Concord City Council
February 22, 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
Tuesday,
February 22, 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 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.
2 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/82110989369?pwd=NFlFdElvNGo0Q3BpUkVNcStIckpZdz09 oWebinar ID: 821 1098 9369
oPasscode: 254045
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.

3. 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 January 25 and February 1, 2022. Recommended by the City Clerk.
b. Considering – adoption of Ordinance No. 22-1 entitled, "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 (PL21331 - AA, DA, DR). Ordinance No. 22-1 was introduced on January 25, 2022, by reading of the title only and waiving further reading. Recommended by the City Clerk.

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.
c. Considering – adoption of a Resolution accepting the Public Improvements for Tract 9508, Myrtle Creek Estates Subdivision, Assessor’s Parcel No. 117- 050-008, located on Myrtle Drive at Ayers Road, and releasing the obligation of the bonds posted with the Subdivision Agreement. Recommended by the Director of Community Development.

CEQA: Exempt/not a project pursuant to Guidelines Sections 15060(c), 15061(b)(3), 15273, 15378, and/or Public Resources Code Section 21065. 4 d. Considering – approval of the purchase of the Rubrik Disaster Recovery and Backup System from ePlus Inc. in an amount not to exceed $457,557.89, including a 15% contingency, in accordance with the City’s technology replacement schedule. (General Fund) Recommended by the Director of Information Technology.

CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(3), and/or 15378. e. Considering – approval of a License Agreement with Devaney Engineering, Inc. to allow temporary materials/equipment storage within the City of Concord's property located at the Concord Pavilion for a fee of $1,687 per month for March 2022; authorizing the City Manager to renew or extend the license term; and authorizing the City Manager to sign the agreement in a form acceptable to the City Attorney. Recommended by the Director of Community Development.

CEQA: Exempt per CEQA Guidelines Sections 15301, 15302, 15303, 15304, and/or 15305.
f. Considering – adoption of a Resolution adopting a Notification of Intent to Comply with Senate Bill 1383 regulations, California’s Short-Lived Climate Pollutant Reduction Law. Recommended by the Director of Public Works. g. Considering – the following:

1. Award of a construction contract in the amount of $2,729,071.90 to Interstate Grading & Paving Inc. of South San Francisco for Pavement Maintenance – Zone 3 (Project No. 2443) and authorizing staff to utilize the available project contingency for contract change orders up to 10% of the contract amount; and authorizing the Mayor to execute the contract in a form acceptable to the City Attorney;

2. Approval of a Professional Services Agreement with Quincy Engineering, Inc. in the total not-to-exceed amount of $298,971.20 (base contract amount of $271,792.00 plus staff authorization to spend up to 10% contingency of $27,179.20) to provide construction management, inspection, and materials testing services for Pavement Maintenance – Zone 3 (Project No. 2443); and authorizing the City Manager to execute the Agreement in a form acceptable to the City Attorney;

3. Approval of a related budget transfer of $400,000 (Measure Q and SB-1 Funds) from Oak Grove Road Pavement Rehabilitation - Phase 2 (Project No. 2423) to Pavement Maintenance – Zone 3 (Project No. 2443) (Project Funded by State Gas Tax, SB-1, and Measure Q Funds). Recommended by the Director of Community Development.
5 CEQA: Exempt per CEQA Guidelines Sections 15301, 15302, 15303, and/or 15304.

4. CITY COUNCIL CONSIDERATION ITEM
The public is entitled to address the City Council on items appearing on the agenda before or during the City Council’s consideration of that item. Each speaker will be limited to approximately three minutes. Please see “How to Submit Public Comments” above. a. Considering – support of the Concord Art Association's proposal to complete Phase III of its utility box artwork program by: 1) authorizing use of twenty traffic signal controller boxes located throughout the city for public art; 2) authorizing staff to support the program; and 3) allocating $10,000 from the Art in Public Places fund to support the program. Report by Justin Ezell, Assistant City Manager.

CEQA: Exempt/not a project per CEQA Guidelines Sections 15060(c)(2), 15378, 15061(b)(3), and/or 15300.2.

5. CITY COUNCIL PUBLIC HEARINGS
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 – adoption of a Resolution approving the issuance of tax- exempt revenue obligations by the California Municipal Finance Authority for the purpose of financing the acquisition, rehabilitation, improvement, equipping, and conversion to affordable housing of The Lakes Apartments, a 102-Unit multifamily rental housing project located At 1818, 1819 & 1850 Laguna Street, Concord, California (The “Project”). Report by Sophia Hukabay, Housing Program Analyst.

This public hearing is being held as required by Section 147(f) of the Internal Revenue Code of 1986 (the “Code). Please see “How to Submit Public Comments” above.

CEQA: Not a project/exempt pursuant to CEQA Guidelines Sections 15060(c), 15061(b)(3), 15378 and/or Public Resources Code Section 21065. b. Considering – introduction of an Ordinance amending Concord Municipal Code Chapter 2.10 (Officers and Employees), Article II (Compensation), Section 2.10.020 (Councilmembers) increasing Councilmember compensation by 6 percent (3 percent and 3 percent, not compounded), to $1,433.12 per month, to be effective after the November 2022 City Council election by reading of the title only and waiving further reading. Report by Joelle Fockler, City Clerk.
6 6. CORRESPONDENCE
Correspondence received at the City Council meeting will be listed here on the Annotated Agenda.

7. REPORTS AND ANNOUNCEMENTS
a. Closed Session Announcements
b. City Manager or Staff Reports
c. Council Reports

8. ADJOURNMENT
Next Meeting: Regular Meeting
Date: 3/1/2022 6:30 PM

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

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

REGULAR MEETING OF THE

CONCORD CITY COUNCIL/CITY COUNCIL

SITTING AS THE CONCORD-PLEASANT HILL

HEALTH CARE DISTRICT

VARIOUS ELECTRONIC LOCATIONS
TUESDAY, JANUARY 25, 2022
The Concord City Council met in a regular 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; Greg Taylor, Director of Information Technology; Mark Bustillos, Chief of Police; William Tarbox, Director of Public Works; Karan Reid, Director of Finance; Kevin Marstall, Interim Director of Community
Development; Bruce Davis, Interim City Engineer; Bernard Enrile, CIP Manager; Marie Suvansin, Economic Development Manager; Ryan Pursley, Chief Building Official; Mindy Gentry, Planning Manager; Abhishek Parikh, Deputy Director of Public Works – Transportation; Lorna Villa, Associate Planner; Kevin Wheat, Associate Civil Engineer; Robert Carrera, Economic Development Specialist

MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: George Fulmore; Kenji Yamada; Employed Homeless Taxpayer; Ady; Michael Kerr; Linda Jacob; Judith Herman, Concord; Emily Gaines, Concord; Cora Mitchell; Natalie; LaTonya Johnson, Concord; Hope Johnson, Concord; Mike McDermott; Chuck
Carpenter; Wendy; Mike Cluster, Concord

PUBLIC COMMENT
George Fulmore spoke of moving homeless, Ellis Lake Park, and affordable housing.

Kenji Yamada spoke in opposition to sweeps of homeless encampments.

Employed Homeless Taxpayer spoke of having nowhere to go due to a recent homeless sweep.

Ady requested an urgency agenda item to focus on the issue of temporary safe housing for the unhoused.

Michael Kerr spoke of the City owned land next to the skate park being used for a homeless community.

Linda Jacob spoke of helping the homeless population.

Judith Herman, Concord, asked the Council to address homeless issues proactively.

3.a3.a

City Council Minutes January 25, 2022 Emily Gaines, Concord, requested more services for the unhoused and for an item to be put on the next City Council meeting agenda regarding homeless issues.

At 6:55 p.m., Mayor Aliano continued the remainder of the public comment to the end of the meeting.

PRESENTATIONS
BUSINESS RECOGNITION AWARDS – Los Rancheros Supermarket, Concord Mazda, and Six Flags Hurricane Harbor
Mayor Aliano introduced Robert Carrera, Economic Development Specialist, who provided a program overview and presented the awards to Los Rancheros Supermarket, Concord Mazda, and Six Flags Hurricane Harbor.

Mayor Aliano opened a public comment period.

George Fulmore commented that the businesses at 1500 Monument do not own the property and that a historic cultural district should be created.

Mayor Aliano closed the public comment period.
2021 LEGISLATIVE SESSION WRAP-UP – Townsend Public Affairs Assistant City Manager Justin Ezell introduced Niccolo De Luca, Vice President, Townsend Public Affairs, who gave a presentation on the 2021 Legislative Session. Following questions by the City Council, Mayor Aliano opened a public comment period.

George Fulmore inquired about a renter’s tax credit.

Core Mitchell spoke of the Council taking steps toward tangible solutions for homeless issues.

Employed Homeless Taxpayer stated that she wants help but there is no help available because she doesn’t qualify for services.

Natalie spoke of the unsafe and unsanitary hotels used for Project Room Key and cautioned the Council against using blanket statements that are disrespectful.

LaTanya Johnson, Concord, spoke of the need for alternative services to CORE.

Mayor Aliano closed the public comment period.

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

APPROVAL OF MEETING MINUTES –December 14, 2021, and January 10, 2022 A motion was made by Hoffmeister and seconded by McGallian to approve the meeting minutes from the December 14, 2021, meeting as submitted and January 10, 2022, meeting as benched for Council consideration. The motion passed by unanimous vote of the Council.

City Council Minutes January 25, 2022 ACCEPTANCE OF IMPROVEMENTS – 2021 Citywide Arterial and Collectors Pothole and Base Repair, Project No. 2567
This item was pulled from consideration on the Consent Calendar by Councilmember Obringer who highlighted the project and the six heavily traveled segments of arterial and collector streets where pothole and base repairs were made and requested that staff report out about upcoming roadwork projects at an upcoming City Council meeting.

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 Birsan to accept improvements for the 2021 Citywide Arterial and Collectors Pothole and Base Repair, Project No. 2567; and direct the City Clerk to file a Notice of Completion. The motion passed by unanimous vote of the Council.

APPROVAL OF PURCHASE – Cisco Systems Computer Network Infrastructure Equipment – Zones, LLC A motion was made by Hoffmeister and seconded by McGallian 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 percent contingency, in accordance with the City’s technology replacement schedule. The motion passed by unanimous vote of the Council.

ADOPTION OF RESOLUTION NO. 22-3 – Street Names “Julia Lane” and “Chapman Way” for the Clayton Roads Townhomes, Subdivision No. 9506
A motion was made by Hoffmeister and seconded by McGallian to adopt Resolution No. 22-3 entitled, “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.” The motion passed by unanimous vote of the Council.

APPROVAL OF PROFESSIONAL SERVICES AGREEMENT – Design Services for Treat Boulevard Pavement Rehabilitation Project, Project No. 2559 – BKF A motion was made by Hoffmeister and seconded by McGallian to approve a Professional Services Agreement with BKF in the not-to-exceed amount of $649,000 (base agreement of $590,000 plus staff authority to spend up to a 10 percent contingency of $59,000) to provide design and related services for the 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. The motion passed by unanimous vote of the Council.

APPROVAL OF PROFESSIONAL SERVICES AGREEMENT – Design Engineering for Meadow Lane/Market Street Paving Project, Project No. 2582 – Bellecci & Associates A motion was made by Hoffmeister and seconded by McGallian to approve a Professional Services Agreement with Bellecci & Associates in the not-to-exceed amount of $292,241.40 (base agreement of $265,674 plus staff authority to spend up to a 10 percent 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.

The motion passed by unanimous vote of the Council.

City Council Minutes January 25, 2022

CONCORD-PLEASANT HILL HEALTH CARE DISTRICT BOARD CONSIDERATION ITEM

APPOINTMENTS TO JOHN MUIR COMMUNITY HEALTH FUND BOARD
City Clerk Joelle Fockler presented the staff report, explaining that the City Council was being requested to appoint 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 either determine to appoint a Councilmember or hold a recruitment to appoint a member of the public as a City of Concord representative on the CHF for a term ending December 31, 2025, due to an unscheduled vacancy created by the death of Dr. Michelle Hernandez.

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

A motion was made by Birsan and seconded by McGallian to appoint Raymond Barbour to the John Muir Community Health Fund for a term ending December 31, 2025. The motion passed by unanimous vote of the Council.

A motion was made by Obringer and seconded by Birsan to open a recruitment for a City of Concord representative on the John Muir Community Health Fund for a term ending December 31, 2025, and set a deadline of February 25, 2022, at 5 p.m. as the deadline of receipt of applications by the City Clerk. The motion passed by unanimous vote of the Council.

CITY COUNCIL COMPENSATION
City Clerk Joelle Fockler presented the staff report, clarifying that the City Council was being requested to consider directing staff to return with an ordinance establishing an increase in councilmember compensation to be effective after the November 22 election, and if recommending an increase, provide specific direction to staff on the percentage increase desired.

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

The following people spoke in opposition to an increase in City Council compensation:

Employed Homeless Taxpayer
Cora Mitchell
Hope Johnson, Concord
Mayor Aliano closed the public comment period.

Following comments from the City Council, a motion was made by McGallian and seconded by Birsan to direct staff to return with an ordinance establishing a six percent (three percent and three percent increase), non-compounded, in councilmember compensation to be effective after the November 2022 election. The motion passed by the following vote of the Council:

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

City Council Minutes January 25, 2022 ADOPTION OF RESOLUTION NO. 22-4 APPROVING AN ADMINISTRATIVE PERMIT AND DESIGN AND SITE REVIEW AND INTRODUCTION OF ORDINANCE NO. 22-1 APPROVING AND ADOPTING A DEVELOPMENT AGREEMENT – Coastal Retail Concord
Associate Planner Michael Hart presented the staff report requesting the City Council to consider an Administrative Permit, Design and Site Review, and an Ordinance for a Development Agreement with Coastal Retail Concord, LLC (DBA Coastal) to establish a cannabis storefront retail use at 1847 Willow Pass Road, subject to conditions of approval.

The City Councilmembers announced ex parte contacts.

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

Mike McDermott spoke of the lack of safety bollards and the need for good security.

Natalie stated that the location is a good location for a cannabis storefront.

Chuck Carpenter questioned if employees were getting paid for community volunteer work.

Mayor Aliano closed the public comment period.

Following discussion by the City Council, a motion was made by McGallian and seconded by Birsan to adopt Resolution No. 22-4 entitled, “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 – DA, AA, DR)” and adding the following condition of approval:

22. The applicant shall include within the Safety and Security Plan the installation of safety bollards or the equivalent safety device along the exterior of the storefront to prevent building damage and theft.

The motion passed by unanimous vote of the Council.

A motion was made by McGallian and seconded by Obringer to introduce Ordinance No. 22-1 entitled, “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)”, by reading of the title only and waiving further reading. The motion passed by the following vote of the Council:

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

PUBLIC COMMENT (CONTINUED)
Wendy requested that the scheduled homeless encampment sweep be cancelled.

Mike Cluster, Concord, emailed requesting to stop the evictions of the people living under the BART tracks.

Hope Johnson, Concord, reminded the voters that all five Councilmembers are running for office this year, and stated that sweeps of homeless encampments do not work.

Cora Mitchell stated that she would like to see an accounting of the funds spent on the homeless encampment sweep.

Mayor Aliano closed the public comment period.

City Council Minutes January 25, 2022

CORRESPONDENCE
a. Benched Written Public Comment – Agenda Item No. 2.a b. Townsend PowerPoint – Agenda Item No. 3.b
c. Benched January 10, 2022 Minutes – Agenda Item No. 4.a

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

ADJOURNMENT
By order of the Mayor, the meeting was adjourned on January 25, 2022, at 10:04 p.m. in the memory of John Ouimet, Douglass Hieb, and Francis McDonald.

DOMINIC ALIANO
MAYOR

JOELLE FOCKLER, MMC

CITY CLERK

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, FEBRUARY 1, 202
The Concord City Council met in a regular meeting via various telephonic/electronic locations at 6:02 p.m. on Tuesday, February 1, 2022, with Mayor Aliano presiding. All Councilmembers were in attendance. Mayor Aliano opened a public comment period, and upon receiving no public comment, closed the public comment period. The meeting was recessed and immediately reconvened in a closed session for Conference with Legal Counsel – Existing Litigation (Paragraph (1) of subdivision (d) of Section 54956.9) Name of case: Joshua Robertson v. City of Concord, et al. United States District Court, Northern District of California, Case No. 19-01918 SI.

The meeting recessed at 6:25 p.m. to reconvene in open session via various electronic locations.

The Concord City Council met in a regular meeting via various electronic locations at 6:30 p.m. on Tuesday, February 1, 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; Karan Reid, Director of Finance; Kevin Marstall, Interim Director of Community Development; Will Tarbox, Director of Public Works; Mark Bustillos, Chief of Police; Jennifer Ortega, Community Relations Manager

MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: George Fulmore; Lisa Dell’Anno; Ady; Emily Gaines, Concord; Hope Johnson, Concord; Lee Ann Matthews; Evanne Jordan, Concord; Bill Gram-Reefer, Concord; Frogard Schmitt, Concord; Tanisha Humphrey, ACLU; Debra Ballinger, Concord; Betty Gabaldon; Guadalupe; Laura Nakamura; Brian Cory; Alex
Navarro, Concord; Kristi Laughlin; Mildred Phillips; Cora Mitchell; D’Marco Anthony; Stephen McCaffree, Concord; Mara Berton, Concord

PUBLIC COMMENT PERIOD
George Fulmore inquired about a City Manager Report on City Council Agendas.

Lisa Dell ‘Anno, spoke of this week being Gun Violence Week.

Ady spoke of complications a homeless family had obtaining services.

City Council Minutes February 1, 2022
Emily Gaines, Concord, spoke of the recent homeless sweeps in Concord.

Hope Johnson, Concord, commended Councilmember Birsan for wanting to take up the topic of homelessness.

Lee Ann Matthews gave an update on her situation after the recent homeless encampment sweep.

PRESENTATION
UPDATE ON THE CITY’S UNFUNDED LIABILITES AND OTHER NEEDS Mayor Aliano introduced Finance Director Karan Reid who presented an update on the City’s unfunded liabilities and other needs.

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

George Fulmore suggested that former City employees leave the City health plan and get Medicare and spoke of the lack of funding for Ellis Lake Park.

Hope Johnson, Concord, noted the funding actually needed to pay actual costs for pension payouts versus the total unfunded pension liability.

Ady spoke of her disappointment with the late start of the Redistricting Hearing, which was scheduled to begin at 7 p.m.

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. 3
Assistant City Manager Justin Ezell introduced the item and turned the presentation over to the City’s demographer, Michael Wagaman, who reviewed the redistricting timeline, district criteria, draft plans, and plans submitted by the public.

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

People who spoke in support of the current district boundaries:

Evanne Jordan, Concord
Bill Gram-Reefer, Concord
Frogard, Schmitt, Concord
Mara Berton, Concord, email
People who spoke in support of Public Map Number 3:

Tanisha Humphrey, ACLU
Debra Ballinger, Concord
Betty Gabaldon
Guadalupe

City Council Minutes February 1, 2022
Laura Nakamura
Brian Cory
Alex Navarro, Concord, email
Ady
Kristi Laughlin
Hope Johnson, Concord
Mildred “Millie” Phillips
Cora Mitchell
George Fulmore spoke of the need for a candidate that properly represents the Monument area.

D’Marco Anthony emailed as submitter of Public Plan Number 1 in support of the plan.

Stephen McCaffree, Concord, emailed in opposition to Public Map Number 1.

Mayor Aliano closed the public comment period.

Staff was directed to proceed with the redistricting process and return to the next public hearing with the following focus:

1. Keep the Downtown intact;

2. Clean-up Cowell Road as a clear boundary for District 4;

3. Add Mohr Lane area to District 3;

4. Do not isolate San Vincente area and keep it in District 1; and

5. Do not extend District 4 up to Clayton Road and keep Skate Park area in District 2, keeping Cowell Road as a boundary for District 4.

The meeting resumed the Agenda order.

ANNOUNCEMENTS
City Clerk Joelle Fockler announced a recruitment to fill an unscheduled vacancy for a design professional on the Design Review Board for a term ending February 28, 2025; and setting a deadline of Friday, February 25, 2022, at 5 p.m. as the deadline for receipt of applications by the City Clerk.

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.

ADOPTION OF CITY COUNCIL RESOLUTION NO. 22-5, LOCAL REUSE AUTHORITY RESOLUTION NO. 22-34, CONCORD-PLEASANT HILL HEALTH CARE DISTRICT RESOLUTION NO. 22-025 – Continue Meetings Remotely, AB 361
A motion was made by Hoffmeister and seconded by Obringer to adopt Resolution No. 22-5, Local Reuse Authority Resolution No. 22-34, and Concord/Pleasant Hill Health Care District Resolution No. 22-025 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,

City Council Minutes February 1, 2022
Commissions, and Committees to Continue to Meet Remotely Pursuant to AB 361.” The motion passed by unanimous vote of the Council.

CORRESPONDENCE
a. Update on the City’s Unfunded Liabilities and Other Needs PowerPoint Presentation – Agenda Item No. 7.a
b. Demographer PowerPoint Presentation – Agenda Item No. 4.a - Redistricting

ADJOURNMENT
By order of the Mayor, the meeting was adjourned on February 1, 2022, at 10:04 p.m.

DOMINIC ALIANO
MAYOR

JOELLE FOCKLER, MMC

CITY CLERK

ORDINANCE NO. 22-1

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)
WHEREAS, on June 12, 2018, the City Council adopted Ordinance No. 18-3, which amended the Municipal Code and Development Code to establish a Commercial Cannabis Overlay District, associated development standards, and a licensing framework for medicinal-only cannabis manufacturing and distribution, and adult-use and medicinal testing laboratories; and WHEREAS, on April 2, 2019, the City Council and Planning Commission conducted a Joint Study Session and directed staff to pursue revisions to the existing cannabis regulations to potentially allow additional commercial cannabis uses including adult-use and medicinal non-storefront retail; and consideration of allowing adult-use and medicinal storefront retail and microbusinesses; and WHEREAS, on November 5, 2019, the City Council considered introduction of an Ordinance amending Concord Municipal Code Chapter 5.80 (Cannabis) to add adult-use City Cannabis Licenses for manufacturing and distribution; to increase the maximum number of City Cannabis Licenses for manufacturing, distribution, and testing laboratories; to allow City Cannabis Licenses for medicinal and adult-use retail (storefront and non-storefront); and allow City Cannabis Licenses for microbusinesses. At the meeting, the City Council provided direction to staff regarding the allowable number of each cannabis license type, and directed staff to bring the Development Code amendments required for implementing corresponding changes to the Concord Development Code to the Planning Commission for consideration and recommendation to the City Council; and WHEREAS, on May 26, 2020, the City Council Adopted Ordinance No. 20-4, Amending Concord Municipal Code Chapter 5.80 (Cannabis) and Development Code (Title 18) to Allow Adult- Use City Cannabis Licenses for Manufacturers and Type 13 Distributors; Increase the Maximum Number of City Cannabis Licenses for Manufacturers, Type 13 Distributors, and Testing

3.b3.b

Laboratories, and Allow City Cannabis Licenses for Retail (Storefront and Non-Storefront), Microbusinesses, and Type 11 Distributors; and
WHEREAS, on July 28, 2020, the City Council approved the procedure, criteria, and scoring for a merit-based competitive process to review and select eligible applicants to apply for available City Cannabis Licenses for cannabis storefront retailers, non-storefront retailers, and microbusinesses with a storefront retail component; and
WHEREAS, on October 5, 2020 the City of Concord issued a Request for Proposals for storefront retailers, non-storefront retailers, and microbusinesses with a storefront retail component; and
WHEREAS, on May 26, 2021, following interviews, public comment, and City Council deliberation, Coastal Concord Retail, LLC was invited to apply for one of three available storefront retail cannabis licenses; and
WHEREAS, California Government Code section 65864 et seq. authorizes a city and a developer having a legal or equitable interest in real property to enter into a binding, long-term development agreement establishing certain development rights in the property; and WHEREAS, Municipal Code Chapter 18.460 Development Agreements authorizes the execution of development agreements and sets forth the required contents and form of those agreements; and
WHEREAS, on July 29, 2021, Coastal Concord Retail, LLC (“Applicant”), submitted an Administrative Permit, Design and Site Review, and Development Agreement applications to establish a cannabis storefront retail use at 1847 Willow Pass Road, APN 126-360-006 (“Property”), (herein collectively referred to as “Project”); and
WHEREAS, on November 29, 2021, the Project was deemed complete by staff; and WHEREAS, the City and Applicant have reached mutual agreement on the terms of the Development Agreement to facilitate development of the Project subject to the conditions and requirements set forth therein, in the form attached hereto as Exhibit A (the “Development Agreement”); and

WHEREAS, the Planning Commission, after giving all public notices required by State Law and the Concord Municipal Code, held a duly noticed public hearing December 15, 2021 on the proposed Development Agreement; and
WHEREAS, at such public hearing, the Planning Commission considered all oral and written information, testimony, and comments received during the public review process, including information received at the public hearing, the oral report from City staff, the written report from City staff dated December 15, 2021 materials, exhibits presented, and all other information that constitutes the record of proceedings on which the Planning Commission has based its decision that are maintained at the offices of the City of Concord Planning Division (collectively, “Planning Commission Information”); and
WHEREAS, on December 15, 2021, the Planning Commission, after consideration of all pertinent plans, documents, and testimony, adopted Resolution No. 21-15PC voted 5-0 (AYES:

Weinmann, Mizutani, Barbour, Laub, and Mercurio) to recommend City Council approval of the Development Agreement with the suggestion to the City Council to clarify terms regarding healthcare benefits, labor peace agreements, and change of ownership issues; and WHEREAS, the City Council, after giving all public notices required by State Law and the Concord Municipal Code, held a duly noticed public hearing on January 25, 2022 on the Development Agreement; and
WHEREAS, at such public hearing, the City Council also considered and adopted a Resolution Approving an Administrative Permit and Design and Site Review for a Cannabis Storefront Retail Business at 1847 Willow Pass Road, APN 126-360-006 (PL21131 – DA, AA, DR) (“Resolution 22-XX”); and
WHEREAS, at such public hearing, the City Council considered all oral and written information, testimony, and comments received during the public review process, including information received at the public hearing, the oral report from City staff, the written report from City staff dated January 25, 2022, the application materials, and other exhibits presented, Resolution 22-4, and the Planning Commission Information, which are maintained at the offices of the City of Concord

City Clerk (collectively, “City Council Information”), and declared their intent to approve and adopt the Ordinance.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CONCORD DOES ORDAIN 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. The City Council has reviewed, considered, and evaluated the City Council Information, all other pertinent plans, documents, and testimony prior to acting upon Ordinance.

Section 3. The documents and other materials that constitute the record of proceedings upon which the City Council has based its recommendation are located in and may be obtained from the City of Concord Clerk’s Office, 1950 Parkside Drive, Concord 94519.

Section 4. Pursuant to the California Environmental Quality Act (CEQA) of 1970, Public Resources Code Section 21000, et. seq., as amended and implementing State CEQA Guidelines, Title 14, Chapter 3 of the California Code of Regulations (collectively “CEQA”), the proposed cannabis storefront retail business does not constitute a “project within the meaning of Public Resources Code Section 21065 and CEQA Guidelines Sections 15060(c)(2), 15060(c)(3), 15061(b)(3), and/or 15378 because there is no potential that the activity will result in a reasonably foreseeable indirect or direct physical change in the environment. In the alternative, Business and Professions Code Section 26055(h) provides that CEQA does not apply to the adoption of an ordinance, rule, or regulation that requires discretionary review and approval of permits, licenses, or other authorizations to engage in commercial cannabis activity, as long as each subsequent discretionary approval involves applicable CEQA review. Additionally, the project is categorically exempt pursuant to following CEQA Guidelines: a) Section 15301 (“Existing Facilities”); b) Section 15302 (“Replacement or Reconstruction”); c) 15303 (“New Construction or Conversion of Small Structures”); d) Section 15304 (“Minor Alterations to Land”); and/or e) Section 15305 (“Minor Alterations in Land Use Limitations”). These categorical exemptions apply because the project consists of tenant improvements to an existing building, with de minimis façade and landscaping improvements.

Furthermore, pursuant to Section 15300.2(c), there are no exceptions to the categorical exemptions, because the project: 1) is not located in a sensitive environment; 2) will not cause a cumulative impact due to successive projects of the same type in the same area; 3) will not have a significant effect on the environment due to a cumulative impact of other projects or unusual circumstances; 4) will not result in damage to scenic resources; 5) is not located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code; and, 6) will not cause a substantial adverse change in the significance of a historical resource. Therefore, approval of the Project and adoption of an ordinance for a Development Agreement do not warrant further environmental review.

Section 5. Development Agreement.
a. The Development Agreement is consistent with the general plan and any applicable specific plan.

The cannabis retail storefront business is consistent with General Plan policies E-2.1.1, E-

2.1.7, E-3.1.4, E-4.1.1, E4.1.4, LU-2.1.1, LU 3.1.1, LU-3.1.2, and LU-6.1.2. The Project will foster entrepreneurship and innovation by providing the first cannabis retail storefront in Concord; increasing the variety for retail goods; and providing employment generating businesses that place an emphasis on hiring Concord residents. The Project is located within the Downtown Concord Specific Plan Area and is subject to the Downtown Specific Plan. The Project is consistent with Specific Plan policies that enhance Downtown Concord’s authentic character and promote high-quality infill development. The Applicant’s tenant space is shown within the Park & Shop Phase I district. The Specific Plan indicates that given the site’s proximity to the freeway and to Todos Santos Plaza, the shopping center is considered underutilized. Establishing a new cannabis storefront retail use would be beneficial to the shopping center as a whole and could help attract additional customers both locally and regionally, as well as be a draw for more unique uses in the center.
b. The Development Agreement is in conformity with public convenience, general welfare, and good land use practices.

The cannabis storefront retail use will be in conformity with public convenience, general welfare, and good land use practices. Approval of the Development Agreement will include requirements for community benefits, including financial contributions to the City to further community programs. The cannabis storefront retail use is permitted in the DMX (Downtown Mixed-Use) zoning district subject to an Administrative Permit and competitive selection process. The proposed use will be occupying a tenant space within an existing building, which is in conformance with the regulations and standards for the zoning district. No known sensitive uses as defined in CMC Chapter 5.80 are located within 250 feet of the subject property.
c. The Development Agreement will not be detrimental to the health, safety, and general welfare of persons residing in the immediate area nor be detrimental or injurious to property or persons in the general neighborhood or to the general welfare of the residents of the city as a whole.

Approval of the Development Agreement will not be detrimental to the health, safety, and general welfare of residents of the city. The Development Agreement, Conditional City Cannabis License, and Administrative Permit contain conditions of approval, including a safety and security plan, which will ensure the use will not impact surrounding businesses and properties. The Development Agreement contains commitments from Coastal Concord Retail LLC codified through adoption of the agreement by the City Council to provide community benefits with the purpose of youth drug use prevention and education efforts, drug treatment and mental health programs, including programs providing supervised diversion from the criminal justice system to avoid recidivism, workforce development, small business assistance, providing amenities for public use and enjoyment, including streetscape and sidewalk improvements and public art installations, event programming and other activation of public space, and improving quality of life and providing economic opportunities.

d. The Development Agreement will not adversely affect the orderly development of property or the preservation of property values.

The proposed business will be occupying an already existing tenant space. The Applicant will be making minor changes to the exterior of the building, including the installation of a new entry door, but no changes that would adversely affect the orderly development of property. The Applicant will also be making exterior improvements to the building and site, including refreshing exterior paint and fixing dilapidated landscaping. These improvements will help preserve property values for the shopping center. e. The Development Agreement is consistent with California Government Code sections 65864 through 65869.5. Approval of the Development Agreement between the City and Coastal Retail Concord, LLC is in conformance with the provisions and intent of Government Code Sections 65864 through 65869.5 for the following reasons:

1. Assurances have been provided to the Developer due to vesting certain regulations.

2. The Developer has a legal or equitable interest in real property and the City will recover from the direct costs associated with the consideration of the Development Agreement.

3. The Development Agreement contains a provision requiring an annual review for compliance with the terms of the Agreement, including provisions allowing for the modification or termination of the Agreement if it is found the Developer has not complied in good faith with the terms and conditions of the Agreement.

4. The Development Agreement specifies the duration, the permitted uses of the property, and the required land use approvals.

5. The Agreement is enforceable by any party thereto.

Section 6. The City Council does hereby pass and adopt this Ordinance No. 22-1 and approves and authorizes the City Manager to execute the Development Agreement in form attached hereto as Exhibit 1, and (as more specifically set forth in the Development Agreement) further authorizes the

City Manager or designee the authority to determine, review, and approve any “Minor Amendment” as set forth in the Development Agreement and subject to approval of the City Attorney. Upon execution of the Development Agreement by all parties, the City Clerk is hereby directed to record the Development Agreement with the Contra Costa County Recorder’s Office.

Section 7. This Ordinance No. 22-1 shall become effective thirty (30) days following its passage and adoption. In the event a summary of said Ordinance is published in lieu of the entire Ordinance, a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five (5) days prior to its adoption and within fifteen (15) days after its adoption, including the vote of the Councilmembers. Additionally, a summary prepared by the City Attorney’s Office shall be published once at least five (5) days prior to the date of adoption of this Ordinance and once within fifteen (15) days after its passage and adoption, including the vote of the Councilmembers, in the East Bay Times, a newspaper of general circulation in the City of Concord.

Dominic Aliano
Mayor
ATTEST:

Joelle Fockler, MMC
City Clerk
(Seal)
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Ordinance No. 22-1 was duly and regularly introduced at a regular meeting of the City Council of the City of Concord held on January 25, 2022, and was thereafter duly and regularly passed and adopted at a regular meeting of the City Council of the City of Concord on February 22, 2022, by the following vote:

AYES: Councilmembers -
NOES: Councilmembers -
ABSTAIN: Councilmembers -
ABSENT: Councilmembers -
I HEREBY CERTIFY that the foregoing is a true and correct copy of an ordinance duly and regularly introduced, passed, and adopted by the City Council of the City of Concord, California.

Joelle Fockler, MMC
City Clerk
Exhibit A: Development Agreement

Exhibit A

Staff Report
Date: February 22, 2022
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kevin Marstall, PE, Director of Community Development Prepared by: Bruce Davis, PE, Interim City Engineer
[email protected]
(925) 671-3470
Subject: Considering adoption of a Resolution accepting the Public Improvements for Tract 9508, Myrtle Creek Estates
Subdivision, Assessor’s Parcel No. 117-050-008, located on Myrtle Drive at Ayers Road, and releasing the obligation of the bonds posted with the Subdivision Agreement.

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

Report in Brief
On September 8, 2020, the City Council adopted a resolution approving the Final Map and Subdivision Agreement for Tract 9508, Myrtle Creek Estates Subdivision, a 3.8 acre, 7-lot residential subdivision (Assessor’s Parcel Number 117-050-008), located at 5019 Myrtle Drive. All subdivision improvements, including public improvements required by the subdivision agreement, have been constructed and the developer has provided the required warranty bond.

Recommended Action
Adopt a Resolution accepting the public improvements constructed for Tract 9508, Myrtle Creek Estates Subdivision, Assessor’s Parcel Number 117-050-008, located at 5019 Myrtle Drive, and releasing the obligation of the bonds posted with the Subdivision Agreement.

3.c3.c3.c

City Council Agenda Report
Agenda Item No. 3.c
February 22, 2022
Background
On September 8, 2020, the City Council approved the Final Map and Subdivision Agreement for Tract 9508, Myrtle Creek Estates Subdivision, a 3.8 acre, 7-lot residential subdivision (Assessor’s Parcel Number 117-050-008), located on Myrtle Drive, at the intersection with Ayers Road. Prior to Final Map recordation, a Subdivision Agreement was executed and bonds were provided by the developer to secure the required improvements. Improvements covered by the bond were public frontage improvements including sidewalk and roadway improvements, storm drainage and sanitary sewer facilities, as well as private stormwater treatment facilities.

Analysis
Construction of all required improvements for Tract 9508 has been completed. Staff inspected the improvements and confirmed that they are in compliance with the approved plans, adopted conditions of approval, the City’s Standard Plans and Specifications, and the Municipal Code. The developer has posted the required warranty bond in the amount of 15% of the cost of improvements to cover a one-year warranty period in which defects must be corrected by the developer.

Financial Impact
The Public Works Department will maintain the public improvements on the fronting public street, Myrtle Drive. The public storm drain system maintenance is funded by the City’s storm water parcel fee. Maintenance of the public streets is primarily funded with Gas Tax (revenue from State gas tax). Maintenance of the sanitary sewer system is funded by the City’s Annual Sewer Levy charged to each parcel at rate annually approved by the City Council. Maintenance of the private street and private storm drain and sanitary sewer facilities within the development are the responsibility of the Homeowner’s Association of Subdivision 9508.

Environmental Determination
Pursuant to the California Environmental Quality Act (CEQA) of 1970 (as amended), CEQA Guidelines Sections 15060(c), 15061(b)(3), 15273, 15378, and Public Resources Code Section 21065, this action does not constitute a project because the release of bonds and acceptance of completed improvements will not result in a direct or reasonably foreseeable indirect physical change in the environment.

Public Contact
The City Council Agenda was posted.

Attachments

1. Vicinity Map

2. Resolution

SITE

VICINITY MAP
NORTH
Not to Scale
5019 Myrtle Drive APN 117-050-008

Attachment 2

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Accepting the Public Improvements for
Tract 9508, Myrtle Creek Estates Subdivision,
Assessor’s Parcel No. 117-050-008, located on Myrtle
Drive at Ayers Road, and releasing the obligation of
the bonds posted with the Subdivision Agreement Resolution No. 22-XX _____ _________/
WHEREAS, on September 8, 2020, the City Council approved the Final Map for Tract 9508, Myrtle Creek Estates Subdivision; and
WHEREAS, Council accepted the dedication of right-of-way offered to the City and the public utility and access easements offered to the public, subject to construction of public improvements; and
WHEREAS, construction of the public and private improvements, including public and private drainage facilities, public and private sanitary sewer facilities, street improvements and other public and private improvements required for the development are completed and have been recommended for acceptance by the City Engineer.

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

Section 1. Pursuant to the California Environmental Quality Act (CEQA) of 1970 (as amended), CEQA Guidelines Sections 15060(c), 15061(b)(3), 15273, 15378, and Public Resources Code Section 21065, this action does not constitute a project because the release of bonds and acceptance of completed improvements will not result in a direct or reasonably foreseeable indirect physical change in the environment. No unusual circumstances are present. This determination reflects the City’s independent judgment and analysis.

Section 2. Accepts the public improvements constructed for Tract 9508, Myrtle Creek Estates Subdivision, including sanitary sewer and storm drain facilities within the public roadway, public street improvements and other public improvements required for the development.

Section 3. Releases obligation of the bonds posted with the subdivision improvement agreement between the City and Myrtle Creek Estates, LLC, a California limited liability company, as

Resolution 22-XX 2
Subdivider dated November 6, 2020 and recorded in the official records of the Contra Costa County Recorder as Instrument Number DOC-2020-0281494.

Section 4. Accepts the required warranty bond.

Section 5. The City Clerk shall cause a certified copy of this resolution, attested to under her seal, to be recorded in the office of the Contra Costa County Recorder.

Section 6. This resolution shall become effective immediately upon its passage and adoption.

PASSED AND ADOPTED by the City Council of the City of Concord on February 22, 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 February 22, 2022.

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

Susanne Meyer Brown
City Attorney

Staff Report
Date: February 22, 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 the Rubrik Disaster Recovery and Backup System from ePlus Inc. in an amount not to exceed $457,557.89, 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’s Information Technology Department maintains a computer backup and disaster recovery system to minimize the risk of data loss from system corruption, user error, cybersecurity incidents and catastrophic failures. The current disaster recovery system, with mechanical components over 10 years old, is scheduled for replacement. The City of Concord maintains a Software and Hardware Replacement Fund to replace end-of-life equipment and ensure critical city systems remain reliable, secure, and in line with industry best practices.

In 2021 a citywide network and security assessment was conducted with a focus on hardening our infrastructure and improving our Cybersecurity posture. A primary component of this assessment was improving our disaster recovery methodologies.

After evaluating several approaches, it was determined that a consolidated system of data storage protection, recovery and cloud availability was the optimal solution for the City of Concord. The Rubrik Disaster Recovery System was the only system that met all technical requirements and could replace all City Backup Systems while providing immutable backups, instant recovery, and next generation storage locking.

3.d3.d

City Council Agenda Report
Agenda Item No. 3.d
February 22, 2022
The Rubrik Disaster Recovery solution is an industry standard and offered through a State of California contract. By leveraging the National Association of State Procurement Officers (NASPO) Value Point Cooperative contracts, the City can obtain superior pricing through economies of scale. Rubrik Disaster Recovery Systems are part of the NASPO Value Point Master Price Agreement Contract No. AR2472, of which the State of California participates through California Participating Addendum No. 7-17- 70-40-05. The City can use the NASPO Value Point Cooperative to purchase the disaster recovery system at lower prices than those the City would obtain through its own competitive bidding.

The total cost to replace the entire suite of City disaster recovery system products with the Rubrik Disaster Recovery and Backup System is $397,876.42. After adding in a 15% contingency, the total not to exceed amount requested is $457,557.89. 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 the Rubrik Disaster Recovery and Backup System from ePlus Inc. in an amount not to exceed $457,557.89, 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 utilizes a computer backup and disaster recovery system to minimize the risk of data loss from system corruption, user error, cybersecurity incidents and catastrophic failures. This system contains a combination of storage appliances, physical tapes and various data recovery software products to provide this protection. Many components, to include the mechanical tape system, are now over 10 years old and the entire system is scheduled for replacement.

In 2021 a citywide network and security assessment was conducted with a focus on hardening our infrastructure and improving our Cybersecurity posture. A primary component of this assessment was improving our disaster recovery methodologies. IT Staff evaluated the gap in services provided by our current suite of disaster recovery and backup system products, and developed a list of technical requirements and goals.

One primary goal was to consolidate the disaster recovery system and minimize the many varied applications, hardware, and integrations required to operate. This along with other objectives such as ensuring secure backups, increasing recovery speeds, Ransomware prevention, and cloud availability created the framework to determine the new solution.

Staff performed research seeking current industry solutions that meet these defined objectives. The team utilized analysis from Gartner, technical documentation, product

City Council Agenda Report
Agenda Item No. 3.d
February 22, 2022
demonstrations and interviewing technical staff from other municipalities for the assessment. After evaluating several approaches, it was determined that the Rubrik Disaster Recovery System was the only system that met all technical requirements and could replace all City Backup Systems while providing immutable backups, instant recovery, and next generation storage locking.

The Rubrik Disaster Recovery System replaces the mechanical tape system, the front end backup software, the destination storage appliances and many other applications that comprise the City’s current disaster recovery system. It also offers immutable backups, which eliminates the risk of malicious encryption on the backup storage or unintended deletions. It utilizes a secure core operating system that isn’t accessible outside of Rubrik, and offsite storage is no longer needed with Rubrik’s cloud connection services. The cost for the complete Rubrik Disaster Recovery and Backup System is $457,557.89, including a 15% contingency, and can be found in Attachment

1. All funding has been previously approved in CIP 2218, Citywide Hardware and Software Replacement.

This action will authorize the purchase of the Rubrik Disaster Recovery and Backup System from ePlus Inc. in an amount not to exceed $457,557.89, including a 15% contingency, using the NASPO Value Point Cooperative Purchase Agreement Contract No. AR2472. 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.

Analysis
While there are other separate backup software and storage hardware vendors and solutions, Rubrik is the leader in the industry and its consolidated disaster recovery appliance approach has been determined to be the best fit to meet the security and operational requirements of the City of Concord. In addition, Rubrik allows for single system standardization, eliminates integrations, and greatly simplifies management and maintenance of the disaster recovery process. To select an alternative 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

City Council Agenda Report
Agenda Item No. 3.d
February 22, 2022
example of the waiver of bidding regulations, as stated in the Municipal Code section

3.10.080.

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. ePlus, Inc. Rubrik Disaster Recovery System

Customer Name: CITY OF CONCORD
Quote No: 22745264
Quote Name: Rubrik - 36 Months
Quotation Date: 12/17/2021
Sales Support Contact: SABRINA JORDAN
Sales Support Phone: 949-930-7366
Sales Support Email: SABRINA.JORDAN@EPLUS
.COM
Account Executive: Brittani Neff
Account Executive Phone: 916-897-4667
Account Executive Email: [email protected]
Customer PO No:

Order No:

Expiration Date: 01/16/2022
External Notes:

Carahsoft NVP Cloud Solutions Master Agreement:

AR2472
State of California Participating Addendum: 7-17-70-40- 05 Totals 397,876.42
Sub Total (USD): 397,876.42
Est. Tax (USD): TBD if Applicable
Shp&Hnd (USD): TBD
Total (USD): 397,876.42
All orders are governed by your organization's signed agreement with ePlus or applicable public sector contract; if there is no such agreement the Customer Terms and Conditions for Products and/or Services located at www.ePlus.com govern. No additional or contrary terms in a purchase order shall apply, and ePlus' performance shall not be deemed acceptance of any preprinted PO terms. Use of software, subscription services or other products resold by ePlus is subject to manufacturer/publisher end user agreements or subscription terms. Any periodic payment obligations for specific offerings, along with customer-incurred overages, consumption fees, add-ons, quantity adjustments and automatic renewals are non-cancelable for any reason except by public sector customers required by law to terminate due to non-appropriation of funds. 001 RBK-R6416S- HW-01 RUBRIK R6416 APPLIANCE, 4-NODE, 192TB RAW HDD, 1.6TB SSD, SFP+ NIC
Line Note:
$30,436.11
4 28,866.15 115,464.60
002 RBK-GO- FNDN-R6416 RUBRIK 36 MONTHS OF RUBRIK GO FOUNDATION EDITION FOR R6416, INCL. RCDM, POLARIS GPS, CLOUDOUT, 400

INSTANCES/VMS OF CLOUD N
Line Note:
92,036.52
4 58,036.61 232,146.44
003 RBK-SVC- PREM-HW RUBRIK PREMIUM SUPPORT FOR HARDWARE, PREPAY - 36 MONTHS
Line Note:
19,550.91
4 11,254.33 45,017.32
004 RBK-PS- CNSLT-RMOT RUBRIK RUBRIK PROFESSIONAL SERVICES, REMOTE CONSULTING SERVICES PER DAY, MUST BE USED WITHIN 6 MONTHS OF

PURCHASE, PREPAY
2 2,624.03 5,248.06
Line No. Part Number MFG Description/Line Notes QTY Unit Price Ext. Price

PLEASE NOTE: Recent supply chain disruption and tariffs on certain imports are causing price increases for many IT products, with little or no notice, and beyond ePlus' control. As a result, this quote is subject to change without notice, even before the expiration date reflected above. Related manufacturer policy changes may result in orders being non-cancelable and products non-returnable except in accordance with the manufacturer warranty. Please confirm pricing and other restrictions prior to order placement. Unless freight amount is indicated, or is zero, freight will be added to the invoice. Unless Bill-To company is exempt from Sales Tax, it will be added to the invoice. Recognizing that the global pandemic has disrupted operations for many organizations, ePlus will ship products for delivery in accordance with customer's written ship-to instructions and products will be deemed delivered notwithstanding any failure of customer personnel to sign for receipt due to facility closing or otherwise. ePlus offers flexible and easy leasing options for your IT equipment. Use leasing to increase your IT acquisition capability, overcome limited budgets, and manage the lifecycle of your assets. Contact an ePlus Leasing Coordinator at 1-703-984-8021 or [email protected] to receive a lease quote today.

Customer Acceptance Bill To Ship To
Signature: ____________________________________
Name: _______________________________________
Title: _________________________________________
Date: ________________________________________
Customer PO #: _______________________________

CITY OF CONCORD
1950 PARKSIDE DRIVE
MAIL STOP 05
CONCORD CA 94519

UNITED STATES

ACCOUNTS PAYABLE

CITY OF CONCORD
1950 PARKSIDE DRIVE
Mail Stop 05
CONCORD CA 94519

UNITED STATES

Staff Report
Date: February 22, 2022
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kevin Marstall, PE, Director of Community Development Bruce Davis, PE, Interim City Engineer
Bernard Enrile, PE, CIP Manager
Prepared by: Ali Hatefi, PE, Associate Civil Engineer
[email protected]
(925) 671-3284
Subject: Considering approval of a License Agreement with Devaney Engineering, Inc. to allow temporary materials/equipment storage within the City of Concord's property located at the Concord Pavilion for a fee of $1,687 per month for March 2022; authorizing the City Manager to renew or extend the license term; and authorizing the City Manager to sign the agreement in a form acceptable to the City Attorney.

CEQA: Exempt per CEQA Guidelines Sections 15301, 15302, 15303, 15304, and/or 15305.

Report in Brief
The City of Concord owns the Concord Pavilion site, which is located at 2000 Kirker Pass Road, and is operated by Live Nation. Devaney Engineering, Inc. (Devaney), a construction company contracted with the City, wishes to enter into a License Agreement with the City to temporarily store construction equipment/materials at a section of a gravel lot in the Concord Pavilion for one month in March 2022.

City staff supports the temporary licensing of the Concord Pavilion because it will provide a staging area for Devaney to temporarily store equipment and material safely and without impacts to public right-of-way during the construction of the Kirker Pass Road Sanitary Sewer Repair Project (Project No. 2536). In addition, City staff negotiated a favorable licensing fee while also developing license conditions which

3.e3.e

City Council Agenda Report
Agenda Item No. 3.e
February 22, 2022
ensure the City’s and Live Nation’s best interest of the temporary storage of equipment and materials not interfering with any events to be held at Concord Pavilion, along with compliance to applicable policies and regulations. City Staff and Live Nation agree with the location, as shown in Attachment 1. The proposed licensing agreement also ensures that the location to be used by Devaney will be restored to pre-licensing conditions.

Recommended Action
Approve a License Agreement with Devaney Engineering, Inc. to allow temporary materials/equipment storage within the City of Concord's property located at Concord Pavilion for a fee of $1,687 per month for the month of March 2022; authorizing the City Manager to renew or extend the license term; and authorizing the City Manager to sign the agreement in a form acceptable to the City Attorney.

Background
On October 12, 2021, City Council awarded a construction contract to Devaney Engineering, Inc. (Devaney) for the construction of the Kirker Pass Road Sanitary Sewer Repair Project (Project No. 2536).

Devaney reached out to City staff for assistance in locating a staging area to temporarily store equipment and materials near the location of Project No. 2536. While Project No. 2536 construction contract between the City of Concord and Devaney does not include the City providing a staging area, the recommended License Agreement will allow for Devaney to use a City owned off-site location under an agreement separate from the construction contract.

Analysis
As previously mentioned, Devaney Engineering, Inc. (Devaney) is seeking a temporary staging area to store construction equipment and materials. The only desirable location close enough to the Kirker Pass Sanitary Sewer Repair Project (Project No. 2536) is the Concord Pavilion. Devaney reached out to City Staff requesting permission to use a portion of the gravel lot to store construction equipment and materials. City Staff and Live Nation reviewed the request, and are comfortable supporting it.

The proposed staging area will be fenced off and will not interfere with current Concord Pavilion operations, nor will it impact the traveling public in Kirker Pass Road. The License Agreement includes language disallowing the staging area use during concerts and other events to be held at Concord Pavilion. Additionally, the $1,687 monthly license fee is competitively priced when compared to similar rentals of vacant lots used for these purposes. The License Agreement also includes applicable policies and regulations, including a restriction on the use to only allow storage of equipment/materials for Project No. 2536, and a requirement to restore the condition of the area once the use ceases.

City Council Agenda Report
Agenda Item No. 3.e
February 22, 2022
The anticipated term of the license agreement is one month, but the agreement and the recommended City Council action would authorize the City Manager to extend the term, should she determine (in her sole discretion) a renewal or extension to be necessary or desirable.

Financial Impact
The License Agreement would provide $1,687 per month to the City. This payment would be placed in the City’s General Fund.

Environmental Determination
The license agreement is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15301 – Existing Facilities, 15302 -- Replacement or Reconstruction, 15303 – New Construction or Small Structures, 15304 – Minor Alterations to Land, and/or 15305 – Minor Alterations in Land Use Limitations.

Public Contact
The City Council Agenda was posted.

Attachment

1. License Agreement between the City of Concord and Devaney Engineering, Inc.

1 LICENSE AGREEMENT
This License Agreement (“Agreement”) is entered into on February 22, 2022 (“Effective Date”) between the City of Concord, a California municipal corporation (“City” or “Licensor”), Live Nation Worldwide, Inc., a Delaware corporation (“Live Nation”), and Devaney Engineering. Inc., located at 1641 Lombard Street, San Francisco, CA 94123 (“Licensee”).

Recitals
A. City owns certain real property commonly known as the Concord Pavilion, located at 2000 Kirker Pass Road, Concord, California, Assessor’s Parcel Numbers 118-040-039, 118-040- 041 and 118-280-001 (“Property”).

B. The Concord Pavilion is concert venue and facility, in which the City offers a broad array of cultural, educational, entertainment and other activities to promote and serve the public interest, provide broad social and economic benefits to the City and to meet the demands of the local population.

C. On December 10, 2013, City and Live Nation entered into a Management Agreement in which Live Nation agreed to operate the Concord Pavilion for a 10-year period.

D. On October 12, 2021, the City Council awarded a construction contract to Licensee for construction of the Kirker Pass Road Sanitary Sewer Repair Project – Project No. 2536 (“Project”).

E. In connection to its work on the Project, Licensee would like to obtain a temporary, non- exclusive, and limited right, privilege, and permission to use a portion of the Property as shown on Exhibit A (“License Area”) in order to perform certain Work (defined in Section 4 below).

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

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

1. License
A. License Area. The real property that is the subject of this License Agreement to be used to perform certain Work (as defined below) are certain parking areas located on a portion of the Property consisting of approximately one hundred twenty-one (121) acres shaded in blue on Exhibit A attached hereto and by this reference made a part hereof (“License Area”).

B. Grant of License. During the term of this Agreement, City hereby grants to Licensee a temporary, non-exclusive, and limited right, privilege, and permission to use the License Area (including reasonable access to the License Area) for the purpose of performing the Work, and for no other purpose, subject to all leases, subleases, easements, restrictions and reservations now or subsequently pertaining to the License Area, the Property, or any portion thereof. Such grant shall expire and become null and void upon termination of this License Agreement for any reason, including but not limited to the expiration or early termination of any management agreement pursuant to which Live Nation enjoys the right to occupy and use the Property.

C. City and Live Nation Access. Licensee agrees that the City and/or Live Nation Attachment 1

2 or either of their appointed representatives shall have access to the License Area at all times.

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

D. Condition of Property.

1. “As-is.” Licensee represents and warrants that Licensee has inspected and examined the License Area and accepts the License Area in its present “as is,” “where is,” and “with all faults” condition, including all matters of record, all matters that a reasonable inspection of the License Area would reveal, all matters that a licensed surveyor would disclose on an ALTA land title survey, and all matters pertaining to applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of the License Area for any purpose whatsoever. Licensee acknowledges and agrees that neither City, Live Nation, nor anyone acting for or on behalf of City or Live Nation, has made any representations, warranties, or promises to Licensee, or to anyone acting for or on behalf of Licensee, concerning the condition of the License Area, the Property, any portion thereof, or any other aspect thereof including any structures or improvements located thereon, the availability of utilities, or the absence or presence of hazardous materials.

2. Licensee’s Use of Premises and Restoration. Licensee shall exercise reasonable care in the conduct of its activities in the License Area and all other areas (if any) within the Property that Licensee impacts in connection with this Agreement, and/or any of Licensee's activities. Licensee shall keep the License Area in a clean, orderly and sanitary condition to the satisfaction of the City or Live Nation, or their respective designee. Licensee agrees to take proper care to maintain and preserve the property of City and Live Nation, and shall not allow the License Area to be used for an unlawful or unpermitted use, nor shall Licensee cause, maintain or permit any nuisance in on or about the License Area. Upon expiration or other termination of this Agreement, Licensee shall remove all of its equipment and other installations from and shall repair and restore the License Area, the Property, and all portions thereof, and shall peaceably surrender such areas to the City and Live Nation clean and in the same condition as when received, reasonable wear and tear excepted. The City, Live Nation, or their respective designee and Licensee will do a walk-through inspection of the License Area and any other impacted portions of the Property to document the condition thereof and Licensee’s compliance with such restoration obligations.

E. Risk of Loss. City and Live Nation assume no responsibility for loss or damage to the property of the Licensee. In the event that the use by Licensee of the License Area causes the City or Live Nation to be subject to a claim of lost revenue from a third party, Licensee shall reimburse the City or Live Nation, as applicable, for all costs associated with the claimed lost

3 revenue.

F. Advertising. Licensee shall not at any time display any advertising sign without City’s and Live Nation’s prior written approval, which City or Live Nation may withhold in their sole discretion.

2. Term. The initial term of this License Agreement shall commence on the Effective Date, and shall expire on April 1, 2022, unless renewed or extended by the mutual agreement of all parties.

The City Manager is authorized to execute such renewal or extension of the License Agreement on behalf of the City, should she determine (in her sole discretion) a renewal or extension to be necessary or desirable. Licensee shall not utilize the License Area during the dates listed on Exhibit B, other dates may exist.

3. License Fee. A “License Fee” of $1,687 per month is required. Licensee shall remit the any reimbursement to the City of Concord Finance Department, 1950 Parkside Drive MS/06, Concord, CA 94519 or at such other address as Landlord may from time to time designate in writing to Tenant for the payment of any reimbursement. Licensee further agrees to pay when due any taxes of any kind and every nature, including but not limited to possessory interest tax that may be imposed upon the License Area or Licensee’s use thereof.

1. Utilities. Licensee shall reimburse City and Live Nation for any all utility costs associated with Licensee’s usage of the Property, including but not limited to the License Area, including but not limited to, water, natural gas, electricity and sanitation costs.

2. Other Costs. Licensee shall reimburse City and Live Nation, or pay directly to whomever is owed, for all other costs reasonably incurred by City or Live Nation, or by any third party on behalf of Licensee, in connection with Licensee's use of the License Area in accordance with this License Agreement.

4. Work. “Work” means preparation and use of the License Area as storage and staging of vehicles, equipment and materials associated with the for the construction work related to the Project, including but not limited to the temporary storage of vehicles, equipment and materials associated with the application of asphalt pothole/base repairs and slurry seal during resurfacing operations. Absent an amendment or modification of this Agreement, no activities other than those described herein and below are allowed. a. Conditions of License. Licensee agrees to comply with the following conditions:
i. All Work shall be conducted in a good and workman like manner, in accordance with all applicable Laws (defined in Section 7 below), and best industry practices, including but not limited to the following: Licensee shall ensure that no dust or any stored or hauled materials to blow into or spill into adjacent public or private properties and shall also cover any loads leaving the Property to be covered; Licensee shall provide temporary construction driveways to prevent the tracking of soil, dust, mud or construction debris on public streets; Licensee shall promptly clean any mud, debris or loose materials left on adjacent private property or public streets and conduct sweeps streets daily if requested by City. ii. Licensee shall engage in best management practices at all times to comply with the City’s storm water management and discharge ordinance and regulations.

4 iii. No other alterations (including temporary or permanent structures, changes and/or additions) shall be made and no other work or activities shall be allowed without City’s and Live Nation’s prior written consent, which City or Live Nation may condition or withhold in their sole discretion.
iv. No refueling of vehicles or equipment shall take place on the Property if located within 100 feet of any drainage facilities.
v. Licensee shall provide City and Live Nation with at least 48 hours prior written notice before conducting any Work.
vi. All Work and all other activities pursuant to this Agreement shall be at the sole cost and expense of Licensee and shall require obtaining appropriate permits (grading permit, encroachment permit) through the City. vii. Licensee shall pay for the erection and maintenance of an opaque or screened construction fence around the Property.
viii. Licensee shall maintain a copy of this License Agreement on the Property at all times during the duration of the License Agreement.

5. Indemnification. The following obligations are in addition to those imposed by applicable provisions of the Concord Municipal Code. Licensee agrees to and shall defend (with independent counsel approved by the City), indemnify and hold harmless the City and Live Nation, their officers, officials, employees, agents, representatives and volunteers (each, a “City Party”) from and against any and all claims, demands, actions, losses, damages, injuries, and liability, including but not limited to all attorney’s fees, expert fees, consultant fees, and other litigation costs and expenses (“Claims”) arising out of or connected in any way with: (a) the Work; (b) Licensee’s or any Licensee Party’s activities on or about, operation of, access to and/or from, and/or use of, the License Area, the Property, or any portion thereof; (c) this Agreement; (d) Licensee’s or any Licensee Party’s performance, non-performance, breach, or default under this Agreement (individually and collectively, “Activities”), or (e) Licensee’s or its representatives’ violation of any applicable federal, state, or local laws, statutes, regulations, or ordinances, except to the extent caused by City’s or Live Nation’s sole or active negligence or willful misconduct.

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

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

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

C. Professional Liability Coverage (Errors and Omissions). Licensee shall maintain professional liability insurance with coverage for all negligent errors, acts or omissions committed by Licensee, its agents and employees in the performance of this Agreement. The

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

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 Licensee and operations of Licensee, premises owned, occupied, or used by Licensee. The coverage shall contain no special limitations on the scope or protection afforded to City, its officers, officials, employees, or volunteers. Except for worker’s compensation and professional liability insurance, the policies mentioned in this subsection shall name City as an additional insured and provide for notice of cancellation to City. Licensee shall also provide timely and prompt notice to City if Licensee receives any notice of cancellation or nonrenewal from its insurer.
(2) Primary Coverage. Licensee’s insurance coverage shall be primary insurance with respect to City, its officers, officials, employees, and volunteers. Any insurance, risk pooling arrangement, or self-insurance maintained by City, its officers, officials, employees, or volunteers shall be in excess of Licensee’s insurance and shall not contribute with it. (3) Reporting Provisions. Any failure to comply with the reporting provisions of the policy shall not affect the coverage provided to the City, its officers, officials, employees, or volunteers.
(4) Verification of Coverage. Licensee shall furnish City with certificates of insurance and the original endorsements effecting coverage required by this Agreement. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The aforementioned policies shall be issued by an insurance carrier having a rating of Best A-7 or better which is satisfactory to the City Attorney and shall be delivered to City at the time of the execution of this Agreement or before work commences. Such policies and certificates shall be in a form approved by the City Attorney.

City reserves the right to require complete certified copies of all required insurance policies at any time.

7. Compliance with Laws. Licensee shall at all times comply with, and shall pay all costs and expenses which may be incurred or required to be paid in order to comply with, any and all laws, statutes, ordinances, rules, regulations, permitting requirements, labor codes, prevailing wage requirements, hazardous materials laws, the Americans with Disabilities Act of 1990, 42 U.S.C. §12101 et seq., covenants and restrictions of record, life and fire safety and similar requirements, including those of the State of California, the County of Contra Costa, the City of Concord, or other applicable authority, all as amended from time to time (“Laws”) which apply to any Licensee Activities, including those requiring payment of any fees, charges or

6 assessments arising out of or in any way related to any Activities or any portion thereof as a source of adverse environmental impacts or effects. Licensee shall not permit or suffer any mechanic’s lien to be filed against the License Area, the Property, any portion thereof, or any interest therein, and shall immediately discharge any such lien, including by either payment or by recording a lien release bond in the manner specified in California Civil Code Section 8424 or any successor statute. Licensee agrees to and shall protect, defend (with independent counsel approved by the City and Live Nation), indemnify and hold harmless the City and Live Nation from and against any and all Claims arising out of or connected in any way with any such lien, except to the extent caused by City’s sole or active negligence or willful misconduct.

8. Environmental Matters.

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

B. Generator. Neither City nor Live Nation shall not be identified on any documents or otherwise as the generator of any materials or wastes on any manifests or similar documents regarding any Hazardous Materials, or any other materials or wastes resulting from the Work.

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

D. Indemnification. Except to the extent caused by City’s or Live Nation’s sole or active negligence or willful misconduct, Licensee agrees to and shall defend (with independent counsel approved by the City), indemnify and hold harmless the City and each City Party, and Live Nation and each Live Nation Party from and against any and all Claims (including investigation, removal, remediation, cleanup and monitoring costs), asserted against or incurred at any time and from time-to-time by reason of or arising out or connected in any way with (a) the presence or release of any Hazardous Materials in, on, under or about the License Area, the Property, or any portion thereof; (b) any Activities; (c) the use, generation, storage, treatment,

7 handling, transportation, disposal or release of any Hazardous Materials by or for Licensee or any Licensee Party; or (d) the violation of any Hazardous Materials law by Licensee or any Licensee Party. Such indemnity obligation shall include any Claims for tangible or intangible property damage; compensation for lost wages, business income, profits or other economic loss; damage to the natural resource or the environment; nuisance; trespass; and/or contamination, leak, spill, release or other adverse effect on the environment.

9. 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.

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

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

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

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

13. Successors and Assigns; No Third Party Beneficiaries; No Joint Venture. Licensee binds itself and its successors and assigns to the terms and obligations of this Agreement. Licensee shall not assign or transfer any interest in this Agreement without the City’s and Live Nation’s prior written consent, which City or Live Nation may condition or withhold in its sole discretion. Any attempted assignment or transfer in breach of this provision shall be void. This Agreement is not intended and shall not be construed to create any third party benefit, or any joint venture, partnership, employment, or agency relationship between the parties.

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

To City: City of Concord
Attention: City Engineer
1950 Parkside Drive, MS/40
Concord, CA 94519-2578
Telephone: (925) 671-3470
Email: [email protected]
To Live Nation: Aaron Hawkins
General Manager / Concord Pavilion
2000 Kirker Pass Road
Concord, CA, 94521
Telephone: (925) 692-2403
Email: [email protected]
To Licensee: Devaney Engineering., Inc.

Attn: Derek Devaney, President
1641 Lombard Street
San Francisco, CA 94123
Telephone: (415) 559-0429
Email: [email protected]

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

16. Possessory Interest Taxes. Licensee understands and acknowledges that this License Agreement may create a possessory interest subject to taxation and that Licensee will be required to pay any such possessory interest taxes under Revenue and Taxation Code Section 107.6.

17. Execution; Counterparts; Amendment. Each individual or entity executing this Agreement on behalf of Licensee represents and warrants that he or she or it is duly authorized to execute and deliver this Agreement on behalf of Licensee and that such execution is binding upon Licensee. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. This Agreement may be amended or modified only by a writing duly executed by authorized representatives of both parties, and made and approved in compliance with the City of Concord Municipal Code.

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

9 withhold in its sole discretion.

19. Survival. The terms and conditions of the following Sections shall survive any termination or expiration of this Agreement: Section 4 (Work), Section 5 (Indemnification), Section 6 (Insurance), Section 7 (Compliance with Laws), Section 8 (Environmental Matters), Section 9 (Choice of Law), Section 15 (Non-Liability), and Section 18 (No Title, No Recording).

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

LICENSEE: CITY:

Devaney Engineering City OF CONCORD,
a California municipal corporation
By: By:

Derek Devaney, President Valerie J. Barone, City Manager ATTEST:

Live Nation, By:

Joelle Fockler, MMC, City Clerk
By:

Aaron Hawkins, General Manager of
Concord Pavilion
APPROVED AS TO FORM:

By:

Susanne Meyer Brown, City Attorney

Exhibit A
License Area
[City’s Parcel APN: 118-280-001,
118-040-039, and 118-040-041]
Equipment/Material
Staging Area
75 ft x 75 ft

Exhibit B
Excluded Dates
(Other dates may exist)

CONCORD PAVILION UPCOMING EVENTS
April 16, 2022 2CELLOS The Dedicated Tour
May 25, 2022 Steely Dan with Special Guest Steve Winwood June 1, 2022 Tears for Fears – The Tipping Point World Tour June 11, 2022 Chicago and Brian Wilson with Al Jardine and Blonde Chaplin June 14, 2022 5 Seconds of Summer
June 17, 2022 AJR – The OK Orchestra Tour
June 22, 2022 Santana + Earth, Wind & Fire: Miraculous Supernatural Tour June 24, 2022 Nick Cannon Presents: MTV Wild ‘N Out
August 9, 2022 Backstreet Boys: DNA World Tour
Sep 27, 2022 Iron Maiden – Legacy of the Beast World Tour 2022 December 31, 2022 Season Tickets

Staff Report
Date: February 22, 2022
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: William Tarbox, Director of Public Works
Prepared by: Craig Blythe, Administrative Services Manager [email protected]
(925) 671-3141
Subject: Considering adoption of a Resolution adopting a Notification of Intent to Comply with Senate Bill 1383 regulations,
California’s Short-Lived Climate Pollutant Reduction Law.

Report in Brief
Senate Bill 1383 regulations require all jurisdictions to implement a mandatory organics recycling program for residential accounts by January 1, 2022 or be subject to penalties.

Assembly Bill 619 provides relief for jurisdictions that may not be compliant with SB 1383 requirements by the January 1, 2022 deadline. To obtain this relief, City must adopt, by Resolution, the Notification of Intent to Comply with SB 1383 (Attachment 1) and submit to CalRecycle by March 1, 2022.

Recommended Action
Adopt a Resolution adopting a Notification of Intent to Comply with SB 1383 regulations.

Background
Senate Bill 1383 contains numerous requirements which have already begun to go into effect. The bill, which can be summed up as a requirement to divert food waste from being landfilled, is necessitating operational changes and capital improvements including where solid waste is hauled, and expansion and modification of existing facilities, not to mention new programs such as food waste recovery, education, and enforcement.

The new regulations required the City to update its Municipal Code, and an amendment to the franchise agreement with Mt. Diablo Resource Recovery (MDRR) will facilitate

3.f3.f

City Council Agenda Report
Agenda Item No. 3.f
February 22, 2022
compliance. The Municipal Code update has been completed and the franchise agreement amendment is expected to be finalized soon.

ANALYSIS
Substantial effort has been made to ensure the City of Concord is compliant with SB 1383 regulations. In November 2021, Ordinance No. 21-6 was adopted, amending Municipal Code Chapter 8.20, Solid Waste, allowing the City to require and enforce regulations mandated by SB 1383. One remaining piece needed to ensure SB 1383 compliance is allowing residents to place food scraps into their yard waste containers, which is not yet possible because the necessary permits for construction of the needed site improvements at the MDRR site are not yet approved. The necessary permits and construction is expected to be completed by January 1, 2024, at which point the City of Concord will be in compliance with the State’s requirements for residential organics service.

Adoption of a Resolution adopting a Notification of Intent to Comply with SB 1383 regulations will ensure that the City has the needed time to be in compliance with the State’s requirements for residential organics service.

Financial Impact
Not adopting the resolution may result in fines of up to $10,000 per day retroactively beginning January 1, 2022.

Public Contact
The City Council Agenda was posted.

Attachment

1. Resolution Adopting a Notification of Intent to Comply with SB 1383

Attachment 1
Res No. 22-XX 1

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Adopting a Notification of Intent to
Comply with SB 1383 Regulations Resolution No. 22-XX
/
WHEREAS, the California Department of Resources Recycling and Recovery (“CalRecycle”) adopted regulations to implement Senate Bill 1383 (Lara, Statutes of 2016) (“SB 1383 Regulations”), to achieve organic waste reduction goals established in Health and Safety Code Section 39730.6 through a 50 percent reduction in the level of the statewide disposal of organic waste from the 2014 level by 2020 and a 75 percent reduction in the level of the statewide disposal of organic waste from the 2014 level by 2025; and
WHEREAS, the City of Concord (“City”) is a local jurisdiction required to comply with the SB 1383 Regulations; and
WHEREAS, the City is or expects to be facing violations of the SB 1383 Regulations during the 2022 calendar year; and
WHEREAS, Senate Bill 619 (Laird, Statutes of 2021) amended Public Resources Code Section 42652.5, created a mechanism called a Notification of Intent to Comply through which a local jurisdiction may secure administrative civil penalty relief from any continuing violations of the SB 1383 Regulations for the 2022 calendar year and may be eligible for a broader and longer-term regulatory compliance path, including suspended administrative civil penalties, through a corrective action plan; and
WHEREAS, the City is a local jurisdiction authorized by SB 619 to submit a Notification of Intent to Comply for CalRecycle approval.

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

Section 1. The City Council hereby directs the Public Works Director, or his/her designee to submit the Notification of Intent to Comply to CalRecycle for approval.

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

Attachment 1
Res No. 22-XX 2
PASSED AND ADOPTED by the City Council of the City of Concord on February 22, 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 February 22, 2022.

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney

Staff Report
Date: February 22, 2022
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kevin Marstall, PE, Director of Community Development Bruce Davis, PE, Interim City Engineer
Bernard Enrile, PE, CIP Manager
Prepared by: Ali Hatefi, PE, Associate Civil Engineer
[email protected]
(925) 671-3284
Subject: Considering the following:

1. Award of a construction contract in the amount of
$2,729,071.90 to Interstate Grading & Paving Inc. of South San Francisco for Pavement Maintenance – Zone 3 (Project No. 2443) and authorizing staff to utilize the available project contingency for contract change orders up to 10% of the contract amount; and authorizing the Mayor to execute the contract in a form acceptable to the City Attorney;

2. Approval of a Professional Services Agreement with Quincy Engineering, Inc. in the total not-to-exceed amount of
$298,971.20 (base contract amount of $271,792.00 plus staff authorization to spend up to 10% contingency of $27,179.20) to provide construction management, inspection, and materials testing services for Pavement Maintenance – Zone 3 (Project No. 2443); and authorizing the City Manager to execute the Agreement in a form acceptable to the City Attorney;

3. Approval of a related budget transfer of $400,000 (Measure Q and SB-1 Funds) from Oak Grove Road Pavement
Rehabilitation - Phase 2 (Project No. 2423) to Pavement Maintenance – Zone 3 (Project No. 2443) (Project Funded by State Gas Tax, SB-1, and Measure Q Funds).

3.g3.g3.g3.g

City Council Agenda Report
Agenda Item No. 3.g
February 22, 2022
CEQA: Exempt per CEQA Guidelines Sections 15301, 15302, 15303, and/or 15304.

Report in Brief
Pavement Maintenance – Zone 3 (Project No. 2443) project will focus on pavement maintenance treatments in the residential area south of Treat Boulevard, proximate to Woodside Elementary School; a location map with streets to receive pavement treatment is shown on Attachment 1. Construction will compose of asphalt pothole repairs, thin pavement overlays, upgrade of curb ramps to meet American with Disability Acts (ADA) compliance standards, and restriping.

The project has been designed and was released for competitive construction bids in November 2021. Seven (7) bids were received on January 13, 2022. Interstate Grading & Paving Inc. (Interstate) of South San Francisco, CA was the lowest responsive and responsible bidder. The total bid received from Interstate was $2,729,071.90. Staff recommends award of a construction contract to Interstate, and a project contingency for contract change orders up to 10% of contract amount.

Through a separate Request for Proposal process and interview of consultants, staff recommends Quincy Engineering, Inc. (Quincy) to provide construction management, inspection, and materials testing services for a base contract in the amount of $271,792.00, plus a 10% contingency of $27,179.20.

In order to fully fund the construction of Project No. 2443, staff recommends transferring $400,000 of unspent funds from the completed Oak Grove Road Pavement Rehabilitation – Phase 2 (Project No. 2423). Project No. 2423 was accepted by City Council in December 2020.

If recommendations are approved by City Council, Project No. 2443 construction is anticipated to begin in April 2022 and be completed by October 2022.

Recommended Action

1. Award of a construction contract in the amount of $2,729,071.90 to Interstate Grading & Paving, Inc. South San Francisco for Pavement Maintenance – Zone 3 (Project No. 2443) and authorizing staff to utilize the available project contingency for contract change orders up to 10% of the contract amount; and authorizing the Mayor to execute the Contract in a form acceptable to the City Attorney;

2. Approval a Professional Services Agreement with Quincy Engineering, Inc in the total not-to-exceed amount of $298,971.20 (base contract amount of $271,792 plus staff authorization to spend up to 10% contingency of $27,179.20) to provide construction management, inspection, and materials testing services for Pavement Maintenance – Zone 3 (Project No. 2443); and authorizing the City Manager to execute the Agreement in a form acceptable to the City Attorney; and

City Council Agenda Report
Agenda Item No. 3.g
February 22, 2022

3. Approval of a related budget transfer of $400,000 (Measure Q and SB-1 Funds) from Oak Grove Road Pavement Rehabilitation - Phase 2 (Project No. 2423) to Pavement Maintenance - Zone 3 (Project No. 2443) (Project funded by State Gas Tax, SB-1, and Measure Q Funds).

Background
On April 24, 2018, City Council approved the proposed Five-Year Pavement Expenditure plan, which included Pavement Maintenance – Zone 3 (Project No. 2443) as part of the FY 2018-19 and FY 2019-20 Capital Improvement Plan paving projects.

On May 8, 2018, City Council adopted the Fiscal Year 2018-2020 Biennial Capital Budget, which included appropriations of $2,096,000 for Project No. 2443.

On September 25, 2018, City Council approved the Agreement for Professional Services with Pavement Engineering, Inc. to provide design services for Project No. 2443.

On May 29, 2019, City Council transferred $1,712,000 of construction funds from Project No. 2443 to help fund the construction of the Pothole Base Repair and Citywide Arterial/Collector Slurry Seal (Project Nos. 2453 and 2458), Oak Grove Road Pavement Rehabilitation – Phase 2 (Project No. 2423), and Denkinger Road Pavement Rehabilitation (Project No. 2459).

On June 2, 2020, City Council adopted the Fiscal Year 2020-2022 Biennial Capital Budget, which included appropriations of $2,886,000 to construct the improvements for Project No. 2443.

On September 29, 2021, staff held a virtual open house community meeting to provide a brief presentation, scope of construction of Project No. 2443, and answer questions about the project.

Analysis
Pavement Maintenance – Zone 3 (Project No. 2443) is located in the residential neighborhood south of Treat Boulevard, proximate to Woodside Elementary School.

Streets selected for pavement maintenance are adjacent to and include Graymont Circle, Barrymore Drive, McKean Drive, San Simeon Drive, and Citrus Avenue. See Attachment 1. Improvements for Project No.2443 include upgrade of curb ramps to meet American with Disability Acts (ADA) compliance standards, and lowering of utility covers to facilitate pavement maintenance construction. Project No. 2443 requires pavement construction and restriping to begin once Woodside Elementary School is out for summer break.

Interstate Grading & Paving Inc. (Interstate) of South San Francisco, California was the apparent low bidder and submitted a bid of $2,729,071.90 to construct the improvements designed for Pavement Maintenance – Zone 3 (Project No. 2443). After

City Council Agenda Report
Agenda Item No. 3.g
February 22, 2022
review of Interstate’s bid documents, staff determined that Interstate submitted a responsible and responsive construction bid.

On September 13, 2016 the City Council approved a Citywide Project Stabilization Agreement with the Contra Costa Building & Trades Council for City projects with a construction contract valued at over $750,000. Project No. 2443 will be subject to the requirements of the Project Stabilization Agreement as the estimated construction costs exceeded $750,000. The prospective bidders for this project were made aware of this requirement as part of the construction contract. Interstate and their subcontractors have submitted the required agreement to be bound to the Citywide Project Stabilization Agreement.

Management of this construction project requires the support of a construction management firm. Through the RFP solicitation process, staff is recommending Quincy Engineering, Inc. (Quincy) to provide construction management, inspection, and materials testing services in the base amount of $271,792. Quincy’s material testing sub-consultant, RMA Group (RMA), has also agreed to be bound to the Citywide Project Stabilization Agreement.

Procurement Process
Construction Contract
The project was advertised for construction bids as required by State law and City policy. The City’s Local Vendor Preference policy does not apply for public construction projects governed under the Status of California Public Contract Code. During the bid period, three Bid Addenda were issued. Bids were opened on January 13, 2022. Seven (7) bids were received in amounts ranging from $2,729,071.90 to $3,186,054.75, as shown on the Bid Summary (Attachment 2). The Engineer’s Estimate for the total bid was $2,849,337.90
Bid Schedules Engineer’s
Estimate
Interstate Grading
& Paving Inc. MCK Services. Teichert
Construction.

Total Bid $2,849,337.90 $2,729,071.90 $2,749,238.25 $2,762,295.00 Interstate Grading & Paving Inc. (Interstate) of South San Francisco, CA was the apparent low bidder. Staff reviewed the bid proposal and determined Interstate submitted a responsible and responsive bid. Staff contacted Interstate as the lowest bidder to obtain confirmation of their bid amount, and also confirmed that they are ready to perform the work as bid. Staff completed analysis of Interstate, determining that this firm possess an appropriate and valid license, and is not on any debarred list. Interstate has satisfactory references and has successfully completed pavement rehabilitation projects for other local agencies in the Bay Area. Interstate also has experience with the construction of pavement improvements in Concord, including repaving Salvio Street, Mt. Diablo Street, and Colfax Street as a sub-contractor for Downtown Sewer and

City Council Agenda Report
Agenda Item No. 3.g
February 22, 2022
Streetscape Improvements Phase 2b (Project No. 2404). In addition, Interstate and all their subcontractors are registered with the Department of Industrial Relations as required by SB 854.

Professional Services Agreement
Staff issued a Request for Proposals (RFP) for construction management, inspection and materials testing services for the Pavement Maintenance – Zone 3 (Project No. 2443). The RFP was posted on the City’s Public Purchase website and advertised in the local newspaper, which were due by December 14, 2021.

Staff reviewed the submitted proposals and shortlisted firms to participate for an interview on January 13, 2022. Based on the analysis of the proposal and interview process, including project approach, understanding, staffing, and relative work experience, Quincy Engineering, Inc. (Quincy) was the top ranked firm selected by staff.

Staff negotiated an agreement in the base amount of $271,792.00 for Quincy to provide construction management, inspection, and materials testing services for Project No. 2443. Quincy’s materials testing subcontractor, RMA Group (RMA), has submitted the required agreement to be bound to the Citywide Project Stabilization Agreement.

Quincy is qualified and has experience in providing construction management services for similar projects in Concord and local agencies. Quincy’s experience with the City of Concord includes providing construction management for Downtown Sewer and Streetscape Improvements Phase 3b (Project No. 2446).

Financial Impact
There is approximately $3,000,000.00 available in Pavement Maintenance – Zone 3 (Project No. 2443) after accounting for design and bidding related costs. In order to fund all related construction activities, $3,400,000 is required to cover the costs of construction, construction management, inspection, contingencies, and staff oversight.

In order to fully fund the construction of Project No. 2443, a budget transfer of $400,000 is recommended.

Staff recommends a budget transfer for $400,000 from the following funding sources from Oak Grove Road Pavement Rehabilitation – Phase 2 (Project No. 2423):
- Senate Bill 1 Funds (Fund 266): $269,000.00
- Measure Q Funds (Fund 401): $131,000.00
Project No. 2423 was completed and accepted by City Council on December 2020.

After Council approval of the recommended budget transfer, there will be sufficient funds in the budget of Project No. 2443 to fund all related construction costs. With the approval of the related budget transfers, Project No. 2443 will be funded by State Gas Tax (Fund 260), SB-1 (Fund 266), and Measure Q (Fund 401).

City Council Agenda Report
Agenda Item No. 3.g
February 22, 2022
Environmental Determination
Pavement Maintenance – Zone 3 (Project No. 2443) is Categorically Exempt from the requirements for preparation of an environmental document as proposed for CEQA Guidelines Section 15301 – Existing Facilities, 15032 – Replacement and Reconstruction, 15303 – New Construction or Conversion of Small Structures, and/or 15304 – Minor Alterations to Land. No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. This determination reflects the City’s independent judgment and analysis.

Public Contact
The City Council Agenda was posted.

Attachments

1. Project Location Map

2. Project No. 2443 Construction Bid Summary

3. Professional Services Agreement – Quincy Engineering, Inc.

PROJECT LOCATION MAP
Pavement Maintenance—Zone 3
City Project No. 2443
ATTACHMENT 1

City of Concord
Bid Sheet
PROJECT #2443 Bid Opening:

Pavement Maintenance Zone 3 Thursday,
January 13, 2022
2:00 p.m.

ZOOM
Engineer’s Estimate: $2,849,337.90 To be awarded: TBD

COMPANY TOTAL BID
Interstate Grading & Paving Inc.
128 South Maple Avenue
South San Francisco, CA 94080-6302
$2,729,071.90
MCK Services, Inc.

PO Box 5697
Concord, CA 94524
$2,749,238.25
Teichert Construction
5200 Franklin Dr.

Pleasanton, CA 94588
$2,762,295.00
Radius Earthwork Inc.
197 Hamilton Ave., Ste. 204
Campbell, CA 95008
$2,804,700.00
Ghilotti Bros., Inc.
525 Jacoby Street
San Rafael, CA 94901
$2,976,737.10
Granite Construction Company
715 Comstock Street
Santa Clara, CA 95054
$3,149,930.25
Granite Rock Company
5225 Hellyer Avenue, Suite 220
San Jose, CA 95138
$3,186,054.75
Contact: Ali Hatefi x3284
Attachment 2

AGREEMENT FOR PROFESSIONAL SERVICES
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THIS AGREEMENT (“ Agreement”) is entered into on February 22, 2022 between the City of Concord (“ CITY”) and Quincy Engineering 2950 Buskirk Avenue #122, Walnut Creek, CA, 94597 (“CONSULTANT”).

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

The CITY desires to contract with CONSULTANT to provide 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 February 22, 2022 and expire on June 30, 2023.

A. Extension of Term. Upon mutual written agreement by the parties, the term of this Agreement may be extended for one additional period(s) of one year(s) each commencing upon the expiration of the initial or extended term , subject to the same terms and conditions of this Agreement. CONSULTANT shall give written notice of its request for extension of the term of the Agreement to the City’s Authorized Representative, as identified in Section 4 below , at least thirty (30) days prior to expi ration of the initial or extended term. The extension(s) of the term of this Agreement shall be subject to a review of CONSULTANT’S performance in accordance with the terms and conditions of this Agreement and shall be subject to City approval. Such extension of time shall be in writing by a duly executed Amendment to this Agreement.

2. SCOPE OF SERVICES. Subject to such policy direction and approvals provided by the CITY 's Authorized Representative , CONSULTANT shall provide construction management, services for Pavement Maintenance – Zone 3, Project No. 2443 described in detail in Exhibit A, a proposal from Quincy Engineering dated January 27, 2022, 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, shal l be at the rate and schedules in detail in Exhibit Attachment 3

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A. However, in no event shall the amount CITY pays CONSULTANT exceed two hundred seventy- one thousand, seven hundred ninety-two dollars ($271,792) and a 10% contingency of twenty- seven thousand, one hundred seventy-nine dollars and twenty cents ($27,179.20) for the term of this Agreement. 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 int
ended that CITY review such statement and pay CONSULTANT for services rendered within 30 da
ys of 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 Brent Lemon, Reg
ional Manager.

5. AMENDMENT TO AGREEMENT . This Agreement may be am ended 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 CO NSULTANT not to exceed $ 50,000 during the fi scal year , including the base contract amount, throughout the term of this Agreement . Any

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additional compensation to CONSULTANT that is $50,000 or more for the fiscal year , 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 meruit, 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 subcontra ctors 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 p ersons, 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 work ed, 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, Worke rs 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.

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7. STANDARD OF PERFORMA NCE. CONSULTANT rep resents 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 r equired by current, good, and sound procedures and practices. CONSULTANT further 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 pr ior 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 prio r 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 actua l project shall be given to CITY at the com pletion of th e project. The CITY reserves the right to specify the file format that electronic document delive rables are presented to the CITY. Title to all plans, specifications, maps, estimates, reports, manuscripts, drawings, descriptions

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and other final work prod ucts 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 sk etches, 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 a grees 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, o r 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 off icers, 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

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commercial general liability insur ance 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, 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 Agre ement. 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 Insuranc e 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 own ed, occupied, or used by CONSULTANT. The coverage shall contain no special limitations on the scop e or protection afforded to CITY, its officers, officials, employees, or volunteers.

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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 respec t to CITY, its officers, officials, employees, and volunteers. Any insurance, risk pooling arrangement, or s elf-insurance maintained b y 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 t he 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 Agree ment.

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 b etter 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’ wri tten 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 s uspension date. During the period of

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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 o ther 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 delive r to the CITY any and all finished and unfinished reports or other written, recorded, photographic, or visual materials , documents, data, and other de liverables (“Work Materials”) prepared for the CITY prior to the effective date of such termination , all o f 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 foll owing: 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 R ights 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 c ompetitive 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.

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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 co venants 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 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.

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 pa rty 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 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

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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 applicati on 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 o f 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, commitme nts, representation, writings, and discuss ions 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 i n 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.

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

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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 r egistered mail, return receipt requested, or by personal delivery to the CITY's address as shown bel ow, or such other places as CITY or CONSULTANT may, from t ime 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:

To CONSULTANT:

Bruce Davis, Interim City Engineer
CommunityDevelopment Department
City of Concord
1950 Parkside Drive
Concord, CA 94519-2578
Phone: (925) 671-3470
Fax: (925) 671-3203
Brent Lemon, Regional Manager
Quincy Engineering
2950 Buskirk Avenue #122
Walnut Creek, CA 94597
Phone: (
925) 939-7100
Fax: (925) 210-0500

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 exe cution 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 Agr eement, it shall not be necessary to produce or account for more than one such counterpart.

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27. PROJECT STABILIZATION AGREEMENT . On November 15, 2016 the City of Concord, and the Contra Costa Building and Construction Trades Council and its affiliated U nions, entered into a Project Stabilization Agreement (“PSA”) for City construction projects funded in whole or in part with City of Concord funds where the engineer’s estimate or bid amount exceeds $750,000.00 (“Project”). Among other things, the PSA inc ludes requirements for local hire, apprentices, and the veteran Helmets to Hardhats program. Some or all of the work under this Agreement may constitute Covered Work under the PSA , and the PSA requires that Contractor/Employers who enter into a City Construction Contract for any Project sign an “Agreement to be Bound” (Addendum A to the PSA). Therefore, as a condition of this Agreement, CONSULTANT must (i) sign the Agreement to be Bound, and (ii) require and ensure that affected contractors and subcontractors at any tiers sign the Agreement to be Bound. CONSULTANT acknowledges that it has received copy of the PSA, and has read, understood, and had the opportunity to consult with a n attorney regarding the PSA. Capitalized terms in this provision are defined in the PSA; a copy of the PSA is attached hereto as Exhibit B; the original PSA is lodged with the Concord City Clerk, 1950 Parkside Drive, Concord, CA; and additional copies of the PSA may be obtained based on City’s actual costs.

IN WITNESS WHEREOF, the parties have executed this Agreement in one (1) or more copies as of the date and year first written above.

Signatures on next page

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CONSULTANT CITY OF CONCORD , a Municipal
Corporation

By:_________________________________ By:______________________________ Name: Brent Lemon Name: Valerie Barone
Title: Regional Manager Title City Manager
Address: 2950 Buskirk Avenue #122 Address: 1950 Parkside Drive Walnut Creek, CA 94597 Concord, CA 94519
Telephone: (925) 939-7100 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 $298,971.20

Account Code: 4019500C999-74250 / 4012443117-74250

Finance Director's Signature

Project No.: 2443
Firm Name: Quincy Engineering

BILLING INFORMATION
Straight OT DT Precon Construction Closeout
Mike Hagerty
Project Manager $237.44 $237.44 $237.44 4 10 1 15 3,562$ Russ Moore
Resident Engineer $256.96 $256.96 $256.96 40 300 40 380 97,645$ Danny Sanchez
Construction Inspector $165.99 $194.24 $222.49 24 680 8 712 118,185 $ Construction Inspector $165.99 $194.24 $222.49 0 0 0 0 - $ Assistant Resident Engineer $150.43 $150.43 $150.43 0 0 0 0 - $ Quincy Engineering Construction Management and Inspection 219,392$

RMA GROUP
Materials Testing 29,720$
Murraysmith
Office Engineering $126.00 $126.00 $126.00 20 140 20 180 22,680$ 52,400$
271,792$
City of Concord - Pavement Maintenance Zone 3
Name/Classification 1st Shift Hourly Billing Rates Hours by Phase Hours Amount Quincy Engineering
Subtotal
Subconsultants
Subtotal
Total
As Needed
Page | A1
Pavement - Zone 3 Quincy Project 1 Hrs 1/27/2022
Exhibit A

Staff Report
Date: February 22, 2022
To: City Council
From: Valerie J. Barone, City Manager
Prepared by: Justin Ezell, Assistant City Manager
[email protected]
(925) 671-3155
Subject: Considering support of the Concord Art Association's proposal to complete Phase III of its utility box artwork program by: 1) authorizing use of twenty traffic signal controller boxes located throughout the city for public art; 2) authorizing staff to support the program; and 3) allocating $10,000 from the Art in Public Places fund to support the program.

CEQA: Exempt/not a project per CEQA Guidelines Sections 15060(c)(2), 15378, 15061(b)(3), and/or 15300.2.

Report in Brief
The Concord Art Association (CAA) previously collaborated with the City to install artwork on fifteen utility boxes located around the downtown. CAA wishes to continue the program by installing new artwork on twenty traffic signal controller cabinets situated on major thoroughfares throughout the City (Attachment 1). The theme of the proposed project is “Concord Reflections.” CAA requests the City to sponsor $10,000 of the $20,500 needed to complete the program.

Recommended Action
Support Phase III of the Utility Box Artwork Program with the theme “Concord Reflections” by authorizing the following:

1. Use of twenty traffic signal controller boxes situated on major thoroughfares as shown in Attachment 1;

2. Staff support of the program; and

3. Allocation of $10,000 from the Art in Public Places Fund to support the program.

4.a4.a4.a

City Council Agenda Report
Agenda Item No. 4.j
February 22, 2022
Background
In 2019, the City and Concord Art Association (CAA) collaborated to install a combination of vinyl wrapped and directly painted artwork on eleven utility boxes in the downtown. The theme of the 2019 project (Phase I), “Music and Market,” featured artists selected by the CAA through a call for artists. The Recreation, Cultural Affairs and Community Services Committee (RCACS) reviewed artwork before formal approval by the City Council. Project funding was a combination of an $11,600 City contribution from the Art in Public Places Fund, and $5,000 raised by CAA through sponsorships.

CAA completed a Phase II project in 2020. This project consisted of four traffic signal cabinets around the downtown with the theme “Celebrate Concord.” The theme allowed artists to shed a positive light on the many great things around Concord and focus on bringing the community together through art. Similar to Phase I described above, CAA selected artists through a call for artists. RCACS reviewed the artwork and recommended approval to the City Council. Unlike Phase I, CAA 100% funded Phase II through sponsorships, with the exception of in-kind city services such as utility box preparation and legal documents.

Analysis
CAA’s Phase III proposal received support from RCACS on January 24, 2022. A key aspect of the Phase III program is that it aligns with the City’s Highway Safety Improvement Program (HSIP) funded traffic signal upgrade project occurring this year.

CAA proposes to paint twenty of the traffic signal cabinets scheduled for replacement under the HSIP program prior to their installation. CAA’s proposal consists of the following:

Scope
Painting of twenty traffic signal controller boxes located on major thoroughfares, spread throughout the City (see Attachment 1).

Theme
The proposed theme is “Concord Reflections.” Artists submitting artwork will be encouraged to create designs that reflect the context of the neighborhood in which they are located.

Cost and Funding
CAA estimates a total project cost of $20,500 for which they anticipate raising $10,000 through sponsorships, and a $500 contribution from their own funding source. CAA has requested that the City contribute $10,000 from the Art in Public Places Fund. Staff support will be in the form of in-kind city services such as legal documents and site preparation and can be handled by City staff.

City Council Agenda Report
Agenda Item No. 4.j
February 22, 2022
Schedule/Approval Process
CAA will issue a call for artists in March. In past years the CAA has limited artists to being a resident of Concord. However, the CAA has indicated that the sheer number of boxes to be painted requires a broader approach to selecting artists. Therefore, there will be no restrictions on where the artists come from to submit a proposal or be selected to paint a box.

RCACS will review/approve selected artwork in the spring; the City Council will provide final approval in late spring. Artists will paint ten traffic signal cabinet boxes in late summer. Ten additional boxes will be painted and later installed in the fall.

Financial Impact
The City’s Art in Public Places Fund has an approximately $40,000 balance which may be used to provide the $10,000 request from CAA. The financial impact of needed in- kind city services for such things as legal documents and site preparation are negligible.

Environmental Determination
This activity does not constitute a “project” within the meaning of CEQA Guidelines Section 15060(c)(2) or CEQA Guidelines Section 15378, because there is no potential that it will result in a direct or reasonably foreseeable indirect physical change in the environment. Even if the activity 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 reflects the City’s independent judgment and analysis.

Public Contact
The City Council Agenda was posted.

Attachment

1. Location Map

CITY OF CONCORD
Legend

HSIP - TRAFFIC SIGNAL IMPROVEMENTS

CLAYTON

BONIFACIO
SALVIO

DAVID MINERT TREAT
EAST

GRANTMT DIABLO
FRY
SIXTH

PARKSIDE
EAST
GRANT
I 680 I 680

WHITMAN

WEST DENKINGER
BAILEY

OLIVERA

CLAYTON
GALAXY

MT DIABLO
COWELL
MYRTLE
OLIVE
BATES
STATE HWY 4

WILLOW PASS
STATE HWY 242

SANFORD

PT CHICAGO
AYERS

SAN MIGUEL

DETROIT

SAN SIMEON

DIAMOND
MEADOW

OAK GROVE CITRUS

CONCORD

YGNACIO VALLEYMOHR

ARNOLD IND

CONCORD

BURNETT

LYNWOOD

LANDANA
SOLANO
LARWIN
MARSH
WALNUT

CHESTNUT

MONUMENT

KIRKER PASS
MARKET

CRYSTYL RANCH
BABEL

GALINDO

TURTLE CREEK

FARM BUREAU

MICHIGAN

ALBERTA
AYERS

GALINDO

CONTRA COSTA LAGUNA

BONIFACIO
SALVIO

WILLOW PASS

CLAYTON

CONCORD
SUNSET

THORNWOOD KIRKER PASS

KIRKWOOD

CONCORD

CLAYTON

OAK GROVE
STATE HWY 4
STATE HWY 242
MARKET

OAKLAND

PT CHICAGO
Upgrade Controller, Cabinet, CIP VDS
Upgrade Controller, Cabinet
Upgrade Controller, CIP VDS
Upgrade Cabinet, CIP VDS
Upgrade Controller
Upgrade CIP VDS
HSIP 1 (Controller, Cabinet Only)
HSIP 2 (Controller, Cabinet Only)
NOTES:

HSIP 1 IS FROM CYCLE 9 FUNDING
HSIP 2 IS FROM CYCLE 10 FUNDING
Ten locations in Fall
Ten locations in Summer
Attachment 1

Concord Utility Box Art
Phase III
Presented by the
Concord Art Association
February 22nd, 2022
2/22/2022 Prepared by Concord Art Association 1

Concept
• Expand the Utility Box Art Project to major thoroughfares • Provide an opportunity for local artists to create the designs • Support diverse themes and artistic styles
• Engage the community in a celebration of art
2/22/2022 Prepared by Concord Art Association 2

Utility Box Art Theme and Style
• For Phase III, CAA proposes that the overall theme be “Concord R
eflections.”
• Artists will be encouraged to create designs that reflect the context of t
he neighborhood near the box.
• Art may be abstract or representational.
• Because most of these boxes are in areas of high vehicular traffic, we w
ill request that designs be bold and colorful, with large shapes and forms that are easy to discern.
2/22/2022 Prepared by Concord Art Association 3

Scope of Phase III
• Painting of twenty city owned traffic control boxes
• Boxes located on major roads and near city borders, including:
• Clayton Road
• Port Chicago Highway
• Monument Boulevard
• Oak Grove Road
• Kirker Pass Road
• Ygnacio Valley Road
• Concord Boulevard
2/22/2022 Prepared by Concord Art Association 4

Proposed Boxes for Phase III
Group One

1. Alberta & Ygnacio Valley Road

2. Treat & Oak Grove Road

3. Farm Bureau & Willow Pass Road

4. Market & Willow Pass Road near Pine

5. Monument Blvd. & Detroit

6. Monument Blvd. & Meadow Lane

7. Monument Blvd. & Mohr Lane

8. Kirker Pass & Clayton Road

9. Farm Bureau & Clayton Road

10. Near 6th & Clayton Road
Group Two

1. Olivera Road & Port Chicago Highway

2. Kirker Pass & Concord Blvd.

3. Bailey & Concord Blvd.

4. Farm Bureau & Concord Blvd.

5. Concord Blvd. by Landana

6. Denkinger & Clayton Road

7. Oakland Ave. & Clayton Road (near BART)

8. East & Willow Pass Road

9. Galindo & Willow Pass Road

10. Fry & Willow Pass Road
2/22/2022 Prepared by Concord Art Association 5

Costs and Funding for Phase III
• Costs:
• Artist awards include design and painting of boxes-$1, 000 per box. • Total awards-$20, 000.
• Specific limited supplies provided to the artists-$500. • TOTAL ESTIMATE for PROJECT: $20,500
• Funding:
• $10,000 CAA fundraising goal. Tentative at this point due to possible business s
lowdowns in the area.
• $10,000 City of Concord contribution from the general fund earmarked for publ
ic art.
• $500 CAA pledge earmarked for supplies for the artists. 2/22/2022 Prepared by Concord Art Association 6

Fund-raising Plan
• CAA proposes the following levels of sponsorship:
• $1250-T hemed Box -Limited availability. Donations due by fund-raising start. • Sponsor may create the theme for the box. This does not mean that the sponsor reviews or
approves the artwork.
• Sponsor selects box from list of locations.
• Includes plaque.
• $1000-B ox.
• Sponsor selects box from list of locations.
• Includes plaque.
• $500-T wo Panels. Includes plaque.
• $250-Sin gle Panel. Includes plaque.

All levels of sponsorship will include listings on the CAA website and inclusion in publicity and social media about the project. 2/22/2022 Prepared by Concord Art Association 7

Call for Artists
• Concord Art Association will issue the call in February depending on C
ity Council approval.
• Technical requirements for preparation, application and materials based on C
ity of Concord requirements
• Artistic considerations
• Rough box dimensions and eventual location of the box • Open to all adult artists in Contra Costa County
• Publicized through social media, artist events, CAA website and ne
wsletter, press, City of Concord website, AC5, local press, Diablo Valley college art instructors
2/22/2022 Prepared by Concord Art Association 8

Timeline and Major Tasks for 2022
• February-O btain City of Concord approval for the project. • March-B egin fund- raising with local businesses.
• March-W ork with city staff re logistics, ex. handling payments to artists from city funds, establishing central painting location.
• April-I ssue Call for Artists.
• May-J une -Jury submissions.
• June-P resent recommended designs to Parks and Recreation Committee. • June-P resent designs selected by Parks and Recreation Committee to full City Council.
• July-N
otify artists, sign contracts, and develop painting schedule. • August-P ainting begins for first group of boxes.
• TBD-P ainting begins for second group of boxes.
2/22/2022 Prepared by Concord Art Association 9

For More Information
• Email [email protected]
2/22/2022 Prepared by Concord Art Association 10

1 Staff Report
Date: February 22, 2022
To: City Council
From: Valerie Barone, City Manager
Reviewed by: Kevin Marstall, PE, Interim Director of Community Development Brenda Kain, Housing Manager
Prepared by: Sophia Huckabay, Housing Program Analyst
[email protected]
(925) 671-3387
Subject: Considering adoption of a Resolution approving the issuance of tax-exempt revenue obligations by the California Municipal Finance Authority for the purpose of financing the acquisition, rehabilitation, improvement, equipping, and conversion to affordable housing of The Lakes Apartments, a 102-Unit
multifamily rental housing project located At 1818, 1819 & 1850 Laguna Street, Concord, California (The “Project”).

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

Report in Brief
Integrity Housing, a California non-profit, has requested that Concord City Council conduct a Tax Equity and Fiscal Responsibility Act of 1986 (TEFRA) public hearing to approve the issuance of up to $45,000,000 in California Municipal Finance Authority (CMFA) tax exempt bonds. The bond financing will allow for the acquisition, rehabilitation and conversion to affordable housing of The Lakes Apartments, a 102- unit, 55-year old multi-family complex. Bond repayment is the sole responsibility of Integrity Housing and the CMFA; Concord is not responsible for the debts, liabilities and obligations incurred through this bond financing.

5.a5.a5.a5.a5.a5.a

City Council Agenda Staff Report
Agenda Item No. 5.a
February 22, 2022
2 Recommended Action
Adopt a Resolution (Attachment 2) approving the issuance of tax-exempt revenue obligations by the California Municipal Finance Authority for the purpose of financing the acquisition, rehabilitation, improvement, equipping, and conversion to affordable housing of The Lakes Apartments, a 102-unit multifamily rental housing project located at 1818, 1819 & 1850 Laguna Street, Concord, California (The “Project”).

Background
Integrity Housing has requested the issuance of municipal revenue bonds by the CMFA in an amount not to exceed $45,000,000 to assist in financing the acquisition, rehabilitation and conversion to affordable housing of a 102-unit multifamily rental housing project located at 1818, 1819 & 1850 Laguna Street, Concord (The Lakes Apartments). A map exhibiting the location of The Lakes Apartments is included as Attachment 1. In order for all or a portion of the Bonds to qualify as tax-exempt bonds, the City of Concord must conduct a public hearing (the “TEFRA Hearing”) providing members of the community an opportunity to comment on the use of tax-exempt bonds for the financing of the Project. Prior to such TEFRA Hearing, reasonable notice must be provided to the members of the community. Following the close of the TEFRA Hearing, City Council must provide its approval of the issuance of the Bonds for the financing of the Project.

In order for the CMFA to have the authority to serve as the issuer and administrator of the bonds for the Project, it is necessary for the City of Concord to become a member of the CMFA. Adoption of the attached resolution authorizes the Mayor or designee to execute a Joint Exercise of Powers Agreement (JPA) to join CMFA. The JPA provides that the CMFA is a public entity, separate and apart from each member executing such agreement. The debts, liabilities and obligations of the CMFA do not constitute debts, liabilities or obligations of the members executing such agreement.

Analysis
Development Team
The CMFA, a San Diego based Joint Powers Authority, created on January 1, 2004, will serve as the bond issuer. To date, over 300 municipalities have become members of the CMFA, resulting in over 500 affordable multi-family projects statewide. The development team includes:
 Ascenda Capital, the project and asset manager, is currently under contract to purchase The Lakes, but ultimately will assign the contract to Integrity Housing before the close of Escrow. Ascenda Capital will not have any ownership of the property, but they will oversee the rehabilitation, construction, and third party management of The Lakes Apartments improvements. Ascenda has extensive experience in creating workforce and affordable housing through public private partnerships.

City Council Agenda Staff Report
Agenda Item No. 5.a
February 22, 2022
3  Integrity Housing, a non-profit developer, will own The Lakes Apartments.

Integrity Housing has over 20 years of experience as a nonprofit developer of affordable multifamily housing. Their portfolio consists of 3,000 units spread across 35 affordable housing communities. Nine of these communities are located within the Northern California region, with two new communities currently in development.
 Aperto is the assigned property management group for the project. Aperto has 30 years of management experience that includes affordable housing compliance, resident services, accounting/financial reporting and capital asset preservation programs. They currently manage over 10,000 affordable housing units across 100 communities in California.

The Project
The Lakes Apartments is currently a market-rate, multifamily complex located at 1818, 1819 & 1850 Laguna Street. The complex was built in 1967 (55 years old), includes 102 units, and spreads over three 3-story buildings.

With approval from City Council, the CMFA plans to issue $45M in low-risk, tax-exempt bonds to Integrity Housing. The funds received through this bond financing will be used to acquire, renovate and further preserve The Lakes Apartments as affordable housing.

The CMFA and Integrity Housing will restrict 75 percent, or 77 of its 102 units, to serve 50% AMI (low-income) and 80% AMI (very low-income) households for at least 30 years through the creation of a regulatory agreement. Twenty-five (25) units will remain market-rate.

The property has recently undergone interior and exterior renovations, and Integrity Housing plans to continue these renovations. The 45 units that are not yet renovated will undergo the following improvements: vinyl plank flooring and new carpet, new counter tops in kitchen and bathrooms, new cabinets and vanities, new fixtures and modern lighting, and new appliances. The total rehabilitation budget is $2M.

The total estimated bond issuance is $39,333,614. The bond inducement includes a contingency reserve, bringing the total issuance request to $45M. The funds are budgeted as follows:
 Purchase Price - $33,000,000
 Renovation Budget – $2,000,000
 Capital Interest Reserve - $750,000
 Senior Debt Service Reserve Fund – $642,066
 Operating Expense Reserve Fund - $512,548
 Cost of Issuance – $2,429,000

City Council Agenda Staff Report
Agenda Item No. 5.a
February 22, 2022
4  Contingency Reserve- $5,666,386
 TOTAL: $45,000,000
The CMFA and JPA
The CMFA was created pursuant to a Joint Exercise of Powers Agreement to promote economic, cultural and community development, through the financing of economic development and charitable activities throughout California. The CMFA assists local governments, non-profit organizations and businesses with the issuance of low-risk, taxable and tax-exempt bonds aimed at improving the standard of living in California.

The CMFA’s representatives and its Board of Directors have 40 years of experience in bond financings.

In order for the CMFA to have the authority to serve as the issuer and administrator of the bonds for the Project, it is necessary for the City of Concord to become a member of the CMFA. Adoption of the resolution (Attachment 2) authorizes the Mayor or designee to execute the Joint Exercise of Powers Agreement, which is included as Attachment 3.

The Joint Exercise of Powers Agreement provides that the CMFA is a public entity, separate and apart from each member executing such agreement. The debts, liabilities and obligations of the CMFA do not constitute debts, liabilities or obligations of the members executing such agreement.

The Bonds to be issued by the CMFA for the Project will be the sole responsibility of the Borrower, and the City will have no financial, legal, moral obligation, liability or responsibility for the Project or the repayment of the Bonds for the financing of the Project. All financing documents with respect to the issuance of the Bonds will contain clear disclaimers that the Bonds are not obligations of the City or the State of California but are to be paid for solely from funds provided by the Borrower.

There are no costs associated with membership in the CMFA and the City will in no way become exposed to any financial liability by reason of its membership in the CMFA. In addition, participation by the City in the CMFA will not impact the City’s appropriations limits and will not constitute any type of indebtedness by the City. Exclusive of holding the TEFRA hearing, adopting the required resolution and executing the Joint Exercise of Powers Agreement of the CMFA, no other participation or activity of the City or the City Council with respect to the issuance of the Bonds will be required. Additionally, the CMFA shares 25% of all issuance fees directly with its member communities. Upon joining the JPA and issuing the bonds to Integrity Housing, Concord will receive a one- time issuance fee of $15,000.

The Joint Exercise of Powers Agreement expressly provides that any member may withdraw from such agreement upon written notice to the Board of Directors of the CMFA. In the case of the proposed bond financing for the Borrower, the City following

City Council Agenda Staff Report
Agenda Item No. 5.a
February 22, 2022
5 its execution of the Joint Exercise of Powers Agreement, could, at any time following the issuance of the Bonds, withdraw from the CMFA by providing written notice to the Board of Directors of the CMFA.

Financial Impact
There is no financial impact to the City. The Project will be financed and administered by the CMFA.

Through its conduit issuance activities, the CMFA shares a portion of the issuance fees it receives with its member communities and donates a portion of these issuance fees to support local charities. With respect to the City of Concord, it is expected that a $15,000 issuance fee attributable to the City will be granted by the CMFA to the general fund of the City. Such grant may be used for any lawful purpose of the City.

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.”
Public Contact
Notice of the Public Hearing was posted in accordance with Public Hearing notification procedures. Notice of Public Hearing was published in the East Bay Times newspaper on February 10, 2022, which satisfies the minimum notification time required for this action. The City Council agenda was posted.

Attachments

1. The Lakes Apartments Location Map

2. Resolution Approving and Authorizing the Issuance of Revenue Bonds

3. Joint Exercise of Powers Agreement

Project Location - 1818, 1819 & 1850 Laguna Street
Proximity to:
• Concord BART Station
• Ellis Lake Park
• Todos Santos Plaza
• Heart of Downtown
11 Attachment 1

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Approving the Issuance of Tax-Exempt
Revenue Obligations by the California Municipal
Finance Authority for the Purpose of Financing the
Acquisition, Rehabilitation, Improvement, Equipping,
and Conversion to Affordable Housing of The Lakes
Apartments, A 102-Unit Multifamily Rental Housing
Project Located At 1818, 1819 & 1850 Laguna Street,
Concord, California (The “Project”)
Resolution No. 22-XX
/
WHEREAS, pursuant to Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California (the “Act”), certain public agencies (the “Members”) have entered into a Joint Exercise of Powers Agreement Relating to the California Municipal Finance Authority, dated as of January 1, 2004 (the “Agreement”) in order to form the California Municipal Finance Authority (the “Authority”), for the purpose of promoting economic, cultural and community development, and in order to exercise any powers common to the Members, including the issuance of bonds, notes or other evidences of indebtedness; and
WHEREAS, the City of Concord (the “City”), has determined that it is in the public interest and for the public benefit that the City become a Member of the Authority in order to facilitate the promotion of economic, cultural and community development activities in the City, including the financing of projects therefor by the Authority; and
WHEREAS, there is now before this City Council (the “City Council”) the form of the Agreement; and
WHEREAS, the Agreement has been filed with the City, and the members of the City Council, with the assistance of its staff, have reviewed said document; and WHEREAS, the Authority is authorized to issue and sell revenue bonds for the purpose, among others, of financing or refinancing the construction, acquisition and rehabilitation of capital projects; and
WHEREAS, IH Lakes Concord LLC with Affordable Housing Alliance II, Inc., dba Integrity Attachment 2

Housing as the sole member (the “Borrower”) has requested that the California Municipal Finance Authority (the “Authority”) adopt a plan of financing providing for the issuance of qualified 501(c)(3) bonds as defined in Section 145 of the Internal Revenue Code of 1986 (the “Code”) in one or more series issued from time to time, including bonds issued to refund such qualified 501(c)(3) bonds in one or more series from time to time, and at no time to exceed $45,000,000 in aggregate principal amount (the “Bonds”), to finance or refinance the acquisition, rehabilitation, improvement and equipping of a 102-unit multifamily rental housing project located at 1818, 1819 & 1850 Laguna Street, Concord, California (the “Project”); and
WHEREAS, in order for the interest on the Bonds to be tax-exempt, Section 147(f) of the Code, requires that an “applicable elected representative” of the governmental unit, the geographic jurisdiction of which contains the site of facilities to be financed with the proceeds of the Bonds, hold a public hearing on the issuance of the Bonds and approve the issuance of the Bonds following such hearing; and
WHEREAS, the Authority has determined that the City Council is an “applicable elected representative” for purposes of holding such hearing; and WHEREAS, the Authority has requested that the City Council approve the issuance of the Bonds by the Authority in order to satisfy the public approval requirement of Section 147(f) of the Code and, the requirements of Section 4 of the Agreement; and WHEREAS, notice of such public hearing has been duly given as required by the Code, and this City Council has heretofore held such public hearing at which all interested persons were given an opportunity to be heard on all matters relative to the financing or refinancing of the Project and the Authority’s issuance of the Bonds therefor; and
WHEREAS, it is in the public interest and for the public benefit that the City Council approve the issuance of the Bonds by the Authority for the aforesaid purposes; and WHEREAS, 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.”

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

Section 1. The foregoing recitals are true and correct and incorporated herein by reference.

Section 2. The Agreement is hereby approved and the Mayor or the designee thereof is hereby authorized and directed to execute said document, and the City Clerk or such Clerk’s designee is hereby authorized and directed to attest thereto.

Section 3. The City Council hereby approves the issuance of the Bonds by the Authority.

It is the purpose and intent of the City Council that this resolution constitute approval of the issuance of the Bonds (a) by the “applicable elected representative” of the governmental unit having jurisdiction over the area in which the Project is located in accordance with Section 147(f) of the Code and; (b) by the City Council in accordance with Section 4 of the Agreement.

Section 4. The issuance of the Bonds shall be subject to the approval of the Authority of all financing documents relating thereto to which the Authority is a party. The City shall have no responsibility or liability whatsoever with respect to the Bonds.

Section 5. The adoption of this Resolution shall not obligate the City or any department thereof to (i) provide any financing to acquire or construct the Project or any refinancing of the Project; (ii) approve any application or request for or take any other action in connection with any planning approval, permit or other action necessary for the acquisition, construction, rehabilitation or operation of the Project; (iii) make any contribution or advance any funds whatsoever to the Authority; or (iv) take any further action with respect to the Authority or its membership therein.

Section 6. The executing officers(s), the City Clerk and all other proper officers and officials of the City are hereby authorized and directed to execute such other agreements, documents and certificates, and to perform such other acts and deeds, as may be necessary or convenient to effect the

purposes of this Resolution and the transactions herein authorized.

Section 7. The City Clerk shall forward a certified copy of this Resolution and an originally executed Agreement to the Authority in care of its counsel:

Ronald E. Lee, Esq.

Jones Hall, APLC
475 Sansome Street, Suite 1700
San Francisco, CA 941111
Section 8. This resolution shall take effect immediately upon its passage.

PASSED AND ADOPTED by the City Council of the City of Concord on February 22, 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 February 22, 2022.

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney Page 10 of 40
JO

INT EXERCISE OF POWERS AGREEMENT

RELATING TO THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY
TH
IS AGREEMENT, dated as of January 1, 2004, among the parties executing this Agreement (all such parties, except those which have withdrawn as provided herein, a re referred to as the “Members” and those parties initially executing this Agreement are referred to as the “Initial Members”):

WI

TNESSETH
WH
EREAS, pursuant to Title 1, Division 7, Chapter 5 of the California Government Code (in effect as of the date hereof and as the same may from time to time be amended or supplemented, the “Joint Exercise of Powers Act”), two or more public agencies may by agreement jointly exercise any power common to the contracting parties; and WHE
REAS, each of the Members is a “public agency” as that term is defined in Section 6500 of the Joint Exercise of Powers Act; and
WH
EREAS, each of the Members is empowered by law to promote economic, cultural and community development, including, without limitation, the promotion of opportunities for the creation or retention of employment, the stimulation of economic activity, the increase of the tax base, and the promotion of opportunities for education, cultural improvement and public health, safety and general welfare; and
WHE
REAS, each of the Members may accomplish the purposes and objectives described in the preceding preamble by various means, including through making grants, loans or providing other financial assistance to governmental and nonprofit organizations; and WHE
REAS, each Member is also empowered by law to acquire and dispose of real property for a public purpose; and
WHE
REAS, the Joint Exercise of Powers Act authorizes the Members to create a joint exercise of powers entity with the authority to exercise any powers common to the Members, as specified in this Agreement and to exercise the additional powers granted to it in the Joint Exercise of Powers Act and any other applicable provisions of the laws of the State of California; and
WHE
REAS, a public entity establ ished pursuant to the Joint Exercise of Powers Act is empowered to issue or execute bonds, notes, commercial paper or any other evidences of indebtedness, including leases or installment sale agreements or certificates of participation therein (herein “Bon ds”), and to otherwise undertake financing programs under the Joint Exercise of Powers Act or other applicable provisions of the laws of the State of California to accomplish its public purposes; and
Attachment 3

WHEREAS, the Members have determined to specifically authorize a public entity authorized pursuant to the Joint Exercise of Powers Act to issue Bonds pursuant to the Joint Exercise of Powers Act or other applicable provisions of the laws of the State of California; and

WHEREAS, it is the desire of the Memb ers to use a public entity established pursuant to the Joint Exercise of Powers Act to undertake the financing and/or refinancing of projects of any nature, including, but not limited to, capital or working capital projects, insurance, liability or retirement programs or facilitating Members use of existing or new financial instruments and mechanisms; and

WHEREAS, it is further the intention of the Members that the projects undertaken will result in significant public benefits to the inhabitants of the jurisdictions of the Members; and

WHEREAS, by this Agreement, each Member desires to create and establish the “California Municipal Finance Authority” for the purposes set forth herein and to exercise the powers provided herein;

NOW, THEREFORE, the Members, for and in consideration of the mutual promises and agreements herein contained, do agree as follows:

Section 1. Purpose.

This Agreement is made pursuant to the provisions of the Joint Exercise of Powers Act.

The purpose of this Agreement is to establish a public entity for the joint exercise of powers common to the Members and for the exercise of additional powers given to a joint powers entity under the Joint Powers Act or any other applicable law, including, but not limited to, the issuance of Bonds for any purpose or activity permitted under the Joint Exercise of Powers Act or any other applicable law. Such purpose will be accomplished and said power exercised in the manner hereinafter set forth.

Section 2. Term.

This Agreement shall become effective in accordance with Section 17 as of the date hereof and shall continue in full force and effect until such time as it is terminated in writing by all the Members; provided, however, that this Agreement shall not terminate or be terminated until all Bonds issued or caused to be issued by the Authority (defined below) shall no longer be outstanding under the terms of the indenture, trust agreement or other instrument pursuant to which such Bonds are issued, or unless a successor to the Authority assumes all of the Authority’s debts, liabilities and obligastions.

Section 3. Authority.

A. CREATION AND POWERS OF AUTHORITY.

Pursuant to the Joint Exercise of Powers Act, there is hereby created a public entity to be known as the “California Municipal Finance Authority” (the “Authority”), and said Authority shall be a public entity separate and apart from the Members. Its

debts, liabilities and obligations do not constitute debts, liabilities or obligations of any Members.

B. BOARD.

The Authority shall be administered by the Board of Directors (the “Board,” or the “Directors” and each a “Director”) of the California Foundation for Stronger Communities, a nonprofit public benefit corporation organized under the laws of the State of California (the “Foundation”), with each such Director serving in his or her individual capacity as a Direct or of the Board. The Board shall be the administering agency of this Agreement and, as such, shall be vested with the powers set forth herein, and shall administer this Agreement in accordance with the purposes and functions provided herein. The number of Directors, the appointment of Directors, alternates and successors, their respective terms of office, and all other provisions relating to the qualification and office of the Directors shall be as provided in the Articles and Bylaws of the Foundation, or by resolution of the Board adopted in accordance with the Bylaws of the Foundation.

All references in this Agreement to any Director shall be deemed to refer to and include the applicable alternate Director, if any, when so acting in place of a regularly appointed Director.

Directors may receive reasonable compensation for serving as such, and shall be entitled to reimbursement for any expenses actually incurred in connection with serving as a Director, if the B oard shall determine that such expenses shall be reimbursed and there are unencumbered funds available for such purpose.

The Foundation may be removed as administering agent hereunder and replaced at any time by amendment of this Agreement approved as provided in Section 16; provided that a successor administering agent of this Agreement has been appointed and accepted its duties and responsibilities under this Agreement.

C. OFFICERS; DUTIES; OFFICIAL BONDS.

The officers of the Authority shall be the Chair, Vice- Chair, Secretary and Treasurer (defined below). The Board, in its capacity as administering agent of this Agreement, shall elect a Chair, a Vice- Chair, and a Secretary of the Authority from among Directors to serve until such officer is re -elected or a successor to such office is elected by the Board. The Board shall appoint one or more of its officers or employees to serve as treasurer, auditor, and controller of the Authority (the “Treasurer”) pursuant to Section 6505.6 of the Joint Exercise of Powers Act to serve until such officer is re-elected or a successor to such office is elected by the Board.

Subject to the applicable provisions of any resolution, indenture, trust agreement or other instrument or proceeding authorizing or securing Bonds (each such resolution, indenture, trust agreement, instrument and proceeding being herein referred to as an “Indenture”) providing for a trustee or other fiscal agent, and except as may otherwise be

specified by resolution of the Board, the Treasurer is designated as the depositary of the Authority to have custody of all money of the Authority, from whatever source derived and shall have the powers, duties and responsibilities specified in Sections 6505, 6505.5 and 6509.5 of the Joint Exercise of Powers Act.

The Treasurer of the Authority is designated as the public officer or person who has charge of, handles, or has access to any property of the Authority, and such officer shall file an official bond with the Secretary of the Authority in the amount specified by resolution of the Board but in no event less than $1,000.

The Board shall have the power to appoint such other officers and employees as it may deem necessary and to retain independent counsel, consultants and accountants.

The Board shall have the power, by resolution, to the extent permitted by the Joint Exercise of Power Act or any other applicable law, to delegate any of its functions to one or more of the Directors or officers, employees or agents of the Authority and to cause any of said Directo rs, officers, employees or agents to take any actions and execute any documents or instruments for and in the name and on behalf of the Board or the Authority.

D. MEETINGS OF THE BOARD.
(1) Ralph M. Brown Act.

All meetings of the Board, including, without limitation, regular, adjourned regular, special, and adjourned special meetings shall be called, noticed, held and conducted in accordance with the provisions of the Ralph M. Brown Act (commencing with Section 54950 of the Government Code of the State of California), or any successor legislation hereinafter enacted (the “Brown Act”).

(2) Regular Meetings.

The Board shall provide for its regular meetings; provided, however, it shall hold at least one regular meeting each year. The date, hour and place of the holding of the regular meetings shall be fixed by resolution of the Board. To the extent permitted by the Brown Act, such meetings may be held by telephone conference.

(3) Special Meetings.

Special meetings of the Board may be called in accordance with the provisions of Section 54956 of the Government Code of the State of California. To the extent permitted by the Brown Act, such meetings may be held by telephone conference.

(4) Minutes.

The Secretary of the Authority shall cause to be kept minutes of the regular, adjourned regular, special, and adjourned special meetings of the Board and shall, as soon as possible after each meeting, cause a copy of the minutes to be forwarded to each Director.

(5) Quorum.

A majority of the Board shall constitute a quorum for t he transaction of business. No action may be taken by the Board except upon the affirmative vote of a majority of the Directors constituting a quorum, except that less than a quorum may adjourn a meeting to another time and place.

E. RULES AND REGULATIONS.

The Authority may adopt, from time to time, by resolution of the Board such rules and regulations for the conduct of its meetings and affairs as may be required.

Section 4. Powers.

The Authority shall have the power, in its own name, to exercise the common powers of the Members and to exercise all additional powers given to a joint powers entity under any of the laws of the State of California, including, but not limited to, the Joint Exercise of Powers Act, for any purpose authorized under this Agreement. Such powers shall include the common powers specified in this Agreement and may be exercised in the manner and according to the method provided in this Agreement. The Authority is hereby authorized to do all acts necessary for the exercise of such power, including, but not limited to, any of all of the following: to make and enter into contracts; to employ agents and employees; to acquire, construct, provide for maintenance and operation of, or maintain and operate, any buildings, works or improvements; to acquire, hold or dispose of property wherever located; to incur debts, liabilities or obligations; to receive gifts, contributions and donations of property, funds, services, and other forms of assistance from person, firms, corporations and any governmental entity; to sue and be sued in its own name; to make grants, loans or provide other financial assistance to governmental and nonprofit organizations (e.g., the Members or the Foundation) to accomplish any of its purposes; and generally to do any and all things necessary or convenient to accomplish its purposes.

Without limiting the generality of the foregoing, the Authority may issue or cause to be issued Bonds, and pledge any property or revenues as security to the extent permitted under the Joint Exercise of Powers Act, or any other applicable provision of law; provided, however, the Authority shall not issue Bonds with respect to any project located in the jurisdiction of one or more Members unless the governing body of any such Member, or its duly authorize d representative, shall approve, conditionally or unconditionally, the project, including the issuance of Bonds therefor. Such approval may be evidenced by resolution, certificate, order, report or such other means of written approval of such project as m ay be selected by the Member (or its authorized representative) whose approval is required. No such approval shall be required in

connection with Bonds that refund Bonds previously issued by the Authority and approved by the governing board of a Member.

The manner in which the Authority shall exercise its powers and perform its duties is and shall be subject to the restrictions upon the manner in which a California general law city could exercise such powers and perform such duties. The manner in which the Authority shall exercise its powers and perform its duties shall not be subject to any restrictions applicable to the manner in which any other public agency could exercise such powers or perform such duties, whether such agency is a party to this Agreement or not.

Section 5. Fiscal Year.

For the purposes of this Agreement, the term “Fiscal Year” shall mean the fiscal year as established from time to time by resolution of the Board, being, at the date of this Agreement, the period from July 1 to and including the following June 30, except for the first Fiscal Year which shall be the period from the date of this Agreement to June 30, 2004.

Section 6. Disposition of Assets.

At the end of the term hereof or upon the earlier termination of this Agreement as set forth in Section 2, after payment of all expenses and liabilities of the Authority, all property of the Authority both real and personal shall automatically vest in the Members in the manner and amount determined by the Board in its sole discretion and shall thereafter remain the sole property of the Members; provided, however, that any surplus money on hand shall be returned in proportion to the contributions made by the Members.

Section 7. Bonds.

From time to time the Authority shall issue Bonds, in one or more series, for the purpose of exercising its powers and raising the funds necessary to carry out its purposes under this Agreement.

The services of bond counsel, financing consultants and other consultants and advisors working on the projects and/or their financing shall be used by the Authority. The expenses of the Board shall be paid from the proceeds of the Bonds or any other unencumbered funds of the Authority available for such purpose.

Section 8. Bonds Only Limited and Special Obligations of Authority.

The Bonds, together with the interest and premium, if any, thereon, shall not be deemed to constitute a debt of any Member or pledge of the faith and credit of the Members or the Authority. The Bonds shall be only special obligations of the Authority, and the Authority shall under no circumstances be obligated to pay the Bonds except from revenues and other funds pledged therefor. Neither the Members nor the Authority shall be obligated to pay the principal of, premium, if any, or interest on the Bonds, or other costs incidental thereto, except from the revenues and funds pledged therefor, and neither the faith and credit nor the taxing power of the Members nor the faith and credit of the Authority shall be pledged to the payment of the

principal of, premium, if any, or interest on the Bonds nor shall the Members or the Authority in any manner be obligated to make any appropriation for such payment.

No covenant or agreement contained in any Bond or related document shall be deemed to be a covenant or agreement of any Director, or any officer, employee or agent of the Authority in his or her individual capacity and neither the Board of the Authority nor any Director or officer thereof executing the Bonds shall be liable personally on any Bond or be subject to any personal liability or accountability by reason of the issuance of any Bonds.

Section 9. Accounts and Reports.

All funds of the Authority shall be strictly accounted for. The Authority shall establish and maintain such funds and accounts as may be required by good accounting practice and by any provision of any Indenture (to the extent such duties are not assigned to a trustee of Bonds).

The books and records of the Authority shall be open to inspection at all reasonable times by each Member.

The Treasurer of the Authority shall cause an independent audit to be made of the books of accounts and financial records of the Authority by a certified public accountant or public accountant in compliance with the provisions of Section 6505 of the Joint Exercise of Powers Act. In each case the minimum requirements of the audit shall be those prescribed by the State Controller for special districts under Section 26909 of the Government Code of the State of California and shall conform to generally accepted auditing standards. When such an audit of accounts and records is made by a certified public accountant or public accountant, a report thereof shall be filed as a public record with each Member and also with the county auditor of each county in which a Member is located; provided, however, tha t to the extent permitted by law, the Authority may, instead of filing such report with each Member and such county auditor, elect to post such report as a public record electronically on a website designated by the Authority. Such report if made shall be filed within 12 months of the end of the Fiscal Year or Years under examination.

The Treasurer is hereby directed to report in writing on the first day of July, October, January, and April of each year to the Board and the Members which report shall describe the amount of money held by the Treasurer for the Authority, the amount of receipts since the last such report, and the amount paid out since the last such report (which may exclude amounts held by a trustee or other fiduciary in connection with any Bonds to the extent that such trustee or other fiduciary provided regular reports covering such amounts.)

Any costs of the audit, including contracts with, or employment of, certified public accountants or public accountants in making an audit pursuant to this Section, shall be borne by the Authority and shall be a charge against any unencumbered funds of the Authority available for that purpose.

In any Fiscal Year the Board may, by resolution adopted by unanimous vote, replace the annual special audit with an audit covering a two-year period.

Section 10. Funds.

Subject to the applicable provisions of any Indenture, which may provide for a trustee or other fiduciary to receive, have custody of and disburse Authority funds, the Treasurer of the Authority shall receive, have the custody of and disburse Authority funds pursuant to the accounting procedures developed under Sections 3.C and 9, and shall make the disbursements required by this Agreement or otherwise necessary to carry out any of the provisions of purposes of this Agreement.

Section 11. Notices.

Notices and other communications hereunder to the Members shall be sufficient if delivered to the clerk of the governing body of each Member; provided, however, that to the extent permitted by law, the Authority may, provide notices and other communications and postings electronically (including, without limitation, through email or by posting to a website).

Section 12. Additional Members/Withdrawal of Members.

Qualifying public agencies may be added as parties to this Agreement and be come Members upon: (1) the filing by such public agency with the Authority of an executed counterpart of this Agreement, together with a copy of the resolution of the governing body of such public agency approving this Agreement and the execution and delivery hereof; and (2) adoption of a resolution of the Board approving the addition of such public agency as a Member.

Upon satisfaction of such conditions, the Board shall file such executed counterpart of this Agreement as an amendment hereto, effective upon such filing.

A Member may withdraw from this Agreement upon written notice to the Board; provided, however, that no such withdrawal shall result in the dissolution of the Authority so long as any Bonds remain outstanding. Any such withdrawal shall be effective only upon receipt of the notice of withdrawal by the Board which shall acknowledge receipt of such notice of withdrawal in writing and shall file such notice as an amendment to this Agreement effective upon such filing.

Section 13. Indemnification.

To the full extent permitted by law, the Board may authorize indemnification by the Authority of any person who is or was a Director or an officer, employee of other agent of the Authority, and who was or is a party or is threatened to be made a party to a proceeding by reason of the fact that such person is or was such a Director or an officer, employee or other agent of the Authority, against expenses, including attorneys fees, judgments, fines, settlements and other amounts actually and reasonably incurred in connection with such proceeding, if such person acted in good faith in a manner such person reasonably believed to be in the best interests of the Authority and, in the case of a criminal proceeding, had no reasonable cause to believe the conduct of such person was unlawful and, in the case of an action by or in the right of the Authority, acted with such care, including reasonable inquiry, as an ordinarily prudent person in a like position would use under similar circumstances.

Section 14. Contributions and Advances.

Contributions or advances of public funds and of the use of personnel, equipment or property may be made to the Authority by the Members for any of the purposes of this Agreement. Payment of public funds may be made to defray the cost of any such contribution or advance. Any such advance may be made subject to repayment, and in such case shall be repaid, in the manner agreed upon by the Authority and the Member making such advance at the time of such advance. It is mutually understood and agreed to that no Member has any obligation to make advances or contributions to the Authority to provide for the costs and expenses of administration of the Authority, even though any Member may do so. The Members understand and agree that a portion of the funds of the Authority that otherwise may be allocated or distributed to the Members may instead be used to make grants, loans or provide other financial assistance to governmental units and nonprofit organizations (e.g., the Foundation) to accomplish any of the governmental unit’s or nonprofit organization's purposes.

Section 15. Immunities.

All of the privileges and immunities from liabilities, exemptions from laws, ordinances and rules, and other benefits which apply to the activity of officers, agents or employees of Members when performing their respective functions within the territorial limits of their respective public agencies, shall apply to the same degree and extent to the Directors, officers, employees, agents or other representatives of the Authority while engaged in the performance of any of their functions or duties under the provisions of this Agreement.

Section 16. Amendments.

Except as provided in Section 12 above, this Agreement shall not be amended, modified, or altered, unless the negative consent of each of the Members is obtained. To obtain the negative consent of each of the Members, the following negative consent procedure shall be followed: (a) the Authority shall provide each Member with a notice at least sixty (60) days prior to the date such proposed amendment is to become effective explaining the nature of such proposed amendment and this negative consent procedure; (b) the Authority shall provide each Member who did not respond a reminder notice with a notice at least thirty (30) days prior to the date such p roposed amendment is to become effective; and (c) if no Member objects to the proposed amendment in writing within sixty (60) days after the initial notice, the proposed amendment shall become effective with respect to all Members.

Section 17. Effectiveness.

This Agreement shall become effective and be in full force and effect and a legal, valid and binding obligation of each of the Members on the date that the Board shall have received from two of the Initial Members an executed counterpart of this Agreement, togethe r with a certified copy of a resolution of the governing body of each such Initial Member approving this Agreement and the execution and delivery hereof.

Section 18. Partial Invalidity.

If any one or more of the terms, provisions, promises, covenants or conditions of this Agreement shall to any extent be adjudged invalid, unenforceable, void or voidable for any reason whatsoever by a court of competent jurisdiction, each and all of the remaining terms, provisions, promises, covenants and conditions of this Agreement shall not be affected thereby, and shall be valid and enforceable to the fullest extent permitted by law.

Section 19. Successors.

This Agreement shall be binding upon and shall inure to the benefit of the successors of the parties hereto. Except to the extent expressly provided herein, no Member may assign any right or obligation hereunder without the consent of the other Members.

Section 20. Miscellaneous.

This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument.

The section headings herein are for convenience only and are not to be construed as modifying or governing the language in the section referred to.

Wherever in this Agreement any consent or approval is required, the same shall not be unreasonably withheld.

This Agreement shall be governed under the laws of the State of California.

This Agreement is the complete and exclusive statement of the agreement among the Members, which supercedes and merges all prior proposals, understandings, and other agreements, whether oral, written, or implied in conduct, between and among the Members relating to the subject matter of this Agreement.

IN WITNESS WHEREOF, the City of Concord has caused this Agreement to be executed and attested by its duly authorized representatives as of the ___ day of _____________, 2022.

Member:

CITY OF CONCORD

By
Name:

Title:

ATTEST:

By
Name:

Title:

From: Ezell, Justin
To: Barone, Valerie; McAuley, Wendy
Cc: Marstall, Kevin; Kain, Brenda; Huckabay, Sophia
Subject: RE: Questions about Item 5a
Date: Tuesday, February 22, 2022 10:48:29 AM
Attachments: Questions TEFRA Hearing 2.22.22.pdf
This email is being shared with all Councilmembers.

Councilmember Obringer,
The attached item is being benched in response to your questions below. Here are your questions and the responses:

1. Isn't 30% AMI very low income, not 80%, as is stated in the staff report? 50% is very low and 80% is low income. This was a typing error.

2. What kind of supportive services are going to be offered to tenants by the new property owners? Integrity Housing partners with local service providers or outside non-profits to meet the needs of residents. Service offerings in Integrity’s portfolio include after school homework clubs, resume building classes, healthy living seminars, financial literacy lessons, etc. Post-closing, a resident survey will be conducted to determine the demand for resident services and the specific desires of the community.

3. What is the rent now, and what will it be, for both the affordable units and the market rate units?
The weighted average market rent of in place residents is $1,965. Any rental increases that occur will be in accordance will all state, local and HUD based restrictions.

Additional detail is included on slide 13 of the powerpoint presentation distributed for the February 22 Council meeting.

4. Will the units be renovated with the tenants still living in the units, or will temporary housing be provided for them while the renovations are going on? Interior renovations will occur upon unit turnover. This will eliminate any potential tenant displacement.

Regards,
-Justin
Justin Ezell
Assistant City Manager
City of Concord
1950 Parkside Drive
Concord, CA 94519
(925) 671-3155
[email protected]
Benched Correspondence
Agenda Item No. 5.a
February 22, 2022

From: Obringer, Carlyn <[email protected]> Sent: Wednesday, February 16, 2022 10:38 PM
To: Barone, Valerie <[email protected]>; Ezell, Justin <[email protected]>
Subject: Questions about Item 5a

Hi Valerie and Justin,
I have a lot of questions about this.

Isn't 30% AMI very low income, not 80%, as is stated in the staff report? What kind of supportive services are going to be offered to tenants by the new property owners?
What is the rent now, and what will it be, for both the affordable units and the market rate units?
Will the units be renovated with the tenants still living in the units, or will temporary housing be provided for them while the renovations are going on?

Best Regards,
Carlyn

Carlyn Obringer
Councilmember, District 2
City of Concord

From: [email protected] <[email protected]>
Sent: Tuesday, February 22, 2022 10:39 AM
To: City Clerk <[email protected]>
Subject: February 22, 2022 Meeting Agenda, Item 5(a)

Read Aloud at Meeting
February 22, 2022 Meeting Agenda, Item 5(a)

Dear Council members,

I could not believe my eyes when I read the Council’s agenda that the Council is considering bringing a “Public Housing Project” to Concord’s downtown area.

As a life-long resident of Concord and a Concord commercial property and business owner, I urge you to vote “no” on Council item 5(a). Please vote “no” to the $45,000,000 purchase of the Lakes Apartments, a 102-unit market-rate apartment building located adjacent to Ellis Lake and just a couple of blocks from the city center, for low and very low-income housing.

While I am pleased that Concord is not going into the business of running a public housing project support, Integrity Housing is not a local organization, but is a Colorado corporation with an office in Irvine. Integrity Housing apparently manages 9 California projects of its 35 projects located elsewhere, and has no particular connection to Concord or its residents.

Pulling back the curtain on the transaction, Integrity Housing appears to be involved only because a non- profit is needed to qualify for the bond money. In contrast, Ascenda Capital, which is in contract to buy the Lakes Apartments, has built in a $2,000,000 fee for itself to rehabilitate the apartments, which the current property owner says is completed. See the Lakes Apartments website. Ascenda Capital also gets paid for overseeing Integrity Housing’s management of the project, and also overseeing Aperto, which is a for profit corporation based in Irvine and which will be performing the actual property management for the project. While Integrity Housing is a non-profit, it is clear that Ascenda Capital and Aperto are prepared to profit handsomely in both the short and 30-year term of the project. So, isn’t the City of Concord exchanging one-for profit operator of the Lakes Apartments for another?

The potential benefits of bringing a “Public Housing Project” to the City’s downtown area are grossly outweighed by the risk of harms to the City and our community. The City needs affordable housing. Prior to this “Public Housing Project”, the City has pursued affordable housing in a responsible, incremental way by requiring developer set-asides in the new projects that have been or are now rising in the City’s downtown area. While this “Public Housing Project” merely create 77 low and very low- income housing, I expect that this project will be no different than those in any other larger city. They start out with the best of intentions and degrade, bringing down the surrounding area.

Ellis Lake Park is and has been a higher crime area and every resident who has lived in Concord for any length of time knows it. Don’t be there after dark, and some will not even venture there in the daytime. Within the past couple of years, gang and drug crime, including murders, have occurred there, stretching Concord’s already undersized police force. Seventy-Seven units of low income and very low- income persons are not going to make things better and are not going to bring vitality to the downtown or its businesses.

Integrity Housing cannot commit that any of the affordable units will be occupied by seniors, the disabled or veterans. Unlike the Towers, which is a seniors-only facility permitted by law, Integrity Housing will have to follow California’ fair housing laws like any other landlord and rent to anyone who meets low or very low-income qualifications.

Taking market rate apartments out of the market rate housing stock will reduce the supply of such housing. Given the shrinkage of supply and certainly no abatement of demand means that market rate housing in Concord, which is already in short supply, will be more scarce and therefore more expensive. The rents for the apartments at the Lake Apartments are moderately priced. Further, those who rent the units and pay for their market rate apartments at the Lake Apartments will be evicted from their homes, regardless of how long they have lived in the building or how deeply they are rooted in Concord and the Ellis Lake community.

The cost is too high: $45,000,000, which is much more than the building’s current fair market value of $33,000,000. Why so high a cost? A significant part of the cost is unproductive money. The bond issuance will cost $2,429,000, and more than $7,500,000 is set aside for Ascenda Capital and Aperto to tap into. It is not free money, even if the City of Concord does not have to repay the bonds itself. We all do, if Integrity Housing does not.

Resist the temptation of “free” money. While the City can join the CMFA club for free and have no responsibility for repaying the $45,000,000 offered, the City’s taxpayers will foot the bill. And, Concord will have a “Public Housing Project” within blocks of the downtown the Council is seemingly working so hard to improve. The Project will lessen the stock of mid to lower-end market rate apartment units, drive up market rate rents, and, in the end, increase crime and decay in an area that already has more than its share of bad actors, while fattening the wallets of Ascenda Capital and Aperto Property Management, Inc.

Vote “no” on Council agenda item 5(a).

Respectfully submitted,

Robert J. Hooy
Concord, CA 94521

Tax Equity and Fiscal
Responsibility Act (TEFRA)
The Lakes Apartments
1818, 1819, 1850 Laguna Street, Concord, CA

TEFRA
• A TEFRA hearing is mandated by the IRS to provide a reasonable opportunity for interested individuals to express t
heir views, either orally or in writing, on the issuance of tax-exempt bonds and the nature of the improvements and projects for which the bond funds will be allocated • Integrity Housing has asked that the California Municipal Finance Authority (the “CMFA”) be the issuer of 5 01(c)(3) tax-exempt financing to finance the acquisition and rehabilitation of a multifamily rental housing project located at 1818, 1819, 1850 Laguna Street, Concord, California • The debt to be issued by the CMFA will be the sole responsibility of the Borrower and the City of Concord will ha
ve no financial or legal obligations or responsibilities with regard to the repayment of the debt. All financing documents will carry disclaimers that the loan is not an obligation of the City. The City will also bear no costs in the issuance of the proposed debt. Upon issuance of the bonds, the city will receive a one-time payment of $15,000 in revenue
• Integrity Housing will be applying for a welfare tax-e xemption with Contra Costa County and the California State Board of Equalization. After approval, funds that would otherwise go to property taxes are allocated to restrict rents for lower income households as well as provide significant capital improvements to the property. 75% of the units will be designated as affordable units. Units designated to market rate tenants will continue to accrue annual property taxes. Integrity Housing anticipates $29,900 to be exempt from annual property taxes and $17,900 to be paid on an annual basis.
2

Development Team
The Alhambra at Mace
Ranch – Davis, CA
• Over 20 years of experience as a nonprofit developer of affordable multi-f amily housing
• Portfolio consists of 3,000 units spread across 35 affordable housing communities • 9 communities located in the Northern California region with 2 new communities currently in development
• Experienced in owning and operating affordable communities of all sizes • Expertise in the provision of services to our residents and the local communities in which our apartment communities are located. Upon acquisition or the opening of a new property, Integrity conducts a survey of the property residents to understand their needs and tailor resident services offerings to meet this demand.

Dutton Flats Apartments – Santa Rosa, CA
3

• The California Municipal Finance Authority’s (“CMFA”) is a joint powers authority formed in 2004 to assist local governments, n
on-profit organizations, and businesses with the issuance of both taxable and tax-exempt debt. Their mission is to support economic development, job creation, and social programs throughout the State of California. The CMFA is governed by the Board of Directors of the California Foundation for Stronger Communities (Foundation), a 5-member board. • The CMFA mission is to support economic development, job creation and social programs throughout the State of California w
hile giving back to California communities. By supporting our member communities and their local charities with a portion off the revenue generated through the issuance of taxable and tax-exempt bonds for public, private and non-profit entities, the CMFA is able to directly contribute to the health and welfare of the residents of California. • The CMFA shares 25% of all issuance fees directly with its member communities. If Concord joins the CMFA JPA, the CMFA a
nticipates that Concord will receive $15,000 in issuance fees. Members include towns, cities, counties, and special districts within California. In addition, a grant equal to 25% of the issuance fee is made to the California Foundation for Stronger Communities (“CFSC”) to fund charities designated by the member communities. A portion of the annual fees received by the CMFA will also be directed to charitable activities within California communities. This unique commitment to “give back” directly to the communities in which we operate sets the CMFA apart. 4 Bond Issuers

• Affordable housing developer serving as the project administrator and asset manager • Oversees rehabilitation, construction, and third-party management • Extensive experience in creating workforce and affordable housing through public-private partnerships that positively impacts local communities in need of affordable housing Project Administrator & Property Manager
• Property manager with 30 years of management experience and are exceptionally skilled in the following:
• Affordable Housing Compliance, Marketing, Leasing, Maintenance, Accounting/Financial Reporting, Resident Service, Retention Programs, Capital Asset Preservation Programs • Currently manages over 10,000 affordable housing units across 100 communities in California 5

Integrity Housing – Northern California Properties
Current (8)
In Development (2)
Under Contract (2)
The Lakes Apartments
6

• Highlander Point
• 132-u nit multifamily community in Riverside, CA
• Rent Restrictions at 50% AMI & 80% AMI levels
• $500,000 of financing proceeds were used for capital repairs to include b
oiler energy efficiency upgrades, repairs to swimming pool and fitness center and the completion of unit interior updates
Integrity Housing – Comparable Properties
7 • The Cascades
• 112-unit multifamily community located in Sacramento, CA • Capital rehabilitation plan was implemented to address deferred maintenance and reimplement resident services, which had previously been discontinued
• LifeSteps was selected as the resident services provider and implemented programs such as Healthy Lifestyles, Physical Exercise, Financial Budgeting & Wellness, Career Paths, and individual case management as needed
The Cascades – Sacramento CA
Highlander Point – Riverside CA

Project Description
• Address: 1818, 1819, 1850 Laguna Street, Concord, CA
• 102 Unit Affordable Multifamily Acquisition-R ehabilitation financed with 501(c)(3) bonds • Year Built: 1967
• Three 3-S tory Buildings comprised of one and two -bedroom apartment units • Integrity Housing & CMFA will impose a 30-y ear regulatory agreement restricting 75% of units to serve low and very low-income families
• Property in close proximity to major employers, transportation access, medical center, retail, a
nd schools
8

Project Photos
9

Project
Location
Proximity to:
• Highway Access
• Schools
• Retail
• Medical Center
• Major Employers
• Concord City Hall
• Buchanan Field Airport
10

Project Location cont.

Proximity to:
• Concord BART Station
• Ellis Lake Park
• Todos San tos Plaza
• Heart of Downtown
11

Affordability
• Integrity Housing & CMFA will impose a regulatory agreement restricting 75% of units t
o serve low and very low-income families (77 out of 102 units):
• 20% of units to serve families that earn at or below 50% of area median income (AMI) • 55% of units to serve families that earn at or below 80% of area median income (AMI) • 25% of units market rate (25 units)
• Affordable housing units will qualify for City’s RHNA allocation • Recent AB 787 legislation in effect January 1, 2022, qualifies any converted unit that is 10% less t
han the average monthly rent charged over 12-months prior to deed-restricted housing for moderate- or low-income housing towards 25% of city’s regional housing needs allocation • No displacement of existing tenants:
• Any existing tenants that income qualify for low or very low income set aside units will receive r
ent reduction upon lease renewal
• Any existing tenants that are over income qualified will not be asked to leave and will have full f
reedom to stay as long as they like
12

Affordable Rent Analysis
Unit Type Low Income
50% AMI
Median Income
80% AMI
One Bedroom $1,092 $1,846
Two Bedroom $1,216 $2,064
Weighted Avg. $1,139 $1,929
Converted Affordable Rents
Unit Type Market Rents
One Bedroom $2,100
Two Bedroom $2,300
Weighted Average $2,176
Market and In-Place Rents
Agency Program
Discount to
Market Rents

47.66% 11.35%
13 Unit Type In Place Rents
One Bedroom $1,850
Two Bedroom $2,150
Weighted Average $1,965 Page 38 of 40
Project Renovation
• The property has already undergone interior renovations on select units (57 renovated, 45 unrenovated) • Integrity Housing plans to continue renovations on all un-r enovated units including – vinyl plank flooring and new carpet, new counter tops in kitchen and bathrooms, new cabinets and vanities, new fixtures and modern lighting, new appliances
• The property has already undergone significant exterior r
enovations including recently renovated pool and new
plumbing, new parking ingress and egress gates, recently renovated pool office, deck enclosures, and catwalk railings throughout the exteriors. Integrity plans to continue exterior renovations.
• Rehabilitation Budget: $2,000,000 ($19,608/unit)
Renovated Interior at The Lakes

Public Benefits
• Immediate creation of much needed affordable housing in an area with rising rents • The property will be converted from market-r ate to affordable housing immediately after close of escrow.

From start (execution of Purchase and Sale Agreement) to finish (close of escrow), the creation of affordable housing can be as quick as 60 days. At closing, a self-imposed regulatory agreement that restricts the project to 50% and 80% AMI will be in effect.
• Property in close proximity to major employers, medical center, retail, and schools • The project aims to provide quality housing and moderate rents for the “missing middle” working class. Rent r
estrictions imposed in the regulatory agreement ensure that these essential workers, which include first- responders, hospital and healthcare staff, teachers, and veterans, will stay in the communities they work. • City of Concord’s RHNA numbers will be boosted without using any resources from the city • The affordable units will qualify for RHNA numbers and does not require and financial obligation or risk t
o the City of Concord.
• No financial obligation is required from the city
• The City of Concord will not be responsible for any costs associated with the project, renovation c
apital, costs to operate the property, and more.
15

Staff Report
Date: January 22, 2022
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Justin Ezell, Assistant City Manager
Prepared by: Joelle Fockler, MMC, City Clerk
[email protected]
(925) 671-3390
Subject: Considering introduction of an Ordinance amending Concord Municipal Code Chapter 2.10 (Officers and Employees), Article II (Compensation), Section 2.10.020 (Councilmembers)
increasing Councilmember compensation by 6 percent (3
percent and 3 percent, not compounded), to $1,433.12 per month, to be effective after the November 2022 City Council election by reading of the title only and waiving further reading.

Report in Brief
Introduction of an Ordinance amending Concord Municipal Code Chapter 2.10 (Officers and Employees), Article II (Compensation), Section 2.10.020 (Councilmembers) increasing Councilmember compensation by 6 percent, (3 percent and 3 percent, not compounded), to $1,433.12 per month, to be effective after the November 2022 City Council election by reading of the title only and waiving further reading.

Recommended Action
Introduce an Ordinance amending Concord Municipal Code Chapter 2.10 (Officers and Employees), Article II (Compensation), Section 2.10.020 (Councilmembers) increasing Councilmember compensation by 6 percent (3 percent and 3 percent, not compounded), to $1,432.12 per month, to be effective after the November 2022 City Council election by reading of the title only and waiving further reading.

5.b5.b

City Council Agenda Report
Agenda Item No. 5.b
January 22, 2022
Background
State law regulates maximum compensation for councilmembers and when those adjustments can become effective. Currently, Council compensation is $1,352 per month, or $16,224 per year, an amount approved in June 2018 for implementation following the General Election of 2018. This represented a 4 percent increase from the prior rate of compensation, which had remained unchanged for 10 years. With the adoption of the 2018-19 and 2019-20 biennial budget, Council directed staff to bring the topic of Council compensation forward every two years when the Council considers the biennial budget. Council’s reason for doing so was to avoid the possibility of large increases at some point in the future, as would be allowed under state law, were Council to decline to address their compensation on a more regular basis.

On June 11, 2019, the City Council introduced an Ordinance establishing a 6 percent (3 percent for each of two years, not compounded) increase in Councilmember compensation to be effective after the November 2020 City Council election. Because of the COVID-19 pandemic and cuts made to the 2020-19 budget, the Ordinance was never brought back for adoption.

According to State law, Council salaries may be adjusted by up to 5 percent per calendar year since the salary was last established, and increases cannot be compounded. Furthermore, the change in compensation may not apply until after a term in office, or following the General Election of 2022. On January 25, 2022, the City Council considered an increase in compensation and directed staff to return to the City Council with an ordinance establishing a 6 percent (3 percent and 3 percent increase, not compounded), to be effective after the November 2022 election.

Analysis
In June 2019 and January 2022, Council supported a modest increase to Council salaries as a means of removing the potential for a much larger increase as would be allowed by State law should no action to change Council compensation be taken.

An Ordinance has been prepared for introduction that establishes a 6 percent (3 percent for each of two years, not compounded) increase in Councilmember compensation to be effective after the November 2022 City Council election. The cost of this increase within the two-year budget is $2,839.20 and includes the months of December 2022 through June 2023.

Financial Impact
The increase to the 2021-2023 Biennial Operating Budget is $2,839.20.

Public Contact
The City Council Agenda was posted.

City Council Agenda Report
Agenda Item No. 5.b
January 22, 2022
Attachment

1. Ordinance increasing Councilmember compensation by 6 percent (3 percent for two years, not compounded), to $1,433.12 per month, effective after the November 2022 City Council election

Ord. No. 21-XX 1
ORDINANCE NO. 22-XX

AN ORDINANCE AMENDING CONCORD MUNICIPAL CODE
CHAPTER 2.10 (OFFICERS AND EMPLOYEES), ARTICLE II
(COMPENSATION), SECTION 2.10.020 (COUNCILMEMBERS)
INCREASING COUNCILMEMBER COMPENSATION BY 3
PERCENT AND 3 PERCENT, NOT COMPOUNDED, TO $1,433.12
PER MONTH, TO BE EFFECTIVE AFTER THE NOVEMBER 2022

CITY COUNCIL ELECTION

RECITALS
WHEREAS, Government Code section 36516 provides that a City Council may enact an ordinance setting the salary for each member of the City Council, the amount of which shall be based upon population; and
WHEREAS, the City Council adopted Ordinance No. 06-13 on November 28, 2006, effective following the November 2008 election, setting City Council compensation at $1,300 per month; and WHEREAS, the City Council adopted Ordinance No. 18-4 on June 12, 2018, effective after the November 2018 election, setting City Council compensation at $1,352 per month; and WHEREAS, Concord Municipal Code 2.10 (Officers and Employees), Article II (Compensation), Section 2.10.020 (Councilmembers) provides that each City Councilmember shall receive a salary of $1,352 per month; and
WHEREAS, Government Code section 36516(c) provides that City Council salaries may increase by up to five percent (5%) for each calendar year from the operative date of the last adjustment of the salary in effect; and
WHEREAS, the Concord City Council desires to increase Councilmember compensation by three percent (3%) and three percent (3%), not compounded, from $1,352 per month to $1,433.12 per month; and
WHEREAS, California Government Code section 36516.5 prohibits any change in compensation until one councilmember commences a new term of office; and WHEREAS, the next general municipal election is to be held on November 3, 2022.

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

Attachment 1

Ord. No. 22-XX 2
Section 1. Concord Municipal Code 2.10 (Officers and Employees), Article II (Compensation), Section 2.10.020 (Councilmembers) is hereby amended to read as follows:

Each City Councilmember shall receive compensation of $1,433.12 per month for services to the City as a Councilmember.

Section 2. The compensation rates shall go into effect for all City Councilmembers, pursuant to Government Code section 36516.5, when one or more members of the City Council become eligible for a salary increase by virtue of that member beginning a new term of office following the November 8, 2022, general municipal election.

Section 3. In the event a summary of said ordinance is published in lieu of the entire ordinance, a certified copy of the full text of this ordinance shall be posted in the office of the City Clerk at least five (5) days prior to its adoption and within fifteen (15) days after its adoption, including the vote of the Councilmembers. Additionally, a summary prepared by the City Attorney’s Office shall be published once at least five (5) days prior to the date of adoption of this Ordinance and once within fifteen (15) days after its passage and adoption, including the vote of the Councilmembers, in the East Bay Times, a newspaper of general circulation in the City of Concord.

Dominic Aliano
Mayor
ATTEST:

Joelle Fockler, MMC
City Clerk
(Seal)
//
//
//
//
//

Ord. No. 22-XX 3
Ordinance No. 22-XX was duly and regularly introduced at a regular meeting of the City Council of the City of Concord held on February 22, 2022, and was thereafter duly and regularly passed and adopted at a regular meeting of the City Council of the City of Concord on March 22, 2022, by the following vote:

AYES: Councilmembers -
NOES: Councilmembers -
ABSTAIN: Councilmembers -
ABSENT: Councilmembers -
I HEREBY CERTIFY that the foregoing is a true and correct copy of an ordinance duly and regularly introduced, passed, and adopted by the City Council of the City of Concord, California.

Joelle Fockler, MMC
City Clerk