Agenda packet — Concord City Council, September 6, 2022

1 COUNCILMEMBERS
Dominic D. Aliano, Mayor
Laura M. Hoffmeister, Vice Mayor
Edi E. Birsan
Timothy A. McGallian
Carlyn S. Obringer
Civic Center
1950 Parkside Drive
Concord, CA 94519
www.cityofconcord.org
Regular Meeting of the
Concord City Council/City
Council Sitting as the
Local Reuse
Authority/City Council
Sitting as the Concord-
Pleasant Hill Health Care
District
Tuesday,
September 6, 2022
6:30 p.m. - Open Session Council Chamber
1950 Parkside Drive
and Various
telephonic/electronic
locations
NOTICE: Members of the City Council, City staff/consultants, and the public will be able to participate either in-person or remotely via Zoom.

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
2 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/83207725571?pwd=VVJZelZDL01rRUJ2MUJPdDFFamJUdz09 oWebinar ID: 832 0772 5571
oPasscode: 635744
oBy phone: US: +1 669 900 6833 or +1 346 348 7799 or 1 253 215 8782 Speakers will be asked to provide their name and city of residence, although providing this is not required for participation.
Each speaker will be afforded up to 3 minutes to speak. Speakers will be muted until their opportunity to provide public comment. When 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.
3 1. OPENING
Roll Call
Pledge of Allegiance - Councilmember Obringer

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

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

3. PRESENTATIONS
a. Presentation – to Concord Junior Giants volunteers. Presentation by Vice Mayor Hoffmeister.

4. CITY COUNCIL/LOCAL REUSE AUTHORITY (LRA)/CONCORD-PLEASANT HILL

HEALTH CARE DISTRICT (CPHHCD) CONSENT CALENDAR
The public is entitled to address the City Council/LRA/CHPPCD on items appearing on the Consent Calendar before or during the City Council’s/LRA’s/CPHHCD 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 Consent Calendar
a. Considering – adoption of a Resolution approving the Final Map for Subdivision 9555, 1881 Whitman Road (Assessor’s Parcel Number: 147-180- 001 and -002. Recommended by the Director of Community
Development.

CEQA: Exempt pursuant to CEQA Guidelines Sections 15268(a)(b)(3). b. Considering – adoption of a Resolution approving the street name “Heckmann Lane” for Subdivision No. 9555, located at 1881 Whitman Road.

Recommended by the Director of Community Development.

CEQA: Previously determined to be exempt under CEQA Guidelines Section 15332 (Infill Development Projects); street naming is not a project/exempt under Public Resources Code 21065, CEQA Guidelines Sections 15060(c)(2), 15060(c)(3), 15378 and/or 15061(b)(3).
4 c. Considering – the adoption of a Resolution accepting and appropriating grant funding from the California Governor’s Office of Emergency Services (Cal OES) in the amount of $175,000 to conduct analysis to identify non- English languages spoken in four grant eligible census tracts within the City for the purpose of developing a strategy for incorporating language access consideration into the City’s emergency management plans, Project No. 2668. Recommended by the Chief of Police
d. Considering – adoption of a Resolution approving an extension until October 12, 2023 of the Shell Gas Station Use Permit, Variance, Minor Exception, Finding of Public Convenience and Necessity, and Design and Site Review for the construction of an approximately 3,541 square foot convenience store with alcohol sales, a 1,121 square foot car wash with 539 square foot detail bay, and a new 2,741 square foot fuel canopy with four fueling dispensers at 1500 and 1590 Concord Avenue (PL19022 – UP, VA, ME, DR); APNs 126- 043-032 and -033. Recommended by the Director of Community Development.

CEQA: Previously determined that the 1500-1790 Concord Avenue Project Addendum and the 1500-1790 Concord Avenue Project Revised Addendum served as an Addendum to the 2012 SEIR; the extension of the approval is not a “project” under Public Resources Code Section 21065 and CEQA Guidelines Sections 15060(c)(2), 15060(c)(3) and 15378. e. Considering – approval of a License Agreement with Resources for Community Development (RCD) to allow temporary use of the City-owned property at Galindo and Oak Streets as a construction yard and for the storage and staging of materials and equipment for the period between September 7, 2022 to September 6, 2024 (APN: 126-122-024); 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: Exempt per CEQA Guidelines Sections 15301 – Existing Facilities, 15303 - New Construction or Conversion of Small Structures, 15304 – Minor Alterations to Land, and/or 15305 – Minor Alterations in Land Use Limitations. f. Considering – adoption of a Resolution approving a Design and Site Review Amendment modifying a condition of approval to allow an internally illuminated wall sign for Kolaboration Concord, LLC (dba “CoCo Farms” at 2366 Stanwell Circle, APN 112-252-021 (PL22140 – DRA). Recommended by the Director of Community Development.

CEQA: Previously determined to be categorically exempt pursuant to CEQA Guidelines Sections 15301, 15302, 15303, 15304; and/or Section 13305; the sign is exempt/not a project under CEQA Guidelines Section 15311, 5 15060(c)(2), 15061(b)(3), 15378, and/or Public Resources Code Section 21065.
g. Considering – award of purchase of twelve 2023 Ford Utility Police Interceptors to National Auto Fleet Group in the amount of $666,802.20 (Annual Vehicle Replacement Fund). Recommended by the Director of Public Works.

City Council/Local Reuse Authority (LRA)/Concord-Pleasant Hill Health Care District (CPHHCD) Consent Calendar
h. 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.

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

6. REPORTS AND ANNOUNCEMENTS
a. City Manager or Staff Reports
b. Council Reports

7. ADJOURNMENT
Next Meeting: Regular Meeting
Date: 9/13/2022 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 6 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: September 6, 2022
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kevin Marstall, PE, Director of Community Development Bruce Davis, PE, Interim City Engineer
Prepared by: Mitra Abkenari, Associate Engineer
[email protected]
(925) 671-3439
Subject: Considering adoption of a Resolution approving the Final Map for Subdivision 9555, 1881 Whitman Road (Assessor’s Parcel Number: 147-180-001 and -002.

CEQA: Exempt pursuant to CEQA Guidelines Sections
15268(a)(b)(3).

Report in Brief
The 1881 Whitman Road Subdivision project proposes to construct 15 single-family homes on a 2.2-acre site located at 1881 Whitman Road, of which approximately 0.18 acres will be used for private drainage easements (Parcel A & B) for the treatment and conveyance of stormwater, 0.42 acres for a private access and utility easement for a new private drive (Parcel C & G), and 0.42 acres will be retained for an existing private road easement. The project will also provide 4,250 square feet of private open space. The applicant for the project, Lenox Homes has prepared a Final Subdivision Map and Subdivision Improvement Plans that substantially conform to the Vesting Tentative Subdivision Map titled “Whitman Road.” The applicant requests City Council approval of the Final Map before completing all public improvements required by the conditions of approval of the vesting tentative map and wishes to enter into an agreement for the completion of the improvements within two (2) years.

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City Council Agenda Report
Agenda Item No. 4.a
September 6, 2022
Recommended Action
Adopt a Resolution approving the Final Map for Subdivision 9555, Whitman Road (Assessor’s Parcel No. 147-180-001 and -002); and accept, subject to improvement, right of way improvements and 10 feet right of way offered for dedication along Whitman Road.

Background
On November 3rd, 2021, an application for a Vesting Tentative Map, Planned Development, Use Permit, Design and Site Review, and Tree Removal Permit for a small lot development with fifteen single family dwellings on a 2.2-acre site was approved by the Planning Commission. The Planning Commission approved with conditions and findings the Vesting Tentative Map, Design Review, and Tree Removal Permit (PL20252 – TM, UP, DR, RT).

Analysis
Pursuant to Government Code Section 66474.1, the City may not deny approval of a Final Map if the City finds that the Final Map is in substantial compliance with a Vesting Tentative Map that had been previously approved by the City. Formal approval of the Final Map is considered a “ministerial act” and the Council has no discretion to disapprove the Final Map in the absence of fraud, if the Final Map is deemed to be in substantial compliance with the Vesting Tentative Map.

Here, the City Engineer certifies that the Final Map is in substantial compliance with all applicable provisions of the Vesting Tentative Map, as amended, titled “Whitman Road” approved by the Planning Commission on November 3rd, 2021, complies with the applicable provisions of the Subdivision Map Act and City Municipal Code, and that the Final Map is technically correct.

The Final Map includes offers of dedication for public street purposes (a 10-foot-wide area along the Whitman Road). The common improvements, including the private street, private sanitary sewer, private storm drain, common areas, stormwater treatment systems and landscaping will be maintained by the Homeowners Association as outlined in the Covenant, Conditions and Restrictions (CC&R) for the subdivision and the maintenance agreements (“Stormwater Maintenance Agreement” and “Property Maintenance Agreement”).

Lenox Homes requests approval of the Final Map before completing the public and other improvements required to serve the subdivision, and as outlined in the conditions of approval of the vesting tentative map. In addition, the applicant wishes to enter into an agreement for the completion of the public and other improvements within two years (“Subdivision Improvement Agreement”) and to provide security for the performance of its obligations (“Performance Security”). Pursuant to Municipal Code Section 17.20.100, before the City may approve a final map, the subdivider shall enter into an agreement with the City assuring the completion of the subdivision within the specified time. The agreement shall be approved by the City Engineer, in a form approved by the City Attorney.

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City Council Agenda Report
Agenda Item No. X
August 9, 2022
The conditions of approval require the subdivider to enter into an agreement for the maintenance of commonly owned exterior and underground improvements (“Property Maintenance Agreement”). The conditions of approval also require the subdivider to install permanent features that regulate the outflow and prevent the pollution of stormwater runoff from the project site and enter into an agreement for the operation, maintenance, and preservation of the stormwater treatment measures (“Stormwater Maintenance Agreement”). Once executed by the Applicant and City Manager, in a form approved by the City Attorney these agreements shall be recorded against the subject project.

Environmental Determination
Pursuant to CEQA Guidelines Sections 15268(a), ministerial projects are exempt from CEQA. Pursuant to CEQA Guidelines Sections 15268(b)(3), approval of a final subdivision map is a ministerial action. Therefore, Council action on this item exempt from CEQA review. 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.

Financial Impact
The subdivider has paid the fees and charges required for the improvement plan reviews and inspections. The water system improvements constructed to serve the project will be owned and maintained by the Contra Costa Water District. The City will accept the street improvements constructed within the public right-of-way on Whitman Road, upon completion of the subdivision improvements. The private sewer, private storm drain, and other utilities within the private road, as well as utility connections serving the subdivision within the public right of way, will be maintained by the Homeowners’ Association (HOA).

Public Contact
The City Council Agenda was posted.

Attachments

1. Vicinity Map

2. Resolution

3. Final Subdivision Map

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1881 Whitman Road APN 147-180-001 &
APN 147-180-002

VICINITY MAP
Attachment 1

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Res. No. xx-xx 1

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Approving the Final Map for
Subdivision 9555, 1881 Whitman Road, Assessor's
Parcel No. 147-180-001 and -002
Resolution No. 22-XX
/
WHEREAS, on November 3rd, 2021, the City of Concord Planning Commission approved with conditions and findings the Whitman Road Subdivision Vesting Tentative Map, Design Review, and Tree Removal Permit (PL20252 – TM, UP, DR, RT); and WHEREAS, the subdivision proposes to subdivide Assessor’s Parcel Number 147-180-001 and -002 into 23 lots, for the purpose of constructing 15 single-family homes; and WHEREAS, on August 9, 2022, the Street name will go before the City Council for approval for Whitman Road Subdivision (No. 9555); and
WHEREAS, the City Engineer has certified that the Final Map conforms to the approved Vesting Tentative Map, and that it is technically correct; and WHEREAS, the developer has complied with all applicable conditions of approval established by the Planning Commission for this Subdivision prior to Final Map approval; and WHEREAS, the conditions of approval require the developer to install permanent features that prevent the pollution of stormwater runoff from the project site and enter into an agreement for the operation, maintenance and preservation of the stormwater treatment measures (“Stormwater Maintenance Agreement”), establish a homeowners association (“HOA”), record certain covenants, conditions and restrictions against the subdivision (“CC&Rs”), and enter into an agreement for the maintenance of private improvements (“Property Maintenance Agreement”) including the private street, private sewer, storm drain outside of the public right of way and within private storm drain easements, street lights, and other private improvements pursuant to CMC Section 18.160 “streets”; and
WHEREAS, the developer has requested approval of the Final Map before completing the required improvements and wishes to enter into an agreement for the completion of those required Attachment 2

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Res. No. xx-xx 2
improvements within two (2) years (“Subdivision Improvement Agreement”) and provide security for the performance of its obligations (“Performance Security”); and WHEREAS, the developer has offered for dedication to the City a ten-foot street dedication along Whitman Road and certain easements as identified on the Final Map, signed the Subdivision Improvement Agreement, posted the Performance Security, signed the Property Maintenance Agreement, paid the applicable fees, and is in the process of establishing the HOA and finalizing the CC&Rs and Stormwater Maintenance Agreement.

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

Section 1. Approves the Final Map of Subdivision 9555 and directs the City Clerk, Planning Manager, and City Engineer to sign the Final Map on behalf of the City and authorizes recordation of the Final Map.

Section 2. Accepts, subject to improvements, on behalf of the public, a ten-foot street dedication and all of the easements shown on the Final Map for public use.

Section 3. The City Clerk shall cause a certified copy of this resolution attested to under her seal to be recorded in the Office of the Contra Costa County Recorder.

Section 4. This resolution shall become effective immediately upon its passage and adoption. //
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Res. No. xx-xx 3
PASSED AND ADOPTED by the City Council of the City of Concord on September 6, 2022, by the following vote:

AYES: Councilmembers -
NOES: Councilmembers -
ABSTAIN: Councilmembers -
ABSENT: Councilmembers -
I HEREBY CERTIFY that the foregoing Resolution No. 22-XX was duly and regularly adopted at a regular meeting of the City Council of the City of Concord on September 6, 2022.

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney

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Attachment 3

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From: "Reid, Karan" <[email protected]>
Date : September 6, 2022 at 11:20:02 AM PDT
Cc: "Barone, Valerie" <[email protected]>, "Ezell, Justin" <Justin.Ezell@c ityofconc ord.org>, "McAuley, Wendy" <[email protected]>, "Marstall, Kevin" <Kevin.Marstall@cityofconc ord.org>, "Davis, Bruce" <[email protected]>, "Abkenari, Mitra" <[email protected]> Subject: FW: Questions regarding item 4a

This e-mail is being shared with all Councilmembers

Carlyn and Edi,

Please see Kevin Marstall’s responses to your questions on item 4.a. below.

Concerning maintenance of the public improvements, the City will assume responsibility for the roadway within Whitman Road upon acceptance of the subdivision by City Council after completion of construction, however the sidewalk constructed on Whitman Road, per Municipal Code, will be the maintenance responsibility of the adjacent property owners for their respective frontage, and finally as noted by the Councilmember the private road and private utilities will be the maintenance responsibility of the HOA.

The existing 10-ft wide drainage easement is for the purpose of a City-owned and maintained 36” diameter storm drain main that runs parallel to Whitman Road along the project frontage. This storm drain will remain city owned and maintained after the map action and subdivision construction.

The final map will widen the existing public roadway width by 10-ft in order to allow for new public sidewalk to be installed. In other words, the existing drainage easement will become public right of way.

The existing storm drain main will remain in place under the new sidewalk.

Let me know if you have any additional questions.

Karan Reid
Director of Finance
City of Concord
[email protected]
925.671.3192

Benched Correspondence
Agenda Item No. 4.a
September 6, 2022

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From: "Obringer, Carlyn" <[email protected]> Date : September 4, 2022 at 12:18:31 PM PDT
To: "Barone, Valerie" <[email protected]> Subject: Question regarding item 4a

Hi Valerie,
Do I understand correctly that the HOA will be required to maintain the private road within the subdivision, but that the City will maintain the improvements along Whitman Road?

Best Regards,
Carlyn

Carlyn Obringer
Councilmember, District 2
City of Concord

From: Edi Birsan <[email protected]>
Date : September 3, 2022 at 1:48:17 PM PDT
To: "Barone, Valerie" <[email protected]>, "Ezell, Justin" <Justin.Ezell@c ityofconc ord.org>, "Reid, Karan" <[email protected]> Cc: "Marstall, Kevin" <[email protected]> Subject: ite m 4a agenda

Whitman Road subdivision prepared by [email protected]

in the Surveyor report page 17 note 3
it says that

“A 10’ wide drainage easement to the city of Concord….this easement is overlain by the proposed offer of dedication.”

Does this mean that the city is responsible for the maintenance of the 10’ drainage?

Edi Birsan
Concord, CA 94518

Please take the survey at
www.PulseOfConcord.com

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Staff Report
Date: September 6, 2022
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Mindy Gentry, Planning Manager
Prepared by: Aaron Sage, Principal Planner
[email protected]
(925) 671-3465
Subject: Considering adoption of a Resolution approving the street name “Heckmann Lane” for Subdivision No. 9555, located at 1881 Whitman Road.

Report in Brief
On November 3, 2021, the Planning Commission approved a Vesting Tentative Map, Planned Development Use Permit, Design and Site Review and Tree Removal Permit for a small lot development with 15 single-family dwellings on a 2.2-acre site at 1881 Whitman Road. The Final Map for the project is scheduled for consideration by the City Council on August 9, 2022. Staff has followed the City’s street naming routing procedures and is now bringing the proposed street name for the subdivision, “Heckmann Lane”, to the City Council for review and approval, consistent with the Subdivision Ordinance requirements.

Recommended Action
Adopt a Resolution (Attachment 1) approving the street name “Heckmann Lane” for Subdivision No. 9555, located at 1881 Whitman Road.

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City Council Agenda Report
Agenda Item No. 4.b
September 6, 2022
Background
On November 3, 2021, the Planning Commission unanimously approved the Vesting Tentative Map, Planned Development Use Permit, Design and Site Review, and Tree Removal Permit, subject to conditions of approval. The decision was not appealed.

On June 7, 2022, the project developer, Lenox Homes, submitted a street name request for the project’s new streets as required by the conditions of approval. On July 8, 2022, the Planning Division routed the request to the City’s street naming committee, which includes internal and external reviewers, for a response by July 22, 2022.

The proposed street name is “Heckmann Lane.” This name is proposed in honor of the family which has owned this property for several decades. The property owner and project developer have an agreement that this name be used, if approved by the City.

Analysis
The proposed name, “Heckmann Lane,” would be used for both new streets in the project, which intersect each other. The rear street is very short and serves four lots— together they create a “T-shaped” street (See Exhibit A of the Attachment). If this name is not acceptable, the applicant has proposed the following as alternate names: Lone Oak Lane, Valley Oak Lane, and Valley Glen Lane.

As required by Section 17.20.030(17) of the Concord Municipal Code, the proposed street name options were circulated to various departments and agencies including the Concord Police Department, the Contra Costa County Fire District, and the U.S. Postal Service for review in order to avoid name conflicts or duplications. There were no objections to the requested name, “Heckmann” Lane, or the alternative names.

The City Council is required to consider and approve street names. The applicant’s preference is to name the subdivision’s streets “Heckmann Lane” and staff supports the request.

Financial Impact
This project has no fiscal impact on the City.

Environmental Determination
Pursuant to the California Environmental Quality Act of 1970, Public Resources Code §21000, et seq., as amended and implementing State CEQA Guidelines, Title 14, Chapter 3 of the California Code of Regulations (collectively, “CEQA”), the Planning Commission previously determined on November 3, 2021, as part of its review and approval of the project, that the project was exempt from CEQA, pursuant to CEQA Guidelines Section 15332 (Infill Development Projects). A Notice of Exemption was filed on November 5, 2021.

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City Council Agenda Report
Agenda Item No. 4.b
September 6, 2022
The subject street does not change the project and all findings, terms, and/or conditions of approval remain in full force and effect. Accordingly, the naming of a street does not constitute a “project” within the meaning of Public Resources Code Section 21065 and CEQA Guidelines Sections 15060(c)(2), 15060(c)(3), or 15378 because there is no potential that the activity will result in a reasonably foreseeable indirect or direct physical change in the environment.

Even if the street naming did constitute a project under CEQA, it falls within the “common sense” exemption set forth in 14 Cal. Code Regs. Section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment…” Therefore, the proposed street naming does not warrant further environmental review.

Public Contact
The City Council Agenda was posted.

Attachment

1. City Council Resolution approving the street name “Heckmann Lane” with Exhibit A - Street Name Exhibit

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Res. No. 22-XX 1

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Approving the Street Name “Heckmann
Lane” for Subdivision No. 9555, Located at 1881
Whitman Road
Resolution No. 22-XX
/
WHEREAS, on November 3, 2021, the Planning Commission approved a Vesting Tentative Map, Planned Development Use Permit, Design and Site Review, and Tree Removal Permit for a small lot development with 15 single-family dwellings on a 2.2-acre site at 1881 Whitman Road (referred to herein as the “Project’); and
WHEREAS, no appeal of the Planning Commission’s decision to approve the Project was filed; and
WHEREAS, on July 11, 2017, the City Council adopted Ordinance No. 17-9 amending the Subdivision Ordinance, requiring the City Council’s review and approval of street naming for all subdivisions, prior to final map approval; and
WHEREAS, on June 7, 2022, the Project applicant, Lenox Homes, submitted a request for a new street name for the Project, and on July 8, 2022, the item was routed to the City’s street naming committee, which includes internal and external local and regional agencies; and WHEREAS, the provisions of Section 17.20.030(b)(17) of the Concord Municipal Code regarding street names have been satisfied; and
WHEREAS, no substantive comments regarding the preferred street name of were received from the City’s street naming committee; and
WHEREAS, the proposed street name of “Heckmann Lane” is being brought to the City Council for review and approval, in conformance with the Subdivision Ordinance; and WHEREAS, on August 9, 2022, the City Council, at a duly-notice regular meeting, considered and reviewed the proposed street name; and
WHEREAS, on August 9, 2022, after consideration of all pertinent plans, documents, reports, and oral and written testimony received at the public meeting, the City Council approved the street Attachment 1

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Res. No. 22-XX 2
name for Subdivision No. 9555 as “Heckmann Lane”.

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

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

Section 2. Pursuant to the California Environmental Quality Act of 1970, Public Resources Code §21000, et seq., as amended and implementing State CEQA Guidelines, Title 14, Chapter 3 of the California Code of Regulations (collectively, “CEQA”), the Planning Commission previously determined on November 3, 2021, as part of its review and approval of the project, that the project was exempt from CEQA, pursuant to CEQA Guidelines Section 15332 (Infill Development Projects).

A Notice of Exemption was filed on November 5, 2021. The subject street does not change the project and all findings, terms, and/or conditions of approval remain in full force and effect. Accordingly, the naming of a street does not constitute a “project” within the meaning of Public Resources Code Section 21065 and CEQA Guidelines Sections 15060(c)(2), 15060(c)(3), or 15378 because there is no potential that the activity will result in a reasonably foreseeable indirect or direct physical change in the environment. Even if the street naming did constitute a project under CEQA, it falls within the “common sense” exemption set forth in 14 Cal. Code Regs. Section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment…” Therefore, the proposed street naming does not warrant further environmental review.

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

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

Section 5. The City Council hereby approves the street name as “Heckmann Lane” for Subdivision 9555 for use on Street A and Street B on the Vesting Tentative Map (Exhibit A).

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Res. No. 22-XX 3
Section 6. This resolution shall become effective immediately upon its passage and adoption and shall remain effective until amended, superseded, or repealed by a separate resolution adopted by the City Council.

PASSED AND ADOPTED by the City Council of the City of Concord on September 6, 2022, by the following vote:

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney
Attachment: Exhibit A – Street Name Exhibit

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C-1
LEGEND

VESTING TENTATIVE MAP

CONCORD CONTRA COSTA COUNTY CALIFORNIA
FOR
SCALE: AS SHOWN
ABBREVIATIONS:

NOTES AND STREET SECTIONS

PRELIMINARY GRADING AND DRAINAGE PLAN

SHEET INDEX

GENERAL NOTES

PRELIMINARY DEVELOPMENT PLAN

VICINITY MAP

PRELIMINARY STORM WATER MANAGEMENT PLAN

BOUNDARY AND EXISTING CONDITION

PRELIMINARY UTILITY PLAN
ASSOCIATES, INC.M
CONCORDCALIFORNIA20-03-01
7 SUBDIVISION 9555WHITMAN ROAD
CONTRA COSTA COUNTY PHONE 925-685-0110 FAX 925-685-0660 1500 WILLOW PASS COURT, CONCORD, CA 94520
DeNova Homes

VESTING TENTATIVE MAP

PRELIMINARY STRIPING PLAN
SEPTEMBER, 2021
Exhibit A

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Staff Report
Date: September 6, 2022
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Mark Bustillos, Chief of Police
Prepared by: Trish Beirne, Emergency & Volunteer Services Manager [email protected]
(925) 671-3184
Subject: Considering the adoption of a Resolution accepting and appropriating grant funding from the California Governor’s Office of Emergency Services (Cal OES) in the amount of $175,000 to conduct analysis to identify non-English
languages spoken in four grant eligible census tracts within the City for the purpose of developing a strategy for
incorporating language access consideration into the City’s emergency management plans, Project No. 2668.

Report in Brief
The City of Concord is the recipient of California Governor’s Office of Emergency Services (Cal OES) funding in the amount of $175,000. This funding is part of the Prepare California Jumpstart Initiative, which was developed to help socially vulnerable and high hazard risk communities jumpstart their progress towards greater resilience through funds to subsidize local mitigation and resilience initiatives. These communities are more heavily impacted disproportionately by disaster and experience longer and more challenging economic and structural recoveries.

Recommended Action
Adopt a Resolution accepting and appropriating grant funding from the California Governor’s Office of Emergency Services (Cal OES) in the amount of $175,000 to conduct analysis to identify non-English languages spoken in four grant eligible census tracts within the City for the purpose of developing a strategy for incorporating language access consideration into the City’s emergency management plans, Project No. 2668.

4.c4.c4.c4.c4.c

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City Council Agenda Report
Agenda Item No. 4.c
September 6, 2022
Background
On January 18, 2022, the California Governor’s Office of Emergency Services (Cal OES) launched a new one-time, state-funded initiative, Prepare California Jumpstart, aimed at reducing long-term risks of disasters in communities that are considered socially vulnerable and have a high hazard risk. These communities are impacted disproportionately by disaster and experience longer and more challenging economic and structural recoveries. The state identified four Census Tracts within Concord – 3361.02, 3362.01, 3362.02 and 3381.01, which are eligible under the initiative based on their estimated hazard exposures and social vulnerability. (See Attachment 3.) Hazard exposure is based on the State Hazard Mitigation Plan and social vulnerability is based on the Center for Disease Control Social Vulnerability Index.

Concord was awarded $175,000 to identify non-English languages spoken in the four grant eligible areas in order to know the language needs of this community for emergency management purposes.

Analysis
The Prepare California Jumpstart Initiative grant funds will be used to hire a consultant to conduct analysis of language data for the four grant-eligible Census tracts in order to build a comprehensive picture of the major individual non-English languages spoken.

This data will then be used to improve communication plans, identify gaps in preparedness, and develop a strategy for incorporating language access considerations into all steps of the City’s emergency management plans.

Financial Impact
No matching funds are required to accept and appropriate the grant funds.

Public Contact
The City Council Agenda was posted.

Attachments

1. Resolution accepting grant funds

2. California Governor’s Office of Emergency Services (Cal OES) Award Document dated July 5, 2022

3. Prepare California Jumpstart – Map of eligible City tracts

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Res No. 22-XX 1

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Accepting and Appropriating Grant
Funding from the California Governor’s Office of
Emergency Services (CAL OES) in the Amount of
$175,000 to Conduct Analysis to Identify Non-English
Languages Spoken in Four Grant Eligible Census
Tracts within the City for the Purpose of Developing
a Strategy for Incorporating Language Access
Considerations into the City’s Emergency
Management Plans, Project No. 2668
Resolution No. 22-XX
/
WHEREAS, the California Governor’s Office of Emergency Services (Cal OES) approved grant funds to the City of Concord in the amount of $175,000 under the Prepare California Jumpstart Initiative, JS22-0002 Concord, City of-Language Access Analysis & Strategy; and WHEREAS, the funds will be used to create an equity planning initiative based on language access that focuses on analysis to identify non-English languages spoken in four grant eligible Census tracts within the City for the purpose of developing a strategy for incorporating language access considerations into the City’s emergency management plans; and WHEREAS, the appropriation of these funds and approval for use to create an equity planning initiative based on language access that focuses on analysis to identify non-English languages spoken in four grant eligible areas within the City for the purpose of developing a strategy for incorporating language access considerations into the City’s emergency management plans does not amend the City of Concord’s Operating Budget for Fiscal Years 2022-23 and 2023-24.

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

Section 1. Accepts these grant funds in the amount of $175,000.

Section 2. Authorize the appropriation and use of these funds to create an equity planning initiative based on language access that focuses on analysis to identify non-English languages spoken in four grant eligible areas within the City for the purpose of developing a strategy for incorporating language access considerations into the City’s emergency management plans.

Section 3. This resolution shall become effective immediately upon its passage and adoption.

Attachment 1

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Res No. 22-XX 2
PASSED AND ADOPTED by the City Council of the City of Concord on September 6, 2022, by the following vote:

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney

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GAVIN NEWSOM

GOVERNOR

MARK S. GHILARDUCCI

DIRECTOR

3650 SCHRIEVER AVENUE  MATHER, CA 95655
RECOVERY SECTION  HAZARD MITIGATION ASSISTANCE BRANCH
PHONE: (916) 328-7450
 EMAIL: [email protected]
www.CalOES.ca.gov

Valerie Barone
City Manager
Concord, City of
1950 Parkside Drive
Concord, CA 94519

Reference: Application Approval, PrepareCA Jumpstart #JS22-0002 Concord, City of
Contra Costa County, California
City of Concord Language Access Analysis & Strategy
DELIVERED VIA E-MAIL:[email protected]

Dear Valerie Barone:

Congratulations! The California Governor’s Office of Emergency Services (Cal OES) has selected your application referenced above, to receive funding under the Prepare California Jumpstart Initiative. Pending completion and submittal of all required post obligation forms, your agency will be awarded the amount of $175,000.00 for the grant performance period beginning July 1, 2022, ending April 30, 2024.

Cal OES will be contacting you soon to assist in finalizing the approval process and to set up a kick-off meeting to discuss funding conditions, program reporting, reimbursement, and other grant logistics.

If you have any questions, please contact Jasmine Gonzalez at (714) 458-1271 or via e-mail at [email protected], this is the program specialist assigned to your grant. We look forward to the successful implementation of this project.

Sincerely,

JENNIFER L. HOGAN
State Hazard Mitigation Officer
DocuSign Envelope ID: E4343D1E-F97B-451C-842C-12C1D46FD57D 7/5/2022

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S:\MapRequest\CED\Census\DisadvantagedCommunityAreas\DisadvantagedCommunityAreas.aprx Map Created: 1/28/2022
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Attachment 3 Page 6 of 7
From: "Reid, Karan" <[email protected]>
Date : September 6, 2022 at 11:35:00 AM PDT
Cc: "Barone, Valerie" <[email protected]>, "Ezell, Justin" <Justin.Ezell@c ityofconc ord.org>, "McAuley, Wendy" <[email protected]>, "Bustillos, Mark" <[email protected]>, "Beirne, Trish" <[email protected]>, "Weller, Sarah" < [email protected]> Subject: FW: Question about Item 4c
This e-mail is being shared with all Councilmembers

Carlyn,

Trish Beirne provided the information you requested on this agenda item.

The total timeline for both phases of the CA Jumpstart Grant project to be completed is 22 months i.e.

July 1, 2022 (date grant was awarded) through April 30, 2024. We are anticipating that Phase 1, analysis to identify non-English spoken languages, cultural norms and key stakeholder mapping in the four grant- eligible Census tracts will be completed by September 30, 2023. This estimate includes time to issue a Request for Proposal to hire a consultant to conduct the analysis, selection of the consultant, analysis of available data, and delivery of report by the consultant.

Karan

Karan Reid
Director of Finance
City of Concord
[email protected]
925.671.3192

From: "Obringer, Carlyn" <[email protected]> Date : September 4, 2022 at 12:45:28 PM PDT
To: "Barone, Valerie" <[email protected]> Subject: Question about Item 4c

Hi Valerie,
When will this analysis be completed? I would like to know the results as I think it would be helpful to know in what other languages we should consider communicating with Concord residents about other matters, based on this information.

Best Regards,
Carlyn

Carlyn Obringer
Councilmember, District 2
City of Concord
Benched Correspondence
Agenda Item No. 4.c
September 6, 2022

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Staff Report
Date: September 6, 2022
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kevin Marstall, PE, Director of Community Development Mindy Gentry, Planning Manager
Prepared by: Frank Abejo
[email protected]
(935) 671-3128
Subject: Considering adoption of a Resolution approving an extension until October 12, 2023 of the Shell Gas Station Use Permit, Variance, Minor Exception, Finding of Public Convenience and Necessity, and Design and Site Review for the construction of an approximately 3,541 square foot convenience store with alcohol sales, a 1,121 square foot car wash with 539 square foot detail bay, and a new 2,741 square foot fuel canopy with four fueling dispensers at 1500 and 1590 Concord Avenue (PL19022 – UP, VA, ME, DR); APNs 126-043-032 and -033 .

Report in Brief
The City Council is requested to consider adoption of a resolution approving an extension until October 12, 2023 of the Shell Gas Station Use Permit, Variance, Minor Exception, Finding of Public Convenience and Necessity, and Design and Site Review for the construction of an approximately 3,541 square foot convenience store with alcohol sales, a 1,121 square foot car wash with 539 square foot detail bay, and a new

4.d4.d4.d4.d4.d

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City Council Agenda Report
Agenda Item No. 4.d
September 6, 2022
2,741 square foot fuel canopy with four fueling dispensers at 1500 and 1590 Concord Avenue (PL19022 – UP, VA, ME, DR)1.

Recommended Action
Adopt a Resolution (Attachment1) approving an extension until October 12, 2023 of the Shell Gas Station Use Permit, Variance, Minor Exception, Finding of Public Convenience and Necessity, and Design and Site Review approval for the construction of an approximately 3,541 square foot convenience store with alcohol sales, a 1,121 square foot car wash with 539 square foot detail bay, and a new 2,741 square foot fuel canopy with four fueling dispensers at 1500 and 1590 Concord Avenue (PL19022 – UP, VA, ME, DR); APNs 126-043-032 and -033.

Background
On April 27, 2021, the Council adopted Resolution No. 21-4823.2 approving an Addendum to the 2012 SEIR for the 2030 Concord General Plan, General Plan Amendment, and Downtown Specific Plan Amendment, and introduced an Ordinance rezoning the property at 1500 and 1590 Concord Avenue from High Density Residential (RH) and Service Commercial (SC) to WMX (West Concord Mixed Use) to allow the expansion of an existing Shell gas station. Concurrent with these legislative actions, the Council also adopted Resolution No. 21-28 approving a Use Permit, Variance, Minor Exception, and Design and Site Review for the construction of a new convenience store (no alcohol sales), a car wash, and the addition of fueling dispensers for the Shell gas station. Ordinance No. 21-425.2 approving the rezoning was adopted May 11, 2021, and the rezoning took effect June 10, 2021.

On June 11, 2021, Gursharnjeet Cheema, the property owner of 1500 and 1590 Concord Avenue, applied for a Development Code Amendment to allow “Convenience Stores with Alcohol Sales” in the WMX zoning district subject to a use permit, and concurrently applied for a Use Permit and Finding of Public Convenience and Necessity (FOPCN) to allow the approved convenience store to sell beer and wine.

On October 12, 2021, the Council introduced an Ordinance for a Development Code Amendment to allow “Convenience Stores, with Alcohol Sales” in the WMX (West Concord Mixed Use District) zoning district. Concurrent with this action, the Council also adopted Resolution No. 21-55 (approving a Use Permit and Finding of Public Convenience and Necessity, to allow alcohol sales at the proposed Shell gas station convenience store.) Ordinance No. 21-5 approving the Development Code Amendment was adopted November 9, 2021, and became effective December 9, 20212. 1 These approvals are memorialized in two separate Resolutions, No. 21-28 and No. 21-55 which were adopted on April 27, 2021 and October 21, 2021, respectively.
2 Due to the subsequent approval of Resolution No. 21-55 and Ordinance No. 21-5, edits have been included in the conditions of approval associated with the previously approved Resolution No. 21-28 showing alcohol sales are allowed.

Page 2 of 31 ends

City Council Agenda Report
Agenda Item No. 4.d
September 6, 2022
On April 15, 2022, Muthana Ibrahim, on behalf of Mr. Cheema, requested a one-year extension of the project entitlements (Attachment 2). The written request estimates that building permits would be submitted for the project by June 6, 20223, and construction would begin April 2023, contingent on obtaining permits, bids, and construction financing.

Analysis
The applicant has been diligently working on obtaining the necessary permits to begin construction of the project. Soon after the Council’s October approval of the Use Permit and FOPCN, the applicant began addressing conditions of approval that had to be satisfied before construction plans could be prepared. This included completing the recordation process for merging the two properties that make up the project site and working with PG&E to allow the construction of transformers underground. Additionally, the applicant submitted building permits on June 22, 2022. The City issued plan check comments on August 1, 2022, and is waiting for submittal of revised plans.

The requested extension meets the following required findings under Development Code Section 18.505.020(B):

1. There are no changes to the approved project and it remains consistent with the Concord 2030 Urban and General Plan.

2. The findings under Resolutions No. 21-28 and 21-55 approving the project remain valid (Exhibits C and D of Attachment 1).

3. As analyzed in the 1500-1790 Concord Avenue Project Addendum, there are adequate provisions for public services and utilities (e.g., access, drainage, fire protection, sewers, water, etc.) to ensure that the requested extension would not endanger, jeopardize, or otherwise constitute a hazard to the public health, safety, or general welfare, or be injurious to the property or improvements in the vicinity and applicable zoning district.

Staff recommends extending the approval for the development and expansion of the Shell gas station through October 12, 2023, to coincide with a one-year extension of the Use Permit and FOPCN for the project. Minor updates to the conditions of the original approvals are proposed to reflect approval of the legislative actions associated with the entitlements, the extended approval date, and current fees (see Exhibits A and B of Attachment 1).

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City Council Agenda Report
Agenda Item No. 4.d
September 6, 2022
determined that the 1500-1790 Concord Avenue Project Addendum and the 1500-1790 Concord Avenue Project Revised Addendum prepared for the project served as an Addendum to the 2012 SEIR, certified in July 2012. The City Council determined, as part of its review of the project in April and October 2021, that a subsequent environmental review was not required pursuant to CEQA Guidelines Section 15162 as the project did not require major revisions to the previously certified 2012 SEIR and would not result in new significant environmental effects or a substantial increase in the severity of previously identified significant effects. Therefore, the City Council determined that the 1500-1790 Concord Avenue Project Revised Addendum is the appropriate environmental document to meet the requirements of CEQA Guidelines Sections 15162 and 15164.

The present application seeks to extend the term of the previously approved Use Permit, Variance, Minor Exception, Finding of Public Convenience and Necessity, and Design and Site Review. No changes or revisions are proposed for the project; and, other than an extension of the permit term period, all findings, terms, and/or conditions of approval remain in full force and effect. Accordingly, the application to extend the term of the permit does not constitute a “project” under Public Resources Code Section 21065 and CEQA Guidelines Sections 15060(c)(2), 15060(c)(3) and 15378 because it is not reasonably foreseeable that extending the term will result in an indirect or direct physical change in the environment. Accordingly, no further environmental review is required.

Public Contact
The City Council Agenda was posted at City Hall and on the City’s website. Notification was mailed to all owners and occupants of property within 300 feet of the subject site at least ten days prior to the public hearing, and has been published in the East Bay Times, as required by state law and the Concord Municipal Code. This item has also been posted at City Hall and the subject site at least ten days prior to the public hearing.

Attachments

1. Resolution Approving a One Year Extension with Exhibit A: Updated Conditions of Approval for Shell Gas Station Expansion and Exhibit B: Updated Conditions of Approval for Shell Gas Station Use Permit and FOPCN

2. Applicant’s Request for Extension

Page 4 of 31 ends

Res No. 22-XX 1

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD,

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Approving an Extension Until October
12, 2023 of the Shell Gas Station Use Permit,
Variance, Minor Exception, Finding of Public
Convenience and Necessity, and Design and Site
Review for the Construction of an Approximately
3,541 Square Foot Convenience Store with Alcohol
Sales, a 1,121 Square Foot Car Wash with 539 Square
Foot Detail Bay, and a New 2,741 Square Foot Fuel
Canopy with Four Fueling Dispensers at 1500 and
1590 Concord Avenue (PL19022 – UP, VA, ME, DR);
APNs 126-043-032 and -033
Resolution No. 22-XX
____/
WHEREAS, on April 27, 2021, the City Council concurrently took the following actions:
1) adopted Resolution No. 21-4823.2, approving an Addendum to the 2012 Supplemental Environmental Impact Report (SEIR) to the 2030 Concord General Plan (“1500-1790 Concord Avenue Project Addendum”), approving a General Plan Amendment, and approving a Downtown Specific Plan Amendment for seven Concord Avenue properties (“1500-1790 Concord Avenue Project”); 2) introduced an Ordinance rezoning the properties at 1500 and 1590 Concord Avenue from Service Commercial (SC) and High Density Residential (HDR) to West Concord Mixed Use (WMX); and 3) adopted Resolution No. 21-28 approving a Use Permit, Variance, Minor Exception, and Design Review and Site Review to expand the existing Shell gas station at 1500 and 1590 Concord Avenue to include a car wash and convenience store with no alcohol sales; and WHEREAS, Ordinance No. 21-425.2 approving the rezoning of 1500 and 1590 Concord Avenue to West Concord Mixed Use (WMX) was adopted May 11, 2021, and the rezoning took effect June 10, 2021; and
WHEREAS, following the aforementioned approvals, Gursharnjeet Cheema (“Applicant”) requested a Development Code Amendment to allow “Convenience Stores with Alcohol Sales” as an allowed use in the WMX zoning district subject to a conditional use permit, and concurrently requested approval of a Use Permit and Finding of Public Convenience and Necessity (“FOPCN”), to sell alcohol at the convenience store proposed at 1500 and 1590 Concord Avenue, contingent on the Attachment 1

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Res No. 22-XX 2
City Council’s approval of the Development Code Amendment; and WHEREAS, in accordance with Public Resources Code Sections 21083 and 21166 and CEQA Guidelines Section 15164, a revision to the 1500-1790 Concord Avenue Project Addendum was prepared for the requested Development Code Amendment and Use Permit (hereafter referred to as “1500-1790 Concord Avenue Project Revised Addendum”); and WHEREAS, on October 12, 2021, the City Council introduced an Ordinance for the following: 1) adopting the 1500-1790 Concord Avenue Project Revised Addendum; 2) revising “Convenience Store,” “Convenience Store with Alcohol Sales,” and “Liquor Store” use classifications contained in Section 18.20.020 (Use Classifications); 3) revising CDC Table 18.45.020 to allow “Convenience Store, with Alcohol Sales” in the WMX (West Concord Mixed Use) zoning district subject to a conditional use permit; 4) revising standards related to gas stations with convenience stores contained in CDC Section 18.200.090 (Gas Stations and Car Washes); and 5) revising CDC Chapter 18.200 (Standards for Specific Uses) to include new standards for convenience stores; and WHEREAS, concurrent with the above action, the City Council approved a Use Permit and FOPCN to allow the sale of beer and wine at 1500 and 1590 Concord Avenue; and WHEREAS, the Use Permit, Variance, Minor Exception, and Design Review and Site Review approval to expand the Shell gas station at 1500 and 1590 Concord Avenue to include a car wash and convenience store was to expire on April 27, 2022, unless permits were obtained and construction started on the project prior to the approval expiring; and WHEREAS, the Use Permit and FOPCN to allow for the sale of beer and wine at 1500 and 1590 Concord Avenue was to expire on October 12, 2022, unless permits were obtained and construction started on the project prior to the approval expiring; and WHEREAS, on April 15, 2022, the Applicant submitted a request for a one-year extension of the approval of the Use Permit, Variance, Minor Exception, Finding of Public Convenience and Necessity, and Design and Site Review to construct an approximately 3,541 square foot convenience store with alcohol sales, a 1,121 square foot car wash with 539 square foot detail bay, and a new 2,741 square foot fuel canopy with four fueling dispensers at 1500 and 1590 Concord Avenue, in accordance

Page 6 of 31 ends

Res No. 22-XX 3
with Development Code Section 18.505.020; and
WHEREAS, on September 6, 2022, the City Council, after giving all public notices required by state law and the Concord Municipal Code, held a duly noticed public hearing on the request; and WHEREAS, at such public hearing, the City Council considered all oral and written information, testimony, and comments received on the matter, including information received at the public hearing, the written report from City staff dated September 6, 2022, and other exhibits presented, which are maintained at the offices of the City of Concord City Clerk (collectively hereinafter referred to as “City Council Information”).

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

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

The recitals constitute findings in this matter, and together with the City Council Project Information, serve as adequate and appropriate evidentiary basis for the findings and recommendations set forth in this Resolution.

Section 2. The City Council has reviewed, considered, and evaluated all of the City Council Project Information and all other pertinent plans, documents and testimony.

Section 3. The City Council previously determined that the 1500-1790 Concord Avenue Project Addendum and the 1500-1790 Concord Avenue Project Revised Addendum prepared for the project served as an Addendum to the 2012 SEIR, certified in July 2012. The City Council determined, as part of its review of the project in April and October 2021, that a subsequent environmental review was not required pursuant to CEQA Guidelines Section 15162 as the project does not require major revisions to the previously certified 2012 SEIR and would not result in new significant environmental effects or a substantial increase in the severity of previously identified significant effects. Therefore, the City Council determined that the 1500-1790 Concord Avenue Project Revised Addendum is the appropriate environmental document to meet the requirements of CEQA Guidelines Sections 15162 and 15164.
//

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Res No. 22-XX 4
Section 4. The present application seeks to extend the term of the previously approved Use Permit, Variance, Minor Exception, Finding of Public Convenience and Necessity, and Design and Site Review. No changes or revisions are proposed for the project; and, other than an extension of the permit term period, all findings terms, and/or conditions of approval remain in full force and effect.

Accordingly, the application to extend the term of the permit does not constitute a “project” under Public Resources Code Section 21065 and CEQA Guidelines Sections 15060(c)(2), 15060(c)(3) and 15378 because it is not reasonably foreseeable that extending the term will result in an indirect or direct physical change in the environment. Accordingly, no further environmental review is required.

Section 5. The request to extend the approval of the Use Permit, Variance, Minor Exception, Finding of Public Convenience and Necessity, and Design and Site Review application to expand the existing Shell gas station at 1500 and 1590 Concord Avenue to include a car wash and convenience store with alcohol sales meets the findings of CDC Section 18.505.020(B) as follows:

1. There are no changes to the approved project and it remains consistent with the Concord 2030 Urban and General Plan.

2. The findings under Resolutions No. 21-28 and 21-55 approving the project remain valid.

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

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Res No. 22-XX 5
PASSED AND ADOPTED by the City Council of the City of Concord this 6th day of September, 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

I HEREBY CERTIFY that the foregoing Resolution No. 22-XX was duly and regularly adopted at a regular meeting of the City Council of the City of Concord on September 6, 2022.

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney
Exhibit A – Updated Conditions of Approval for Shell Gas Station Expansion Exhibit B – Updated Conditions of Approval for Shell Gas Station Use Permit and FOPCN

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DRAFT

CONDITIONS OF APPROVAL

SHELL GAS STATION EXPANSION
PL19022-GP, SP, RZ, UP, VA, ME, DR
1500 & 1590 CONCORD AVENUE
APNS: 126-043-032, -033

PERMIT DESCRIPTION

1. The approval of this project is contingent upon City Council approval of the following: (a) General Plan Amendment changing the land use designations for 1500 Concord Avenue and 1590 Concord Avenue from Service Commercial (SC) and Residential High Density (HDR), respectively, to West Concord Mixed Use (WCMU), (b) Removing 1500 and 1590 Concord Avenue from the Specific Plan area boundary, and (c) Rezoning for 1500 Concord Avenue and 1590 Concord Avenue from SC (Service Commercial) and RH (Residential High Density), respectively, to WMX (West Concord Mixed Use). (PLNG)

2. These Conditions of Approval apply to and constitute the approval of the following:
(a) Use Permit to develop and operate a gas station consisting of a 3,541 square foot convenience store (no alcohol sales), a 1,121 square foot car wash with 539 square foot detail bay, and a new 2,741 square foot fuel canopy with four fueling dispensers (total of eight pumps). The approved hours of operation are as follows:

Convenience store: 24 hours a day, seven days a week
Car Wash: Monday through Friday 7:00 a.m. to 10:00 p.m., Saturday and Sunday 8:00 a.m. to 10:00 p.m.
(b) Variance to allow a 4 foot and 10 inch side yard setback where 10 feet is typically required.
(b) Minor Exception to allow 14 parking spaces where 16 parking spaces are typically required and landscaping equal to 15% of the project site where 20% is typically required.
(c) Design and Site Review for the approval of building elevations, landscaping, and site improvements related to the development of a gas station, convenience store and attended car wash.

NOTE: Changes and additions to Standard Conditions are highlighted in bold.

Exhibit A
Updates shown in red text.

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3. The following Exhibits, date stamped received by the City of Concord, on October 20, 2020, are approved and shall be incorporated as Conditions of Approval.

Plan Date
Prepared
Prepared by Sheet
Title Sheet 5-15-17 M I Architects, Inc. CS
Site Plan 5-15-17 M I Architects, Inc. SD-1
Details 5-11-17 M I Architects, Inc. SD-2
Topographic Survey 2-25-17 Stukam Consulting Engineers 1 of 1 On-Site Improvement Plans 5-29-20 Stukam Consulting Engineers C1 Preliminary Grading Plan 5-29-20 Stukam Consulting Engineers C2 Stormwater Control Plan 5-29-20 Stukam Consulting Engineers C3 Erosion Control Plan 5-29-20 Stukam Consulting Engineers C4 Erosion Control Plan
Details
5-29-20 Stukam Consulting Engineers C5
Lighting Proposal 9-10-19 LSI SD1-L
Landscape Plan 5-15-17 Ciardella Associates LA1
Floor Plan 5-15-17 M I Architects, Inc. A1.1, A1.2
Roof Plan 5-15-17 M I Architects, Inc. A1.3
Building Elevations 5-15-17 M I Architects, Inc. A2.1, A2.2 Building Section 5-15-17 M I Architects, Inc. A3.1
Canopy Elevations 5-15-17 M I Architects, Inc. CA1

GENERAL CONDITIONS

4. The Conditions are the responsibility of the applicant and all contractors. Compliance shall occur as specified in the Conditions or at one of the following project milestones:
(a) With the submittal of Grading, Improvement, Landscape, or Building Plans. (b) Prior to issuance of Encroachment, Grading, or Building Permits, whichever comes first. (c) Prior to Construction.
(d) On going during Construction.
(e) Prior to occupancy approval.

If timing for compliance is not specified, it shall be determined by the Divisions listed after the Condition. (PLNG, BLDG, ENGR)

5. Where a plan or further information is required, it is subject to review and approval by the applicable City Department/Division, as noted at the end of each Condition. The Division listed first shall be the primary contact for implementation of that Condition. (PLNG, BLDG, ENGR)

6. The project shall comply with all applicable Federal and State laws and Concord Municipal Code (CMC) requirements. (PLNG, BLDG, ENGR)

7. Minor modifications that are found to be in substantial conformance with the approved plans such as colors, plant materials, or minor lot line adjustments, may be approved administratively.

Major modifications shall be approved by the applicable decision making body. (PLNG, ENGR)

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8. The Conditions of Approval shall be listed on a plan sheet that is included in the construction plan set (Grading, Utility, Landscape and Building Plans). (PLNG, ENGR)

9. Two annotated copies of the Conditions of Approval specifying how each applicable condition has been satisfied, shall be submitted as follows:
a. At the time Grading, Utility, Landscape, and/or Building Plans are submitted for plan check, whichever comes first.
b. Prior to occupancy approval. (PLNG, ENGR)

10. The applicant shall maintain and keep in clean and good condition all exterior improvements for the areas adjacent to the buildings out to the street curb. Exterior improvements include, but shall not be limited to, landscaping, street trees, sidewalks, parking areas, street furniture, trash receptacles and enclosures, signs, and building facades, except for landscaping planters and streets maintained by the City. (PLNG)

11. Submit three signed copies, one notarized, of the City’s “Property Maintenance Agreement”, to ensure on-going repair, replacement and maintenance of all exterior improvements including buildings, parking areas, private roads, walkways, landscaping, irrigation, signs, fences, walls, and other improvements, prior to issuance of Grading or Building permits, whichever comes first. (PLNG)

12. The project site and area surrounding the site shall be fenced and maintained in a weed and litter free condition for the period prior to construction. (BLDG, PLNG).

13. If project construction has not commenced within a year, the vacant site at 1590 shall be maintained in a weed and litter free condition and secured with a metal see-through fence (not chain link) subject to review and approval by the Planning Division. (PLNG)

14. For projects that abut residential uses, the perimeter fence/wall shall be installed within two weeks from completion of site demolition or grading work in the area of the fence/wall. If the fence at an abutting residential property is planned for removal, or if an existing residential property does not have a fence, the replacement perimeter fence/wall shall be completed within two weeks from removal of the original fence, unless otherwise approved by the Planning Division. (PLNG, ENGR)

GAS STATION AND CONVENIENCE STORE OPERATIONS

15. The gas station and convenience store is approved to operate 24-hours a day. The approved hours of operation for the car wash facility are Monday – Friday, 7:00 a.m. to 10:00 p.m. and weekends 9:00 a.m. to 10:00 p.m.

16. All merchandise, including but not limited to periodicals, vending machines, and other items offered for purchase, shall be contained within the convenience store at all times.

17. The storage of inoperative vehicles is prohibited.

18. Vapor processing units and propane tanks shall be located behind or on the side of the main building, where possible, or screened within a landscaped area. Tanks shall be installed pursuant

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to requirements of the California Air Resources Board and Contra Costa County fire protection district and shall be oriented in a horizontal position.

19. Paper or printed window signs shall not cover more than 10 percent of all window area, and the signs shall not exceed 50 percent of any single window pane. No paper or printed signs are allowed on exterior walls.

ARCHITECTURAL

20. The following architectural details shall return as Staff Report items for review by the Design Review Board and approval by staff prior issuance of Building Permit:
a. Details of a low wrought iron fence or alternative barrier (three feet or less in height) to be installed at the corner of Concord Avenue and Fremont Street to prevent pedestrians walking through landscaping.
b. Details of a tile or other design element to replace trellis inside recessed niche at storefront.
c. Details of a decorative light fixture at store entrance. (PLNG/DRB)

21. Rooftop equipment (HVAC, meters, refrigeration equipment, plumbing lines, ductwork and transformers), shall not extend above the building parapet and shall be screened from view on all sides with materials architecturally compatible with the main structure. Screening details shall be shown on the Building Plans and submitted for review and approval by the Planning Division, prior to the issuance of Building Permits and installed prior to occupancy approval. (PLNG)

22. Vents, gutters, downspouts, flashing, electrical conduits, etc., shall be painted to match the color of the adjacent surface, unless otherwise approved by the Planning Division. (PLNG)

LANDSCAPING

23. The following landscape plan revisions shall return as a Staff Report item for review by the Design Review Board and approval by staff prior to approval of the Improvement Plans:
a. Trees shall be minimum 24-inch box in size.
b. Replace Boston ivy with different ivy species (minimum 15-gallon size) that will limit its growth to the trellis area.
c. Add ivy or other landscape treatment to soften trash enclosure wall facing Market Street. (PLNG/DRB)

24. Existing Golden rain street trees (identified as Trees #1 and #2 in the arborist tree) along Concord Avenue shall be preserved and incorporated into the new landscape strip, unless otherwise required for removal or replacement by the Public Works Division at the applicant’s expense. (PLNG/PW)

25. Submit Final Landscape Plans prepared by a Landscape Architect, registered by the State of California, for review and approval with the Grading, Improvement, or Building Plans, whichever comes first. The Plan shall be drawn on or consistent with the Grading, Improvement, Utility, and Stormwater Plans prepared by the Civil Engineer, with the following information:

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a. A legend that lists all plant species (Latin and common name), including size, quantities, spacing, and ultimate height and width.
b. Specifications and details for planting, including staking of trees and planting in bio- retention or other stormwater treatment areas. Plants for bio-retention facilities should be compatible with temporarily flooded conditions.
c. Utility and Grading information on the base map, screened back. d. Existing trees to be removed and saved.
e. Trees (minimum size 24-inch box) and shrubs (minimum 5-gallon; accent or sub-shrubs may be 1-gallon).
f. Root control barriers and four-inch perforated pipes for parking lot trees, street trees, and trees within 6 inch of any paved area or curb.
g. Six-inch vertical concrete curbs around landscaped areas. (PLNG/ENGR)

26. All landscaping shall be installed prior to occupancy approval. Contact the Planning Division at least two weeks prior to Occupancy, to request a site inspection of all exterior improvements including buildings, driveways, parking lots, landscaping, irrigation, signs, lighting, walls, fences, and trash enclosures. (PLNG)

27. Prior to occupancy approval, the licensed Landscape Architect shall:
a. Conduct a final field observation and an open trench examination of the irrigation system. b. Provide written certification that:
i) The landscaping and irrigation system were installed in conformance with the approved Landscape and Irrigation Plans.
ii) The landscaping has been installed in accordance with the CCWD Water Conservation Guidelines or the State of California Model Efficiency Water in Landscaping Ordinance.
iii) An irrigation audit was performed and deficiencies were listed which will be corrected within 30 days.
iv) There will be a minimum 60-day maintenance period for all landscape improvements.
c. Provide a signed letter of compliance with the final construction documents stating that the Landscape Architect has met all State and City requirements. (PLNG)

28. Any vegetation damaged or destroyed by construction activities shall be replaced with like or comparable plant materials, and if damage occurs off-site, the replacement plants shall be approved by the property owner and the Planning Division, prior to occupancy approval. (PLNG)

29. Submit a fence/wall plan showing the location, design, height, and construction details, for all fencing and walls consistent with, and as a part of, the Grading, Improvement, Landscape, and Building Plans, whichever comes first, and provide a timetable for installation. (PLNG, ENGR)

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30. Fences and walls shall be a maximum height of three feet in required front yards and sight visibility triangles, and a maximum height of six feet on side and rear property lines. (PLNG) CMC

LIGHTING

31. Show all exterior lighting including: building fixtures, walkway lighting, parking lot lighting, and street lights on the Site, Utility, Landscape, and Building Plans, prior to the issuance of any permits. The height and style of fixtures shall be shown. Energy-saving fixtures shall be used and noted on the plans. (PLNG, ENGR, BLDG)

32. All exterior building and parking lot lighting shall provide illumination for safety and shall be installed in a manner that is glare shielded and directed away from adjacent properties and right- of-ways. (PLNG)

33. Submit a Photometric Plan for review and approval, showing the location of all light sources, streetlight spacing, intensity of luminance, and uniformity ratio, in accordance with the City’s specifications, with the Improvement, Utility, or Building Plans, whichever comes first. The photometric analysis shall be reviewed by Engineering Services for the determination of streetlight spacing. (ENGR, TRANS, BLDG, PD)

SIGNAGE

34. All signage shall comply with the City of Concord Sign Ordinance. (PLNG) CMC

35. Submit a Master Sign Program (MSP) for review by the Design Review Board and approval the Planning Division, containing the following criteria:
a. Dimensioned drawings for all architectural variations of the building elevations showing all types of permitted signs, drawn to scale, at the maximum size allowed, including distances to the edge of sign area/roofline.
b. Drawings and standards showing specific location and types of signs allowed; minimum and maximum size (square footage), dimensions, letter height, length, font; colors, criteria for logos, and method of illumination, for all signs. c. Written criteria for determination of sign type, size and location. d. Wayfinding signs.
e. Material samples, color chips, and construction details. f. Drawings and written criteria for temporary banners, window signs and other promotional signage.
g. Prohibited signs.
h. Criteria for freestanding sign and area identification signs. (use for shopping centers) i. Additional criteria and requirements necessary for clarification. j. Definitions. (PLNG)

36. Signs with exposed raceways shall not be permitted. (PLNG)

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37. Signs shall be flush-mounted to the building façade. (PLNG)

38. Internally illuminated signs shall have an opaque background, with only individual letters or logos illuminated. (PLNG)

39. Pennants, banners, streamers, or flags in connection with special promotions and business openings shall be permitted for a period not to exceed 30 days. The same, different, or similar pennants, banners, streamers, and flags shall not be permitted within 150 calendar days after such removal. No pennants, banners, streamers, balloons, inflatable devices, flags, or any other advertising devices shall be mounted on or above any roof or mansard, or otherwise extend above a parapet wall or ridge of a structure. (PLNG) CMC

40. Paper or printed window signs shall be limited to no more than 10 percent of the window area of any street frontage or more than 50 percent of any single window pane. (PLNG) CMC

41. The street address shall be incorporated on the ground sign. (PLNG, BLDG)

42. Construction plans showing details for installation, dimensions, font, logos, materials and colors, including a sample of all materials and colors shall submitted for review and approval prior to the issuance of a Sign Permit. (PLNG)

PARKING

43. All perpendicular parking spaces shall be striped; full-size spaces shall be 9 ft. by 19 ft; compact spaces shall be 8 ft. by 16 ft. Two feet of the required parking space depth may overhang into an abutting ADA-compliant sidewalk or landscape area. Wheel stops shall only be provided where required by law. (PLNG, ENGR) CMC

44. All parallel parking spaces shall be striped and provide a minimum 8 ft. by 20 ft. parking space.

45. A minimum of two short-term bicycle parking spaces shall be provided on-site. The parking spaces shall be located in a safe and secure location in a highly visible and well lit area located within 50 feet of the main entrance to the convenience store. Bicycle parking spaces shall be a minimum of two feet in width and six feet in length and provide a stationary parking device to adequately secure the bicycle frame and one wheel with both wheels left on the bicycle. The location of bicycle parking facilities shall be shown on the Civil Site, Landscape, and Building Plans as approved by the Planning and Transportation Divisions, prior to issuance of a Grading or Building permit, whichever comes first. (PLNG, ENGR, TRANS)

46. Any vehicle that identifies a business by way of signage that is painted on or applied to the vehicle shall be parked in a delivery or storage area at the rear of the building or in an area screened from view from adjacent public right-of-way. (PLNG)

47. Accessible parking spaces shall comply with Chapter 11 “Site Development Requirements for Handicapped Accessibility” of Title 24 of the California Code of Regulations, and be located as close as possible to the primary entrance. (BLDG)

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STREET IMPROVEMENTS

48. Dedicate 8 feet of right-of-way to the City at the intersection of Concord Avenue and Fremont Street along the project frontage on Concord Avenue to accommodate the ultimate half-width roadway right-of-way, prior to the issuance of the Site Development permit or Building permit whichever comes first. (ENGR)

49. Merge the two parcels, APN numbers 126-043-032 and 126-043-033 prior to issuance of the Site Development permit or Building permit, whichever comes first. (ENGR)

50. Construct improvements along the frontage on Concord Avenue and Fremont Street including but not limited to: driveway removal; pavement replacement two feet wide minimum measured perpendicular from face of curb; pavement widening; concrete valley gutter; wheel chair ramps; construction of concrete curb, gutter and sidewalk; ADA compliant concrete driveway approach; storm drainage system; conforms to existing improvements; and repair/replacement of deficient frontage improvements as determined by the City Engineer, prior to occupancy approval or Acceptance of Improvements. (ENGR)

51. Install slurry seal on Market Street from lip of gutter to street centerline, after completion of utility undergrounding and frontage improvements, prior to the Acceptance of Improvements.

52. Any trenching for underground utilities shall comply with the modified City Standard Detail S- 17 for pavement repair and possible slurry placement. (ENGR)

53. Construct all public facilities in accordance with the current Americans with Disabilities Act (ADA), including driveways and curb ramps. (ENGR)
NOISE

54. Noise producing site preparation and construction activities shall be limited to the days and hours as set forth below:

Monday through Friday 7:30 a.m. to 6:00 p.m.

Construction activities shall not exceed 90 dB over eight continuous hours or 105 dB over 1 continuous hour. Construction on Saturdays between 8:00 a.m. and 5:00 p.m. may be allowed only upon prior approval by the Building, Engineering, and Planning Divisions. No changes to these construction hours shall be allowed without the prior written consent of the City. A contact person shall be available during all construction activities in the evening and on weekends to respond to complaints and take actions necessary to reduce noise. (BLDG, ENGR, PLNG)

CONSTRUCTION ACTIVITIES

55. Contact Engineering Services to arrange for a Pre-Construction Meeting prior to issuance of The Site Development permit or Building Permits, whichever comes first. (ENGR)

56. Implement a dust and construction noise control plan. Submit the plan to Engineering Services for review and approval prior to issuance of the Site Development permit. (ENGR)

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57. Construction equipment shall not be serviced at the site at any time. During construction no deliveries shall be made to the site and no delivery vehicles (including gasoline tanker trucks) shall enter the site between 6:00 p.m. and 7:30 a.m. on weekdays, and between 5:00 p.m. and 8:00 a.m. on weekends and federal holidays. Delivery vehicles shall have their engines turned off during unloading. (BLDG, ENGR, PLNG)

58. Employ the quietest construction equipment available, to muffle noise from construction equipment and keep all mufflers in good working order in accordance with State law. (BLDG,

ENGR, PLNG)

59. Implement the following measures during construction:
a. Gather all construction debris on a regular basis and place them in a dumpster or other container that is emptied or removed on a weekly basis. When appropriate, use tarps on the ground to collect fallen debris or splatters that could contribute to storm water pollution.
b. Remove all dirt, gravel, rubbish, refuse, and green waste from the street pavement, and storm drains adjoining the project site. During wet weather, avoid driving vehicles off paved areas.
c. Broom sweep the public street pavement adjoining the project site on a daily basis.

Caked-on mud or dirt shall be scraped from these areas before sweeping. d. Install filter materials (e.g., sandbags and filter fabric) at the storm drain inlet nearest the downstream side of the site in order to preclude any debris or dirt from flowing into the City storm drain system. Filter materials shall be maintained and/or replaced as necessary to ensure effectiveness and to prevent street flooding. Dispose of filter particles in an approved trash receptacle.
e. Create a contained and covered area on the site for the storage of bags, cement, paints, flammable, oils, fertilizers, pesticides, or any other materials used on the site that have the potential for being discharged to the storm drain system by being windblown or in the event of a material spill.
f. Never clean items such as machinery, tools, and brushes or rinse containers in a street, gutter, or storm drain.
g. Ensure that concrete, gunite, plaster, or similar supply trucks do not discharge wash water into street gutters or drains. (ENGR, BLDG)

60. No equipment shall be started or staging area be established on the streets or the site before or after the specified hours of construction. (ENGR, BLDG)

61. Ensure that no debris or construction scrap material is placed on any adjoining lot, open space area, or street, and that any such material stored on an adjoining site shall be completely removed and the site cleaned, prior to occupancy approval. (ENGR, BLDG)

62. At no time shall campers, trailers, motor homes, or any other vehicle be used as living or sleeping quarters on the construction site unless authorized for site security. (ENGR, BLDG)

63. There shall be no parking of construction equipment or construction worker's vehicles on residential streets at any time; all vehicles shall be maintained on-site. (ENGR, BLDG)

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64. Portable toilets used during construction shall be kept as far as possible from adjacent properties, public view and shall be emptied on a regular basis as necessary to prevent odor. (ENGR, BLDG)

65. Identify truck routes for the import or export of cut/fill material and/or construction debris for review and approval by the City Engineer prior to the issuance of permits. Repair any damage to City streets (private and public) caused by activity associated with this project. (ENGR)

66. Prior to issuance of a grading or building permit, conduct a Sacred Lands File search with the State of California’s Native American Heritage Commission (NAHC) for 1590 Concord Avenue or the “area of potential effect” (APE). If the Sacred Lands File search determines that the site or APE potentially contains Native American cultural or archeological resources, Applicant shall comply with the requirements of the NAHC to avoid or minimize impacting potential cultural or archeological resources before project grading or construction can begin. (PLNG, ENGR, BLDG)

67. In the event of the encounter of subsurface materials suspected to be of an archaeological or paleontological nature, all grading and/or excavation shall cease, the find shall be left untouched, and the City Planning Division shall be immediately notified. The County Coroner and the Native American Heritage Commission shall also be notified and the procedures required in CEQA §15064.5 shall be followed. This requirement shall be noted on the Grading and Building Plans, prior to issuance of permits. (PLNG, ENGR, BLDG)

68. In the above event, retain a qualified professional archaeologist certified by the Register of Professional Archaeologists or paleontologist with a degree(s) in paleontology or geology, to evaluate and make recommendations as to disposition, mitigation and/or salvage. The recommendation shall be implemented before work may proceed. The applicant shall be responsible for all costs associated with the professional investigation and implementation. (PLNG, ENGR, BLDG)

69. Construction lane closure along the major street will require a traffic control plan. The contractor shall submit a traffic control plan and obtain an approval from transportation and engineering division prior to any lane closure. (ENGR)

CONSTRUCTION PLAN REVIEW/PRE-PERMIT REQUIREMENTS

70. Submit electronic copy of Preliminary Title Report, prepared within three months prior to plan submittal. (ENGR)

71. The proposed buildings are within the 100-year Floodplain Zone (X) at a minimum, comply with the City of Concord Municipal Code requirements in establishing building finished floor elevations. The Grading Plan shall be referenced to the same elevation datum as the FEMA map, and shall show the finished floor elevations of the proposed buildings, 100-year Base Flood Elevations (BFE), and building setback line per CMC. (ENGR) CMC

72. The Improvement Plans shall show frontage improvements including but not limited to: drainage improvements, curb, gutter and sidewalk per City Standard Detail S-10, and driveway construction per City Standard Detail S-14 and repair/replacement of deficient frontage

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improvements as determined by the City Engineer. Any unusable existing driveway shall be replaced with standard curb, gutter, and sidewalk per S-10 above. Any trenching for utility installation shall comply with the modified City Standard Detail S-17 for pavement repair and possible slurry placement. (ENGR)

73. The Improvement Plans shall show plan and profile of all proposed street, drainage and sewer improvements and details for curb, gutter, sidewalk, and driveway construction. (ENGR)

74. Design improvements in accordance with the City Standard Plans S-34 and S-36 for sight distance, sidewalk, back up, fencing, geometrics at intersection and corner setback requirements, prior to the Acceptance of Improvements. Plans shall be subject to review and approval by Engineering Services. (ENGR)

75. Obtain an Encroachment Permit from the City prior to performing any work within the public right-of-way or public easements. (ENGR) CMC

GRADING/EROSION CONTROL/GEOLOGIC

76. Submit a geologic investigation to demonstrate that proposed buildings will not be constructed across active faults. A licensed geologist must prepare an evaluation and written report. If an active fault is found, a structure for human occupancy cannot be placed over the trace of the fault and must be set back from the fault (generally 50 feet). (ENGR)

77. Submit a Geotechnical Report with the Grading Plans and Building Plans, pursuant to CMC Section 94-51 and Section 86-73 that addresses and provides recommendations for grading, drainage, walls, building foundations, and pavement structural sections. (ENGR)

78. All grading shall require a Grading and Drainage Plan prepared by a registered Civil Engineer, a Soils Report prepared by a registered Geotechnical Engineer and receipt of a Grading Permit approved by the City Engineer. The Grading Plans and Soils Report shall require review by the City's Geotechnical consultant with all costs to be borne by the applicant. (ENGR)

79. Contour grading techniques shall be employed throughout the project to achieve a more natural appearance, even where this will increase the amount of grading. Tops of cuts or toes of fills adjacent to existing public rights-of-way or easements shall be set back two feet minimum from said rights-of-way and easements. All cut-and-fill slopes in excess of five feet in height shall be rounded both horizontally and vertically. (ENGR)

80. Grading on adjacent properties shall require written approval from the affected property owners. (ENGR)

81. On-site finish grading work shall require drainage to be directed away from all building foundations at a minimum slope of 2 percent and a maximum slope of 20 percent toward approved drainage facilities or swales. Non-paved drainage swales shall have a minimum slope of 1 percent. (ENGR)

82. The project engineer shall inspect the finished grading and certify that it conforms to the compaction and elevations shown on the Grading Plan and Soils Report. (ENGR) CMC

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83. At all times seasonally appropriate erosion control measures shall be implemented per plans approved by the City Engineer for all grading work at all times. Wet season measures shall be in place October through April at a minimum and when rain is otherwise predicted. At the time of approval of the Improvement and/or Grading Plans, an approved Erosion Control Plan prepared by a registered Civil Engineer shall be filed with the City Engineer. (ENGR)

84. All graded slopes and stockpiles of loose soil shall be hydromulched/hydroseeded by October of any given year. During grading work between October and April, if rain is forecast, stop all grading work two days before the rain forecast and implement BMPs to insure that the site is protected from erosion. (ENGR)

85. Submit Grading, Erosion Control, Improvement, Stormwater Pollution Prevention Plan (SWPPP), and Stormwater Control Plans to Engineering Services for review and approval prior to the issuance of Grading, Encroachment, and Building Permits. Where applicable, evidence of compliance with the State General Construction Permit shall be provided. (ENGR) CMC

86. Comply with the applicable provisions of the Grading Ordinance and the Storm Water Management and Discharge Control Ordinance. (ENGR) CMC

UTILITIES

87. New electrical transformers shall be placed underground or screened from view. (PLNG, ENGR)

88. No above ground utility facilities/structures shall be located between the face of curb and back of sidewalk in the public right-of-way. (ENGR)

89. All new utilities shall be constructed underground prior occupancy approval. (ENGR)

90. Comply with the City of Concord sewer design flow criteria and sewer construction requirements of the Central Contra Costa Sanitary District. (ENGR)

91. Submit to Engineering Services sanitary sewer calculations with the Improvement Plans stamped and signed by a Registered Civil Engineer for review. (ENGR)

92. Submit to Engineering Services a sewer fixture count for possible fee credit purposes, prior to demolition. (ENGR)

93. Coordinate all facility adjustments, relocations, or additions to utility services with the appropriate utility companies. (ENGR)

94. Utility areas, electrical and gas meters shall be architecturally screened from view. (PLNG)

95. The location of all outdoor, above-ground and/or at-grade pad mounted transformers, utility equipment, electrical and gas meters, vaults, irrigation control boxes, back flow prevention devices, and the like shall be subject to approval by Planning and Engineering Services prior to the issuance of the Grading or Building Permit, whichever comes first. All such equipment shall be screened from view either architecturally or with landscaping and painted forest green or other approved color as approved by the Planning Division. Any changes to the approved Utility

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Plans, including location or screening details shall be reviewed and approved by the Planning Division. (PLNG, ENGR)

96. Provide cable companies a set of approved site diagrams in electronic format showing the joint trench layout for dry utilities for cable service to be provided to the site. (ENGR)

97. Connect all buildings to the sanitary sewer collection facilities of the City, and pay all current sewer connection and service fees prior to occupancy approval. (ENGR) CMC DRAINAGE/STORMWATER C.3 REQUIREMENTS

98. Submit a Stormwater Control Plan (SWCP) prepared in accordance with the current Contra Costa Clean Water Program Stormwater C.3 Guidebook for review and approval by Engineering Services prior to issuance of any permit. The SWCP shall be prepared and certified by a Civil Engineer, registered in the State of California, demonstrating an understanding of the design of treatment measures for water quality and groundwater protection principles applicable to the project site. (ENGR)

99. Prior to issuance of permits for building, site improvements, or landscaping, applicant shall submit a permit application consistent with the applicant’s approved Stormwater Control Plan (SWCP), and include drawings and specifications necessary for construction of site design features, measures to limit directly connected impervious area, pervious pavements, self- retaining areas, treatment BMP's, permanent source control BMP’s, and other features that control stormwater flow and potential stormwater pollutants. The Contra Costa Clean Water Program permit application shall include a completed “Construction Plan C.3 Checklist” as described in the Stormwater C.3 Guidebook, and a detailed draft Stormwater BMP Operation and Maintenance Plan consistent with the general O&M plan included in the applicant’s approved Stormwater Control Plan. Guidelines for the preparation of Stormwater BMP Operation and Maintenance Plans are in Appendix F of the Stormwater C.3 Guidebook. (ENGR) 100. Construct stormwater treatment measures per the approved SWCP prior to occupancy approval. (ENGR)
101. Submit a final Stormwater BMP Operation and Maintenance Plan (O&M Plan) in accordance with City of Concord Guidelines, for review and approval by Engineering Services, prior to occupancy approval. This O&M Plan shall incorporate City comments on the draft O&M Plan and any revisions resulting from changes made during construction. The implementation of the O&M Plan shall be the responsibility of the property owner or the HOA where one exists. (ENGR)
102. Execute any agreements identified in the SWCP which pertain to the transfer of ownership, right-of-entry for inspection or abatement, and/or long-term maintenance of stormwater treatment or hydrograph modification BMPs, prior to occupancy approval. (ENGR) 103. Prevent site drainage from draining across sidewalks and driveways in a concentrated manner. (ENGR)
104. Collect and convey all stormwater entering, and/or originating from, the site to an adequate downstream drainage facility. Submit a detailed hydrologic and hydraulic study including

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calculations for a 100-year storm as well as a capacity study accounting for off site sources with the Improvement Plans to Engineering Services for review and approval. (ENGR) 105. Install City of Concord “No Dumping, Drains to Creek” curb marker (English and Spanish version) on all catch basins. (ENGR)
106. Submit a Construction Best Management Practice (BMP) Program for review and approval by the Engineering Development Services Department prior to issuance of a Building and/or Grading Permit. The general contractor and all subcontractors and suppliers of materials and equipment shall implement these BMPs. Construction site cleanup and control of construction debris shall also be addressed in this program. Failure to comply with the approved construction BMP may result in the issuance of correction notices, citations, or a project stop work order. (ENGR)
107. Sweep or vacuum the parking lot(s) a minimum of once a month and prevent the accumulation of litter and debris on the site. Corners and hard to reach areas shall be swept manually. If sidewalks and/or the parking lot are pressure washed, debris must be trapped and collected to prevent entry into the storm drain system. No cleaning agent may be discharged into the storm drain. If any cleaning agent or degreaser is used, wash water shall be collected and discharged to the sanitary sewer, subject to the approval of the Central Contra Costa Sanitary District). (ENGR)
108. Ensure that the area surrounding the project such as the streets stay free and clear of construction debris such as silt, dirt, dust, and tracked mud coming in from or in any way related to project construction. Areas that are exposed for extended periods shall be watered regularly to reduce wind erosion. Paved areas and access roads shall be swept on a regular basis. All trucks shall be covered. (ENGR)
109. Clean all on-site stormdrain facilities a minimum of twice a year, once immediately prior to October 15 and once in January. Additional cleaning may be required if found necessary by the City Engineer/Director of Building Inspection. (ENGR, BLDG)

SOLID WASTE/RECYCLING
110. Trash bins and refuse shall be stored within approved trash enclosure and the doors shall be closed at all times except when the bins are being emptied. (NS) 111. Comply with the provisions of the CMC, Central Contra Costa Sanitary District and the disposal service regarding enclosure design, access requirements, and the number of required individual refuse receptacles based upon waste pickup schedules. Trash enclosures shall incorporate the following features:
a. A concrete pad to prevent damage to asphalt paving.
b. A roof and sanitary sewer cleanout, designed to prevent rainwater from penetrating the interior of the enclosure and preclude trash from being blown outside of the bins. c. The cleanout shall connect to a sanitary sewer to prevent contaminated water from entering the storm drain system.

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d. If any cleaning agent or degreaser is used, wash water must be collected and discharged to the sanitary sewer, subject to the approval of the Central Contra Costa Sanitary District. (CCCSD, ENGR)
112. Trash enclosures shall incorporate the same architectural treatment, and use the same exterior materials and colors as the main building and shall comply with the Community Design Guidelines, including the following:
a. A roof or trellis.
b. Masonry, steel or heavy timber walls.
c. An interior, poured-in-place curb to prevent damage to the screen walls. d. Doors with external hinges to prevent damage from the receptacle. e. Doors of solid metal or with a metal frame with self-closing latch. f. The height of the enclosure walls and door shall be the same height or higher than the bins within the enclosure. (PLNG)

AGREEMENTS, FEES, BONDS
113. All fees noted below are the fees currently in effect as of July 1, 2020 2022 per the Resolution of Fees and Charges. The fees and charges are reviewed annually as part of the budget public hearing process. Fee adjustments are based on a number of factors and vary depending on the type of fee:

Service-based fees are adjusted annually based on the San Francisco-San Jose-Oakland Area Consumer Price Index;
Improvement based fees (also called impact fees) are adjusted annually based on Engineering News Record Construction Cost Index (San Francisco Bay Area); and the Parkland Fee is adjusted per Section 78-95 of the Concord Municipal Code.

The fees become effective as of the date set forth in Exhibit A of Resolution No. 78-6042, Fees and Charges for Various Municipal Services, as most recently amended and approved by the City Council. Persons interested in how a particular fee is calculated should contact the City Department administering the fee or the Finance Department. (ENGR) 114. Provide a $5,000 cash deposit to the Planning Division to cover Condition Compliance and Mitigation Monitoring costs and to reimburse the City for implementation of the Document Imaging and File Retention programs, at the time of submittal of plans and documents to Engineering Services or the Building Division for plan check. Planning staff’s time will be charged to this deposit for work performed to implement the Conditions of Approval and file retention scanning, from the time of project approval to occupancy approval. The deposit will be placed in a refundable account and any unused funds will be returned upon completion. If the initial deposit is insufficient to cover actual costs, an additional deposit will be required. (PLNG) 115. All required faithful performance bonds and labor materials bonds in a penal amount equal to 100 percent of the approved estimates of construction costs of improvements shall be submitted to and approved by the City and other agencies having jurisdiction prior to approval of the Site Development permit. (ENGR)

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116. Site Development Permit Application:
a. Pay the Filing Fee at the time of submittal of permit application, improvement plans and supporting documents to City Engineering Services for review. b. Pay Grading Permit Fees at submittal of a Grading Permit application. The current fee is determined based on cubic yardage of cut and fill combined. c. Provide a $10,000 cash deposit for Erosion Control prior to issuance of Grading Permit. The deposit will be placed in a refundable account. Any unused funds will be returned at project completion. If the initial deposit is insufficient to cover actual costs, an additional deposit in an amount determined by the City Engineer will be required. d. Pay Stockpile and Erosion Control Monitoring fee prior to issuance of Grading Permit. The stockpile and erosion control monitoring fee is currently $ 45.00 per calendar day and is collected for the life of the Grading Permit activity. (ENGR) e. Pay the Improvement Plan review fee at the time of submittal of Improvement Plans and supporting documents to Engineering Services for review. The current fee is based on the estimated cost of construction and will cover initial submission and two revisions. Pay the Construction Inspection fee prior to issuance of the Site Development Permit. The current fee is based on estimated cost of construction.
f. Pay the Drainage Acreage Fee prior to issuance of the site development permit. The current fee is $2,709/acre. (Drainage Area 23/24)
117. Sewer Connection Permit:
a. Pay Sanitary Sewer connection fee. The current sewer connection fee is $1,009 per fixture unit, and shall be paid prior to occupancy permit.
b. Pay the current sewer service fee prior to occupancy permit. The current fee is $ 647.00 $717 per year and is pro-rated by the month that connection is made. (ENGR) 118. Traffic Mitigation Fee:

Pay Offsite Street Improvement Program (OSIP) fee less possible fee credit. The OSIP fee shall be the fee in effect at the time of Building Permit application. The current OSIP Fee is $8.81 per gross sq. ft. of commercial expansion and shall be paid prior to Issuance of Building Permit. (TRAN)

OTHER/MISCELLANEOUS
119. Contact the Geographic Information Systems (GIS) Technician, in the Information Technology Department, (925) 671-3051, for addressing requirements, and coordinate with the Contra Costa Fire Protection District for their approval, prior to issuance of a Building Permit. (PLNG) 120. Comply with the requirements of the Contra Costa County Health Department for the abandonment of existing septic tanks or wells. (ENGR) CMC 121. Comply with the requirements of the Contra Costa Fire Protection District. Submit complete sets of plans and specifications to the Fire District for review and approval at:

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Contra Costa County Fire Protection District
4005 Port Chicago Hwy
Concord, CA 94520
Plan review fees are assessed at that time. The City is not responsible for the collection of fees or enforcement of requirements imposed by the Fire District. (CCCFIRE) 122. The applicant shall defend (with counsel approved by City), indemnify and hold harmless the City, any agency or instrumentality thereof, and its/their respective agents, officers, officials, volunteers, and employees from and against any and all administrative and/or legal claims, actions or proceedings to attack, set aside, void, or annul approval of the project, including without limitation, any related application, permit, certification, condition, environmental determination, other approval, compliance or failure to comply with applicable laws and regulations, and/or processing methods (“Challenge”), with the exception of a Challenge arising out of the City’s sole negligence or willful misconduct. The City shall have the right to pre- approve any material decision involved in defending any such Challenge, including settlement, and may (but is not obligated to) participate in the defense of any Challenge. If applicant does not promptly defend any Challenge, City may (but is not obligated to) defend such Challenge as City, in its sole discretion, determines appropriate, all at applicant’s sole cost and expense. The applicant shall bear any and all losses, damages, injuries, liabilities, costs, and expenses (including, without limitation, staff time and in-house attorney's fees on a fully-loaded basis, attorney’s fees for outside legal counsel, expert witness fees, court costs, and other litigation expenses) arising out of or related to any Challenge (“Costs”), whether incurred by Developer, City, or awarded to any third party, and shall pay to the City upon demand any Costs incurred by the City. No modification of the project, any application, permit, certification, condition, environmental determination, other approval, change in applicable laws and regulations, or change in processing methods shall alter the applicant’s indemnity obligation. Pursuant to Government Code Section 66474.9, the applicant’s indemnification obligation with respect to any claim, action or proceeding to attack, set aside, void, or annul an approval of City concerning a subdivision (tentative, parcel, or final map application or approval) shall be limited to actions brought within the time period provided for in Government Code Section 66499.37, unless such time period is extended for any reason. The City shall promptly notify applicant of any Challenge, and shall cooperate fully in the defense. (CA) 123. The permit and approval shall expire in one year from the date on which they became effective unless construction permits are obtained and work has begun. The effective date of the permit and approval is April 27, 2021 on October 12, 2023 unless construction permits are obtained and work has begun. (PLNG)
124. A request for a time extension from the expiration date of April 27, 2022 October 12, 2023 can be considered if an application with required fee is filed at least 45 days before the original expiration date, otherwise a new application is required. A public hearing will be required for all extension applications, except those involving only Design Review. Extensions are not automatically approved. Changes in conditions, City policies, surrounding neighborhood, and other factors permitted to be considered under the law, may require, or permit denial. (PLNG)

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Updates shown in red text.

DRAFT

CONDITIONS OF APPROVAL

SHELL GAS STATION CONVENIENCE STORE WITH ALCOHOL SALES
PL19022- DC, UP
1500 & 1590 CONCORD AVENUE
APNS: 126-043-032 AND -033

PERMIT DESCRIPTION

1. These Conditions of Approval apply to and constitute the approval of the following:
(a) Development Code Amendment to allow “Convenience Store with Alcohol Sales” in the WMX (West Concord Mixed Use) zoning district subject to conditional use permit approval
(b) Use Permit to allow a “Convenience Store with Alcohol Sales” at 1500 and 1590 Concord Avenue.
(c) Finding of Public Convenience or Necessity (FOPCN) authorizing the Department of Alcoholic Beverage Control to issue a Type 20 license for the sale of beer and wine for 1500 and 1590 Concord Avenue.

The above approvals are contingent on City Council approval of a Development Code Amendment to allow “Convenience Store with Alcohol Sales” in the WMX (West Concord Mixed Use) and are not valid until the Development Code Amendment or Ordinance No. 21-XX is in effect.

2. The approved “Convenience Store with Alcohol Sales” shall comply with all applicable conditions of approval for Application No. PL19022 – GP, SP, RZ, UP, VA, ME, DR, approved by City Council Resolution No. 21-18, incorporated herein by reference.

GENERAL CONDITIONS

3. The approved “Convenience Store with Alcohol Sales” shall operate in comply with the following conditions in accordance with Section 18.200.220 (Convenience stores). (PLNG)

4. The convenience store may operate during the same hours as the gas station provided that all store transactions after midnight shall be from a secure walk-up window. (PLNG)

5. The sale of tobacco products shall comply with all applicable local, state, and federal laws in addition to the following.
(a) Tobacco products shall be located behind the sales counter or other location where it is accessible by employees only. Not more than 10% of the sales floor area shall be used to display tobacco products for sale. Tobacco products shelved or displayed vertically on or along a wall shall be limited to 50 square feet of display area or 10% of the total wall area (limited to one wall) on which the shelves or displays are attached to, whichever is greater.

NOTE: Changes and additions to Standard Conditions are highlighted in bold.

Exhibit B

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(b) No advertisement of tobacco products in areas outside of the building or in window areas is allowed.
(c) Sales of cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines, and any other item or paraphernalia designed for the smoking, preparation, storing, or consumption of tobacco products is prohibited. (d) Sales of individual cigarettes or cigars is prohibited. (PLNG)

6. All vending machines and similar equipment shall be located indoors except for water refilling stations, propane tank cages, and ice machines. (PLNG)

7. At least one exterior trash receptacle shall be provided within 20 feet of the store entrance. (PLNG)

8. Storefronts and windows shall be transparent and allow views into the convenience store. (PLNG)

9. Signs shall comply with the applicable provisions of Chapter 18.180 in addition to the following. (a) No paper or printed signs advertising products or services are allowed except for informational or regulatory signs required by city, state, or federal agencies and the California State Lottery.

10. Sales of alcoholic beverages shall comply with the following:
(a) No alcohol sales shall occur after 10:00 p.m. Alcoholic beverages shall be located in coolers or storage containers that can be locked or made inaccessible to the public when alcohol sales are not allowed.
(b) Sales of distilled liquor or spirits, single beers (bottle or can), and malt liquor is prohibited.
(c) No display or sale of beer or wine from an ice tub is allowed. (d) No advertisement of alcohol beverages in areas outside of the building or in window areas is allowed.
(e) No alcoholic beverages shall be consumed on the premises. A sign plan shall be submitted as part of the use permit that includes signage outside the building(s) notifying customers of this requirement.
(f) The owner and/or convenience store operator shall be responsible for discouraging loitering within the premises, to notify police when necessary, and shall be required to participate in the Concord Police Department’s Authorization to Arrest Program, or in any similar program offered by the Concord Police Department. (g) The convenience store shall operate under a Security Plan reviewed and approved by the Concord Police Department.
(h) A copy of the conditions of approval for the permit issued for the sale of alcohol beverages shall be displayed on the premises of the establishment in a place where any member of the public may readily view the permit.

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(i) The convenience store shall provide an annual report to the Planning Division regarding its compliance with the requirements of this section and all conditions of approval associated with the use permit.

11. The Planning Manager may refer a use permit for a convenience store with alcohol sales to the review authority to revoke or modify the conditions of the permit in accordance with 18.540 CDC (Enforcement). (PLNG)

GREEMENTS, FEES, BONDS

12. Provide a $1,000 cash deposit to the Planning Division to cover Condition Compliance and Mitigation Monitoring costs and to reimburse the City for implementation of the Document Imaging and File Retention programs, at the time of submittal of plans and documents to Engineering Services or the Building Division for plan check. Planning staff’s time will be charged to this deposit for work performed to implement the Conditions of Approval and file retention scanning, from the time of project approval to occupancy approval. The deposit will be placed in a refundable account and any unused funds will be returned upon completion. If the initial deposit is insufficient to cover actual costs, an additional deposit will be required. (PLNG)

OTHER/MISCELLANEOUS

13. The applicant shall defend (with counsel approved by City), indemnify and hold harmless the City, any agency or instrumentality thereof, and its/their respective agents, officers, officials, volunteers, and employees from and against any and all administrative and/or legal claims, actions or proceedings to attack, set aside, void, or annul approval of the project, including without limitation, any related application, permit, certification, condition, environmental determination, other approval, compliance or failure to comply with applicable laws and regulations, and/or processing methods (“Challenge”), with the exception of a Challenge arising out of the City’s sole negligence or willful misconduct. The City shall have the right to pre- approve any material decision involved in defending any such Challenge, including settlement, and may (but is not obligated to) participate in the defense of any Challenge. If applicant does not promptly defend any Challenge, City may (but is not obligated to) defend such Challenge as City, in its sole discretion, determines appropriate, all at applicant’s sole cost and expense. The applicant shall bear any and all losses, damages, injuries, liabilities, costs, and expenses (including, without limitation, staff time and in-house attorney's fees on a fully-loaded basis, attorney’s fees for outside legal counsel, expert witness fees, court costs, and other litigation expenses) arising out of or related to any Challenge (“Costs”), whether incurred by Developer, City, or awarded to any third party, and shall pay to the City upon demand any Costs incurred by the City. No modification of the project, any application, permit, certification, condition, environmental determination, other approval, change in applicable laws and regulations, or change in processing methods shall alter the applicant’s indemnity obligation. Pursuant to Government Code Section 66474.9, the applicant’s indemnification obligation with respect to any claim, action or proceeding to attack, set aside, void, or annul an approval of City concerning a subdivision (tentative, parcel, or final map application or approval) shall be limited to actions brought within the time period provided for in Government Code Section 66499.37, unless such time period is extended for any reason. The City shall promptly notify applicant of any Challenge, and shall cooperate fully in the defense. (CA)

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14. The permit and approval shall expire in one year from the date on which they became effective unless construction permits are obtained and work has begun. The effective date of the permit and approval is on October 12, 2021 2023. (PLNG)

15. A request for a time extension from the expiration date of October 12, 2022 2023 can be considered if an application with required fee is filed at least 45 days before the original expiration date, otherwise a new application is required. A public hearing will be required for all extension applications, except those involving only Design Review. Extensions are not automatically approved. Changes in conditions, City policies, surrounding neighborhood, and other factors permitted to be considered under the law, may require, or permit denial. (PLNG)

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April 15, 2022
Mr. Frank Abejo, Principal Planner
City of Concord, Community Development Department
1950 Parkside Drive
Concord, CA 94519
(925) 671-3128
RE: SHELL GAS STATION, C-STORE & CARWASH
1500 AND 1590 CONCORD AVENUE
CONCORD, CA 94520
PL 19022- UP, VA, ME, DR
Dear Mr. Abejo:

On behalf of the property owner, Mr. Gursharnjeet Cheema, we are requesting a one-year extension for the above referenced entitlements. Currently our office is progressing with preparing the Construction Documents for the project. Our estimate to submit the Construction Documents to obtain a building permit for the project is June 6, 2022. Our submittals for the project include the building department, Contra Costa County, Environmental Health, Fire District, Fire Hazmat and the Sanitary District. Our estimated time for the City of Concord and other local jurisdictions to review and approve the project is approximately (6) months. Once the Construction Documents is approved,
the owner of the property will need approximately
(4) months to bid the project and select a contractor, in addition to secure financing for the project. With that said, we anticipate start of construction of the project April 25, 2023.

Please give us a call if you have any questions or need additional materials. I can be reached at (925) 287-1174 x1.

Sincerely,
Muthana Ibrahim
Architect, AIA, President
M I Architects, Inc.
cc: Mr. Gursharnjeet Cheema
S:\1-Projects\16-12701 1500 Concord Blvd Concord\Doc's\Plann extension -04-25-22.doc Muthana Ibrahim
Architect
President
Telephone:
(925) 287-1174
Facsimile:
(925) 943-1581
Cell:
(925) 878-9875
Email:
[email protected]
Website:
www.miarchitect.com
Attachment 2
M I A r c h i t e c t s, I n c. A C a l i f o r n i a C o r p o r a t i o n A R C H I T E C T U R E . P L A N N I N G . M A N A G E M E N T . D E S I G N 2 2 2 1 O L Y M P I C B L V D. , S U I T E 100 , W A L N U T C R E E K , C A L I F O R N I A 9 4 5 9 5

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Staff Report
Date: September 6, 2022
To: City Council
From: Valerie J. Barone, City Manager
Prepared by: Frank Abejo, Principal Planner
[email protected]
(925) 671-3128
Subject: Considering approval of a License Agreement with Resources for Community Development (RCD) to allow temporary use of the City-owned property at Galindo and Oak Streets as a construction yard and for the storage and staging of materials and equipment for the period between September 7, 2022 to September 6, 2024 (APN: 126-122-024); and authorizing the City Manager to execute the Agreement in a form acceptable to the City Attorney.

Report in Brief
For the purpose of constructing their 62-unit affordable housing project located at 1313- 1321 Galindo Street, Resources for Community Development (RCD) wishes to secure a license for temporary use of the City-owned property at Galindo and Oak Streets as a construction yard and for the storage and staging of materials and equipment. Staff supports the temporary licensing of this property because it aids in the development of additional affordable housing units for the community.

Recommended Action
Approve a License Agreement with Resources for Community Development (RCD) to allow temporary use of the City-owned property at Galindo and Oak Streets as a construction yard and for the storage and staging of materials and equipment for the period between September 7, 2022 to September 6, 2024 (APN: 126-122-024); and

4.e4.e

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City Council Agenda Report
Agenda Item No. 4.e
September 6, 2022
authorize the City Manager to execute the Agreement in a form acceptable to the City Attorney.

Background
In May 2019 the City Council awarded $7.8 million to RCD to construct Galindo Terrace, a 62-unit affordable housing project located at 1313-1321 Galindo Street. The funding mostly derived from the Concord Successor Housing funds ($5.5 million) with the remainder ($2.3 million) allocated from the City’s affordable housing fund. The project will provide housing to extremely low and low-income households (30-60% of Area Median Income (AMI)). The City’s funding leveraged an additional $56 million in County, State and private funds, including approximately $34 million through California’s Department of Housing and Community Development’s “Housing Accelerator Program,” which requires construction to commence within 180 days from the date of the award letter. RCD wishes to license property from the City to help facilitate and streamline construction of their project.

The approved RCD project is a 5-story, 62 unit complex affordable to extremely low and low-income households. The project will serve a mix of seniors, veterans, small families, and special needs households. It will include a community room, laundry room, property manager’s office, resident services office, long-term bicycle storage room, and an outdoor courtyard. The project will incorporate accessible design features to better meet the needs of seniors and special need households. The unit mix will consist of 39 one- bedroom units, 19 two-bedroom units (including one manager’s unit), and 4 three- bedroom units. Twelve of the units will be set aside for homeless veterans and one unit for residents living with HIV/AIDS. Residents will be provided with supportive services, available at no cost, such as after-school and summer youth programs, computer skills and budgeting.

Construction of RCD’s project is expected to break ground in September 2022 and complete in September 2024. RCD typically develops a marketing plan for new projects around 6-8 months before construction completion. In addition to general marketing and outreach, specific outreach to seniors and people with disabilities will occur. In terms of a waitlist, the application process begins about 5 months before project completion.

The City property subject to the license agreement before Council for approval is an approximately 4.2-acre site consisting of two parcels separated by Mt. Diablo Street and bounded by Galindo Street, Oak Street, and Laguna Street. It is a former RDA property acquired to facilitate a catalyzing development project in downtown Concord. The City Council recently adopted a resolution declaring the property surplus land, and authorized the City Manager to issue a Notice of Availability (NOA) for the site. The NOA process allows developers an opportunity to negotiate with the City on a future project involving construction of affordable housing.

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City Council Agenda Report
Agenda Item No. 4.e
September 6, 2022
Earlier this year Council gave staff the authority to determine the appropriate timing for issuance of the NOA. Staff estimates it to occur in late 2023 following disposition of the “white picket fence” property that is located on Galindo Street. The Galindo Street property will have its own NOA issued by the end of this calendar year. The amount of time that is required to reach disposition of the Galindo property, combined with the amount of time to subsequently reach disposition of the Oak Street property, is such that issuing a temporary license agreement to RCD will not impact the City’s disposition process.

Analysis
Below are the major features of the license agreement:

Term: Two years, from September 7, 2022 through September 6, 2024 Fee: No Fee is proposed, as the City is supporting this project with a $7.8 million investment.

Insurance: The City’s standard requirements for insurance are a condition of the agreement.

Conditions: Typical conditions that include ensuring that City access is maintained and the site is restored to original condition.

Financial Impact
As previously noted, staff recommends a no-fee license. There will be no revenue or expenditure associated with the issuance of this license agreement, excepting staff time involved in the preparation, execution, and administration of the temporary license agreement.

Environmental Determination
Pursuant to the California Environmental Quality Act of 1970, Public Resources Code §21000, et seq., as amended and implementing State Guidelines, Title 14, Chapter 3 of the California Code of Regulations (collectively, “CEQA”), approval of the Agreement is categorically exempt pursuant to the following CEQA Guidelines Sections 15301 – Existing Facilities, 15303 - New Construction or Conversion of Small Structures, 15304 – Minor Alterations to Land, and/or 15305 – Minor Alterations in Land Use Limitations. These categorical exemptions apply because the project consists of the temporary use of the site for storing, staging, and mobilization of modular units.

Furthermore, pursuant to Section 15300.2(c), there are no exceptions to the categorical exemptions, because the project: 1) is not located in a sensitive environment; 2) will not cause a cumulative impact due to successive projects of the same type in the same area; 3) will not have a significant effect on the environment due to a cumulative impact of other projects or unusual circumstances; 4) will not result in damage to scenic resources; 5) is not located on a site which is included on

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City Council Agenda Report
Agenda Item No. 4.e
September 6, 2022
any list compiled pursuant to Section 65962.5 of the Government Code; and, 6) will not cause a substantial adverse change in the significance of a historical resource.

Therefore, the proposed project does not warrant further environmental review.

Public Contact
The City Council Agenda was posted.

Attachment

1. License Agreement between the City of Concord and Resources for Community Development

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LICENSE AGREEMENT
This License Agreement (“Agreement”) is entered into on September 7, 2022 (“Effective Date”) between the City of Concord, a California municipal corporation (“City”) and Resources for Community Development, a 501(c) corporation, located at 2220 Oxford Street, Berkeley, CA 94704 (“Licensee”).

Recitals
A. City owns certain real property generally located in the 1600 block of Galindo Street, Concord, CA, APN 126-122-024 (“Property”).

B. Licensee would like to obtain a temporary, non-exclusive, and limited right, privilege, and permission to use portions of the Property as shown on Exhibit A (“License Area”) for the purpose set forth in Sections 1.A and 5 below, subject to the terms and condition of this Agreement, including those Conditions set forth in Sections 5 and 6 below.

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

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

1. License
A. Grant of License. City hereby grants to Licensee a non-exclusive and limited right, privilege, and permission to use the License Area (including reasonable access to the License Area) to store, stage and mobilize materials and equipment for the developer’s construction site ( RCD affordable housing project at 1313-1321 Galindo Street) from September 7, 2022 to September 6, 2024; and for no other purpose, subject to all leases, subleases, easements, restrictions and reservations now or subsequently pertaining to the License Area, the Property, or any portion thereof. Licensee is hereby expressly prohibited from bringing any soils or other materials onto the License Area, the Property, or any portion thereof.

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

C. Condition of Property. Licensee represents and warrants that Licensee has inspected and examined the License Area and accepts the License Area in its present “as is” condition. Licensee acknowledges and agrees that neither City, nor anyone acting for or on behalf of City, has made any representations, warranties, or Attachment 1

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promises to Licensee, or to anyone acting for or on behalf of Licensee, concerning the condition of the License Area, the Property, any portion thereof, or any other aspect thereof including any structures or improvements located thereon, the availability of utilities, or the absence or presence of hazardous materials. Licensee shall keep the License Area in a clean, orderly, and sanitary condition to the satisfaction of the City Engineer or designee. Licensee agrees to take proper care to maintain and preserve the property of City. Upon expiration or other termination of this Agreement, Licensee shall remove all of its employee vehicles and other installations from and shall repair and restore the License Area, the Property, and all portions thereof, and shall peaceably vacate such areas to the City clean and in the same condition as when received, reasonable wear and tear excepted.

D. Risk of Loss. City assumes no responsibility for loss or any damage to the property of the Licensee or Licensee’s employees, including theft, vandalism or other property loss or damage incurred as a result of Licensee’s use of the License Area.

E. Advertising. Licensee shall not at any time display any advertising sign without City’s prior written approval, which City may condition or withhold in its sole discretion.

2. Term. The term of this Agreement shall be for a period of two (2) years commencing on September 7, 2022 (“Commencement Date”) and expiring on September 6, 2024. The term may be extended by the parties upon mutual written agreement by the parties. The City Manager is authorized to execute such renewal or extension of the Agreement. The City, acting solely by and through the City Council, reserves the right to terminate this Agreement at any time upon thirty (30) days notice.

3. License Fee. Intentionally omitted.

4. Possessory Interest Taxes. While this Agreement is expressly a License and does not transfer exclusive possession to the License Area, Licensee acknowledges and agrees to pay when due any taxes of any kind and every nature, including but not limited to possessory interest tax that m ay be imposed upon the License Area or Licensee’s use thereof pursuant to Revenue and Taxation Code Section 107.6

5. Construction Yard, Storage, Staging and Mobilization Lot. “Construction Yard, storage, staging and mobilization lot” means temporary operation of a construction yard and a storage and staging yard for the mobilization of materials and equipment associated with construction of the RCD Galindo Terrace affordable housing project at 1313-1321 Galindo Street (depositing or storage of any soils is expressly prohibited) within the License Area. Absent an amendment or modification of this Agreement, no activities other than those described above are allowed. No other alterations (including temporary or permanent structures, changes, and/or additions) other than those expressly

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permitted under Section 6 Conditions, shall be made to the License Area, the Property, or any portion thereof, and no other work or activities shall be allowed without City’s prior written consent, which City may condition or withhold in its sole discretion. Licensee shall provide City with at least three (3) business days prior written notice before conducting any Work. All Work and all other activities pursuant to this Agreement shall be at the sole cost and expense of Licensee.

6. Conditions. “Conditions” means the following items; Licensee, at its sole cost and expense, shall comply such Conditions to the City Engineer’s satisfaction:

A. A City project to pave Oak Street adjacent to the license area is tentatively scheduled for construction beginning on March 1, 2023. Licensee shall not use Oak Street for access once the City begins staging for construction. Following onset of Oak Street construction Licensee shall obtain an encroachment permit from the City and the City’s approval to construct a Laguna Street access point.

B. If use of Oak Street occurs after completion of the paving project referenced in Condition A, the Licensee is responsible for restoring any subsequent damage to the roadway as required by the City Engineer, including but not limited to: re-striping damaged lane markings, and resurfacing or repaving rutted or damaged portions of pavement.

C. Hours of operation shall be from Monday through Friday from 8:00 a.m. to 5:00 p.m..

D. The City requires a surface stabilization treatment for the proposed staging area, as vehicles driving through unpaved dirt may generate dust (impacting adjacent residences and businesses), and if it rains, mud could track onto the streets. Licensee shall provide appropriate erosion and sediment control best
management practices, including but not limited to stabilized construction entrance, straw wattles, and sweeping of streets to remove track-out.

E. Following the termination of temporary use, Licensee shall repair any damaged portions of property, including driveway approaches, fence or screening.

F. The Licensee shall obtain an encroachment and/or site development permits from the City and the City’s approval of a traffic control plan and fencing plan prior to use of or mobilization within the License Area, which shall include completing additional fencing work once the City’s construction project begins; Licensee shall submit a site plan for the construction yard to the Engineering Division for review and approval, at least three weeks prior to the proposed use.

G. Absent an amendment or modification of this Agreement, no activities other than those described above are allowed. No other alterations

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(including temporary or permanent structures, changes and/or additions) shall be made to the License Area, the Property, or any portion thereof, and no other work or activities shall be allowed without City’s prior written consent, which City may condition or withhold in its sole discretion. Consistent with Section 5, Licensee shall provide City with at least three (3) business days prior written notice before commencing any work. All work and all other activities pursuant to this Agreement shall be at the sole cost and expense of Licensee.

7. Indemnification. The following obligations are in addition to those imposed by applicable provisions of the Concord Municipal Code. Licensee agrees to and shall defend (with independent counsel approved by the City), indemnify and hold harmless the City, its officers, officials, employees, agents, representatives and volunteers (each, a “City Party”) from and against any and all claims, demands, actions, losses, damages, injuries, and liabilities, including all attorney’s fees, expert fees, consultant fees, and other litigation costs and expenses (“Claims”) arising out of or connected in any way with: (a) the Permitted Use; (b) Licensee’s or any Licensee Party’s activities on or about, operation of, access to, and/or use of, the License Area, the Property, or any portion thereof; (c) this Agreement; or (d) Licensee’s or any Licensee Party’s performance, non- performance, breach, or default under this Agreement (individually and collectively, “Activities”), except to the extent caused by City’s sole or active negligence or willful misconduct.

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

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

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

C. Compliance with State Workers’ Compensation Requirements.

Licensee covenants that it will insure itself against liability for Workers’ Compensation pursuant to the provisions of California Labor Code §3700, et seq.

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

D. Other Insurance Provisions. The policies are to contain, or be endorsed

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

9. Compliance With Laws. Licensee shall at all times comply with, and shall pay all costs and expenses which may be incurred or required to be paid in order to comply with, any and all laws, statutes, ordinances, rules, regulations, permitting requirements, labor codes, prevailing wage requirements, hazardous materials laws, the Americans with Disabilities Act of 1990, 42 U.S.C. §12101 et seq., covenants and restrictions of record, life and fire safety and similar requirements, including those of the State of California, the County of Contra Costa, the City of Concord, or other applicable authority, all as amended from time to time (“Laws”) which apply to any Licensee Activities, including those requiring payment of any fees, charges or assessments arising out of or in any way related to any Activities or any portion thereof as a source of adverse environmental impacts or effects. Licensee shall not permit or suffer any mechanic’s lien to be filed against the License Area, the

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Property, any portion thereof, or any interest therein, and shall immediately discharge any such lien. Licensee agrees to and shall protect, defend (with independent counsel approved by the City), indemnify and hold harmless the City and each City Party from and against any and all claims arising out of or connected in any way with any such lien, except to the extent caused by City’s sole or active negligence or willful misconduct.

10. Environmental Matters.

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

B. Generator. City shall not be identified on any documents or otherwise as the generator of any materials or wastes on any manifests or similar documents regarding any Hazardous Materials, or any other materials or wastes resulting from the Work.

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

D. Indemnification for Hazardous Materials. In addition to the indemnification provision set forth in Section 6 above, except to the extent caused by City’s sole negligence or willful misconduct, Licensee agrees to and shall defend (with independent counsel approved by the City), indemnify and hold harmless the City and each City Party from and against any and all Claims (including investigation, removal, remediation, cleanup and monitoring costs), asserted against or incurred at any time and from time-to-time by reason of or arising out or connected in any way with (a) the presence or release of any Hazardous Materials in, on, under or about the License Area, the Property, or any portion thereof; (b) any Activities; (c) the use,

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

11. 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.

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

13. Enforceability; Interpretation. All duties and obligations of Licensee hereunder shall also be deemed to the duties and obligations of each Licensee Party, and Licensee shall be responsible for any breach of any provision of this Agreement by any Licensee Party. In the event that any of the provisions or portions of application of any of the provisions of this Agreement are held to be illegal or invalid by a court of competent jurisdiction, City and Licensee shall negotiate an equitable adjustment in the provisions of this Agreement with a view toward affecting the purpose of this Agreement. The illegality or invalidity of any of the provisions or portions of application of any of the provisions of this Agreement shall not affect the legality or enforceability of the remaining provisions or portions of application of any of the provisions of this Agreement. This Agreement shall be interpreted as though it was a product of a joint drafting effort and no provisions shall be interpreted against a party on the ground that said party was solely or primarily responsible for drafting the language to be interpreted. Each party has received independent legal advice from its attorneys with respect to the advisability of executing this Agreement and the meaning of the provisions hereof. Headings used in this Agreement are for convenience of reference only and shall not be used in construing this Agreement. Where the context so requires, the use of the singularshall include the plural and vice versa. The words “include” and “including” shall be interpreted as though followed by the words “without limitation.”

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

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15. Successors and Assigns; No Third Party Beneficiaries; No Joint Venture.

Licensee binds itself and its successors and assigns to the terms and obligations of this Agreement. Licensee shall not assign or transfer any interest in this Agreement without the City’s prior written consent, which City may condition or withhold in its sole discretion. Any attempted assignment or transfer in breach of this provision shall be void. This Agreement is not intended and shall not be construed to create any third party benefit, or any joint venture, partnership, employment, or agency relationship between the parties.

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

To City: City of Concord
Attention: Community Development Director
1950 Parkside Drive, MS/53 Concord, CA 94520
Telephone: (925) 671-3152
Email: [email protected]
To Licensee: Resources for Community Development
Mohammad Hakimi, President/CEO
2220 Oxford St.

Berkeley, CA 94704
Telephone: (510) 444-7561
Email: [email protected]

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

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

19. No Title; No Recording. Nothing in this Agreement or any activities

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pursuant to this Agreement shall convey or create in Licensee any right, title or interest in the License Area, the Property, or any portion thereof. Licensee may not record this Agreement or a memorandum referring to this Agreement without City’s prior written consent, which City may condition or withhold in its sole discretion.

20. Survival. The terms and conditions of the following Sections shall survive any termination or expiration of this Agreement: Section 1.C (Condition of Property), Section 6.8 (Conditions), Section 7 (Indemnification), Section 8 (Insurance), Section 9 (Compliance with Laws), Section 10 (Environmental Matters), Section 11 (Choice of Law), Section 17 (Non-Liability), and Section 20 (Survival).
(Signatures on following page)

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

LICENCEE: CITY:

Resources for Community Development City of Concord
a 501(c) Corporation a California Municipal Corporation By: _____________________________ By:______________________________ Mohammad Hakimi Valerie J. Barone
President/CEO City Manager
ATTEST:

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

By:

Susanne Brown
City Attorney

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Exhibit A
License Area

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Staff Report
Date: September 6, 2022
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kevin Marstall, PE, Director of Community Development Mindy Gentry, Planning Manager
Prepared by: Frank Abejo, Principal Planner
[email protected]
(925) 671-3128
Subject: Considering adoption of a Resolution approving a Design and Site Review Amendment to modify a condition of approval allowing an internally illuminated wall sign for Kolaboration Concord, LLC (dba “CoCo Farms”) at 2366 Stanwell Circle, APN 112-252-021 (PL22140 – DRA)
CEQA: Previously determined to be categorically exempt
pursuant to CEQA Guidelines Sections 15301, 15302, 15303, 15304; and/or Section 13305; the sign is exempt/not a project under CEQA Guidelines Section 15311, 15060(c)(2),
15061(b)(3), 15378, and/or Public Resources Code Section 21065.

Report in Brief
The City Council is requested to consider a Design and Site Review Amendment to modify a condition of approval allowing an internally illuminated wall sign for CoCo Farms at 2366 Stanwell Circle.

Recommended Action
Approve a Resolution approving a Design and Site Review Amendment to modify a condition of approval allowing an internally illuminated wall sign for Kolaboration Concord, LLC (dba “CoCo Farms”) at 2366 Stanwell Circle, APN 112-252-021 (PL22140 – DRA).

4.f4.f4.f4.f

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City Council Agenda Report
Agenda Item No. 4.f
September 6, 2022
Background
On April 12, 2022, the City Council (Council) introduced an Ordinance approving a Development Agreement between the City and CoCo Farms regarding the development of a cannabis microbusiness with storefront retail at 2366 Stanwell Circle. Concurrently, Council also adopted Resolution No. 22-29 approving a Use Permit, Variance, and Design and Site Review for the proposed cannabis microbusiness with storefront retail.

Ordinance No. 22-5 approving the Development Agreement was adopted on April 26, 2022, and became effective May 26, 2022.

Council’s approval of CoCo Farms includes the following Design and Site Review condition regarding wall signage:

Condition of Approval 53.b
If lighting is proposed, lighting shall be halo illuminated letters or externally illuminated individual letters mounted on the sign face.

The intent of this condition was to provide an enhanced appearance to the wall sign compared to the more common appearance of internally illuminated channel letter signs, where lighting located within the sign is projected towards the front of the sign to illuminate the translucent face of sign letters. With halo illumination, an opaque sign face is used and lighting is typically projected towards the back of the sign and mounting surface to create a halo lighting effect around the opaque sign faces.

Externally illuminated signage is accomplished by using external light fixtures that splash light on the sign.

Due to an oversightby CoCo Farms, the wall sign was fabricated with internally illuminated letters which is inconsistent with the project’s conditions of approval. To comply with the halo lighting requirement, a new sign would need to be fabricated, which would cost between $9,000 and $10,000. CoCo Farms has installed the sign that was fabricated, which has not been wired for power and is currently non-illuminated.

On June 27, 2022, Denise Findley, on behalf of CoCo Farms, requested a modification of the project’s condition of approval to allow an internally illuminated wall sign without a halo.

Analysis
Pursuant to Development Code Section 18.505.030, staff cannot approve a change to an approved project if it involves a “feature of the project that was specifically addressed in or was a basis for conditions of approval for the project.” Consequently, since the Council was the highest review authority for this project, Council must decide on the request to modify a condition of their Design and Site Review approval for the project.

The Development Code provides criteria when staff is authorized to consider minor changes to an approved project; however, the Development Code does not provide specific findings or criteria for decision making bodies such as the Planning Commission

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City Council Agenda Report
Agenda Item No. 4.f
September 6, 2022
or City Council when considering changes to an approved project. A condition restricting the method of sign illumination is not typical, and staff would generally treat changes to sign illumination as a minor change. For this reason, staff recommends that Council base its decision on the applicable Development Code criteria that staff would consider for a minor project amendment. The criteria are listed below in italics followed by staff’s determination on how the request satisfies each criterion.

1. The change is consistent with all applicable provisions of the development code .

Internally illuminated letters are not prohibited by the Development Code and would not conflict with any standards related to sign illumination or lighting in general.

2. The change does not involve a feature of the project that was specifically addressed in, or was a basis for findings in, a negative declaration, mitigated negative declaration, or environmental impact report (EIR) for the project. The sign is part of a project that Council previously determined is categorically exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Sections 15301, 15302, 15303, 15304, and/or Section 15305, and therefore was not subject to a negative declaration, mitigated negative declaration, or environmental impact report. The sign is categorically exempt pursuant to CEQA Guidelines Section 15311, Accessory Structures, which specifically exempts “on-premise signs.” In addition, pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(3), and/or 15378, City Council action on this item is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, and falls within the “common sense” exemption set forth in CEQA Guidelines Section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” 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.

Additionally, the sign is categorically exempt pursuant to CEQA Guidelines Section 15311, Accessory Structures, which specifically exempts “on-premise signs.” In addition, pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(3), and/or 15378, City Council action on this item is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, because it will not

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City Council Agenda Report
Agenda Item No. 4.f
September 6, 2022
result in a direct or reasonably foreseeable indirect physical change in the environment, and falls within the “common sense” exemption set forth in CEQA Guidelines Section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” 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

4. The change does not expand the approved floor area or any outdoor activity area by 10 percent or more over the life of the project. The proposed change concerning sign illumination does not involve any expansion of floor area or any outdoor activity areas.

5. The change does not affect the intent of the approval or allow an additional use that would otherwise require a public hearing which was not previously considered. The proposed change concerning sign illumination will not change the use that currently operates at the site.

Based on the foregoing, staff recommends Council approve the proposed change to CoCo Farms’ wall sign illumination by amending Condition of Approval #53.b as follows:

Amended Condition of Approval #53.b
If lighting is proposed, lighting shall be halo illuminated letters or externally internally illuminated individual letters mounted on the sign face.

Environmental Determination
Pursuant to the California Environmental Quality Act of 1970, Public Resources Code §21000, et seq., as amended and implementing State Guidelines, Title 14, Chapter 3 of the California Code of Regulations (collectively, “CEQA), the City Council previously determined in April 2022, as part of its review and approval of the project, that the project was categorically exempt from the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines Sections 15301, 15302, 15303, 15304, and/or 15305. A Notice of Exemption was filed on April 28, 2022.

The present application seeks to amend the Design and Site Review approval to modify the allowed sign type. No other changes or revisions are proposed for the project; and, other than the sign modification, all findings, terms and/or conditions of approval remain in full force and effect. Further, the application to modify the allowed sign type is exempt under CEQA Guideline Section 15311 (Accessory Structures), which specifically exempts “on-premise signs.” In addition, pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(3), and/or 15378, City Council action on this item is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, and falls within the “common sense” exemption set forth in CEQA Guidelines Section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no

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City Council Agenda Report
Agenda Item No. 4.f
September 6, 2022
possibility that the activity in question may have a significant effect on the environment.” No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. This determination reflects the City’s independent judgment and analysis.

Attachments

1. Resolution Approving Design and Site Review Amendment with Exhibit A:

Conditions of Approval

2. Photos of Existing Sign

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Res. No. 22-XX 1

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD,

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Approving a Design and Site
Review Amendment to Modify a Condition of
Approval Allowing an Internally Illuminated
Wall Sign for Kolaboration Concord, LLC (dba
“CoCo Farms”) at 2366 Stanwell Circle, APN
112-252-021 (PL22140 – DRA)
Resolution No. 22-XX
/
WHEREAS, on April 12, 2022, the City Council introduced an Ordinance approving a Development Agreement between the City and Kolaboration Concord, LLC (dba “CoCo Farms”) regarding the development of a cannabis microbusiness with storefront retail at 2366 Stanwell Circle; and
WHEREAS, concurrent with the above action, the City Council adopted Resolution No. 22- 29 on a 5-0 vote, approving a Use Permit, Variance, and Design and Site Review for the proposed cannabis microbusiness with storefront retail; and
WHEREAS, on April 26, 2022, the City Council adopted Ordinance No. 22-5, on a 5-0 vote, approving the Development Agreement; and
WHEREAS, on May 26, 2022, Ordinance No. 22-5 became effective; and WHEREAS, the City Council’s approval for CoCo Farms includes a Design and Site Review condition limiting wall signage illumination to “halo illuminated letters or externally illuminated individual letters mounted on the sign face” (hereafter referred to as “Condition of Approval 53.b” or “COA 53.b”); and
WHEREAS, in accordance with Development Code Section 18.505.030, the City Council is the review authority to consider the request because it involves a “feature of the project that was specifically addressed in or was a basis for conditions of approval for the project”; and WHEREAS, on June 27, 2022, Denise Findley, on behalf of CoCo Farms, requested a Design and Site Review Amendment to modify COA 53.b to allow for an internally illuminated wall sign; and
Attachment 1

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Res. No. 22-XX 2
WHEREAS, on September 6, 2022, the City Council, after giving all public notices required by state law and the Concord Municipal Code, held a duly noticed public hearing on the request; and WHEREAS, at such public hearing, the City Council considered all oral and written information, testimony, and comments received on the matter, including information received at the public hearing, the written report from City staff dated September 6, 2022, and other exhibits presented, which are maintained at the offices of the City of Concord City Clerk (collectively hereinafter referred to as “City Council Information”); and

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

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

Section 2. The City Council has reviewed, considered, and evaluated the City Council Information, all other pertinent plans, documents, and testimony prior to acting upon Resolution.

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

Section 4. Pursuant to the California Environmental Quality Act of 1970, Public Resources Code §21000, et seq., as amended and implementing State Guidelines, Title 14, Chapter 3 of the California Code of Regulations (collectively, “CEQA), the City Council previously determined in April 2022, as part of its review and approval of the project, that the project was categorically exempt from the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines Sections 15301, 15302, 15303, 15304, and/or 15305. A Notice of Exemption was filed on April 28, 2022.

Section 5. The present application seeks to amend the Design and Site Review approval to modify the allowed sign type. No other changes or revisions are proposed for the project; and, other than the sign modification, all findings, terms and/or conditions of approval remain in full force and effect. Further, the application to modify the allowed sign type is exempt under CEQA Guideline

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Res. No. 22-XX 3
Section 15311 (Accessory Structures), which specifically exempts “on-premise signs.” In addition, pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(3), and/or 15378, City Council action on this item is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, and falls within the “common sense” exemption set forth in CEQA Guidelines Section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” 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 6. Design and Site Review Amendment
The proposed change concerning sign illumination meets the following criteria of Development Code Section 18.505.030:

1. The change is consistent with all applicable provisions of the development code. Internally illuminated letters are not prohibited by the Development Code and would not conflict with any standards related to sign illumination or lighting in general.

The sign is categorically exempt pursuant to CEQA Guidelines Section 15311, Accessory Structures, which specifically exempts “on-premise signs.” In addition, pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(3), and/or 15378, City Council action on this item is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, because it will not result in a direct or reasonably foreseeable indirect

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Res. No. 22-XX 4
physical change in the environment, and falls within the “common sense” exemption set forth in CEQA Guidelines Section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” 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.

3. The change does not create any new potentially significant environmental impacts. The proposed change concerning sign illumination will not create any new potentially significant environmental impacts, include impacts related to lighting and glare. Additionally, the sign is categorically exempt pursuant to CEQA Guidelines Section 15311, Accessory Structures, which specifically exempts “on-premise signs.” In addition, pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(3), and/or 15378, City Council action on this item is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, and falls within the “common sense” exemption set forth in CEQA Guidelines Section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” 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

3. The change does not expand the approved floor area or any outdoor activity area by 10 percent or more over the life of the project. The proposed change concerning sign illumination does not involve any expansion of floor area or any outdoor activity areas.

4. The change does not affect the intent of the approval or allow an additional use that would otherwise require a public hearing which was not previously considered. The proposed change concerning sign illumination will not change the use that currently operates at the site.

Section 7. This resolution shall become effective immediately upon its passage and adoption. //

Page 9 of 13 ends

Res. No. 22-XX 5
PASSED AND ADOPTED this 6th day of September, 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

I HEREBY CERTIFY that the foregoing Resolution No. 22-XX was duly and regularly adopted at a regular meeting of the City Council of the City of Concord on September 6, 2022.

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:
______________________________
Susanne Meyer Brown
City Attorney
Attachment: Exhibit A - Conditions of Approval

Page 10 of 13 ends

CONDITIONS OF APPROVAL

COCO FARMS DESIGN AND SITE REVIEW AMENDMENT
APPLICATION NO. PL22140 – DRA
2366 STANWELL CIRCLE
APN 112-252-021

PERMIT DESCRIPTION

1. These Conditions apply to and constitute approval of a Design and Site Review Amendment to amend Condition of Approval #53.b of City Council Resolution No. 22- 29 as follows:

If lighting is proposed, lighting shall be halo illuminated letters or externally internally illuminated individual letters mounted on the sign face.

Except as modified above, CoCo Farms shall comply with the applicable Conditions of Approval of City Council Resolution No. 22-29, which is incorporated herein by reference.

GENERAL CONDITIONS

2. Applicant shall obtain a building permit to modify the existing non-illuminated sign to an internally illuminated sign. (PLNG, BLDG).

3. The applicant shall defend (with counsel approved by City), indemnify and hold harmless the City, any agency or instrumentality thereof, and its/their respective agents, officers, officials, volunteers, and employees from and against any and all administrative and/or legal claims, actions or proceedings to attack, set aside, void, or annul approval of the project, including without limitation, any related application, permit, certification, condition, environmental determination, other approval, compliance or failure to comply with applicable laws and regulations, and/or processing methods (“Challenge”), with the exception of a Challenge arising out of the City’s sole negligence or willful misconduct.

The City shall have the right to pre-approve any material decision involved in defending any such Challenge, including settlement, and may (but is not obligated to) participate in the defense of any Challenge. If applicant does not promptly defend any Challenge, City may (but is not obligated to) defend such Challenge as City, in its sole discretion, determines appropriate, all at applicant’s sole cost and expense. The applicant shall bear any and all losses, damages, injuries, liabilities, costs, and expenses (including, without limitation, staff time and in-house attorney's fees on a fully-loaded basis, attorney’s fees for outside legal counsel, expert witness fees, court costs, and other litigation expenses) arising out of or related to any Challenge (“Costs”), whether incurred by Developer, City, or awarded to any third party, and shall pay to the City upon demand any Costs incurred by the City. No modification of the project, any application, permit, certification, Exhibit A

Page 11 of 13 ends

condition, environmental determination, other approval, change in applicable laws and regulations, or change in processing methods shall alter the applicant’s indemnity obligation. Pursuant to Government Code Section 66474.9, the applicant’s indemnification obligation with respect to any claim, action or proceeding to attack, set aside, void, or annul an approval of City concerning a subdivision (tentative, parcel, or final map application or approval) shall be limited to actions brought within the time period provided for in Government Code Section 66499.37, unless such time period is extended for any reason. The City shall promptly notify applicant of any Challenge, and shall cooperate fully in the defense. (CA)

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Attachment 2

Page 13 of 13 ends

Staff Report
Date: September 6, 2022
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: William Tarbox, Director of Public Works
Prepared by: Craig Blythe, Administrative Services Manager [email protected]
(925) 671-3141
Subject: Considering award of purchase of twelve 2023 Ford Utility Police Interceptors to National Auto Fleet Group in the amount of $666,802.20 and authorize the City Manager or designee to sign documents necessary or desirable to effect such
purchase, subject to City Attorney approval. (Annual Vehicle Replacement Fund)
Report in Brief
The City needs to replace twelve law enforcement vehicles in Fiscal Year 2022-23.

Recommended Action
Award the purchase of twelve Ford Police Interceptors to National Auto Fleet Group in the amount of $666,802.20 and authorize the City Manager or designee to sign documents necessary or desirable to effect such purchase, subject to City Attorney approval.

Background
Replacement of worn-out vehicles and equipment is an on-going effort to sustain fleet reliability and maintainability. Replacing vehicles at the end of their useful life saves the City money, reduces out-of-commission time, and helps ensure safety.

City vehicles are scheduled for replacement after 6-10 years of use depending on type of vehicle and amount of use. The City fleet incorporates 255 vehicles, of which nine are scheduled for replacement this Fiscal Year. Not all vehicles complete a full life cycle. A vehicle may sustain irreparable damage earlier in its life cycle forcing its removal from

4.g4.g4.g4.g

Page 1 of 35 ends

City Council Agenda Report
Agenda Item. 4.g
September 6, 2022
the City fleet prematurely. In order to accommodate for this likelihood in addition to the vehicles scheduled for replacement the City is ordering 12 replacement vehicles.

Supply chain issues continue to affect the ability of manufacturers to fill vehicle orders.

Receiving full orders or projecting delivery times is no longer feasible. Vehicle manufacturers can take up to a year from the date they receive an order to fill that order.

Additionally manufactures of specialty vehicles have established proscribed windows within which an order must be placed. For the Ford utility police interceptor vehicle the manufacturer “moved up” the ordering window and it is unclear when or if another ordering window will occur this year. Therefore, the City must place the order for replacement police vehicles by September 16, 2022.

Procurement Process
Pricing for the purchase of Ford Police Interceptors has been competitively solicited (Attachment 1) and established under the Sourcewell Contract 091521-NAF (Attachment 2).

Financial Impact
Funding to purchase these vehicles is included in the Fiscal Year 2022/23 Annual Vehicle Replacement Fund.

Public Contact
The City Council Agenda was posted.

Attachments

1. Ford Police Interceptor Quote

2. Sourcewell Contract 091521-NAF

Page 2 of 35 ends

One Unit
(MSRP)
One Unit Total %
Savings
Extended
Unit's (12)
Total Savings
Contract Price $52,375.00 $50,622.41 3.346 % $607,468.92 $21,031.08 Tax (9.7500 %) $4,935.69 $59,228.28
Tire fee $8.75 $105.00
Total $55,566.85 $666,802.20
Jesse Cooper
Account Manager
Email: [email protected]
Office: (855) 289-6572
Fax: (831) 480-8497
8/23/2022
9/1/2022 Re-Configured
Quote ID: 32430 R1
Order Cut Off Date: TBA
Craig Blythe
city of concord
Public Works
1455 Gasoline Alley
Concord, California, 94520
Dear Craig Blythe,
National Auto Fleet Group is pleased to quote the following vehicle(s) for your consideration.

Twelve (12) New/Unused (2023 Ford Police Interceptor Utility (K8A) AWD, ) and delivered to your specified location, each for
- per the attached specifications.

This vehicle(s) is available under the Sourcewell Contract 091521-NAF . Please reference this Contract number on all purchase orders to National Auto Fleet Group. Payment terms are Net 20 days after receipt of vehicle.

Thank you in advance for your consideration. Should you have any questions, please do not hesitate to call.

Sincerely,
Attachment 1

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Purchase Order Instructions & Resources

In order to finalize your purchase please submit this purchase packet to your governing body for a purchase order approval and submit your purchase order in the following way:

Email: [email protected]
Fax: (831) 480-8497
Mail: National Auto Fleet Group
490 Auto Center Drive
Watsonville, CA 95076

We will send a courtesy confirmation for your order and a W-9 if needed.

Additional Resources
Learn how to track your vehicle: www.NAFGETA.com Use the upfitter of your choice: www.NAFGpartner.com Vehicle Status: [email protected] General Inquiries: [email protected]

For general questions or assistance please contact our main office at:
1-855-289-6572

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Vehicle Configuration Options
ENGINE
Code Description
99B
ENGINE: 3.3L V6 DIRECT-INJECTION (FFV), -inc: (136-MPH top speed), Note: Deletes regenerative braking and lithium-ion battery pack; adds 250-Amp alternator, replaces H7 AGM battery (800 CCA/80-amp) w/H7 SLI battery (730 CCA/80-amp) and replaces 19- gallon tank w/21.4-gallon

TRANSMISSION
Code Description
44U TRANSMISSION: 10-SPEED AUTOMATIC (44U)

PRIMARY PAINT
Code Description

UM AGATE BLACK

PAINT SCHEME
Code Description
___ STANDARD PAINT

SEAT TYPE
Code Description
96 CHARCOAL BLACK, UNIQUE HD CLOTH FRONT BUCKET SEATS W/VINYL REAR, -inc:
reduced bolsters, driver 6-way power track (fore/aft, up/down, tilt w/manual recline, 2-way manual lumbar), passenger 2-way manual track (fore/aft, w/manual recline) and built-in steel intrusion plates in both driver/passenger seatbacks

AXLE RATIO
Code Description
___ 3.73 AXLE RATIO, (STD)

ADDITIONAL EQUIPMENT
Code Description
51V DUAL (DRIVER & PASSENGER) LED SPOT LAMPS (WHELEN)
92R 2ND ROW ONLY SOLAR TINT GLASS, -inc: privacy glass on rear quarter and liftgate window
153 FRONT LICENSE PLATE BRACKET
66A FRONT HEADLAMP LIGHTING SOLUTION, -inc: LED low beam/high beam headlamp, wig-wag function and (2) red/blue/white LED side warning lights in each headlamp (factory configured: driver's side white/red/passenger side white/blue), Wiring and LED lights included (in headlamps only; grille lights not included), Controller not included, Grille LED Lights, Siren & Speaker Pre-Wiring

Page 5 of 35 ends

59B KEYED ALIKE - 1284X
90E BALLISTIC DOOR-PANELS (LEVEL III+), -inc: Driver and passenger front-doors 68G
REAR-DOOR CONTROLS INOPERABLE, -inc: Locks, handles and windows, Note: Can manually remove window or door disable plate w/special tool, Note: Locks/windows operable from driver's door switches
17A REAR AUXILIARY AIR CONDITIONING
43D DARK CAR FEATURE, -inc: Courtesy lamps disabled when any door is opened 17T SWITCHABLE RED/WHITE LIGHTING IN CARGO AREA, -inc: Deletes 3rd row overhead map light
87R
REAR VIEW CAMERA, -inc: Displayed in rear view mirror, Note: This option replaces the standard display in the center stack area, Note: Camera can only be displayed in the center stack (std) or the rear view mirror (87R), Electrochromic Rear View Mirror, Video is displayed in rear view mirror
55B BLIS BLIND SPOT MONITORING W/CROSS TRAFFIC ALERT, -inc: Manual Fold-Away Mirrors w/Heat, Without memory and without puddle lamps 76R REVERSE SENSING SYSTEM
60A GRILLE LED LIGHTS, SIREN & SPEAKER PRE-WIRING
60R NOISE SUPPRESSION BONDS (GROUND STRAPS)

OPTION PACKAGE
Code Description
500A ORDER CODE 500A

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2023 Ford Police Interceptor Utility AWD

CODE MSRP
K8A $47,165.00

99B ($2,830.00)
44U $0.00
UM $0.00
___ $0.00
96 $0.00
___ $0.00
51V $665.00
92R $85.00
153 $0.00
66A $895.00
59B $50.00
90E $3,170.00
68G $75.00
17A $610.00
43D $25.00
17T $50.00
87R $0.00
55B $545.00
76R $275.00
60A INC
60R $100.00
2023 Fleet/Non-Retail Ford Police Interceptor Utility AWD

WINDOW STICKER

MODEL
2023 Ford Police Interceptor Utility AWD

OPTIONS
ENGINE: 3.3L V6 DIRECT-INJECTION (FFV), -inc: (136-MPH top speed), Note: Deletes regenerative braking and lithium-ion battery pack; adds 250-Amp alternator, replaces H7 AGM battery (800 CCA/80-amp) w/H7 SLI battery (730 CCA/80-amp) and replaces 19-gallon tank w/21.4-gallon
TRANSMISSION: 10-SPEED AUTOMATIC (44U)

AGATE BLACK

STANDARD PAINT
CHARCOAL BLACK, UNIQUE HD CLOTH FRONT BUCKET SEATS W/VINYL REAR, -inc:
reduced bolsters, driver 6-way power track (fore/aft, up/down, tilt w/manual recline, 2-way manual lumbar), passenger 2-way manual track (fore/aft, w/manual recline) and built-in steel intrusion plates in both driver/passenger seatbacks

3.73 AXLE RATIO, (STD)

DUAL (DRIVER & PASSENGER) LED SPOT LAMPS (WHELEN)
2ND ROW ONLY SOLAR TINT GLASS, -inc: privacy glass on rear quarter and liftgate window

FRONT LICENSE PLATE BRACKET
FRONT HEADLAMP LIGHTING SOLUTION, -inc: LED low beam/high beam headlamp, wig-wag function and (2) red/blue/white LED side warning lights in each headlamp (factory configured:
driver's side white/red/passenger side white/blue), Wiring and LED lights included (in headlamps only; grille lights not included), Controller not included, Grille LED Lights, Siren & Speaker Pre- Wiring
KEYED ALIKE - 1284X
BALLISTIC DOOR-PANELS (LEVEL III+), -inc: Driver and passenger front-doors REAR-DOOR CONTROLS INOPERABLE, -inc: Locks, handles and windows, Note: Can manually remove window or door disable plate w/special tool, Note: Locks/windows operable from driver's door switches

REAR AUXILIARY AIR CONDITIONING
DARK CAR FEATURE, -inc: Courtesy lamps disabled when any door is opened SWITCHABLE RED/WHITE LIGHTING IN CARGO AREA, -inc: Deletes 3rd row overhead map light
REAR VIEW CAMERA, -inc: Displayed in rear view mirror, Note: This option replaces the standard display in the center stack area, Note: Camera can only be displayed in the center stack (std) or the rear view mirror (87R), Electrochromic Rear View Mirror, Video is displayed in rear view mirror BLIS BLIND SPOT MONITORING W/CROSS TRAFFIC ALERT, -inc: Manual Fold-Away Mirrors w/Heat, Without memory and without puddle lamps

REVERSE SENSING SYSTEM

GRILLE LED LIGHTS, SIREN & SPEAKER PRE-WIRING

NOISE SUPPRESSION BONDS (GROUND STRAPS)

Page 7 of 35 ends

500A $0.00
$50,880.00

$0.00

$1,495.00

$52,375.00
Est City: N/A MPG
Est Highway: N/A MPG
Est Highway Cruising Range: N/A mi

ORDER CODE 500A
Please note selected options override standard equipment

SUBTOTAL

Advert/ Adjustments

Manufacturer Destination Charge

TOTAL PRICE

Any performance-related calculations are offered solely as guidelines. Actual unit performance will depend on your operating conditions.

Page 8 of 35 ends

Standard Equipment

MECHANICAL
Engine: 3.3L V6 Direct-Injection Hybrid System -inc: (136-MPH top speed) Transmission: 10-Speed Automatic

3.73 Axle Ratio
GVWR: 6,840 lbs (3,103 kgs)
50 State Emission System Flexible Fuel Vehicle (FFV) system is standard equipment for vehicles equipped with the 3.3L V6 Direct-Injection engine.

Transmission w/Oil Cooler
Automatic Full-Time All-Wheel
Engine Oil Cooler
80-Amp/Hr 800CCA Maintenance-Free Battery
Hybrid Electric Motor 220 Amp Alternator
Class III Towing Equipment -inc: Hitch
Trailer Wiring Harness
Police/Fire
1670# Maximum Payload
Gas-Pressurized Shock Absorbers
Front And Rear Anti-Roll Bars
Electric Power-Assist Steering
19 Gal. Fuel Tank
Dual Stainless Steel Exhaust
Permanent Locking Hubs
Strut Front Suspension w/Coil Springs
Multi-Link Rear Suspension w/Coil Springs
Regenerative 4-Wheel Disc Brakes w/4-Wheel ABS, Front And Rear Vented Discs, Brake Assist and Hill Hold Control
Lithium Ion Traction Battery

EXTERIOR
Wheels: 18" x 8" 5-Spoke Painted Black Steel -inc: polished stainless steel hub cover and center caps Tires: 255/60R18 AS BSW
Steel Spare Wheel
Spare Tire Mounted Inside Under Cargo
Clearcoat Paint
Body-Colored Front Bumper w/Black Rub Strip/Fascia Accent and 1 Tow Hook Body-Colored Rear Bumper w/Black Rub Strip/Fascia Accent Body-Colored Bodyside Cladding and Black Wheel Well Trim

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Black Side Windows Trim and Black Front Windshield Trim Black Door Handles
Black Power Side Mirrors w/Convex Spotter and Manual Folding Fixed Rear Window w/Fixed Interval Wiper, Heated Wiper Park and Defroster Deep Tinted Glass
Speed Sensitive Variable Intermittent Wipers
Galvanized Steel/Aluminum Panels
Lip Spoiler
Black Grille
Liftgate Rear Cargo Access
Tailgate/Rear Door Lock Included w/Power Door Locks
Auto On/Off Projector Beam Led Low/High Beam Headlamps
LED Brakelights

ENTERTAINMENT
Radio: AM/FM/MP3 Capable -inc: clock, 4-speakers, Bluetooth interface w/hands-free voice command support (compatible w/most Bluetooth connected mobile devices), 1 USB port and 4.2" color LCD screen center stack smart display
Radio w/Seek-Scan, Speed Compensated Volume Control and Steering Wheel Controls Integrated Roof Antenna
1 LCD Monitor In The Front

INTERIOR
8-Way Driver Seat
Passenger Seat
35-30-35 Folding Split-Bench Front Facing Fold Forward Seatback Rear Seat Manual Tilt/Telescoping Steering Column
Gauges -inc: Speedometer, Odometer, Engine Coolant Temp, Tachometer, Engine Hour Meter, Traction Battery Level, Trip Odometer and Trip Computer
Power Rear Windows and Fixed 3rd Row Windows
Fleet Telematics Modem Selective Service Internet Access Remote Releases -Inc: Power Cargo Access
Cruise Control w/Steering Wheel Controls
Dual Zone Front Automatic Air Conditioning
HVAC -inc: Underseat Ducts
Locking Glove Box
Driver Foot Rest
Unique HD Cloth Front Bucket Seats w/Vinyl Rear -inc: reduced bolsters, driver 6-way power track (fore/aft, up/down, tilt w/manual recline, 2-way manual lumbar), passenger 2-way manual track (fore/aft, w/manual recline) and built-in steel intrusion plates in both driver/passenger seatbacks

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Interior Trim -inc: Metal-Look Instrument Panel Insert, Metal-Look Door Panel Insert and Metal-Look Interior Accents
Full Cloth Headliner
Urethane Gear Shifter Material
Day-Night Rearview Mirror
Driver And Passenger Visor Vanity Mirrors
Mini Overhead Console w/Storage and 2 12V DC Power Outlets Front And Rear Map Lights
Fade-To-Off Interior Lighting
Full Vinyl/Rubber Floor Covering
Carpet Floor Trim
Cargo Features -inc: Cargo Tray/Organizer
Cargo Space Lights
Dashboard Storage, Driver And Passenger Door Bins
Power 1st Row Windows w/Driver And Passenger 1-Touch Up/Down Delayed Accessory Power
Power Door Locks
Systems Monitor
Redundant Digital Speedometer
Trip Computer
Analog Appearance
Seats w/Vinyl Back Material
Manual Adjustable Front Head Restraints and Manual Adjustable Rear Head Restraints 2 12V DC Power Outlets
Air Filtration
SAFETY
Electronic Stability Control (ESC) And Roll Stability Control (RSC) ABS And Driveline Traction Control
Side Impact Beams
Dual Stage Driver And Passenger Seat-Mounted Side Airbags Tire Specific Low Tire Pressure Warning
Dual Stage Driver And Passenger Front Airbags
Curtain 1st And 2nd Row Airbags
Airbag Occupancy Sensor
Passenger Knee Airbag
Rear Child Safety Locks
Outboard Front Lap And Shoulder Safety Belts -inc: Rear Center 3 Point, Height Adjusters and Pretensioners
Back-Up Camera w/Washer

Page 11 of 35 ends

Page 12 of 35 ends

091521-NAF
Rev. 3/202
1 1
Solicitation Number: RFP #091521

CONTRACT
This Con
tract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and 72 Hour LLC dba: National Auto Fleet Group, 490 Auto Center Drive, Watsonville, CA 95076 (Supplier).

Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.

Sourcewell issued a public solicitation for Automobiles, SUVs, Vans, and Light Trucks with Related Equipment and Accessories from which Supplier was awarded a contract.

Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities).

1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.

B. EXPIRATION DATE AND EXTENSION. This Contract expires November 8, 2025, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended one additional year upon the request of Sourcewell and written agreement by Supplier.

C. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All rights will cease upon expiration or termination of this Contract.

2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above.

Attachment 2

Page 13 of 35 ends

091521-NAF

Rev. 3/2021 2

Supplier’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.

All Equipment and Products provided under this Contract must be new and the current model.

Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site.

This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.

B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship.

In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Supplier’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that extends beyond the expiration of the Supplier’s warranty will be passed on to the Participating Entity.

C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplier’s authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier’s responsibility to ensure Sourcewell receives the most current information.

3. PRICING

All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier’s Proposal.

When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location.

Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase.

A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Supplier must permit the Equipment and Products to be

Page 14 of 35 ends

091521-NAF

Rev. 3/2021 3

returned within a reasonable time at no cost to Sourcewell or its Participating Entities.

Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity.

Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition.

Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products.

B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid tax- exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity.

C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.

When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.

Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities.

4. PRODUCT AND PRICING CHANGE REQUESTS

Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator.

At a minimum, the request must:

x Identify the applicable Sourcewell contract number;
x Clearly specify the requested change;
x Provide sufficient detail to justify the requested change;

Page 15 of 35 ends

091521-NAF

Rev. 3/2021 4

x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.

A fully executed Sourcewell Price and Product Change Request Form will become an amendment to this Contract and will be incorporated by reference.

5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS

A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities.

The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source.

Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract.

B. PUBLIC FACILITIES. Supplier’s employees may be required to perform work at government- owned facilities, including schools. Supplier’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws.

6. PARTICIPATING ENTITY USE AND PURCHASING

A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell

Page 16 of 35 ends

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contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract.

Supplier’s acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity.

B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entities may require the use of a Participating Addendum; the terms of which will be negotiated directly between the Participating Entity and the Supplier. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract.

C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as e- commerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.

D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following events:

1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or

2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements.

E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase.

7. CUSTOMER SERVICE

A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:

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x Maintenance and management of this Contract;
x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable.

B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, supply issues, customer issues, and any other necessary information.

8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT

A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made).

The Report must contain the following fields:

x Participating Entity Name (e.g., City of Staples Highway Department); x Participating Entity Physical Street Address;
x Participating Entity City;
x Participating Entity State/Province;
x Participating Entity Zip/Postal Code;
x Participating Entity Contact Name;
x Participating Entity Contact Email Address;
x Participating Entity Contact Telephone Number;
x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description;
x Item Purchased Price;
x Sourcewell Administrative Fee Applied; and
x Date Purchase was invoiced/sale was recognized as revenue by Supplier.

B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted price to offset the Administrative Fee.

The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased

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by Participating Entities under this Contract during each calendar quarter. Payments should note the Supplier’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter.

Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.

In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date.

9. AUTHORIZED REPRESENTATIVE

Sourcewell's Authorized Representative is its Chief Procurement Officer.

Supplier’s Authorized Representative is the person named in the Supplier’s Proposal. If Supplier’s Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing.

10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE

A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract.

B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid.

C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties.

D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties.

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E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party.For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern.

F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent.

11. INDEMNITY AND HOLD HARMLESS

Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees incurred by Sourcewell or its Participating Entities, arising out of any act or omission in the performance of this Contract by the Supplier or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. Sourcewell’s responsibility will be governed by the State of Minnesota’s Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law.

12. GOVERNMENT DATA PRACTICES

Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Supplier under this Contract.

13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT

A. INTELLECTUAL PROPERTY

1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and license to use thetrademark(s) provided to Supplier by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Supplier.
b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Supplier’s trademarks in advertising and promotional materials for the purpose of marketing Supplier’s relationship with Sourcewell.

2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers,

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resellers, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees.

3. Use; Quality Control.
a. Neither party may alter the other party’s trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos.
b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s trademarks only in good faith and in a dignified manner consistent with such party’s use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated.

4. As applicable, Supplier agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Supplier in violation of applicable patent or copyright laws.

5. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions.

B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.

C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract.

D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services.

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14. GOVERNING LAW, JURISDICTION, AND VENUE

The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota.

15. FORCE MAJEURE

Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.

16. SEVERABILITY

If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed.

17. PERFORMANCE, DEFAULT, AND REMEDIES

A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:

1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.

2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue.

3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed.

B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default:

1. Nonperformance of contractual requirements, or

2. A material breach of any term or condition of this Contract.

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The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may:

x Exercise any remedy provided by law or equity, or
x Terminate the Contract or any portion thereof, including any orders issued against the Contract.

18. INSURANCE

A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following:

1. Workers’ Compensation and Employer’s Liability.

Workers’ Compensation: As required by any applicable law or regulation.

Employer's Liability Insurance: must be provided in amounts not less than listed below:

Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease

2. Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.

Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products-Completed operations
$2,000,000 general aggregate

3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms

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no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent.

Minimum Limits:
$1,000,000 each accident, combined single limit

4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer’s Liability, Commercial General Liability, and Commercial Automobile.

Minimum Limits:
$2,000,000

5. Network Security and Privacy Liability Insurance. During the term of this Contract, Supplier will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Supplier’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service.

Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate

Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.

B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf.

Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract.

C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Supplier, and products and completed operations of Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is

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primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.

D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.

E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention.

19. COMPLIANCE

A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.

B. LICENSES. Supplier must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier conducts with Sourcewell and Participating Entities.

20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION

Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing.

Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.

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21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER

UNITED STATES FEDERAL AWARDS OR OTHER AWARDS

Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional requirements based on specific funding source terms or conditions. Within this Article, all references to “federal” should be interpreted to mean the United States federal government.

The following list only applies when a Participating Entity accesses Supplier’s Equipment, Products, or Services with United States federal funds.

A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-

1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference.

B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Supplier must be in compliance with all applicable Davis-Bacon Act provisions.

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C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).

Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.

D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.

E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

Supplier certifies that during the term of this Contract will comply with applicable requirements as referenced above.

F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names

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of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.

G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352).

H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.

I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.

J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.

K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Supplier that are directly pertinent to Supplier’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Supplier’s personnel for the purpose of interview and discussion relating to such documents.

L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation

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and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier not use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre-approval.

N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Contract or any purchase by an Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract or any purchase by an authorized user.

O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier’s actions pertaining to this Contract or any purchase by a Participating Entity.

P. FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments.

Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested.

R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S. Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism.

S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it will comply with applicable requirements of 2 C.F.R. § 200.216.

T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322.

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22. CANCELLATION

Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier’s Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation.

Sourcewell 72 Hour LLC dba: National Auto
Fleet Group

By: __________________________ By: __________________________ Jeremy Schwartz Jesse Cooper
Title: Chief Procurement Officer Title: Fleet Manager

Date: ________________________

Approved:

By: __________________________
Chad Coauette
Title: Executive Director/CEO

Date: ________________________

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From: Tim Carr <[email protected]>
Sent: Saturday, September 3, 2022 6:26 PM
To: Obringer, Carlyn <[email protected]>; Birsan, Edi <[email protected]>; McGallian, Tim <[email protected]>; Hoffmeister, Laura <[email protected]>; Aliano, Dominic <[email protected]> Cc: City Clerk <[email protected]>
Subject: Please pull 4G =Ford Police cars with option 99b deletes the Hybrid option

I will not be available to call in Tues. I am out of town. I am hoping one of the Council members pull 4G and discuss this. Tim

The Ford Police interceptor you plan to buy 12 of designator "K8A" comes standard with a V6 engine with a Hybrid motor and battery pack. So the standard Ford Explorer Interceptor is a Hybrid. I was pleased.

Then I read the option package which includes "99B" and which deletes the Hybrid setup. It saves ($2830) from each truck which is a $52,375 vehicle. So worse gas mileage and as police vehicles often sit and idle, even more gasoline is used. The Ford Hybrid design is specifically designed for police use including lots of idling. And the vehicle still has plenty of speed. This option 99b does not improve the vehicle that I can see, it only saves $2800.

Could you please change the order to build these police vehicles without option 99B? I am sure you have noticed the climate change issue and the Governor mandate that future car sales are all electric. I am not asking that you purchase Tesla or some other BEV which should have been considered. I am just asking that we edit the order to help with the pollution issue and save fuel costs by removing 99B.

From attachment 1 quote:
99B

OPTIONS
ENGINE: 3.3L V6 DIRECT-INJECTION (FFV), -inc: (136-MPH top speed), Note:

Deletes
regenerative braking and lithium-ion battery pack; adds 250-Amp alternator, replaces H7 AGM battery
(800 CCA/80-amp) w/H7 SLI battery (730 CCA/80-amp) and replaces 19-gallon tank w/21.4-gallon

($2,830.00)

Brochure on Hybrid Police Interceptor from Ford.

The Ford Police Interceptor® Utility

The Ford Police Interceptor® Utility
The 2020 Ford® Police Interceptor Utility is the first -ever pursuit rated hybrid police SUV. Featuring improveme...

Tim Carr [email protected]
Sun Terrace resident

Benched Correspondence
Agenda Item No. 4.g
September 6, 2022

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Memorandum

Date: September 6, 2022

To: City Council, City of Concord

From: Craig Blythe, Administrative Services Manager
Department of Public Works

Subject: It em 4G – Benched Correspondence

Hybrid
Hybrid technology in the Police Interceptor was introduced in 2020 and is relatively new.

In 2020 the City purchased two hybrid vehicles to be used for Investigations and Administration. There are no hybrid vehicles in operation for patrol operations. Due to differences in vehicle operation and cost, the hybrid Police Interceptor is not recommended for patrol operations.

The Concord Police Department consistently builds each Police Interceptor patrol vehicle the same to ensure like driving experience and functionality for officers. Vehicle operation, engine performance and braking, dashboard gauges, equipment storage are some examples of consistency across patrol vehicles. Concord Police Officers train at the Emergency Vehicle Operations Course in full gas powered Police Interceptors.

Functions like braking and acceleration are unique to the hybrid power plant and are different from full gas vehicles. Hybrid vehicles act and respond differently adding inconsistency across the fleet of patrol vehicles.

The hybrid vehicles cost more. Base MSRP with no options for a hybrid is $48,660 or $2,830 more than a full gas powered Police Interceptor. Although some studies suggest there is a cost savings as a result of reduced idle times, Concord gas powered Police Interceptors are equipped with a device that allows the engine to be shut off and automatically restarted when the battery needs to be charged.

Due to consistency of operation and cost, Staff does not recommend the purchase of hybrid vehicles for Patrol Operations. Staff does intend to consider hybrid options for use in Investigations and Administration vehicles.

Electric
Although a full electric vehicle intended for police operations does not exist, there have been jurisdictions who have introduced one or two full electric vehicles to their fleet.

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Equipment needed to upfit these vehicles is not widely available and requires a modified upfit that omits the installation of a light bar and results in oddly placed electronics needed to support police operations. Initial successes include reduced fuel costs, maintenance costs, and reduced downtime. However, these initial reports appear to only highlight successes with no objective reviews currently available. Additional information on staff training needs, consistent upfit, Police Officer experience, and infrastructure improvements needed to support 24/7 police operations is not readily available.

City of Concord does have electric vehicles available in the City fleet. We currently have 10 electric vehicles used across Police Department Code Enforcement, Public Works, Engineering, and the City pool vehicle program.

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1 Blythe, Craig
From: National Auto Fleet Group <[email protected]> Sent: Tuesday, September 6, 2022 7:56 AM
To: Blythe, Craig
Subject: 2023 Ford Police Interceptor Utility Cutoff Date is 9/9/22 “EXTERNAL EMAIL: This email originated from outside of the organization. Do not follow guidance, click links, or open attachments unless you recognize the sender and know the content is safe.”

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