ultimately connects to Hamilton Avenue and the Holbrook Heights Neighborhood. 4
Additional project features include a 10,000 square foot clubhouse and leasing office for the apartment building, a 6,000 square foot clubhouse for the townhomes, four pocket parks/gathering areas, and bioretention/buffer areas along the west perimeter and adjacent to existing homes. The public or main road will include Class II bike paths5 and pedestrian sidewalks. Pedestrian and bike connectively between Victory and Quinault Villages to the North Concord BART station will be provided by the main street in addition to paths proposed within Quinault’s bioretention area along the west perimeter.

Issues for Consideration
The staff identified issues for Council consideration are below with a further explanation of the Applicant’s proposal, which is followed by staff’s recommendations on how to address certain issues or on potential modifications.

Density. The proposed density of Quinault Village is approximately 17.4 dwelling units per net acre and Victory Village at eight dwelling units per net acre as shown in Table 2 below.

Table 2
Applicant’s Renovation/Redevelopment Concept
Village Net Acres* # of units Density**
(du/net acre)
Zoning designation/
Density range
(du/net acre)
Quinault
Village

29.2 acres 508 units 17.4 RM (Med. Density)/ 11-32
Victory Village 25.8 acres 206 units

8.0 RL (Low Density)/ 2.5-10
4 Lennar/Five Points’ draft Specific Plan envisioned connections through the Property to both the BART Station and the adjacent areas of the CNWS. This will need to be studied further as part of the current specific planning process to determine the roadway connection(s) through Quinault Village. 5 Class II bike paths or lanes designate an exclusive space for bicyclists using pavement markings and signage. These bike lanes are used in the same direction as motor vehicle traffic, and are typically on the right side of the street, between the adjacent travel lane and curb, road edge, or parking lane.