Concord City Council
April 1, 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
April 1, 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.

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

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

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

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

2 2. REMOTE: Remote public comment will not be accepted, except when a Councilmember participates remotely pursuant to AB 2449. At the time of the posting of this agenda, none of the Councilmembers have notified the City Clerk’s Office that they intend to participate remotely pursuant to AB 2449, and therefore no remote public comment will be accepted at the meeting. If, after publication of this agenda and before the meeting begins, any councilmember determines that they will need to participate remotely due to just cause or emergency circumstances under AB 2449, their remote participation will be announced at the outset of the meeting in connection with the Roll Call item. If a Councilmember participates in the meeting remotely pursuant to AB 2449, the public may participate and provide public comment remotely, as follows:
a. Zoom:
https://cityofconcord.zoom.us/j/86343779461?pwd=bMe71vpBUOiYk31lIwZ2MLtS32v8C w.KSE1cKwopWA-Blck or Zoom Webinar ID: 863 4377 9461 and Passcode: 745208 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 Aliano

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

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

3. PRESENTATIONS
a. Presentation – to Friends of Concord Creek proclaiming April 2025 as "Earth Month" in the City of Concord. Presentation by Mayor Obringer. b. Presentation – to Ygnacio Valley High School, and Clayton Valley Charter High School proclaiming April 5-12, 2025, as "National Robotics Week" in the City of Concord. Presentation by Mayor Obringer.
c. Presentation – an update on the Family Justice Center by Natalie Oleas, Regional Director of Administration. Introduction by Mayor Obringer.

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 d. Presentation – Police Department Update from Concord Chief of Police Mark Bustillos. Introduction by Mayor Obringer.

4. ANNOUNCEMENTS
a. Announcing – openings on Concord's Commission on Aging; Community Services Commission; Concord-Pleasant Hill Health Care District Grant Committee; and Parks, Recreation, and Open Space Commission; and setting a deadline of Friday, May 2, 2025, at 5 p.m. for applications to be due to the City Clerk. Report by Joelle Fockler, City Clerk.

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

If a request for removal of an item from the Consent Calendar has been received, the Mayor may defer action on the particular item and place the same on the regular agenda for consideration in any order s/he deems appropriate. Please see “How to Submit Public Comments” above. a. Considering – the following actions:

1. Award of a construction contract in the not-to-exceed amount of $261,522 to DC Electric Group, Inc., authorizing staff to utilize the available project contingency for contract change orders up to an additional 20% of the contract amount for the Rectangular Rapid Flashing Beacons (RFFB) Crosswalk Enhancements (Project No. 2696) at nine locations; and authorizing the Mayor to execute the contract in a form acceptable to the City Attorney (Funded by HSIP Grant Funding, Fund 402, and Measure J, Fund 475);

2. Acceptance and appropriation of $50,016 of Highway Safety Improvement Program (HSIP) Grant funds (Fund 402) from the State of California (State) for Project No. 2696;

3. Approval of a budget transfer and appropriation of $190,000 from Monument Boulevard Signal Upgrade (Project No. 2578) to Project No. 2696 (Funded by Measure V, Fund 407); and

4. Authorizing the City Engineer to accept the improvements upon completion of Project No. 2696 and directing the City Clerk to file a Notice of Completion.

Recommended by the Director of Community Development.

CEQA: Not a project/exempt per CEQA Guidelines Sections 15060 (c), 15061 (b)(3), 15273, 15378, 15301, 15302, 15303, 15304, and Public Resources Code (PRC) Section 21065.
5 b. Considering – accepting traffic signal fiber optic cable improvements for the Clayton Road Traffic Operation Improvement, Phase 1 (Project No. 2547) located on Clayton Road Between Sutter and Market Streets; and directing the City Clerk to file a Notice of Completion. Recommended by the Director of Community Development.

CEQA: Previously determined to be categorically exempt pursuant to CEQA Guidelines Sections 15301, 15302, 15303, and 15304.
c. Considering – approval of Streambed Alteration Agreement Notification No. 1600-2017-0582-R3 with the California Department of Fish and Wildlife for Newhall Park Water Quality Improvement (Project No. 2353) located at 1351 Newhall Parkway, and authorizing the City Engineer to execute the agreement in a form acceptable to the City Attorney. Recommended by the Director of Community Development.

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

6. CITY COUNCIL CONSIDERATION ITEM
The public is entitled to address the City Council on items appearing on the agenda before or during the City Council’s consideration of that item. Each speaker will be limited to approximately three minutes. Please see “How to Submit Public Comments” above. a. Considering – adoption of a Resolution approving an exception to the 180- day waiting period to hire a California Public Employees’ Retirement System (CalPERS) retiree, to work in 911-dispatch, in accordance with Government Code Sections 7522.56 and 21224. Report by Matthew Cain, Police Lieutenant.

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.

7. CORRESPONDENCE
Correspondence received at the City Council meeting will be listed here on the Annotated Agenda. a. Letter to Senator Padilla, Senator Schiff, and Congressman DeSaulnier re:
support for the remodeling and expansion of District 4 Youth Center - March 6, 2025
b. Letter to Senator Schiff re: support of White Pony Express' (WPE) grant application for the Community Project Funding - March 26, 2025

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

9. ADJOURNMENT
Next Meeting: Regular Meeting
Date: 4/8/2025 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.

Natalie Oleas
Regional Director of
Administration

C E N T R A L C E N T E R
Mireille Lafont
Central & South
Center Director

3.c

Family Justice Center
• 9 law enforcement
agencies
• 9 public agencies
• 57 community
partners
Crisis support,
long term safety,
community
building
Collaborative
partnerships allow
victims to get
connected to
resources more
quickly.

Clients Served

Services
Telehealth services for
survivors of
itnerpersonal violence.

No insurance
requirement.

Free legal
assisatnce in
family law,
restraining orders
and immigration.

Trauma informed
counseling for survivors
of interpersonal
violence including
psychiatric services and
medication
managment.

TELEHEALTH MENTAL HEALTH LEGAL SERVICES

Public Safety Update
2024 Review
1 MARK BUSTILLOS, CHIEF OF POLICE
APRIL 1, 2025

3.d

Index Crimes
2

National Incident Based Reporting System (NIBRS)
Group A Offenses
3

National Incident Based Reporting System (NIBRS)
Group A Offenses
4

National Incident Based Reporting System (NIBRS)
Group A Offenses
5

National Incident Based Reporting System (NIBRS)
Group A Offenses
6

Aggravated Assault & Larceny Theft
7 AGGRAVATED ASSAULT
Total 384

LARCENY THEFT
Total 2,499

Quantifying Use of Force
Response and Patterns
What is Being Tracked?
➢ Number of Use of Force incidents
➢ Type of force used
➢ Reason for Use of Force
➢ Injuries to person or officer
➢ Injuries requiring medical attention
➢ Severity of criminal charges
➢ Type of services rendered at the
time of the incident
➢ Precipitating factors
8

2024 Quantifying Use of Force (UoF)
UoF Incidents, Type and Reason
9 Use of Force
Incidents Total CFS %
296 110,365 0.3%UoF Type UoF Reason

Tobacco Retailer Inspections
➢ Total Retailers Inspected: 86
➢ Retailers in Compliance: 65
➢ Citations Issued for Prohibited Items: 15
➢ Retailers in Compliance at Re-inspection: 13
➢ Ongoing Investigations: 2
➢ Retailers No Longer Selling Tobacco: 6
10 Tobacco Enforcement Operations
➢ Total Retailers Using Minor Decoy: 26
➢ Tobacco Sold to Minor: 0
➢ Criminal Citations Issued: 0
➢ Total Retailers in Compliance: 23
➢ Administrative Citations: 3
• Issued for possession of Flavored Tobacco Products
and Possession of Flavored Vape Pens.

Tobacco Enforcement 2024

105,330 104,389 110,003 110,365
2021 2022 2023 2024
Total CFS Concord Connect
11 Concord Calls for Service & Concord Connect
6,610 6,485 6,295 6,181

Understanding Response Times
Computer Aided Dispatch System:
➢ Collects timestamps throughout the call duration, including automatic data and manual inputs that provide situation awareness
➢ Manual inputs, such as officer arrival or updates, or call for service type
Outliers’ Impacts on Response Times:
➢ Difficulty obtaining situational details and accurate locations from callers
➢ Difficulty in finding victims, suspects, or crime scenes ➢ Extended incidents like hospital calls or late victim callbacks, including late or unreported incidents
➢ Instances where calls are reopened for follow-up or due to changing situations
➢ Human error such as forgetting to mark “on-scene” status in CAD
12

7:47
6:56 6:50 5:47 5:03
2021 20242022
Response Time
2023
Travel Time
Calls for Service
13 Average Response Times
Priority 1 Calls for Service (minutes:seconds)
12:30
11:17
9:50

Calls for Service and Crime Heat Maps
January to December 2024
Northern
District
Southern
District
Valley
District
Northern
District
Southern
District
Valley
District
All Calls for Service
Higher
Volume
Lower
Volume
NIBRS Group A Crimes
14 Higher
Volume
Lower
Volume

2024 Investigation Highlights
Murder - Solved
An adult male gunshot wound victim was located on Oak Grove Road near Four Corners. Using ALPR cameras, surveillance footage from businesses and residences in the area, cell phone data, and good old-fashioned police work, CPD detectives learned the victim was the intended target of an assassination at the direction of a Mexican cartel. The suspect was identified, and it was determined he had entered the country with the intent of committing the murder and fled back to Mexico immediately after.

Due to the international nature of this case CPD has transferred the investigation to the US DOJ for apprehension and prosecution.

Rape Cold Case - Solved
After a 2000 sexual assault case involving a paraplegic victim went cold, a 2024 DNA match reactivated the investigation. Despite the victim’s death and destroyed evidence, Detective Boucher located key witnesses and ultimately secured a confession from the suspect. Detective Boucher’s dedication brought long-overdue justice and closure to the victim’s family, exemplifying exceptional investigative work worthy of the Superior Performance Award. 15

Police and County Partnership
in Mental Health Response
Partnership with County Mental Health Services
➢ In 2021, partnered with Contra Costa County’s Mobile Crisis Response Team – Anyone, Anywhere, Anytime (A3) to
respond to mental health calls.
➢ Diverted or co-responded to calls related to a mental health crisis.

A Data Driven Approach
➢ Integrate and analyze data to identify mental health issues, improve situational awareness, and efficiently deploy mental health services as needed.

Track Mental Health Calls and Services in Real Time
➢ Created a dashboard to track our mental health calls
➢ Identified frequencies and metrics of when and where we utilize A3 services
16

Mental Health Services: 2024
17 ➢ Total A3 Calls for Service:
➢ A3 Response:
➢ Officer & A3 Co-Response:
➢ A3 Unavailable:
➢ Calls for Service Canceled:
878
713
117
25 10
129
111
120
244
156
117
A3 Calls for Service

Mental Health Crisis Metrics
➢ Impact of Partnership
➢ 5150 holds decreased by 27% since
partnership began
➢ Mental health related police
department calls for service decreased
by 41%
➢ Since CPD began tracking diverted calls
in August 2023 and with the 24/7
availability of A3 in December 2023,
patrol utilization increased 180%
1301
1229
1118
742
250
702
0 100
200
300
400
500
600
700
800
0 200
400
600
800
1000
1200
1400
2021 2022 2023 2024
Mental Health Related & MCRT/A3 Diverted
Calls for Service
Mental Health CFS
MCRT/A3
18

Enhancing Public Safety
2024 Drone Usage
Key Facts:
➢ Established in March 2022
➢ 13 active pilots, 1 supervisor
➢ All Part 107, basic, advanced, and nigh flight certified ➢ Tracked and audited using Air Data
➢ Usage logs uploaded to City of Concord Website monthly Deployments:
➢ Search & Rescue: 62
➢ Law Enforcement Operations: 565
• Observation for officer safety (interior/exterior)
• Locating a criminal suspect evading police
• Crime scene investigations/collision reconstruction
➢ Demo & Public Demonstrations: 34
➢ Test Flights & Training: 864
19

License Plate Reader (LPR)
Success
Follow Home Robbery | 2/2/24
➢ Detectives used LPR data to identify the victim’s vehicle and the suspect vehicle following her from the Wells Fargo bank on Clayton Road, leading to two arrests.
➢ The investigation also linked the same suspect to a follow-home robbery from the previous year, where LPR had captured a different suspect vehicle, but no leads were available at the time.

Shooting at Baldwin Park | 8/10/24
➢ A shooting in Baldwin Park was investigated using LPR data, which helped detectives locate a black Honda matching the suspect vehicle description with bullet holes in the rear windshield.
➢ This discovery led to the identification and arrest of a second shooting suspect, along with the recovery of multiple firearms and tools used to convert semi-automatic weapons into automatic.

Fentanyl Overdose Death | 9/1/24
➢ LPR data revealed inconsistencies in the reporting party’s/suspect’s story, proving it to be false.
➢ The evidence is critical to filing the case as involuntary manslaughter, supporting claims of gross negligence for driving across town with an overdosing victim instead of seeking immediate medical help. 20

Community Policing
2024 Highlights
Coffee with a Cop
21 Community Engagement Trunk or Treat Event
New Hope Church Bike Rodeo Stuff the Cruiser

The City’s Public-Facing Crime Map
A Collaborative Effort for Community Safety
✓Empowering Community Awareness
An interactive map hosted on the City’s website, allows residents to see reported crimes to ensure they are
informed and vigilant.
✓Privacy-respected Crime Reporting
Designed with privacy in mind, allows residents to search by address but anonymizes crime to the nearest reporting district to ensure sensitive information is protected.
✓Collaboration for Safety
Working closely with our Geographic Information Systems team to enhance public safety and transparency within our community.
22

Police Department Staffing
Sworn Positions (Peace Officers)
Authorized 140 Positions
➢ Currently have 125 positions filled (15 vacancies)
➢ Estimated to have 16 people eligible for retirement by December 2025 On-boarding process (recruitment,
academy, FTO) takes well over a year
Professional Staff
Authorized 56 Full-time Positions
➢ Comprised of managers, dispatchers, Community
Service Officers Currently have 49 positions filled (7
vacancies)
23

Leveraging Technology to Transform
Modern Policing
Barricade AI
➢ Uses body-worn camera footage and digital evidence to automatically generate an initial, policy compliant draft report using AI. ➢ Streamlines administrative tasks for law enforcement, reducing human error and freeing up time for public safety efforts.

Drone as a First Responder (DFR)
➢ Drone as First Responder (DFR) programs deploy drones to emergency scenes ahead of ground units, providing real-time aerial intelligence to first responders.
➢ DFRs enhance situational awareness, improve response times, and increase safety for both responders and the public.

Real-time Crime Center
➢ Centralized hubs within police departments that integrate and analyze data from various sources—such as surveillance cameras, license plate readers, and emergency calls—to provide officers with immediate, actionable intelligence during active incidents
➢ Enhance situational awareness, reduce response times, and improve coordination among law enforcement agencies, leading to more effective crime prevention and resolution.
24

Questions?
25

Staff Report
Date: April 1, 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 openings on Concord's Commission on Aging; Community Services Commission; Concord-Pleasant Hill
Health Care District Grant Committee; and Parks, Recreation and Open Space Commission; and setting a deadline of
Friday, May 2, 2025, at 5 p.m. for applications to be due to the City Clerk.

Report in Brief
In accordance with Policy and Procedure No. 89, this announcement initiates a recruitment to fill positions for the Commission on Aging, Community Services Commission, Concord/Pleasant Hill Health Care District Grant Committee, and Parks, Recreation and Open Space Commission. Members with expiring terms shall continue to serve until their successor is appointed pursuant to the Concord Municipal Code. All incumbents may apply for reappointment.

If any seated incumbent does not submit an application by the application deadline, the application period will be extended by five (5) working days, and the extended submittal deadline of May 9, 2025, will be posted to the City’s website.

Applications will be available on the City’s website beginning Wednesday, April 2, 2025.

Recommended Action
Announce openings on the following boards, commissions, and committees, and set a deadline of Friday, May 2, 2025, at 5 p.m. for applications to be due to the City Clerk.

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

City Council Agenda Report
Agenda Item No. 4.a
April 1, 2025
Boards, Commissions, and Committees
• Commission on Aging
• Community Services Commission
• Concord/Pleasant Hill Health Care District Grant Committee • Parks, Recreation and Open Space Commission
Background
The Commission on Aging is made up of up to eleven (11) members serving four (4) year terms. Members must be a resident of Concord holding no other municipal office in the City of Concord. At least 51% of the members shall be over the age of 60. Examples of duties include: identify, improve, and develop services and opportunities for senior citizens in Concord; act as a resource to all City boards and commissions on issues affecting seniors; serve on the Contra Costa Advisory Council of Aging subcommittees to identify the unmet needs of senior citizens and evaluate the effectiveness of existing programs and laws; develop an annual work program, and establishing short- and long- term goals in order of priority.

Current members/terms overview
Members Term Expires
Carlos Balladares June 30, 2025
Marilyn Fowler June 30, 2025
Tjiuk Kurniadi June 30, 2025
Melvin Lee June 30, 2025
Vacant June 30, 2025
Vacant June 30, 2025
David Afinowicz June 30, 2027
Gabriele Orbell June 30, 2027
Johana Segura June 30, 2027
Vacant June 30, 2027
Vacant June 30, 2027
Vacancy
The Commission is seeking six (6) individuals to serve four-year terms ending June 30, 2029, and two (2) individuals to fill the remainder of a four-year term ending June 30, 2027.

City Council Agenda Report
Agenda Item No. 4.a
April 1, 2025
The Community Services Commission may consist of up to seven (7) members serving four (4) year terms. Members are required to identify housing, neighborhood and social needs within the community and review funding requests, advise the City Council on the allocation of General Fund monies for human services and the expenditure of Federal Community Development Block Grant monies for programs and projects, and monitor the performance of funded programs. All members must be residents of Concord or of Concord's sphere of influence who hold no other municipal office in the City of Concord and shall be representative of the general public and the religious, racial, age, sex, disabled and ethnic groups in the City of Concord.

The City's Conflict of Interest Code requires the Community Services Commission members to complete a Conflict of Interest Form 700. Filings are required within 30 days of assuming office and on an annual basis.

Current members/terms overview
Members Term Expires
Robert Ferrier June 30, 2025
Lauren Henderson June 30, 2025
Isabel Lara June 30, 2025
Stephen Sticka June 30, 2025
Tim Car June 30, 2027
David Miller June 30, 2027
Paul Wood June 30, 2027
Vacancy
The Commission is seeking four (4) individuals willing to serve four-year terms ending June 30, 2029.

City Council Agenda Report
Agenda Item No. 4.a
April 1, 2025
The Concord-Pleasant Hill Health Care District Grant Committee may consist of up to five (5) members serving four (4) year terms. Members are required to review funding requests and advise the City Council on the allocation of Concord-Pleasant Hill Health Care District funds. All members must be residents of Concord who hold no other office in the City and shall be representative of the general public and the religious, racial, age, gender, disabled and ethnic groups in the City.

Current members/terms overview
Members Term Expires
Michael Handlin June 30, 2025
Lori Thompson June 30, 2025
Evangeline Ward June 30, 2025
Luz E. Palomera Sierra June 30, 2027
Mike Tiktinsky June 30, 2027
Vacancy
The Committee is seeking three (3) individuals willing to serve four-year terms ending June 30, 2029.

City Council Agenda Report
Agenda Item No. 4.a
April 1, 2025
The Parks, Recreation and Open Space Commission is made up of five (5) adult members that serve four (4) year terms and two (2) youth members that serve a one (1) year term. Members must be residents of Concord who hold no other municipal office in the City of Concord. The youth members are appointed by the adult members. The Commission advises the City Council on matters related to public parks, open space, recreation, and youth; reviews and recommends Council action to develop, modify, and/or improve City parks; promotes recreation and park programs, assesses park and recreation needs, and recommends capital improvement projects and fees.

The City's Conflict of Interest Code requires the Parks, Recreation and Open Space Commission members to complete a Conflict of Interest Form 700. Filings are required within 30 days of assuming office and on an annual basis.

Current members/terms overview
Members Term Expires
Michael Miller June 30, 2025
John Pamer June 30, 2025
Vacant June 30, 2025
Kandi Lancaster June 30, 2027
Mark Sinclair June 30, 2027
Youth Members Term Expires
Brandon Betz June 30, 2024
Ellis Moore June 30, 2024
Vacancy
The Commission is seeking a total of five (5) individuals for the following terms:
• Three (3) Adult Members willing to serve four-year terms ending June 30, 2029. • Two (2) Youth Members willing to serve one-year terms, effective September 1, 2025, and ending June 30, 2026.

Public Contact
The City Council Agenda was posted. The current members will be notified, and a news release will be issued and distributed. The announcement will be televised on the Concord TV Cable Channel 28 (Comcast), Channel 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.

City Council Agenda Report
Agenda Item No. 4.a
April 1, 2025
Attachments

1. Policy and Procedure No. 89 – Council Appointments to Boards & Commissions

2. Concord Municipal Code Chapter 2.20, Commission on Aging

3. Concord Municipal Code Chapter 2.20, Article IV, Community Services Commission

4. Concord/Pleasant Hill Health Care District Grant Committee – Purpose and Responsibilities

5. Concord Municipal Code Chapter 2.20, Article VI, Parks, Recreation and Open Space Commission

1 CITY OF CONCORD

Number:

Authority:

Effective:

Revised:

Reviewed:

Initiating Dept.:
89 Council Motion
12-11-78
4/27/2021
CM

COUNCIL APPOINTMENTS TO BOARDS AND COMMISSIONS

1. P URPOSE
To establish procedures to be used in accepting applications for and making appointments to fill openings on the various Council-appointed Boards and Commissions (Municipal Code, Chapter 2.20).

2. S UBMISSION OF APPLICATIONS

2.1 Applications for Boards or Commissions shall be available on the City’s website.

2.2 The application and description of Boards and Commissions will be made available to Qualified appli-
cants and expiring term Boards and Commissions members. Those seeking reappointment or appoint- ment to a Board or Commission must submit a completed application to the City Clerk by the deadline stated in the notice. If any seated incumbent does not submit an application by the application dead- line, the application period will extend by five (5) working days, and the extended submittal deadline will be posted on the City’s website.

Applications shall be considered active until the applicant has had the opportunity to complete a recruitment and appointment cycle for each position for which they have applied.

2.3 To ensure applicants understand the responsibil ities of the Board/Commission, a statement of respon-
sibility prepared by the liaison will be provided to an applicant at the time of submission of the appli- cation and to the Council Committee to read to each candidate before the interview.

3. N OTIFICATION OF OPENINGS

3.1 The
City Clerk shall schedule City Council agenda items for the announcement of expiring terms of members at least three months prior to expiration dates. Terms for all Boards and Commissions ex- pire as shown on the schedule (Section 6). Expiring terms shall be considered as automatically ex- tended beyond the expiration to the date the City Council makes new appointments.

3.2 The
City Council shall call for new applications, setting a date certain during the months indicated in Section 6 as the closing deadline for the receipt of applications. Public notice of openings, including a statement that incumbents may reapply, shall be made in advance of the closing deadline and interes- ed parties and organizations shall be notified.

3.3 Prior to the closing deadline, the City Clerk in partnership with the staff liaison to the recruiting Board/Commission will review the submitted applications to determine the recruitment resulted in a
sufficient pool of applicants. Should staff determine that the City has not received an adequate pool of applicants, the City Clerk will make a recommendation through the Mayor to announce an extension of the recruitment at the next available regular meeting.

3.4 The City Council or City Council
Committee shall review applications and will conduct interviews with applicants, reserving the right to waive interview process with previously interviewed or incum- bent applicants.

POLICY & PROCEDURE
Attachment 1

POLICY & PROCEDURE NO. 89

2 3.5 The City Clerk shall schedule a City Council agenda item as indicated in Section 6 to publicly appoint persons to a designated term.

3.6 The City Clerk shall prepare appropriate letters confirming appointments and prepare, for the Mayor's signature, letters to those not appointed.

3.7 In making appointments, the City Council shall make appointments th at result in the influx of new ideas and perspectives while, at the same time, ensuring continuity and expertise.

3.8 No individual shall be appointed to serve as a member on more than one City Board or Commission, unless such dual membership is provided for in Chapter 2.20 of the Municipal Code; however, they may serve as an appointee to an advisory body of an outside agency.

3.9 The City Council may appoint one or more alternates to any Board, Commission, or Committee as provided for in Chapter 2.20 of the Municipal Code.

4. APPOINTMENTS

4.1 Members of a City Board or Commission serve at the pleasure of the City Council. An appointment to a Board or Commission is revocable at any time, without cause, by a majority vote of the City Council. A Council Committee review or recommendation is not required for the Council to consider or take such action.

4.2 In the event openings occur prior to the expiration of a member’s term, the Chair of the appointing Council Committee may review the app licant list if it is no older than 12 months and make a recom- mendation to the full Council of an appointment for the vacant seat. If the Committee Chair does not believe there is an adequate pool from which to select, the Chair may recommend to the full Co uncil that the Council call for a recruitment to obtain new applications to fill the unexpired term.

5. ATTENDANCE

5.1 Any member of a City Board or Commission who absents him/herself from three consecutive meet- ings without being excused will be deemed to have resigned his/her office, and the City Council may appoint a new member to serve in the place of such absent member. The City Council shall make the ultimate determination of whether the absence was excused.

5.2 Should the Board or Commission member have three unexcused absences within a fiscal year, staff is to provide pertinent information to the City Clerk who will notify the member of his resignation.

6. SCHEDULE

6.1 A formal recruitment will occur on odd-numbered years, or when an interim vacancy occurs.

Board or Commission
Announce
Openings
1st available Council
Meeting in
Deadline for
Applications: 30
days
following
announcement
City Council
Appointments
1st available
Meeting in
Terms
Begin
Terms
Expire
Bicycle and Pedestrian
Advisory Committee
November January February March 1 February 28
Board of Appeals November January February March 1 February 28 Planning Commission November January February March 1 February 28 Personnel Board November January February March 1 February 28

POLICY & PROCEDURE NO. 89

3 Board or Commission
Announce
Openings
1st available Council
Meeting in
Deadline for
Applications: 30
days
following
announcement
City Council
Appointments
1st available
Meeting in
Terms
Begin
Terms
Expire
Design Review Board November January February March 1 February 28 Parks, Recreation & Open
Space Commission March May June July 1 June 30
Community Services
Commission March May June July 1 June 30
Concord Pleasant Hill Health
Care District Grant
Committee
March May June July 1 June 30
Commission on Aging March May June July 1 June 30
Measure V Oversight
Committee
October November December January 1 December 31
Concord Pavilion Outreach
Committee
November January February March 1 February 28
Youth Members on the Parks, Recrea-
tion & Open Space Commission
Appointed annually by the Parks,
Recreation & Open Space Commission

6. 2 Scheduling may be operationally adjusted by the City Clerk.

COMMISSION ON AGING
Chapter 2.20

2.20.090 Established; membership; compensation of members.

There is hereby created a Commission on Aging which shall consist of not more than 11 voting members to be appointed by the City Council. Members of the Commission on Aging shall be residents of the city. At least 51 percent of the membership shall be over the age of 60 years. The basis and the amount of any compensation which may be paid to the members of the Commission on Aging shall be determined by resolution of the City Council. (Code 1965, § 2453; Code 2002, § 2-321. Ord. No. 91-1; Ord. No. 92-19)

2.20.100 Purpose and intent.
(a) The city desires to act as a line of communication between its senior citizen population, public and private organizations, and other advisory bodies to assure that government action is responsive to the needs of older persons.
(b) There is a need to establish a visible and officially responsible body within the city to:
(1) Encourage county and state agencies to identify unmet needs of older persons and available resources by providing a means for citywide planning in coordination of individuals and groups interested in improving and developing services and opportunities for senior citizens.
(2) Plan, promote, and recommend changes to the existing programs and laws that have a direct bearing on the dignity, freedom, and security of older persons to independently manage their own lives.
(3) Enlist the participation of community groups and individuals in implementing actions which improve resources.
(Code 1965, § 2454; Code 2002, § 2-322. Ord. No. 91-1)

2.20.110 Terms of members; absence from meetings.

Members shall serve at the pleasure of the City Council for staggered terms of four years. The City Council reserves the right to make appointments for an adjusted term period to maintain a Attachment 2

staggered term structure. Any member who absents himself from three meetings of the Commission on Aging within a fiscal year without being excused will be deemed to have resigned from his appointment, and the City Council may appoint a new member to serve in place of the resigned member.
(Code 1965, § 2455; Code 2002, § 2-323. Ord. No. 91-1; Ord. No. 10-2; Ord. No. 15-3, § 2)

2.20.120 Rules of procedure; designation of committees and task forces.

The Commission on Aging shall adopt rules of procedure on the conduct of its business and may designate ad hoc committees and ad hoc task forces composed of its membership. (Code 1965, § 2456; Code 2002, § 2-324. Ord. No. 91-1)

2.20.130 Vacancies.

All vacancies occurring on the Commission on Aging shall be filled according to the method of their original selection and the new member shall serve at the pleasure of the City Council for the unexpired term of their respective predecessors.
(Code 1965, § 2457; Code 2002, § 2-325. Ord. No. 91-1)

2.20.140 Powers and responsibilities.

The Commission on Aging shall have the responsibility of carrying out the following functions:
(1) Attend and participate in the county Advisory Council on Aging subcommittees to identify the unmet needs of older persons and evaluate the effectiveness of existing programs and laws.
(2) Act as a resource to all city boards and commissions. The Commission on Aging members will attend the meetings of those boards and commissions as needed. (3) Develop an annual work program establishing short- And long-term goals in order of priority which will be effective upon approval of the City Council. (4) Such other functions that the City Council may, from time to time, designate. (Code 1965, § 2458; Code 2002, § 2-326. Ord. No. 91-1)

COMMUNITY SERVICES COMMISSION
CHAPTER 2.20

ARTICLE IV

2.20.150 Established; membership; compensation of members.

There is hereby created a Community Services Commission, which shall consist of not more than seven members to be appointed by the City Council. Members of the Commission shall be residents of the city or the city’s sphere of influence who hold no other municipal office in the city. The members shall be representative of the general public and the religious, racial, age, sex, disabled, and ethnic groups in the city. The basis and amount of compensation which may be paid to the members of the Commission shall be set by resolution of the City Council. (Code 1965, § 2434; Code 2002, § 2-351. Ord. No. 87-35; Ord. No. 91-2; Ord. No. 92-19; Ord.

No. 05-7; Ord. No. 15-3, § 3)

2.20.160 Purpose and intent.

The city seeks to develop a viable urban community in the city, including providing decent housing and a suitable living environment with expanded economic opportunities for its residents. To carry out this objective, the city maintains programs to fund housing efforts, neighborhood public improvements, and community services. There is a need to establish a visible and officially responsible commission within the city to:
(1) Assess need in the community for assistance to these programs; (2) Advise the City Council on the allocation of resources to programs addressing identified needs; and
(3) Evaluate and monitor the performance of such programs. (Code 1965, § 2435; Code 2002, § 2-352. Ord. No. 87-35)

2.20.170 Terms of members; absence from meetings.

Members shall serve at the pleasure of the City Council for staggered terms of four years. The City Council reserves the right to make appointments for an adjusted term period to maintain a staggered term structure. Any member who absents himself from three meetings of the Community Services Commission within a fiscal year without being excused will be deemed to Attachment 3

have resigned from his appointment, and the City Council may appoint a new member to serve in place of the resigned member.
(Code 1965, § 2436; Code 2002, § 2-353. Ord. No. 87-35; Ord. No. 91-2; Ord. No. 10-2; Ord.

No. 15-3, § 4)

2.20.180 Rules of procedure; designation of committees and task forces.

The Community Services Commission shall adopt rules of procedure on the conduct of its business and may designate, by resolution, committees and task forces. Such resolutions shall not be effective until approved by the City Council.
(Code 1965, § 2437; Code 2002, § 2-354. Ord. No. 87-35; Ord. No. 91-2)

2.20.190 Vacancies.

All vacancies occurring on the Commission shall be filled according to the method of their original selection, and the new members shall serve at the pleasure of the Council for the unexpired term of their respective predecessors.
(Code 1965, § 2438; Code 2002, § 2-355. Ord. No. 87-35; Ord. No. 91-2)

2.20.200 Powers and responsibilities.

The Commission shall have the responsibility of carrying out the following functions:
(1) Evaluate the needs of the community for housing, neighborhood improvement, and community services;
(2) Analyze alternative ways to meet identified needs in light of the available resources and other possibilities for coordination and cooperation with private funding sources and other public agencies;
(3) Recommend an annual budget to the City Council for the expenditure of general fund monies for human services and the expenditure of federal community development block grant monies for a variety of projects;
(4) Evaluate and monitor the performance of human service funded agencies and community development block grant projects; and
(5) Such other functions that the City Council may from time to time designate.

- 1 -
Concord/Pleasant Hill Health Care District Grant Committee:

Purpose & Responsibilities

1. Purpose: The purpose of the Concord/Pleasant Hill Health Care District (CPHHCD) Grant Committee is to review applications from local agencies that provide programs that promote health access or healthy lifestyles, and make funding recommendations to the District’s Board of Directors (City Council).

2. Committee Responsibilities: The Committee has the following responsibilities:

2.1 Review and rank applications received from local agencies using established criteria.

2.2 Participate in funding discussions during Committee Meetings.

2.3 Attend presentations by applicants.

2.4 Make funding recommendations to the District’s Board of Directors (City Council)

3. Committee Composition: The Grant Committee shall consist of seven members; five members from the City of Concord and two members appointed by the City of Pleasant Hill.

The following rules apply to all members:

3.1 All members shall be at least 18 years of age and reside within Concord (if representing Concord) or Pleasant Hill (if representing Pleasant Hill);

3.2 Committee members may not be current employees or City Council members of Concord or Pleasant Hill , or any vendor, contractor or consultant with active contracts or agreements with the City of Concord or Pleasant Hill;

4. Committee Member Terms of Office: Four-year terms from July 1 through June 30, with two-year terms beginning in 2017 to initiate staggered terms.

5. Committee Organization and Use of Existing City of Concord Practices: The Grant Committee shall follow all relevant existing City practices in terms of organization and conduct.

Specifically:

5.1 Elect the Chair and Vice Chair,

5.2 Operate in accordance with the Ralph M. Brown Act,
Attachment 4

- 2 -

5.3 Operate in accordance with City of Conc ord Policy & Procedure 89, Counc il Appointments to Boards and Commissions, except where the CPHHHCD Grant Committee Resolution specifically addresses a topic,

5.4 Operate in accordance with City of Concord Administrative Directive No. 43, Ethics, Training for Elected Officials; Appointees to Certain Boards, Commissioners, and Committees; and Designated Employees,

5.5 Comply with all State and local mandated conflict of interest/economic interest disclosure requirements,

5.6 Receive no compensation for service on the Committee.

6. Committee Meeting Schedule: The Committee will meet from September through June. The exact meeting schedule will fluctuate during the grant funding cycle. During a funding year, the Committee typically meets monthly beginning in September, more frequently (3-4 times per month) from January-March, and monthly April-June. On the off year the Grant Committee meets in April to make funding recommendations for the coming year and as necessary in other months. All meetings will be held at Concord City Hall, 1950 Parkside Drive, Concord, unless the Committee chooses an alternative location for select meetings.

Funding recommendations will be approved by the Concord City Council sitting as the Concord/Pleasant Hill Health Care District annually in May or June.

PARKS, RECREATION AND OPEN SPACE COMMISSION
CHAPTER 2.20

ARTICLE VI

2.20.260 Established; membership; compensation of members.

There is hereby created a Parks, Recreation and Open Space Commission (PROC), which shall consist of five (5) adult voting members and two (2) youth voting members. The adult voting members are appointed by the City Council. The Youth voting members are appointed by a selection task force composed of the adult members of PROC and confirmed by the City Council. The adult members of the PROC shall be residents of the city who hold no other municipal office in the city. The youth members must be between the ages of 13 and 21 at the time of their appointment, shall be residents of the city or attend school in the city and may be part-time seasonal employees of the city. The basis and amount of compensation which may be paid to the Parks, Recreation and Open Space Commission shall be by resolution of the City Council.
(Code 1965, § 2429; Code 2002, § 2-411. Ord. No. 87-35; Ord. No. 01-7; Ord. No. 05-7)

2.20.270 Terms of members; absence from meetings.

Members shall serve at the pleasure of the City Council for staggered terms of four years. The City Council reserves the right to make appointments for an adjusted term period to maintain a staggered term structure. Youth members shall serve at the pleasure of the City Council for one year, effective September 1st and ending June 30th of the following year. Any member who absents himself from three meetings of the Parks, Recreation and Open Space Commission within a fiscal year without being excused will be deemed to have resigned his office, and the City Council may appoint a new member to serve in the place of such absent member. (Code 1965, § 2430; Code 2002, § 2-412. Ord. No. 87-35; Ord. No. 01-7; Ord. No. 05-7; Ord.

No. 10-2; Ord. No. 15-3, § 6)

2.20.280 Rules of procedure; designation of committees and task forces.

The Parks, Recreation and Open Space Commission shall adopt rules of procedure on conduct of its business and may designate committees and task forces. These committees and task forces Attachment 5

maybe composed of youth designated to study issues and provide findings to the PROC or provide voluntary service to the city.
(Code 1965, § 2431; Code 2002, § 2-413. Ord. No. 87-35; Ord. No. 01-7; Ord. No. 05-7)

2.20.290 Vacancies.

All vacancies occurring on the Parks, Recreation and Open Space Commission shall be filled according to the method of their original selection, and the new members shall serve at the pleasure of the Council for the unexpired terms of their respective predecessors. (Code 1965, § 2432; Code 2002, § 2-414. Ord. No. 87-35; Ord. No. 01-7)

2.20.300 Powers and responsibilities.

The Parks, Recreation and Open Space Commission shall have the responsibility of carrying on the following functions:
(1) Act in advisory capacity to the City Council in matters pertaining to public parks, open space, recreation, and issues pertaining to youth;
(2) Consult, cooperate, and maintain contact with other public agencies, community organizations, and private persons engaged in recreation programming, park and open space planning, and youth services;
(3) Review and assist in the promotion of recreational, park, open space, and youth programs;
(4) Review and recommend to the City Council, plans submitted for development of, modification of, and/or improvements to the city parks system; (5) Assess parks, recreation, open space and youth services needs and develop goals and objectives for meeting these needs;
(6) Review and recommend to the City Council on capital improvements projects and fees related to parks, recreation, and open space; and
(7) Such other duties as the City Council may direct.
(Code 1965, § 2433; Code 2002, § 2-415. Ord. No. 87-35; Ord. No. 01-7; Ord. No. 05-7)

Staff Report
Date: April 1, 2025
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Mindy Gentry, PE, Director of Community Development Carlton Thompson, PE, City Engineer
Bruce Davis, PE, CIP Manager
Prepared by: Deyuanne Lei, PE, Associate Civil Engineer [email protected]
(925) 671-3049
Subject: Considering the following actions:

1. Award of a construction contract in the not-to-exceed amount of $261,522 to DC Electric Group, Inc., authorizing staff to utilize the available project contingency for contract change orders up to an additional 20% of the contract
amount for the Rectangular Rapid Flashing Beacons
(RFFB) Crosswalk Enhancements (Project No. 2696) at nine locations; and authorizing the Mayor to execute the
contract in a form acceptable to the City Attorney (Funded by HSIP Grant Funding, Fund 402, and Measure J, Fund
475);

2. Acceptance and appropriation of $50,016 of Highway Safety Improvement Program (HSIP) Grant funds (Fund 402) from
the State of California (State) for Project No. 2696;

3. Approval of a budget transfer and appropriation of $190,000 from Monument Boulevard Signal Upgrade (Project No.
2578) to Project No. 2696 (Funded by Measure V, Fund 407); and

4. Authorizing the City Engineer to accept the improvements upon completion of Project No. 2696, and directing the City Clerk to file a Notice of Completion.

5.a5.a5.a5.a

City Council Agenda Report
Agenda Item No. 5.a
April 1, 2025
CEQA: Not a project/exempt per CEQA Guidelines Sections 15060 (c), 15061 (b)(3), 15273, 15378, 15301, 15302, 15303, 15304, and Public Resources Code (PRC) Section 21065.

Report in Brief
The RRFB Crosswalk Enhancements (Project No. 2696) will enhance pedestrian safety by upgrading nine (9) existing, uncontrolled crossing locations with flashing beacon systems (Project) (Attachment 1).

The City of Concord (City) was awarded a Highway Safety Improvement Program (HSIP) Cycle 11 Grant of $249,984 for the construction phase of the Project in March 2023. On June 25, 2024, Council accepted and appropriated the HSIP grant funds for the Project.

The Project has been designed and competitively bid and is ready for construction contract award. However, bids received were higher than the Project’s allocated construction budget. As a result, staff requested additional HSIP grant funding of $50,016 to cover the construction budget shortfall. In February 2025, California Department of Transportation (Caltrans) approved the City’s additional HSIP grant funding request for the Project.

Soft costs including design engineering, consultant construction management, staff time, project contingency, and administrative work were not originally budgeted for the Project. To cover these costs, staff recommends adding funds to the Project through a budget transfer from a recently completed project (Monument Blvd. Signal Upgrade project), which was completed under budget.

With approval of the actions before Council in the staff report, the Project will be fully funded and commence construction in spring 2025 with completion in summer 2025.

Recommended Action

1. Award of a construction contract in the not-to-exceed amount of $261,522 to DC Electric Group, Inc., authorizing staff to utilize the available project contingency for contract change orders up to an additional 20% of the contract amount for the Rectangular Rapid Flashing Beacons (RRFB) Crosswalk Enhancements (Project No. 2696) at nine locations; and authorizing the Mayor to execute the contract in a form acceptable to the City Attorney (Funded by HSIP Grant Funding, Fund 402 and Measure J, Fund 475);

2. Acceptance and appropriation of $50,016 of Highway Safety Improvement Program (HSIP) Grant funds (Fund 402) from the State of California (State) for Project No. 2696;

City Council Agenda Report
Agenda Item No. 5.a
April 1, 2025

3. Approval of a budget transfer and appropriation of $190,000 from Monument Boulevard Signal Upgrade (Project No. 2578) to Project No. 2696 (Funded by Measure V, Fund 407); and

4. Authorize the City Engineer to accept the improvements upon completion of Project No. 2696, and direct the City Clerk to file a Notice of Completion.

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

Background
On September 12, 2022, the City applied to Caltrans for HSIP grant funding for RRFB Crosswalk Enhancements (Project No. 2696) to install RRFBs at nine (9) intersections throughout the City. The City requested $249,984 in HSIP funds for project construction, with the City contributing $47,616 of Measure J funds (Fund 475), in order to meet a maximum funding reimbursement ratio of 90%, for a total construction project cost of $297,600.

Below are the nine (9) intersections where the RRFBs are proposed to be installed (Attachment 1):
• Claycord Avenue & Innwood Court
• Mendocino Drive & Orangewood Court
• Esperanza Drive & Moretti Drive
• Alberta Way & Academy Road
• Washington Blvd & Kelrose Court
• Solano Way & Hilltop Road
• N. 6th Street & Reva Drive
• N. 6th Street & Bonifacio Street
• Olivera Road & Sanford Street
On March 15, 2023, Caltrans notified the City that the HSIP grant application was approved by the State for construction funding.

The design is partially funded by Measure J funds (Fund 475) and the remainder will be paid from a portion of the budget transfer from the Monument Boulevard Signal Upgrade (Project No. 2578). On February 14, 2024, a task order was awarded to Advanced Mobility Group (AMG) to provide design services for the Project. The design was completed in April 2024.

City Council Agenda Report
Agenda Item No. 5.a
April 1, 2025
On April 23, 2024, the City submitted the Request for Funding Allocation to Caltrans for construction, which was approved and allocated on May 23, 2024.

On June 25, 2024, Council accepted and appropriated $249,984 HSIP grant funding for construction of the Project.

On July 11, 2024, the Program Supplement Agreement was signed and completed by both the City and Caltrans.

Procurement Process
Construction Contract
The Project was advertised for construction bids as required by state law and City policy with the engineer’s estimate for the base bid at $232,500. Bids were opened on July 11, 2024. Six (6) bids were received in the amounts between $249,000 and $352,100. The lowest bidder, Zara Construction, sent an email to staff prior to the bid opening to withdraw their bid due to an error on their bid documents; therefore, rendering DC Electric Group, Inc. (DC Electric) of Cotati, CA as the lowest effective bidder at $261,522. A summary of the three lowest bids is as follows (Attachment 2):

BID

SCHEDULE
Engineer's
Estimate
DC Electric Tennyson
Electric
Ray’s Electric
Base Bid $232,500 $261,522 $262,950 $276,674
DC Electric was the low bidder and submitted a responsive and responsible bid. DC Electric has an appropriate and valid contractor’s license and satisfactory work references. Staff completed analysis of DC Electric’s bid, determining that this firm, along with its subcontractors, possess appropriate and valid licenses, and are not on any debarred lists. DC Electric is registered with the Department of Industrial Relations as required by Senate Bill (SB) 854.

Analysis
The City received higher bids for construction than initially budgeted, with a construction cost shortfall of $29,022. In addition, in June 2024 the City reached out to suppliers for quotes for the equipment costs which also came in higher than initially budgeted. The lowest material quote came in at $113,150.06, compared to an initial materials budget of $65,100; therefore, having a materials cost shortfall of $48,050.06. There are insufficient funds to award the construction contract and equipment costs, at a total project shortfall of $77,072.06. A summary of the construction budget shortfall is as follows:

Engineer’s
Estimate
Bid/Quote Cost Cost Shortfall

City Council Agenda Report
Agenda Item No. 5.a
April 1, 2025
Construction Phase
Construction Cost $232,500.00 $261,522.00 $29,022.00
Materials Cost $65,100.00 $113,150.06 $48,050.06
TOTAL $297,600.00 $374,672.06 $77,072.06
From July 2024 through December 2024, the City underwent multiple iterations with Caltrans to resolve the construction budget shortfall. At the direction of Caltrans, on December 17, 2024, staff submitted a request for $77,072.06 in additional HSIP grant funds to cover the budget shortfall. On February 18, 2025, Caltrans notified the City that an additional $50,016 in HSIP grant funds would be approved, which is the maximum amount due to the cap of 20% set-aside allowed for this project type.

The City is contributing the remaining $27,056.06 from local funds through the proposed budget transfer, which is discussed below. If approved, the construction of the Project will be fully funded.

However, the Project’s initial budget was for construction only due to the grant submittal. Money is also needed to support the project’s soft costs, which include design engineering, consultant construction management, staff time and administrative work, and for the construction contingency. The estimated total needed to fully fund the soft costs for the Project is $162,943.94. Staff is proposing to cover these costs with a budget transfer as well.

Therefore, the total budget transfer proposed is $190,000 to cover both the City share of the construction costs, soft costs, and the project contingency.

Financial Impact & Budget Transfer Required
Appropriation of the additional $50,016 in HSIP grant funding (Fund 402) and the transfer of $190,000 from the completed Monument Boulevard Signal Upgrade project (Project No. 2578) (Measure V, Fund 407) will fully fund the Project, which includes a contingency for contract change orders up to an additional 20% of the contract amount.

A summary of the original budget, forecast to complete, and total funding costs for the Project is as follows:

Activity
Original
Budget ($)
Forecast to
Complete ($) Total ($)
Description 1 2 3 4 5
Local Grant Local Grant (1+2+3+4)
Design Engineering 2,384 25,516 27,900

Construction Engineering 0 40,000 40,000

City Council Agenda Report
Agenda Item No. 5.a
April 1, 2025
Grant: Construction Phase
(Construction Cost +
Materials) 47,616 249,984 27,056 50,016 374,672
Construction Contingency
(20%) 0 52,304 52,304

Staff Time 0 25,000 25,000
Cost Recovery &
Administrative Overhead 0 20124 20,124
Total 50,000 249,984 190,000 50,016 540,000

Funds Appropriated
Source
Fund 475 Measure J $50,000
Grant - Fund 402 Capital
Projects-Reimburs $249,984 Total Project Cost $540,000 Grant - Fund 402 Capital
Projects-Reimburs
(Additional to Appropriate) $50,016 Appropriations $350,000

Total $350,000 Balance ($190,000)
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”), the award of the contract, funding appropriation, and a budget transfer do not constitute a “project” within the meaning of Public Resources Code Section 21065, 14 Cal Code Regs. Sections 15060(c), 15273, 15378, as it has no potential for resulting in a direct or reasonably foreseeable indirect physical change in the environment and/or the activities consist of creation of government funding mechanisms or other government fiscal activities which do not constitute a “project”. Even if the award of the contract, funding appropriation, and a budget transfer did constitute a project under CEQA, it 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 environment.” In the alternative, award of this contract, the funding appropriation, and budget transfer are exempt under 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, as it involves de minimus construction of concrete sidewalk, landscaping, traffic signal equipment, striping, and

City Council Agenda Report
Agenda Item No. 5.a
April 1, 2025
paving work. No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 applies. This determination reflects the City’s independent judgement and analysis. The Notice of Exemption will be filed with the County Clerk’s office following the Council award of the construction contract.

Public Contact
The City Council Agenda was posted.

Attachments

1. Project Location Map

2. Bid Summary

3. Construction Contract

Attachment 1
Project Location Map
HSIP Cycle 11 – RRFB Crosswalk Enhancements
City Project No. 2696

City of Concord
Bid Sheet
PROJECT #2696 Bid Opening:

HSIP RRFB CROSSWALK

ENHANCEMENTS

THURSDAY,
JULY 11, 2024
2:00 p.m.

Garden Conference Room
Engineer’s Estimate: $232,500 To be awarded:

COMPANY TOTAL BID
Zara Construction Inc
Sacramento, CA
$249,000.00
DC Electric Group, Inc
605 W. Sierra Ave
P.O. Box
Cotati, CA 94931
$261,522.00
Tennyson Electric LLC
7275 National Drive Ste A2
Livermore CA 94550
$262,950.00
Ray’s Electric
411 Pendleton Way Suite B
Oakland, CA 94621-2115
$276,674.00
Columbia Electric Inc
1980 Davis Street
San Leandro, CA 94577
$278,470.00
Bear Electrical Solutions
P.O. Box 924
Alviso, CA 95002
$352,100.00
Contact: Deyuanne Lei x3049
Attachment 2

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CONTRACT
THIS CONTRACT, made and entered into this April 1, 2025, between the CITY OF CONCORD, a general law city in Contra Costa County, California, hereinafter called "City", and DC Electric Group, Inc., 605 W. Sierra Avenue, Cotati, CA, 94931 , hereinafter called "Contractor", for HSIP RRFB Crosswalk Enhancements, Project No. 2696.

1. That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by City, and under the conditions expressed in the two bonds attached hereto, the Contractor agrees with the City, at its his own cost and expense, to do all the work and furnish all the materials, except such as may be furnished by the City, as set forth in the Specifications, necessary to construct and complete in a good, workmanlike and substantial manner and to the satisfaction of the City the following work: mobilization, traffic control, storm water pollution control, curb ramp installation, signing, traffic striping and markings, rectangular rapid flashing beacon, traffic signal modification; and all other work shown on the Plans and such other items or details that are required by the Plans, and specified in the Special Provisions, and also in accordance with all provisions of the 2023 edition of the State Standard Specifications, which said Special Provisions and State Standard Specifications are hereby specially referred to and by such reference made a part hereof.

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

2. The Contractor agrees to receive and accept $261,522 as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this agreement; also for all loss or damage, arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstruction which may arise or be encountered in the prosecution of the work until its acceptance by the City, and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work, and the whole thereof, in the manner and according to the Plans and Specifications, and the requirements of the Engineer under them.

3. The City hereby promises and agrees with the Contractor to employ, and does hereby employ, the Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the price aforesaid, and hereby contracts to pay the same at the time, Attachment 3

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in the manner and upon the conditions as provided; and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained.

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

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

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

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

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

9. If any term of the Contract Documents (including any phrase, provision, covenant, or condition) is held by a court of competent jurisdiction to be invalid or unenforceable, the Contract Documents shall be construed as not containing that term, and the remainder of this Agreement shall remain in full force and effect; provided, however, this section shall not apply to the extent that enforcement

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of the Contract Documents without the term would be grossly inequitable under all the circumstances or would frustrate the purposes of the Contract Documents.

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

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

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

DC Electric Group, Inc.
a California corporation
By:___________________________________
Tim Carter, Regional Vice President

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

By:__________________________________
City Attorney
ATTEST:

By:__________________________________
City Clerk

FINANCE DIRECTOR FUND CERTIFICATION

GL CODE ACCOUNT CODE AMOUNT
402-9500-C999-74200 402-2696-215-74200 $261,522.00

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

Director of Finance

Staff Report
Date: April 1, 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: Aldrich Bautista, PE, Associate Civil Engineer [email protected]
(925) 671-3028
Subject: Considering accepting traffic signal fiber optic cable improvements for the Clayton Road Traffic Operation
Improvement, Phase 1 (Project No. 2547) located on Clayton Road Between Sutter and Market Streets; and directing the City Clerk to file a Notice of Completion.

CEQA: Previously determined to be categorically exempt
pursuant to CEQA Guidelines Sections 15301, 15302, 15303, and 15304.

Report in Brief
DV Electric Co. of San Jose, CA (Contractor) has completed all work associated with the Clayton Road Traffic Operation Improvement, Phase 1 (Project No. 2547) (Project) and has provided the required one-year construction warranty bond and is now ready for project acceptance.

The Project involved the installation of interconnected fiber-optic cable on Clayton Road, between Sutter and Market Streets, to help improve real-time traffic monitoring, central communications, and incident management. See Attachment 1 for Project location map.

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City Council Agenda Report
Agenda Item No. 5.b
April 1, 2025
Recommended Action
Accept traffic signal fiber optic cable improvements for the Clayton Road Traffic Operation Improvement, Phase 1 (Project No. 2547) located on Clayton Road between Sutter and Market Streets, and directing the City Clerk to file a Notice of Completion.

Background
On November 9, 2021, the City Council (Council) awarded the Project construction contract to Contractor in the amount of $439,182.55. Construction for the Project began in August 2023.

The Project involved the installation of interconnected fiber-optic cable on Clayton Road, between Sutter and Market Streets, as shown on Attachment 1. Work also included installing new fiber-optic pull boxes, connecting fiber-optic cables into traffic signal cabinets, and connecting to existing fiber-optic interconnect at Clayton Road/Sutter Street and Willow Pass Road/Pine Street intersections.

The Project has improved real-time traffic monitoring, central communications, and incident management.

Construction for the Project was completed within the allocated budget but the Contractor exceeded the allotted working days. The construction documents provide for liquidated damages at the rate of $3,000 per day for exceeding the allotted working days. The Contractor missed the allotted timeframe by seventy-six (76) days due to a lack of labor and material delays. This delay amounted to $228,000 in liquidated damages, which was deducted from the contract total.

Analysis
The Contractor has completed all improvements required by the Project and City staff has inspected the work, which is in compliance with the Project plans and specifications. The Contractor has provided the 10% warranty bond, which guarantees the work from material and workmanship defects for one (1) year.

Financial Impact
The construction contract was completed in the amount of $223,232.43, which is under the original construction contract amount of $439,182.55, due to liquidated damages that were assessed. The 10% contingency in the amount of $43,918.25 was not used.

The total budget for the Project was $639,900, which included design, project management, construction costs and was funded by PEG Fees Fund (Fund 225) Measure V Funds (Fund 401 and 407).

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,

City Council Agenda Report
Agenda Item No. 5.b
April 1, 2025
Title 14, Chapter 3 of the California Environmental Quality Act (collectively “CEQA”), Project No. 2547 was previously determined to be categorically exempt from CEQA pursuant to CEQA Guidelines Sections 15301 “Existing Facilities”, 15302 “Replacement and Reconstruction” 15303 “New Construction or Conversion of Small Structures,” and 15304 “Minor Alterations to Land” as the project includes construction on existing streets involving the installation of conduits, pull boxes, fiber optic cables, and splice enclosures. No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. Therefore, Project No. 2547 does not warrant further environmental. This determination reflects the City’s independent judgment and analysis.

The Notice of Exemption was filed on November 12, 2021, 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 Map

2. Notice of Completion

Attachment 1

PROJECT LOCATION MAP
Clayton Road Traffic Operation Improvements—Phase 1
Project No. 2547
Project Location Page 4 of 5

RECORDING REQUESTED BY AND WHEN
RECORDED MAIL TO:

City Clerk
City of Concord
1950 Parkside Drive MS/03
Concord, CA 94519
APN(s): __ _n/a
(Space Above This Line for Recorder’s Use Only)
[Exempt from recording fee per Gov. Code § 27383]

NOTICE OF COMPLETION
(Cal. Civ. Code §§ 8180-8190, 8100-8118, 9200-9208)
A. The City of Concord, a California municipal corporation, entered into a written contract with DV Electric Co. (Contractor) dated November 9, 2021. The surety on said contract is held by American Contractors Indemnity Company, Orange, CA 92868.

B. NOTICE IS HEREBY GIVEN THAT:
(1) The name and address of the owner or reputed owner are:

City of Concord, 1950 Parkside Drive, Concord, CA 94519-2578 (2) The name and address of the direct contractor are:

DV Electric Co., 3107 Capewood Lane, San Jose, CA 95132 (3) The name and address of the construction lender, if any, are:

Not applicable
(4) A description of the site sufficient for identification, including the street address of the site, if any, follows:

The real property herein referred to is situated in the City of Concord, County of Contra Costa, State of California, and is described as follows: Clayton Road (Sutter Street and Market Street). See attached Location Map.
(5) The name, address, and relationship to the parties of the person giving the notice:

City of Concord, a California Municipal Corporation, 1950 Parkside Drive, Concord, CA 94519; person giving notice and owner.
(6) The person giving this notice is not a claimant
(7) This notice is given for (check one):

X Completion of the work of improvement as a whole.
___ Completion of a contract for a particular portion of the work of improvement. If the notice is given only of completion of a contract for a particular portion of the work of improvement as provided in California Civil Code Section 8186, provide the following information:
(a) The name and address of the direct contractor under that contract: See item B(2), above. (b) A general statement of the work provided pursuant to the contract: See item A above. (8) If signed by the owner’s successor in interest, the name and address of the successor’s transferor:

Not applicable
(9) The nature of the interest or estate of the owner: Easement (10) The date of completion: April 1, 2025
I, Carlton Thompson, PE, say I am the City Engineer for the City of Concord, owner of the aforesaid interest or estate in the property described in the above Notice of Completion, and as such, make this verification on behalf of City of Concord; and that I have read the above Notice of Completion and know the contents thereof and that the facts stated therein are true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on ___________________________, 20____, at
Concord, California
______________________________________
Carlton Thompson, PE, City Engineer (Signature)
ATTEST:
______________________________________
Joelle Fockler, MMC
City of Concord City Clerk
Attachment 2

Staff Report
Date: April 1, 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: Aldrich Bautista, PE, Associate Civil Engineer [email protected]
(925) 671-3028
Subject: Considering approval of Streambed Alteration Agreement Notification No. 1600-2017-0582-R3 with the California
Department of Fish and Wildlife for Newhall Park Water Quality Improvement (Project No. 2353) located at 1351 Newhall
Parkway, and authorizing the City Engineer to execute the agreement in a form acceptable to the City Attorney.

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

Report in Brief
The Newhall Park Water Quality Improvement (Project No. 2353) will improve the water quality at two ponds in Newhall Park by dredging out accumulated sediment (Project).

A Streambed Alteration Agreement between the City and the California Department of Fish and Wildlife (CDFW) is needed in order to perform this work.

Recommended Action
Approve Streambed Alteration Agreement Notification No. 1600-2017-0582-R3 with the California Department of Fish and Wildlife, authorize the City Engineer to execute the agreement in a form acceptable to the City Attorney, and make the CEQA determinations as provided in this staff report.

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City Council Agenda Report
Agenda Item No. 5.c
April 1, 2025
Background
The Project will improve the water quality at the ponds at Newhall Park which serves as irrigation water storage for the park. Staff and park visitors have noted reports of poor water quality at the two ponds in Newhall Park including foul odors and discoloration.

Poor water quality conditions have potential negative health impacts to wildlife and sediment infill at the irrigation inlets may affect the ability to irrigate Newhall Park. The vicinity map for the Project is shown as Attachment 1.

The adopted the Capital Budget for Fiscal Years (FY) 2015-16 and 2016-17, which included funding for preliminary studies, the environmental and permit phase for the Project. A total of $750,000 was allocated with $425,000 for FY 2015-16 and $325,000 for FY 2016-17.

In FY 2015-16, staff evaluated the water quality conditions, developed recommendations, and began the permitting process. On April 26, 2019, an Agreement for Professional Services was executed with Nomad Ecology, LLC to acquire regulatory permits from the United States Army Corps of Engineers (USACE), CDFW, and the San Francisco Bay Regional Water Quality Control Board (Water Board) on behalf of the City. Permits for dredging were acquired in 2021 from USACE and Water Board.

On May 24, 2022, the City Council approved a Task Order for $90,451 with LCC Engineering and Surveying, Inc. for design engineering and related services for the Project. During the design phase, the estimated construction cost was found to far exceed the project budget. The Project was put on hold until additional funds could be obtained.

The Capital Budget for FYs 2024-25 and 2025-26 included an additional $1,000,000 of Measure V funding for the construction phase for the Project allowing it to move forward. An additional Task Order for $64,400 was issued to LCC Engineering and Surveying, Inc. to complete the design.

Analysis
The purpose of the Streambed Alteration Agreement with CDFW is to ensure the protection and preservation of applicable vegetation and wildlife while these construction activities are performed.

The preliminary schedule calls for design to be complete in April 2025 and upon completion, staff will advertise for construction bids. Construction is anticipated for summer 2025.

Financial Impact
The current project budget is $1,750,000, which is comprised of previously appropriated Measure Q and Measure V funds (Fund 401 and Fund 490). Based on the estimated

City Council Agenda Report
Agenda Item No. 5.c
April 1, 2025
cost, sufficient funds exist in the current budget to fully fund the design and construction.

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”), this permit activity does not constitute a “project” within the meaning of Public Resources Code Section 21065, 14 Cal Code Regs. Section 15060(c)(2) and/or CEQA Guidelines Section 15378 because there is no potential that it will result in a direct or reasonably foreseeable indirect physical change in the environment. Even if the activity did constitute a project under CEQA, 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.” Therefore, this action 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 City Council Agenda was posted.

Attachments

1. Project Location Map

2. Streambed Alteration Agreement Notification No. 1600-2017-0582-R3

Attachment 1
Project Location Map
Newhall Park Water Quality Improvement – Project No. 2353 Work Area

Attachment 2

Staff Report
Date: April 1, 2025
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Mark Bustillos, Chief of Police
Prepared by: Matthew Cain, Police Lieutenant
[email protected]
(925) 673-5865
Subject: Considering adoption of a Resolution approving an exception to the 180-day waiting period to hire a California Public Employees’ Retirement System (CalPERS) retiree, to work in 911-dispatch, 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
Tamra Roberts ("Roberts") retired from the City of Concord ("City") in the position of Police Lieutenant, effective November 24, 2024. The City desires to hire Mrs. Roberts as an at-will retired annuitant limited-duration extra-help employee, effective April 2, 2025. Ms. Roberts will serve as a limited-duration extra-help dispatcher for the Police Department’s Communications Center. 911 dispatch is a critical city system. Ms.

Roberts is trained to perform this role, and the assistance is necessary as the Department is training a number of new dispatchers that cannot yet work independently, so there is a current staffing shortage.

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

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City Council Agenda Report
Agenda Item No. 6.a
April 1, 2025
needed position sooner than 180 days. Government Code Section 7522.56 also requires the appointment to be approved by the CalPERS employer's governing body in a public meeting and approved as an action item, rather than on a consent calendar.

Recommended Action
Adopt a resolution approving an exception to the 180-day waiting period to hire a California Public Employees’ Retirement System Retiree (CalPERS) retiree in accordance with Government Code Sections 7522.56 and 21224 and make the CEQA determination as provided in this staff report.

Background
The Concord Police Department ("CPD") Communications Center currently has 17 full- time positions. The Communications Center has one vacancy, and four employees in training. The employees in training cannot independently perform duties, requiring assignment to experienced staff that act as trainers. Additionally, there is one full-time cross-trained police officer who has been temporarily assigned to the Communications Center to assist with staffing, leaving a vacancy in the Field Operations Patrol Division.

This division is currently operating with 15 vacancies and 11 officers out on injury or other types of leave. Consequently, there is a strong community benefit in returning the officer assigned to dispatch back to patrol, which will be feasible with Ms. Roberts working in dispatch.

Mrs. Roberts is cross trained in dispatch operations and worked in the Communications Center on temporary assignments from April 11, 2005 to January 2, 2006, and February 19, 2010 to October 27, 2010. She also served as the Communications Supervisor from November 9, 2015, to June 18, 2018. Her extensive experience makes her uniquely qualified to assist with the immediate staffing needs in dispatch, enabling the reassignment of the full-time officer back to the Patrol Division.

Analysis
Mrs. Roberts retired after nearly 24 years of service with the City, with significant expertise in both field and dispatch operations. Her prior experience and training make her uniquely suited to fill the gaps in dispatch staffing and address current workload challenges.

Per Government Code Section 21224, Ms. Roberts’ Limited Service Public Safety Assistant position is allowed, subject to the following CalPERS requirements:1 1 Roberts 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 California Public Employee Retirement Law (“PERL”) and federal tax law. If Roberts 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 Roberts 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. 6.a
April 1, 2025
• Benefits: She 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 her 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 she works 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.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.

Duties of the Retiree
The full-time regular position that most closely matches the work Mrs. Roberts will be providing to the City as a Limited Service Public Safety Assistant is Police Dispatcher I, which duties include, and are not limited to:
• Receiving and prioritizing emergency and non-emergency calls for service. • Assigning calls to police units and coordinating with patrol supervisors regarding deployment of personnel.
• Accessing and updating information in various law enforcement systems and databases.
• Monitoring multiple radio channels and maintaining situational awareness for officer safety.
• Assisting with the training of entry-level dispatchers as required. • Provide necessary shift coverage, allowing trainers adequate time and resources to effectively assist trainees in completing the program. • Help reduce staffing shortages by covering shifts as necessary to ensure operational continuity.
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), which is found at https://www.calpers.ca.gov/docs/forms-publications/employment-after- retirement.pdf.

City Council Agenda Report
Agenda Item No. 6.a
April 1, 2025
Projected Timeline and Action Plan
• Start Date: April 2, 2025.
• Duration: Approximately 10-12 months, aligned with the anticipated completion of the training program for the current dispatcher trainees. • Action Plan:
▪ Cover shifts and reduce operational strain on current staff. ▪ Assist in mentoring trainees to expedite their transition to solo roles. ▪ Provide expertise to maintain service levels during peak periods and critical incidents.
• End Date: March 31, 2026.

Skill Set and Justification
Mrs. Roberts’ skill set includes:
• Experience in dispatch operations, including supervisory roles in the Communications Center.
• Knowledge of Concord’s dispatch procedures, policies, and systems. • Proven ability to mentor and train new employees.

Justification for hiring a retiree:
• Mrs. Roberts’ experience allows her to seamlessly integrate into the role, requiring minimal orientation.
• Using a retiree prevents further strain on existing staff, which could negatively impact service levels.
• This temporary assignment enables the full-time police officer currently assigned to dispatch to return to Field Operations Patrol Division, addressing critical staffing shortages.

Comparable Position
The duties Mrs. Roberts will perform most closely align with the Police Dispatcher I classification. The maximum monthly base salary for this position is $7,772.27 and the hourly equivalent is $44.84, and the minimum monthly base salary for this position is $2,860 and the hourly equivalent is $16.50 The City will pay Mrs. Roberts the maximum hourly rate for this position in the amount of $44.84.

Supervision
Mrs. Roberts will report directly to the Communications Center Supervisor within the CPD organizational structure. The Communications Center Supervisor reports to the Administrative Division Lieutenant.

City Council Agenda Report
Agenda Item No. 6.a
April 1, 2025
Financial Impact
There is no additional fiscal impact associated with this action as necessary funding is already budgeted within the CPD’s existing budget.

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. None of the activities has the potential to result 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.

2. Exhibit A: Employment Agreement/Contract/Appointment Document

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 (CalPERS) Retiree, to
Work in 911-Dispatch, 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, Tamra Roberts retired from the City of Concord in the position of Police Lieutenant, effective November 24, 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 May 23, 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 Tamra Roberts certify that Tamra Roberts has not and will not receive a Golden Handshake or any other retirement-related incentive; and WHEREAS, the City of Concord hereby appoints Tamra Roberts 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 April 1, 2025; and WHEREAS, the entire employment agreement, contract or appointment document between Tamra Roberts 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 maximum monthly base salary for this position is $7,772.27 and the hourly equivalent is $44.84, and the minimum monthly base salary for this position is $2,860 and the hourly equivalent is $16.50; and
WHEREAS, the hourly rate paid to Tamra Roberts will be $44.84; and WHEREAS, Tamra Roberts 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 Tamra Roberts 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 April 2, 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 April 1, 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 April 1, 2025.

Res. No. xx-xx 3
Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney

April 2, 2025
Tamra Roberts
4629 Knollpark Court
Antioch, CA 94531
Re: Offer of at-will retired annuitant limited duration extra help position Dear Tamra:

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 Public Safety Assistant. As discussed, this position offers an hourly rate of $44.84
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.).

Mrs. Tamra Roberts
April 2, 2025

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

Tamra, if you agree with this offer of an at-will retired annuitant limited duration extra help position, dated April 2, 2025, please sign and date below and return a copy of the signed and dated letter to me as soon as possible.

Sincerely,
Mark Bustillos
Chief of Police
Concord Police Department
cc: Human Resources Department
By my below signature, I, Tamra Roberts: (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/employment-after-retirement.pdf, which are based on California Public Employee Retirement Law (“PERL”) and federal tax law, (3) 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) 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) I 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

7.a

7.b