Concord City Council
January 25, 2022

1 COUNCILMEMBERS
Dominic D. Aliano, Mayor
Laura M. Hoffmeister, Vice Mayor
Edi E. Birsan
Timothy A. McGallian
Carlyn S. Obringer
Civic Center
1950 Parkside Drive
Concord, CA 94519
www.cityofconcord.org
Regular Meeting of the
Concord City Council/City
Council Sitting as the
Concord-Pleasant Hill
Health Care District
Board
Tuesday,
January 25, 2022

6:30 p.m. - Open Session
Various
telephonic/electronic
locations
Pursuant to AB 361, the City is authorized to hold public meetings via teleconferencing and to make public meetings accessible telephonically or otherwise electronically to all members of the public, without making available any physical location for the public.

City of Concord Rules: The City of Concord has declared a local state of emergency due to COVID-19 and is closed to the public. This Concord City Council meeting is an essential event, therefore it has not been cancelled. However, City of Concord officials and staff will conduct this meeting telephonically or otherwise electronically. The City will not make available any physical location from which members of the public may observe the meeting and offer public comment. Instead, members of the public may observe and address the meeting remotely.

Below is information on how to do that.

How to Watch the Meeting:
Watch on TV on Comcast Channel 28, Wave Channel 29, and U-verse Channel 99 Watch the TV broadcast through the City’s website by following THIS LINK Watching Live Streaming of the meeting by following THIS LINK 2 How to Submit Public Comments:

Written: All comments received before 3:00 pm the day of the meeting will be posted on the City’s website as “Correspondence” under the relevant agenda item and provided to the City Councilmembers prior to the meeting.
Email comments to [email protected].
If you are commenting on a particular item on the agenda, please identify the agenda item number and letter.
If you are commenting on an item not listed on the agenda, please identify your comment as a General Public Comment.

To Participate in Public Comment During the Meeting:

Staff Reads Your Comments Aloud: When the Mayor opens the public comment period for the relevant agenda item, please email your comments to [email protected] Prominently write “Read Aloud at Meeting” at the top of the email and your comments will be read into the record (not to exceed three minutes at staff’s cadence). Comments received outside of the public comment period for the relevant item will not be read aloud but will be inserted into the meeting record.

Live Remote Public Comments: Members of the public may submit a live remote public comment via Zoom video conferencing. Download the Zoom mobile app from the Apple Appstore or Google Play. If you are using a desktop computer, you can test your connection to Zoom by clicking here. Zoom also allows you to join the meeting by phone.
Join the meeting at any point, but be sure you are in the meeting prior to the City Council consideration of the item on which you would like to provide comments. From a PC, Mac, iPad, iPhone or Android:
https://cityofconcord.zoom.us/j/85209093884?pwd=Y0cyK0dkbWlVNVJ2TVU0b3JCZHdtZz09 oWebinar ID: 852 0909 3884
oPasscode: 286725
oBy phone: US: +1 669 900 6833 or +1 346 348 7799 or 1 253 215 8782 Speakers will be asked to provide their name and city of residence, although providing this is not required for participation.
Each speaker will be afforded up to 3 minutes to speak. Speakers will be muted until their opportunity to provide public comment.

When the Mayor opens a public comment period on the item on which you would like to comment, please use the “raise hand” feature (or press *9 if connecting via telephone) which will alert staff that you have a comment to provide.
3 OPEN SESSION

1. OPENING
Roll Call

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

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

3. PRESENTATIONS
a. Presentation – of Business Recognition Awards to Los Rancheros Supermarket, Concord Mazda, and Six Flags Hurricane Harbor. Overview of program and presentations by Robert Carrera, Economic Development Specialist. Introduction by Mayor Aliano.
b. Presentation – from Townsend Public Affairs on the 2021 Legislative Session Wrap-Up. Introduction by Justin Ezell, Assistant City Manager.

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

If a request for removal of an item from the Consent Calendar has been received, the Mayor may defer action on the particular item and place the same on the regular agenda for consideration in any order s/he deems appropriate. Please see “How to Submit Public Comments” above. a. Considering – approval of the minutes from the meetings of December 14, 2021, and January 10, 2022. Recommended by the City Clerk. b. Considering – acceptance of the improvements for the 2021 Citywide Arterial and Collectors Pothole and Base Repair Project No. 2567; and directing the City Clerk to file a Notice of Completion. Recommended by the Director of Public Works.
c. Considering – approval of the purchase of Cisco Systems computer network infrastructure equipment from Zones, LLC. in an amount not to exceed $673,808.23, including a 15% contingency, in accordance with the City’s technology replacement schedule. (General Fund) Recommended by the Director of Information Technology.
4 CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(3), and/or 15378. d. Considering – adoption of a Resolution approving the street names “Julia Lane” and “Chapman Way” for the Clayton Road Townhomes Subdivision (No. 9506), located at 3512 Clayton Road and 105 Roslyn Drive.

Recommended by the Interim Director of Community Development.

CEQA: Not a project/exempt under Public Resources Code 20165, CEQA Guidelines Sections 15060(c)2, 15060(c)(3), 15378, and/or 15061(b)(3). e. Considering – approval of a Professional Services Agreement (PSA) with BKF of Walnut Creek, California, in the not-to-exceed amount of $649,000.00 (base agreement of $590,000.00 plus Staff authority to spend up to a 10% contingency of $59,000.00) to provide design and related services for Treat Boulevard Pavement Rehabilitation Project (Project No. 2559); and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney (Measure V Funds). Recommended by the Interim Director of Community Development.

CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c)(2), 15378 and/or 15061(b)(3).
f. Considering – approval of a Professional Services Agreement with Bellecci & Associates in the not-to-exceed amount of $292,241.40 (base agreement of $265,674.00 plus Staff authority to spend up to a 10% contingency of $26,567.40) for design engineering and related services for Meadow Lane/Market Street Paving Project (Project No. 2582); and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney (Measure V Funds). Recommended by the Interim Director of Community Development
CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c)(2), 15378 and/or 15061(b)(3).

5. CITY COUNCIL/CITY COUNCIL SITTING AS THE CONCORD-PLEASANT HILL

HEALTH CARE DISTRICT (CPHHCD) BOARD CONSIDERATION ITEMS The public is entitled to address the City Council/CPHHCD on items appearing on the agenda before or during the City Council’s/CPHHCD’s consideration of that item. Each speaker will be limited to approximately three minutes. Please see “How to Submit Public Comments” above.

Concord-Pleasant Hill Health Care District Board Consideration Item a. Considering – 1) appointing Planning Commissioner Raymond Barbour to the John Muir Community Health Fund (CHF) for a term ending December 31, 2025, due to the resignation of Mayor Aliano; and 2) appointing a Councilmember or holding a recruitment to appoint a member of the public as 5 a City of Concord representative on the CHF for a term ending due December 31, 2025, due to an unscheduled vacancy created by the death of Dr.

Michelle Hernandez. Report by Joelle Fockler, City Clerk.

City Council Consideration Item
b. Considering – changes to Councilmember compensation. Report by Joelle Fockler, City Clerk.

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

After the public has commented, the item is closed to further public comment and brought to the Council level for discussion and action. Further comment from the audience will not be received unless requested by the Council. No public hearing shall commence after 10 p.m. unless approved by majority vote of the City Council. Please see “How to Submit Public Comments” above. a. Considering – the following actions:
1) Adoption of a Resolution approving an Administrative Permit and Design and Site Review for a cannabis storefront retail business (Coastal Retail Concord) at 1847 Willow Pass Road, APN 126-360-006 (PL21131 – AA, DA, DR), and
2) Introduction of an Ordinance approving and adopting a Development Agreement by and between the City of Concord and Coastal Retail Concord, LLC regarding the development of a cannabis storefront retail business located at 1847 Willow Pass Road, Assessor’s Parcel Number 126-360-006 (PL21131 – AA, DA, DR). Report by Michael Hart, Associate Planner.

CEQA: Not a project under Public Resources Code 21065, Guidelines Sections 15060(c)(2), 15060(c)(3)15061(b)(3), and/or 15378; and/or, CEQA does not apply under Business and Professions Code Section 26055(h); and/or categorically exempt pursuant to CEQA Guidelines Sections 15301, 15302, 15303, 15304, and/or 15305.

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

8. REPORTS AND ANNOUNCEMENTS
a. Closed Session Announcements
b. City Manager or Staff Reports
c. Council Reports
6 9. ADJOURNMENT
Next Meeting: Regular Meeting
Date: 2/1/2022 6:30 p.m.

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.

JOELLE FOCKLER, MMC
I forgot to copy you to have this message read at the Concord City Council meeting.

Thanks for your help here. Sincerely, Suzan Requa
Dear Mayor Aliano, Edi Birsan and all City Council Members:

I am copying you on a message I sent to the Concord First Partners in response to their first newsletter.

Your creation and recruitment of a CNWPS Community Advisory Commission of expertise in these areas especially, is essential to help you as City Council leaders and our community needs be met. This kind of oversight can make a real difference when innovation is required.

Thank you for your consideration of these points and this request. Since you are running for office this year, there is an urgency to this request.

Sincerely,
Suzan Requa
Long Term Concord Resident
Concord First Partners LLC email 1/4/2022
Thank you for these information updates. I see this development as such a great opportunity for all of us if you show you are truly dedicated to the mission described.

Two areas of concern of equal priority. 1) We need to hear that integrated Affordable Housing is starting now with an immediate dedicated effort to gain appropriate financing for the designed affordable housing. We know the Affordable Housing commitment will not succeed without the financial contracts created. 2) New focus on Green sustainability for all our health. This has not been a Seeno focus. Thinking of our communities and the new job training that could help our local workforce provide skills needed for near term and future solar and green property design of all future structures including commercial. Local colleges are active in this regard and we would find even more support for the new college being planned with this focus. See: https://massdesigngroup.org/about We need a new CCC Concord Main Library – consider donating that work! Written Public Comment
January 25, 2022 2.a2.a

From: brooke shellflower <[email protected]>
Sent: Saturday, January 22, 2022 9:37 PM
To: City Clerk <[email protected]>
Subject: Homeless

Simply forcing people to leave a location and move to another location is a horrible "solution" to a serious problem. Concord cannot keep dodging this issue. This must be addressed in a different way. I happen to live very close to one these encampments. If you think that people like me have an "out of sight out of mind" mentality then you're dead wrong. Leave these people stay and provide with assistance that they need. These "sweeps" are inhumane. Brooke Shellflower

Benched Agenda Item No. 2.a
Written Pubic Comment
January 25, 2022

From: GWYNNE GILSON <[email protected]>
Sent: Sunday, January 23, 2022 12:52 PM
To: City Clerk <[email protected]>; McGallian, Tim <[email protected]>; Aliano, Dominic <[email protected]>; Hoffmeister, Laura <[email protected]>; Obringer, Carlyn <[email protected]>; Birsan, Edi <[email protected]>
Subject: Stop the Sweeps

Dear City Council Members:

Concord needs a consistent policy to stop the sweeps of unhoused folks who are just trying to survive. This is inhumane and against public health guidance during the pandemic.

At a minimum, Concord needs to provide a safe location for the unhoused to camp, park their cars, be with their pets, and have access to sanitation until livable housing can be provided.

Concord needs to provide a tiny house community so that people can experience stability and consistent access to service providers such as CORE and county mental health. The mental health of someone living on the streets and forced to continually move or lose their possessions is only going to deteriorate, amplifying the cycle of need.

Please agendize this topic for discussion at the January 25th City Council Meeting.

Thank you,

Gwynne Gilson
Concord

From: Katherine Walley <[email protected] >
Sent: Monday, January 24, 2022 3:08 PM
To: City Clerk <[email protected]>
Cc: McGallian, Tim <[email protected]>; Aliano, Dominic <[email protected] >; Hoffmeister, Laura <[email protected]>; Obringer, Carlyn <[email protected]>; Birsan, Edi <[email protected]>
Subject: Letter Regarding Supporting our Unhoused Community Members

Dear Honorable Mayor and City Councilmembers,

Please see the attached letter regarding much needed support for those who are unhoused in Concord.

Sincerely,
Katherine Walley

--
Kathe rine (Kathy) Walle y
ASL and English Interpreter
Pronouns: She/Her/Hers
[email protected]

Please pass onto the city council: moving homeless encampments only causes more contagion of Covid. The CDC is against this. It also breaks any ties the home less people have made with social workers or other helpers.

It also just pushes the problem down the road. Why not just get them some porta potties and dumpsters and clean the potties daily. It will keep things cleaner and it just kinder.

Im a tax payer and this is my opinion
Laura Lake
Concord 94520

-----Original Message-----
From: Donna Walton <[email protected]>
Sent: Monday, January 24, 2022 8:14 PM
To: City Clerk <[email protected]>
Cc: Donna & Jack Walton <[email protected]>
Subject: General Public Comment for Concord City Council meeting January 25, 2022

I am very concerned about the lack of options for the unhoused presently camped at the property on San Miguel Rd. Their tents have been tagged by the Concord Police Department saying “You must remove your camp and property from this location. If it is not removed within this time period, it will be removed by the city of Concord. For Homelessness Resources call CORE at 211 or Text “HOPE” to 20120”.

I called 211 and was asked to leave a message. I texted HOPE to 20120 and was given an error message.

No one wants to have people camping in the middle of Concord, but it is cruel to make them move, when there is nowhere to go. I am just asking the city of Concord to provide an alternative location or to “Stop the Sweep” on Wednesday. Thank you, Donna Walton, resident of Concord, CA

Business Recognition Awards
JANUARY 25, 2022
1 3.a

Introduction & Presentation of Awards
2 ROBERT CARRERA, ECONOMIC DEVELOPMENT SPECIALIST, CITY OF CONCORD

LOS RANCHEROS SUPERMARKET
3 LONGEVITY , COMMUNITY IMPACT

CONCORD MAZDA
4 TAX REVENUE

SIX FLAGS HURRICANE HARBOR
5 LONGEVITY , COMMUNITY IMPACT, EMPLOYMENT

Congratulations
6

State Capitol Office ▪ 925 L Street • Suite 1404 • Sacramento, CA 95814 • Phone (916) 447-4086 • Fax (916) 444-0383 Federal Office ▪ 600 Pennsylvania SE • Suite 207 • Washington, DC 20003 • Phone (202) 546-8696 • Fax (202) 546-4555 Northern California Office ▪ 300 Frank Ogawa Plaza • Suite 204 • Oakland, CA 94612 • Phone (510) 835-9050 • Fax (510) 835-9030 Central California Office ▪ 744 P Street • Suite 308 • Fresno, CA 93721 • Phone (949) 399-9050 • Fax (949) 476-8215 Southern California Office ▪ 1401 Dove Street • Suite 330 • Newport Beach, CA 92660 • Phone (949) 399-9050 • Fax (949) 476-8215

M E M O R A N D U M
To: City of Concord
Mayor and Council Members
Valerie Barone, City Manager
From: Townsend Public Affairs, Inc.

Niccolo De Luca, Vice President
Andres Ramirez, Associate
Date: November 23, 2021
Subject: 2021 Legislative Session Wrap-up
Townsend Public Affairs, Inc. (TPA) has prepared this report for the City of Concord as a summary of the 2021 legislative year and a look ahead to 2022. The State Legislature is currently in interim recess and will reconvene on January 3, 2022 to resume legislative activities. Legislators may begin introducing new pieces of legislation, many of which may be like bills that did not advance in 2021, the second year of the two-year legislative cycle.

September 10 marked the conclusion of the first year of the 2021-22 legislative session. This year, there were 836 bills that reached the Governor’s Desk out of 2,421 bills introduced (Senate—828; Assembly—1,593). In finalizing his actions on legislation on October 9, the Governor signed 770 bills, or 92 percent, and vetoed 66 bills, or 7.9 percent. This means that

34.5 percent of the bills introduced made it to the Governor’s Desk; 32 percent of the bills introduced got signed into law; and 2.7 percent of the bills introduced got vetoed.

To put this into context, the 2021 session produced nearly twice as many bills passed by the Legislature than in 2020, which featured a total of only 428 bills passed by the Legislature due to the onset of the COVID-19 pandemic – the lowest approved by the Legislature in over 50 years.

Despite the 2021 session’s higher passed bill count, the 836-bill total is lower than in previous years. This can be attributed to the 12-measure per legislator cap imposed by Assembly and Senate leadership to ensure focus was directed to critical COVID mitigation and recovery legislation.

Much of the legislation signed by the Governor was packaged with other similar measures to address economic recovery, the housing crisis, and extreme weather events, including drought and wildfires. For instance, the Newsom Administration has been focused on the implementation of the California Comeback Plan through significant budget allocations to both accelerate the State’s recovery from the pandemic and tacking persistent challenges. Part of the $100 billion plan has included over $20 billion in housing and homelessness investments, with the goal of

3.b3.b

2 producing 84,000 homes. Other investments include a climate resiliency package and stimulus payments to the State’s vulnerable residents.

Given the massive impacts the coronavirus pandemic had upon the legislative proceedings during the 2020 Session, legislators were focused this year on streamlining the passage of COVID recovery legislation, as well as legislation that was paused last year due to the immediate need for emergency measures, such as land use and public safety reform.

Ultimately, the 2021 Legislative Session will be remembered for its passage of one of the most significant housing and land use reform and policing reform packages, as well as a long, drawn- out Budget process, which featured a record amount of funding reserves and federal relief funds.

Below are brief summaries of legislative action in a few key areas, as well as additional information regarding legislation that was approved by the Governor, which may be of interest to the City.

COVID-19
Statewide Assistance Programs
The 2021 Legislative Session’s focus was largely centered on Coronavirus pandemic recovery and support efforts for vulnerable Californians through the Budget, which included significant pass-through funding from the federal government to help combat the public health and economic impacts of the pandemic. Part of these efforts were codified in the Governor’s California Comeback Plan, which included over $100 billion in investments into programs such as the “Golden State Stimulus Plan,” which provided a series of direct payments to taxpayers making up to $75,000, and the California Rent Relief program, which allowed for renters and landlords to apply for rent and utility payment relief. These supportive efforts came in addition to Governor Newsom extending the state’s eviction moratorium, which expired at the end of September.

Remote Meetings Legislation
In addition to the State’s budgetary programs providing such things as rental relief to low-income Californians, this year the Legislature focused on the longevity of tech-inclusive requirements to allow for remote meetings. This included Assembly Member Robert Rivas’ AB 361, which allows local agencies to use teleconferencing without complying with specified Ralph M. Brown Act restrictions in certain state emergencies, thus codifying provisions originally included in Governor Newsom’s executive orders waiving certain Brown Act restrictions. The Governor signed this legislation into law, which officially took effect October 1, 2021.

Housing
During last year’s session, it appeared that the issues of affordable housing, housing production, and homelessness would dominate the policy conversation. However, the pandemic stalled the progression of many top-down housing reform measures as attention was diverted to addressing immediate COVID- 19 mitigation strategies. This year, housing and land use reform measures were thrust back into the spotlight, with numerous measures sailing through the policy committee process, unlike previous renditions of the same bills had in prior sessions. Notable land use legislation like Senate Pro Tempore Toni Atkins’ SB 9 made it to the Governor’s desk nearly a week before the end of session.

Just shy of a week after the Legislature’s adjournment on September 10, Governor Newsom signed the first round of housing and land use reform bills, which included SB 8 (Skinner), which

3 extends the Housing Crisis Act of 2019, SB 9 (Atkins), which requires the ministerial approval of urban lot splits and two-unit developments on single-family zoned parcels, and SB 10 (Wiener), which authorizes local governments to zone any parcel up to 10 units via ordinance.

After the enactment of the first round of housing and land use bills, the Governor signed a 27-bill package on September 28 to further address the State’s housing crisis, with more focus on accountability and enforcement as it pertains to development goals. The bills in this package included AB 215 (Chiu), which increases enforcement within the Department of Housing and Community Development (HCD) and housing element transparency standards, AB 602 (Grayson), which increases the transparency of impact fees through revised nexus study requirements, and SB 478 (Wiener), which prohibits local governments from imposing certain floor area ratio standards on specified housing projects.

In addition to the more than 30-bill housing package addressing issues like density, zoning, and development streamlining, another key element to the State’s housing laws is the new Housing Accountability Unit (HAU) within the state Housing and Community Development (HCD) Agency created in the 2021 Budget. The 25-person team with a budget of more than $4 million is expected to assist local governments meet their housing goals – and crack down on those that fail to do so.

Per the Governor’s remarks on the newly created unit, “The HAU will be empowered to take escalating enforcement steps to bring municipalities into compliance with their RHNA goals in the event of persistent non-compliance.”
Given the breadth of the housing and land use reform bills enacted during the 2021 session, it begs the question on whether the Legislature will have the same appetite for additional housing reform measures in 2022. It is expected that the focus will shift from the enactment of new measures to the implementation and enforcement of existing measures, with the new HAU serving as an additional mechanism to accomplish housing production accountability.

Further down this memo is a more, in-depth list of housing legislation signed into law.

Public Safety Reform
Following the death of George Floyd in 2020, the Legislature introduced several bills aimed at police reform and means of alternative response to non-emergency calls for law enforcement.

Authors of the various legislative proposals worked with the Newsom Administration and many stakeholders, including representatives from law enforcement, in efforts to advance their legislation. Ultimately, some bills were able to move forward, but many bills which attempted to make significant policy changes, were ultimately held so that they could receive full legislative consideration in 2021.

This year, public safety reform became a major focus of the Legislature. Following session’s adjournment, the Governor signed into law a package of police reform bills that constitute some of the most significant changes to peace officer accountability in recent years. The package included bills such as SB 2 (Bradford), which creates a system to investigate and revoke or suspend peace officer certification for serious misconduct along with imposing changes to qualified immunity standards, and SB 16 (Skinner), which allows for public access of police officer misconduct records related to excessive use of force and failure to intervene, among other things.

4 Other bills include AB 89 (Jones-Sawyer) which increases the minimum qualified age for peace officers and establishes a college-level curriculum for certification, and AB 48 (Gonzalez), which prohibits the use of rubber bullets and pepper spray against peaceful protestors. While significant, the passage and enactment of these measures comes at no surprise, given the behind-the- scenes work done via the Assembly’s formation of a Select Committee on Police Reform and a series of recommendations for policing and protesting reform outlined by the Newsom Administration this year.

Broadband
In addition to the significant packages of housing and police reform measures signed into law, the Legislature was focused on the deployment of broadband infrastructure, as connectivity needs were laid bare by the pandemic and reliance on the internet. During the Budget process, the Legislature passed SB 156, a Budget trailer bill providing over $6 billion to expand broadband infrastructure and enhance internet access for unserved and underserved communities.

The historic investment includes:
 $3.25 billion to build, operate and maintain an open access, state-owned middle mile network – high-capacity fiber lines that carry large amounts of data at higher speeds over longer distances between local networks.
 $2 billion to set up last-mile broadband connections that will connect homes and businesses with local networks. The legislation expedites project deployment and enables Tribes and local governments to access this funding.
 $750 million for a loan loss reserve fund to bolster the ability of local governments and nonprofits to secure financing for broadband infrastructure.  Creation of a broadband czar position at the California Department of Technology, and a broadband advisory committee with representatives from across state government and members appointed by the Legislature.

Accompanying measures to this investment include Assembly Member Aguiar-Curry’s AB 14 and Senator Lena Gonzalez’s SB 4, which prioritize the broadband needs of California's unserved and underserved communities and make important, separate tweaks to the California Advanced Services Fund surcharge program. Specifically, AB 14 and SB 4 extend the operation of the California Advanced Services Fund (CASF) through 2032 and increase the annual funding cap from $66 to $150 million, thus increasing the amount of funds within the CASF’s various subaccounts, which fund projects like broadband deployment in low-income housing communities.

Each of these broadband deployment bills was accompanied by a veto of Senator Dodd’s SB 556, which would have forced local governments to make space on public infrastructure available to telecommunications providers. In his veto message, the Governor highlighted the role local government will have in last mile deployment, which is essential to driving competition and increasing access.

City Related Legislation of Interest/Housing
Summarized below are the significant pieces of housing legislation approved by the Legislature and signed by the Governor this year. If additional information is needed, please let us know and we can provide a supplemental report.

5  AB 68 by Assembly Member Sharon Quirk-Silva (D-Fullerton) – Department of Housing and Community Development: California Statewide Housing Plan: annual reports.

This bill reorganizes existing statutory sections related to the California Statewide Housing Plan and creates a dedicated chapter to the Plan and the plan update, created by HCD.

The bill updates the content of the Plan after January 1, 2023, by adding an inventory of the number of affordable units needed to meet the State’s affordable housing needs for the plan period, and technical updates and recommendations. The bill authorizes HCD to use data collected by the Homeless Coordinating and Financing Council (Council).  AB 215 by Assembly Member David Chiu (D-San Francisco) – Planning and Zoning Law:
housing element: violations.

This bill clarifies and revises existing law provisions requiring HCD to review each jurisdiction’s draft housing element and any subsequent amendments. Specifically, this bill requires HCD to report findings to a jurisdiction within 90 days of reviewing the first draft of a housing element (rather than 60 days), or within 60 days for each revision or subsequent draft amendment (rather than 90 days). The bill requires the city or county to make the first draft revision of a housing element available for public comment for at least 30 days; if comments are received, the city or county must take at least 10 days beyond the 30-day comment period to consider and incorporate public comment. The bill requires HCD, for any subsequent draft revision, to post the draft on its website and to email it to individuals upon request.
 AB 345 by Assembly Member Sharon Quirk-Silva (D-Fullerton) – Accessory dwelling units: separate conveyance.

This bill requires, rather than authorizes, local governments to allow an accessory dwelling unit (ADU) to be sold or conveyed separately from the primary residence under specified circumstances. The bill requires a tenancy in common agreement recorded after December 31, 2021 to include the following: a) Delineation of all areas of the property that are for the exclusive use of a covenant; b) Delineation of each co-tenant’s responsibility for the costs of taxes, insurances, utilities, general maintenance and repair, improvements, and any other costs, obligations, or liabilities associated with the property; and c) Procedures for dispute resolution among the parties prior to legal action.  AB 447 by Assembly Member Tim Grayson (D-Concord) – California Debt Limit Allocation Committee: income taxes: low-income housing tax credits.

This bill updates the list of federal programs providing government assistance for projects considered “at risk of conversion” and adds the following assistance provided cities and counties in exchange for restrictions on the maximum rents and the maximum tenant income as a condition of eligibility for occupancy of the unit subject to the rent restriction:
a) Loans or grants provided using tax increment financing pursuant to the Community Redevelopment Law; b) Local housing trust funds; c) The sale or lease of public property at or below market rates; and d) The granting of density bonuses under state density bonus law.

6  AB 491 by Assembly Member Christopher Ward (D-San Diego) – Housing: affordable and market rate units.

This bill requires that, for mixed income multifamily structures, the occupants of the affordable housing units within the mixed-income multifamily structure shall have the same access to the common entrances, areas and amenities as the occupants of the market- rate housing units. The bill prohibits a mixed-income multifamily structure from isolating the affordable housing units within that structure to a specific floor or an area on a specific floor. The bill defines "market rate unit" as any residential unit that is not affordable housing or a manager's unit occupied by on-site property management staff; Defines "affordable housing unit" as any residential dwelling unit that is restricted by deed or other recorded document as affordable housing for persons and families of low or moderate income; and Defines "common entrance" as any area used by the occupants of a mixed-income multifamily structure for ingress to or egress from that structure.  AB 571 by Assembly Member Chad Mayes (I-Rancho Mirage) – Planning and zoning:
density bonuses: affordable housing.

This bill prohibits a local government from charging affordable housing impact fees, including inclusionary zoning fees, public benefit fees, and in-lieu fees on deed-restricted affordable units that are part of a project eligible for a density bonus under Density Bonus Law (DBL). The bill further provides that no reimbursement is required by this bill, pursuant to California Constitution Article XIII B, Section 6, because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this bill.
 AB 602 by Assembly Member Tim Grayson (D-Concord) – Development fees: impact fee nexus study.

This bill requires a city, county, or special district to conduct and adopt a nexus study prior to the adoption of an impact fee and follow certain standards and practices: a) When applicable, identify the existing level of service for each public facility and any proposed new level of service, and include an explanation why the new level of service is appropriate; b) Include information that supports the local agency’s actions; c) If a nexus study supports a fee increase, review the original nexus study fee assumptions and evaluate the amount of fees collected under the original fee; d) For nexus studies adopted after July 1, 2022, calculate the fee proportionately to the square footage of the proposed units, unless the local agency makes a finding that another standard is more appropriate as specified. If a local agency imposes a fee proportionate to the square footage, it shall be deemed to have used a valid method to establish a reasonable relationship between the fee charged and the burden posed by the development; e) Adopt a capital improvement plan in jurisdictions located in counties with over 250,000 residents; f) Adopt nexus studies at a public hearing with at least 30 days’ notice, and provide notice to members of the public that request it as specified; and g) Update nexus studies every eight years, from the period beginning on January 1, 2022.

7 The bill provides that nothing in the bill shall be construed to relieve a local agency from requirements to comply with the Mitigation Fee Act, the California Constitution, or applicable case law when calculating fee amounts. The bill allows a local agency to use the impact fee nexus study template the measure requires HCD to develop by January 1, 2024. The bill provides that its provisions do not apply to water and sewer connection and capacity charges.

The bill provides that any member of the public can submit evidence that local agency findings are insufficient, or the local agency failed to comply with specified requirements.

The legislative body must consider any such evidence and can change or adjust the fee if they deem necessary. The bill requires every city, county, or special district that has a website to post a written fee schedule or a link directly to the written fee schedule on its internet website.

The bill requires cities and counties to request from a development proponent, upon issuance of a certificate of occupancy or final inspection, whichever occurs last, the total amount of fees and exactions associated with the project. The city or county must post this information on its internet website, and update it at least twice per year, but is not responsible for its accuracy. The city or county may also include a disclaimer regarding the accuracy of this information.
 AB 634 by Assembly Member Wendy Carrillo (D-Los Angeles) – Density Bonus Law:
affordability restrictions.

This bill provides that, if permitted by a local ordinance, nothing shall be construed to prohibit a city or county from requiring an affordability period longer than 55 years for any units that qualify the applicant for a density bonus developed in compliance with a local inclusionary ordinance that requires that the development include a certain percentage of units for lower income households, as specified, and that will be financed without low- income housing tax credits.
 AB 721 by Assembly Member Richard Bloom (D-Santa Monica) – Covenants and restrictions: affordable housing.

This bill provides that recorded covenants, restrictions, or private limits that restrict the number, size, or location of the residences that may be built on a property, or that restrict the number of persons or families who may reside on the property, shall not be enforceable against the owner of an affordable housing development if an approved restrictive covenant modification document has been recorded in the public record. The bill defines an affordable housing development as one that is subject to a recorded affordability restriction requiring 100 percent of the units to be affordable to lower income housing for at least 55 years and requires that the property is owned or controlled by an entity or individual that has submitted a permit application to the jurisdiction to develop the project.  AB 787 by Assembly Member Jesse Gabriel (D-Encino) – Planning and zoning: housing element: converted affordable housing units.

8 This bill authorizes a city or county, for up to 25 percent of its moderate income Regional Housing Needs Assessment (RHNA) in its annual progress report (APR), to include the number of units in an existing multifamily building that were converted to deed-restricted housing for moderate income households through affordability covenants and restrictions on the units. The bill requires the APR to clearly indicate that these units were not newly constructed and to provide all relevant project- and unit-level information pursuant to existing APR requirements.
 AB 838 by Assembly Member Laura Friedman (D-Glendale) – State Housing Law:
enforcement response to complaints.

This bill requires a city or county that receives a complaint from a tenant, resident, or occupant regarding a building that contains lead hazards or is substandard to do all of the following: a) Inspect the building or portion intended for human occupancy that may contain lead hazards or that may be substandard pursuant to State Housing Law; b) Document any violations that would be discovered based upon a reasonably competent and diligent visual inspection of the property and identify any building or portion intended for human occupancy or the premises that is determined to be substandard, as applicable; and c) Advise the owner or operator of each violation and of each action required to remedy the violation and schedule a re-inspection to verify correction of the violations, as applicable. The bill requires a city or county to perform an inspection pursuant to this provision at least as promptly as required for a final building inspection.  AB 1029 by Assembly Member Kevin Mullin (D-South San Francisco) – Housing elements: prohousing local policies.

This bill adds to the list of policies that HCD may consider to be a pro-housing policy, the preservation of affordable housing units through the extension of existing project-based rental assistance covenants, if such covenants avoid the displacement of affected tenants or avoid a reduction in available affordable housing units.  AB 1043 by Assembly Member Isaac Bryan (D-Los Angeles) – Housing programs: rental housing developments: affordable rent.

This bill adds “acutely low income households” to the list of income categories for purposes of defining affordable rents. The bill also defines affordable rent for “acutely low income households” as the product of 30 times 15 percent AMI adjusted for family size appropriate for the unit and defines “acutely low income households” as persons and families whose incomes do not exceed 15 percent AMI, adjusted for family size and revised annually. The limits shall be published by HCD in the California Code of Regulations for all geographic areas of the State.
 AB 1095 by Assembly Member Ken Cooley (D-Rancho Cordova) – Affordable rental and owner-occupied housing: equity in state and local programs.

This bill clarifies that projects eligible for Affordable Housing and Sustainable Communities (AHSC) funding include owner-occupied housing, in addition to rental housing. The bill requires the Strategic Growth Council (SGC) to adopt guidelines or selection criteria that

9 include both affordable housing rental units and owner-occupied affordable housing units.

The bill provides that, for notices of funding availability released after July 1, 2022, SGC may include guidelines or criteria for the award of funds to projects that provide home ownership-opportunities for low-income individuals.
 AB 1174 by Assembly Member Tim Grayson (D-Concord) – Planning and zoning:
housing: development application modifications, approvals, and subsequent permits.

This bill provides that if a development proponent requests a development modification, the time during which the approval shall remain valid shall be extended for the number of days between the submittal of a modification request and the date of its final approval, plus an additional 180 days to allow time to obtain a building permit. If litigation is filed relating to the modification request, the time shall be further extended during the pendency of the litigation. The extension required shall only apply to the first request for a modification submitted by the development proponent. This change applies retroactively to developments approved prior to January 1, 2022.

The bill further provides that any objective building standards adopted after an application for development modifications is submitted may be agreed upon by the developer if the modification application is submitted after the first building permit application. This change applies retroactively to developments approved prior to January 1, 2022.

The bill requires a local government to consider an application for subsequent permits based upon the objective standards specified in any state or local laws that were in effect when the original development application was submitted, unless the developer agrees to a change in objective standards. This change applies retroactively to developments approved prior to January 1, 2022.
 AB 1297 by Assembly Member Chris Holden (D-Pasadena) – California Infrastructure and Economic Development Bank: public and economic development facilities: housing.

This bill expands the financing authority of the California Infrastructure and Economic Development Bank (IBank) to include housing projects, when that housing is necessary for the operation of the financed project. This new authority would apply to economic development facilities and public development facilities financed through any of the IBank's financing programs or authorities, as specified. In addition to requiring that the housing is required for the operation of the financed project, this bill also: 1) Requires housing projects to be incidental to the overall project and the cost of the housing component shall not represent more than 20 percent of the overall project costs financed by the bank; 2) Excludes the use of tax-exempt bonds issued by the IBank, which are subject to a State allocation of private activity bond cap, to finance the housing; and 3) Excludes moneys from the Infrastructure State Revolving Fund (SRLF) Program from being used to finance any housing component of an economic development or public development facility.
 AB 1304 by Assembly Member Miguel Santiago (D-Los Angeles) – Affirmatively further fair housing: housing element: inventory of land.

10 This bill clarifies that public agencies have a mandatory duty to comply with AFFH requirements. The bill requires a housing element’s inventory of sites that are suitable for housing development to include an analysis of the relationship of the sites to the jurisdiction’s AFFH duty, and whether the inventory affirmatively furthers fair housing.  AB 1398 by Assembly Member Richard Bloom (D-Santa Monica) – Planning and zoning:
housing element: rezoning of sites: prohousing local policies.

This bill provides that, beginning with the sixth housing element cycle, if a local government has not adopted a housing element that HCD deems substantially compliant with state law within 120 days of the applicable statutory deadline, it shall be required to complete its rezoning program within one year, instead of three. The bill removes the existing requirement that local governments that fail to adopt a compliant housing element within 120 days of the statutory deadline must revise their housing element not less than every four years until they have adopted at least two consecutive revisions by the statutory deadline.
 SB 8 by Senator Nancy Skinner (D-Berkeley) – Housing Crisis Act of 2019.

This bill extends the sunset on the HCA by five years, to January 1, 2030, and provides that until January 1, 2034, the HCA’s provisions apply to a housing development project that submits a preliminary application before January 1, 2030. The bill extends by 1 year, up to three and a half years, the period during which a local government may not impose new rules or standards on an affordable housing project, as defined.

The bill expands on the definition of “housing development project” for the purposes of the HCA to include both discretionary and ministerial projects, as well as projects to construct single dwelling units. This bill also says that these changes are declaratory of existing law and do not affect the interpretation of the scope of the Housing Accountability Act but provides that its changes do not affect a project for which an application was submitted before January 1, 2022.

The bill clarifies that the receipt of a density bonus is not a basis for finding a project out of compliance with local zoning rules. The bill defines, for the purposes of the requirement to upzone concurrently with a downzone, “concurrently” to mean at the same meeting, or within 180 days of the downzoning if the downzoning was requested by an applicant for a housing development project and refines the provisions governing what a downzone means to include any other action that would reduce the site’s residential development capacity in effect at the time of the proposed change. The bill clarifies that appeals and public meetings related to density bonus law are counted for the purposes of the five hearing limit in the HCA and includes technical changes to the limitation on a local government’s ability to reduce the intensity of land use in its jurisdiction.

The bill provides, regarding the HCA's demolition and replacement provisions, that: a) The replacement requirements must be followed, despite local density requirements that may be in conflict; b) Any existing occupants that are required to leave their units must be allowed to return at their prior rental rate if the demolition does not proceed and the property is returned to the rental market; c) Relocation and right-of-first-refusal

11 requirements no longer apply to occupants of any protected units that are moderate- income or high-income households; and d) The right of first refusal provided to occupants of protected units would not apply in the following circumstances: i) In a development project that consists of a single residential unit located on a site where a single protected unit is being demolished; and ii) In units in a housing development in which 100 percent of the units, exclusive of a manager's unit or units, are reserved for lower income households, and the existing residents of the protected unit would be precluded from occupying the new units based on requirements of one or more funding source of the housing development.
 SB 9 by Senator Toni G. Atkins (D-San Diego) – Housing development: approvals.

This bill requires a city or county to ministerially approve either or both of the following, as specified: a) A housing development of no more than two units (duplex) in a single-family zone; or b) The subdivision of a parcel zoned for residential use, into two approximately equal parcels (lot split). The bill requires that a development or parcel to be subdivided must be located within an urbanized area or urban cluster and prohibits it from being located on any of a number of specified areas.

The bill prohibits demolition or alteration of an existing unit of rent-restricted housing, housing that has been the subject of an Ellis Act eviction within the past 15 years, or that has been occupied by a tenant in the last three years. The bill further prohibits demolition of more than 25 percent of the exterior walls of an existing structure unless the local ordinance allows greater demolition or if the site has not been occupied by a tenant in the last three years.

The bill authorizes a city or county to impose objective zoning, subdivision, and design review standards that do not conflict with this bill, except: a) A city or county shall not impose objective standards that would physically preclude the construction of up to two units or that would physically preclude either of the two units from being at least 800 square feet in floor area. A city or county may, however, require a setback of up to four feet from the side and rear lot lines; and b) A city or county shall not require a setback for an existing structure or a structure constructed in the same location and to the same dimensions as the existing structure.

The bill prohibits a city or county from requiring more than one parking space per unit for either a proposed duplex or a proposed lot split and prohibits a city or county from imposing any parking requirements if the parcel is located within one-half mile walking distance of either a high-quality transit corridor or a major transit stop, or if there is a car share vehicle located within one block of the parcel.

The bill authorizes a city or county to require a percolation test completed within the last five years or, if the test has been recertified, within the last 10 years, as part of the application for a permit to create a duplex connected to an onsite wastewater treatment system.

The bill authorizes a local agency to deny a housing project otherwise authorized by this bill if the building official makes a written finding based upon the preponderance of the

12 evidence that the housing development project would have a specific, adverse impact upon health and safety or the physical environment and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. The bill requires a city or county to prohibit rentals of less than 30 days. The bill prohibits a city or county from rejecting an application solely because it proposes adjacent or connected structures, provided the structures meet building code safety standards and are sufficient to allow separate conveyance.

Among its other provisions, the bill provides that a city or county shall not be required to permit an ADU or JADU in addition to units approved under this bill. The bill requires a city or county to include the number of units constructed and the number of applications for lot splits under this bill, in its APR.

The bill requires a city or county to ministerially approve a parcel map for a lot split only if the local agency determines that the parcel map for the urban lot split meets the following requirements, in addition to the requirements for eligible parcels that apply to both duplexes and lot splits: a) The parcel map subdivides an existing parcel to create no more than two new parcels of approximately equal size, provided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel; b) Both newly created parcels are at least 1,200 square feet, unless the city or county adopts a small minimum lot size by ordinance; c) The parcel does not contain rent-restricted housing, housing where an owner has exercised their rights under the Ellis Act within the past 15 years, or has been occupied by tenants in the past three years; d) The parcel has not been established through prior exercise of an urban lot split; and e) Neither the owner of the parcel, or any person acting in concert with the owner, has previously subdivided an adjacent parcel using an urban lot split.

The bill requires a city or county to approve a lot split if it conforms to all applicable objective requirements of the Subdivision Map Act not except as otherwise expressly provided in this bill. The bill prohibits a city or county from imposing regulations that require dedicated rights-of-way or the construction of offsite improvements for the parcels being created, as a condition of approval.

The bill authorizes a city or county to impose objective zoning standards, objective subdivision standards, and objective design review standards that do not conflict with this bill. A city or county may, however, require easements or that the parcel have access to, provide access to, or adjoin the public right-of-way. The bill provides that a local government shall not be required to permit more than two units on a parcel. The bill prohibits a city or county from requiring, as a condition for ministerial approval of a lot split, the correction of nonconforming zoning conditions. The bill requires a local government to require an applicant for an urban lot split to sign an affidavit stating that the applicant intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of the approval of lot split, unless the applicant is a community land trust, as defined, or a qualified nonprofit corporation.

The bill provides that no additional owner occupancy standards may be imposed other than those contained within the provisions above, and that requirement expires after five years. The bill allows a city or county to adopt an ordinance to implement the urban lot

13 split requirements and duplex provisions and provides that those ordinances are not a project under CEQA. The bill allows a city or county to extend the life of subdivision maps by one year, up to a total of four years. Finally, the bill provides that nothing in this bill shall be construed to supersede the California Coastal Act of 1976, except that a local government shall not be required to hold public hearings for a coastal development permit applications under this bill.
 SB 10 by Senator Scott Wiener (D-San Francisco) – Planning and zoning: housing development: density.

This bill authorizes a city or county to pass an ordinance, notwithstanding any local restrictions on zoning ordinances that limit the legislative body’s ability to adopt zoning ordinances, to zone any parcel for up to 10 units of residential density, at a height specified by the ordinance, if the parcel is located in a transit-rich area or an urban infill site. The bill specifies that neither an ordinance adopted consistent with the provision above, nor any resolution ordinance or any other local regulation adopted to amend the jurisdiction’s general plan to be consistent with that ordinance, is a project for purposes of CEQA.

The bill requires a local agency that adopts an ordinance pursuant to this bill to do all of the following: a) Include a declaration that the zoning is adopted pursuant to this bill; b) The zoning ordinance shall clearly demarcate the areas that are zoned; c) Make a finding that the increased density is consistent with the city’s obligation to affirmatively further fair housing; and d) If the ordinance supersedes any zoning restriction established by a local initiative, the ordinance shall only take effect if adopted by a 2/3 vote of the members of the legislative body.

The bill prohibits, notwithstanding any other law permitting ministerial or by right approval of a development project, or any other CEQA exemption, a project of more than 10 units from receiving ministerial or by right approval if it uses the provisions of this bill. In addition, the creation of up to two ADUs or JADUs shall not count towards the total number of units when determining whether the project may be approved ministerially or by right and a project may not be divided into smaller projects in order to exclude the project from the prohibition.

The bill defines “transit-rich area” as a parcel within one-half mile of a major transit stop, or a parcel on a high-quality bus corridor. The bill defines “high-quality bus corridor” as a corridor with a fixed-route bus service that meets specified service interval times. The bill defines “urban infill site” as a site that satisfies all of the following: a) A site that is a legal parcel or parcels located in a city if the city boundaries include some portion of either an urbanized area or urban cluster or for unincorporated areas, a legal parcel or parcels wholly within the boundaries of an urbanized area or urban cluster; b) A site in which at least 75 percent of the perimeter adjoins parcels that are developed with urban uses.

Parcels that are only separated by a street or highway shall be considered to be adjoined; and c) A site that is zoned for residential use or residential mixed-use, or has a general plan designation that allows residential use or a mix of residential and non-residential uses, with at least two-thirds of the square footage of the development designated for residential use.

14 The bill excludes parcels located in either of the following: a) A high or very high fire hazard severity zone, except for sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development; or b) A local restriction enacted or approved by a local initiative that designates publicly owned land as open space or for park or recreational purposes.

The bill prohibits a local government from subsequently reducing the density of any parcels subject to an ordinance adopted pursuant to this bill. The bill provides that this bill shall not apply to a project located on a parcel or parcels that are zoned pursuant to an ordinance adopted under this bill, then subsequently rezoned without regard to this bill, as specified. The bill prohibits an ordinance adopted pursuant to this bill from reducing the density of any parcel subject to the ordinance. Finally, the bill includes a sunset of January 1, 2029, and authorizes an ordinance adopted pursuant to this bill to extend beyond January 1, 2029.
 SB 478 by Senator Scott Wiener (D-San Francisco) – Planning and Zoning Law: housing development projects.

This bill prohibits a local government from doing the following: a) For a housing development project consisting of three to seven units, impose a floor area ratio (FAR) standard that is less than 1.0; b) For a housing development project consisting of eight to 10 units, impose a FAR standard that is less than 1.25; and c) Deny a housing development project located on an existing legal parcel solely on the basis that the lot area of the proposed lot does not meet the local agency’s requirements for minimum lot size. The bill requires, to be eligible for the minimum FAR standards above, the housing development project to meet all of the following conditions: a) The project contains at least three but no more than 10 units; b) The project is located in a multifamily residential zone or a mixed-use zone, and is not located in either of the following: i) Within a single-family zone. ii) Within a historic district or property included in the State Historic Resources Inventory or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance; and c) The project is located on a legal parcel or parcels in a city if, and only if, the city boundaries include some portion of either an urbanized area or urban cluster, or, for unincorporated areas, a legal parcel or parcels wholly within the boundaries of an urbanized area or urban cluster.  SB 591 by Senator Josh Becker (D-Menlo Park) – Senior citizens: intergenerational housing developments.

This bill specifies that an intergenerational housing development may be established if all of the following requirements are met: a) The development is affordable to lower income households as specified; b) Eighty percent of the dwelling units are occupied by at least one senior citizen; and c) Up to 20 percent of the dwelling units may be occupied by at least one caregiver or transition age youth. The bill provides that, if a unit that is identified for occupancy by a caregiver or transition age youth ceases to house a caregiver or transition age youth, the owner, board of directors, or other governing body may require, at their discretion, the household in that unit to cease residing in the development upon receipt of a minimum of six months written notice. Termination of the tenancy would be allowed for the sole purpose of making the unit available for an eligible occupant.

15  SB 728 by Senator Robert Hertzberg (D-Van Nuys) – Density Bonus Law: purchase of density bonus units by nonprofit housing organizations.

This bill requires an applicant for a density bonus to agree that a for-sale unit meets either of the following: a) The unit is initially occupied by a person or family of very low-, low-, or moderate income and offered at an affordable housing cost; or b) The unit is purchased by a qualified nonprofit housing corporation pursuant to a specified recorded contract and includes all of the following: i) A repurchase option that requires a subsequent purchaser of the property. ii) An equity sharing agreement. Among other things, the following apply:
(1) Upon resale, the seller of the unit shall retain the value of any improvements, the down payment, and the seller’s proportionate share of the appreciation; and (2) If the unit is purchased or developed by a qualified nonprofit housing organization, the local government may enter into a contract under which the qualified nonprofit housing corporation would recapture any initial subsidy and its proportionate share of appreciate if the qualified nonprofit housing organization is required to use 100% of the proceeds to promote homeownership for lower income households; and iii) Affordability restrictions on the sale and conveyance of the property that ensure that the property will be preserved for lower income housing for at least 45 years for owner occupied housing units and will be sold or resold to only persons of very low-, low-, or moderate-income.  SB 791 by Senator Dave Cortese (D-San Jose) – California Surplus Land Unit.

This bill creates the Surplus Land Unit within HCD, subject to appropriation by the Legislature, to facilitate the development and construction of housing on local surplus property. The bill authorizes the Surplus Land Unit to: a) Facilitate agreements between, and provide technical assistance to, housing developers and local agencies relating to disposition of surplus land, available funding and financing instruments, and construction of housing on local surplus land; and b) Collaborate with the California Housing Finance Agency (CalHFA), the California Tax Credit Allocation Committee, the California Debt Limit Allocation Committee, and other relevant State agencies to assist housing developers and local agencies in obtaining financing to facilitate the construction of housing on surplus land.

City Related Legislation of Interest/Transportation
Summarized below are the significant pieces of transportation-related legislation approved by the Legislature and the outcome.
 AB 41 (Wood) – Broadband infrastructure deployment.

This bill requires Caltrans to install conduits for fiber optic telecommunications cables in areas identified by the California Public Utilities Commission (CPUC) for the construction of State-owned open access middle mile broadband infrastructure. The bill requires the CPUC to maintain and update a statewide, publicly accessible, and interactive map showing the accessibility of broadband service in the State, including, but not limited to, information identifying the percentage of each census block that has broadband service

16 meeting federal and State standards. Under this bill, the interactive must include a function allowing individuals to receive notifications when the CPUC updates the map.  AB 43 (Friedman) – Traffic safety.

This bill authorizes local authorities, when performing an engineering and traffic survey (ETS), to consider the safety of bicyclists and pedestrians, with increased consideration for vulnerable pedestrian groups. The bill authorizes Caltrans and local authorities, on streets where a 65 mph limit is applicable, to lower the speed limit to as low as 15 mph pursuant to an ETS. Current law permits the speed limit to be as low as 25 mph. The bill authorizes Caltrans or a local authority to round the 85th percentile speed either up or down to the nearest 5 mph. (e.g., if the 85th percentile speed is 43 mph the speed limit would be set at either 40 mph or 45 mph). Current law requires the 85th percentile speed to be rounded to the nearest 5 mph. (e.g., if the 8th percentile speed is 43 mph the speed limit could be set at 45 mph.)
The bill authorizes a local authority who, after completing an ETS, finds that the speed limit is more than reasonable or safe, to reduce the speed limit by 5 mph by ordinance if the highway is designated as a safety corridor, as defined by Caltrans, or the portion of highway is adjacent to any land or facility that generates high concentrations of bicyclists or pedestrians, as determined by Caltrans. A local authority may not lower speed limits pursuant to this section until June 30, 2024, or until the Judicial Council creates a tool for local jurisdictions to determine an individual’s ability to pay, whichever is sooner. A local authority may only issue warning citations for violations exceeding the speed limit by 10 mph or less for the first 30 days that the lower speed limit is in effect.  AB 773 (Nazarian) – Street closures and designations.

This bill defines a “Slow Streets Program” to include closures to vehicular traffic or through vehicular traffic of neighborhood local streets with connections to citywide bicycle networks; destinations, such as a business district, within walking distance; or green space. The bill authorizes a local authority to implement a Slow Streets program by adopting an ordinance that provides for the closing of streets to vehicular traffic or limiting access and speed on a street using roadway design features, including, but not limited to, islands, curbs, or traffic barriers.
 AB 917 (Bloom) – Vehicles: video images of parking violations.

This bill expands, until January 1, 2027, the existing video enforcement program for parking violations to include all public transit operators provided the operator includes options to reduce or waive the penalty if the violator is indigent and expands the video enforcement program to include bus and transit stops, in addition to transit-only lanes. The bill authorizes transit agencies to share the relevant data, video, and images of parking violations collected with the local parking enforcement entity and local agency in the jurisdiction where the violation occurred.
 AB 955 (Quirk) – Highways: encroachment permits: broadband facilities.

17 This bill requires Caltrans to provide public notice in writing of all utility encroachment permit criteria. The bill requires Caltrans to notify the applicant within 30 days after application submission if the application is deemed complete. If Caltrans’ fails to notify within 30 days, the application shall be deemed complete. The bill requires Caltrans, if it deems an application incomplete, to (a) provide a written notice to the applicant explaining why the application is incomplete and describing the information necessary to complete the application; (b) meet with the applicant within 14 days to discuss any outstanding supplemental information necessary to complete the application, if such a meeting is requested by the applicant; (c) provide the applicant with at least 30 days to resubmit its application with the supplemental information that Caltrans identified in the notice; and (d) approve or deny the permit application within 30 days of receiving supplemental information.
 AB 1337 (Lee) – Transportation: San Francisco Bay Area Rapid Transit District: policing responsibilities.

This bill provides that a person who enters or remains on any property, facilities, or vehicles on which the applicable transit entity owes policing responsibilities to a local government pursuant to an operations and maintenance agreement or similar interagency agreement without permission, or whose entry, presence, or conduct on that property interferes with, interrupts, or hinders the safe and efficient operation of the transit-related facility, is guilty of a misdemeanor. The bill extends the transit entity’s authority to issue prohibitions and the scope of the prohibition orders to include these properties. The bill also authorizes BART’s ordinance to be enforced outside of its jurisdiction only where the local jurisdiction has adopted the ordinance by reference as authorized by the local jurisdictions’ governing body.
 SB 339 (Wiener) – Vehicles: road usage charge pilot program.

This bill extends the sunset on the Road Usage Charge (RUC) Technical Advisory Committee (TAC) until January 1, 2027. The bill requires the State Transportation Agency (CalSTA) to implement a RUC pilot program to identify and evaluate issues related to the collection of revenue for a road charge program by January 1, 2023.  SB 500 (Min) – Autonomous vehicles: zero emissions.

This bill requires, commencing January 1, 2030, to the extent authorized by federal law, any autonomous vehicle of model year of 2031 or later and a gross vehicle weight rating of less than 8,501 pounds shall only be operated if it is a zero-emission vehicle.  SB 640 (Becker) – Transportation financing: jointly funded projects.

This bill authorizes two or more eligible cities, or one or more cities and a county to propose a project to be jointly funded with their respective local streets and roads (LSR) apportionments. The bill requires each city or county that proposes to jointly fund a project to include its participation in the project in its list of projects summited to the CTC.

18  SB 671 (Gonzalez) – Transportation: Clean Freight Corridor Efficiency Assessment.

This bill requires the CTC, in coordination with the Air Resources Board (ARB), California Energy Commission (CEC), the CPUC, and the Governor’s Office of Business and Economic Development (GO-Biz) to develop the Clean Freight Corridor Efficiency Assessment. The bill establishes the goal of the assessment is to identify freight corridors, or segments of corridors, and the infrastructure needed to support the deployment of zero- emission medium and heavy-duty vehicles. The bill requires the CTC, when developing the assessment, to consider the potential for emissions reductions, the infrastructure needed for charging and alternative fueling, including parking facilities; congestion reduction; improved road safety and resiliency; and the impacts to neighboring communities. The bill requires the CTC to develop the assessment in consultation with Caltrans, local governments, Metropolitan Planning Organizations (MPOs), RTPAs, representatives of the freight industry, stakeholders from low-income and disadvantaged communities, environmental organizations, public health representatives, and academia.  SB 790 (Stern) – Wildlife connectivity actions: compensatory mitigation credits.

This bill authorizes the California Department of Fish and Wildlife to approve compensatory mitigation credits for certain wildlife connectivity actions that measurably improve habitat connectivity or wildlife migration, such as adding an overpass or underpass for a roadway.

Looking Ahead to the 2021-22 Legislative Session
When the Legislature reconvenes on January 3, 2022, it will mark the beginning of the second year of the 2021-22 Legislative Session. The month of January will feature numerous deadlines which include the statutory deadline for the Governor to submit his preliminary budget, and the last day for each house to pass bills introduced in that house during the 2021 session, meaning many 2-year bills will have their fate determined within the first month back in session.

It is anticipated that when the Legislature returns to session, the political make-up of the Senate and Assembly will be similar to that of this year’s Legislature; that is to say that it is anticipated that the Democrats will hold strong super-majorities in both the Senate and the Assembly. Despite the similar political makeup of the upcoming session to previous sessions, there are some notable changes that will occur within the internal leadership of both houses. For instance, former Assembly Member David Chiu’s appointment to the San Francisco City Attorney position means that there will be a new Assembly Housing and Community Development Committee Chair – a significant role as the State continues to grapple with the housing crisis. Moreover, 2022 will bring other major changes, which include new congressional, and state Assembly and Senate districts, as part of the once every decade redistricting process, which will be in effect for the 2022 election cycle, as well as the election year politics that will inevitably make their way into the legislative arena.

With regard to 2022 hot policy issue areas, it is likely that transportation funding and its outstanding Budget issues, wildfire prevention and climate resiliency, the homelessness crisis, and COVID-19 economic recovery will likely take center stage. As mentioned, while issues like housing production will continue to be a priority issue area, it is possible that focus will be shifted away from the enactment of new housing laws, and onto the enforcement of existing laws. In a

19 similar vein, the Legislature may hold off on pursuing additional major policing reform measures, so they can allow the reform package was enacted this year to be put into practice.

Finally, in 2022 the Legislature will likely return to “business as usual,” meaning that the Legislature may begin to hold bill consideration hearings in person. During the 2021 Session, nearly all members and their staff worked remotely, meaning advocacy efforts and meetings were largely held via zoom or conference calls. If the transmission of COVID-19 subsides, in-person meetings will likely resume in place of call-in phone lines for bill hearings.

However, “business as usual” does not extend to the location in which the Legislature will resume session. Beginning this fall, all lawmakers and their respective staff will temporarily relocate to building dubbed the “Swing Space” as the Capitol building annex undergoes a complete renovation. The temporary facility will house hearing rooms, Legislator offices, and the Governor’s Office. It is located within a 5-minute walking distance from the Capitol. It is anticipated that the legislative and executive offices will occupy the swing space for the next three years.

In 2022, the Legislature will have had ample time to adjust their protocols to allow for the normal amount of legislative activity, committee hearings, and floor votes. As such, there will likely be an increase in the number of bills considered in all policy areas. So while the 2022 Legislative Session may again require focus on issues related to the state budget, COVID-19 recovery, homelessness, and wildfires, there will be significantly more legislation introduced that will have the potential to impact the City.

WWW.TOWNSENDPA.COM
SACRAMENTO • WASHINGTON, DC
NORTHERN CALIFORNIA • CENTRAL CALIFORNIA • SOUTHERN CALIFORNIA TPA Presentation to the
Concord City Council
January 25, 2022

Slide
2 Legislative Calendar
• Legislative Session ended September 10, 2021
• Legislative Statistics:
o 2021: 2, 421 bills introduced
o 2021: 770 bills signed
o 2020: 372 bills signed (COVID- 19 impacted)
o 2019: 870 bills signed
• January 3, 2022 - Legis lature Returned

Slide
3 Key State Issues in 2021
Housing
COVID/Local Governance Flexibility
Municipal Broadband
Public Safety
Transportation

Slide
4 Slide
4 Housing
AB 215 (Chiu) – This bill provides the Department of Housing and Community Development (HCD) with additional enforcement authority for local agency violations of specified housing laws and increases public review for housing elements.

SB 9 (Atkins) – This bill requires ministerial approval of a housing development of no more than two units in a single-family zone (duplex), the subdivision of a parcel zoned for residential use into two parcels (lot split), or both.
2021 Q2 Legislative Update

Slide
5 Slide
5 COVID
Response
–
State Legislation
AB 361 (R. Rivas) – This measure authorizes local agencies to meet remotely during declared state emergencies with Brown Act modifications to ensure continued delivery of critical public services. 2021 Q2 Legislative Update

Slide
6 Slide
6 Wireless Facilities
AB 14 (Aguiar-Curry) and SB 4 (Gonzalez) – These bills extend the California Advanced Services Fund (CASF) grant program to 2032 and authorize an increase to the annual surcharge collection cap from $66 million to $150 million.
2021 Q2 Legislative Update

Slide
7 Slide
7 Public Safety
AB 481 (Chiu) – This bill creates requirements to be met before a law enforcement agency may take a number of specific actions related to the acquisition and use of military equipment.

SB 2 (Bradford) – This bill grants new powers to the Commission on Peace Officer Standards and Training (POST) to investigate and determine peace officer fitness and to decertify officers who engage in “serious misconduct” and makes changes to the Bane Civil Rights Act to limit immunity.

SB 16 (Skinner) – This bill expands the categories of police personnel records that are subject to disclosure under the California Public Records Act (CPRA) and modifies existing provisions regarding the release of records subject to disclosure. 2021 Q2 Legislative Update

Slide
8 Slide
8 Transportation
AB 43 (Friedman) – This bill grants the California Department of Transportation and local authorities greater flexibility in setting speed limits based on recommendations from the Zero Traffic Fatality Task Force.
2021 Q2 Legislative Update

Slide
9 General Overview 2022
• 2022 is the Second Year of the 2-y ear Legislative Cycle • Legislature returned from Interim Recess on January 3, 2022 • Legislature’s top focus includes COVID response, hous ing and homelessness, climate resiliency, support for cannabis businesses, and how to spend another budget surplus • Musical Chairs in both Houses of the Legislature. There are currently 4 vacant Assembly seats and
Redistricting will pit some incumbents against others in 2022 elections • New “Swing-S pace” as Capitol Annex is remodeled

Slide
10 Per the Governor’s 2022 Budget Presentation, there
is a $45.7 billion operating surplus, of which $20.6
billion will be available for discretionary use
The windfall is fueled, like last year, with tax
revenue and federal funds.

Budget Forecast

Slide
11 Budget Forecast continued
• The G overnor’s proposed budget is largely focused on addressing “California’s five existential threats” which include addressing the COVID-19 crisis, investments
in climate resiliency, the rising cost of living,
homelessness, and public safety.
• The pr oposed early action portions of the budget include $1.4 billion in emergency appropriations to address the ongoing COVID-19 crisis.

Slide
12 Governor’s Proposed Budget continued
Small Business Investments
o$3 billion: Paying down UI debt
o$1 billion: Loan guarantees
o$500 million: Small business tax relief: venues and
r
estaurants
o$150 million: Small business COVID- 19 grant program

Slide
13 Governor’s Proposal continued
Public Safety
o Crime prevention
 $255 million: competitive grants for local law enforcement agencies ov
er the next three years to help advance the prosecution of retail crime rings.
 $30 million: grants to District Attorney offices to fight theft crimes  $25 million: statewide gun-buy back program
o Emergency response
 $17 million: early earthquake warning system
 $12 million: new Southern California Emergency response center

Slide
14 Governor’s Proposal continued
Transportation
o Zero Emissions Vehicles: $6.1 billion (appropriated over 5 years) o Transportation projects: $9.1 billion ($4.9 billion General Fund and $4.2 bi
llion Proposition 1A bond funds)
 $4.9 billion:
• $2 billion: transit and rail projects
• $1.25 billion: local projects
• $750 million: Bicycle/pedestrian safety/connecting communities pr
ojects
• $500m for grade crossings
• $400 million: climate adaptation
 $4.2 billion: High Speed Rail

Slide
15 Homelessness ($2 billion total)
O $1.5 billion: solutions to get people off the
streets and into shelters/treatment
O $500 million: encampments
O $10 million: Returning Home Well

Slide
16 Housing ($2 billion total)
This year, the Administration and Legislature will focus on relationship between climate action and housing policy, meaning housing production and density that is both sustainable and reduces sprawl that could overlap with areas of the state susceptible to natural disaster. o Sustainable Housing Developments
 $500 million: Infill Infrastructure Grant Program
 $300 million: Affordable Housing and Sustainable Communities  $100 million: State excess sites development
 $100 million: adaptive r
euse incentive grants
o Affordable hous ing
 $200 million f or Mixed-income housing development loans  $200 million: portfolio reinvestment program
 $100 million : mobile home par k rehabilitation

Slide
17 • Combatting the Climate Crisis
oForest Health: $1.2 billion
oWildfires: $648 million
oDrought: $750 million
oNature Based solutions: $2.1 billion

Slide
18 Next Steps/Key Dates
• February 18th is the deadline to introduce bills for
the 2022 legislative Session
• February, March, April will be Budget Committee
hear
ings
• Governor releases his May Revise Budget
• Legislature approves Budget by June 15th

Slide
19 Niccolo De Luca
Vice President
[email protected]
www.townsendpa.com
Andres Ramirez
Senior Associate
[email protected]
www.townsendpa.com
Thank You

1 REGULAR MEETING OF THE

CONCORD CITY COUNCIL/CITY

COUNCIL SITTING AS THE LOCAL

REUSE AUTHORITY/CITY COUNCIL

SITTING AS THE

CONCORD/PLEASANT HILL HEALTH

CARE DISTRICT

VARIOUS ELECTRONIC LOCATIONS
TUESDAY, DECEMBER 14, 2021
The Concord City Council met in a regular meeting via various telephonic/electronic locations at 6:30 p.m. on Tuesday, December 14, 2021, with Mayor Aliano presiding. Minutes follow in abbreviated form per Resolution 3361 and Council Minutes of September 26, 1966.

ROLL CALL

COUNCILMEMBERS PRESENT VIA
VARIOUS ELECTRONIC LOCATIONS: Edi Birsan, Laura Hoffmeister, Tim McGallian, Carlyn Obringer, Dominic Aliano

STAFF PRESENT VIA VARIOUS
ELECTRONIC LOCATIONS: Valerie Barone, City Manager; Susanne Brown, City Attorney; Justin Ezell, Assistant City Manager; Joelle
Fockler, City Clerk; Neetu Salwan, Deputy City Clerk;
Greg Taylor, Director of Information Technology; Jasmin Loi, Director of Human Resources; Kevin Marstall,
Interim Director of Community Development; Karan
Reid, Director of Finance; Steve Voorhies, Director of
Parks and Recreation; Aldrich Bautista, Associate Civil Engineer; Ali Hatefi, Associate Civil Engineer; Craig
Blythe, Administrative Services Manager; Eugene Loew,
Parks Maintenance Manager; Suzanne McDonald,
Financial Operations Manager; Brenda Kain, Housing
Manager; Bruce Davis, Senior Civil Engineer

MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: George Fulmore; Jack Fliehmann; D'Marco J. Anthony, Concord; Cora Mitchell; Wallace Freddie; Leann; Alex
Navarro; Hope Johnson; Peretz Wolf-Prusan; Traci
Young, Contra Costa Labor Council; Betty Gabaldon;
Guadalupe; Juan; Azucena Torres; Jima Monson,
Central County Regional Group (CCRG); Julia Zermeno,
CCRG; Kate O’Hara, East Bay Action; Laura Nakamura;
Debra Ballinger, Monument Impact; Efigenia Bravo,
Concord; William Colin; Alex Hernandez, CCRG; Blanca
Colin; Ilaf Esuf; Jan Warren, Social Justice Alliance of Contra Costa County; Rhovy Lyn Antonio, California
Apartment Association; Delores Ramos, Concord; Karen
Hernandez, Concord; Rhea Elena; Kristi Laughlin; Tony
Bravo, Monument Impact; Rev. Sophia Dewitt, East Bay
Housing Organization; Monique Doryland, Bay Area
Legal Aid; Millie Phillips, Faith Alliance for a Moral
Community; Karla, The Unity Council; Roxanne Carillo
Garza; Jenny Morales, Monument Impact; Judith
Herman; Ady; Jackie Zaneri

4.a4.a4.a

City Council Minutes December 14, 2021
2 ANNOUNCEMENT
City Manager Valerie Barone introduced new Director of Public Works William Tarbox.

PUBLIC COMMENT PERIOD
Emailed comments were read into the record by City Clerk Joelle Fockler.

George Fulmore spoke of the importance of having leaders to voice minority group issues and advocated for a diverse Council and City staff.

Jack Fliehmann emailed regarding the needs of Concord's homeless population.

D'Marco J. Anthony, Concord, emailed in response to and to denounce Supervisor Mitchoff’s comments regarding his public comment at the December 7 meeting and requested access to the City Council’s campaign contributions pledge.

PRESENTATION
CONTRA COSTA COUNTY DISTRICT ATTORNEY’S OFFICE – Update of Criminal Process District Attorney Diana Becton presented a report, explaining Fiscal Year 2021-22 Budget allocation criteria, provided 2020 performance statistics, and the criminal process overview.

Following questions by the City Council, Mayor Aliano opened a public comment period.

Cora Mitchell stated that the Council should listen to and partner with the District Attorney’s Office.

Wallace Freddie spoke of his experience getting stabbed and the person not getting charged for the crime.

George Fulmore stated that Vice Mayor Hoffmeister’s behavior toward the District Attorney was rude.

Leann stated that Vice Mayor Hoffmeister’s behavior toward the District Attorney was rude and unprofessional.

D’Marco J. Anthony, Concord, emailed requesting that Vice Mayor Hoffmeister be respectful during the City Council Meeting.

Alex Navarro emailed expressing his offense to Vice Mayor Hoffmeister’s tone of voice and rude behavior in interrupting the District Attorney.

Hope Johnson spoke of the lack of data from the police department and asked about the status of community policing.

Mayor Aliano closed the public comment period.

CITY COUNCIL/CITY COUNCIL SITTING AS THE LOCAL REUSE AUTHORITY (LRA)/CITY

COUNCIL SITTING AS THE CONCORD/PLEASANT HILL HEALTH CARE DISTRICT (CPHHCD) CONSENT CALENDAR
Mayor Aliano opened a public comment period, and upon receiving no public comment, closed the public comment period.

City Council Minutes December 14, 2021
3 CITY COUNCIL CONSENT CALENDAR
THE TREASURER'S REPORT FOR THE PERIOD JULY 1 - SEPTEMBER 30, 2021 – City Treasurer Patti Barsotti
This item was pulled from consideration on the Consent Calendar by George Fulmore who commented on the Treasurer’s Report.

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

A motion was made by McGallian and seconded by Birsan to receive the Treasurer's Report for the period July 1 - September 30, 2021. The motion passed by unanimous vote of the Council.

AWARD A CONSTRUCTION CONCTRACT FOR THE CITYWIDE ACCESSIBILITY IMPROVEMENTS NO. 8 (PROJECT NO. 2519) – GROUP 2 BRIDGES (PROJECT NO. 2371) – TNB Contractors Inc.

This item was pulled from consideration on the Consent Calendar by Councilmember Obringer to highlight the installation of 32 ramps in beginning in January 2022.

Following questions by the Council, Mayor Aliano opened a public comment period, and upon receiving no public comment, closed the public comment period.

A motion was made by Obringer and seconded by McGallian to award a Construction Contract in the amount of $296,804.50 to TNB Contractors Inc. for the Citywide Accessibility Improvements No. 8 (Project No. 2519); and authorize staff to utilize the available project contingency for contract change orders up to 10 percent of the contract amount, and authorize the Mayor to execute the contract in a form acceptable to the City Attorney; and approve a related budget transfer of $55,000 from Citywide Bridge Repair Program – Group 2 Bridges (Project No. 2371). The motion passed by unanimous vote of the Council.

APPROVAL OF PROFESSIONAL SERVICES AGREEMENT FOR THE DEVELOPMENT OF OBJECTIVE DESIGN STANDARDS – MIG, Inc.

A motion was made by McGallian and seconded by Obringer to approve a Professional Services Agreement with MIG, Inc. in the not to exceed amount of $138,211 for the development of Objective Design Standards; and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.

ADOPT RESOLUTION NO. 21-70 –OSIP, Art in Public Places, and Master Storm Drain Fees A motion was made by McGallian and seconded by Obringer to adopt a Resolution No. 21-70 entitled, “A Resolution Finding that there Remains a Reasonable Relationship between Current Needs for the Offsite Street Improvement Program (OSIP), Art in Public Places, and Master Storm Drain Fees, and the Purposes for which they were Originally Charged (Government Code Section 66000 et seq.).” The motion passed by unanious vote by the Council.

ACCEPTANCE OF IMPROVEMENTS FOR THE CONCORD COMMUNITY PARK IRRIGATION SUPPLY LINE PROJECT, PROJECT NO. 2242
A motion was made by McGallian and seconded by Obringer to accept of improvements for the Concord Community Park Irrigation Supply Line Project (Project No. 2242); direct the City Clerk to file a Notice of Completion; and ratify Construction Change Order No. 2 in the amount of $17,849.17. The motion passed by unanimous vote of the Council.

City Council Minutes December 14, 2021
4 ACCEPTANCE OF IMPROVEMENTS FOR COMMERCE AVENUE COMPLETE STREET, PROJECT NO. 2085, FEDERAL PROJECT NO. STPL-5135 (054)
A motion was made by McGallian and seconded by Obringer to accept of improvements for Commerce Avenue Complete Street, Project No. 2085 [Federal Project No. STPL-5135 (054)]; and direct the City Clerk to file a Notice of Completion. The motion passed by unanimous vote of the Council.

ACCEPTANCE OF IMPROVEMENTS FOR DOWNTOWN SEWER AND STREETSCAPE - PHASE 3B, PROJECT NO. 2446
A motion was made by McGallian and seconded by Obringer to accept of improvements for Downtown Sewer and Streetscape - Phase 3B (Project No. 2446), located at Mira Vista Terrace, Galindo Street, Sutter Street, Grant Street, and Clayton Road; and direct the City Clerk to file a Notice of Completion. The motion passed by unanimous vote of the Council.

APPROVAL OF PROFESSIONAL SERVICES AGREEMENT – Concord Softball Umpires A motion was made by McGallian and seconded by Obringer to approve of a one-year Professional Services Agreement with Concord Softball Umpires in the not-to-exceed amount of $73,750 per year, with the option to extend the agreement four (4) additional one (1) year periods, for a total not-to-exceed amount of $368,750 over the potential lifetime of the agreement; and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.

ADOPT RESOLUTION NO. 21-67 – Accepting California Department of Resources Used Oil Payment Funding
A motion was made by McGallian and seconded by Obringer to adopt a Resolution No. 21-67 entitled, “A Resolution Accepting and Appropriating Grant Funding from the California Department of Resources Recycling and Recovery Used Oil Payment Program (CalRecycle) in the Amount of $14,470 for the Oil Payment Program, Project No. 2327.” The motion passed by unanious vote by the Council.

CONSIDERATION OF MAINTENANCE SERVICES AGREEMENT AMENDMENT (CIP 2384— STREET MEDIAN TURF CONVERSION) – Banksia Landscape
This item was pulled from consideration on the Consent Calendar by Concord resident George Fulmore, who commented that the agreement was outsourcing work.

Following questions by the Council, Mayor Aliano opened a public comment period, and upon receiving no public comment, closed the public comment period.

A motion was made by McGallian and seconded by Obringer to the Banksia Landscape Maintenance Services Agreement to increase the total compensation by $364,449 to perform capital improvements and repairs to city medians, for a total not to exceed amount of $1,364,449 over two years; and authorize the City Manager to execute the Agreement in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.

ADOPT RESOLUTION NO. 21-68 – National Trust for Historic Preservation Grant Funding A motion was made by McGallian and seconded by Obringer to adopt a Resolution No. 21-68 entitled, “A Resolution Accepting and Appropriating National Trust for Historic Preservation Grant Funding in the Amount of $5,000, and Committing Necessary Matching Funds in the Amount of $5,000 to Complete a High-Level Needs Assessment of the Don Fernando Pacheco Adobe; and Authorizing the City Manager to Execute the Grant Agreement in a Form Acceptable

City Council Minutes December 14, 2021
5 to the City Attorney (Fund 630 - Building Maintenance).” The motion passed by unanious vote by the Council.

APPROVAL OF PROFESSIONAL SERVICES AGREEMENT FOR FINANCIAL AND ACCOUNTING SERVICES – Robert Half International, Inc
A motion was made by McGallian and seconded by Obringer to approve a Fourth Amendment to the Professional Services Agreement for Financial and Accounting Services with Robert Half International, Inc. in the amount of $145,000 for a not to exceed amount of $250,000 and authorize the City Manager to execute the agreement. The motion passed by unanimous vote of the Council.

APPROVAL OF THE 2022 CITY COUNCIL MEETING CALENDAR
A motion was made by McGallian and seconded by Obringer to approve the 2022 City Council Meeting Calendar. The motion passed by unanimous vote of the Council.

AWARD A PURCHASE A VACTOR SEWER CLEANING TRUCK – Owen Equipment A motion was made by McGallian and seconded by Obringer to award of purchase of a Vactor Sewer Cleaning truck in the amount of $501,206.15 to Owen Equipment. The motion passed by unanimous vote of the Council.

AWARD A CONSTRUCTION CONCTRACT FOR THE ARTERIAL/COLLECTOR LED STREETLIGHT RETROFIT (PROJECT NO. 2566) – DC Electric Group Inc.

A motion was made by McGallian and seconded by Obringer to award of a construction contract in the amount of $338,701 to DC Electric Group Inc. for the Arterial/Collector LED Streetlight Retrofit (Project No. 2566); authorize the Mayor to execute the contract in a form acceptable to the City Attorney; and disqualifyi the two lowest bids received as non-responsive.

The motion passed by unanimous vote of the Council.

CITY COUNCIL/LOCAL REUSE AUTHORITY/PLEASANT HILL-CONCORD HEALTH CARE

DISTRICT CONSENT CALENDAR
CITY COUNCIL RESOLUTION NO. 21-69, LOCAL REUSE AUTHORITY RESOLUTION NO. 21- 32, CONCORD/PLEASANT HILL HEALTH CARE DISTRICT RESOLUTION NO. 21-023 – Continue Meetings Remotely, AB 361
A motion was made by Aliano and seconded by Obringer to adopt Resolution No. 21-69, Local Reuse Authority Resolution No. 21-32, and Concord/Pleasant Hill Health Care District Resolution No. 21-023 entitled, “A Resolution Declaring the Need for the City Council, Local Reuse Authority, Concord/Pleasant Hill Health Care District, Standing City Council Subcommittees, and all City Boards, Commissions, and Committees to Continue to Meet Remotely Pursuant to AB 361.” The motion passed by unanimous vote of the Council.

The Mayor called the next two items out of agenda item The City Council considered the two Public Hearings prior to considering the Consideration agenda item. The next item considered was Agenda Item No. 6.b – the draft Tenant Anti-Harassment Ordinance.

PUBLIC HEARINGS
INTRODUCTION OF AN ORDINANCE – Amending Concord Municipal Chapter 19.50 “Residential Tenant Anti-Harassment Protection”
Housing Manager Brenda Kain presented the staff report, explaining that the Council was being requested to consider a Residential Tenant Anti-Harassment Protection Ordinance. She

City Council Minutes December 14, 2021
6 reviewed the actions by the HED Committee regarding the proposed ordinance and the key provisions of the proposed ordinance,
Following questions from the City Council, Mayor Aliano opened a public comment period.

The following people spoke in opposition to the proposed ordinance:

Peretz Wolf-Prusan
Traci Young, Contra Costa Labor Council
Betty Gabaldon
Guadalupe
Juan
George Fulmore
Azucena Torres
Jima Monson, Central County Regional Group (CCRG)
Julia Zermeno, CCRG
Kate O’Hara, East Bay Action
Laura Nakamura
Debra Ballinger, Monument Impact
Efigenia Bravo, Concord
William Colin
Alex Hernandez, CCRG
Blanca Colin
Ilaf Esuf
Jan Warren, Social Justice Alliance of Contra Costa County Rhovy Lyn Antonio, California Apartment Association
Delores Ramos, Concord
Karen Hernandez, Concord
Rhea Elena
Kristi Laughlin
The following people spoke in favor of sending the proposed Ordinance to the Housing and Economic Development Committee for review and revision:

Tony Bravo, Monument Impact
Rev. Sophia Dewitt, East Bay Housing Organization
Monique Doryland, Bay Area Legal Aid
Millie Phillips, Faith Alliance for a Moral Community
Karla, The Unity Council
Roxanne Carillo Garza
Jenny Morales, Monument Impact

City Council Minutes December 14, 2021
7 Judith Herman – email
Ady
Cora Mitchell spoke of Council’s inefficiency.

Jackie Zaneri spoke of a privately enforceable law and suggested using ordinances from Berkeley and Oakland as examples.

Mayor Aliano closed the public comment period.

A motion was made by Birsan and seconded by McGallian to have the Housing and Economic Development Committee review and revise the ordinance. The motion passed by unanimous vote of the Council.

Because the time was after 10:50 p.m., a motion was required to consider the rest of the Agenda items. A motion was made by Hoffmeister and seconded by Obringer to continue the meeting and consider the rest of the agenda items. The motion passed by unanimous vote of the Council.

Mayor Aliano recessed the meeting at 10:53 p.m. The meeting resumed at 11:04 p.m.

ADOPT RESOLUTION NO. 21-71 – Appropriation of Permanent Local Housing Allocation (PLHA) Grant Funds from the State of California
Housing Manager Brenda Kain presented the staff report, stating that the Council was being requested to adopt a resolution authorizing the application, acceptance, and appropriation of Permanent Local Housing Allocation (PLHA) Grant Funds from the State of California Housing & Community Development Department (HCD).

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

Cora Mitchell stated that there was no GARE Assessment and asked about a job description for the recommended Master Level Social Worker.

Ady asked about the timeline for hiring the recommended Master Level Social Worker and implementation of the program.

Mayor Aliano closed the public comment period.

A motion was made by Birsan and seconded by Obringer to adopt Resolution No. 21-71 entitled, “A Resolution Authorizing the Application, Acceptance, and Appropriation of Permanent Local Housing Allocation Grant Funds from the State of California in the Amount of $488,785 for Fiscal Year 2019, $759,724 for Fiscal Year 2020, and Amounts in the Next Three Fiscal Years to be Determined Each Following Fiscal Year.” The motion passed by unanious vote by the Council.

CONSIDERATION ITEM
ADOPT RESOLUTION NO. 21-4735.4 – Memorandum of Understanding (MOU) between the City & Confidential employees
ADOPT RESOLUTION NO. 21-4735.5 – Memorandum of Understanding (MOU) between the City & Management employees
ADOPT RESOLUTION NO. 21-4735.6 – Memorandum of Understanding (MOU) between the City & Executive Management employees

City Council Minutes December 14, 2021
8 APPROVAL OF AN AMENDMENT TO EMPLOYMENT AGREEMENT BETWEEN THE CITY OF CONCORD AND CITY MANAGER – Valerie Barone
ADOPT RESOLUTION NO. 21-4735.47 – one-time, “essential worker” and “Sworn Frontline First Responder” payment
Director of Human Resources Jasmin Loi presented the staff report, confirming that the City Council was being asked to adopt four Resolutions approving the MOU’s with the Confidential employees, Management employees, and Executive Management employees; a one-time, “Essential Worker” and “Sworn Frontline First Responder” payment; and approve an amendment to the City Manager Employment Agreement.

Mayor Aliano opened a public comment period.

Ady spoke in opposition of giving a “Sworn Frontline First Responder” payment to police.

Mayor Aliano closed the public comment period.

A motion was made by McGallian and seconded by Hoffmeister to adopt Resolution No. 21-4735.4 entitled, “A Resolution Approving Adjustments to Unrepresented City of Concord Confidential Employees’ Compensation and Benefits for the Period of July 1, 2021 through June 30, 2023.” The motion passed by unanious vote by the Council.

A motion was made by McGallian and seconded by Hoffmeister to adopt Resolution No. 21-4735.5 entitled, “A Resolution Approving Adjustments to Unrepresented City of Concord Management Employees’ Compensation and Benefits for the Period of July 1, 2021 through June 30, 2023.” The motion passed by unanious vote by the Council.

A motion was made by McGallian and seconded by Hoffmeister to adopt a Resolution No. 21-4735.6 entitled, “A Resolution Approving Adjustments to Unrepresented City of Concord Executive Management Employees, Including the City Attorney, Compensation and Benefits for the Period of July 1, 2021 through June 30, 2023.” The motion passed by unanious vote by the Council.

A motion was made by McGallian and seconded by Hoffmeister to approve an amendment to the employment agreement between the City of Concord and City Manager Valerie Barone approving a base wage increase of 1 percent effective November 15, 2021 and a 2 percent base wage increase effective the first pay period in July 2022. The motion passed by unanious vote by the Council.

A motion was made McGallian and seconded by Hoffmeister to adopt Resolution No. 21- 4735.7 entitled, “A Resolution Approving: (a) A One-Time, Non-Precedent Setting Lump Sum “Essential Worker” Payment in the Amount of $2,000 to be Paid to the Following Employee Groups: Confidential Employees, Management Employees, Executive Management Employees (including the City Manager and the City Attorney), Police Association Employees and Police Managers’ Association Employees; (b) A One-Time, Non-Precedent Setting Lump Sum “Sworn Frontline First Responder” Payment in the Amount of $1,400 to be Paid to All Police Association Employees; and (c) Authorizing a Budget Appropriation in an Amount to Not Exceed $635,700 from ARPA Fund 274 to Cover the Costs Associated with the “Essential Worker” and “Sworn Frontline First Responder” Payments.” The motion passed by unanious vote by the Council.

CORRESPONDENCE
a. Written Public Comment, Agenda Item No. 2.a
b. PowerPoint Presentation, Agenda Item No. 3.a – District Attorney’s Office c. Benched Correspondence, Agenda Item No. 4.d – AB1600 Annual Reporting d. PowerPoint Presentation, Agenda Item No. 5.a – Employee Compensation

City Council Minutes December 14, 2021
9 e. PowerPoint Presentation, Agenda Item No. 6.a – PLHA Grant Allocations f. Benched Correspondence, Agenda Item No. 6.b – Tenant Anti-Harassment g. PowerPoint Presentation, Agenda Item No. 6.b – Tenant Anti-Harassment

COUNCIL REPORTS
2022 COUNCIL COMMITTEES AND REGIONAL BODIES AND BOARDS OF EXTERNAL

ORGANIZATION
Mayor Aliano proposed appointments to the Council committees and regional bodies and boards of external organizations for 2022 are as follows:

APPOINTEES

CHAIR MEMBER
Standing Committees
Policy Development and Internal Operations Aliano Hoffmeister Housing and Economic Development McGallian Aliano
Infrastructure and Franchise Hoffmeister Obringer
Recreation, Cultural Affairs & Community Services Obringer Birsan Youth and Education Birsan McGallian

ORGANIZATION MEETING SCHEDULE MEMBER
SECOND
MEMBER
OR

ALTERNATE
Association of Bay Area
Governments (ABAG) General
Assembly
The General Assembly must be held by
April 1 of each year, the Spring Meeting
is usually held in March, and the Fall
General Assembly is held in October or
November.

Aliano McGallian
Central Contra Costa Transit
Authority (The County
Connection)
3rd Thursday of each month, 9 a.m.

Hoffmeister Obringer
East Bay Division of League of
CA Cities Board of Directors
3rd Thursday of each month, 6 p.m. McGallian Birsan
Transportation Partnership and
Cooperation Regional
Committee (TRANSPAC)
2nd Thursday of each month, 9 a.m.

McGallian Obringer
Citizen Corps Community
Emergency Response Team
(CERT)
Quarterly
Obringer Birsan
Marin Clean Energy Board 3rd Thursday of the month, 7 p.m. quarterly or as needed Birsan Obringer
Mayor Aliano informed the Council that his term on the John Muir Community Health Fund ends on December 31, 2021, and he did not wish to continue serving. He inquired if the

City Council Minutes December 14, 2021
10 other Councilmembers were interested in serving. It was the consensus of the City Council to open the position to current Planning Commissioners, and if one of the Planning Commissioner’s wants to serve, appoint in January 2022.

Following questions and comments from the City Council, Mayor Aliano opened a public comment period.

Cora Mitchell stated that the public should serve on the City Council Standing Committees.

Ady spoke in favor of the public serving on the City Council Standing Committees and stated that there should be consistency in the representation to the H&ED Committee.

Mayor Aliano closed the public comment period.

A motion was made by McGallian and seconded by Birsan to confirm the 2022 appointments to the City Council on Council committees and regional bodies and boards of various external organizations of which the City is a member as recommended by Mayor Aliano.

The motion passed by unanimous vote of the Council.

Mayor Aliano announced that beginning the first meeting in 2022, he planned on reducing the public comment period from three minutes to two minutes per public speaker for 2022 Council meetings. He requested and received support to have the PDIO Committee discuss potential Councilmember speaking time limits.

Mayor Aliano opened a public comment period.

The following people spoke in opposition to reducing the public comment period:

Hope Johnson
Cora Mitchell
Ady
Mayor Aliano closed the public comment period.

Following discussion by the City Council, Mayor Aliano determined that the public comment period would remain at three minutes per public speaker unless, on occasion, the large amount of speakers on an item makes it necessary to reduce the time to two minutes per speaker.

ADJOURNMENT
By order of the Mayor, the meeting was adjourned on December 15, 2021, at 12:50 a.m. in the memory of Richard P. Clayton.

DOMINIC ALIANO
MAYOR

JOELLE FOCKLER, MMC

CITY CLERK

SPECIAL MEETING OF THE

CONCORD CITY COUNCIL/CITY COUNCIL

SITTING AS THE LOCAL REUSE

AUTHORITY/CITY COUNCIL SITTING AS THE

CONCORD/PLEASANT HILL HEALTH CARE

DISTRICT

VARIOUS ELECTRONIC LOCATIONS
TUESDAY, JANUARY 10, 2022
The Concord City Council met in a special meeting via various telephonic/electronic locations at 6:30 p.m. on Tuesday, January 10, 2022, with Mayor Aliano presiding. Minutes follow in abbreviated form per Resolution 3361 and Council Minutes of September 26, 1966.

ROLL CALL

COUNCILMEMBERS PRESENT VIA
VARIOUS ELECTRONIC LOCATIONS: Edi Birsan, Laura Hoffmeister, Tim McGallian, Carlyn Obringer, Dominic Aliano

STAFF PRESENT VIA VARIOUS
ELECTRONIC LOCATIONS: Valerie Barone, City Manager; Susanne Brown, City Attorney; Justin Ezell, Assistant City Manager; Joelle Fockler, City Clerk; Neetu Salwan, Deputy City Clerk; Israel Mora, Executive Assistant; Greg Taylor, Director of Information Technology; Mark Bustillos, Chief of Police; William Tarbox, Director of Public Works; Karan Reid, Director of Finance; Tamra Roberts, Police Lieutenant; Kevin Marstall, Interim Director of Community Development; Jennifer Ortega, Community Relations Manager; Suzanne McDonald, Financial Operations Manager; Bruce
Davis, Interim City Engineer; Bernard Enrile, CIP Manager; Tianjun Cao, Associate Civil Engineer; Ali Hatefi, Associate Civil Engineer; Kevin Wheat, Associate Civil Engineer

MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: George Fulmore; Natalie; Millie Phillips; Betty Gabaldon; Mara Berton; Ady; Kristi Laughlin

PRESENTATION

UPDATE ON THE MENTAL HEALTH EVALUATION TEAM (MHET)
Mayor Aliano introduced Lt. Tamra Roberts, who gave an update on the Mental Health Evaluation Team.

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

George Fulmore complimented Lt. Roberts on a great presentation.

Natalie thanked Lt. Roberts for a good presentation and suggested putting links to mental health services on the City’s website.

Mayor Aliano closed the public comment period.

Because the public hearing item was scheduled to begin at 7 p.m., the next agenda item was heard out of agenda order.

CITY COUNCIL PUBLIC HEARING
REDISTRICTING PROCESS – PUBLIC HEARING NO. 2
Assistant City Manager Justin Ezell introduced the item and Community Relations Manager Jennifer Ortega, who provided information on public outreach for the redistricting process. She turned the presentation over to the City’s demographer, Michael Wagaman, who reviewed the redistricting timeline, district criteria, current district lines, and the definition of a community of interest, and specified available resources.

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

Millie Phillips spoke of shaping districts that improve access to lower income people in Concord so they have access to democracy in Concord.

George Fulmore suggested adding Regante Lane to District 3.

Betty Gabaldon urged that the Council take into account low income tenants so they have a voice in district representation.

Mara Berton requested access to an overlay tool to create maps for communities of interest.

Natalie stated that a rule should be make that candidates cannot move into a district just to run for office.

Ady asked if more drop-in informational community meetings could be scheduled.

Kristi Laughlin urged thorough review of current districts and stated that current district lines shouldn’t be automatically adopted.

Mayor Aliano closed the public comment period.

Staff was directed to proceed with the redistricting process and return to the next public hearing with mapped information on average income, poverty level, and housing types, and focus on draft maps, including those submitted by the public.

CITY COUNCIL/CITY COUNCIL SITTING AS THE LOCAL REUSE AUTHORITY (LRA)/CITY COUNCIL

SITTING AS THE CONCORD/PLEASANT HILL HEALTH CARE DISTRICT (CPHHCD) CONSENT

CALENDAR

CITY COUNCIL CONSENT CALENDAR
Mayor Aliano opened a public comment period.

Natalie spoke on Agenda Item No. 3.g, the adoption of a Resolution to continue virtual meetings pursuant to AB 361, stating that public comment speaking time should remain at three minutes per speaker and requesting to hold Council meetings in person as soon as safely possible.

Mayor Aliano closed the public comment period.

APPROVAL OF MEETING MINUTES – October 12, 26, and 27, November 2, 9, and 29, and December 6 and 7, 2021
A motion was made by McGallian and seconded by Obringer to approve the meeting minutes from the October 12, 26, and 27, November 2, 9, and 29, and December 6 and 7, 2021. The motion passed by unanimous vote of the Council.

ADOPT RESOLUTION NO. 22-1 – Transportation Development Act – Article 3 Pedestrian and Bicycle Project Funding for Fiscal Year 2022-2023
A motion was made by McGallian and seconded by Obringer to adopt Resolution No. 22-1 entitled, “A Resolution Approving the Request to the Metropolitan Transportation Commission by the City of Concord for an Allocation of $216,000 of Transportation Development Act Article 3 Pedestrian and Bicycle Project Funding for Fiscal Year 2022-23.” The motion passed by unanimous vote of the Council.

APPOINTMENT TO CONTRA COSTA COUNTY AVIATION ADVISORY COMMITTEE – McMahon A motion was made by McGallian and seconded by Obringer to reappoint Keith McMahon to continue to serve as the City of Concord’s representative on the Contra Costa County Aviation Advisory Committee for a two-year term ending February 28, 2023. The motion passed by unanimous vote of the Council.

ACCEPTANCE AND APPROPRATION OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION PER CAPITA GRANT FUNDS – Willow Pass Park Fitness Renovation (Project No. 2523) This item was pulled from consideration on the Consent Calendar by Councilmember Obringer who highlighted the funding and purpose of the project – to upgrade the underused play structure.

A motion was made by Hoffmeister and seconded by Birsan to accept and appropriate $257,273 from the California Department of Parks and Recreation Per Capita Grant Funds for the Willow Pass Park Fitness Renovation, Project No. 2523. The motion passed by unanimous vote of the Council.

APPROVE AMENDMENT TO AGREEMENT – NCE
This item was pulled from consideration on the Consent Calendar by Councilmember Obringer who highlighted the parking lot lighting design which was developed as a result of community involvement.

A motion was made by Obringer and seconded by Birsan to approve an amendment to the Professional Services Agreement with NCE in an additional amount of $102,458 (for a new not to exceed amount of $447,052) to provide additional design engineering and related services for Hillcrest Park Regional Green Infrastructure Project, Project No. 2512; and authorize the City Manager to execute the agreement, subject to the approval of the City Attorney. The motion passed by unanimous vote of the Council.

ACCEPT ANNUAL COMPREHENSIVE FINANCIAL REPORT WITH THE INDEPENDENT AUDITORS’ REPORT AND REQUIRED COMMUNICATIONS LETTER – June 30, 2021 A motion was made by McGallian and seconded by Obringer to accept the Annual Comprehensive Financial Report with the Independent Auditors’ Report and Required Communications Letter for the fiscal year ending June 30, 2021. The motion passed by unanimous vote of the Council.

CITY COUNCIL/LOCAL REUSE AUTHORITY/CONCORD-PLEASANT HILL HEALTH CARE DISTRICT

CONSENT CALENDAR
CITY COUNCIL RESOLUTION NO. 22-2, LOCAL REUSE AUTHORITY RESOLUTION NO. 22-33, CONCORD/PLEASANT HILL HEALTH CARE DISTRICT RESOLUTION NO. 22-024 – Continue Meetings Remotely, AB 361
A motion was made by McGallian and seconded by Obringer to adopt Resolution No. 22-2, Local Reuse Authority Resolution No. 22-33, and Concord/Pleasant Hill Health Care District Resolution No. 22- 024 entitled, “A Resolution Declaring the Need for the City Council, Local Reuse Authority, Concord/Pleasant Hill Health Care District, Standing City Council Subcommittees, and all City Boards,

Commissions, and Committees to Continue to Meet Remotely Pursuant to AB 361.” The motion passed by unanimous vote of the Council.

CORRESPONDENCE
a. PowerPoint Presentation – Agenda Item No. 2.a – MHET Presentation b. Staff PowerPoint Presentation – Agenda Item No. 4.a – Redistricting c. Demographer PowerPoint Presentation – Agenda Item No. 4.a - Redistricting

ADJOURNMENT
By order of the Mayor, the meeting was adjourned on January 10, 2021, at 8:34 p.m. in the memory of Dr. Michelle Hernandez.

DOMINIC ALIANO
MAYOR

JOELLE FOCKLER, MMC

CITY CLERK

Benched Agenda Item No. 4.a
January 10, 2022 Meeting Minutes
January 25, 2022

Changes in red/strikeout font

ACCEPTANCE AND APPROPRATION OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION PER CAPITA GRANT FUNDS – Willow Pass Park Fitness Renovation (Project No. 2523)

This item was pulled from consideration on the Consent Calendar by Councilmember Obringer who highlighted the funding and purpose of the project – to replace upgrade the underused play structure with fitness stations.

A motion was made by Hoffmeister and seconded by Birs an to accept and appropriate $257,273 from the California Department of Parks and Recreation Per Capita Grant Funds for the Willow Pass Park Fitness Renovation, Project No. 2523. The motion passed by unanimous vote of the Council.

Staff Report
Date: January 25, 2022
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: William Tarbox, Director of Public Works
Prepared by: Jesse Crawford, Public Works Superintendent [email protected]
(925) 671-3002
Subject: Considering acceptance of the improvements for the 2021 Citywide Arterial and Collector Pothole and Base Repair Pavement Maintenance, Project No. 2567; and directing the City Clerk to file a Notice of Completion.

Report in Brief
On June 8, 2021, the City Council approved the 2021 Citywide Arterial and Collector Pothole and Base Repair Project (PJ No. 2567) when it adopted the mid-cycle adjustments to the CIP Budget for Fiscal Years 2020-2021 and 2021-2022. The project was funded with Measure V funds and constructed pothole and base repairs on heavily traveled segments of arterial and collector streets. The work was satisfactorily completed as of December 17, 2021.

Recommended Action
Accept the improvements for the 2021 Citywide Arterial and Collector Pothole and Base Repair Project (PJ No. 2567); and direct the City Clerk to file a Notice of Completion.

Background
The City Council approved the 2021 Citywide Arterial and Collector Pothole and Base Repair Project (PJ No. 2567) when it adopted the mid-cycle adjustments to the CIP Budget for Fiscal Years 2020-2021 and 2021-2022 at its regular meeting on June 8, 2021. The mid- cycle budget adjustment funded this Base repair Project with Measure V funds. Council’s goal in funding this project was to demonstrate to Concord’s voters, who supported Measure V, the immediate and visible investment into roadways through the City’s

4.b4.b

City Council Agenda Report
Agenda Item No. 4.b
January 25, 2022
updated Five Year Pavement Expenditure Plan.The project constructed pothole and base repairs on the following heavily traveled segments of arterial and collector streets:
 Ayers Road - Concord Boulevard to Clayton Road
 Concord Boulevard - Bailey Road to Trailcreek Court  Cowell Road - Babel Lane to Cape Cod Way
 Galindo Street - Concord Boulevard to Cowell Road
 Kirker Pass Road - Clayton Road to Kirkwood Drive
 Myrtle Drive - Springridge Court to Brownwood Court Public Works collaborated with the Engineering Division thru field investigations and data research to select repair locations, on a citywide basis, that complements the City’s Pavement Management Program.

Analysis
MCK Services Inc. (MCK) of Concord, California was the apparent low bidder and submitted a total bid of $699,900.00 to construct the improvements for the 2021 Citywide Arterial and Collector Pothole and Base Repair Pavement Maintenance Project. After review of MCK’s bid documents, staff determined that MCK submitted a responsible and responsive construction bid.

The project was scoped out with a target engineer’s estimate of $850,000. Bid additives were included in the bid package to allow the City the flexibility to award a combination of bid schedules that best fit the project budget. MCK’s bid of $699,900 plus 15% contingency for a total of $804,885 enabled the project budget to fund the base bid and the three additive bid schedules.

Financial Impact
2021 Citywide Arterial and Collector Pothole and Base Repair Project (PJ No. 2567) was completed in the total amount of $804,204, which is $681 less than the project budget.

Public Contact
The City Council Agenda was posted.

Attachment

1. Notice of Completion

RECORDING REQUESTED BY AND WHEN
RECORDED MAIL TO:

Cit
y 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 MCK Services (Contractor) dated September 28th 2021. The surety on said contract is held by Fidelity and Deposit Company of Maryland
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:

MCK Services 865 Howe Road Martinez Ca, 94553
(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: Project No. 2567 2021 Citywide Arterial and Collector Pothole and Base repair Pavement Maintenance Project. • Aye rs Road - Concord Boulevard to Clayton Road.
• Con cord Boulevard - Bailey Road to Trailcreek Court
• Co well Road - Babel Lane to Cape Cod Way
• Ga lindo Street - Concord Boulevard to Cowell Road
• Ki rker Pass Road - Clayton Road to Kirkwood Drive
• My rtle Drive - Springridge Court to Brownwood Court
(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 B(4) 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: December 17, 2021
I, William Tarbox, say I am the Director of Public Works 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
______________________________________
Kevin Marstall, PE, City Engineer (Signature)
ATTEST:
______________________________________
Joelle Fockler, MMC
City of Concord City Clerk
Attachment 1 Page 3 of 4

Staff Report
Date: January 25, 2022
To: City Council
From: Valerie J. Barone, City Manager
Prepared by: Greg Taylor, Director of Information Technology [email protected]
(925) 671-3189
Subject: Considering approval of the purchase of Cisco Systems computer network infrastructure equipment from Zones, LLC. in an amount not to exceed $673,808.23, including a 15% contingency, in accordance with the City’s technology
replacement schedule. (General Fund)
CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c),
15061(b)(3), and/or 15378.

Report in Brief
The City of Concord replaces its Cisco Systems computer network infrastructure, which includes switches, routers, network cores, security systems and other computer infrastructure approximately every 5 years in accordance with the City’s computer hardware replacement schedule. This ensures optimal network performance, security best practices, and the prevention of hardware failures. Due to technology supply chain difficulties and shifting priorities brought on by the COVID-19 global pandemic, the City’s computer infrastructure refresh was postponed in 2020. The City’s network infrastructure is now 7 years old and has reached end of life.

The City uses Cisco for the majority of its network infrastructure equipment so that systems are more easily interchangeable, configurations can be standardized, and installations quickly replicated. By leveraging the National Association of State Procurement Officers (NASPO) Value Point Cooperative contracts, the City can obtain superior pricing through economies of scale. Cisco Systems are part of the NASPO Value Point Master Price Agreement Contract No. AR3227, of which the State of

4.c4.c

City Council Agenda Report
Agenda Item No. 4.c
January 25, 2022
California participates through California Participating Addendum No. 7-20-70-47-01.

The City can use the NASPO Value Point Cooperative to purchase network infrastructure equipment at lower prices than those the City would obtain through performing its own competitive bidding.

A citywide network and security assessment was completed in 2021 to determine the infrastructure needs of the City. The total cost to replace end of life equipment, upgrade the City’s wireless network, and implement new security measures throughout city facilities is $585,920.20. After adding in a 15% contingency, the total not to exceed amount requested is $673,808.23 to upgrade and replace the City’s end of life network infrastructure citywide. All requested funding has been previously identified and approved in CIP #2218, Citywide Technology Hardware and Software Replacement.

Recommended Action
Authorize the City Manager to approve the purchase of Cisco Systems computer network infrastructure equipment from Zones, LLC. in an amount not to exceed $673,808.23, including a 15 contingency%, in accordance with the City’s technology replacement schedule.

Background
The City, in conjunction with the IT and Finance Departments, maintains a replacement schedule and fund for IT equipment costing over $500. The City uses Cisco Systems for the majority of its network infrastructure, to include switches, routers, network cores, security systems and other computer infrastructure in order to capitalize on interchangeable parts, standardized configurations, and similar software setups.

In 2021 a citywide network and security assessment was completed to determine the City’s infrastructure needs. From this assessment it was found that the City required new switches, routers, network cores, various wireless devices, the Cisco Umbrella security system, and various other computer infrastructure equipment to ensure the stability of our critical operations. A full listing of requirements is in Attachment 1. The cost for these upgrades and replacements is $673,808.23, including a %15 contingency, and all funding has been approved in CIP 2218, Citywide Hardware and Software Replacement.

This action will authorize the purchase of Cisco Systems computer network infrastructure equipment from Zones, LLC. in an amount not to exceed $673,808.23, including a 15% contingency, using the NASPO Value Point Cooperative Purchase Agreement Contract No. AR3227. Concord Municipal Code authorizes purchases through cooperative purchasing agreements when it is determined to be in the best interest of the City. Staff’s comparison of the City’s and the State of California’s procurement processes supports the finding that they are substantially similar. Further, staff concluded that the NASPO Value Point Cooperative obtains prices lower than those the City would obtain through its own competitive bidding.

City Council Agenda Report
Agenda Item No. 4.c
January 25, 2022
Analysis
While there are other network infrastructure vendors, Cisco Systems is the leader in the industry and has been the City’s chosen standard for over a decade. This allows for standardization, strong integrations, and easily interchangeable parts. In addition, IT staff is highly knowledgeable on Cisco products making maintenance, updates, and configuration efforts more manageable and cost effective. To select an alternative brand would increase complexity, introduce compatibility issues, and delay the deployment process.

Procurement Process
Pursuant to Municipal Code-Title 3 Revenue and Finance-Chapter 3.10 Purchasing, the City may participate in a cooperative purchase or piggyback off of an existing contract and join with other public jurisdictions in cooperative purchasing plans or programs when determined to be in the City’s best interest. NASPO is aggressive in searching for the best prices by issuing nationwide RFPs inviting top manufactures to submit proposals for the various government needs. After the bid opening occurs, NASPO and the partnering government entity enters into a contract with the best vendor. This is an example of the waiver of bidding regulations, as stated in the Municipal Code section

3.10.080.

Environmental Determination
Pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(3), and/or 15378, City Council action on this item is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, and falls within the “common sense” exemption set forth in CEQA Guidelines Section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.”
Financial Impact
There is no additional fiscal impact associated with this action as all necessary funding has been previously budgeted and approved in the Citywide Technology Hardware and Software Replacement CIP project #2218.

Public Contact
The City Council Agenda was posted.

Attachment

1. Zones, LLC Cisco Systems equipment list

Date 12/10/2021
Expires 1/15/2022
From Aqil Khan To City of Concord
[email protected] [email protected]
253‐545‐7209 (925) 603‐5957
Line Number Part Number Description Service Duration
(Months) Qty Unit Net Price Extended Net
Price Tax Yes/No

1.0 N9K-C93180YC-FX Nexus 9300 with 48p 1/10/25G, 6p
40/100G, MACsec --- 2 $9,213.60 $18,427.21 Yes
$8,774.86 $17,549.72

1.0.1 CON-SNT-N93YCFX SNTC-8X5XNBD Nexus 9300 with 48p 12 2 $959.54 $1,919.09 No $913.85 $1,827.70

1.1 MODE-NXOS Dummy PID for mode selection 12 2 $0.00 $0.00 No $0.00 $0.00

1.2 NXK-AF-PI Dummy PID for Airflow Selection Port-side Intake 12 2 $0.00 $0.00 No
$0.00 $0.00

1.3 NXOS-10.1.2 Nexus 9500, 9300, 3000 Base NX-OS
Software Rel 10.1.2 12 2 $0.00 $0.00 No
$0.00 $0.00

1.4 C1-SUBS-OPTOUT OPT OUT FOR "Default" DCN
Subscription Selection 12 2 $0.00 $0.00 No
$0.00 $0.00

1.5 NXK-ACC-KIT-1RU Nexus 3K/9K Fixed Accessory Kit, 1RU front and rear removal 12 2 $0.00 $0.00 No
$0.00 $0.00

1.6 NXA-PAC-500W-PI Nexus NEBs AC 500W PSU - Port Side Intake 12 4 $0.00 $0.00 No
$0.00 $0.00

1.7 CAB-9K12A-NA Power Cord, 125VAC 13A NEMA 5-15
Plug, North America 12 4 $0.00 $0.00 No
$0.00 $0.00

1.8 NXA-FAN-30CFM-B Nexus Fan, 30CFM, port side intake
airflow 12 8 $0.00 $0.00 No
$0.00 $0.00

1.9 ACI-STRG DCN Storage SW License 12 2 $7,113.45 $14,226.89 Yes $6,774.71 $13,549.42

1.9.0.1 CON-ECMU-ACISTRG SWSS UPGRADES DCN Storage SW
License 12 2 $262.48 $524.96 No
$249.98 $499.96

1.10 QSFP-100G-CU2M 100GBASE-CR4 Passive Copper Cable,
2m 12 2 $146.79 $293.58 Yes
$139.80 $279.60

1.11 SFP-H25G-CU2M 25GBASE-CU SFP28 Cable 2 Meter 12 2 $56.46 $112.92 Yes $53.77 $107.54

2.0 C8500L-8S4X Cisco Catalyst 8500 Series 4x SFP+ and
8x SFP, 4x10GE, 8x1GE --- 1 $13,346.17 $13,346.17 Yes
$12,710.64 $12,710.64

2.0.1 CON-SSSNC-C8500L8X SOLN SUPP NCD Cisco Catalyst 8500 Series 12-port SFP+, 12 1 $2,644.13 $2,644.13 No
$2,518.22 $2,518.22

2.1 MEM-C8500L-32GB Cisco C8500L 32GB DRAM 12 1 $1,806.59 $1,806.59 Yes $1,720.56 $1,720.56

2.2 M2USB-16G Cisco Catalyst 8000 Edge M.2 USB 16GB 12 1 $0.00 $0.00 No $0.00 $0.00

2.3 C8500L-RM-19-1R Cisco Catalyst 8500L Rack mount kit - 19" 1R 12 1 $0.00 $0.00 No
$0.00 $0.00

2.4 C-RFID-1R Cisco Catalyst 8000 Edge RFID - 1RU 12 1 $0.00 $0.00 No $0.00 $0.00

2.5 NETWORK-PNP-LIC Network Plug-n-Play Connect for zero- touch device deployment 12 1 $0.00 $0.00 No
$0.00 $0.00

2.6 C8000-HSEC U.S. Export Restriction Compliance
license for C8000 series 12 1 $0.00 $0.00 No
$0.00 $0.00

2.7 SC8KAESUK9-175 UNIVERSAL 12 1 $0.00 $0.00 No $0.00 $0.00

2.8 IOSXE-AUTO-MODE IOS XE Autonomous boot up mode for
Unified image 12 1 $0.00 $0.00 No
$0.00 $0.00

2.9 PWR-CH1-400WAC Cisco C8500L 400W AC Power Supply,
Reverse Air 12 2 $0.00 $0.00 No
$0.00 $0.00

2.10 CAB-AC AC Power Cord (North America), C13,
NEMA 5-15P, 2.1m 12 2 $0.00 $0.00 No
$0.00 $0.00

3.0 L-DNA-C8500 Cisco DNA Subscription for Catalyst 8500 Series --- 1 $0.00 $0.00 No
$0.00 $0.00

3.1 C85L-8S4X-PF C8500L-8S4X Platform Selection for DNA Subscription --- 1 $0.00 $0.00 No
$0.00 $0.00

3.2 IOSXE-AUTO-MODE-PF IOS XE Autonomous boot up mode for Unified image --- 1 $0.00 $0.00 No
$0.00 $0.00

3.3 DNA-P-T2-A-3Y Cisco DNA Advantage On-Prem Lic 3Y -
upto 1G (Aggr, 2G) --- 1 $7,056.13 $7,056.13 Yes
$6,720.12 $6,720.12

3.5 DSTACK-T2-A Cisco DNA Advantage Stack - upto 1G
(Aggr, 2G) --- 1 $0.00 $0.00 No
$0.00 $0.00

3.6 NWSTACK-T2-A Cisco Network Advantage Stack - upto 1G (Aggr, 2G) --- 1 $0.00 $0.00 No
$0.00 $0.00

3.7 SDWAN-UMB-ADV Cisco Umbrella for DNA Advantage --- 1 $0.00 $0.00 No $0.00 $0.00

3.8 DNAC-ONPREM-PF Cisco DNA Center On Prem Deployment
Option for WAN --- 1 $0.00 $0.00 No
$0.00 $0.00

3.9 SVS-PDNA-ADV Embedded Support for SW - Tiered DNA
Advantage On-Prem 1 $0.00 $0.00 No
$0.00

4.0 N9K-C93180YC-FX Nexus 9300 with 48p 1/10/25G, 6p
40/100G, MACsec --- 2 $9,213.60 $18,427.21 Yes
$8,774.86 $17,549.72

4.0.1 CON-SNT-N93YCFX SNTC-8X5XNBD Nexus 9300 with 48p 12 2 $959.54 $1,919.09 No $913.85 $1,827.70

4.1 MODE-NXOS Dummy PID for mode selection 12 2 $0.00 $0.00 No $0.00 $0.00

4.2 NXK-AF-PI Dummy PID for Airflow Selection Port-side Intake 12 2 $0.00 $0.00 No
$0.00 $0.00

4.3 NXOS-10.1.2 Nexus 9500, 9300, 3000 Base NX-OS
Software Rel 10.1.2 12 2 $0.00 $0.00 No
$0.00 $0.00

4.4 C1-SUBS-OPTOUT OPT OUT FOR "Default" DCN
Subscription Selection 12 2 $0.00 $0.00 No
$0.00 $0.00

4.5 NXK-ACC-KIT-1RU Nexus 3K/9K Fixed Accessory Kit, 1RU front and rear removal 12 2 $0.00 $0.00 No
$0.00 $0.00

4.6 NXA-PAC-500W-PI Nexus NEBs AC 500W PSU - Port Side Intake 12 4 $0.00 $0.00 No
$0.00 $0.00

4.7 CAB-9K12A-NA Power Cord, 125VAC 13A NEMA 5-15
Plug, North America 12 4 $0.00 $0.00 No
$0.00 $0.00

4.8 NXA-FAN-30CFM-B Nexus Fan, 30CFM, port side intake
airflow 12 8 $0.00 $0.00 No
$0.00 $0.00

4.9 SFP-H25G-CU2M 25GBASE-CU SFP28 Cable 2 Meter 12 6 $56.46 $338.75 Yes $53.77 $322.62

4.10 QSFP-100G-CU2M 100GBASE-CR4 Passive Copper Cable,
2m 12 2 $146.79 $293.58 Yes
$139.80 $279.60
$77,463.12
Subtotal $81,336.28 $75,911.81 $81,336.28
[email protected]% $7,247.08
Total Price: 88,583.36
THANK YOU FOR YOUR BUSINESS!
1102 15TH ST SW,STE 102
AUBURN, WA-98001 6509

UNITED STATES
Zones Quote_City_of_Concord__WAVE_DC_Upgrade
Payment terms net 30 days
Shipping Terms: 10-15 business days ARO.

Requested Start Date : 03-Dec-2021| Requested For : 36.00 Months From 03-Dec-2021 to 02-Dec-2024| Automatically Renews For : No Auto Renewal| Billing Frequency : Prepaid Term
Requested Start Date : 03-Dec-2021| Requested For : 36.00 Months From 03-Dec-2021 to 02-Dec-2024| Automatically Renews For : No Auto Renewal| Billing Frequency : Prepaid Term
Requested Start Date : 03-Dec-2021| Requested For : 36.00 Months From 03-Dec-2021 to 02-Dec-2024| Automatically Renews For : No Auto Renewal| Billing Frequency : Prepaid Term
Requested Start Date : 03-Dec-2021| Requested For : 36.00 Months From 03-Dec-2021 to 02-Dec-2024| Automatically Renews For : No Auto Renewal| Billing Frequency : Prepaid Term
Requested Start Date : 03-Dec-2021| Requested For : 36.00 Months From 03-Dec-2021 to 02-Dec-2024| Automatically Renews For : No Auto Renewal| Billing Frequency : Prepaid Term
Requested Start Date : 03-Dec-2021| Requested For : 36.00 Months From 03-Dec-2021 to 02-Dec-2024| Automatically Renews For : No Auto Renewal| Billing Frequency : Prepaid Term
Requested Start Date : 03-Dec-2021| Requested For : 36.00 Months From 03-Dec-2021 to 02-Dec-2024| Automatically Renews For : No Auto Renewal| Billing Frequency : Prepaid Term
Please note:

Contract : State of California PA CA # 7-20-70-47-01 - NASPO Attachment 1

Date 12/10/2021
Expires 1/15/2022
From Aqil Khan To City of Concord
[email protected] Jamil Niazi [email protected] 253‐545‐7209 (925) 603‐5957
Line Number Part Number Description Service Duration
(Months) Qty Unit Net Price Extended Net
Price Tax Yes/No

1.0 C9500-16X-A Catalyst 9500 16-port 10Gig switch, Advantage --- 2 $7,991.09 $15,982.18 Yes

1.0.1 CON-SSSNT-C95K16XA
SOLN SUPP 8X5XNBD Catalyst 9500 16-por
12 2 $973.69 $1,947.37 No

1.4 PWR-C4-950WAC-R/2 950W AC Config 4 Power Supply front to back cooling 12 2 $948.47 $1,896.93 Yes

1.7.0.1 C9500-DNA-L-P-3Y C9500 DNA Premier 12Q/16X / 24Y4C 3Year Term License 36 2 $3,590.59 $7,181.18 Yes

1.7.0.2 CON-SSTCM-C9512QP SOLN SUPP SW SUBC9500 DNA Premier 12 2 $285.42 $570.84 No

1.13 SFP-H10GB-CU3M 10GBASE-CU SFP+ Cable 3 Meter 12 2 $49.21 $98.43 Yes

1.14 SFP-H10GB-CU1M 10GBASE-CU SFP+ Cable 1 Meter 12 2 $48.76 $97.52 Yes

2.0 C9500-24Y4C-A Catalyst 9500 24x1/10/25G and 4-port 40/100G, Advantage --- 2 $10,049.15 $20,098.30 Yes

2.0.1 CON-SSSNT-C95024YA SOLN SUPP 8X5XNBD Catalyst 9500 24-port 25/100G only, Adva 12 2 $1,271.51 $2,543.02 No

2.2 C9K-F1-SSD-240G Cisco pluggable SSD storage 12 2 $1,354.94 $2,709.88 Yes

2.5 C9K-PWR-650WAC-R/2 650W AC Config 4 Power Supply front to back cooling 12 2 $948.47 $1,896.93 Yes

2.8.0.1 C9500-DNA-L-A-3Y Cisco Catalyst 9500 DNA Advantage 3 Year License 36 2 $3,206.70 $6,413.40 Yes

2.8.0.2 CON-SSTCM-C9512QA SOLN SUPP SW SUBC9500 DNA Advantage 12 2 $254.59 $509.19 No

2.11 SFP-H25G-CU2M 25GBASE-CU SFP28 Cable 2 Meter 12 2 $56.46 $112.92 Yes

3.0 SFP-10G-ER-S= 10GBASE-ER SFP Module, Enterprise-Class --- 1 $3,211.22 $3,211.22 Yes

4.0 VG310 Modular 24 FXS Port VoIP Gateway with PVDM3-64 --- 1 $2,786.14 $2,786.14 Yes

4.0.1 CON-SSSNC-VG310ICV SOLN SUPP NCDCisco VG310 Modular 24 FXS Port Voice 12 1 $583.04 $583.04 No

4.2 MEM-CF-256U2GB 256MB to 2GB Compact Flash Upgrade for Cisco 1900,2900,3900 12 1 $451.65 $451.65 Yes

4.3 TRN-CLC-004 1 Training credit. Expires in 1 yr. Team Captain required 12 1 $0.00 $0.00 No
Subtotal $69,090.14
[email protected]% $6,736.29
Total Price: 75,826.42
THANK YOU FOR YOUR BUSINESS!
Quote# 1292021 ‐ Yard_Upgrade
1102 15TH ST SW,STE 102
AUBURN, WA-98001 6509

UNITED STATES
Zones Quote_City_Hall_and_Corp_Yard_Upgrade
Payment terms Net 30 days
Please note:

Shipping Terms: 4 weeks ARO.

Contract : State of California PA CA # 7-20-70-47-01 - NASPO

Date 12/21/2021
Expires 1/13/2022
From Aqil Khan To City of Concord
[email protected] [email protected]
253‐545‐7209 (925) 603‐5957
Line Number Part Number Description Service Duration
(Months) Qty Unit Net Price Extended Net
Price Tax Yes/No

1.0 C9300-48UXM-A Catalyst 9300 48-port(12 mGig, 36 2.5Gbps) Network Advantage -5 $6,359.10 $31,795.52 Yes

1.0.1 CON-SSSNT-C93A048M SOLN SUPP 8X5XNBD Catalyst 9300 48-port(12 mGig36 2.5Gbps 12 5 $818.62 $4,093.11 No

1.1 C9300-NW-A-48 C9300 Network Advantage, 48-port license -5 $0.00 $0.00 No

1.2 S
C9300UK
9-173 UNIVERSAL -5 $0.00 $0.00 No

1.3 P
WR-
C1-1100WAC-P 1100W AC 80+ platinum Config 1 Power Supply -5 $0.00 $0.00 No

1.4 P
WR-
C1-1100WAC-P/2 1100W AC 80+ platinum Config 1 Secondary Power Supply -5 $882.65 $4,413.26 No

1.5 CAB-TA-NA North America AC Type A Power Cable -1 0 $0.00 $0.00 No

1.6 C
9300-SS
D-NONE No SSD Card Selected -5 $0.00 $0.00 No

1.7 S
TACK
-T1-3M 3M Type 1 Stacking Cable -5 $139.36 $696.82 Yes

1. 8 CAB-SPW
R-30CM Catalyst Stack Power Cable 30 CM -5 $44.13 $220.64 No

1.9 TE-
C9K-SW TE agent for IOSXE on C9K -5 $0.00 $0.00 No

1.10 C
9300-DN
A-A-48 C9300 DNA Advantage, 48-Port Term Licenses -5 $0.00 $0.00 No

1.10.0. 1 CO
N-SSTCM-C93A48 SOLN SUPP SW SUBC9300 DNA Advantage 12 5 $144.59 $722.93 No

1.10.1 C9300-D
NA-A-48-3Y C9300 DNA Advantage, 48-Port, 3 Year Term License 36 5 $1,767.58 $8,837.88 Yes

1.11 C1-ADD-OPTOUT Cisco DNA Premier Add-On Session Opt Out (No Fulfillment) -5 $0.00 $0.00 No

1.12 P
I-L
FAS-T Prime Infrastructure Lifecycle & Assurance Term - Smart Lic -5 $0.00 $0.00 No

1.12.1 PI-
LFAS-AP-T-3Y PI Dev Lic for Lifecycle & Assurance Term 3Y 36 5 $0.00 $0.00 No

1.1 3 D-DNAS-
EXT-S-T Cisco DNA Spaces Extend Term License for Catalyst Switches -5 $0.00 $0.00 No

1.1 3.1
D-DNAS-EXT-S-3Y Cisco DNA Spaces Extend for Catalyst Switching - 3Year 36 5 $0.00 $0.00 No

1.1 4 TE
-EMBEDDED-T Cisco ThousandEyes Enterprise Agent IBN Embedded -5 $0.00 $0.00 No

1.1 4.1
TE-EMBEDDED-T-3Y Cisco ThousandEyes Enterprise Agent IBN Embedded 36 5 $0.00 $0.00 No

1.15 C
9300-NM
-8X ThousandEyes - Enterprise Agents -5 $1,184.61 $5,923.04 Yes

1.16 NETWORK-PNP-LIC Catalyst 9300 8 x 10GE Network Module -5 $0.00 $0.00 No Subtot
al $56,703.20
[email protected]% $4,607.19
Total Price: 61,310.39
THANK YOU FOR YOUR BUSINESS!
Please note:

Shipping Terms: 2-3 Weeks ARO.

Payment terms Net 30 Days
AUBURN, WA-98001 6509
Contract : State of California PA CA # 7-20-70-47-01 - NASPO Quote# ZN53401146 ‐ PD Access
1102 15TH ST SW,STE 102

UNITED STATES
Zones Quote_City_of_Concord__PD Access

Date 12/10/2021
Expires 1/16/2022
From Aqil Khan To City of Concord
[email protected]
253‐545‐7209
Line Number Part Number Description
Service
Duration
(Months)
Qty Unit Net Price Extended Net Price TAX
YES/NO

1.0 BE6H-M5-K9 Cisco Business Edition 6000H (M5)
Appliance, Export Restr SW --- 1 $10,122.50 $10,122.50 Yes

1.0.1 CON-SNT-BE6HM5K9 SNTC-8X5XNBD Cisco Business Edition 6000H (M5) Applia 12 1 $280.02 $280.02 No

1.1 BE6K-PSU Cisco UCS 770W AC Power Supply for
Rack Server --- 2 $0.00 $0.00 No

1.2 BE6H-NIC1 Intel i350 Quad Port 1Gb Adapter --- 1 $0.00 $0.00 No

1.3 BE6K-RAIDCTRLR Cisco 12G Modular RAID controller with 2GB cache --- 1 $0.00 $0.00 No

1.4 BE6K-DISK 300GB 12G SAS 10K RPM SFF HDD --- 8 $0.00 $0.00 No

1.5 R2XX-RAID5 Enable RAID 5 Setting --- 1 $0.00 $0.00 No

1.6 BE6K-RAM-M5-NEW 16GB DDR4-2933-MHz RDIMM/1Rx4/1.2v --- 4 $0.00 $0.00 No

1.7 BE6K-CPU 2.2 GHz 4114/85W 10C/13.75MB
Cache/DDR4 2400MHz --- 2 $0.00 $0.00 No

1.8 CAB-9K12A-NA Power Cord, 125VAC 13A NEMA 5-15
Plug, North America --- 2 $0.00 $0.00 No

1.9 BE6K-VIRTBAS-7X Cisco BE Embedded Virt. Basic 7x, BE6K only --- 1 $0.00 $0.00 No

1.9.0.1 CON-ECMU-BE6KVIRX SWSS UPGRADES Cisco BE Embedded Virt. Basic 7x, BE6K o 12 1 $64.54 $64.54 No

2.0 C8300-DNA Cisco Catalyst 8300 series Edge platform
DNA Bundle --- 1 $0.00 $0.00 No

2.1 C8300-2N2S-6T Cisco Catalyst C8300-2N2S-6T Router --- 2 $6,774.71 $13,549.41 Yes

2.1.0.1 CON-SSSNC-C8302S6T SOLN SUPP NCD Cisco Catalyst C8300- 2N2S-6T Router 12 2 $1,553.35 $3,106.70 No

2.1.1 MEM-C8300-8GB Cisco Catalyst 8300 Edge 8GB memory --- 2 $0.00 $0.00 No

2.1.2 M2USB-16G Cisco Catalyst 8000 Edge M.2 USB 16GB --- 2 $0.00 $0.00 No

2.1.3 C-RFID-2R Cisco Catalyst 8000 Edge RFID - 2RU --- 2 $0.00 $0.00 No

2.1.4 C8300-RM-19-2R Cisco Catalyst 8300 Rack mount kit - 19" 2R --- 2 $0.00 $0.00 No

2.1.5 C8300-NIM-BLANK Cisco Catalyst 8300 Edge NIM Blank --- 2 $0.00 $0.00 No

2.1.6 C8300-SM-BLANK Cisco Catalyst 8300 Edge SM Blank --- 4 $0.00 $0.00 No

2.1.7 C8300-PIM-BLANK Cisco Catalyst 8300 Edge PIM Blank --- 2 $0.00 $0.00 No

2.1.8 C8300-FAN-2R Cisco Catalyst 8300 Edge Fan Tray, 2RU --- 2 $0.00 $0.00 No

2.1.9 NETWORK-PNP-LIC Network Plug-n-Play Connect for zero- touch device deployment --- 2 $0.00 $0.00 No

2.1.10 C-POE-COVER Cover for empty POE slot on Cisco
Catalyst Edge 8300 --- 4 $0.00 $0.00 No

2.1.11 IOSXE-AUTO-MODE IOS XE Autonomous boot up mode for Unified image --- 2 $0.00 $0.00 No

2.1.12 SC8KBEUK9-175 UNIVERSAL --- 2 $0.00 $0.00 No

2.1.13 PWR-CC1-650WAC Cisco C8300 2RU AC Power supply --- 4 $0.00 $0.00 No

2.1.14 CAB-AC AC Power Cord (North America), C13,
NEMA 5-15P, 2.1m --- 4 $0.00 $0.00 No

2.1.15 NIM-2MFT-T1/E1 2 port Multiflex Trunk Voice/Clear-channel Data T1/E1 Module --- 2 $1,027.33 $2,054.66 Yes

2.1.16 PVDM4-256 256-channel DSP module --- 2 $4,922.96 $9,845.91 Yes

2.2 L-DNA-C8300 Cisco DNA Subscription for Catalyst 8300 Series --- 1 $0.00 $0.00 No

2.2.1 C83-2N2S-6T-PF C8300-2N2S-6T Platform Selection for DNA Subscription --- 2 $0.00 $0.00 No

2.2.2 IOSXE-AUTO-MODE-PF
IOS XE Autonomous boot up mode for
Unified image --- 2 0.00 0.00 No

2.2.3 DNA-P-T0-A-3Y
Cisco DNA Advantage On-Prem Lic 3Y -
upto 15M (Aggr, 30M) --- 2 2,116.80 4,233.60 Yes

2.2.4 SVS-PDNA-T0-A3Y
Solution Support for SW - DNA Advantage
OnPrem Lic, T0, 3Y --- 2 $339.82 $679.64 Yes

2.2.5 DSTACK-T0-A
Cisco DNA Advantage Stack - upto 15M
(Aggr, 30M) --- 2 0.00 0.00 No

2.2.6 NWSTACK-T0-A
Cisco Network Advantage Stack - upto
15M (Aggr, 30M) --- 2 0.00 0.00 No

2.2.7 SDWAN-UMB-ADV
Cisco Umbrella for DNA Advantage
--- 2 0.00 0.00 No

2.2.8 DNAC-ONPREM-PF
Cisco DNA Center On Prem Deployment
Option for WAN --- 2 0.00 0.00 No
Subtotal $43,936.98
[email protected]% $3,964.97
Net Total $47,901.95
Payment terms Net 30 days
Requested Start Date : 07-Dec-2021| Requested For : 36.00 Months From 07-Dec-2021 to 06-Dec-2024| Automatically Renews For : No Auto Renewal| Billing Frequency : Prepaid Term
Zones Quote_City_of_Concord__City_Support
Shipping Terms: 10-15 business days ARO.

Requested Start Date : 07-Dec-2021| Requested For : 36.00 Months From 07-Dec-2021 to 06-Dec-2024| Automatically Renews For : No Auto Renewal| Billing Frequency : Prepaid Term
Requested Start Date : 07-Dec-2021| Requested For : 36.00 Months From 07-Dec-2021 to 06-Dec-2024| Automatically Renews For : No Auto Renewal| Billing Frequency : Prepaid Term
Please note:

Requested Start Date : 07-Dec-2021| Requested For : 36.00 Months From 07-Dec-2021 to 06-Dec-2024| Automatically Renews For : No Auto Renewal| Billing Frequency : Prepaid Term
Requested Start Date : 07-Dec-2021| Requested For : 36.00 Months From 07-Dec-2021 to 06-Dec-2024| Automatically Renews For : No Auto Renewal| Billing Frequency : Prepaid Term
Requested Start Date : 07-Dec-2021| Requested For : 36.00 Months From 07-Dec-2021 to 06-Dec-2024| Automatically Renews For : No Auto Renewal| Billing Frequency : Prepaid Term
Requested Start Date : 07-Dec-2021| Requested For : 36.00 Months From 07-Dec-2021 to 06-Dec-2024| Automatically Renews For : No Auto Renewal| Billing Frequency : Prepaid Term
[email protected]
(925) 603‐5957
Contract : State of California PA CA # 7-20-70-47-01 - NASPO

Date 12/10/2021
Expires 1/16/2022
From Aqil Khan To
[email protected]
253‐545‐7209
Line Number Part Number Description Service Duration
(Months) Qty Unit Net Price Extended
Net Price
Tax
Yes/No

1.0 N9K-C93180YC-FX Nexus 9300 with 48p 1/10/25G, 6p
40/100G, MACsec --- 2 $9,213.60 $18,427.21 Yes $8,774.86 $17,549.72 $18,427.21

1.0.1 CON-SNT-N93YCFX
SNTC-8X5XNBD Nexus 9300 with 48p
12 2 $959.54 $1,919.09 No $913.85 $1,827.70 $1,919.09

1.1 MODE-NXOS
Dummy PID for mode selection
12 2 $0.00 $0.00 No $0.00 $0.00 $0.00

1.2 NXK-AF-PI
Dummy PID for Airflow Selection Port-side
Intake 12 2 $0.00 $0.00 No $0.00 $0.00 $0.00

1.3 NXOS-10.1.2
Nexus 9500, 9300, 3000 Base NX-OS
Software Rel 10.1.2 12 2 $0.00 $0.00 No
$0.00 $0.00 $0.00

1.4 C1-SUBS-OPTOUT
OPT OUT FOR "Default" DCN
Subscription Selection 12 2 $0.00 $0.00 No
$0.00 $0.00 $0.00

1.5 NXK-ACC-KIT-1RU
Nexus 3K/9K Fixed Accessory Kit, 1RU
front and rear removal 12 2 $0.00 $0.00 No
$0.00 $0.00 $0.00

1.6 NXA-PAC-500W-PI
Nexus NEBs AC 500W PSU - Port Side
Intake 12 4 $0.00 $0.00 No
$0.00 $0.00 $0.00

1.7 CAB-9K12A-NA
Power Cord, 125VAC 13A NEMA 5-15
Plug, North America 12 4 $0.00 $0.00 No
$0.00 $0.00 $0.00

1.8 NXA-FAN-30CFM-B
Nexus Fan, 30CFM, port side intake
airflow 12 8 $0.00 $0.00 No
$0.00 $0.00 $0.00

1.9 ACI-STRG
DCN Storage SW License
12 2 $7,113.45 $14,226.89 Yes $6,774.71 $13,549.42 $14,226.89

1.9.0.1 CON-ECMU-ACISTRG SWSS UPGRADES DCN Storage SW
License 12 2 $262.48 $524.96 No
$249.98 $499.96 $524.96

1.10 QSFP-100G-CU2M 100GBASE-CR4 Passive Copper Cable,
2m 12 2 $146.79 $293.58 Yes
$139.80 $279.60 $293.58

1.11 SFP-H25G-CU2M 25GBASE-CU SFP28 Cable 2 Meter 12 2 $56.46 $112.92 Yes $53.77 $107.54 $112.92

2.0 C8500L-8S4X Cisco Catalyst 8500 Series 4x SFP+ and
8x SFP, 4x10GE, 8x1G
E --- 1 $13,346.17 $13,346.17 Yes $12,710.64 $12,710.64 $13,346.17

2.0.1 CON-SSSNC-C8500L8X SOLN SUPP NCD Cisco Catalyst 8500 Series 12-
port SFP+, 12 1 $2,644.13 $2,644.13 No $2,518.22 $2,518.22 $2,644.13

2.1 MEM-C8500L-32GB Cisco C8500L 32GB DRAM 12 1 $1,806.59 $1,806.59 Yes $1,720.56 $1,720.56 $1,806.59

2.2 M2USB-16G Cisco Catalyst 8000 Edge M.2 USB 16GB 12 1 $0.00 $0.00 No $0.00 $0.00 $0.00

2.3 C8500L-RM-19-1R Cisco Catalyst 8500L Rack mount kit - 19" 1R 12 1 $0.00 $0.00 No
$0.00 $0.00 $0.00

2.4 C-RFID-1R Cisco Catalyst 8000 Edge RFID - 1RU 12 1 $0.00 $0.00 No $0.00 $0.00 $0.00

2.5 NETWORK-PNP-LIC Network Plug-n-Play Connect for zero- touch device de
ployment 12 1 $0.00 $0.00 No $0.00 $0.00 $0.00

2.6 C8000-HSEC U.S. Export Restriction Compliance
license for C8000 serie
s 12 1 $0.00 $0.00 No $0.00 $0.00 $0.00

2.7 SC8KAESUK9-175 UNIVERSAL 12 1 $0.00 $0.00 No $0.00 $0.00 $0.00

2.8 IOSXE-AUTO-MODE IOS XE Autonomous boot up mode for
Unified ima
ge 12 1 $0.00 $0.00 No $0.00 $0.00 $0.00

2.9 PWR-CH1-400WAC Cisco C8500L 400W AC Power Supply,
Reverse Ai
r 12 2 $0.00 $0.00 No $0.00 $0.00 $0.00

2.10 CAB-AC AC Power Cord (North America), C13,
NEMA 5-15P, 2.1
m 12 2 $0.00 $0.00 No $0.00 $0.00 $0.00

3.0 L-DNA-C8500 Cisco DNA Subscription for Catalyst 8500 Series --- 1 $0.00 $0.00 No
$0.00 $0.00 $0.00

3.1 C85L-8S4X-PF C8500L-8S4X Platform Selection for DNA Subscri
ption --- 1 $0.00 $0.00 No $0.00 $0.00 $0.00
$0.00

3.2 IOSXE-AUTO-MODE-PF IOS XE Autonomous boot up mode for Unified image --- 1 $0.00 $0.00 No $0.00 $0.00 $0.00
$0.00

3.3 DNA-P-T2-A-3Y Cisco DNA Advantage On-Prem Lic 3Y -
upto 1G (Aggr, 2G) --- 1 $7,056.13 $7,056.13 Yes $6,720.12 $6,720.12 $7,056.13 $0.00

3.5 DSTACK-T2-A Cisco DNA Advantage Stack - upto 1G
(Aggr, 2G) --- 1 $0.00 $0.00 No 0.00 0 $0.00
$0.00

3.6 NWSTACK-T2-A Cisco Network Advantage Stack - upto 1G (Aggr, 2G) --- 1 $0.00 $0.00 No 0.00 0 $0.00
$0.00

3.7 SDWAN-UMB-ADV Cisco Umbrella for DNA Advantage --- 1 $0.00 $0.00 No 0.00 0 $0.00 $0.00

3.8 DNAC-ONPREM-PF Cisco DNA Center On Prem Deployment
Option for WAN --- 1 $0.00 $0.00 No 0.00 0 $0.00
$0.00
SVS-PDNA-ADV Embedded Support for SW - Tiered DNA Advantage On-Prem 1 $0.00  $0.00  No 0.00 $0.00

4.0 N9K-C93180YC-FX Nexus 9300 with 48p 1/10/25G, 6p
40/100G, MACsec --- 2 $9,213.60 $18,427.21 Yes $8,774.86 $17,549.72 $18,427.21

4.0.1 CON-SNT-N93YCFX SNTC-8X5XNBD Nexus 9300 with 48p 12 2 $959.54 $1,919.09 No $913.85 $1,827.70 $1,919.09

4.1 MODE-NXOS Dummy PID for mode selection 12 2 $0.00 $0.00 No $0.00

4.2 NXK-AF-PI Dummy PID for Airflow Selection Port-side Intake 12 2 $0.00 $0.00 No $0.00

4.3 NXOS-10.1.2 Nexus 9500, 9300, 3000 Base NX-OS
Software Rel 10.1.
2 12 2 $0.00 $0.00 No $0.00

4.4 C1-SUBS-OPTOUT OPT OUT FOR "Default" DCN
Subscription Selection 12 2 $0.00 $0.00 No
$0.00

4.5 NXK-ACC-KIT-1RU Nexus 3K/9K Fixed Accessory Kit, 1RU front and rear removal 12 2 $0.00 $0.00 No
$0.00

4.6 NXA-PAC-500W-PI Nexus NEBs AC 500W PSU - Port Side Intake 12 4 $0.00 $0.00 No
$0.00

4.7 CAB-9K12A-NA Power Cord, 125VAC 13A NEMA 5-15
Plu
g, North America 12 4 $0.00 $0.00 No $0.00

4.8 NXA-FAN-30CFM-B Nexus Fan, 30CFM, port side intake
airflow 12 8 $0.00 $0.00 No
$0.00

4.9 SFP-H25G-CU2M 25GBASE-CU SFP28 Cable 2 Meter 12 6 $56.46 $338.75 Yes $53.77 $322.62 $338.75

4.10 QSFP-100G-CU2M
100GBASE-CR4 Passive Copper Cable,
2m 12 2 $146.79 $293.58 Yes
$139.80 $279.60 $293.58
$77,463.12 $81,336.28
$81,336.28
Product Total $81,336.28
[email protected]% 7,247.08$
Total Price: $88,583.36
THANK YOU FOR YOUR BUSINESS!
Please note:

Payment terms Net 30 days
Quote# 09082021 ‐ PD_DC_Upgrade
1102 15TH ST SW,STE 102
AUBURN, WA-98001 6509

UNITED STATES
Zones Quote_City_of_Concord__PD_DC_Upgrade
City of Concord
[email protected]
(925) 603‐5957
Requested Start Date : 27-Aug-2021| Requested For : 36.00 Months From 27-Aug-2021 to 26-Aug-2024| Automatically Renews For : 12.0 Months On 27-Aug 2024| Billing Frequency : Prepaid Term
Requested Start Date : 27-Aug-2021| Requested For : 36.00 Months From 27-Aug-2021 to 26-Aug-2024| Automatically Renews For : 12.0 Months On 27-Aug- 2024| Billing Frequency : Prepaid Term
Requested Start Date : 27-Aug-2021| Requested For : 36.00 Months From 27-Aug-2021 to 26-Aug-2024| Automatically Renews For : 12.0 Months On 27-Aug- 2024| Billing Frequency : Prepaid Term
Shipping Terms: 10-15 business days ARO.

Requested Start Date : 27-Aug-2021| Requested For : 36.00 Months From 27-Aug-2021 to 26-Aug-2024| Automatically Renews For : 12.0 Months On 27-Aug- 2024| Billing Frequency : Prepaid Term
Requested Start Date : 27-Aug-2021| Requested For : 36.00 Months From 27-Aug-2021 to 26-Aug-2024| Automatically Renews For : 12.0 Months On 27-Aug- 2024| Billing Frequency : Prepaid Term
Requested Start Date : 27-Aug-2021| Requested For : 36.00 Months From 27-Aug-2021 to 26-Aug-2024| Automatically Renews For : 12.0 Months On 27-Aug- 2024| Billing Frequency : Prepaid Term
Requested Start Date : 27-Aug-2021| Requested For : 12.00 Months From 27-Aug-2021 to 26-Aug-2022| Automatically Renews For : 12.0 Months On 27-Aug- 2022| Billing Frequency : Prepaid Term
Contract : State of California PA CA # 7-20-70-47-01 - NASPO

Date 12/10/2021
Expires 1/14/2022
From Aqil Khan To
[email protected]
253‐545‐7209
Line Number Part Number Description Qty Unit Net Price Extended Net Price
Tax
Yes/No

1.0 C9500-24Y4C-A Catalyst 9500 24x1/10/25G and 4-port 40/100G, Advantage 2 $10,049.15 $20,098.30 Yes $9,570.62 $19,141.24

1.0.1 CON-SSSNT-C95024YA
SOLN SUPP 8X5XNBD Catalyst 9500 24-
port 25/100G only, Adva 2 $1,271.51 $2,543.02 No
$1,210.96 $2,421.92

1.1 C9500-NW-A
C9500 Network Stack, Advantage
2 $0.00 $0.00 No $0.00 $0.00

1.2 C9K-F1-SSD-240G
Cisco pluggable SSD storage
2 $1,354.94 $2,709.88 Yes $1,290.42 $2,580.84

1.3 SC9500HUK9-1612
Cisco Catalyst 9500H XE.16.12
UNIVERSAL 2 $0.00 $0.00 No
$0.00 $0.00

1.4 C9K-PWR-650WAC-R
650W AC Config 4 Power Supply front to
back cooling 2 $0.00 $0.00 No
$0.00 $0.00

1.5 C9K-PWR-650WAC-R/2
650W AC Config 4 Power Supply front to
back cooling 2 $948.47 $1,896.93 Yes
$903.30 $1,806.60

1.6 CAB-9K12A-NA
Power Cord, 125VAC 13A NEMA 5-15
Plug, North America 4 $0.00 $0.00 No
$0.00 $0.00

1.7 C9K-T1-FANTRAY
Catalyst 9500 Type 4 front to back cooling
Fan 4 $0.00 $0.00 No
$0.00 $0.00

1.8 PI-LFAS-T
Prime Infrastructure Lifecycle & Assurance
Term - Smart Lic 6 $0.00 $0.00 No
$0.00 $0.00

1.8.0.1 PI-LFAS-AP-T-3Y
PI Dev Lic for Lifecycle & Assurance Term
3Y 6 $0.00 $0.00 No
$0.00 $0.00

1.9 NETWORK-PNP-LIC Network Plug-n-Play Connect for zero- touch device deployment 2 $0.00 $0.00 No
$0.00 $0.00

1.10 SFP-H25G-CU2M 25GBASE-CU SFP28 Cable 2 Meter 2 $56.46 $112.92 Yes $53.77 $107.54

1.11 C9500-DNA-24Y4C-A C9500 DNA Advantage, Term License 2 $0.00 $0.00 No $0.00 $0.00

1.11.0.1 CON-SSTCM-C9512QA SOLN SUPP SW SUBC9500 DNA
Advantage 2 $254.59 $509.19 No
$242.47 $484.94

1.11.0.2 C9500-DNA-L-A-3Y Cisco Catalyst 9500 DNA Advantage 3 Year License 2 $3,206.70 $6,413.40 Yes
$3,054.00 $6,108.00

2.0 SFP-10G-ER-S= 10GBASE-ER SFP Module, Enterprise-
Class 1 $3,568.02 $3,568.02 Yes
$3,398.11 $3,398.11

3.0 VG310 Modular 24 FXS Port VoIP Gateway with
PVDM3-64 2 $2,646.84 $5,293.68 Yes
$2,520.80 $5,041.60

3.0.1 CON-SSSNC-VG310ICV SOLN SUPP NCDCisco VG310 Modular 24 FXS Port Voice 2 $583.04 $1,166.09 No
$555.28 $1,110.56

3.1 SVG3XUK9-15903M Cisco VG3X0 UNIVERSAL 2 $0.00 $0.00 No $0.00 $0.00

3.2 MEM-CF-256U2GB 256MB to 2GB Compact Flash Upgrade
for Cisco 1900,2900,3900 2 $429.06 $858.12 Yes
$408.63 $817.26

3.3 CAB-AC AC Power Cord (North America), C13,
NEMA 5-15P, 2.1m 2 $0.00 $0.00 No
$0.00 $0.00

3.4 PVDM3-64 64-channel high-density voice DSP
module 2 $0.00 $0.00 No
$0.00 $0.00

3.5 HWIC-BLANK Blank faceplate for HWIC slot on Cisco
ISR 2 $0.00 $0.00 No
$0.00 $0.00

3.6 SL-VG3X0-IPB-K9 Cisco VG3X0 IP Base License 2 $0.00 $0.00 No $0.00 $0.00

3.7 SL-VG3X0-UC-K9 Cisco VG3X0 Unified Communications
License 2 $0.00 $0.00 No
$0.00 $0.00
$43,018.61
$45,169.54
Product Total $45,169.54 $40,951.25
[email protected]% $ 3,992.75
Total Price: $49,162.29
THANK YOU FOR YOUR BUSINESS!Payment Terms Net 30 Days
Quote# 12092021 ‐ PD_Office_Upgrade
1102 15TH ST SW,STE 102
AUBURN, WA-98001 6509

UNITED STATES
Zones Quote_City_of_Concord__PD_Office_Upgrade
City of Concord
[email protected]
(925) 603‐5957
Please note:

Shipping Terms: 10-15 business days ARO.

Contract : State of California PA CA # 7-20-70-47-01 - NASPO

Date 12/10/2021
Expires 1/16/2022
From Aqil Khan To City of Concord
[email protected] [email protected]
253‐545‐7209 (925) 603‐5957
Line Number Part Number Description Service Duration
(Months) Qty Unit Net Price Extended Net
Price Tax Yes/No

1.0 BE6H-M5-K9 Cisco Business Edition 6000H (M5)
Appliance, Export Restr SW --- 1 $10,388.89 $10,388.89 Yes $9,894.18 $9,894.18

1.0.1 CON-SNT-BE6HM5K9
SNTC-8X5XNBD Cisco Business Edition
6000H (M5) Applia 12 1 $280.02 $280.02 No $266.69
$266.69

1.1 BE6K-PSU Cisco UCS 770W AC Power Supply for
Rack Server --- 2 $0.00 $0.00 No $0.00
$0.00

1.2 BE6H-NIC1 Intel i350 Quad Port 1Gb Adapter --- 1 $0.00 $0.00 No $0.00 $0.00

1.3 BE6K-RAIDCTRLR Cisco 12G Modular RAID controller with 2GB cache --- 1 $0.00 $0.00 No $0.00
$0.00

1.4 BE6K-DISK 300GB 12G SAS 10K RPM SFF HDD --- 8 $0.00 $0.00 No $0.00 $0.00

1.5 R2XX-RAID5 Enable RAID 5 Setting --- 1 $0.00 $0.00 No $0.00 $0.00

1.6 BE6K-RAM-M5-NEW 16GB DDR4-2933-MHz
RDIMM/1Rx4/1.2v --- 4 $0.00 $0.00 No $0.00
$0.00

1.7 BE6K-CPU 2.2 GHz 4114/85W 10C/13.75MB
Cache/DDR4 2400MHz --- 2 $0.00 $0.00 No $0.00
$0.00

1.8 CAB-9K12A-NA Power Cord, 125VAC 13A NEMA 5-15
Plug, North America --- 2 $0.00 $0.00 No $0.00
$0.00

1.9 BE6K-VIRTBAS-7X Cisco BE Embedded Virt. Basic 7x, BE6K only --- 1 $0.00 $0.00 No $0.00 $0.00

1.9.0.1 CON-ECMU-BE6KVIRX SWSS UPGRADES Cisco BE Embedded Virt. Basic 7x, BE6K o 12 1 $64.54 $64.54 No $61.47
$61.47

2.0 C8300-DNA Cisco Catalyst 8300 series Edge platform
DNA Bundle --- 1 $0.00 $0.00 No $0.00
$0.00

2.1 C8300-2N2S-6T Cisco Catalyst C8300-2N2S-6T Router --- 2 $6,774.71 $13,549.41 Yes $6,452.10 $12,904.20

2.1.0.1 CON-SSSNC-C8302S6T SOLN SUPP NCD Cisco Catalyst C8300- 2N2S-6T Router 12 2 $1,553.35 $3,106.70 No $1,479.38
$2,958.76

2.1.1 MEM-C8300-8GB Cisco Catalyst 8300 Edge 8GB memory --- 2 $0.00 $0.00 No $0.00 $0.00

2.1.2 M2USB-16G Cisco Catalyst 8000 Edge M.2 USB 16GB --- 2 $0.00 $0.00 No $0.00 $0.00

2.1.3 C-RFID-2R Cisco Catalyst 8000 Edge RFID - 2RU --- 2 $0.00 $0.00 No $0.00 $0.00

2.1.4 C8300-RM-19-2R Cisco Catalyst 8300 Rack mount kit - 19" 2R --- 2 $0.00 $0.00 No $0.00
$0.00

2.1.5 C8300-NIM-BLANK Cisco Catalyst 8300 Edge NIM Blank --- 2 $0.00 $0.00 No $0.00 $0.00

2.1.6 C8300-SM-BLANK Cisco Catalyst 8300 Edge SM Blank --- 4 $0.00 $0.00 No $0.00 $0.00

2.1.7 C8300-PIM-BLANK Cisco Catalyst 8300 Edge PIM Blank --- 2 $0.00 $0.00 No $0.00 $0.00

2.1.8 C8300-FAN-2R Cisco Catalyst 8300 Edge Fan Tray, 2RU --- 2 $0.00 $0.00 No $0.00 $0.00

2.1.9 NETWORK-PNP-LIC Network Plug-n-Play Connect for zero- touch device deployment --- 2 $0.00 $0.00 No $0.00
$0.00

2.1.10 C-POE-COVER Cover for empty POE slot on Cisco
Catalyst Edge 8300 --- 4 $0.00 $0.00 No $0.00
$0.00

2.1.11 IOSXE-AUTO-MODE IOS XE Autonomous boot up mode for Unified image --- 2 $0.00 $0.00 No $0.00
$0.00

2.1.12 SC8KBEUK9-175 UNIVERSAL --- 2 $0.00 $0.00 No $0.00 $0.00

2.1.13 PWR-CC1-650WAC Cisco C8300 2RU AC Power supply --- 4 $0.00 $0.00 No $0.00 $0.00

2.1.14 CAB-AC AC Power Cord (North America), C13,
NEMA 5-15P, 2.1m --- 4 $0.00 $0.00 No $0.00
$0.00

2.1.15 NIM-2MFT-T1/E1 2 port Multiflex Trunk Voice/Clear-channel Data T1/E1 Module --- 2 $1,027.33 $2,054.66 Yes $978.41 $1,956.82

2.1.16 PVDM4-256 256-channel DSP module --- 2 $4,922.96 $9,845.91 Yes $4,688.53 $9,377.06

2.2 L-DNA-C8300 Cisco DNA Subscription for Catalyst 8300 Series --- 1 $0.00 $0.00 No $0.00
$0.00

2.2.1 C83-2N2S-6T-PF C8300-2N2S-6T Platform Selection for DNA Subscription --- 2 $0.00 $0.00 No $0.00
$0.00

2.2.2 IOSXE-AUTO-MODE-PF IOS XE Autonomous boot up mode for Unified image --- 2 $0.00 $0.00
$0.00

2.2.3 DNA-P-T0-A-3Y Cisco DNA Advantage On-Prem Lic 3Y - upto 15M (Aggr, 30M) --- 2 $2,116.80 $4,233.60 Yes
$2,016.00 $4,032.00

2.2.4 SVS-PDNA-T0-A3Y Solution Support for SW - DNA Advantage OnPrem Lic, T0, 3Y --- 2 $339.82 $679.64 Yes
$323.64 $647.28

2.2.5 DSTACK-T0-A Cisco DNA Advantage Stack - upto 15M
(Aggr, 30M) --- 2 $0.00 $0.00
$0.00

2.2.6 NWSTACK-T0-A Cisco Network Advantage Stack - upto 15M (Aggr, 30M) --- 2 $0.00 $0.00
$0.00

2.2.7 SDWAN-UMB-ADV Cisco Umbrella for DNA Advantage --- 2 $0.00 $0.00 $0.00

2.2.8 DNAC-ONPREM-PF Cisco DNA Center On Prem Deployment Option for WAN --- 2 $0.00 $0.00
$0.00
$42,098.46
$44,203.38
Subtotal $44,203.38
[email protected]% $3,973.33
Total Price: 48,176.71
THANK YOU FOR YOUR BUSINESS!
Please note:

Payment terms Net 30 Days
Quote# 12092021 ‐ PD_Support
1102 15TH ST SW,STE 102
AUBURN, WA-98001 6509

UNITED STATES
Zones Quote_City_of_Concord__PD_Support
Shipping Terms: 10-15 business days ARO.

Requested Start Date : 07-Dec-2021| Requested For : 36.00 Months From 07-Dec-2021 to 06-Dec-2024| Automatically Renews For : No Auto Renewal| Billing Frequency : Prepaid Term
Requested Start Date : 07-Dec-2021| Requested For : 36.00 Months From 07-Dec-2021 to 06-Dec-2024| Automatically Renews For : No Auto Renewal| Billing Frequency : Prepaid Term
Requested Start Date : 03-Sep-2021| Requested For : 36.00 Months From 03-Sep-2021 to 02-Sep-2024| Automatically Renews For : No Auto Renewal| Billing Frequency : Prepaid Term
Requested Start Date : 03-Sep-2021| Requested For : 36.00 Months From 03-Sep-2021 to 02-Sep-2024| Automatically Renews For : No Auto Renewal| Billing Frequency : Prepaid Term
Requested Start Date : 03-Sep-2021| Requested For : 36.00 Months From 03-Sep-2021 to 02-Sep-2024| Automatically Renews For : No Auto Renewal| Billing Fre
quency : Prepaid Term
Requested Start Date : 03-Sep-2021| Requested For : 36.00 Months From 03-Sep-2021 to 02-Sep-2024| Automatically Renews For : No Auto Renewal| Billing Frequency : Prepaid Term
Requested Start Date : 03-Sep-2021| Requested For : 36.00 Months From 03-Sep-2021 to 02-Sep-2024| Automatically Renews For : No Auto Renewal| Billing Fre
quency : Prepaid Term
Requested Start Date : 03-Sep-2021| Requested For : 36.00 Months From 03-Sep-2021 to 02-Sep-2024| Automatically Renews For : No Auto Renewal| Billing Frequency : Prepaid Term
Contract : State of California PA CA # 7-20-70-47-01 - NASPO

Date 12/10/2021
Expires 1/15/2022
From Aqil Khan To City of Concord
[email protected] [email protected]
253‐545‐7209 (925) 603‐5957
Line Number Part Number Description Service Duration
(Months) Qty Unit Net Price Extended Net
Price

1.0 UMB-SEC-SUB Cisco Umbrella Security Subscription --- 1 $0.00 $0.00

1.1 UMB-DNS-ADV-K9 Cisco Umbrella DNS Security Advantage --- 450 $26.01 $35,113.50 24.77 $26.01 $11,703.83 $35,111.48

1.2 SVS-UMB-SUP-E Enhanced Support for Umbrella --- 1 $97.52 $3,510.72 92.88 $97.52 $97.52 $3,510.86 Subtotal $38,624.22
Total Price: $38,624.22
THANK YOU FOR YOUR BUSINESS!
Quote# 12092021 ‐ 450user_Adv_3yr
1102 15TH ST SW,STE 102
AUBURN, WA-98001 6509

UNITED STATES
Zones Quote_450user_Adv_3yr
Payment Terms Net 30 days
Requested Start Date : 07-Dec-2021| Requested For : 36.00 Months From 07-Dec-2021 to 06-Dec-2024| Automatically Renews For : No Auto Renewal| Billing Frequency : Prepaid Term
Please note:

Shipping Terms: 10-15 business days ARO.

Contract : State of California PA CA # 7-20-70-47-01 - NASPO

Date 12/10/2021
Expires 1/16/2022
From Aqil Khan To City of Concord
[email protected] [email protected]
253‐545‐7209 (925) 603‐5957
Line Number Part Number Description Service Duration
(Months) Qty Unit Net Price Extended Net
Price Tax Yes/No

1.0 C9800-L-F-K9 Cisco Catalyst 9800-L Wireless Controller_Fiber Uplink --- 4 $4,347.11 $17,388.42 Yes $4,140.10 $16,560.40 $17,388.42 $0.00 C9800‐L‐F‐K9

1.0.1 CON-SSSNT-C9800LFL SOLN SUPP 8X5XNBD Cisco Catalyst 9800-L Wireless Controlle 12 4 $1,219.87 $4,879.48 No 1,161.78 $4,647.12 $4,879.48 $0.00 CON‐SSSNT‐C9800LFL

1.1 SC9800LK9-173 Cisco Catalyst 9800-L Wireless Controller 12 4 $0.00 $0.00 No $0.00 $0.00 $0.00 $0.00 SC9800LK9‐173

1.2 C9800-AC-110W Cisco Catalyst 9800 L Wireless Controller Power Su
pply 12 4 $0.00 $0.00 No $0.00 $0.00 $0.00 $0.00 C9800‐AC‐110W

1.3 NETWORK-PNP-LIC Network Plug-n-Play Connect for zero-touch device de
ployment 12 4 $0.00 $0.00 No $0.00 $0.00 $0.00 $0.00 NETWORK‐PNP‐LIC

1.4 CAB-AC-C5 AC Power Cord, Type C5, US, Canada 12 4 $0.00 $0.00 No $0.00 $0.00 $0.00 $0.00 CAB‐AC‐C5

2.0 AIR-DNA CISCO DNA for Wireless - CHOOSE ONLY QTY 1
HERE --- 15 $0.00 $0.00 No
$0.00 $0.00 $0.00 $0.00 AIR‐DNA

2.0.1 AIR-DNA-TRK-3Y CISCO DNA Wireless Term Tracker 3Y 36 15 $0.00 $0.00 No $0.00 $0.00 $0.00 $0.00 AIR‐DNA‐TRK‐3Y

2.1 AIR-DNA-A Wireless Cisco DNA On-Prem Advantage, Term Lic 12 15 $0.00 $0.00 Yes
$0.00 $0.00 $0.00 $0.00 AIR‐DNA‐A

2.1.0.1 AIR-DNA-A-3Y Wireless Cisco DNA On-Prem Advantage, 3Y Term Lic 36 15 $250.67 $3,760.00 Yes
$238.73 $3,580.95 $3,760.00 $0.00 AIR‐DNA‐A‐3Y

2.2 PI-LFAS-AP-T Prime AP Term Licenses 12 15 $0.00 $0.00 No $0.00 $0.00 $0.00 $0.00 PI‐LFAS‐AP‐T

2.2.0.1 PI-LFAS-AP-T-3Y PI Dev Lic for Lifecycle & Assurance Term 3Y 36 15 $0.00 $0.00 No $0.00 $0.00 $0.00 $0.00 PI‐LFAS‐AP‐T‐3Y

2.3 AIR-DNA-A-T Wireless Cisco DNA On-Prem Advantage, Term, Tracker Li
c 12 15 $0.00 $0.00 No $0.00 $0.00 $0.00 $0.00 AIR‐DNA‐A‐T

2.3.0.1 AIR-DNA-A-T-3Y Wireless Cisco DNA On-Prem Advantage, 3Y Term, Tracker Li
c 36 15 $0.00 $0.00 No $0.00 $0.00 $0.00 $0.00 AIR‐DNA‐A‐T‐3Y

2.4 AIR-DNA-NWSTACK-A AIR CISCO DNA Perpetual Network Stack 12 15 $0.00 $0.00 No $0.00 $0.00 $0.00 $0.00 AIR‐DNA‐NWSTACK‐A

2.5 D-DNAS-EXT-BUN-T Cisco DNA Spaces Extend Term License for Cisco DNA 12 15 $0.00 $0.00 No
$0.00 $0.00 $0.00 $0.00 D‐DNAS‐EXT‐BUN‐T

2.6 D-DNAS-EXT-BUN-3Y Cisco DNA Spaces Extend for Cisco DNA - 3Year 36 15 $0.00 $0.00 No $0.00 $0.00 $0.00 $0.00 D‐DNAS‐EXT‐BUN‐3Y

3.0 C9124AXI-B Wi-Fi 6 Outdoor AP, Internal Ant, -B Regulatory Domain --- 1 $1,036.53 $1,036.53 Yes
$987.17 $987.17 $1,036.53 $0.00 C9124AXI‐B

3.0.1 CON-SSSNT-C9124AXI SOLN SUPP 8X5XNBD Wi-Fi 6 Outdoor AP, Internal Ant, -B Re
g 12 1 $84.62 $84.62 No $80.59 $80.59 $84.62 $0.00 CON‐SSSNT‐C9124AXI

3.1 NETWORK-PNP-LIC Network Plug-n-Play Connect for zero-touch device de
ployment 12 1 $0.00 $0.00 No $0.00 $0.00 $0.00 $0.00 NETWORK‐PNP‐LIC

3.2 D-DNAS-EXT-T Cisco DNA Spaces Extend Option for Cisco DNA 12 1 $0.00 $0.00 No $0.00 $0.00 $0.00 $0.00

3.2.0.1 D-DNAS-EXT-3Y Cisco DNA Spaces Extend Option for Cisco DNA 3 Y 36 1 $0.00 $0.00 No $0.00 $0.00 $0.00

3.3 PI-LFAS-AP-T Prime AP Term Licenses 12 1 $0.00 $0.00 No $0.00 $0.00 $0.00 PI‐LFAS‐AP‐T

3.3.0.1 PI-LFAS-AP-T-3Y PI Dev Lic for Lifecycle & Assurance Term 3Y 36 1 $0.00 $0.00 No $0.00 $0.00 $0.00 PI‐LFAS‐AP‐T‐3Y

3.4 AIR-DNA-A-T Wireless Cisco DNA On-Prem Advantage, Term, Tracker Li
c 12 1 $0.00 $0.00 No $0.00 $0.00 $0.00 AIR‐DNA‐A‐T

3.4.0.1 AIR-DNA-A-T-3Y Wireless Cisco DNA On-Prem Advantage, 3Y Term, Tracker Li
c 36 1 $0.00 $0.00 No $0.00 $0.00 $0.00 AIR‐DNA‐A‐T‐3Y

3.5 AIR-DNA-NWSTACK-A AIR CISCO DNA Perpetual Network Stack 12 1 $0.00 $0.00 No $0.00 $0.00 $0.00 AIR‐DNA‐NWSTACK‐A

3.6 CDNA-A-C9124 Wireless Cisco DNA On-Prem Advantage, 9124 Trackin
g 12 1 $0.00 $0.00 No $0.00 $0.00 $0.00 CDNA‐A‐C9124

3.6.0.1 DNA-A-3Y-C9124 C9124AX Cisco DNA On-Prem Advantage 3Y Term,Trk Li
c 36 1 $0.00 $0.00 No $0.00 $0.00 $0.00 DNA‐A‐3Y‐C9124

3.7 AIR-AP-NO-BRACKET AP Bracket not shipped 12 1 $0.00 $0.00 No $0.00 $0.00 $0.00 AIR‐AP‐NO‐BRACKET

3.8 SW9124AX-CAPWAP-K9 Capwap software for Catalyst 9124AX 12 1 $0.00 $0.00 No $0.00 $0.00 $0.00 SW9124AX‐CAPWAP‐K9

3.9 AIR-DNA-A Wireless Cisco DNA On-Prem Advantage, Term Lic 12 1 $0.00 $0.00 No
$0.00 $0.00 $0.00 AIR‐DNA‐A

3.9.0.1 CON-SSTCM-AIRDNAA SOLN SUPP SW SUBAironet CISCO DNA Ad 12 1 $21.51 $21.51 No $20.49 $20.49 $21.51 $0.00 CON‐SSTCM‐AIRDNAA D‐DNAS‐EXT‐BUN‐T

3.9.0.2 AIR-DNA-A-3Y Wireless Cisco DNA On-Prem Advantage, 3Y Term Lic 36 1 $250.67 $250.67 Yes
$238.73 $238.73 $250.67 $0.00 AIR‐DNA‐A‐3Y D‐DNAS‐EXT ‐BUN‐3Y

4.0 C9124AXI-B Wi-Fi 6 Outdoor AP, Internal Ant, -B Regulatory Domain --- 3 $1,036.53 $3,109.59 Yes
$987.17 $2,961.51 $3,109.59 $0.00 C9124AXI‐B

4.0.1 CON-SSSNT-C9124AXI SOLN SUPP 8X5XNBD Wi-Fi 6 Outdoor AP, Internal Ant, -B Re
g 12 3 $84.62 $253.86 No $80.59 $241.77 $253.86 $0.00 CON‐SSSNT‐C9124AXI

4.1 NETWORK-PNP-LIC Network Plug-n-Play Connect for zero-touch device de
ployment 12 3 $0.00 $0.00 No $0.00 $0.00 $0.00 NETWORK‐PNP‐LIC

4.2 D-DNAS-EXT-T Cisco DNA Spaces Extend Option for Cisco DNA 12 3 $0.00 $0.00 No $0.00 $0.00 $0.00 PI‐LFAS‐AP‐T

4.2.0.1 D-DNAS-EXT-3Y Cisco DNA Spaces Extend Option for Cisco DNA 3 Y 36 3 $0.00 $0.00 No $0.00 $0.00 $0.00 PI‐LFAS‐AP‐T‐3Y

4.3 PI-LFAS-AP-T Prime AP Term Licenses 12 3 $0.00 $0.00 No $0.00 $0.00 $0.00 AIR‐DNA‐A‐T

4.3.0.1 PI-LFAS-AP-T-3Y PI Dev Lic for Lifecycle & Assurance Term 3Y 36 3 $0.00 $0.00 No $0.00 $0.00 $0.00 AIR‐DNA‐A‐T‐3Y

4.4 AIR-DNA-A-T Wireless Cisco DNA On-Prem Advantage, Term, Tracker Li
c 12 3 $0.00 $0.00 No $0.00 $0.00 $0.00 AIR‐DNA‐NWSTACK‐A

4.4.0.1 AIR-DNA-A-T-3Y Wireless Cisco DNA On-Prem Advantage, 3Y Term, Tracker Li
c 36 3 $0.00 $0.00 No $0.00 $0.00 $0.00 CDNA‐A‐C9124

4.5 AIR-DNA-NWSTACK-A AIR CISCO DNA Perpetual Network Stack 12 3 $0.00 $0.00 No $0.00 $0.00 $0.00 DNA‐A‐3Y‐C9124

4.6 CDNA-A-C9124 Wireless Cisco DNA On-Prem Advantage, 9124 Trackin
g 12 3 $0.00 $0.00 No $0.00 $0.00 $0.00 AIR‐AP‐NO‐BRACKET

4.6.0.1 DNA-A-3Y-C9124 C9124AX Cisco DNA On-Prem Advantage 3Y Term,Trk Li
c 36 3 $0.00 $0.00 No $0.00 $0.00 $0.00 SW9124AX‐CAPWAP‐K9

4.7 AIR-AP-NO-BRACKET AP Bracket not shipped 12 3 $0.00 $0.00 No $0.00 $0.00 $0.00 AIR‐DNA‐A

4.8 SW9124AX-CAPWAP-K9 Capwap software for Catalyst 9124AX 12 3 $0.00 $0.00 No $0.00 $0.00 $0.00 CON‐SSTCM‐AIRDNAA

4.9 AIR-DNA-A Wireless Cisco DNA On-Prem Advantage, Term Lic 36 3 $0.00 $0.00 Yes
$0.00 $0.00 $0.00 AIR‐DNA‐A‐3Y

4.9.0.1 AIR-DNA-A-3Y Wireless Cisco DNA On-Prem Advantage, 3Y Term Lic 36 3 $250.67 $752.00 Yes
$238.73 $716.19 $752.00 $0.00 D‐DNAS‐EXT‐BUN‐T

4.9.0.2 CON-SSTCM-AIRDNAA SOLN SUPP SW SUBAironet CISCO DNA Ad 12 3 $21.51 $64.54 No $20.49 $61.47 $64.54 $0.00 D‐DNAS‐EXT‐BUN‐3Y

5.0 C9120AXI-B C9120AX Internal 802.11ax 4x4:4
MIMO;IOT;BT5;mGi
g;USB;RHL --- 1 $743.86 $743.86 Yes $708.44 $708.44 $743.86 $0.00 C9120AXI‐B

5.0.1 CON-SNT-C9120BIX SNTC-8X5XNBD Cisco Catalyst 9120AX Series 12 1 $50.20 $50.20 No $47.81 $47.81 $50.20 $0.00 CON‐SNT‐C9120BIX

5.1 SW9120AX-CAPWAP-K9 Capwap software for Catalyst 9120AX 12 1 $0.00 $0.00 No $0.00 $0.00 $0.00 $0.00 SW9120AX‐CAPWAP‐K9

5.2 AIR-AP-BRACKET-1 802.11 AP Low Profile Mounting Bracket (Default) 12 1 $0.00 $0.00 No $0.00 $0.00 $0.00 $0.00 AIR‐AP‐BRACKET‐1

5.3 AIR-AP-T-RAIL-R Ceiling Grid Clip for APs & Cellular Gateways- Recessed 12 1 $0.00 $0.00 No
$0.00 $0.00 $0.00 $0.00 AIR‐AP‐T‐RAIL‐R

5.4 CDNA-A-C9120 Wireless Cisco DNA On-Prem Advantage, 9120 Trackin
g 12 1 $0.00 $0.00 No $0.00 $0.00 $0.00 $0.00 CDNA‐A‐C9120

5.4.0.1 DNA-A-3Y-C9120 C9120AX Cisco DNA On-Prem Advantage 3Y Term,Trk Li
c 36 1 $0.00 $0.00 No $0.00 $0.00 $0.00 $0.00 DNA‐A‐3Y‐C9120

5.5 AIR-DNA-A Wireless Cisco DNA On-Prem Advantage, Term Lic 36 1 $0.00 $0.00 Yes
$0.00 $0.00 $0.00 $0.00 AIR‐DNA‐A

5.5.0.1 AIR-DNA-A-3Y Wireless Cisco DNA On-Prem Advantage, 3Y Term Lic 36 1 $250.67 $250.67 Yes
$238.73 $238.73 $250.67 $0.00 AIR‐DNA‐A‐3Y

5.6 PI-LFAS-AP-T Prime AP Term Licenses 12 1 $0.00 $0.00 No $0.00 $0.00 $0.00 $0.00 PI‐LFAS‐AP‐T

5.6.0.1 PI-LFAS-AP-T-3Y PI Dev Lic for Lifecycle & Assurance Term 3Y 36 1 $0.00 $0.00 No $0.00 $0.00 $0.00 $0.00 PI‐LFAS‐AP‐T‐3Y

5.7 AIR-DNA-A-T Wireless Cisco DNA On-Prem Advantage, Term, Tracker Li
c 12 1 $0.00 $0.00 No $0.00 $0.00 $0.00 $0.00 AIR‐DNA‐A‐T

5.7.0.1 AIR-DNA-A-T-3Y Wireless Cisco DNA On-Prem Advantage, 3Y Term, Tracker Li
c 36 1 $0.00 $0.00 No $0.00 $0.00 $0.00 $0.00 AIR‐DNA‐A‐T‐3Y

5.8 AIR-DNA-NWSTACK-A AIR CISCO DNA Perpetual Network Stack 12 1 $0.00 $0.00 No $0.00 $0.00 $0.00 $0.00 AIR‐DNA‐NWSTACK‐A

5.9 D-DNAS-EXT-BUN-T Cisco DNA Spaces Extend Term License for Cisco DNA 12 1 $0.00 $0.00 No
$0.00 $0.00 $0.00 $0.00 NETWORK‐PNP‐LIC

5.10 NETWORK-PNP-LIC Network Plug-n-Play Connect for zero-touch device de
ployment 12 1 $0.00 $0.00 No $0.00 $0.00 $0.00 $0.00 C9120AXI‐MULTI

5.11 C9120AXI-MULTI Minimum Quantity = 10 12 1 $0.00 $0.00 No $0.00 $0.00 $0.00 $0.00 D‐DNAS‐EXT‐BUN‐T

6.0 C9120AXI-B C9120AX Internal 802.11ax 4x4:4
MIMO;IOT;BT5;mGi
g;USB;RHL --- 25 $743.86 $18,596.55 Yes $708.44 $17,711.00 $18,596.55 $0.00 D‐DNAS‐EXT‐BUN‐3Y

6.0.1 CON-SNT-C9120BIX SNTC-8X5XNBD Cisco Catalyst 9120AX Series 12 25 $50.20 $1,255.01 No $47.81 $1,195.25 $1,255.01 $0.00 C9120AXI‐B

6.1 SW9120AX-CAPWAP-K9 Capwap software for Catalyst 9120AX 12 25 $0.00 $0.00 No $0.00 $0.00 $0.00 CON‐SNT‐C9120BIX

6.2 AIR-AP-BRACKET-1 802.11 AP Low Profile Mounting Bracket (Default) 12 25 $0.00 $0.00 No $0.00 $0.00 $0.00 SW9120AX‐CAPWAP‐K9

6.3 AIR-AP-T-RAIL-R Ceiling Grid Clip for APs & Cellular Gateways- Recessed 12 25 $0.00 $0.00 No
$0.00 $0.00 $0.00 AIR‐AP‐BRACKET‐1

6.4 CDNA-A-C9120 Wireless Cisco DNA On-Prem Advantage, 9120 Trackin
g 12 25 $0.00 $0.00 No $0.00 $0.00 $0.00 AIR‐AP‐T‐RAIL‐R

6.4.0.1 DNA-A-3Y-C9120 C9120AX Cisco DNA On-Prem Advantage 3Y Term,Trk Li
c 36 25 $0.00 $0.00 No $0.00 $0.00 $0.00 CDNA‐A‐C9120

6.5 AIR-DNA-A Wireless Cisco DNA On-Prem Advantage, Term Lic 12 25 $0.00 $0.00 No
$0.00 $0.00 $0.00 DNA‐A‐3Y‐C9120

6.5.0.1 AIR-DNA-A-3Y Wireless Cisco DNA On-Prem Advantage, 3Y Term Lic 36 25 $250.67 $6,266.66 Yes
$238.73 $5,968.25 $6,266.66 $0.00 AIR‐DNA‐A‐3Y AIR‐DNA ‐A

6.6 PI-LFAS-AP-T Prime AP Term Licenses 12 25 $0.00 $0.00 No $0.00 $0.00 $0.00 PI‐LFAS‐AP‐T

6.6.0.1 PI-LFAS-AP-T-3Y PI Dev Lic for Lifecycle & Assurance Term 3Y 36 25 $0.00 $0.00 No $0.00 $0.00 $0.00 PI‐LFAS‐AP‐T‐3Y

6.7 AIR-DNA-A-T Wireless Cisco DNA On-Prem Advantage, Term, Tracker Li
c 12 25 $0.00 $0.00 No $0.00 $0.00 $0.00 AIR‐DNA‐A‐T

6.7.0.1 AIR-DNA-A-T-3Y Wireless Cisco DNA On-Prem Advantage, 3Y Term, Tracker Li
c 36 25 $0.00 $0.00 No $0.00 $0.00 $0.00 AIR‐DNA‐A‐T‐3Y

6.8 AIR-DNA-NWSTACK-A AIR CISCO DNA Perpetual Network Stack 12 25 $0.00 $0.00 No $0.00 $0.00 $0.00 AIR‐DNA‐NWSTACK‐A

6.9 D-DNAS-EXT-BUN-T Cisco DNA Spaces Extend Term License for Cisco DNA 12 25 $0.00 $0.00 No
$0.00 $0.00 $0.00 NETWORK‐PNP‐LIC

6.10 NETWORK-PNP-LIC Network Plug-n-Play Connect for zero-touch device de
ployment 12 25 $0.00 $0.00 No $0.00 $0.00 $0.00 C9120AXI‐MULTI

6.11 C9120AXI-MULTI Minimum Quantity = 10 12 25 $0.00 $0.00 No $0.00 $0.00 $0.00 $0.00 D ‐DNAS‐EXT‐BUN‐T

7.0 SFP-10G-SR= 10GBASE-SR SFP Module --- 4 $419.41 $1,677.65 Yes $399.44 $1,597.76 $1,677.65 $0.00 SFP‐10G‐SR= $0.00 D‐DNAS‐EXT ‐BUN‐3Y $57,563.63
$60,441.81
Subtotal $60,441.81
[email protected]% $5,248.68
Total Price: 65,690.49
THANK YOU FOR YOUR BUSINESS!
Quote# 09082021 ‐ Wireless_Environment_Upgrade
1102 15TH ST SW,STE 102
AUBURN, WA-98001 6509
UNITED STATES Zones Quote_City_of_Concord__Wireless_Environment_Upgrade Paymnet Terms Net 30 Days
Please note:

Shipping Terms: 10-15 business days ARO.

Contract : State of California PA CA # 7-20-70-47-01 - NASPO

Date 12/10/2021
Expires 1/2/2022
From Aqil Khan To City of Concord
[email protected] [email protected]
253‐545‐7209 (925) 603‐5957
Line Number Part Number Description Service Duration
(Months) Qty Unit Net Price Extended Net
Price
1 A-FLEX-3 Collaboration Flex Plan 3.0 --- 1 0.00 0.00 0.00

1.1 SVS-FLEX-SUPT-BAS Basic Support for Flex Plan --- 1 $0.00 $0.00 0.00

1.2 A-FLEX-EAPL EntW On-Premises Calling --- 430 $4.00 $20,640.00 3.85 $19,866.00 $20,859.30 $5.26

1.3 A-FLEX-SME-S Session Manager (1) --- 1 $0.00 $0.00 0.00

1.4 A-FLEX-SRST-E SRST Endpoints (1) --- 860 $0.00 $0.00 0.00

1.5 A-FLEX-P-EA On-Premises Smart License - EA (1) --- 516 $0.00 $0.00 0.00

1.6 A-FLEX-P-ACC Access Smart License (1) --- 86 $0.00 $0.00 0.00

1.7 A-FLEX-P-CA Common Area Smart License (1) --- 215 $0.00 $0.00 0.00

1.8 A-FLEX-P-UCXN Unity Connection Smart License (1) --- 516 $0.00 $0.00 0.00

1.9 A-FLEX-P-ER Emergency Responder Smart License (1) --- 1290 $0.00 $0.00 0.00

1.10 A-FLEX-EXP-PAK Expressway Product Authorization Key (1) --- 1 $0.00 $0.00 0.00

1.11 A-FLEX-SW-11.5-K9 On-Premises & Partner Hosted Calling SW Bundle v11.5 (1) --- 1 $0.00 $0.00 0.00

1.12 A-FLEX-C-DEV-ENT Cloud Device Registration Entitlement --- 516 $0.00 $0.00 0.00

1.13 A-FLEX-MSG-ENT Messaging Entitlement --- 516 $0.00 $0.00 0.00

1.14 A-FLEX-FILESTG-ENT File Storage Entitlement --- 10320 $0.00 $0.00 0.00

1.15 A-FLEX-PROPACK-ENT Pro Pack for Cisco Control Hub
Entitlemen
t --- 516 $0.00 $0.00 0.00

1.15 A-FLEX-EXP-RMS Expressway Rich Media Session (1) --- 86 $0.00 $0.00 0.00

1.17 A-FLEX-ENH-CUBE CUBE Enhanced Trunk Session License --- 60 $1.97 $1,421.28 1.88 $1,353.60 $21,219.60
$22,280.58
Total Price: 22,061.28
THANK YOU FOR YOUR BUSINESS! 29274.84
Payment terms Net 30 days
Requested Start Date : 01-Dec-2021| Requested For : 12.00 Months From 01-Dec-2021 to 30-Nov-2022| Automatically Renews For : 12.0 Months On 01-Dec- 2022| Billing Frequency : Prepaid Term
Please note:

Shipping Terms: 10-15 business days ARO.

Quote# 09082021 ‐ 1 Year FLEX
1102 15TH ST SW,STE 102
AUBURN, WA-98001 6509

UNITED STATES
Zones Quote_City_of_Concord_1_year_FLEX
Contract : State of California PA CA # 7-20-70-47-01 - NASPO

Staff Report
Date: January 25, 2022
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kevin Marstall, Interim Community Development Director Mindy Gentry, Planning Manager
Frank Abejo, Principal Planner
Prepared by: Lorna Villa, Associate Planner
[email protected]
(925) 671-3176
Subject: Considering adoption of a Resolution approving the street names “Julia Lane” and “Chapman Way” for the Clayton Road Townhomes Subdivision (No. 9506), located at 3512 Clayton Road and 105 Roslyn Drive.

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

Report in Brief
On December 7, 2021, the City Council considered “Garrett Lane” and “Chapman Way” as the proposed street names for the Clayton Townhomes Subdivision along with “Trevor Lane” as an alternative. The City Council indicated support for “Chapman Way” and continued the matter in order for the applicant to propose alternatives to “Garrett Lane” and “Trevor Lane.” The applicant is now requesting, and all approving agencies have supported, the street names “Julia Lane” and “Chapman Way.” Recommended Action
Adopt a Resolution (Attachment 1) approving the street names “Julia Lane” and “Chapman Way” for the Clayton Townhomes Subdivision (No. 9506), located at 3512 Clayton Road and 105 Roslyn Drive.

Background

4.d4.d4.d

City Council Agenda Report
Agenda Item No. 4.d
January 25, 2022
On February 19, 2020, the Planning Commission unanimously approved the Vesting Tentative Map, Planned Development Use Permit, Design and Site Review, and Tree Removal Permit subject to conditions of approval. On March 2, 2020, an appeal of the Planning Commission’s decision to approve the project was filed. On April 7, 2020, the City Council upheld the Planning Commission’s approval.

On June 5, 2021, Trumark Homes submitted a request for street names for the new streets as required by the conditions of approval.

On October 13, 2021, the Planning Division routed the street name request to the City’s street naming committee approving agencies, which includes internal City departments and external agency members. The committee All approving agencies accepted “Chapman Way” and “Garrett Lane” as the proposed street names and “Trevor Lane” as an alternative.

On December 7, 2021, the City Council reviewed the proposed street names, expressed support for “Chapman Way” and requested an alternative name to replace “Garrett Lane” due to similarities with St. Garrett Court in Concord. The City Council also did not accept “Trevor Lane” as an alternative.

On December 8, 2021, the Planning Division routed the alternative street name to all public agencies that participate in street naming review in Concord. The applicant has proposed to keep “Chapman Way” as the name for Street B and proposes “Julia Lane” (applicant’s preference) for Street A, along with the following options as alternatives:
 Sandy Lane
 Claire Lane
 Spencer Lane
Analysis
As required by Section 17.20.030(17) of the Concord Municipal Code, the proposed street name options were circulated to various departments and agencies including the Concord Police Department, the Contra Costa County Fire Protection District (“Fire District”), and the US Postal Service for review in order to avoid name conflicts or duplications. The City Council is required to consider and approve street names for all major subdivisions.

Staff received comments from the Fire District rejecting the option of “Sandy Lane” since this street name currently exists in the neighboring city of Walnut Creek. Staff also does not support “Claire Lane” since there is a Claire Court in Concord. No other substantive comments were received regarding the proposed street names from the agencies that were informed of the proposed request. Staff’s recommendation and the applicant’s preference is to name the subdivision’s streets “Julia Lane” (Street A) and “Chapman Way” (Street B).

City Council Agenda Report
Agenda Item No. 4.d
January 25, 2022
Financial Impact
This project has no fiscal impact on the City.

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

Even if the street naming 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…” Therefore, the proposed street naming does not warrant further environmental review.

Public Contact
The City Council Agenda was posted.

Attachment

1. City Council Resolution approving the street names “Julia Lane” and “Chapman Way” with Exhibit A – Street Name Site Plan

Res. No. 22-XX 1

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Approving the Street Names “Julia
Lane” and “Chapman Way” for the Clayton Road
Townhomes Subdivision (No. 9506) located at 3512
Clayton Road and 105 Roslyn Drive
Resolution No. 22-XX
/
WHEREAS, on February 19, 2020, the Planning Commission approved a Vesting Tentative Map, Planned Development Use Permit, Design and Site Review, and Tree Removal Permit for a 70- unit townhouse project, located at 3512 Clayton Road and 105 Roslyn Drive (referred to herein as the “Project’); and
WHEREAS, on March 2, 2020, an appeal of the Planning Commission’s decision to approve the Project was filed; and
WHEREAS, on April 7, 2020, after consideration of all pertinent plans, document, reports, and oral and written testimony received at the public hearing, the City Council denied the appeal and upheld the approval of the Project; and
WHEREAS, on July 11, 2017, the City Council adopted Ordinance No. 17-9 amending the Subdivision Ordinance, requiring the City Council’s review and approval of street naming for all subdivisions, prior to final map approval; and
WHEREAS, on June 5, 2021, the applicant, Trumark, submitted a request for new street names for the Project and on October 13, 2021, the item was routed to all public agencies that participate in street naming review in Concord the City’s street naming committee, which includes internal City departments and external local and regional agencies; and WHEREAS, on December 7, 2021, the City Council reviewed the proposed street names, expressed support for “Chapman Way,” requested an alternative name to replace “Garrett Lane” due to similarities with St. Garrett Court in Concord, and did not accept “Trevor Lane” as an alternative; and
WHEREAS, on December 8, 2021, the Planning Division routed the alternative street names request to all public agencies that participate in street naming review in Concord, the City’s street Attachment 1

Res. No. 22-XX 2
naming committee, which includes City internal departments and external agencies; and WHEREAS, the provisions of Section 17.202.30(17) of the Concord Municipal Code regarding street names have been satisfied; and
WHEREAS, no substantive comments regarding the alternative preferred street name of “Julia Lane” for Street A were received from the City’s street naming reviewing agencies; committee; and
WHEREAS, the proposed street names of “Julia Lane” and “Chapman Way” are being brought to the City Council for review and approval, in conformance with the Subdivision Ordinance; and
WHEREAS, on January 25, 2022, the City Council, at a duly-notice regular meeting, considered and reviewed the request and plans for the subject proposal; and WHEREAS, on January 25, 2022, after consideration of all pertinent plans, documents, reports, and oral and written testimony received at the public meeting, the City Council approved the street names for Clayton Townhome Subdivision (No. 9506) as “Julia Lane” and “Chapman Way”.

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

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

Section 2. Pursuant to the provisions of the California Environmental Quality Act of 1970, Public Resources Code §21000, et seq., and implementing State CEQA Guidelines, title 14, Chapter 3 of the California Code of Regulations all as amended from time to time (collectively “CEQA”), the naming of a street for an approved subdivision does not constitute a “project” within the meaning of Public Resources Code Section 21065 and CEQA Guidelines Section 15060(c)(2), 15060(c)(3) or 15378 because there is no potential that the activity will result in a reasonably foreseeable indirect or direct physical change in the environment, and therefore, not further environmental review is required.

Moreover, even if the naming of a street did comprise a project for CEQA analysis, it falls within the “common sense” CEQA exemption set forth in CEQA Guidelines Section 15061(b)(3), excluding

Res. No. 22-XX 3
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.” None of the exceptions identified in CEQA Guidelines Section 15300.2 are present. No unusual circumstances are present. This determination reflects the City’s independent judgment and analysis.

Section 3. The City Council has reviewed, considered, and evaluated all of the information prior to acting upon this Resolution.

Section 4. The documents and other materials that constitute the record of proceedings upon which the City Council has based its decision are located in and may be obtained from the City of Concord Clerk’s Office, 1950 Parkside Drive, Concord, CA 94519.

Section 5. Approves the street names as “Julia Lane” (Street A) and “Chapman Way” (Street B) for the Clayton Townhomes Subdivision as shown in Exhibit A.

PASSED AND ADOPTED by the City Council of the City of Concord on January 25, 2022, by the following vote:

AYES: Councilmembers -
NOES: Councilmembers -
ABSTAIN: Councilmembers -
ABSENT: Councilmembers -
I HEREBY CERTIFY that the foregoing Resolution No. 22-XX was duly and regularly adopted at a regular meeting of the City Council of the City of Concord on January 25, 2022.

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney
Exhibit A – Street Name Site Plan

4 27 26
25 28
29 30 31
32 21
22 20
11 12
19 13 5
6 43
14 9
10 7
24 817
18 15
16 535245
5446 51
555042
49 5641
47 48

PARCEL D
33 34

PARCEL H
35 36
37 38 39
40 PARCEL Q

PARCEL O
44 23

PARCEL P
1 2

PARCEL T

PARCEL G
3 PARCEL A

PARCEL K

PARCEL B

PARCEL L

PARCEL C

PARCEL M

PARCEL J

PARCEL N

PARCEL F

PARCEL S

PARCEL E

PARCEL R

PARCEL I
M
C C
C C
C
C
C
C
C
C

CLAYTON ROAD TOWNHOMES

PROPOSED STREET NAMES
PROPOSED STREET NAMES:

STREET A

1.JULIA LANE

2.SANDY LANE

3.CLAIRE LANE

4.SPENCER LANE

STREET B

1.CHAPMAN WAY

EXHIBIT A

Staff Report
Date: January 25, 2022
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kevin Marstall, PE, Interim Director of Community Development Bruce Davis, PE, Interim City Engineer
Bernard Enrile, PE, CIP Manager
Prepared by: Kevin Wheat, PE, Associate Civil Engineer
[email protected]
(925) 671-3422
Subject: Considering approval of a Professional Services Agreement (PSA) with BKF of Walnut Creek, California, in the not-to- exceed amount of $649,000.00 (base agreement of $590,000.00 plus Staff authority to spend up to a 10% contingency of $59,000.00) to provide design and related services for Treat Boulevard Pavement Rehabilitation Project (Project No. 2559); and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney (Measure V Funds).

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

Report in Brief
The Treat Boulevard Pavement Rehabilitation Project (Project No. 2559) will involve pavement rehabilitation on Treat Boulevard, from Walnut Creek City limits to the Clayton Road intersection. Repaving the Clayton Road intersection will occur at a future date through the Clayton Road Pavement Rehabilitation Project.

Design engineering services for this project include development of plans, specifications, construction cost estimates, public outreach, and pavement investigation.

Along with pavement rehabilitation, design includes curb ramp upgrades at intersections to meet accessibility standards, sidewalk or curb and gutter repairs, restriping, and landscaping improvements in the median between San Miguel Road and Cowell Road.

4.e4.e4.e4.e

City Council Agenda Report
Agenda Item No. 4.e
January 25, 2022
Design efforts for the Treat Boulevard Pavement Rehabilitation Project are expected to start in February 2022 and be completed by November 2022. Following design, staff will advertise for construction bids; advertising a paving project in fall/winter period will lead to more competitive bid prices. The project’s design is funded by Measure V Funds. The current budget for this project does not include construction. Staff anticipates Council budgeting for construction for this project as part of the new 2-year CIP plan.

Construction of this project is anticipated to begin in Late Spring/Summer 2023.

Recommended Action
Approve a Professional Services Agreement (PSA) with BKF of Walnut Creek, California, in the not-to-exceed amount of $649,000.00 (base agreement of $590,000.00 plus Staff authority to spend up to a 10% contingency of $59,000.00) to provide design and related services for Treat Boulevard Pavement Rehabilitation Project (Project No. 2559); and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney.

Background
On June 2, 2020, City Council approved the proposed Five-Year Pavement Expenditure plan and 2-year CIP Budget for FY 2020/2021 and FY 2021/2022.

On June 1, 2021, City Council approved a Five-Year Pavement Expenditure Plan Update, reflecting the significant increase in funding made available by the voters passage of Measure V and the Council’s decision to use lease revenue debt financing to accelerate roadway investments. This project is a component of that plan. The full plan can be viewed online at the following link:
https://cityofconcord.org/DocumentCenter/View/5612/5-Year-Expenditure-Pavement- Plan.

On June 8, 2021, the City Council adopted the mid-cycle adjustments to the CIP Budget for Fiscal Years 2020-21 and 2021-22, which an included appropriation of $1,600,000 to fund the design of the Treat Boulevard Pavement Rehabilitation Project (City Project No. 2559).

Analysis/Procurement Process
Staff issued a Request for Proposals (RFP) on October 21, 2021 for consultants to provide design and related services for Treat Boulevard Pavement Rehabilitation Project (Project No. 2559). The RFP was advertised in the local newspaper and on the City’s Procurement Website (Public Purchase). Four proposals were received, reviewed, and ranked by the selection committee comprised of City Staff from Engineering Services.

Based on the analysis of the proposals, interviews, and references, BKF was selected as the most qualified firm to provide design and related services for Project No. 2559.

City Staff and BKF negotiated the scope of work, cost for the services, and agreed upon

City Council Agenda Report
Agenda Item No. 4.e
January 25, 2022
$590,000 (base agreement) as a fair and reasonable compensation for the services needed to complete up to 60% design of the project. Once all public outreach is complete and the 60% design submittal is received, the Staff will bring back to council a contract amendment with BKF, to proceed with finalizing the project’s design and provide construction support.

BKF has extensive experience in the design of paving projects in the Bay Area, and designed Concord’s Farm Bureau Road Complete Streets Project (City Project No. 2354). BKF is also currently working on design of Concord’s Grant Street Pavement Rehabilitation Project (City Project No. 2525).

Financial Impact
There are enough funds in the budget for the full design of Treat Boulevard Pavement Rehabilitation (Project No. 2559) from Walnut Creek City limits to Clayton Road, including construction support. The project budget consist of Measure V Funds (Fund 407).

Construction, currently planned for Late Spring/Summer 2023, is not yet funded. It is anticipated that construction funding will be provided as part of the next two-year CIP plan.

Environmental Determination
This design activity does not constitute a “project” within the meaning of CEQA Guidelines Section 15060(c)(2) or CEA Guidelines Section 15378 because there is no potential that it will result in a direct or reasonable foreseeable indirect physical change in the environment. Even if the activity does comprise a project for CEQA analysis, it falls within the “common sense” CEQA exemption set forth in CEQA Guidelines Section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. This determination reflect 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. Professional Services Agreement with BKF with Exhibit A, Scope of Services

PROJECT LOCATION MAP

TREAT BOULEVARD PAVEMENT REHABILITATION PROJECT
PROJECT NO. 2559

PROJECT

LOCATION

FROM CITY LIMITS

TO CLAYTON ROAD
Attachment 1

AGREEMENT FOR PROFESSIONAL SERVICES
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THIS AGREEMENT (“Agreement”) is entered into on January 25, 2022 between the City of Concord (“CITY”) and BKF Engineers, 1646 N. California Boulevard, Suite 400, Walnut Creek, CA 94596 (“CONSULTANT”).

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

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

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

1. TERM. This Agreement shall commence on January 25, 2022 and expire on June 30, 2023.

2. SCOPE OF SERVICES. Subject to such policy direction and approvals provided by the CITY's Authorized Representative, CONSULTANT shall provide design engineering services for Treat Boulevard Pavement Rehabilitation Project, Project No. 2559 described in detail in Exhibit A, a proposal from BKF Engineers dated December 22, 2021, attached hereto and made a part hereof.

CITY retains all rights of approval and discretion with respect to the projects and undertakings contemplated by this Agreement.

3. PAYMENT. The compensation to be paid to CONSULTANT including payment for professional services and reimbursable expenses, shall be at the rate and schedules in detail in Exhibit A. However, in no event shall the amount CITY pays CONSULTANT exceed six hundred forty-nine thousand dollars ($649,000.00) for the term of this Agreement. The total includes the sum of the base contract of five hundred ninety thousand dollars ($590,000.00) and a 10% contingency of fifty-nine thousand dollars ($59,000.00). Any Amendment to this Agreement that includes an increase to this compensation amount shall be made in accordance with Section 5 below.

CONSULTANT may submit monthly statements for services rendered; all statements shall include adequate documentation demonstrating work performed during the billing period. It is intended that CITY review such statement and pay CONSULTANT for services rendered within 30 days of receipt of a statement that meets all requirements of this Agreement. Payment by CITY shall not be Attachment 2

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deemed a waiver of unsatisfactory work, even if such defects were known to the CITY at the time of payment.

4. AUTHORIZED REPRESENTATIVES. Authorized representatives shall represent CITY and CONSULTANT in all matters pertaining to the services to be ordered by CITY or rendered by CONSULTANT under this Agreement except where approval for the CITY is specifically required by the City Council. The CITY’s authorized representative is Bruce Davis, Interim City Engineer of the Community Development Department. The CONSULTANT’s authorized representative is Dan Schaefer, Principal-in-Charge.

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

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

3.10.040(a). The Minimum Threshold for Fiscal Year 2021-22 is $75,000 and increases by $5,000 each subsequent fiscal year such that by Fiscal Year 2026-27 the Minimum Threshold is $100,000. Any additional compensation to CONSULTANT that is greater than the Minimum Threshold, including the base contract amount, must be approved by City Council. CONSULTANT’s failure to secure CITY’s written authorization for additional compensation or changes to the Scope of Work shall constitute a waiver of any and all right to adjustment in the price or time due, whether by way of compensation, restitution, quantum merit, or similar relief.

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6. INDEPENDENT CONTRACTOR. Both parties understand and acknowledge that CONSULTANT, its agents, employers and subcontractors are and shall at all times remain as to the CITY wholly independent contractors. Neither the CITY nor any of its officers or employees shall have any control over the manner by which the CONSULTANT performs this Agreement and shall only dictate the results of the performance. CONSULTANT shall not represent that CONSULTANT or its agents, employees or subcontractors are agents or employees of the CITY, and CONSULTANT shall have no authority, express or implied, to act on behalf of the CITY in any capacity whatsoever as an agent, and shall have no authority, express or implied, to bind the CITY to any obligation whatsoever, unless otherwise provided in this Agreement.

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

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

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prevailing at the time work is performed.

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

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

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

CONSULTANT’s records, documents, calculations, and all other instruments of service pertaining to actual project shall be given to CITY at the completion of the project. The CITY reserves the right to specify the file format that electronic document deliverables are presented to the CITY.

Title to all plans, specifications, maps, estimates, reports, manuscripts, drawings, descriptions and other final work products compiled by the CONSULTANT under the Agreement shall be vested in the CITY, none of which shall be used in any manner whatsoever, by any person, firm, corporation, or agency without the expressed written consent of the CITY. Basic survey notes and sketches, charts, computations, and other data prepared or obtained under the Agreement shall be made available, upon request, to the CITY without restriction or limitations on their use. CONSULTANT may retain copies of the above-described information but agrees not to disclose or discuss any information gathered,

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discussed or generated in any way through this Agreement without the written permission of CITY during the term of this Agreement, unless required by law.

10. INDEMNIFICATION.

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

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

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

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

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

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and property damage.

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

D. Compliance with State Workers' Compensation Requirements.

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

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

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

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insurance, risk pooling arrangement, or self-insurance maintained by CITY, its officers, officials, employees, or volunteers shall be in excess of CONSULTANT'S insurance and shall not contribute with it.
(3) Reporting Provisions. Any failure to comply with the reporting provisions of the policy shall not affect the coverage provided to the CITY, its officers, officials, employees, or volunteers.
(4) Verification of Coverage. CONSULTANT shall furnish CITY with certificates of insurance and the original endorsements effecting coverage required by this Agreement.

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

12. TIME OF PERFORMANCE. The time of performance of the services under this Agreement is of the essence, and all time deadlines identified in this Agreement or Scope of Services shall be strictly construed.

13. SUSPENSION OF WORK. CITY may, at any time, by ten (10) days’ written notice, suspend further performance by CONSULTANT. All suspensions shall extend the time schedule for performance in a mutually satisfactory manner, and CONSULTANT shall be paid for services performed and reimbursable expenses incurred prior to the suspension date. During the period of suspension, CONSULTANT shall not receive any payment for services, or expenses, except for reasonable administration expenses, incurred by CONSULTANT by reason of such suspension.

14. TERMINATION. CITY may terminate this Agreement for any reason upon ten (10) days written notice to the other party. CITY may terminate the Agreement upon five (5) days written notice if CONSULTANT breaches this Agreement. In the event of any termination, CONSULTANT shall promptly deliver to the CITY any and all finished and unfinished reports or other written, recorded,

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photographic, or visual materials, documents, data, and other deliverables (“Work Materials”) prepared for the CITY prior to the effective date of such termination, all of which shall become CITY’s sole property. After receipt of the Work Materials, CITY will pay CONSULTANT for the services performed as of the effective date of the termination.

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

A. Equal Employment Opportunity. In connection with the execution of this Agreement, CONSULTANT shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, or national origin. Such actions shall include, but not be limited to, the following: employment, promotion, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection for training including apprenticeship.

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

C. Solicitations for Subcontractors including Procurement of Materials and Equipment. In all solicitation, either by competitive bidding or negotiations, made by CONSULTANT for work to be performed under a subcontract including procurement of materials or leases of equipment, each potential subcontractor, supplier or lessor shall be notified by CONSULTANT of CONSULTANT’S obligation under this Agreement and the regulations relative to nondiscrimination on the grounds of race, religion, color, sex, or national origin..

16. CONFLICT OF INTEREST.

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

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

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

17. COMPLIANCE WITH LAWS. CONSULTANT shall comply with all applicable Federal, State of California, and local laws, rules, and regulations and shall obtain all applicable licenses, including a business license with the City of Concord, and permits for the conduct of its business and the performance of the services. CONSULTANT shall ensure that all of its officers, employees, agents, and subcontractors who: (i) enter CITY premises in connection with the services to be performed by CONSULTANT hereunder, and/or (ii) have in-person contact with CITY officers, officials, employees, subcontractors, agents, and volunteers, and/or members of the public, in connection with the services to be performed by CONSULTANT hereunder, comply with all applicable Federal, State of California, Contra Costa County, and local laws, rules, and regulations, whichever is the most restrictive, regarding COVID-19 or similar public health matters, including regarding vaccinations, testing, reporting, social distancing, social gathering, mask wearing, and associated requirements.

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

19. NON-WAIVER. The waiver by either party of any breach of any term, covenant, or

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

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

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

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

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

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

To CITY: Bruce Davis, Interim City Engineer
Community Development Department
City of Concord
1950 Parkside Drive
Concord, CA 94519-2578
Phone: (925) 671-3470
Fax: (925) 798-8692
To CONSULTANT: Dan Schaefer, Principal-in-Charge
BKF Engineers
1646 N. California Blvd, Suite 400
Walnut Creek, CA 94596
Phone: 925-940-2214

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

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

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

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IN WITNESS WHEREOF, the parties have executed this Agreement in one (1) or more copies as of the date and year first written above.

CONSULTANT CITY OF CONCORD, a Municipal
Corporation
By:_________________________________ By:______________________________ Name: Dan Schaefer Name: Valerie Barone
Title: Principal-in-Charge Title City Manager Address: 1646 N. California Blvd., Suite 400 Address: 1950 Parkside Drive Walnut Creek, CA 94596 Concord, CA 94519 Telephone: (925)940-2214 Telephone: (925)671-3150
Email: [email protected]
APPROVED AS TO FORM: ATTEST:

City Attorney City Clerk
Date: _____________________________, 2022
FINANCE DIRECTOR'S CERTIFICATION:

Concord, California
Date: _____________________________, 2022

I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEAR 2021/22 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.

THE SUM OF $649,000.00.

Account Code: 4079500C999-74500 / 4072559111-74500
Finance Director's Signature

Treat Boulevard Scope of Work
December 22, 2021

1646 N. California Blvd., Suite 400 | Walnut Creek, CA | 94596 | 925.940.2200 Treat Boulevard Scope of Work
We have prepared the following work plan that emphasizes key components of our approach to analyze the existing conditions and develop the design. Our team recognizes that it may be necessary to alter the scope as the project progresses and would be happy to work with you and other stakeholders as necessary to adapt our services ensuring the successful completion of the project. Our proposed estimated level of effort is attached.

1. PROJECT MANAGEMENT

1.1. Project Management: BKF will manage the design team as well as track progress, schedule, and budget. BKF will be responsible for documenting all design decisions and keeping an official record of the project. BKF will submit monthly progress reports identifying tasks completed, budget status, and issues status.

1.2. Coordination and Meetings: BKF will attend meetings with City staff to coordinate the design (we have allocated time for 10 meetings). We assume that there will be a weekly or bi-weekly conference call to provide update and feedback on the project task items.

1.3. Public Outreach and Exhibits: We have allocated time for up to three (3) community meetings either virtual or in person. Additionally, we have allocated time to have a separate stakeholder meeting with the City, schools, transit agencies, and public utilities. a. Project Visioning (Pre-35% Design) – 2 Meetings Total:
• Develop outreach plan to, identify stakeholders, develop an outreach calendar, venue locations, plan and coordinate in person outreach events. • Develop up to 2 pieces of Outreach collateral (e.g. door hangers, flyers or mailers) • Provide updated project graphics (rendered plans and sections) and social media content for posting to City website and social media channels. • Facilitate (2) two in person open house / community outreach meeting – assuming 2 people from Gates and 1 from BKF
b. Community Update (60% Design) – 1 Meeting Total:
• Plan and coordinate (1) meeting to provide project update – assuming 2 people from Gates and 1 from BKF
• Provide artwork for updated project graphics and social media content • Update existing design collateral artwork from update meetings c. Stakeholder Meetings (e.g. Schools, Transit, Public Utilities) – 1 Meeting Total (BKF personnel only)

1.4. Administration and QA/QC: A senior member of BKF’s team from our office in Walnut Creek will perform an independent quality control review of the team’s documents prior to submittal.

There is NO cost for this task.

Exhibit A to Attachment 2

Treat Boulevard Scope of Work
December 22, 2021

1646 N. California Blvd., Suite 400 | Walnut Creek, CA | 94596 | 925.940.2200

2. PREPARE BASE MAPS AND PLAN SHEETS

2.1. Survey and Base Studies:

A. Research: BKF will acquire information from public utility companies who possess infrastructure in the project area as well as their current and future CIP projects.

B. FWD Pavement Evaluation: Applied Research Associates, Inc. (ARA) will provide Falling Weight Deflectometer (FWD) testing and analysis. In addition, Ground Penetrating Radar (GPR) for continuously determining the pavement layer thicknesses will also be provied. A Google Earth map showing the FWD tested locations, a set of right of way pictures taken during FWD data collection, pavement structural analysis using Caltrans Test Method (CTM) 356 and Highway Design Manual (HDM), pavement maintenance and rehabilitation recommendations, and a report will be provided.

FWD testing will be conducted on Treat Blvd. as shown in Table 1. FWD testing will be conducted at preset testing intervals in each main travel lane (turning lanes are not included) as shown in Table 1. Each FWD test point will be geo-referenced using our sub-meter accuracy GPS system. The tests will be staggered between the lanes to increase the coverage over the test section. The approximate total number of test points is 419 including only main travel lanes. It is anticipated that the testing will take two (2) days to complete. The testing and analysis will be performed in accordance with Caltrans CTM 356 and HDM.

Table 1 – Estimated Number of FWD Test Locations

Surface Type Length (ft) Lanes Test
Interval
No. of Test
AC 7,300 6 200 219
AC 10,000 4 200 200

C. Pavement GDR Evaluation: A GSSI SIR30-42000S GPR system will be used to collect pavement thicknesses and types. The GSSI GPR System SIR30 has 4 channel electronics, a single air launched 2 GHz horn antenna and a 1 GHz ground coupled antenna that are mounted to the front of a vehicle to accurately measure dielectric constants. Ground coupled GPR can couple more energy into the ground and extract more energy out of it, which results in clearer data and greater depth of investigation. GPR is used to determine the pavement thicknesses and types by means of emitting a series of radar waves to the pavement structure while the vehicle is traveling at traffic speed. The GPR data will be analyzed using RADAN 7 software package to estimate the dielectric properties of the pavement and determine the layer thicknesses. The resulting correlated dielectric constants are then filtered to determine pavement thicknesses and types. Up to 10 pavement cores will be used to calibrate the GPR data; 6 on the first segment of 6 lanes and 4 for the second segment of 4 lanes.

Treat Boulevard Scope of Work
December 22, 2021

1646 N. California Blvd., Suite 400 | Walnut Creek, CA | 94596 | 925.940.2200

D. ADA Inspections at Intersections: BKF will visit the street intersections to document areas of damage to curbs and gutters, and conflicts/issues with accessibility (sidewalks, ramps, and push buttons). We will compile both a photographic log and field notes of the investigation.

E. Arborist Report: DGA will prepare an arborist report of the median trees between San Miguel and Cowell Road and at potential sidewalk gap closures or stormwater quality basins. This includes up to 50 specific median trees which may possibly be impacted by construction.

F. Survey Base Mapping: BKF will compile base mapping for streets to receive improvements using the City and County’s GIS information and aerial photogrammetry. BKF will set control and have an aerial survey flow for initial planning. BKF will plot available utility record drawings in the base mapping as well as compile right of way from GIS information. We will assemble the drawings in AutoCAD Civil 3D format for use in final design.

2.2. Complete Streets and Green Infrastructure Options: BKF will evaluate options for complete streets and green infrastructure. We have assumed that this analysis will include:
a. Identification of sidewalk gap areas
b. Identification of bus stop locations with potential accessibility deficiencies c. Identification of potential locations for Class I bicycle facilities within the current right-of-way (strip map of corridor)
d. Identification for potential improvements to access schools, trails, bus stops, and parks within corridor (strip map of corridor)
e. Identification of potential locations suitable for streetscape elements including new trees and landscaping in the medians with a focus between San Miguel and Cowell. f. BKF will consider the potential for stormwater treatment (C3) and trash capture (C.10) measures with a focus at creek crossings and wider ROW areas that could accommodate swales or basins.

2.3. Rehabilitation Scope Refinement (Basis of Design): BKF will evaluate alternatives for repairs that offer the highest benefit. We will develop cost analysis and potentially refine the rehabilitation strategy to remain within the defined budget for streets. BKF will provide the following as part of the Basis of Design documentation or appendixes:
• Area and severity of pavement distress
• Curb ramp replacement and accessibility enhancements
• Pedestrian and bicycle improvements
• Fiber conduit and pull box improvements location and concept • Stormwater Treatment
• Cost analysis to complete defined scope of work
• Suggested alternatives to complete the project in phases

3. PREPARE PLANS, SPECIFICATIONS & ESTIMATE (PS&E)

3.1. 35% Design (Preliminary): BKF will develop drawings to a 35% level of design including:

Treat Boulevard Scope of Work
December 22, 2021

1646 N. California Blvd., Suite 400 | Walnut Creek, CA | 94596 | 925.940.2200

3.1.1. Plans with the following components:
• Title Sheet
• Roadway Rehabilitation Plan
• Curb Ramp Replacement Diagram
• Striping Plan
• Fiber Conduit Layout Concept (from Basis of Design)
• Stormwater Treatment Areas
• Construction Staging and Phasing Concepts
• Cost Estimate

3.1.2. Cost Analysis: BKF will refine our estimate confirming that the scope of work for the pavement rehabilitation is within budget. Should the scope exceed the budget, we will include value-engineering strategies in our analysis, which may include alternative rehabilitation strategies or delaying repairs to certain streets.

3.2. 60% Design

3.2.1. Construction Documents: BKF will further the design of the Plans prepared in Task 3.1 to the 60% level of design. We will add the following elements to the 35% set:
• Curb Ramp and Sidewalk Detail Grading Plans (concepts) • Sign and Striping Plans
• Traffic Signal Plans
• Fiber Plans
• Construction Details
• Tree planting plans and details
• Irrigation main line plans, notes/legends and details (detailed irrigation layout is not within the scope of services)
• WELO water calculations
• Landscape construction details
• Project Technical Specifications (outline at 60%)
• Bid Schedule

3.2.2. Coordinate with Public Utilities in Project Area: BKF will meet with public utility companies to introduce the project and discuss potential impacts to utility infrastructure. We will provide both written notice and hold a paving is complete.

3.2.3. Potholing Optional Service: We will have BESS Test Lab pothole critical locations to determine the depth and location of existing utilities that may be in conflict with new facilities. If the level of effort, we have provided a fee allowance for this service as the exact number of potholes is unknown.

Treat Boulevard Scope of Work
December 22, 2021

1646 N. California Blvd., Suite 400 | Walnut Creek, CA | 94596 | 925.940.2200

B. Design Assumptions and Scope Qualifications

BKF Engineers’ services are limited to those expressly set forth in the scope. We understand that BKF will have no other obligations or responsibilities for the project except as provided in thi s proposal letter, or as otherwise agreed to in writing. BKF will provide the scope of services consistent with, and limited to, the standard of care applicable to such services. Any participation in non-adversarial procedures, or other right to repair items, is considered as additional services. For the scope of work identified, we have assumed the following:

1. City Provided Information: City will provide the following services:
a. City will make available any existing record drawings (as-built) of the existing and improved roadways and aerial mapping of the City.
b. Right of Way Maps/Title Report: A current title report or right of way maps for the roadway will be provided by the City.

2. Signal Modifications: We have assumed that no signal modifications will be required with this project and that only minor installation of push button poles to accommodate existing pedestrian crossings at signalized intersections will be needed.

3. Fiber Design: Fiber design, including fiber splicing diagrams, is not included with the design.

BKF will provide a layout for the fiber conduit and pull boxes to accommodate the future installation of fiber. Additional site work may be needed to accommodate the fiber installation.

4. Existing Utilities: Unless otherwise indicated or provided by others, any existing utilities identified on BKF’s drawings/plans are based on information obtained by BKF, or provided to BKF, and may not be accurately documented in their horizontal location or vertical profile. Other utilities may be present that were not disclosed. Additionally, existing utilities have adequate capacity to serve the proposed improvements and that utility system capacity studies are not required.

5. CEQA: We have presumed that the project will be a Categorical Exemption based on the CEQA checklist (since the project limits will be within an existing disturbed roadway areas). We presume that the City will use internal staff to make the findings and file the paperwork with the compliance agency.

6. NPDES C.3 Compliance: Based on a preliminary review, the site is not subject to the NPDES Stormwater regulations. The City of Concord has a Stormwater Compliance Checklist that BKF will assist the project team in completing for a demonstration rain garden. This checklist will provide guidance on the limited stormwater quality measures that could be implemented. We have not included time to process an official application or provide a detailed analyses of the stormwater treatment measures.

Treat Boulevard Scope of Work
December 22, 2021

1646 N. California Blvd., Suite 400 | Walnut Creek, CA | 94596 | 925.940.2200

7. Planting: Landscape sheets will only cover median work from San Miguel to Cowell Rd and not the full length of Treat Boulevard.

8. Gateway Elements: Entry gateway elements and signage is not included within the scope of work

9. Outreach Materials: All outreach media including color drawing renderings, outreach collateral, printing, mailing, door hangers, flyers, and mailers will be based on a materials cost by the City unless otherwise contracted.

10. Lighting Design & Photometric Analysis: Lighting design and photometric analysis for the existing roadways are not anticipated and not part of this scope of work.

11. Postponements: If the execution of the scope of work is delayed more than one year BKF reserves the right to adjust our billing rates to be consistent with our normal schedule of charges in the year work actually commences. Rates to be evaluated yearly after notice to proceed.

12. NEPA: We have assumed that the City will conduct all NEPA analyses for the project. We have allocated time for Circlepoint to develop a CEQA checklist and CEQA documentation assuming a categorical exemption.

13. Drawings: We have assumed that the project is focused on street rehabilitation and that profiles of the roadway will not be required and that major regrading will not be required.

Total
Hours
$264 $224 $207 $169 $147 $315
Task 1 PROJECT MANAGEMENT

1.1 Project Management 12 60 72 16,608$

1.2 Coordination and Meetings 12 40 40 92 20,408$

1.3 Public Outreach & Exhibits (3 public + 3 stakeholder meetings) 6 16 16 24 12,500 $ 62 24,508$

1.4 Administration & QA/QC 0 No Charge
30 116 56 0 24 0 12,500 $ 226 61,524$
Task 2 PREPARE BASE MAPS AND PLAN SHEETS

2.1 Survey and Base Studies 4 40 80 40 182 96 5,500 $ 442 95,830$

2.2 Complete Streets and Green Infrastructure Options 4 20 40 80 11,800 $ 144 37,376$

2.3 Rehabilitation Scope Refinement (Basis of Design) 2 10 32 40 6,500 $ 84 21,772$ 10 70 152 40 302 96 23,800 $ 670 154,978$
Task 3 PREPARE PLANS AND ESTIMATE (P&E)

3.1 35% P&E (Preliminary) 12 60 120 60 200 21,500 $ 452 102,488$

3.2 60% P&E 12 60 120 60 200 21,500 $ 452 102,488$ 24 120 240 120 400 0 43,000 $ 904 204,976$
Labor Hours 64 306 448 160 726 96 79,300 $ 1,800 421,478$ Circlepoint (Environmental - CEQA) 15,000$
ARA - Deflection Testing, and GPR 33,100$
Traffic Control and Pavement Corings - Allowance 14,000$ Aerial Survey - Allowance 20,000$
BESS TestLab (Utility Locating & Potholing) - Allowance 80,000$ Subtotal Support Consultants 162,100
Printing, Postage, and Travel 800 6,422$
Subtotal Reimbursable Expenses 6,422
Total Labor Plus Reimbursable Expenses 590,000
Total Fee
Field Crew
33,100
20,000
15,000
Gates & Associates
(Landscape and
Outreach)
Technical Manager
P
roject
Engineer/Surveyor
Treat Boulevard
Pavement Rehabilitation - Project 2559
Design
Engineer/Surveyor 12/22/2021 Engineering Manager
Billing Rates per Standard Rate Schedule
Task 1 Subtotal:

Task 2 Subtotal:

Task 3 Subtotal:

Reimbursable Expenses
Support Consultants
5,622
BKF Engineers
Project Management - Engineering - SurveyingPrincipal & QaQC 80,000
14,000

Staff Report
Date: January 25, 2022
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kevin Marstall, PE, Interim Director of Community Development Bruce Davis, PE, Interim City Engineer
Bernard Enrile, PE, CIP Manager
Prepared by: Kevin Wheat, PE, Associate Civil Engineer
[email protected]
(925) 671-3422
Subject: Considering approval of a Professional Services Agreement with Bellecci & Associates in the not-to-exceed amount of $292,241.40 (base agreement of $265,674.00 plus Staff
authority to spend up to a 10% contingency of $26,567.40) for design engineering and related services for Meadow
Lane/Market Street Paving Project (Project No. 2582); and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney (Measure V Funds).

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

Report in Brief
The Meadow Lane/Market Street Paving Project (Project No. 2582) will involve pavement rehabilitation on Meadow Lane, from Monument Boulevard to Market Street, and on Market Street, from Meadow Lane to Willow Pass Road. The intersection at Meadow Lane and Monument Blvd. will not be included in this project; it will be part of a future paving project on Monument Blvd. The intersection at Market St. and Willow Pass Road was rehabilitated approximately five years ago.

Engineering design support and related services are needed to initiate the project.

Necessary work will involve the development of plans, specifications, construction cost estimates, bid documents, and construction support. The design work incorporates

4.f4.f4.f4.f

City Council Agenda Report
Agenda Item No. 4.f
January 25, 2022
pavement rehabilitation, the installation of curb ramps at intersections to meet accessibility standards, minor sidewalk or curb and gutter repairs, and restriping.

The Meadow Lane/Market Street Paving Project design is expected to start in February 2022, and be completed by October 2022. Following design, staff will advertise for construction bids; advertising a paving project in fall/winter period will lead to more competitive bid prices. Construction is anticipated to begin in Spring/Summer 2023.

The project is funded by Measure V Funds.

Recommended Action

1. Approve a Professional Services Agreement (PSA) with Bellecci & Associates in the not-to-exceed amount of $292,241.40 (base agreement of $265,674.00 plus Staff authority to spend up to a 10% contingency of $26,567.40) for design engineering and related services for Meadow Lane/Market Street Paving Project (Project No. 2582); and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney.

Background
On June 2, 2020, City Council approved the proposed Five-Year Pavement Expenditure plan and 2-year CIP Budget for FY 2020/2021 and FY 2021/2022.

On June 1, 2021, City Council approved a Five-Year Pavement Expenditure Plan Update, reflecting the significant increase in funding made available by the voters passage of Measure V and the Council’s decision to use lease revenue debt financing to accelerate roadway investments. This project is a component of that plan. The full plan can be viewed online at the following link:
https://cityofconcord.org/DocumentCenter/View/5612/5-Year-Expenditure-Pavement- Plan.

On June 8, 2021, the City Council adopted the mid-cycle adjustments to the CIP Budget for Fiscal Years 2020-21 and 2021-22, which an included appropriation of $3,000,000 to fund the design and construction of Project No. 2582.

Analysis/Procurement Process
Staff issued a Request for Proposals (RFP) on October 8, 2021 for consultants to provide design and related services for Meadow Lane/Market Street Paving Project (Project No. 2582). The RFP was advertised in the local newspaper and on the City’s Procurement Website (Public Purchase). Four proposals were received, reviewed, and ranked by the selection committee comprised of City Staff from Engineering Services.

Based on the analysis of the proposals, interviews, and references, Bellecci & Associates of Concord, CA was selected as the most qualified firm to provide design and related services for Project No. 2582. City Staff and Bellecci & Associates

City Council Agenda Report
Agenda Item No. 4.f
January 25, 2022
negotiated the scope of work, cost for the services, and agreed upon $292,241.40 as a fair and reasonable compensation for the services needed to complete the design phase of the project. Bellecci & Associates has extensive experience in the design of paving projects in the Bay Area, and designed Concord’s North 6th Street, Solano Way, Wren Avenue Pavement Rehabilitation Project (City Project No. 2361). See “Exhibit A” attachment for detailed scope of work and breakdown of costs for design services.

Financial Impact
There are enough funds in the budget for the design phase of Meadow Lane/Market Street Paving (Project No. 2582). The project budget consists of Measure V Funds (Fund 407).

Environmental Determination
This design activity does not constitute a “project” within the meaning of CEQA Guidelines Section 15060(c)(2) or CEA Guidelines Section 15378 because there is no potential that it will result in a direct or reasonable, foreseeable indirect physical change in the environment. Even if the activity does comprise a project for CEQA analysis, it falls within the “common sense” CEQA exemption set forth in CEQA Guidelines Section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. This determination reflect 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. Professional Services Agreement (PSA) with Bellecci & Associates with Exhibit A

MEADOW LANE/MARKET STREET PAVING PROJECT
PROJECT NO. 2582
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PROJECT

LOCATION
Attachment 1

AGREEMENT FOR PROFESSIONAL SERVICES
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THIS AGREEMENT (“Agreement”) is entered into on January 25, 2022 between the City of Concord (“CITY”) and Bellecci & Associates, 2290 Diamond Boulevard, Suite 100, Concord, CA 94520 (“CONSULTANT”).

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

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

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

1. TERM. This Agreement shall commence on January 25, 2022 and expire on June 30, 2023.

2. SCOPE OF SERVICES. Subject to such policy direction and approvals provided by the CITY's Authorized Representative, CONSULTANT shall provide design engineering services for Meadow Lane / Market Street Paving Project, Project No. 2582 described in detail in Exhibit A, a proposal from Bellecci & Associates dated December 20, 2021, attached hereto and made a part hereof.

CITY retains all rights of approval and discretion with respect to the projects and undertakings contemplated by this Agreement.

3. PAYMENT. The compensation to be paid to CONSULTANT including payment for professional services and reimbursable expenses, shall be at the rate and schedules in detail in Exhibit A. However, in no event shall the amount CITY pays CONSULTANT exceed two hundred ninety-two thousand two hundred forty-one dollars and forty cents ($292,241.40) for the term of this Agreement.

The total includes the sum of the base contract of two hundred sixty-five thousand six hundred seventy- four dollars ($265,674.00) and a 10% contingency of twenty-six thousand five hundred sixty-seven dollars and forty cents ($26,567.40). Any Amendment to this Agreement that includes an increase to this compensation amount shall be made in accordance with Section 5 below.

CONSULTANT may submit monthly statements for services rendered; all statements shall include adequate documentation demonstrating work performed during the billing period. It is intended that CITY review such statement and pay CONSULTANT for services rendered within 30 days of Attachment 2

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receipt of a statement that meets all requirements of this Agreement. Payment by CITY shall not be deemed a waiver of unsatisfactory work, even if such defects were known to the CITY at the time of payment.

4. AUTHORIZED REPRESENTATIVES. Authorized representatives shall represent CITY and CONSULTANT in all matters pertaining to the services to be ordered by CITY or rendered by CONSULTANT under this Agreement except where approval for the CITY is specifically required by the City Council. The CITY’s authorized representative is Bruce Davis, Interim City Engineer of the Community Development Department. The CONSULTANT’s authorized representative is Robert Broestl, Principal.

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

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

3.10.040(a). The Minimum Threshold for Fiscal Year 2021-22 is $75,000 and increases by $5,000 each subsequent fiscal year such that by Fiscal Year 2026-27 the Minimum Threshold is $100,000. Any additional compensation to CONSULTANT that is greater than the Minimum Threshold, including the base contract amount, must be approved by City Council. CONSULTANT’s failure to secure CITY’s written authorization for additional compensation or changes to the Scope of Work shall constitute a waiver of any and all right to adjustment in the price or time due, whether by way of compensation,

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restitution, quantum merit, or similar relief.

6. INDEPENDENT CONTRACTOR. Both parties understand and acknowledge that CONSULTANT, its agents, employers and subcontractors are and shall at all times remain as to the CITY wholly independent contractors. Neither the CITY nor any of its officers or employees shall have any control over the manner by which the CONSULTANT performs this Agreement and shall only dictate the results of the performance. CONSULTANT shall not represent that CONSULTANT or its agents, employees or subcontractors are agents or employees of the CITY, and CONSULTANT shall have no authority, express or implied, to act on behalf of the CITY in any capacity whatsoever as an agent, and shall have no authority, express or implied, to bind the CITY to any obligation whatsoever, unless otherwise provided in this Agreement.

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

7. STANDARD OF PERFORMANCE. CONSULTANT represents and warrants to CITY that CONSULTANT is skilled and able to provide such services described in the Scope of Work and that such services shall be performed in an expeditious manner, and with the degree of skill and care that is required by current, good, and sound procedures and practices. CONSULTANT further

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agrees that the services shall be in conformance with generally accepted professional standards prevailing at the time work is performed.

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

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

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

CONSULTANT’s records, documents, calculations, and all other instruments of service pertaining to actual project shall be given to CITY at the completion of the project. The CITY reserves the right to specify the file format that electronic document deliverables are presented to the CITY.

Title to all plans, specifications, maps, estimates, reports, manuscripts, drawings, descriptions and other final work products compiled by the CONSULTANT under the Agreement shall be vested in the CITY, none of which shall be used in any manner whatsoever, by any person, firm, corporation, or agency without the expressed written consent of the CITY. Basic survey notes and sketches, charts, computations, and other data prepared or obtained under the Agreement shall be made available, upon request, to the CITY without restriction or limitations on their use. CONSULTANT may retain copies

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

10. INDEMNIFICATION.

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

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

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

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

B. Automobile Liability Coverage. CONSULTANT shall maintain automobile liability insurance covering all vehicles used in the performance of this Agreement providing a one

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million dollar ($1,000,000) combined single limit per occurrence for bodily injury, personal injury, and property damage.

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

D. Compliance with State Workers' Compensation Requirements.

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

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

Except for worker's compensation and professional liability insurance, the policies mentioned in this subsection shall name CITY as an additional insured and provide for notice of cancellation to CITY. CONSULTANT shall also provide timely and prompt notice to CITY if CONSULTANT receives any notice of cancellation or nonrenewal from its insurer. (2) Primary Coverage. CONSULTANT'S insurance coverage shall be

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primary insurance with respect to CITY, its officers, officials, employees, and volunteers. Any insurance, risk pooling arrangement, or self-insurance maintained by CITY, its officers, officials, employees, or volunteers shall be in excess of CONSULTANT'S insurance and shall not contribute with it.
(3) Reporting Provisions. Any failure to comply with the reporting provisions of the policy shall not affect the coverage provided to the CITY, its officers, officials, employees, or volunteers.
(4) Verification of Coverage. CONSULTANT shall furnish CITY with certificates of insurance and the original endorsements effecting coverage required by this Agreement.

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

12. TIME OF PERFORMANCE. The time of performance of the services under this Agreement is of the essence, and all time deadlines identified in this Agreement or Scope of Services shall be strictly construed.

13. SUSPENSION OF WORK. CITY may, at any time, by ten (10) days’ written notice, suspend further performance by CONSULTANT. All suspensions shall extend the time schedule for performance in a mutually satisfactory manner, and CONSULTANT shall be paid for services performed and reimbursable expenses incurred prior to the suspension date. During the period of suspension, CONSULTANT shall not receive any payment for services, or expenses, except for reasonable administration expenses, incurred by CONSULTANT by reason of such suspension.

14. TERMINATION. CITY may terminate this Agreement for any reason upon ten (10) days written notice to the other party. CITY may terminate the Agreement upon five (5) days written notice if CONSULTANT breaches this Agreement. In the event of any termination, CONSULTANT

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shall promptly deliver to the CITY any and all finished and unfinished reports or other written, recorded, photographic, or visual materials, documents, data, and other deliverables (“Work Materials”) prepared for the CITY prior to the effective date of such termination, all of which shall become CITY’s sole property. After receipt of the Work Materials, CITY will pay CONSULTANT for the services performed as of the effective date of the termination.

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

A. Equal Employment Opportunity. In connection with the execution of this Agreement, CONSULTANT shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, or national origin. Such actions shall include, but not be limited to, the following: employment, promotion, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection for training including apprenticeship.

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

C. Solicitations for Subcontractors including Procurement of Materials and Equipment. In all solicitation, either by competitive bidding or negotiations, made by CONSULTANT for work to be performed under a subcontract including procurement of materials or leases of equipment, each potential subcontractor, supplier or lessor shall be notified by CONSULTANT of CONSULTANT’S obligation under this Agreement and the regulations relative to nondiscrimination on the grounds of race, religion, color, sex, or national origin..

16. CONFLICT OF INTEREST.

A. CONSULTANT covenants and represents that neither it, nor any officer or principal of its firm, has, or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of CITY or which would in any way hinder CONSULTANT’s performance of services under this Agreement. CONSULTANT further covenants that in the performance of the Agreement, no person having any such interest shall be employed by it as an officer, employee, agent

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or subcontractor without the express written consent of the CITY. CONSULTANT agrees to at all times avoid conflicts of interest, or the appearance of any conflicts of interest, with the interests of the CITY in the performance of this Agreement.

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

17. COMPLIANCE WITH LAWS. CONSULTANT shall comply with all applicable Federal, State of California, and local laws, rules, and regulations and shall obtain all applicable licenses, including a business license with the City of Concord, and permits for the conduct of its business and the performance of the services. CONSULTANT shall ensure that all of its officers, employees, agents, and subcontractors who: (i) enter CITY premises in connection with the services to be performed by CONSULTANT hereunder, and/or (ii) have in-person contact with CITY officers, officials, employees, subcontractors, agents, and volunteers, and/or members of the public, in connection with the services to be performed by CONSULTANT hereunder, comply with all applicable Federal, State of California, Contra Costa County, and local laws, rules, and regulations, whichever is the most restrictive, regarding COVID-19 or similar public health matters, including regarding vaccinations, testing, reporting, social distancing, social gathering, mask wearing, and associated requirements.

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

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

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

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

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

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power to bind or commit the CITY to any decision.

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

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

To CITY: Bruce Davis, Interim City Engineer
Community Development Department
City of Concord
1950 Parkside Drive
Concord, CA 94519-2578
Phone: (925) 671-3470
Fax: (925) 798-8692
To CONSULTANT: Robert Broestl, Principal
Bellecci & Associates
2290 Diamond Boulevard, Suite 100
Concord, CA 94520
Phone: 925-685-4569

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

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

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

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or account for more than one such counterpart.

IN WITNESS WHEREOF, the parties have executed this Agreement in one (1) or more copies as of the date and year first written above.

CONSULTANT CITY OF CONCORD, a Municipal
Corporation
By:_________________________________ By:______________________________ Name: Robert Broestl Name: Valerie Barone
Title: Principal Title City Manager
Address: 2290 Diamond Boulevard, Suite 100 Address: 1950 Parkside Drive Concord, CA 94520 Concord, CA 94519 Telephone: (925)685-4569 Telephone: (925)671-3150
Email: [email protected]
APPROVED AS TO FORM: ATTEST:

City Attorney City Clerk
Date: _____________________________, 2022
FINANCE DIRECTOR'S CERTIFICATION:

Concord, California
Date: _____________________________, 2022

I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEAR 2021/22 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.

THE SUM OF $292,241.40.

Account Code: 4079500C999-74500 / 4072582111-74500
Finance Director's Signature

Meadow Lane/Market Street Paving Project (Project No. 2582)

SCOPE OF WORK

1. Kick-off Meeting: Bellecci will participate in a kick-off meeting. This meeting will accomplish the following key tasks in the initialization of the project:
o Review project goals
o Confirm scope schedule and budget
o Establish contacts and lines of communication to initiate effective communication. o Discuss conceptual ideas and identify potential problems o Discuss format of deliverables
o Share available information for the project.

2. P roject Management: Bellecci & Associates will be responsible for managing both the technical and non-technical, organization related administrative work to deliver a successful project to the City. The ke y project management tasks that will be implemented by Bellecci include monitoring the project scope of work and cost proposal, establishing and updating the project schedule, monitoring and updating the City’s overall project budget, scheduling coordination meetings with key parties, subconsultant coordination, creation of status reports, and organizing the Public Outreach Meetings. More details on the key Project Management tasks are summarized below.

2.1 Meetings: Attend meetings with City staff, and project stakeholders. The meetings will include:
x Conduct a kickoff meeting with City staff and project stakeholders. x Attend a minimum of 3 design review meetings with the City staff and appropriate entities. x Schedule and attend a community outreach meeting with the business owners and residents.

2.2 Schedule: The project schedule will be created in MS Project and submitted to the City for review and approval. The schedule will be monitored and updated throughout the project to reflect the changed conditions encountered during the course of design.

2.3 Project Status Reports: Bellecci will provide project progress updates with the project engineer on a biweekly basis by phone or email. The report will include accomplishments, anticipated problems or issues and schedule of upcoming events. In addition, we will provide design budget cost reports with every invoice that highlights the approved budget, budget remaining, and amount spent for the invoicing period and an estimate of the percent complete.

2.4 QA/QC Plan: As part of overall design integrity, Bellecci will perform a QA/QC review to check the following:
x Plan and specification checks
x Quantity Checks
x Comparison of Bid Form and Pay Clauses

3. Data Collection: Bellecci will review available City project documents and electronic files, including:

Construction Plans for nearby work, Master Utility Plans, As-built plans and Traffic Studies. We will use the available traffic count information from the City to determine the Traffic Index (T.I.). If traffic counts are not available an applicable T.I. can be assumed.

Date: 12/20/2021
Exhibit A to Attachment 2