Agenda packet — Concord City Council, June 28, 2022 (part 1 of 7)

1 COUNCILMEMBERS
Dominic D. Aliano, Mayor
Laura M. Hoffmeister, Vice Mayor
Edi E. Birsan
Timothy A. McGallian
Carlyn S. Obringer
Civic Center
1950 Parkside Drive
Concord, CA 94519
www.cityofconcord.org
Regular Meeting of the
Concord City Council/City
Council Sitting as the
Local Reuse
Authority/City Council
Sitting as the ConcordPleasant Hill Health Care
District
Tuesday, June 28, 2022 6:00 p.m. - Closed Session
6:30 p.m. - Open Session
Closed Session: City
Council Conference
Room
1950 Parkside Drive
Open Session: Council
Chamber
1950 Parkside Drive
and Various
telephonic/electronic
locations
NOTICE: The Closed Session portion of the meeting agenda will be held in person only in the City Council Conference Room, 1950 Parkside Drive. Public Comment for the Closed Session item will be taken in person only when the Closed Session begins at 6 p.m.

Members of the City Council, City staff/consultants, and the public will be able to participate in the Open Session either inperson or remotely via Zoom. 2 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. Tonight’s meeting will be conducted both in-person and remotely via Zoom.

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  Join the Zoom webinar by following THIS LINK
How to Submit Public Comments:

Please note that emailed comments will not be read aloud by staff.

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

To Participate in Public Comment During the Meeting:

Please note that emailed comments will not be read aloud by staff.

In-Person Comments: Blue Speaker Identification Cards are located near the Council Chamber entrance. Please complete a Speaker Card and give it to the City Clerk prior to the agenda item you wish to speak on and preferably prior to the Council meeting. When the Mayor opens a public comment period, the City Clerk will call speakers to provide comment in the order the Speaker Cards are received. Should you have any questions after consulting the Speaker Identification Card, please contact the City Clerk prior to the start of the Council meeting.

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/83444300216?pwd=dmZBSjVHWWNFaGg4aDVGTHFGc0hVQT09 o Webinar ID: 834 4430 0216
o Passcode: 753419
o By phone: US: +1 669 900 6833 or +1 346 348 7799 or 1 253 215 8782 3  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 called upon to speak, speakers will be promoted to panelists so they have the ability to turn on their cameras so they are visible to the Council and public.

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.
4 CLOSED SESSION

1. OPENING
Roll Call

2. PUBLIC COMMENT
Please see “How to Submit Public Comments” above.

3. CLOSED SESSION
a. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code)
Name of case: City of Long Beach, et al. v. Monsanto Company, United States District Court for the Central District of California, Case No. 2:16-cv03493-FMO-AS (class action).

CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION
(Paragraph (4) of subdivision (d) of Section 54956.9 of the Government Code)
Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: One potential case.

4. RECESS TO OPEN SESSION

5. OPENING
Roll Call
Pledge of Allegiance – Councilmember Obringer

6. 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.

7. ANNOUNCEMENTS
a. Announcing – a recruitment to fill an unscheduled vacancy on the Planning Commission for a term ending February 28, 2023; and setting a deadline of Friday, July 29, 2022, at 5 p.m. as the deadline for receipt of applications by the City Clerk. Report by Joelle Fockler, City Clerk.
5 8. CITY COUNCIL/LOCAL REUSE AUTHORITY/CONCORD-PLEASANT HILL

HEATH CARE DISTRICT (CPHHCD) CONSENT CALENDAR
The public is entitled to address the City Council/LRA/CPHHCD on items appearing on the Consent Calendar before or during the City Council’s/LRA’s/CPHHCD’s consideration of the Consent Calendar. Adoption of the Consent Calendar may be made by one motion of the City Council/LRA/CPHHCD, 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.

CITY COUNCIL/LRA/CPHHCD CONSENT CALENDAR
a. Considering – adoption of a Resolution declaring the ability of the City Council, Local Reuse Authority, Concord/Pleasant Hill Health Care District, standing City Council Subcommittees, and all City boards, commissions (including the Planning Commission), and committees to continue to meet remotely, pursuant to AB 361. Recommended by the City Clerk.

CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, 14 Cal Code Reg. Sections 15060(c)(2), 15060(c)(3), 15061(b)(3) and/or 15378.

LOCAL REUSE AUTHORITY CONSENT CALENDAR
b. Considering – the approval of 10 Professional Services Agreements (PSAs) for various consultant services for the Local Reuse Authority's (LRA) work related to the redevelopment of the former Concord Naval Weapons Station (CNWS) for a total not-to-exceed amount of $464,000; and authorizing the Executive Director of the LRA to execute the agreements in a form acceptable to the City Attorney. (Existing loans from the City to the LRA and/or Master Developer Deposit.) Recommended by the Director of Economic Development and Base Reuse.

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

CITY COUNCIL CONSENT CALENDAR
c. Considering – adoption of Ordinance No. 22-9 entitled, "An Ordinance Amending the Concord Municipal Code by Adding Chapter 19.50 "Residential Tenant Anti-Harassment Protection." Ordinance No. 22-9 was introduced on June 14, 2022, by reading of the title only and waiving further reading.

Recommended by the City Clerk.

CEQA: Not a project/exempt pursuant to CEQA Guidelines Sections 15060(c)(2), 15061(b)(3), 15378 and/or Public Resources Code Section 21065.
6 d. Considering – the following for the Pothole and Base Repair #2, Port Chicago and Bates (Project No. 2556):

1. Award a construction contract in the amount $1,588,818 to Ghilotti Brothers, Inc., and authorize Staff to utilize the available project contingency for contract change orders that become necessary up to 20% of the contract amount; and authorize the Mayor to execute the contract in a form acceptable to the City Attorney.

2. Approve Task Order #2 for MNS Engineers, Inc. in the not-to-exceed amount of $200,816 (base agreement of $182,560 plus staff authority to spend up to a 10% contingency of $18,256) for construction management, inspection, and materials testing services; and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney.

Recommended by the Director of Community Development.

1. Award of a Construction Contract in the amount of $180,390 to Ray’s Electric for Traffic Safety Around Schools [Project No. 2576], 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. Recommended by the Director of Community Development.

2. Approving a related budget transfer of $50,000 from the School Safety Assessment Program [Project No. 2539] (State HSIP Funds and Measure J) CEQA: Not a project/exempt per CEQA Guidelines Sections 15060 (c), 15061 (b)(2), 15061 (b)(3), 15273, 15282 (j), 15378, 15301, Public Resources Code Section 21065 and/or 21080.19.
f. Considering – acceptance of improvements for the Citywide Accessibility Improvements No. 8 [Project No. 2519] located at various locations on Argyll Avenue, Broadmoor Avenue, Mayfair Avenue, Richard Avenue, Eastgate Avenue, Courtland Drive, Westgate Avenue, Kay Avenue, and Edward Avenue; and directing the City Clerk to file a Notice of Completion.

Recommended by the Director of Community Development.
g. Considering – design approval of the Galindo Creek Restoration Project and authorizing the City Manager to execute a Park Maintenance Agreement with Macerich HHF Broadway Plaza, LLC. Recommended by the Director of Community Development.

CEQA: Not a project/exempt per CEQA Guidelines Section 15333. 7 h. Considering – approval of a two-year agreement with an automatic renewal provision of successive three (3) year terms between the City of Concord and Contra Costa County for the provision of animal control services; and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney. Recommended by the Assistant City Manager. i. Considering – approval of various annual license and maintenance agreements for IT hardware and software in the total amount not to exceed $988,525 for the 2022-23 Fiscal Year; and authorizing the Director of Information Technology to execute agreements and supporting documents in a form acceptable to the City Attorney. (General Fund) Recommended by the Director of Information Technology.
j. Considering – approval of a Professional Services Agreement with Hope Solutions in the amount of $870,675 to administer the Rapid Rehousing for Unhoused Residents program funded through Permanent Local Housing Allocation (PLHA) Grant Funds for two years (July 1, 2022 through June 30, 2024), and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney. Recommended by the Director of Community Development.

CEQA: Not a project/exempt pursuant to CEQA Guidelines Sections 15060(c), 15061(b)(3), 15378, and/or Public Resources Code Section 21065. k. Considering – adoption of a Resolution authorizing the City Manager to submit the City of Concord FY 2022/23 Action Plan to the U. S. Department of Housing and Urban Development (HUD) consistent with the program rules which govern the receipt and expenditure of Community Development Block Grant Funds (CDBG) allocated by HUD during Fiscal Year 2022/23.

Recommended by the Director of Community Development.

CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b), 15378, and/or Public Resources Code Section 21065. l. Considering – the following for Willow Pass Road Signal Upgrade Project, Project No. 2538:

1. Award of a construction contract in the amount of $2,147,000 to St. Francis Electric, LLC; authorizing staff to utilize the available project contingency for contract change orders that become necessary up to 10% of the contract amount; and authorizing the Mayor to execute the contract in a form acceptable to the City Attorney; and

2. Approval of an Agreement for Professional Services with Park Engineering, Inc. in the not-to-exceed amount of $177,627 (base agreement of $161,479.19 plus staff authority to spend up to a 10% contingency of $16,479.81) to provide construction management, inspection, and materials testing services; and authorizing the City Manager to execute the agreement 8 in a form acceptable to the City Attorney. Recommended by the Director of Community Development.

CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(2), 15061(b)(3), 15273, 15282(j), 15378, 15301, 15302, 15303, 15304, 15305, Public Resources Code Section 21065, and/or 21080.19. m. Considering – approval of a Professional Services Agreement with Swinerton Management & Consulting for the Citywide Traffic System Upgrade Project [Project No. 2493] in the not-to-exceed amount of $261,519 (base agreement of $237,745 plus staff authority to spend up to a 10% contingency of $23,774) for construction management and inspection services and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney. (Federal HSIP, Gas Tax, OSIP, and Measure V Funds) Recommended by the Director of Community Development.

CEQA: Not a project/exempt per CEQA Guidelines Sections 15060 (c), 15061 (b)(3), 15273, 15378, and/or Public Resources Code Section 21065. n. Considering – award of purchase of two 2022 Tymco Model 600 street sweepers in the amount of $684,433.94 to Tymco Inc. (Annual Vehicle Replacement Fund) Recommended by the Director of Public Works. o. Considering – the appointment of Jill Finn to fill and unscheduled vacancy for a design professional on the Design Review Board for a term ending February 28, 2025. Recommended by the Council Committee on Housing and Economic Development.
p. Considering – the following actions:
(1) Adoption of a Resolution approving and ratifying a Letter of Agreement with the Concord Police Association amending Attachment A – Pay Schedule of the Memorandum of Understanding executed by the Director of Human Resources in her capacity as the City Manager's designee; and (2) Approval of appropriation of $1 million of Measure V ongoing revenue and $200,000 from the unallocated General Fund reserve in order to fund $1.2 million for Fiscal Year 2022-23. (General Fund and Measure V Fund) Recommended by the Director of Human Resources.

CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(3), 15378(b)(4) , and/or 15378(b)(5).
q. Considering – authorizing the write-off of uncollectible accounts receivable in the amount of $46,468 Recommended by the Director of Finance. 9 9. CITY COUNCIL CONSIDERATION ITEMS
The public is entitled to address the City Council on items appearing on the agenda before or during the City Council’s consideration of that item. Each speaker will be limited to approximately three minutes. Please see “How to Submit Public Comments” above. a. Considering – adoption of a Resolution approving exception to the 180 day waiting period to hire a CalPERS retired annuitant in accordance with Government Code Sections 7522.56 and 21224. Report by Kevin Halm, Provisional Police Lieutenant.

CEQA: Not a project/exempt per Public Resources Code Section 21065, 14 Cal. Code Regs. Sections 15060(c)(2), 15060(c)(3), 15378, 15061(b)(2), 15061(b)(3) and/or 15378(b)(4).
b. Receive – a presentation on options for addressing Unfunded Personnel Liabilities and consider providing direction to staff on next steps, if any, for developing funding plan(s) for addressing the City's unfunded personnel liabilities. Report by Karan Reid, Director of Finance.

CEQA: Not a project/exempt per Public Resources Code Section 21065, 14 Cal Code Regs. Sections 15060(c)(2), 15060(c)(3), 15378, 15061(b)(2), 15061(b)(3) and/or 15378(b)(4).

10. 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 – a Resolution adopting the City of Concord’s Two-Year Capital Improvement Program (CIP) Budget for Fiscal Years (FY) 2022-2023 and 2023-2024 and Five-Year Capital Improvement Plan FY2022-2027. Report by Kevin Marstall, Director of Community Development.

CEQA: Not a project/exempt under Public Resources Code Section 21065, CEQA Guidelines Section 15060(c)(2), 15061(b)(3), 15262, and/or 15378. 10 b. Considering – the following:

1. Adoption of a Resolution amending the Fiscal Year 2022-23 Municipal Budget.

2. Approval of a sixth amendment and direction to the City Manager to execute the Amendment to a Professional Services Agreement with Contra Costa County Health Services, Agreement No. 5606, in an amount not to exceed $400,000, and extending the existing contract through June 30, 2023 to continue the Coordinated Outreach Referral and Engagement (CORE) program in Concord with two full-time CORE staff members and the full-time Masters Level Social Worker, with an option for the City Manager to extend the contract for up to two additional one year periods in a form acceptable to the City Attorney.

3. Direction to the City Manager to enter into an Interagency Agreement Contract Extension with Contra Costa County Health Services, Agreement No. 28-95 in substantially the form attached hereto, in an amount not to exceed $260,000, to continue the Concord Mental Health Evaluation Team (MHET) that will work full-time within the Concord City limits, and grant authority to the City Manager to extend the Interagency Agreement for two additional one year terms in a form acceptable to the City Attorney.

4. Adoption of a Resolution Adopting the City of Concord’s Salary Schedule Effective July 11, 2022 in Accordance with the Requirements of California Public Employees Retirement System (CalPERS) for a Publicly Available Pay Schedule.

5. Adoption of a Resolution establishing the Appropriation Limit for the City of Concord for Fiscal Year 2022-23, pursuant to California Constitution Article XIII B. Report by Donna Lee, Budget and Treasury Officer.

CEQA: Not a project/exempt per Public Resources Code Section 21065, 14 Cal Code Regs. Sections 15060(c)(2), 15060(c)(3), 15378, 15061(b)(2), 15061(b)(3) and/or 15378(b)(4).

11. REPORTS AND ANNOUNCEMENTS
Closed Session Announcements
City Manager or Staff Reports
11 Council Reports
a Considering – the formation of a Council Ad Hoc Committee to participate and assist in the term sheet discussions between the City of Concord Local Reuse Authority (LRA) and Concord First Partners, LLC (CFP) as the draft term sheet is prepared and ultimately presented to the City Council. Additionally, the Committee will support staff and CPF in state and federal outreach taken to fulfill the goals and objectives of the term sheet, including identifying funding sources.

The ad-hoc will cease to exist on June 27, 2023, unless disbanded sooner. Report by Mayor Aliano.

12. CORRESPONDENCE
Correspondence received at the City Council meeting will be listed here on the Annotated Agenda. a. Letter to Senators Umberg and Eggman in support of Senate Bill 1338 Community Assistance, Recovery, and Empowerment (CARE) Court Program dated June 9, 2022

13. ADJOURNMENT
The City Council does not meet in July.

Next Meeting: Regular Meeting
Date: August 9, /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.

Staff Report
Date: June 28, 2022
To: City Council
From: Valerie J. Barone, City Manager
Prepared by: Joelle Fockler, MMC, City Clerk
[email protected]
(925) 671-3390
Subject: Announcing a recruitment to fill an unscheduled vacancy on the Planning Commission for a term ending February 28, 2023; and setting a deadline of Friday, July 29, 2022, at 5 p.m. as the deadline for receipt of applications by the City Clerk.

Report in Brief
In accordance with Policy and Procedure No. 89, this announcement initiates a recruitment to fill an unscheduled vacancy on the Planning Commission for a term ending February 28, 2023.

Recommended Action
Announce a recruitment to fill an unscheduled vacancy on the Planning Commission for a term ending February 28, 2023; and set Friday, July 29, 2022, at 5 p.m. as the deadline for receipt of applications by the City Clerk.

Background
Due to the resignation of Mark Weinmann effective June 16, 2022, there is an unscheduled vacancy on the Planning Commission. This recruitment is to complete Mr.

Weinmann’s term that ends February 28, 2023. Pursuant to Government Code Section 54974 (the Maddy Act), a Notice of Vacancy for the unscheduled vacancy was posted by the City Clerk on June 16, 2022.

The Planning Commission consists of five members serving staggered four-year terms. All members must be residents of Concord. The Planning Commission meets the 1st and 3rd Wednesday of each month at 6:30 p.m. in the City Council Chamber at 1950 Parkside Drive and telephonically/electronically via Zoom, and members receive a small stipend per meeting. Members are expected to develop and maintain a long range comprehensive

7.a

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City Council Agenda Report
Agenda Item No. 7.a
June 28, 2022
General Plan of the Concord planning area, review developments, tentative subdivision maps, use permits, and rezoning applications. Planning Commission meetings are televised live on Channel 28 (Comcast) and Channel 29 and 1026 (Astound (formerly Wave)), and Uverse Channel 99.

Public Contact
The City Council Agenda was posted. A news release will be issued and distributed, and the current members will be notified. The announcement will be televised on the Concord TV Cable Channel, Channel 28 (Comcast), Channel 29 and 1026 (Astound (formerly Wave)), and U-verse Channel 99 Community Bulletin Board. The news release will be posted at the Concord Senior Center, Concord Police Department, the Concord Library, in the City’s agenda display case, on the City’s website, and via social media.

Attachment

1. Concord Municipal Code Excerpt for Planning Commission

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Article VIII. Planning Commission
Cross references: Planning and development, Title 19.

2.20.350 Membership; compensation of members.

The Planning Commission shall consist of five voting members to be appointed by the City Council.

Members of the Planning Commission shall be citizens of the city who hold no other municipal office in the city. The basis and amount of compensation to paid members of the Planning Commission shall be determined and set by resolution of the City Council. (Code 1965, § 2401; Code 2002, § 2-471. Ord. No. 226; Ord. No. 687; Ord. No. 990; Ord. No. 1006)

2.20.360 Terms of members.

Members shall serve at the pleasure of the City Council for staggered terms of four years. The City Council reserves the right to make appointments for an adjusted term period to maintain a staggered term structure. Any member who absents himself from three meetings of the Planning Commission within a fiscal year without being excused will be deemed to have resigned his office, and the City Council may appoint a new member to serve in the place of such absent member. (Code 1965, § 2402; Code 2002, § 2-472. Ord. No. 526; Ord. No. 687; Ord. No. 990; Ord. No. 1006; Ord. No. 10-2; Ord. No. 15-3, § 8)

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

The Planning Commission shall adopt rules of procedure and designate committees and task forces by resolution. Said resolution shall not be effective until approved by the City Council. (Code 1965, § 2403; Code 2002, § 2-473. Ord. No. 226; Ord. No. 1006)

2.20.380 Vacancies.

All vacancies occurring on the Planning Commission shall be filled according to the methods of their original selection, and the new member shall serve at the pleasure of the Council for the unexpired term of their respective predecessor.
(Code 1965, § 2404; Code 2002, § 2-474. Ord. No. 70; Ord. No. 226; Ord. No. 687; Ord. No. 1006)

2.20.390 Powers and responsibilities.

The Planning Commission is the planning agency of the city. It shall have powers and functions as follows:
(1) All those functions and powers as provided by state law (Government Code §§ 65100-- 65700 as amended);
(2) All duties, powers, and functions as in this Code provided; (3) Such other functions as the City Council may from time to time provide. (Code 1965, § 2405; Code 2002, § 2-475. Ord. No. 70; Ord. No. 1006) Attachment 1

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Staff Report
Date: June 28, 2022
To: City Council
From: Valerie J. Barone, City Manager
Prepared by: Joelle Fockler, MMC, City Clerk
[email protected]
(925) 671-3390
Subject: Considering adoption of a Resolution declaring the ability of the City Council, Local Reuse Authority, Concord/Pleasant Hill Health Care District, standing City Council Subcommittees, and all City boards, commissions (including the Planning Commission), and committees to continue to meet remotely, pursuant to AB 361.

CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, 14 Cal Code Reg. Sections 15060(c)(2), 15060(c)(3), 15061(b)(3) and/or 15378.

Report in Brief
Adopt a Resolution declaring the ability of the City Council, Local Reuse Authority, Concord/Pleasant Hill Health Care District, standing City Council Subcommittees, and all City boards, commissions (including the Planning Commission), and committees to continue to meet remotely, pursuant to AB 361.

Recommended Action
Adopt a Resolution declaring the ability of the City Council, Local Reuse Authority, Concord/Pleasant Hill Health Care District, standing City Council Subcommittees, and all City boards, commissions (including the Planning Commission), and committees to continue to meet remotely, pursuant to AB 361.

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City Council Agenda Report
Agenda Item No. 8.a
June 28, 2022
Background
On March 4, 2020, the Governor of the State of California (“Governor”) issued a Proclamation of a State of Emergency due to COVID-19. Such proclamation remains in effect, as are the facts, circumstances, and emergency under which it was issued.

On March 17, 2020, Governor Newsom issued Executive Order N-29-20 allowing local legislative bodies to hold meetings via teleconference and to make meetings accessible electronically without violating the open meeting laws found in the Ralph M. Brown Act (California Government Code Sections 54950 et seq., “Brown Act”).

On March 19, 2020, the City Council adopted Resolution No. 20-12 ratifying the City of Concord Director of Emergency Services Proclamation of Local Emergency dated March 13, 2020.

Since the enactment of the Executive Order, local legislative bodies in California have been able to hold public meetings by “teleconference” (a term that includes video conferencing) without complying with all the following Brown Act requirements for teleconference meetings.
 Give notice of each teleconference location from which a member will be participating in a public meeting and each teleconference location must be specifically identified in the meeting notice and agenda, including full address and room number;
 Each teleconference location must be accessible to the public;  Members of the public must be able to address the body at each teleconference location;
 Post agendas at all teleconference locations; and
 During teleconference meetings, at least a quorum of the members of the local body must participate from locations within the boundaries of the territory over which the local body exercises jurisdiction.

In March 2020, staff transitioned meetings to TEAMS and then Zoom for all City meetings. Zoom meetings have allowed the City Council, City Council Committees, and the City’s boards, commissions, and committees to continue to conduct City business from the safety of their homes. The usage of Zoom for public meetings for the last 18 months has allowed the City to ensure the public’s continued access to meetings while also ensuring the public’s safety.

On June 11, 2021, Governor Newsom issued Executive Order N-08-21, which, among other things, rescinded his prior Executive Order N-29-20 and set a date of October 1, 2021, for public agencies to transition back to public meetings held in full compliance with the Brown Act.

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City Council Agenda Report
Agenda Item No. 8.a
June 28, 2022
The California state legislature adopted AB 361 as an urgency measure. AB 361 was signed by the Governor on September 16, 2021, and became effective immediately. AB 361 amends the Brown Act to allow local legislative bodies to continue meeting remotely using teleconferencing and virtual meeting technology as long as there is (1) a “state of emergency” pursuant to Government Code Section 54953(e)(4), and (2) the local legislative body making certain findings including that state or local officials have imposed or recommended measures to promote social distancing or that meeting in person would present imminent risks to the health or safety of Attendees.

On September 20, 2021, the Health Officer of the County of Contra Costa (“Health Officer”) issued recommendations, and on March 1, April 15, an June 14, 2022, updated recommendations for safely holding public meetings, including recommending teleconferencing meetings as those meetings present the lowest risk of transmission of SARS-CoV-2, the virus that causes COVID-19:
https://cchealth.org/covid19/pdf/recommendations-for-safe-public-meetings.pdf.

Since September 28, 2021, the City Council sitting as the City Council, Local Reuse Authority and Concord/Pleasant Hill Health Care District has adopted a Resolution every 30 days enabling the City to hold public meetings by teleconference. The most recent Resolution, City Council Resolution No. 22-41, Local Reuse Authority (LRA) Resolution No. 22-39 and Concord/Pleasant Hill Health Care District (CPHHCD) Resolution No. 22-031 was adopted on June 7, 2022, enabling the City to continue holding public meetings by teleconference through July 7, 2022. The City Council sitting as the City Council, Local Reuse Authority, and Concord/Pleasant Hill Health Care District must adopt a Resolution at tonight’s meeting to continue to hold public meetings by teleconference for the next 30 days, through July 28, 2022.

Analysis
The stated aim of AB 361 is “to improve and enhance public access to local agency meetings during the COVID-19 pandemic and future applicable emergencies, by allowing broader access through teleconferencing options” AB 361 allows local legislative bodies to meet remotely if there is a gubernatorial proclaimed “state of emergency” and a local legislative body finding that state or local officials have imposed or recommended measures to promote social distancing or that meeting in person would present imminent risks to the health or safety of Attendees.

If the state of emergency remains active for more than 30 days, a local agency must make the following findings by majority vote every 30 days to continue using the bill’s exemption to the Brown Act teleconferencing rules.
 The legislative body has reconsidered the circumstances of the emergency; and  Either of the following circumstances exist: The state of emergency continues to directly impact the ability of members to meet safely in person, or State or local officials continue to impose or recommend social distancing measures.

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City Council Agenda Report
Agenda Item No. 8.a
June 28, 2022
The City Council must make findings regarding the circumstances of the emergency and vote to continue using the law’s exemptions every 30 days. Resolution No. 22-41, LRA Resolution No. 22-39, and Concord/Pleasant Hill Health Care District Resolution No. 22-031, adopted on June 7, 2022, enabled the City to continue holding public meetings by teleconference through July 7, 2022. To continue to be able to hold meetings by teleconference through July 28, 2022, the City Council must adopt a Resolution to continue using AB 361’s exemption, and the conditions under which such Resolution was passed are and remain in effect as of the date hereof.

Financial Impact
There is no financial impact.

Environmental Determination
This action does not constitute a “project” within the meaning of Public Resources Code Section 21065, 14 Cal Code Reg. Section 15060(c)(2), 15060(c)(3), and/or 15378 because it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.

In addition, this action is categorically exempt pursuant to Section 15061(b)(3), “Review for Exemptions” of the CEQA Guidelines because there is no possibility that it may have a significant effect on the environment, and no further environmental review is required.

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. Resolution declaring the ability to continue to meet remotely, pursuant to AB 361

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Res No. 22-XX
LRA Res. No. 22-XX
CPHHCD Res. No. 22-XX 1

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD, CITY COUNCIL SITTING

AS THE LOCAL REUSE AUTHORITY, CITY COUNCIL SITTING AS THE

CONCORD/PLEASANT HILL HEALTH CARE DISTRICT

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Declaring the Ability of the City
Council, Local Reuse Authority, Concord/Pleasant
Hill Health Care District, Standing City Council
Subcommittees, and all City Boards, Commissions,
and Committees to Continue to Meet Remotely
Pursuant to AB 361
City Council Resolution No. 22-XX
Local Reuse Authority Resolution No. 22-XX
Concord/Pleasant Hill Health Care District Resolution No. 22-XX /
WHEREAS, on March 4, 2020, the Governor of the State of California (“Governor”) issued a Proclamation of a State of Emergency due to COVID-19. Such proclamation remains and is in effect as of the date of this Resolution, as are the facts, circumstances, and emergency under which it was issued; and
WHEREAS, on March 19, 2020, pursuant to Resolution No. 20-12, the City Council of the City of Concord (“City Council”) ratified the City of Concord Director of Emergency Services Proclamation of Local Emergency dated March 13, 2020; and WHEREAS, the Health Officer of the County of Contra Costa (“Health Officer”) has issued various health orders and updates designed to slow the spread of COVID-19 (including variants thereof) such as vaccinations, quarantines, face covering requirements, and social distancing recommendations designed to protect public health. The health orders and recommendations can be found on the Contra Costa Health Services website: https://www.coronavirus.cchealth.org/healthorders; and WHEREAS, on March 1, 2022, the Health Officer updated recommendations for safely holding public meetings, including strongly recommending teleconferencing meetings as those meetings present the lowest risk of transmission of SARS-CoV-2, the virus that causes COVID-19, and further recommending social distancing and face masking of all Attendees: recommendations-forsafe-public-meetings.pdf (cchealth.org); and Attachment 1

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Res No. 22-XX
LRA Res. No. 22-XX
CPHHCD Res. No. 22-XX 2
WHEREAS, on March 17, 2020, the Governor issued Executive Order N-29-20 allowing local legislative bodies to hold remote meetings via teleconference and to make such meetings accessible electronically without violating the open meeting laws found in the Ralph M. Brown Act Ralph M. Brown Act (California Government Code Sections 54950 et seq., “Brown Act”); and WHEREAS, on June 11, 2021, the Governor issued Executive Order N-08-21, which placed an end date of September 30, 2021, on such authority; and WHEREAS, since the issuance of Executive Order N-08-21, the Delta variant emerged, causing a spike in COVID-19 cases throughout the state; and WHEREAS, pursuant to Executive Orders N-29-20 and N-08-21, the legislative bodies of the local agency City of Concord (“City”) including its City Council, standing Council subcommittees, Local Reuse Authority, Concord/Pleasant Hill Health Care District, and all City boards, commissions (including the Planning Commission), and committees (collectively, “City Bodies”), have been holding remote meetings using teleconferencing and virtual meeting technology in an effort to help protect the public, members of City Bodies, and City staff attending such meetings (“Attendees”) from COVID-19; and
WHEREAS, due the rise in COVID-19 cases, including due to the Delta and Omicron variants, the City continues to be deeply concerned about protecting the health and safety of Attendees, particularly given that even fully vaccinated people have contracted the Delta and Omicron variants, people may have and transmit the virus before knowing they are infected and/or if they are asymptomatic; City staff and/or officials have experienced COVID-19 outbreaks and/or exposures; meetings of City Bodies often last several hours, and City meeting facilities are limited in space with seats are close together, and City facilities have restricted air flow; and WHEREAS, the California state legislature adopted AB 361 as an urgency measure that was signed by the Governor on September 16, 2021, effective immediately. AB 361 amends the Brown Act to allow local legislative bodies to continue meeting remotely using teleconferencing and virtual meeting technology as long as there is a gubernatorially proclaimed “state of emergency” pursuant to Government Code Section 54953(e)(4) and upon the local legislative body making certain findings including that state or local officials have imposed or recommended measures to promote social

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Res No. 22-XX
LRA Res. No. 22-XX
CPHHCD Res. No. 22-XX 3
distancing or that meeting in person would present imminent risks to the health or safety of Attendees; and
WHEREAS, the City desires to continue holding public meetings of the City Bodies remotely using teleconferencing and virtual meeting technology in order to avoid the imminent risk to the health and safety of Attendees; and
WHEREAS, the City Council, the Local Reuse Authority, and the Concord/Pleasant Hill Health Care District passed Resolution No. 22-41, Local Reuse Authority Resolution No. 22-39, and Concord/Pleasant Hill Health Care District Resolution No. 21-031 on June 7, 2022, in compliance with AB 361. Pursuant to Government Code Section 54953(e)(1)(B), such meeting was held during a proclaimed state of emergency, each of the City Council, the Local Reuse Authority, and the Concord/Pleasant Hill Health Care District determined, by majority vote, 5-0, that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of Attendees; this June 7, 2022, meeting of the City Council, the Local Reuse Authority; and the Concord/Pleasant Hill Health Care District was held remotely using teleconferencing pursuant thereto; and WHEREAS, the facts, circumstances, and emergency under which such determination was made and Resolution No. 22-41, LRA Resolution No. 22-39, and Concord/Pleasant Hill Health Care District Resolution No. 22-031 was adopted continue to exist as of the date of this Resolution; and WHEREAS, the City Council, the Local Reuse Authority, and the Concord/Pleasant Hill Health Care District after giving all public notices required by State Law and the Concord Municipal Code, held a duly noticed joint public meeting on June 28, 2022; and WHEREAS, at such public meeting, the City Council, the Local Reuse Authority, and the Concord/Pleasant Hill Health Care District considered all pertinent oral and written information, exhibits, testimony, and comments received during the public review process, including, without limitation, information received at the public meeting, the oral report from City staff, the written report from City staff dated June 28, 2022, this Resolution, and all other information on which each of the City Council, the Local Reuse Authority, and the Concord/Pleasant Hill Health Care District has based its decision (collectively, “Remote Meeting Information”). //

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Res No. 22-XX
LRA Res. No. 22-XX
CPHHCD Res. No. 22-XX 4

NOW, THEREFORE, THE CITY COUNCIL, THE CITY COUNCIL SITTING AS

THE LOCAL REUSE AUTHORITY, AND THE CITY COUNCIL SITTING AS THE

CONCORD/PLEASANT HILL HEALTH CARE DISTRICT OF THE CITY OF CONCORD DOES RESOLVE AS FOLLOWS:

Section 1. Recitals. Each of the City Council, the Local Reuse Authority, and the Concord/Pleasant Hill Health Care District hereby finds and determines that the foregoing recitals are true and correct; the recitals are hereby incorporated by reference into each of the findings as though fully set forth therein. The recitals and the information below constitute findings in this matter, and together with the Remote Meeting Information, serve as an adequate and appropriate evidentiary basis for the findings and actions set forth herein. Any exhibits attached to this Resolution are incorporated herein by reference.

Section 2. CEQA. This action does not constitute a “project” within the meaning of Public Resources Code Section 21065, 14 Cal Code Reg. Section 15060(c)(2), 15060(c)(3), and/or 15378 because it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. In addition, this action is categorically exempt pursuant to Section 15061(b)(3), “Review for Exemptions” of the CEQA Guidelines because there is no possibility that it may have a significant effect on the environment, and no further environmental review is required. 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.

Section 3. AB 361 Findings. Each of the City Council, the Local Reuse Authority, and the Concord/Pleasant Hill Health Care District hereby finds the following:
a. A state of emergency remains active.
b. State or local officials have imposed or recommended measures to promote social distancing.
c. Each of the City Council, the Local Reuse Authority, and the Concord/Pleasant Hill Health Care District have reconsidered the circumstances of the state of emergency. d. The following circumstances exist:

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Res No. 22-XX
LRA Res. No. 22-XX
CPHHCD Res. No. 22-XX 5
(i) The state of emergency continues to directly impact the ability of Attendees to meet safely in person.
(ii) State or local officials continue to impose or recommend measures to promote social distancing.

Section 4. As of June 28, 2022, meetings of City Bodies may continue to be conducted remotely using teleconferencing and virtual meeting technology for the next 30 days in compliance with AB 361. The City Council, the Local Reuse Authority, and the Concord/Pleasant Hill Health Care District will revisit the remote conduct meetings of City Bodies within 30 days of the adoption of this Resolution.

Section 5. This resolution shall become effective immediately upon its passage and adoption.

PASSED AND ADOPTED by the City Council of the City of Concord, the Local Reuse Authority, and the Concord/Pleasant Hill Health Care District on June 28, 2022, by the following vote:

AYES: Councilmembers -
NOES: Councilmembers -
ABSTAIN: Councilmembers -
ABSENT: Councilmembers -
I HEREBY CERTIFY that the foregoing City Council Resolution No. 22-XX, Local Reuse Authority Resolution No. 22-XX, and Concord/Pleasant Hill Health Care District Resolution No. 22- XX, were duly and regularly adopted at a regular joint meeting of the City Council of the City of Concord, the Local Reuse Authority, and the Concord/Pleasant Hill Health Care District on June 28, 2022.

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Thomas Capriola
Senior Assistant City Attorney

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Staff Report
Date: June 28, 2022
To: City Council/City Council Sitting as the Local Reuse Authority From: Valerie J. Barone, City Manager
Prepared by: Guy Bjerke, Director, Economic Development & Base Reuse [email protected]
(925) 671-3076
Subject: Considering the approval of 10 Professional Services Agreements (PSAs) for various consultant services for the Local Reuse Authority's (LRA) work related to the
redevelopment of the former Concord Naval Weapons Station (CNWS) for a total not-to-exceed amount of $464,000; and authorizing the Executive Director of the LRA to execute the agreements in a form acceptable to the City Attorney. (Existing loans from the City to the LRA and/or Master Developer
Deposit.)
CEQA: Not a project/exempt under Public Resources Code
Section 21065, CEQA Guidelines Sections 15060(c),
15061(b)(3), and/or 15378.

Report in Brief
The Local Reuse Authority has several primary responsibilities:

1. Oversees work related to the transfer of former Concord Naval Weapons Station property from the U.S. Navy to local recipients;

2. Monitors the Navy’s clean-up of contaminated parcels;

3. Obtains site-wide environmental permits from Resource agencies;

4. Assists the Master Developer with the writing of the Specific Plan; and

5. Manages the environmental analysis used to determine appropriate mitigations for project impacts.

8.b

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City Council Agenda Report
Agenda Item No. 8.b
June 28, 2022
These responsibilities are carried out by both city staff and outside, professional consultant resources.

Responsibilities #4 and #5 are being deferred until the LRA has accepted the Term Sheet with Concord First Partners, LLC; as Master Developer. When the Term Sheet is accepted, the LRA will return to Council with additional consulting contracts for Specific Plan, environmental analysis and amended scopes and budgets for required work by existing consultants to be paid for by the Master Developer.

The 10 Professional Service Agreements (PSA) covered in this staff report are summarized in Table 1. These agreements are focused on specific activities (Remediation monitoring, Site-wide Resource Permitting, and analysis around Term Sheet negotiation) necessary to keep forward momentum while conserving the funding resources available to the project. A summary of the scopes of work for each consultant is found under the Analysis section of this report.

The source of the funding for these agreements comes from either the Master Developer’s deposit as outlined in the Exclusive Agreement to Negotiate (ENA) or the remaining balance of the previous loans from the City to the LRA – which is currently estimated to be approximately $1 million. No additional loan from the City to the LRA is being requested.

Recommended Action
Approve the 10 Professional Services Agreements as listed in Table 1; and authorize the Executive Director of the LRA to execute the Agreements, in a form acceptable to the City Attorney.

Background
For ease of tracking for the public and the council, LRA staff have consolidated the proposed Professional Service Agreements into one staff report. This format provides a comprehensive overview of the LRA’s planned work for Fiscal Year 2022-2023.

Staff is not “rolling over” unspent balances or amending existing agreements to extend their term. Rather, these are new agreements focused on specific work scopes at constrained funding levels. This approach will allow the Reuse Project to continue to operate within the resources provided by the Master Developer’s deposit or loaned and allocated to the LRA by the City.

All of the consulting teams included in these PSA requests have demonstrated expertise in their field and a familiarity with the Reuse Project’s goals and objectives.

Table 1 provides a list of consultants with:

1. Their focused work scope description.

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City Council Agenda Report
Agenda Item No. 8.b
June 28, 2022

2. The funding source and the new “not to exceed” amount for FY 22-23.

Please note that Table 1 only lists the proposed PSA expenditures for the LRA and does not include staff time and other components of the LRA Project budget.

Analysis
The following are summaries of work to be performed by the LRA’s consultant team in FY 22-23 under the proposed PSAs. Table 1 also reflects each consultant’s work and estimated costs from the time they joined the project to the end of FY 22-23 (June 30, 2023). A more comprehensive summary of Project spending is found in the Program Report section in the Document Library of the Concord Reuse Project website found here: https://www.concordreuseproject.org/documentcenter.

Work by consultants related to site-wide efforts like remediation monitoring or resource permitting or not specifically related to Term Sheet negotiation efforts are being funded by the LRA loan balance. All consultant work related to Term Sheet negotiation efforts are being funded by the Master Developer deposit as provided for in the Exclusive Agreement to Negotiate.

Long-time project consultant – Arup is concluding their association with the Reuse Project on June 30, 2022. Arup provided planning, engineering, and project management support. Staff is evaluating potential consultants to provide planning and engineering services and will return to the LRA with additional PSAs when new team members are selected.

ALH Economics
ALH provides financial modeling analysis in support of property transfer from the Navy.  Preliminary assessment and input on financial impact from any policy changes to the Area Plan.
 Review of the conceptual pro-forma (financial plan) associated with the proposed Term Sheet.
(Funding: Master Developer (MD) Deposit). Not to exceed amount - $40,000 Burke Williams & Sorensen
Burke Williams & Sorensen provides legal counsel regarding transactions and agreements between the LRA, Master Developer and collaborating agencies.  Draft and review proposed Term Sheet.
 Draft and review proposed administrative Reimbursement Agreement  Advice on any related matters as directed by LRA from time to time. (Funding: MD Deposit). Not to exceed amount - $60,000

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City Council Agenda Report
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June 28, 2022
ERS
ERS provides analysis and review of property remediation projects and future insurance requirements.
 Review of remediation documents for their impact on the Reuse Project.  Reports from the Project RPM meetings..
 Input on FOST and FOSL documents..
(Funding: LRA Loan). Not to exceed amount - $60,000
ESA
ESA provides analysis and conceptual design of hydrology issues, i.e. wetlands, creek restoration, storm water or flood water detention.
 On-call to answer questions related to resource permitting or questions related to Term Sheet negotiations.
(Funding: LRA Loan). Not to exceed amount - $10,000
Garrity & Knisely
Garrity & Knisely provides legal counsel regarding BRAC related property transfer and property remediation issues.
 Review of remediation issue impacts on Term Sheet negotiations.  Advice regarding remediation issue impacts on Project EDC and Resource Permitting.
 Advice on any related matters as directed by LRA from time to time. (Funding: LRA Loan - $20,000 / MD Deposit - $10,000). Not to exceed amount - $30,000
HR&A Advisors
HR&A Advisors provides financial advice regarding the negotiation of deal structure and terms between the LRA & Navy and LRA & Master Developer selection.  Review of proposed Term Sheet.
 Advice on any related financial matters as directed by LRA from time to time. (Funding: MD Deposit). Not to exceed amount - $60,000
H.T. Harvey & Associates
H.T. Harvey provides analysis, review and advice regarding biological resources and site wide permitting.
 Interim management of biological opinion implementation activities.  California Department of Fish and Wildlife permitting activities (ITP).

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City Council Agenda Report
Agenda Item No. 8.b
June 28, 2022
 Review of resource permitting issue impacts on Term Sheet negotiations. (Funding: LRA Loan - $50,000 / MD Deposit - $10,000). Not to exceed amount - $60,000
Jarvis Fay & Gibson
Jarvis Fay & Gibson provides legal counsel regarding the environmental review of the Specific Plan and related documents.
 Provide CEQA and land use advice related to Concord Naval Weapon Station matters.
 Advice on any related matters as directed by LRA from time to time. (Funding: LRA Loan). Not to exceed amount - $60,000
Johnson Marigot
Johnson Marigot provides analysis and review of water related resource permitting.  Provide strategy and support for resource permitting efforts. (Funding: LRA Loan). Not to exceed amount - $24,000
Lubin Olson
Lubin Olson provides legal counsel regarding site wide resource permitting.  Strategy and support for overall resource permitting efforts.  Review of resource permitting issue impacts on Term Sheet negotiations.  Advice on any related matters as directed by LRA from time to time. (Funding: LRA Loan - $50,000 / MD Deposit - $10,000). Not to exceed amount - $60,000
Each consultant’s scope of work is included with their PSA found in the attachments to this staff report.

Financial Impact
The 10 proposed PSAs total $464,000. The Master Developer’s Deposit provides funding for $190,000 with the City loan to the LRA that was approved and appropriated as part of the adoption of previous budgets providing $274,000. The loan will be repaid, with interest, from land sales and leases within the former CNWS.

Environmental Determination
Pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15378, and, this activity is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, as it does not constitute a “project,” does not commit the City to a definite course of action, does not

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City Council Agenda Report
Agenda Item No. 8.b
June 28, 2022
constitute discretionary approval of a specific project, and will not result in a direct or reasonably foreseeable indirect physical change in the environment, and in the alternative is exempt from CEQA as it 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.” This determination reflects the City’s independent judgment and analysis.

Public Contact
The City Council Agenda was posted.

Attachments
Table 1 – FY 22-23 PSA by Consultant

1. PSA with ALH Urban & Regional Economics

2. PSA with Burke, Williams & Sorensen, LLP

3. PSA with Environmental Risk Services Corporation

4. PSA with Environmental Science Associates (ESA)

5. PSA with Garrity and Knisely

6. PSA with HR&A Advisors, Inc.

7. PSA with H. T. Harvey & Associates

8. PSA with Jarvis, Fay & Gibson, LLP

9. PSA with Johnson Marigot Consulting LLC

10.PSA with Lubin Olson & Niewiadomski LLP

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Table 1
Table 1
Att. # Consultant/Vendor
Agreement
Expiration Focused Work Scope Description Funding Source Not to exceed
amount FY 22/23
Estimated Inception to
6/30/2022*
Estimated Totalto
6/30/23
1 ALH Economics 6/20/23 Review pro-forma and assess financial impact from any policy changesto the Area Plan MD Deposit $40,000 $ 335,530 $ 375,530 2 Burke Wms Sorensen 6/30/23 Draft and review Term Sheet, Reimbursement Agreement, and advice on related matters
MD Deposit $60,000 $ 995,998 $ 1,055,998
3 ERS 6/30/23 Review of remediation documentsfortheirimpact on the Reuse Project; Reports from the
Remediation Project Managers meetings; Input on
the FOST and FOSL documents
LRA Loan $60,000 $ 1,036,452 $ 1,096,452
4 ESA 6/30/23 On-callto answer questionsrelated to resource permitting or questions related to Term Sheet
negotiations LRA Loan $10,000 $ 1,657,505 $ 1,667,505
5 Garrity & Knisely 6/30/23 Review of remediation issue impact on Term Sheet negotiations; Advice regarding remediation impacts
on Project EDC and Resource Permitting; and advice
on related matters
LRA Loan
MD Deposit $30,000 $ 1,305,640 $ 1,335,640
6 HR&A Advisors 6/30/23 Review Term Sheet; and advice on related matters.

MD Deposit $60,000 $ 439,907 $ 499,907
7 HT Harvey 6/30/23 Interim management of biological opinion implementation activities; California Department of
Fish and Wildlife permitting activities; Review of
resource permitting issues on Term Sheet
negotiations
LRA Loan
MD Deposit $60,000 $ 1,768,591 $ 1,828,591
8 Jarvis Fay (Barnhill) 6/30/23 Provide CEQA and land use advice related to the Concord Naval Weapons Station matters; and
advice on related matters. LRA Loan $60,000 $ 728,442 $ 788,442 9 Johnson Marigot 6/30/23 Provide strategy and support for Resource Permitting efforts LRA Loan $24,000 $ 306,410 $ 330,410 10 Lubin Olson 6/30/23 Provide strategy and support for Resource Permitting efforts; Review of resource permitting
issues on Term Sheet negotiations; and advice on
related matters
LRA Loan
MD Deposit $60,000 $ 589,045 $ 649,045
$464,000 $ 9,163,520 $ 9,627,520
*Not all FY 21/22 Invoices have been received as of June 17, 2022.

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AGREEMENT FOR PROFESSIONAL SERVICES
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THIS AGREEMENT ("Agreement") is entered into on June 28, 2022 between the City of Concord ("CITY") and ALH Urban & Regional Economics (ALH), 2239 Oregon Street, Berkeley, California 94705, (“CONSULTANT”).

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

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

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

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

2. SCOPE OF SERVICES. Subject to such policy direction and approvals provided by the CITY's Authorized Representative, CONSULTANT shall provide:

1. Preliminary assessment and input on financial impact from any policy changes to the Area Plan.

2. Review of the conceptual pro-forma (financial plan) associated with the proposed term sheet.

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

3. PAYMENT. CONSULTANT shall be compensated, not to exceed Forty Thousand Dollars ($40,000) for basic services rendered, as described in Section 2, in accordance with the terms and conditions included therein. Any Amendment to this Agreement that includes an increase to this compensation amount shall be made in accordance with Section 5 below.

CONSULTANT may submit monthly statements for services rendered; all statements shall include adequate documentation demonstrating work performed during the billing period. It is intended that CITY review such statement and pay CONSULTANT for services rendered within 30 days of receipt of a statement that meets all requirements of this Agreement. Payment by CITY shall not be deemed a waiver of unsatisfactory work, even if such defects were known to the CITY at the time of payment.

Attachment 1

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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 Guy Bjerke, Director of Community Reuse Planning. The CONSULTANT’s authorized representative is Amy L. Herman.

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

A. Amendment for Additional Compensation. CITY’s Authorized Representative is authorized to execute amendments to the Agreement on behalf of CITY, including amendments providing for additional compensation to CONSULTANT not to exceed Fifty Thousand Dollars ($50,000) during the fiscal year, including the base contract amount, throughout the term of this Agreement. Any additional compensation to CONSULTANT that is Fifty Thousand Dollars ($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 subcontractors are agents or employees of the CITY, and CONSULTANT shall have no authority, express or implied, to act on behalf of the CITY in any capacity whatsoever as an

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agent, and shall have no authority, express or implied, to bind the CITY to any obligation whatsoever, unless otherwise provided in this Agreement.

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

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

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

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without the prior written consent of the CITY. Unless otherwise expressly agreed by the CITY, CONSULTANT'S representative shall remain responsible for the quality and timeliness of performance of the services, notwithstanding any permitted or approved delegation hereunder.

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

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

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

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actions, losses, damages, injuries, and liability arising out of sole negligence or willful misconduct on the part of CITY.

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

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

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

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

D. Compliance with State Workers' Compensation Requirements.

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

E. Other Insurance Provisions. The policies are to contain, or be endorsed to contain the following provisions:

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

Except for worker's compensation and professional liability insurance, the policies mentioned in this subsection shall name CITY as an additional insured and provide for notice of cancellation to CITY. CONSULTANT shall also provide timely and prompt notice to CITY if CONSULTANT receives any notice of cancellation or nonrenewal from its insurer. (2) Primary Coverage. CONSULTANT'S insurance coverage shall be primary insurance with respect to CITY, its officers, officials, employees, and volunteers. Any insurance, risk pooling arrangement, or self-insurance maintained by CITY, its officers, officials, employees, or volunteers shall be in excess of CONSULTANT'S insurance and shall not contribute with it.
(3) Reporting Provisions. Any failure to comply with the reporting provisions of the policy shall not affect the coverage provided to the CITY, its officers, officials, employees, or volunteers.
(4) Verification of Coverage. CONSULTANT shall furnish CITY with certificates of insurance and the original endorsements effecting coverage required by this Agreement.

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

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

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shall be strictly construed.

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

14. TERMINATION. CITY may terminate this Agreement for any reason upon ten (10) days written notice to the other party. CITY may terminate the Agreement upon five (5) days written notice if CONSULTANT breaches this Agreement. In the event of any termination, CONSULTANT shall promptly deliver to the CITY any and all finished and unfinished reports or other written, recorded, photographic, or visual materials, documents, data, and other deliverables (“Work Materials”) prepared for the CITY prior to the effective date of such termination, all of which shall become CITY’s sole property. After receipt of the Work Materials, CITY will pay CONSULTANT for the services performed as of the effective date of the termination.

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

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

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

C. Solicitations for Subcontractors including Procurement of Materials and Equipment. In all solicitation, either by competitive bidding or negotiations, made by CONSULTANT

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for work to be performed under a subcontract including procurement of materials or leases of equipment, each potential subcontractor, supplier or lessor shall be notified by CONSULTANT of CONSULTANT’S obligation under this Agreement and the regulations relative to nondiscrimination on the grounds of race, religion, color, sex, or national origin.

16. CONFLICT OF INTEREST.

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

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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 term, covenant, condition, or obligation, nor shall any waiver of any incident of breach of default constitute a continuing waiver of same.

20. ENFORCEABILITY; INTERPRETATION. In the event that any of the provisions or portions of application of any of the provisions of the Agreement are held to be illegal or invalid by a court of competent jurisdiction, CITY and CONSULTANT shall negotiate an equitable adjustment in the provisions of the Agreement with a view toward affecting the purpose of the Agreement. The illegality or invalidity of any of the provisions or portions of application of any of the provisions of the Agreement shall not affect the legality or enforceability of the remaining provisions or portions of application of any of the provisions of the Agreement. This Agreement shall be interpreted as though it was a product of a joint drafting effort and no provisions shall be interpreted against a party on the ground that said party was solely or primarily responsible for drafting the language to be interpreted.

21. INTEGRATION. All exhibits identified in this Agreement are attached hereto and incorporated herein by reference. The Agreement contains the entire agreement and understanding between the parties as to the subject matter of this Agreement. It merges and supersedes all prior or contemporaneous agreements, commitments, representation, writings, and discussions between CONSULTANT and CITY, whether oral or written.

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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 a generally recognized accounting basis and made available to CITY if and when required.

24. NOTICES. All notices required hereunder shall be in writing and mailed postage prepaid by certified or registered mail, return receipt requested, or by personal delivery to the CITY's address as shown below, or such other places as CITY or CONSULTANT may, from time to time, respectively, designate in a written notice given to the other. Notice shall be deemed received three (3) days after the date of the mailing thereof or upon personal delivery.

To CITY: Guy Bjerke, Director
Community Reuse Planning
City of Concord
1950 Parkside Drive
Concord, CA 94519-2578
Phone: (925) 671-3076
To CONSULTANT: Amy L. Herman
ALH Urban & Regional Economics
2239 Oregon Street
Berkeley, CA 94705
Phone: (510) 704-1599

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 Applicant represents and warrants that he or she or it is duly authorized to execute and deliver this Agreement on behalf of Applicant and that such execution is binding upon Applicant.

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

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been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.

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

CONSULTANT CITY OF CONCORD, a Municipal
Corporation
By:_________________________________ By:______________________________ Name: Amy L. Herman Name: Guy S. Bjerke
Title: Director, Local Reuse Authority
Company: ALH Urban & Regional Economics Company: City of Concord Address: 2239 Oregon Street Address: 1950 Parkside Drive Berkeley, CA 94705 Concord, CA 94519
Telephone: (510) 704-1599 Telephone: (925) 671-3150
APPROVED AS TO FORM: ATTEST:

City Attorney City Clerk
FINANCE DIRECTOR'S CERTIFICATION:

Concord, California
Date: _____________________________, 2022

I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEAR 2022/2023 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.

THE SUM OF $40,000. Account Code 4009500C999 4002011111-63800 Finance Director's Signature

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AGREEMENT FOR LEGAL PROFESSIONAL SERVICES
THIS AGREEMENT is entered into on June 28, 2022 (“EFFECTIVE DATE”) by and between the City of Concord ("CITY"), and Burke, Williams & Sorensen, LLP, 1901 Harrison Street, Suite 900, Oakland, CA 94612 ("CONSULTANT").

WHEREAS, CITY requires the assistance of outside legal counsel to perform legal advisory and litigation services for CITY.

WHEREAS, CITY desires to contract with CONSULTANT for provision of such specialized legal expertise and services as further described herein, upon the terms and conditions hereinafter set forth.

NOW, THEREFORE, in consideration of the mutual promises, covenants, and agreements subject to the terms and conditions set forth herein, the parties agree as follows:

1. Scope of Work.

A. CONSULTANT shall assist and represent the CITY in all matters, including but not limited to, the following:

1. Draft and review proposed Term Sheet

2. Draft and review proposed administrative Reimbursement Agreement

3. Advice on any related matters as directed by LRA from time to time.

B. CONSULTANT shall obtain prior CITY approval for the retention of any subconsultants and/or expert witnesses.

2. Term. The term of this Agreement shall be from the EFFECTIVE DATE, set forth above until June 30, 2023 or unless otherwise terminated by either party in accordance with the terms of this Agreement, subject to available funds.

3. Consideration. As full consideration for the work to be performed by CONSULTANT, CITY shall pay CONSULTANT based upon the hourly rates for its attorney(s) assigned to assist CITY to be paid upon submission and approval of invoices. The hourly rates are as follows:

Sr. Partner - $385 per hour
Jr. Partner $360 per hour
Sr. Associate $330 per hour
Attachment 2

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28 Jr. Associate $300 per hour
Paralegal $235 per hour
CONSULTANT will bill time monthly on a straight hourly basis. CONSULTANT charges clients for actual costs for travel and other extraordinary expenses such as courier services and express mail, but does not separately charge for long-distance telephone calls, copying, postage, etc., adding instead for these itemized charges a four percent (4%) administrative charge to the monthly billing.

For each matter or case for which CONSULTANT provides services during the period covered in each monthly billing, invoices shall include a separate cover letter identifying the total amount billed for each matter or case. As these cover letters will be subject to disclosure through the California Public Records Act (California Government Code §§ 6250, et seq.), CONSULTANT shall ensure that the case or matter descriptions used therein do not reflect CONSULTANT impressions, conclusions, opinions, or legal research or strategy.

The total amount paid to CONSULTANT pursuant to this Agreement shall not exceed Sixty Thousand Dollars ($60,000) through fiscal year 2022/2023, without CITY’s express written authorization. If requested by CITY, the “not to exceed” amount described in this Paragraph 3 may be increased upon execution of an amendment setting forth the new “not to exceed” amount, all in accordance with Paragraph 14 of this Agreement.

4. Records. CONSULTANT shall maintain accounting records and other evidence pertaining to the cost incurred and shall make the records available to authorized representatives of CITY or other governmental agency or district authorized by CITY to inspect such records. These records shall be available at all reasonable times during the Agreement period and for four (4) years from the date of final payment for work performed hereunder.

5. Key Personnel. All of the services required hereunder shall be performed by CONSULTANT or under his/her/its supervision, and all personnel engaged in the work shall be fully qualified to perform such services. Any change in the key personnel shall be subject to the written approval of CITY. The following are the key personnel for the subject of this Agreement:

Gerald J. Ramiza, Esq.

Burke, Williams & Sorensen, LLP

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28 6. CITY-Authorized Representative. An authorized representative shall represent CITY in all matters pertaining to the services rendered by CONSULTANT under this Agreement. All documents and requests for information shall be submitted through this representative and CITY will cooperate with CONSULTANT in all matters relating to this Agreement in such manner as will result in the performance of such work without delay. The CITY-authorized representative is the City Attorney.

7. Termination.

A. Either party may terminate this Agreement at any time, without cause, upon seven (7) days’ notice of discontinuance and termination of said Agreement given in writing. Such notice shall be sufficient and complete when same is deposited in the United States mail, first class postage prepaid, to the address shown in the paragraph herein concerning notice.

B. CITY may at any time, at its discretion, abandon or suspend any portion of work to be done under the terms of this Agreement.

C. In the event of CITY's abandonment or suspension of CONSULTANT's work under this Agreement, or in the event of the termination of this Agreement, CONSULTANT shall stop work at the stage directed by CITY and shall deliver to CITY all reports, pleadings, discovery, and file materials relating to the work described in Paragraph 1 above. At the discretion of CITY, CONSULTANT shall also cancel all orders for goods or services connected with this Agreement which have not been delivered or received,

8. Equal Opportunity Assurance. During the performance of this Agreement, CONSULTANT agrees as follows:

A. CONSULTANT will not discriminate against any employee or applicant for employment because of race, sex, creed, physical handicap, color, sexual orientation, or national origin.

CONSULTANT will take affirmative action to ensure that employees are treated equally without regard to race, gender, creed, physical handicap(s), color, sexual orientation, or national origin. Such action shall include but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoffs and terminations, rates of pay or other forms of compensation; and selection for training, including apprenticeship. CONSULTANT agrees to post, in

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28 conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

B. In the event of CONSULTANT's noncompliance with the nondiscrimination clause of this Agreement, this Agreement may be canceled, terminated, or suspended in whole or in part.

9. 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:

D. Compliance with State Workers' Compensation Requirements.

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

10. Indemnification. CONSULTANT shall indemnify, defend, and hold harmless CITY

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28 against and from any and all claims or suits for damages or injury arising from CONSULTANT's negligence, errors or omissions in the performance of this Agreement, and shall further indemnify, defend, and hold harmless CITY against and from any and all claims or suits arising from any breach or default of any performance of any obligation of CONSULTANT hereunder, and against and from all costs, attorney's fees, expenses, and liabilities related to any claim or any action or proceeding brought within the scope of this indemnification.

11. Independent Contractor. CONSULTANT is an independent contractor retained by CITY to perform the work described herein. All personnel employed by CONSULTANT, including subcontractors and personnel of said subcontractors approved by CITY, are not and shall not be deemed to be employees of CITY. CONSULTANT and approved subcontractors shall comply with all State and Federal laws pertaining to employment and compensation of their employees or agents, including the provision of Workers' Compensation. CITY shall not, under any circumstances, be liable to CONSULTANT or any person or persons acting for him/her/it for any death, injury, or property destruction or damage received or claimed relating to or stemming from the activities undertaken pursuant to this Agreement.

12. Notice. All notices required herein shall be sent via First Class U.S. Mail with postage prepaid thereon to the parties as follows:

To CITY: Susanne Meyer Brown, Esq.

City Attorney
City of Concord
1950 Parkside Drive MS/08
Concord, CA 94519
To CONSULTANT: Gerald J. Ramiza, Esq.

Burke, Williams & Sorensen, LLP
1901 Harrison Street, Suite 900
Oakland, CA 94612
Notices shall be deemed effectively served upon deposit in the United States Mail.

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28 except with the express written consent of CITY. Nothing set forth in this paragraph shall preclude CONSULTANT from assigning any of the monies due and owing to him/her/it from CITY.

14. Amendment. This Agreement may be amended, modified, or changed by the parties provided that said amendment, modification, or change is in writing and approved by both parties.

15. Entire Agreement. This Agreement contains the entire agreement between the parties hereto. No promise, representation, warranty, or covenant not included in the Agreement has been or is relied upon by any party hereto.

IN WITNESS WHEREOF, the parties have executed this Agreement the day and year written above.

CONSULTANT:

Burke, Williams & Sorensen, LLP
By: ____________________________________________
Name: Gerald J. Ramiza, Esq.

Title: Partner

CITY OF CONCORD
By: ____________________________________________
Susanne Meyer Brown, City Attorney

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AGREEMENT FOR PROFESSIONAL SERVICES
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THIS AGREEMENT ("Agreement") is entered into on June 28, 2022 between the City of Concord ("CITY") and Environmental Risk Services Corporation, 1515 Oakland Blvd, Suite 250, Walnut Creek CA 94596, (“CONSULTANT”).

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

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

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

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

2. SCOPE OF SERVICES. Subject to such policy direction and approvals provided by the CITY's Authorized Representative, CONSULTANT shall provide:

1. Review of remediation documents for their impact on the Reuse Project

2. Reports from the Project RPM meetings

3. Input on FOST and FOSL documents.

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

3. PAYMENT. CONSULTANT shall be compensated, not to exceed Sixty Thousand Dollars ($60,000) for basic services rendered, as described in Section 2, in accordance with the terms and conditions included therein. Any Amendment to this Agreement that includes an increase to this compensation amount shall be made in accordance with Section 5 below.

Attachment 3

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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 Guy Bjerke, Director of Economic Development & Base Reuse. The CONSULTANT’s authorized representative is Mark O’Brien.

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

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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:

D. Compliance with State Workers' Compensation Requirements.

E. Other Insurance Provisions. The policies are to contain, or be endorsed to contain the following provisions:

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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

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shall be strictly construed.

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

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

C. Solicitations for Subcontractors including Procurement of Materials and Equipment. In all solicitation, either by competitive bidding or negotiations, made by CONSULTANT

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16. CONFLICT OF INTEREST.

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To CITY: Guy Bjerke, Director
Economic Development & Base Reuse
City of Concord
1950 Parkside Drive
Concord, CA 94519-2578
Phone: (925) 671-3076
To CONSULTANT: Mark O’Brien
Environmental Risk Services
P.O. Box 1209
Alamo CA 94507
Phone: (925) 938-1600

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

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

CONSULTANT CITY OF CONCORD, a Municipal
Corporation
By:_________________________________ By:______________________________ Name: Mark O’Brien Name: Guy S. Bjerke
Title: Chief Executive Officer Title: Director, Local Reuse Authority
Company: Environmental Risk Services Company: City of Concord Address: 1515 Oakland Blvd., Suite250 Address: 1950 Parkside Drive Walnut Creek, CA 94596 Concord, CA 94519
Telephone: (925) 938-1600 Telephone: (925) 671-3150
APPROVED AS TO FORM: ATTEST:

City Attorney City Clerk
FINANCE DIRECTOR'S CERTIFICATION:

Concord, California
Date: _____________________________, 2022

I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEAR 2022/2023 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.

THE SUM OF $60,000. Account Code 4009500C999 4002011111-63800 Finance Director's Signature

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THIS AGREEMENT ("Agreement") is entered into on June 28, 2022 between the City of Concord ("CITY") and Environmental Science Associates (ESA), 550 Kearny Street, Suite 800, San Francisco, California 94108, (“CONSULTANT”).

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

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

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

1. TERM. This Agreement shall commence on July 01, 2022 and expire on June 30, 2023.

2. SCOPE OF SERVICES. Subject to such policy direction and approvals provided by the CITY's Authorized Representative, CONSULTANT shall be on-call to answer questions related to resource permitting or questions related to Master Developer negotiations. CITY retains all rights of approval and discretion with respect to the projects and undertakings contemplated by this Agreement.

3. PAYMENT. CONSULTANT shall be compensated, not to exceed Ten Thousand Dollars ($10,000) for basic services rendered, as described in Section 2, in accordance with the terms and conditions included therein. Any Amendment to this Agreement that includes an increase to this compensation amount shall be made in accordance with Section 5 below.

4. AUTHORIZED REPRESENTATIVES. Authorized representatives shall represent CITY and CONSULTANT in all matters pertaining to the services to be ordered by CITY or rendered Attachment 4

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by CONSULTANT under this Agreement except where approval for the CITY is specifically required by the City Council. The CITY’s authorized representative is Guy Bjerke, Director of Economic Development & Base Reuse. The CONSULTANT’s authorized representative is Robert T. Battalio, Vice President.

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unless otherwise provided in this Agreement.

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

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

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CONSULTANT'S representative shall remain responsible for the quality and timeliness of performance of the services, notwithstanding any permitted or approved delegation hereunder.

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

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reasonable attorney fees, incurred by the CITY in defending against claims ultimately determined to arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT.
b. For All Other Services. CONSULTANT agrees to defend, indemnify and hold harmless the CITY (including its officers, officials, employees, agents and volunteers) from and against any and 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 demands, actions, losses, damages, injuries, and liability arising out of sole negligence or willful misconduct on the part of 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:

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.

D. Compliance with State Workers' Compensation Requirements.

CONSULTANT covenants that it will insure itself against liability for Workers' Compensation

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

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

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

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

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

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because of race, religion, color, sex, or national origin. Such actions shall include, but not be limited to, the following: employment, promotion, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection for training including apprenticeship.

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

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

16. CONFLICT OF INTEREST.

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rendition of information, advice, recommendation or counsel. (2 Cal. Code Regs. § 18700(a)(2).)

18. CHOICE OF LAW. This Agreement shall be construed and interpreted in accordance with the laws of the State of California, excluding any choice of law rules which may direct the application of the laws of another jurisdiction. In the event that suit shall be brought by either party hereunder, the parties agree that trial of such action shall be held exclusively in a state court in the County of Contra Costa, California.

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contemporaneous agreements, commitments, representation, writings, and discussions between CONSULTANT and CITY, whether oral or written.

22. SUCCESSORS AND ASSIGNS: NO THIRD PARTY BENEFICIARIES; NO JOINT VENTURE. CITY and CONSULTANT respectively, bind themselves, their successors, assigns, and legal representatives to the terms and obligations of this Agreement. CONSULTANT shall not assign or transfer any interest in the Agreement without the CITY's prior written consent, which consent shall be in the CITY’s sole discretion. Any attempted assignment or transfer in breach of this provision shall be void. This Agreement is not intended and shall not be construed to create any third party benefit. This Agreement is not intended and shall not be construed to create a joint venture or partnership between the parties. CONSULTANT, its officers, employees and agents shall not have any power to bind or commit the CITY to any decision.

To CITY: Guy Bjerke, Director
Economic Development & Base Reuse
City of Concord
1950 Parkside Drive
Concord, CA 94519-2578
Phone: (925) 671-3076
To CONSULTANT: Robert T. Battalio, P.E.

Vice President
Environmental Science Associates
550 Kearney Street, Suite 800
San Francisco, CA 94108
Phone: (415) 896-5900

25. NON-LIABILITY. No member of the CITY and no other officer, employee or agent

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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.

This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.

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

CONSULTANT CITY OF CONCORD, a Municipal
Corporation
By:_________________________________ By:______________________________ Name: Robert T. Battalio Name: Guy S. Bjerke
Title: Vice President Title: Director, Local Reuse Authority Company: Environmental Science Associates Company: City of Concord Address: 550 Kearny Street, Suite 800 Address: 1950 Parkside Drive San Francisco, CA 94108 Concord, CA 94519
Telephone: (415) 896-5900 Telephone: (925) 671-3150
APPROVED AS TO FORM: ATTEST:

City Attorney City Clerk

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FINANCE DIRECTOR'S CERTIFICATION:

Concord, California
Date: _____________________________, 2022

I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEAR 2022/2023 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.

THE SUM OF $10,000. Account Code 4009500C999 4002011111-63800 Finance Director's Signature

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AGREEMENT FOR LEGAL PROFESSIONAL SERVICES
THIS AGREEMENT is entered into on June 28, 2022 (“EFFECTIVE DATE”) by and between the City of Concord ("CITY"), and Garrity and Knisely, PLLC, a Massachusetts domestic professional limited liability company, 30 Howard Street, Unit 30-3, Somerville, Massachusetts 02144 ("CONSULTANT").

WHEREAS, CITY requires the assistance of outside legal counsel to perform legal advisory and litigation services for CITY.

WHEREAS, CITY desires to contract with CONSULTANT and CONSULTANT desires to contract with the CITY for provision of such specialized legal expertise and services as further described herein, upon the terms and conditions hereinafter set forth.

NOW, THEREFORE, in consideration of the mutual promises, covenants, and agreements subject to the terms and conditions set forth herein, the parties agree as follows:

1. Scope of Work.

A. CONSULTANT shall assist and represent the CITY in all matters, including but not limited to, the following:

1. Review of remediation issue impacts on Term Sheet negotiations

2. Advice regarding remediation issue impacts on Project EDC and Resource Permitting.

3. Advice on any related matters as directed by LRA from time to time.

B. CONSULTANT shall obtain prior CITY approval for the retention of any subconsultants and/or expert witnesses.

Partner - $210 per hour
Attachment 5

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28 CONSULTANT will bill time monthly on a straight hourly basis. CONSULTANT charges clients for actual costs for travel and other extraordinary expenses such as courier services and express mail, but does not separately charge for long-distance telephone calls, copying, postage, etc., adding instead for these itemized charges a four percent (4%) administrative charge to the monthly billing.

The total amount paid to CONSULTANT pursuant to this Agreement shall not exceed Thirty Thousand Dollars ($30,000) through fiscal year 2022/2023, without CITY’s express written authorization. If requested by CITY, the “not to exceed” amount described in this Paragraph 3 may be increased upon execution of an amendment setting forth the new “not to exceed” amount, all in accordance with Paragraph 14 of this Agreement.

David Knisely, Esq.

6. CITY-Authorized Representative. An authorized representative shall represent CITY in all matters pertaining to the services rendered by CONSULTANT under this Agreement. All

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28 documents and requests for information shall be submitted through this representative and CITY will cooperate with CONSULTANT in all matters relating to this Agreement in such manner as will result in the performance of such work without delay. The CITY-authorized representative is the City Attorney.

7. Termination.

A. Either party may terminate this Agreement at any time, without cause, upon seven (7) days notice of discontinuance and termination of said Agreement given in writing. Such notice shall be sufficient and complete when same is deposited in the United States mail, first class postage prepaid, to the address shown in the paragraph herein concerning notice.

B. CITY may at any time, at its discretion, abandon or suspend any portion of work to be done under the terms of this Agreement.

8. Equal Opportunity Assurance. During the performance of this Agreement, CONSULTANT agrees as follows:

A. CONSULTANT will not discriminate against any employee or applicant for employment because of race, sex, creed, physical handicap, color, sexual orientation, or national origin.

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28 B. In the event of CONSULTANT's noncompliance with the nondiscrimination clause of this Agreement, this Agreement may be canceled, terminated, or suspended in whole or in part.

9. 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:

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.

D. Compliance with State Workers' Compensation Requirements.

E. Other Insurance Provisions. The policies are to contain, or be endorsed to contain the following provisions:

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

10. Indemnification. CONSULTANT shall indemnify, defend, and hold harmless CITY against and from any and all claims or suits for damages or injury arising from CONSULTANT's negligence, errors or omissions in the performance of this Agreement, and shall further indemnify,

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28 defend, and hold harmless CITY against and from any and all claims or suits arising from any breach or default of any performance of any obligation of CONSULTANT hereunder, and against and from all costs, attorney's fees, expenses, and liabilities related to any claim or any action or proceeding brought within the scope of this indemnification.

12. Notice. All notices required herein shall be sent via First Class U.S. Mail with postage prepaid thereon to the parties as follows:

To CITY: Susanne Meyer Brown, Esq.

City Attorney
City of Concord
1950 Parkside Drive MS/08
Concord, CA 94519
To CONSULTANT: David Knisely, Esq.

Garrity and Knisely, PLLC
30 Howard Street, Unit 30-3
Somerville, MA 02144
Notices shall be deemed effectively served upon deposit in the United States Mail.

13. Assignment. CITY is entering into this Agreement in consideration of the rendition of the services required herein by CONSULTANT. CONSULTANT shall not assign any of the duties, responsibilities, or obligations of this Agreement to any other firm, company, entity, or individual, except with the express written consent of CITY. Nothing set forth in this paragraph shall preclude CONSULTANT from assigning any of the monies due and owing to him/her/it from CITY.

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28 14. Amendment. This Agreement may be amended, modified, or changed by the parties provided that said amendment, modification, or change is in writing and approved by both parties.

IN WITNESS WHEREOF, the parties have executed this Agreement the day and year written above.

CONSULTANT:

David Knisely, Esq.

By: ____________________________________________
Name: _________________________________________
Its: ___________________________________

CITY OF CONCORD
By: ____________________________________________
Susanne Meyer Brown, City Attorney

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THIS AGREEMENT ("Agreement") is entered into on June 28, 2022 between the City of Concord ("CITY") and HR&A Advisors, Inc., 700 S. Flower Street, Suite 2995, Los Angeles, CA 90017, (“CONSULTANT”).

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

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

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

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

2. SCOPE OF SERVICES. Subject to such policy direction and approvals provided by the CITY's Authorized Representative, CONSULTANT shall provide specialized expertise in the following:

1. Review of proposed Term Sheet.

2. Advice on any related financial matters as directed by LRA from time to time.

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

Attachment 6

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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 Guy Bjerke, Director of Economic Development & Base Reuse. The CONSULTANT’s authorized representative is Paul J. Silvern.

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

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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:

D. Compliance with State Workers' Compensation Requirements.

E. Other Insurance Provisions. The policies are to contain, or be endorsed to contain the following provisions:

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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

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shall be strictly construed.

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

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

C. Solicitations for Subcontractors including Procurement of Materials and Equipment. In all solicitation, either by competitive bidding or negotiations, made by CONSULTANT

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16. CONFLICT OF INTEREST.

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To CITY: Guy Bjerke, Director
Economic Development & Base Reuse
City of Concord
1950 Parkside Drive
Concord, CA 94519-2578
To CONSULTANT: Paul J. Silvern
Vice President
HR&A Advisors, Inc.
700 S. Flower Street, Suite 2995
Los Angeles, CA 90017

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

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

CONSULTANT CITY OF CONCORD, a Municipal
Corporation
By:_________________________________ By:______________________________ Name: Paul J. Silvern Name: Guy S. Bjerke
Vice President Title: Director, Local Reuse Authority
Company: HR&A Advisors, Inc. Company: City of Concord
Address: 700 S. Flower Street, Suite 2995 Address: 1950 Parkside Drive Los Angeles, CA 90017 Concord, CA 94519
Telephone: (310) 581-0900 Telephone: (925) 671-3150
APPROVED AS TO FORM: ATTEST:

City Attorney City Clerk
FINANCE DIRECTOR'S CERTIFICATION:

Concord, California
Date: _____________________________, 2022

I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEAR 2022/2023 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.

THE SUM OF $60,000. Account Code 4009500C999 4002011111-63800 Finance Director's Signature

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THIS AGREEMENT ("Agreement") is entered into on June 28, 2022 between the City of Concord ("CITY") and H. T. Harvey & Associates, 983 University Avenue, Building D, Los Gatos, California 95032 (“CONSULTANT”).

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

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

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

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

2. SCOPE OF SERVICES. Subject to such policy direction and approvals provided by the CITY's Authorized Representative, CONSULTANT shall provide specialized expertise in the following:

1. Interim management of biological opinion implementation activities

2. California Department of Fish and Wildlife permitting activities (ITP)

3. Review of resource permitting issue impacts on Term Sheet negotiations.

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

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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 Guy Bjerke, Director of Economic Development & Base Reuse. The CONSULTANT’s authorized representative is Stephen Rottenborn, Principal.

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agents, employees or subcontractors are agents or employees of the CITY, and CONSULTANT shall have no authority, express or implied, to act on behalf of the CITY in any capacity whatsoever as an agent, and shall have no authority, express or implied, to bind the CITY to any obligation whatsoever, unless otherwise provided in this Agreement.

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

Notwithstanding the foregoing, CITY shall not be obligated or liable for payment hereunder to any party other than the CONSULTANT. CONSULTANT hereby designates the CONSULTANT’S

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

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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 demands, actions, losses, damages, injuries, and liability arising out of sole negligence or willful misconduct on the part of 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:

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.

D. Compliance with State Workers' Compensation Requirements.

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

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

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

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

16. CONFLICT OF INTEREST.

18. CHOICE OF LAW. This Agreement shall be construed and interpreted in accordance

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with the laws of the State of California, excluding any choice of law rules which may direct the application of the laws of another jurisdiction. In the event that suit shall be brought by either party hereunder, the parties agree that trial of such action shall be held exclusively in a state court in the County of Contra Costa, California.

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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.

To CITY: Guy Bjerke, Director
Economic Development & Base Reuse
City of Concord
1950 Parkside Drive
Concord, CA 94519-2578
To CONSULTANT: Stephen C. Rottenborn, Ph.D.

Principal
H.T. Harvey & Associates
983 University Avenue, Building D
Los Gatos, CA 95032

This Agreement may be executed in several counterparts, each of which shall constitute one and

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the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.

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

CONSULTANT CITY OF CONCORD, a Municipal
Corporation
By:_________________________________ By:______________________________ Name: Stephen C. Rottenborn, Ph.D Name: Guy S. Bjerke
Title: Principal Title: Director, Local Reuse Authority Company: H.T. Harvey & Associates Company: City of Concord Address: 983 University Avenue, Building D Address: 1950 Parkside Drive Los Gatos, CA 95032 Concord, CA 94519
Telephone: (408) 458-3205 Telephone: (925) 671-3150
APPROVED AS TO FORM: ATTEST:

City Attorney City Clerk
FINANCE DIRECTOR'S CERTIFICATION:

Concord, California
Date: _____________________________, 2022

I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEAR 2022/2023 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.

THE SUM OF $60,000. Account Code 4009500C999 4002011111-63800 Finance Director's Signature

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AGREEMENT FOR LEGAL PROFESSIONAL SERVICES
THIS AGREEMENT is entered into on June 28, 2022 (“EFFECTIVE DATE”) by and between the City of Concord ("CITY"), and Jarvis Fay LLP (“CONSULTANT”).

WHEREAS, CITY requires the assistance of outside legal counsel to perform legal advisory and litigation services for CITY.

NOW, THEREFORE, in consideration of the mutual promises, covenants, and agreements subject to the terms and conditions set forth herein, the parties agree as follows:

1. Scope of Work.

A. CONSULTANT shall assist and represent the CITY in all matters, including but not limited to, the following:

1. Provide CEQA and land use advice related to Concord Naval Weapon Station matters.

2. Advice on any related matters as directed by LRA from time to time.

B. CONSULTANT shall obtain prior CITY approval for the retention of any subconsultants and/or expert witnesses.

Hourly Rates for FY 2022-23
Rate
Group
Senior
Partner
Partner/Of
Counsel
Senior Associate Associate Legal
Assistant
Public Agency
(Discounted)
380 340 305 265 135
Reimbursable 520 470 415 365 185
Attachment 8

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Rick Jarvis, Esq. (Senior Partner)
Alexandra Barnhill, Esq. (Senior Partner)
Kathleen (Kit) Faubion, Esq. (Of Counsel)
Christie Crowl, Esq. (Partner)

6. CITY-Authorized Representative. An authorized representative shall represent CITY in all matters pertaining to the services rendered by CONSULTANT under this Agreement. All

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7. Termination.

B. CITY may at any time, at its discretion, abandon or suspend any portion of work to be done under the terms of this Agreement.

8. Equal Opportunity Assurance. During the performance of this Agreement, CONSULTANT agrees as follows:

A. CONSULTANT will not discriminate against any employee or applicant for employment because of race, sex, creed, physical handicap, color, sexual orientation, or national origin.

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9. 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:

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.

D. Compliance with State Workers' Compensation Requirements.

E. Other Insurance Provisions. The policies are to contain, or be endorsed to contain the following provisions:

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12. Notice. All notices required herein shall be sent via First Class U.S. Mail with postage prepaid thereon to the parties as follows:

To CITY: Susanne Meyer Brown, Esq.

City Attorney
City of Concord
1950 Parkside Drive MS/08
Concord, CA 94519
To CONSULTANT: Alexandra Barnhill, Esq.

Jarvis Fay LLP
555 12th St, Suite 1630
Oakland, CA 94607
Notices shall be deemed effectively served upon deposit in the United States Mail.

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IN WITNESS WHEREOF, the parties have executed this Agreement the day and year written above.

CONSULTANT:

Alexandra Barnhill
Senior Partner
By: ____________________________________________
Name: _________________________________________
Its: ___________________________________

CITY OF CONCORD
By: ____________________________________________
Susanne Meyer Brown, City Attorney

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AGREEMENT FOR PROFESSIONAL SERVICES
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THIS AGREEMENT ("Agreement") is entered into on June 28, 2022 between the City of Concord ("CITY") and Johnson Marigot Consulting LLC, (“CONSULTANT”).

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

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

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

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

2. SCOPE OF SERVICES. Subject to such policy direction and approvals provided by the CITY's Authorized Representative, CONSULTANT shall provide

1. Strategy and support for resource permitting efforts.

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

3. PAYMENT. CONSULTANT shall be compensated, not to exceed Twenty-four Thousand Dollars ($24,000) for basic services rendered, as described in Section 2, in accordance with the terms and conditions included therein. Any Amendment to this Agreement that includes an increase to this compensation amount shall be made in accordance with Section 5 below.

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by the City Council. The CITY’s authorized representative is Guy Bjerke, Director of Economic Development & Base Reuse. The CONSULTANT’s authorized representative is Cameron Johnson.

As an independent contractor, CONSULTANT shall not be eligible for any benefits, which the

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

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

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11. INSURANCE. CONSULTANT shall, at its own expense, procure and maintain in full

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force at all times during the term of this Agreement the following insurance:

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.

D. Compliance with State Workers' Compensation Requirements.

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occupied, or used by CONSULTANT. The coverage shall contain no special limitations on the scope or protection afforded to CITY, its officers, officials, employees, or volunteers.

13. SUSPENSION OF WORK. CITY may, at any time, by ten (10) days’ written notice, suspend further performance by CONSULTANT. All suspensions shall extend the time schedule for

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performance in a mutually satisfactory manner, and CONSULTANT shall be paid for services performed and reimbursable expenses incurred prior to the suspension date. During the period of suspension, CONSULTANT shall not receive any payment for services, or expenses, except for reasonable administration expenses, incurred by CONSULTANT by reason of such suspension.

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

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

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on the grounds of race, religion, color, sex, or national origin.

16. CONFLICT OF INTEREST.

19. NON-WAIVER. The waiver by either party of any breach of any term, covenant, or

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condition contained in the Agreement, or any default in their performance of any obligations under the Agreement shall not be deemed to be a waiver of any other breach or default of the same or any other term, covenant, condition, or obligation, nor shall any waiver of any incident of breach of default constitute a continuing waiver of same.

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To CITY: Guy Bjerke, Director
Economic Development & Base Reuse
City of Concord
1950 Parkside Drive
Concord, CA 94519-2578
To CONSULTANT: Cameron Johnson, Principal
Johnson Marigot Consulting, LLC
433 Visitacion Ave,
Brisbane, CA 94005

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

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CONSULTANT CITY OF CONCORD, a Municipal
Corporation
By:_________________________________ By:______________________________ Name: Cameron Johnson Name: Guy S. Bjerke
Title: Principal Title: Director, Local Reuse Authority Company: Johnson Marigot Consulting LLC Company: City of Concord Address: 433 Visitacion Ave Address: 1950 Parkside Drive Brisbane, CA 94005 Concord, CA 94519
Telephone: (415) 602-2970 Telephone:(925) 671-3150
APPROVED AS TO FORM: ATTEST:

City Attorney City Clerk
FINANCE DIRECTOR'S CERTIFICATION:

Concord, California
Date: _____________________________, 2022

I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEAR 2022/2023 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.

THE SUM OF $24,000. Account Code 4009500C999 4002011111-63800 Finance Director's Signature

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AGREEMENT FOR LEGAL PROFESSIONAL SERVICES
THIS AGREEMENT is entered into on June 28, 2022 (“EFFECTIVE DATE”) by and between the City of Concord ("CITY"), and Lubin Olson & Niewiadomski LLP, 600 Montgomery Street, 14th Floor, San Francisco, CA 94111 ("CONSULTANT").

WHEREAS, CITY requires the assistance of outside legal counsel to perform legal advisory and litigation services for CITY.

NOW, THEREFORE, in consideration of the mutual promises, covenants, and agreements subject to the terms and conditions set forth herein, the parties agree as follows:

1. Scope of Work.

A. CONSULTANT shall assist and represent the CITY in all matters, including but not limited to, the following:

1. Strategy and support for overall resource permitting efforts

2. Review of resource permitting issue impacts on Term Sheet negotiations.

3. Advice on any related matters as directed by LRA from time to time.

B. CONSULTANT shall obtain prior CITY approval for the retention of any subconsultants and/or expert witnesses.

Shawn Zovod, Partner - $575 per hour
Attachment 10

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Shawn Zovod, Esq

6. CITY-Authorized Representative. An authorized representative shall represent CITY in all matters pertaining to the services rendered by CONSULTANT under this Agreement. All documents and requests for information shall be submitted through this representative and CITY will

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28 cooperate with CONSULTANT in all matters relating to this Agreement in such manner as will result in the performance of such work without delay. The CITY-authorized representative is the City Attorney.

7. Termination.

B. CITY may at any time, at its discretion, abandon or suspend any portion of work to be done under the terms of this Agreement.

C. In the event of CITY's abandonment or suspension of CONSULTANT's work under this Agreement, or in the event of the termination of this Agreement, CONSULTANT shall stop work at the stage directed by CITY and shall deliver to CITY all reports, pleadings, discovery, and file materials relating to the former Concord Naval Weapons Station Resource Permitting efforts. At the discretion of CITY, CONSULTANT shall also cancel all orders for goods or services connected with this Agreement which have not been delivered or received,

8. Equal Opportunity Assurance. During the performance of this Agreement, CONSULTANT agrees as follows:

A. CONSULTANT will not discriminate against any employee or applicant for employment because of race, sex, creed, physical handicap, color, sexual orientation, or national origin.

B. In the event of CONSULTANT's noncompliance with the nondiscrimination

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28 clause of this Agreement, this Agreement may be canceled, terminated, or suspended in whole or in part.

9. 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:

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.

D. Compliance with State Workers' Compensation Requirements.

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

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28 volunteers are to be covered as an additional insured as respects: Liability arising out of activities performed by or on behalf of CONSULTANT and operations of CONSULTANT, premises owned, occupied, or used by CONSULTANT. The coverage shall contain no special limitations on the scope or protection afforded to CITY, its officers, officials, employees, or volunteers.

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28 or default of any performance of any obligation of CONSULTANT hereunder, and against and from all costs, attorney's fees, expenses, and liabilities related to any claim or any action or proceeding brought within the scope of this indemnification.

12. Notice. All notices required herein shall be sent via First Class U.S. Mail with postage prepaid thereon to the parties as follows:

To CITY: Susanne Meyer Brown, Esq.

City Attorney
City of Concord
1950 Parkside Drive MS/08
Concord, CA 94519
To CONSULTANT: Shawn Zovod, Esq.

Lubin Olson & Niewiadomski LLP
600 Montgomery Street, 14th Floor
San Francisco, CA 94111
Notices shall be deemed effectively served upon deposit in the United States Mail.

14. Amendment. This Agreement may be amended, modified, or changed by the parties provided that said amendment, modification, or change is in writing and approved by both parties.

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28 15. Entire Agreement. This Agreement contains the entire agreement between the parties hereto. No promise, representation, warranty, or covenant not included in the Agreement has been or is relied upon by any party hereto.

IN WITNESS WHEREOF, the parties have executed this Agreement the day and year written above.

CONSULTANT:

Lubin Olson & Niewiadomski LLP
By: ____________________________________________
Name: _________________________________________
Its: ___________________________________

CITY OF CONCORD
By: ____________________________________________
Susanne Meyer Brown, City Attorney

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Benched Table 1
Agenda Item No. 8.b
June 28, 2022
Table 1 - Revised
Att. # Consultant/Vendor/Start
Agreement
Expiration Focused Work Scope Description Funding Source Not to exceed
amount FY 22/23
Estimated Inception to
6/30/2022*
Estimated Total to
6/30/23
1 ALH Economics
2012
6/20/23 Review pro-forma and assess financial impact from any policy changes to the Area Plan MD Deposit $40,000 $ 335,530 $ 375,530 2 Burke Wms Sorensen
2014
6/30/23 Draft and review Term Sheet, Reimbursement
Agreement, and advice on related matters
MD Deposit $60,000 $ 995,998 $ 1,055,998
3 ERS
2006
6/30/23 Review of remediation documentsfor theirimpact on the Reuse Project; Reports from the Remediation Project
Managers meetings; Input on the FOST and FOSL
documents
LRA Loan $60,000 $ 1,036,452 $ 1,096,452
4 ESA
2010
6/30/23 On-call to answer questionsrelated to resource permitting or questions related to Term Sheet negotiations LRA Loan $10,000 $ 1,657,505 $ 1,667,505
5 Garrity & Knisely
2006
6/30/23 Review of remediation issue impact on Term Sheet negotiations; Advice regarding remediation impacts on
Project EDC and Resource Permitting; and advice
on related matters
LRA Loan
MD Deposit $30,000 $ 1,305,640 $ 1,335,640
6 HR&A Advisors
2014
6/30/23 Review Term Sheet; and advice on related matters.

MD Deposit $60,000 $ 439,907 $ 499,907
7 HT Harvey
2010
6/30/23 Interim management of biological opinion
implementation activities; California Department of Fish and Wildlife permitting activities; Review of resource
permitting issues on Term Sheet negotiations LRA Loan
MD Deposit $60,000 $ 1,768,591 $ 1,828,591
8 Jarvis Fay (Barnhill)
2016
6/30/23 Provide CEQA and land use advice related to the Concord Naval Weapons Station matters; and advice on related
matters. LRA Loan $60,000 $ 728,442 $ 788,442
9 Johnson Marigot
2014
6/30/23 Provide strategy and support for Resource Permitting efforts LRA Loan $24,000 $ 306,410 $ 330,410
10 Lubin Olson
2007
6/30/23 Provide strategy and support for Resource
Permitting efforts; Review of resource permitting issues on Term Sheet negotiations; and advice on related
matters
LRA Loan
MD Deposit $60,000 $ 589,045 $ 649,045
$464,000 $ 9,163,520 $ 9,627,520
*Not all FY 21/22 Invoices have been received as of June 17, 2022.

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Ord. No. 21-XX 1
ORDINANCE NO. 22-9

AN ORDINANCE AMENDING THE CONCORD MUNICIPAL CODE BY ADDING CHAPTER 19.50 “RESIDENTIAL TENANT ANTI-HARASSMENT PROTECTION” WHEREAS, City of Concord renters comprise 40 percent of the City’s population and are an essential part of the community fabric; and
WHEREAS, such renter households include thousands of low- and very low-income households, including seniors, young children, and persons with special needs; and WHEREAS, the City is committed to remaining a diverse and inclusive community; and WHEREAS, in response to community concerns regarding the potential for landlord harassment of residential tenants, the City Council referred the topic an anti-harassment ordinance to the Council Committee on Housing & Economic Development (HED Committee) for discussion; and WHEREAS, the HED Committee held meetings on September 29, 2021 and October 6, 2021 to address the topic and where the public, tenant advocates, and landlord representatives provided input on the scope and content of a potential anti-harassment ordinance, and the HED Committee instructed staff to draft certain residential tenant anti-harassment protections based on the outcome of the HED Committee meeting, for City Council consideration; 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 December 14, 2022, and based on public input and City Council comments did not adopt the draft Residential Tenant Anti-Harassment Protection but instead re-referred it to the HED Committee; and WHEREAS, City staff conducted robust public outreach and solicited additional information on the draft Residential Tenant Anti-Harassment Protection, which was considered, discussed, and revised at the HED committee meeting on March 7, 2022, and then referred to the City Council for consideration; 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 June 14, 2022, on this ordinance including the proposed Residential Tenant Anti-Harassment Protection provisions as set forth in

8.c

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Ord. No. 22-XX 2
Exhibit A attached hereto and incorporated by reference (“Ordinance”), and declared their intent to approve and adopt the Ordinance and codify it as Concord Municipal Code Chapter 19.50; 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 oral and written staff reports, materials, documents, exhibits, testimony, and community presentations received at the September 29, 2021, October 6, 2021, and March 7, 2022 Special Meetings of the Housing and Economic Development Committee, and at the December 14, 2021 and June 14, 2022 City Council public hearing, that constitutes the record of proceedings upon which the City Council has based its action (collectively, “Ordinance Information”).

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

Section 1. Recitals. The City Council finds that the above recitals (which are hereby incorporated by reference) are accurate and constitute findings in this matter and, together with the Ordinance Information, serve as an adequate and appropriate evidentiary basis for the findings and actions set forth in this Ordinance and further makes the following findings.

Section 2. Ordinance Information. The City Council has reviewed, considered, and evaluated all of the Ordinance Information prior to acting upon Ordinance. The Ordinance Information is located in and may be obtained from the City of Concord Clerk’s Office, 1950 Parkside Drive, Concord, CA 94519.

Section 3. The Ordinance would not be detrimental to the public interest, health, safety, convenience, or welfare of the City, as the proposed Ordinance establishes regulations regarding the prohibition of harassment of residential tenants.

Section 4. CEQA. Adoption of this Ordinance is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, because the adoption of the Ordinance does not constitute a “project,” and will not result in a direct or reasonably foreseeable indirect physical change in the environment, pursuant to CEQA Guidelines Sections 15060(c), 15378 and Public Resources Code Section 21065. In addition, the proposed Ordinance is categorically exempt pursuant to Section 15061(b)(3), the commonsense exception of the CEQA Guidelines

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Ord. No. 22-XX 3
because it can be seen with certainty that there is no possibility that the ordinance may have a significant effect on the environment. No unusual circumstances are present. This determination reflects the City’s independent judgment and analysis.

Section 5. Municipal Code Amendment. The City Council hereby approves and adopts the amendment to the Municipal Code, specifically the addition of Chapter 19.50 “Residential Tenant Anti-Harassment Protection” as set forth in Exhibit A, attached hereto and incorporated by reference.

Section 6. Severability. If any section, subsection, clause, or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, or its application to any other person or circumstance. The City Council declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, and phrase thereof, irrespective of the fact that any one or more section, subsection, sentence, clause, or phrase be declared invalid.

Section 7. Publication and Effective Date. This Ordinance shall become effective thirty (30) days following 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 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

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Ord. No. 22-XX 4
(Seal)
Ordinance No. 22-XX was duly and regularly introduced at a regular meeting of the City Council of the City of Concord held on June 14, 2022, and was thereafter duly and regularly passed and adopted at a regular meeting of the City Council of the City of Concord on June 28, 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
Attachment: Exhibit A – Chapter 19.50 Residential Tenant Anti-Harassment Protection

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Chapter 19.50
Residential Tenant Anti-Harassment Protection
Sections

19.50.010 Purpose; Definitions; Citation

19.50.020 Prohibition of Residential Tenant Harassment.

19.50.030 Landlord Retaliation Prohibited.

19.50.040 Remedies and Penalties.

19.50.050 Lawful Evictions.

19.50.060 Severability.

19.50.010 Purpose; Definitions; Citation
(a) Purpose. The purpose of this Chapter is to deter harassing behavior by residential real property owners, to encourage such owners to follow the law and uphold their responsibility to provide habitable rental properties, and to give tenants legal recourse when they are subjected to harassment by owners. (b) Definitions. For the purposes of this chapter, the following definitions shall apply:
(1) “Disabled” shall mean the same as that term is defined in Government Code Section 12955.3.
(2) “Housing Services” include, but are not limited to, repairs, maintenance, painting, providing light, heat, hot and cold water, elevator service, window shades and screens, storage, kitchen, bath and laundry facilities and privileges, janitor services, access to exterior doors, entry systems, and gates, utilities (unless separately metered and billed to the tenant by the utility company since the inception of the tenancy, as provided in the lease), refuse removal, furnishings, telephone, parking, the right to have a specified number of occupants or tenants, the right to have pets, utility infrastructure, and any other benefit, privilege or facility connected with the use or occupancy of any rental unit.
(3) “Owner” or “landlord” shall mean any person, acting as principal or through an employee or property manager, having the right to offer residential real property for rent. (4) `“Rental agreement" shall mean an oral or written lease, sublease, or similar agreement between an owner and a tenant for the lawful occupation of residential real property. (5) “Rental unit” shall mean any building, structure, or part thereof, or land appurtenant thereto constituting or held out as residential real property, rented or leased to a tenant, together with all housing services connected with use or occupancy thereof such as common areas and recreational facilities held out for use by a tenant, regardless of zoning or permitting status.
(6) “Residential real property” shall have the same meaning as that term is defined in Civil Code Section 1954.51, which, for convenience, defines residential real property as follows:
“includes any dwelling or unit that is intended for human habitation.” (7) “Tenant" shall mean any renter, tenant, subtenant, lessee, or sublessee of residential real property together with any other person entitled under the terms of a rental agreement or lease to the use or occupancy of residential real property or a rental unit. (8) “Tenancy” shall have the same meaning as that term is defined in Civil Code Section 1954.51, which, for convenience, defines tenancy as follows: “includes the lawful occupation of residential real property and includes a lease or sublease.” (c) Citation. This chapter may be referred to as the “Residential Tenant Anti-Harassment Protection Ordinance” of the City of Concord.

Exhibit A

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19.50.020 Prohibition of Residential Tenant Harassment.

No owner acting in bad faith shall engage in any of the following acts or omissions, each of which shall constitute harassment:
(a) Quiet Enjoyment. Violate or threaten to violate the covenant of quiet enjoyment provided under Civil Code Section 1927 including, without limitation:
(1) Conduct elective renovation or construction of the interior of residential real property without the tenant’s express written advance permission; (2) Cause, directly or indirectly, the interruption or termination of any utility service furnished the tenant, including, but not limited to, water, heat, light, electricity, gas, telephone, elevator, or refrigeration;
(3) Otherwise willfully violate or threaten to violate Civil Code Section 789.3; (4) Terminate, interrupt, or fail to provide housing services required by a rental agreement absent a local health or safety emergency (e.g. COVID-19 related gym facility closures, capacity restrictions, or hours limitations) or effect necessary or desirable maintenance, repairs, or renovations and diligently pursuing such to completion. Failure to provide housing services shall include transferring costs to the tenant that that by law are paid by the landlord, or charging the tenant for housing services that were not previously charged to that tenant under their rental agreements; or
(5) Other than at the end of a tenant’s lease term, unilaterally impose or require an existing tenant to agree to new material terms of tenancy or a new rental agreement, unless the change in the terms of the tenancy is authorized pursuant to state law, including Civil Code Sections 1946.2(f), 1947.5, or 1947.12, or required by Federal, State, or local law or regulatory agreement with a government agency.
(6) Notwithstanding the foregoing, reasonably limiting hours of or imposing conditions on access to certain housing services shall not constitute a violation of this section. (b) Habitability.
(1) Fail to timely perform repairs and maintenance required by a rental agreement or by applicable Federal, State, County or local housing, health or safety laws; (2) Fail to exercise due diligence in completing such repairs once undertaken; (3) Fail to timely comply with any notice and order to correct violation issued by the City pursuant to the Concord Municipal Code including without limitation Chapter 8.10 (Sanitation), Chapter 8.25 (Neighborhood Preservation), and (Chapter 15.40 (Multi-family Rental Dwelling Units);
(4) Violate the warranty of habitability provided under Civil Code Sections 1941 and 1941.1; or
(5) Violate the habitability standards and Health and Safety Code Sections 17920.3 and 17920.10.
(c) Access. Abuse the right of access into residential real property as established by California Civil Code Section 1954 or other applicable law. Such abuse includes, without limitation:
(1) Entry for inspections that are not allowed by state law or are unrelated to necessary repairs or services;

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Concord City CouncilJune 28, 2022

Concord City Council
June 28, 2022