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See the annual Pearl Harbor Day Mt. Diablo Beacon Lighting Ceremony, Wednesday Dec. 7th

December 1, 2016 By Publisher Leave a Comment

Vietnam-era helicopters to do flyover above Cal-State East Bay Concord to kick-off event

On December 7th, Mount Diablo’s Beacon will be relit by survivors of Pearl Harbor. We invite you to attend the ceremony to pay tribute to the lives that were lost and honor our surviving veterans of Pearl Harbor.

The Sons & Daughters of Pearl Harbor Survivors, Chapter 5 are pleased to co-sponsor this 53rd Annual National Pearl Harbor Remembrance Day Ceremony with Save Mount Diablo.

“The Beacon lighting is a tribute to those individuals that lost their lives at Pearl Harbor”, says Earl “Chuck” Kohler, one of the few remaining survivors in Contra Costa County.

However, the ceremony is also an opportunity to honor the survivors. When those who experienced Pearl Harbor are gone, the history is lost with them.

The Beacon on Mount Diablo was originally installed and illuminated in 1928 to aid in trans-continental aviation. It is one of the four guiding beacons installed along the west coast by Standard Oil of CA and is the only one known to still be operational.

Pearl Harbor survivors push the button to light the beacon atop Mt. Diablo last year. Courtesy of Save Mt. Diablo.

After the attack on Pearl Harbor, the Beacon’s light was extinguished during the West Coast Blackout, for fear it may enable an attack on California. It stayed dark until Pearl Harbor Day 1964, when Fleet Admiral Chester Nimitz, Commander in Chief of Pacific Forces during World War II, relit the Beacon in a commemorative ceremony and suggested it be illuminated every December 7th to honor those who served and sacrificed.

Since that day, Pearl Harbor Veterans and their families have gathered every December 7th to see the Beacon light shine once again.

The Beacon now shines brighter than ever since it underwent an extensive restoration process in 2013 (thanks to a campaign led by Save Mount Diablo) to ensure it continues to shine for many more years. The Pearl Harbor Survivors would like to know that the Beacon will shine long after they are gone.

The Beacon is lit at sunset and shines all night on this single evening each year.

SUMMARY

What: Save Mount Diablo, the Sons & Daughters of Pearl Harbor Survivors Association and California State Parks will light the “Eye of Diablo”, the Beacon atop Mount Diablo to memorialize Pearl Harbor Day. As the number of Survivors has decreased over the years, the number of people attending the ceremony in honor of these heroes has increased, including many sons and daughters vital to organizing the service.

When: Wednesday, December 7th, 2016, Ceremony at 3:45 pm, Beacon Lighting at 5 pm

Where: The ceremony will be held in the Oak Room of the Library Building at the California State East Bay Concord Campus, 4700 Ygnacio Valley Road, Concord, CA 94521.

Directions: http://goo.gl/maps/jXhcW

Access: Parking is available on Campus and the ceremony will be held in the Oak Room (with extra seating in the Redwood Room)

SPECIAL NOTICE: Vietnam Helicopters will be kicking off the lighting with a fly-by over CSU EB Concord and Mount Diablo. Any Aviation News Units should contact Mark Maupin for flight path and time: (925) 876-1572 Maupin@vietnamhelicopters.org,

For more information about the Beacon Lighting Ceremony: please visit http://www.savemountdiablo.org/activities_events_beacon.html

Grayson, Torlakson differ, agree at Assembly District 14 candidates’ forum

October 24, 2016 By Publisher Leave a Comment

Candidates Mae Torlakson and Tim Grayson prepare to answer questions from Council President & CEO Kristin Connelly who served as moderator at the forum on October 13, 2016. Photo by Jake Brymner

By Nick Goodrich

On Thursday, October 13th, a candidates’ forum for Tim Grayson and Mae Torlakson in the East Bay’s 14th Assembly District (AD) was hosted at Concord’s Crowne Plaza by the East Bay Leadership Council. It included questions from the audience, and outlined the candidates’ positions on key issues and upcoming legislation. The forum also presented an opportunity for the two Democrats to lay out their priorities and goals, if elected to the 14th AD. Council President and CEO Kristin Connelly served as the moderator.

Grayson, a current member of the Concord City Council and former Mayor of Concord, said in his opening statement that he is focused on making positive changes that include fiscal responsibility.

“Our state leaders have lacked vision,” he stated, while promising to find ways to make changes that don’t include new taxes. “It’s their first practice to raise taxes, but we can’t continue to kick the can down the road.”

Torlakson is serving her third term on the Ambrose Recreation and Parks District, and is also a manager in the MESA program, which helps disadvantaged California students pursue careers in science, technology, engineering, and mathematics (STEM). Her top priority is education, and opened the forum by promising to pursue accessible and affordable education for all Californians.

When asked why she wanted serve in the State Assembly, Torlakson replied, “I want to help people. I especially want to help students all over California succeed in STEM…I will use my experience in education and the Ambrose Recreation and Parks District to find a quality of life for everyone, and help them pursue their California Dream.”

Torlakson also spoke on the issue of gun control, saying she would support “common sense gun regulations, background checks for all gun purchases, and closing the gun show loophole” if elected.

For his part, Grayson’s focus on fiscal responsibility was a major factor in his decision to run for Assembly. He cited his successful term as Mayor, during which he brought 1,700 jobs to the city and balanced its $90 million budget.

“I will focus on jobs, economic development, fiscal responsibility, education, and public safety,” he told the audience.

Continuing his statements on fiscal responsibility, Grayson promised to find effective ways to support schools in California that do not necessarily involve new taxes. His focus was more on finding out what is draining California’s current revenue streams, rather than generating more through taxation.

“It comes down to reform not just in the form of revenue, but what our unfunded liabilities and our debts are,” Grayson responded when asked how he would seek to reform the state’s education funding.

He used Proposition 30 as an example, calling it “nothing but a Band-Aid”, and that extensions of Prop 30 and similar propositions are “just bigger Band-Aids” that continue to tax Californians with less-than-effective results. Grayson supports more local control in education, allowing individual school boards to deal with problems on their own terms, with limited interference from the state.

Torlakson also supports local control, but unlike Grayson, promised to fight for increased funding that may involve new taxes if necessary.

When speaking on education funding, her focus was on getting the community to invest more in its students, which involves hiring quality teachers, increasing technology in schools, and attracting businesses to California graduates. She suggested a mentoring program that would increase the performance of California students.

Job growth in Contra Costa County was another area that the two candidates were asked to speak on. Grayson said that job growth was dependent on first accomplishing three things: minimizing the County’s debt, maximizing its economic development, and strengthening its infrastructure.

Then, he said, you support small business—which provide 36% of California’s jobs—by easing regulations and providing them with more resources and capital. By doing this, Grayson said, the County “will allow for an environment of growth and support.”

Torlakson posited that a university right here in Contra Costa County would attract jobs.

“Universities are business magnets,” she said, and stated that the County has the potential to be another Silicon Valley if it could build a four-year university in the area.

The candidates sparred over questions on rent control, housing, and Torlakson’s accusation that Grayson had accepted lobbying money while in office, before being asked for their stance on upcoming California legislation in a rapid-fire round.

At the time of the forum, Tim Grayson supported Propositions 52, 53, 54, 56, 58, 59, and 63, and opposed Propositions 57 and 64; he took no position on Proposition 61.

Mae Torlakson supports Propositions 52, 56, 57, 58, 59, 61, 63, and 64, and opposes Propositions 53 and 54.

Both candidates support Measure X, but differed on Measure RR, which Torlakson supported, but Grayson opposed.

The candidates also took positions on the California Environmental Quality Act (CEQA).

Both Grayson and Torlakson believed that the possibility of reforming the Act was possible and perhaps needed, but wanted further study of the issue in order to point out what specifically they would recommend changing.

“It’s working to the best of its design,” said Grayson and Torlakson told the audience, “I believe in it.”

A large transportation bill put forth by Assemblyman Jim Frazier and State Senator Jim Beall was another topic.

Torlakson believes the gas tax proposed by the bill “is too high”, and suggested letting the voters decide whether to approve of the bill, which would raise an additional $3.6 billion annually in tax revenue.

Grayson, however, said he would support the bill.

“It is economically development-minded,” he said.

To better fund transportation, Grayson promised to look at problems with CalTrans, which he claimed has redundant jobs and projects to the tune of $500 million per year. Getting rid of these inefficiencies and poor spending practices, he said, would allow us to use the savings to fund what we need, rather than continue raising taxes long-term.

To close the forum, the candidates were asked a rather interesting question: If you were all-powerful in Sacramento, and could enact whatever tax reform you wanted to, what would you do, and why?

In his answer, Grayson described the California tax system as “narrow and deep.”

“It’s like a funnel, and it’s getting narrower,” he told the audience. Grayson stated that he would call together major business players, elected officials, and education leaders to discuss how best to spread out the tax burden equally and fairly. This, he said, would result in less of a burden on everybody, which would help stimulate the state economy. He included the erasure of unfunded liabilities in his answer, as well.

Torlakson said her first priority would be to help education, and would increase the budget in that area and raise taxes accordingly.

“We’re not giving enough to education, because it’s the key to prosperity,” she said. “Investing in our future is what we need.”

The hard-fought Grayson-Torlakson race will come to a head when California residents cast their votes in the November elections, with the winner will begin a two-year term in the State Assembly the following month.

Contra Costa annual Rebuilding Lives Luncheon honors Domestic Violence Awareness Month

October 22, 2016 By Publisher Leave a Comment

Concord, CA – On Thursday, October 6th at 11:30 a.m., STAND! For Families Free of Violence’s 24th Annual Rebuilding Lives Luncheon and more than 350 civic, business, and community leaders gathered at the Concord Hilton this year to honor Domestic Violence Awareness Month, celebrate the resilience of domestic violence survivors, and raise more than $140,000 for programs that help survivors of family violence.

Keynote speakerTony Porter, Co-founder and CEO of A CALL TO MEN, addressed the role of men in ending violence against women. Exploring the influence that men have with boys and other men as fathers and coaches, he discussed how to encourage boys and men to stand up to those promoting men’s violence. “It is time to stop asking why women stay and starting asking men to stop.”

“Today it is clearer than ever that domestic violence is a men’s issue too. We will end this problem only when men, too end their silence around violence and tell each other this is no longer acceptable behavior. We need to change the conversation.” said Gloria Sandoval, CEO of STAND! For Families Free of Violence.

Though the movement to end family violence has made great progress, there is still work to be done: On average, one in four women and one in seven men will experience intimate partner violence severe enough to send them to the hospital; one in five teens will experience teen dating violence; and 3.2 million children will experience domestic violence in their homes annually. Awareness-raising events, such as the Rebuilding Lives Luncheon, are important for strengthening the movement as well as inspiring new supporters to help end domestic violence.

About STAND! for Families Free of Violence

STAND! helps 15,000 people in Contra Costa County break the intergenerational cycle of violence each year by saving lives, rebuilding families, and changing the future: intervening when violence strikes, supporting victims as they rebuild their lives, and guiding the community as a whole toward nonviolence. Visit www.standffov.org for more information.

Grayson releases statement on shooting of Concord Police Department office

October 4, 2016 By Publisher Leave a Comment

Concord Councilmember and State Assembly candidate Tim Grayson released a statement on Monday regarding the weekend shooting that left bullet holes in the office of the Concord Police Department.

“I am thankful no one was hurt, but this is a stark reminder of the dangers officers face every day when they are serving their communities,” Grayson said. “As Police Chaplain I’ve seen firsthand how guns in the wrong hands can ruin lives. Our leaders need to be doing more to responsibly reduce gun violence. Ensuring public safety is a priority for me, and in Sacramento I will work to make sure our families and communities are safe.”

An investigation in to the shooting is ongoing.

Grayson has served as Concord’s Police Chaplain, aiding first responders and crime victims, since 2007 and has served on Concord’s City Council since 2010.

More information on Tim’s work is available at www.graysonforassembly.com.

East County in-home senior care service celebrates first year in business

September 2, 2016 By Publisher Leave a Comment

James and Constance Tolbert, owners of the Seniors Helping Seniors franchise in Concord, Clayton and East County, in their Bay Point office.

James and Constance Tolbert, owners of the Seniors Helping Seniors franchise in East County, Concord and Clayton, in their Bay Point office.

By Allen Payton

As a Registered Nurse for 35 years, Constance Tolbert knows what it means to serve the needs of others. She got an early start in health care by serving as a candy striper while a school girl in Connecticut.

“She was born to care for people,” said husband and co-owner James.

Her service in the Army Nurse Corps brought her to California in 1982 when she went on active duty. Then, after being in the reserves, her medical unit, the 6253^rd, was activated and transferred to the Persian Gulf during Desert Storm in 1990. Constance served in Fort Carson, Colorado, replacing a nurse who had been deployed.

After briefly retiring in 2013 from Kaiser Permanente Medical Center in Oakland, she wasn’t done helping others and chose to work as a traveling nurse for a year.

Then in 2015, after being inspired by her mother who had owned a residential care facility for the elderly, Constance and James chose to buy a franchise of Seniors Helping Seniors.

“It was divine intervention,” Constance said. “We liked the mission of the company, which is based on Mother Teresa’s life work of serving others.”

The founder of Seniors Helping Seniors, Karen Yocom had worked with the soon to be Catholic Saint for 14 years in India.

“What also inspired us to go with this company is they have a different marketing model to reach seniors,” James shared. “Based on our previous work at our church, everyone we dealt with there were seniors. So, we liked the idea of hiring seniors to help other seniors.”

Their definition of senior is anyone age 50 or over for both the caregivers and the clients.

Since starting their franchise, which covers a territory of Concord to Discovery Bay, and including all East County communities, they’ve grown to a multi-cultural staff of 40. They include seniors from Puerto Rico, Guam, Fiji and Philippines, as well as others who are Japanese, African American, Hispanic and Caucasian.

“We can provide a caregiver so that people can be cared by those from their same culture,” Constance said.

“We cover the rainbow,” said James, who adds his years of experience and Masters Degree in organizational management. He’s also an Air Force veteran who currently works for the U.S. Department of Labor.

Most of the caregivers work part-time, as they’re either retired or in their second careers. Their clients range in age from as old as 98 and some as young as age 52.

“We try to match clients with senior caregivers with similar life experiences,” said James. “We had one client who was a Gulf War veteran. So, we were able to match her with a caregiver who is a fellow veteran and knows all about the VA in Martinez.”

They have a special program for low-income, military veterans or their spouses, called VetAssist which taps the Aid & Attendance benefits they qualify for.

“We’re able to access those benefits, quicker than if they were left to just go through the VA system,” James shared. “That could take six to eight months. We’re able to get it done in one or two months.”

“It’s critical for us to provide services to veterans, because they’re a forgotten group,” Constance said. “It’s definitely an honor for us to serve our fellow war time veterans who served this country.”

The services Seniors Helping Seniors provide include companionship, meal preparation, transportation for doctor appointments and others, light housekeeping, personal grooming and dressing, medications, showering assistance, and respite care for the main, family caregivers. Some seniors they serve have permanent disabilities, such as those who are blind, have dementia or are amputees, and are not ambulatory. Some younger seniors need help for temporary disabilities due to accidents, surgeries or injury.

“We have a transition program with hospitals, to reduce the readmission rate,” James shared.

“If a Medicare patient is readmitted within a 30-day period for the same diagnosis, they are responsible to pay the costs,” Constance explained. “With in-home care we are able to help them stay at home with the needed care, with such things as medication reminders, and proper nutrition. That’s critical, because so many who forget to take their medicine or don’t eat right, end up getting readmitted to the hospital.”

“Those costs can be as much as $5,000 a day,” she added.

“We’re able to help them avoid spending their savings and borrowing from their retirement account,” James said. “They could pay $30,000 at the hospital or just a few hundred to a few thousand dollars, with us. Plus, they’ll have someone who will provide them one-on-one care.”

The rates for the services of Seniors Helping Seniors are $26 to $28 per hour with a minimum of two hours per day, based on care needs. They also offer overnight stays and 24-hour care, seven days a week.

The Tolberts are also able to reach outside of their franchise territory to serve those who aren’t currently being served by a franchisee, such as in Martinez, and even San Joaquin Valley cities like Tracy, Manteca and Modesto.

Should you, a loved one or other senior you know have a need for in-home care, contact Seniors Helping Seniors 24-hours a day at (925) 698-6145 or constance@seniorcarebrentwoodca.com for a free RN consultation and assessment. They are bonded, insured and licensed with the State of California, and are in compliance with the new regulations that went into effect as of January, this year. For more information visit their website at www.seniorcarebrentwoodca.com.

Debora Allen announces strong bi-partisan support in campaign for BART Director

August 17, 2016 By Publisher Leave a Comment

Debora Allen

Challenging three-term incumbent Gail Murray

County pension board trustee Debora Allen announced, Wednesday morning, that she is running for District 1 BART Director, in the 2016 general election. The chief financial officer of East County Glass is challenging incumbent Gail Murray who is seeking her fourth term on the BART board. District 1 includes the Concord, Pleasant Hill/Contra Costa Centre, Walnut Creek and Lafayette BART stations, and the cities of Martinez, Lafayette, Walnut Creek, Concord, Danville, San Ramon and Clayton, as well as Alamo and Blackhawk.

“Over the last decade, the BART experience has deteriorated with increased crime, system delays, labor strikes, equipment malfunctions, fake security cameras, high fares, budget shortfalls and overall public dissatisfaction,” Allen said. “BART is so antiquated, their control system is from 1972 and they buy replacement parts on eBay.”

Allen’s campaign platform is focused on five primary objectives:

DEMAND accountability from management for the financial stability, affordability, and cost effectiveness of BART.
REBUILD the old infrastructure to provide a renewed, sustainable, and durable transportation system for future generations.
REPLACE obsolete, broken equipment with clean, innovative, modern replacements, and maintain them.
INTEGRATE the current system with our numerous other Bay Area transit systems to create greater accessibility and efficiency in our lives.
PROVIDE a better BART experience to the customer, the rider, and the workers.

In an email, last week, Allen stated “BART needs strong leadership that is willing to stand up for change and hold management accountable for its revitalization.”

Numerous, prominent East Bay leaders have joined in supporting Allen’s campaign, including California State Senator Steve Glazer, a Democrat who has been an outspoken critic of strikes by BART employees, as well as BART operations and finances.

“Debora Allen will bring an important voice and fiscally responsible vote into the BART boardroom. She’s smart, she’s tough, and she’s a problem solver,” Glazer said. “She will stand up to special interests and management incompetence and fight to improve BART while protecting the interest of taxpayers.”

“Debora Allen brings a refreshing new energy and approach to getting BART’s fiscal house in order,” said Assemblywoman Catharine Baker, a Republican. “She will be a champion for the transit rider and taxpayer.”

President of the Association of Bay Area Governments (known as ABAG) and Vice Mayor of Clayton Julie Pierce also endorsed Allen, stating “Our BART system is incredibly important to the residents of Contra Costa County. I am confident that Debora Allen will be strong leadership on the Board of Directors and a loud voice for transparency and financial accountability to the stakeholders as we rebuild BART into a world class transportation system of which we can all be proud.”

Contra Costa County Supervisor Candace Andersen also offered her support.

“Debora Allen brings the business experience and financial acumen we need to lead BART in the right direction,” she stated.

Contra Costa County District Attorney Mark Peterson also endorsed Allen, stating “I trust Debora Allen to protect the taxpayers’ investment in BART, for the riders, the workers, and for the future of Bay Area living.”

Former California State Assemblywoman (1996-2002) Lynne Leach added her support.

“Debora Allen is a talented, trusted and experienced businesswoman,” Leach said. “Her background of working to stem the ever increasing growth of public pension costs prepares her well to serve on the BART Board.”

Also endorsing Allen are Mayor of Pittsburg Ben Johnson, Mayor of Clayton Howard Geller, Pittsburg City Council Member Sal Evola, Contra Costa Community College District Board President Vicki Gordon, Central Contra Costa Sanitary District Board Member and Past President Contra Costa Taxpayers Association Michael McGill, attorney and Contra Costa County Employees Retirement System Board Trustee Scott Gordon, Alamo Municipal Advisory Council Member Steve Mick, Former Mayor of Clayton Pete Laurence, former Walnut Creek School Board Member Dan Walden, and retired BART employee Robert Leach.

“I am an independent, thoughtful, outsider, willing to take on the challenges of the troubled BART system,” Allen said. “I have spent over 25 years in a career in various financial management and board level positions. I now want to use that experience and knowledge to help the BART stakeholders, the riders, the taxpayers, and the BART employees.”

This is Allen’s second run for public office. She ran for State Assembly in the 14^th District in the June primary, but did not make the run-off, placing a close third in the race behind the top-two candidates. She has a college degree from Sac State in Business Administration with a concentration in Accounting, is married to Tim Allen and they have two adult sons. They live just outside of Clayton, next to Mt. Diablo State Park.

For more information visit www.deboraallen.com or www.facebook.com/deboraallenforbart, or email her at debora@fixourbart.com.

The election will be on Tuesday, November 8.

Allen Payton contributed to this report.

Concord woman identified as victim in Contra Costa Coroner’s Jane Doe case, Sunday morning

July 28, 2016 By Publisher Leave a Comment

A woman whose body was found on Highway 242 on Sunday morning, July 24, was identified after someone saw the media reports on this Jane Doe case. She is identified as 62-year old Marie Chellino of Concord.

Following is the original report:

On Sunday, July 24, 2016, at about 2:09 AM, the California Highway Patrol responded to a report of a person on the roadway on southbound Highway 242 near Olivera Road. The person was pronounced deceased at the scene.

The Coroner’s Division, which took custody of the body, has not been able to identify the person, who did not have any identification.

She is described as:

Adult female, 50-60 years old, dark hair with some greying, 5’,5”, about 143 pounds. She was wearing a gray/blue buttoned down pinstripe shirt.

She did have a knitted red/grey pouch necklace that contained what appears to be a clear crystal. Please see the attached photograph.

Anyone with any information on the identity of the person is asked to contact the Coroner’s Division at (925) 313-2850.

Concord Police arrest man wanted in case of woman’s body found in pond, Monday

May 18, 2016 By Publisher 1 Comment

Erick Lamar Nelson

Concord – On Monday, May 16, 2016, at 2:36 AM, CPD officers responded to Newhall Park for the report of a body in the pond at that location. A person in the park saw the body and called the police. Upon arrival, officers found an adult female in the water. They pulled her from the water and determined she was deceased.

Major Crimes Unit Detectives were called out and assumed the investigation. It was determined that the female was the victim of a homicide. She has been identified as 25-year-old Concord resident Poinsettia Parks.

Detectives have identified 26-year-old Erick Lamar Nelson as a suspect in this case. There is currently a warrant for Nelson’s arrest and he should be considered armed and dangerous. Nelson is described as a black male adult, 6’1”, 185 pounds with black hair and brown eyes. Nelson was known to the victim.

Detectives are also trying to locate a black, four door 2003 Kia Spectra with CA license plate 5ENY919. Nelson may be in possession of this vehicle.

If Nelson or the Kia are seen, please do not approach and immediately call 911. Anyone with information about his case is asked to call Detective Greg Pardella at (925) 603-5922. Anyone wishing to remain anonymous may call the Concord Police Department Tip-Line at (925)-603-5836.

Concord Council to hear Lennar’s revised Term Sheet, consider them for Master Developer of Naval Weapons Station, tonight

May 3, 2016 By Publisher Leave a Comment

By Allen Payton

After hearing input from the public at their special meeting on April 13, as well as a public apology from Lennar Urban CEO Kofi Bonner for the causing the controversy over contributions to Councilman Tim Grayson’s Assembly campaign, the Concord City Council, sitting as the Local Reuse Authority (LRA) for the Concord Naval Weapons Station, directed staff to meet with representatives from Lennar Urban to revise their Term Sheet.

Staff will make a presentation on the matter at tonight’s council meeting. The council will also have the opportunity to finalize their decision on selecting Lennar as the Master Developer for Phase I of the weapons station Reuse Plan.

According to the staff report, they “also reviewed the alternatives to selecting a Master Developer to determine whether any one of them is a viable or superior approach for Concord. This staff report provides analysis of both efforts.”

Furthermore, staff states that Lennar is committed to sign the revised Term Sheet, should the council vote to select Lennar as the Master Developer.

Following is the agenda item with a link to the complete, 175 page staff report.

CITY COUNCIL/CITY COUNCIL SITTING AS THE LOCAL REUSE AUTHORITY CONSIDERATION ITEMS

The public is entitled to address the City Council on items appearing on the agenda before or during the City Council’s consideration of that item. Each speaker will be limited to approximately three minutes.

Presentation – of a revised Lennar Term Sheet and consideration of staff’s recommendation that City Council select Lennar Concord LLC as the Master Developer for the Development Phase One Property at the Concord Naval Weapons Station and proceed to the Disposition and Development Agreement (DDA) stage of the negotiation period, as defined in the Agreement to Negotiate between the Local Reuse Authority and Lennar. Report by Guy Bjerke, Director of Community Reuse Planning.

The council meeting begins at 6:30 p.m. at the City Council Chambers at Concord City Hall, 1950 Parkside Drive. Meetings can also be viewed on Concord TV, available on Comcast Channel 28, Wave Channel 29, and U-verse Channel 99.

Then there was one: Contentious Concord Council denies Catellus’ demands, accepts withdrawal, approves refund, leaves Lennar

April 5, 2016 By Publisher 1 Comment

Concord Councilmember Edi Birsan asks a question of city staff during the special Council meeting on Catellus’ demands, Monday, March 28, 2016.

Council to decide how, when and if they will work with Lennar at Tuesday’s meeting

By Allen Payton

At their special meeting on Monday, March 28, after hours of questioning Guy Bjerke, the Director of Community Reuse Planning for the Naval Weapons Station project, the Concord City Council, acting as the Local Reuse Authority (LRA) voted 2-1 to deny Catellus’ demands, accepted their offer to withdraw and refund their Good Faith Deposit.

Both Councilmembers Ron Leone and Tim Grayson were not in attendance, because they had recused themselves from participating in the selection process. Mayor Laura Hoffmeister pointed out that Leone had to do so because he lives within 500 feet of the project site.

The staff presentation and answers to Council members’ questions included Bjerke demonstrating the patience of Job and admitting the staff and consultants preferred Catellus and didn’t want to have to recommend the Council approve the company’s withdrawal. But, they were “unanimous in this,” he said.

“Staff estimates a transfer of between $350,000 and $700,000 in financial risk from Catellus to the City,” he said. “It would eliminate any leverage the city has.”

He spoke of the “insurmountable trust and confidence issues between our staffs.”

Bjerke also stated that Catellus would not be participating in the meeting.

Later in the meeting he said the following:

“Our staff recommended Catellus, last September,” he said. “There is no one on city staff or on my team that likes making these recommendations, tonight. But we’re doing what we think are our professional responsibility and fiduciary responsibility to protect the city.”

The report on the investigation of Catellus’ complaints against Lennar by the outside attorney, Michael Jenkins, revealed that Catellus has wanted out of the process since at least last September.

So, their latest request, although it included a demand for the refund of deposit money, didn’t come as a surprise.

Bjerke advised the council members of their three options with Lennar, at this Tuesday’s council meeting, if they voted to reject Catellus’ demands and accept their withdrawal.

First, they can select Lennar as the Master Developer and approve their term sheet. Second, they can direct staff to meet with Lennar and renegotiate their term sheet, or third, they can reject Lennar’s term sheet, which would reopen the process.

The council members asked a few questions of Bjerke before Hoffmeister opened the public comments, which were split between supporting Catellus and Lennar.

She asked each speaker, who didn’t offer a recommendation on the agendized item, what they thought the Council should do.

Public Comments

Tim Lynch, Jr. stated clearly, “Please reject special favors…for Catellus.”

Dennis Costanza, President of the Community Youth Center, said he was there representing himself, “Because I care about the community of Concord.”

“I agree with staff. You should reject Catellus’ desire to change their term sheet. Refund the money and allow them to withdraw,” Constanza stated. “Make today the first day of the rest of this project.”

Another speaker was less cordial.

“I blame the incompetence of the city staff” and their “gross lack of negotiating skills,” said Greg Sandborn. He opened his comments by disclosing that he is Councilmember Edi Birsan’s campaign treasurer and that he is an elected member of the county Democratic Central Committee representing Concord and Birsan is his alternate.

He went on to ask for the resignation of the city manager, “without severance” and the political issues surrounding Grayson and his State Assembly campaign consultant. Regarding the refund of money to Catellus, Sandborn said, “That money should come from Councilman Grayson’s pocket.”

However, he asked the Council to “grant Catellus’ request. Go forward and select from the two.”

Phyllis Gordon said she was “Here as a citizen of the region” and that the developer chosen “will be the region’s partner.” She supported Catellus’ request to withdraw.

Louise McGuire said “I can understand Catellus wanting to put boundaries in place,” then proposed a third developer and wanted “LEED housing…be brought back in.”

“Lennar’s credibility has been tarnished in their dealings with Councilman Grayson,” she added.

Dr. Harmesh Kumar, a former Concord City Council candidate and now candidate for State Assembly against Grayson, said “I think there has been some bias” and that the “Lennar group has been tainted.”

“I have been told not to say these things,” he continued. “Objectivity we are losing in this city.”

Ralph Oliver, a resident of Sun Terrace area in north Concord said, “I am a stakeholder in the process. I don’t desire to deal with Lennar because I don’t trust them.”

“Catellus has been put in a difficult situation at no fault of their own,” he continued. “I suggest you grant Catellus’ request. Catellus is just trying to protect themselves.”

Hope Johnson was the most animated of the speakers, and continued to speak out during the meeting from her seat and was asked to be quiet by both Hoffmeister and Birsan.

“It’s Concord who broke the agreement,” she stated. “You are the ones who violated it…with Lennar. You’ve created a hostile environment.”

“Most of us don’t trust you. Your handling of this. You failed us and we’re embarrassed,” Johnson continued. “This is the biggest project in Contra Costa County. There’s three of you voting.”
She then mentioned one difference in the term sheets between the two developers.

“Lennar has only $16 million for roads. Catellus has $67 million.”

Helix Statement

Following the close of public comments, Councilmember Dan Helix read from a prepared statement.

“We need to understand how one of the two finalists believe the deck is stacked against them,” he said. “This is not easy for me but I must continue.”

“I’m not sure how the city manager [Valerie Barone] came to her conclusion. I have not heard a persuasive reason for deleting the staff recommendation…which would have favored Catellus.”

“I do not blame Catellus for their concern,” Helix continued. “Of the 10 areas in the Term Sheets Catellus was seriously ahead in six areas.”

He also mentioned the offsite road improvements of $67 million in Catellus’ plan compared to Lennar’s $16 million.

“I would prefer this not happen,” he said. “There’s a difference in Lennar’s request [to change their term sheet, last fall] and Catellus’ request is based on the trust factor…a matter of good faith and trust.”

“I want very much for them to be here next week to compete to be Master Developer,” Helix added and then advocated that the Council members “also accept Lennar’s changes. Let them change their term sheet.”

“This is why I came back to this city council to work on this huge, huge opportunity,” he stated. “I’m also old enough to know it takes two out of three.”

Hoffmeister then asked “Is that legally possible?”

Bjerke responded, for the first of multiple times, “What staff recommends that you likewise grant those same changes to Lennar. But keep the underlying principles of their Term Sheet. You need to make identical changes to Lennar’s Term Sheet.”

Acting City Attorney Brian Libow expounded on Bjerke’s statement.

“Under the process, any changes to that contract have to be by mutual assent by the City, Catellus and Lennar,” he stated. “It is my opinion we cannot change Lennar’s Term Sheet.”

Hoffmeister then reiterated “We can only change the engagement and staff costs. But we can not accept the changes to the term sheets.”

Helix responded.

“I just want to keep two Master Developers in the process,” he said.

Hoffmeister then attempted to appease Helix’s desire and asked should changes be allowed to the Term Sheets what would be the time frame.

“It would be at least a month,” Bjerke responded.

“Could that be done by the 5^th of April,” Hoffmeister then asked.

“No,” Bjerke flatly stated.

Libbow then said “Both parties would have to concur.”

Bjerke clarified.

“The Term Sheets are a framework but are not the final document for the DDA [Disposition and Development Agreement] process,” he said.

That process will occur once the Council chooses the Master Developer for the project.

“The staff will work with the Master Developer to turn that Term Sheet into a DDA,” Bjerke explained, later.

The difference between Lennar’s requested changes and Catellus’ was Lennar’s were to aspects of their Term Sheet while “Catellus’ requested changes are in their Rules of Engagement,” Bjerke explained. “$350,000 more is required upon being selected as Master Developer. If they are selected as Master Developer but can’t agree on a DDA, they get their $350,000 back.”

That’s what Catellus was demanding of the City Council.

However, “If they stay in the process they’re only allowed a refund of the $71,000 [of their initial $250,000 deposit] remaining,” he added.

Birsan’s Key Question & Answer

Birsan offered a key question and scenario.

“If we grant Catellus’ request to withdraw could we renegotiate [with Lennar]?” he asked.

Libbow said that was possible “with only one developer left in the process.”

That is what the Council majority of Birsan and Hoffmeister ended up making possible. But, not before Helix made a motion to accept the request by Catellus. The motion died without one of the other council members offering a second.

“Where we are, there is no change to the Term Sheet whatsoever,” Helix then stated. “We are back to square one.”

His failed motion, which hinted at how the other two would eventually vote, was followed by another lengthy discussion and questions and answers between council members and Bjerke.

Birsan offered his argument against Catellus’ demands for a refund if no DDA could be agreed upon should they be selected as Master Developer.

“We have no hammer,” he stated. “The power is shifted to the developers. The City abdicates its power.”

Birsan then made another motion, to direct staff to provide a complete refund of fees and accept the withdrawal of Catellus.

Hoffmeister seconded the motion and offered what sounded like a contradictory statement.

“I would like to keep Catellus in…but it seems to be an indication they want to part…go their separate way,” she stated. “I would encourage them to reconsider that. In the DDA stage, these are things that could be addressed.”

“Us approving this is an option for them to consider,” Hoffmeister continued, to groans from the audience and a few verbal outbursts. “If they don’t want to sign the letter they can stay in the process.”

The Council then voted 2-1 with Helix dissenting, approving the motion.

Following the meeting, when asked if she understood the motion she voted on, Hoffmeister responded, “They don’t have to accept the refund. I’m just allowing them the option.”

When Bjerke was asked if that was correct, he stated, “They could. But they won’t.”

And they didn’t.

During the week following the Monday meeting, Catellus chose to withdraw from the process leaving just Lennar remaining as the sole, current option for the Council to choose as Master Developer.

Tuesday Meeting, Staff Recommends Council Defers Decision

The Concord City Council, acting as the Local Reuse Authority, will at their meeting, tonight, Tuesday, April 5, have the option to do just that. If they do, it will be according to the staff report “to negotiate a DDA to implement the First Phase of the Concord Reuse Project (CRP) Area Plan.”

Also in the staff report for Item 6 on the Council’s meeting agenda, staff lists five “Primary areas of concern:

Use of binding arbitration to resolve disputes over reimbursement of City costs (Sec 8.f.iii)
Transfer of the Remaining Development Footprint (Sec 7. B.ii and Sec 25. a.b.c.)
Affordable Housing Gap Subsidies (Sec 3 d.e. and Exhibit H Sec 4)
Offsite Improvements (Sec 6 and Exhibit I)
Use of a limited liability corporation structure and the relationship to Five Point Holdings (Sec 25)”

Staff is recommending the City Council “Request staff to re-open negotiations with Lennar on the five primary areas of concern noted above as well as any others that the Council identifies at tonight’s meeting and defer the selection of Lennar to be the Master Developer until staff can return with a revised Term Sheet for Council consideration.”

The meeting begins at 6:30 p.m. and will be held at the Concord Senior Center, 2727 Parkside Drive.

For the complete Council Agenda, click here. To see the complete staff report on Item 6 click here.