Concord City Council
September 27, 2022

1 COUNCILMEMBERS
Dominic D. Aliano, Mayor
Laura M. Hoffmeister, Vice Mayor
Edi E. Birsan
Timothy A. McGallian
Carlyn S. Obringer
Civic Center
1950 Parkside Drive
Concord, CA 94519
www.cityofconcord.org
Regular Meeting of the
Concord City Council
Tuesday,
September 27, 2022
5:30 p.m. - Closed Session
6:30 p.m. - Open Session
Closed Session: City
Council Conference
Room
1950 Parkside Drive
Open Session: Council
Chamber
1950 Parkside Drive
and Various
telephonic/electronic
locations
NOTICE: The Closed Session portion of the meeting agenda will be held in person only in the City Council Conference Room, 1950 Parkside Drive. Public Comment for the Closed Session item will be taken in person only when the Closed Session begins at 5:30 p.m.

Members of the City Council, City staff/consultants, and the public will be able to participate in the Open Session either inperson or remotely via Zoom.

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. 2 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
 For meeting interpretation from English to Spanish during the meeting, please join the meeting Zoom webinar by following THIS LINK
 Para traducción de Ingles a Español durante esta junta, por favor entre a la junta de Zoom usando ESTE ENLACE
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/82358471029?pwd=ZWVOWjAvV1pha0RkZFQ2N01WVTV3dz09 o Webinar ID: 823 5847 1029
o Passcode: 652890
o By phone: US: +1 669 900 6833 or +1 346 348 7799 or 1 253 215 8782 3  Speakers will be asked to provide their name and city of residence, although providing this is not required for participation.
 Each speaker will be afforded up to 3 minutes to speak.  Speakers will be muted until their opportunity to provide public comment.  When called upon to speak, speakers will be promoted to panelists so they have the ability to turn on their cameras so they are visible to the Council and public.

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

1. OPENING
Roll Call

2. CLOSED SESSION
The public is entitled to address the City Council on Closed Session items appearing on the agenda before the City Council’s consideration of the items. Each speaker will be limited to approximately three minutes per Closed Session agenda item.
a. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54957.6
Agency designated representatives: Valerie Barone, City Manager; Jasmin Loi, Director of Human Resources; Karan Reid, Director of Finance; Lisa Charbonneau, Esq., Liebert Cassidy Whitmore
Employee organizations: Peace Officer Representation Unit of Concord Police Officers Association; and Police Managerial Representation Unit of Police Managers’ Association

3. RECESS TO OPEN SESSION

OPEN SESSION

4. OPENING
Roll Call
Pledge of Allegiance – Vice Mayor Hoffmeister

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

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

6. PRESENTATION
The public is entitled to address the City Council on items appearing on the agenda before or during the City Council’s consideration of that item. Each speaker will be limited to approximately three minutes. Please see “How to Submit Public Comments” above. 5 a. Presentation – by Chief of Police Mark Bustillos on the Police Department's use of Unmanned Aircraft Systems (UAS/drones). Introduction by Mayor Aliano.

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

If a request for removal of an item from the Consent Calendar has been received, the Mayor may defer action on the particular item and place the same on the regular agenda for consideration in any order s/he deems appropriate. Please see “How to Submit Public Comments” above. a. Considering – adoption of a Resolution accepting and appropriating grant funding from the California Office of Traffic Safety (OTS) in the amount of $175,000 for the City’s Selective Traffic Enforcement Program.

Recommended by the Chief of Police.
b. Considering – approval of a 24-month Services Agreement with Peregrine Technologies for data integration services and electronic court case filing, with the option to renew for one additional 24-month term, in a total amount not to exceed $1,099,400 over four years, including a 15% contingency, and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney. (General Fund) Recommended by the Chief of Police.

CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(3), and/or 15378. c. Considering – adoption of a Resolution accepting the Fiscal Year 2021/22 Consolidated Annual Performance and Evaluation Report (CAPER) and authorizing the City Manager or designee to submit, on behalf of the City of Concord, the CAPER, consistent with the program rules which govern the Community Development Block Grant (CDBG) Program as required by the U.S. Department of Housing and Urban Development (HUD) Recommended by the Director of Community Development.

CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b), 15378, and/or Public Resources Code Section 21065. d. Considering – approval of the First Amendment to the Professional Services Agreement with Gary D. Nelson Associates, Inc. for administrative staff services in the City Clerk's Division in the amount of $60,000 for a not to exceed amount of $80,000 and authorizing the City Manager to execute the amendment in a form acceptable to the City Attorney. (General Fund) Recommended by the City Clerk.
6 e. Considering – acceptance and appropriation of $3,800,000 Affordable Housing and Sustainable Communities (AHSC) Program Grant funds from the California Strategic Growth Council (SGC) for the Downtown Corridors Bicycle and Pedestrian Improvements Project (Project No. 2424) (Fund 402); and Authorize the City Manager to sign documents as necessary or desirable pertaining to the grant, subject to City Attorney approval Recommended by the Director of Community Development.

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

8. CITY COUNCIL CONSIDERATION ITEMS
The public is entitled to address the City Council on items appearing on the agenda before or during the City Council’s consideration of that item. Each speaker will be limited to approximately three minutes. Please see “How to Submit Public Comments” above. a. Considering – a presentation on recommendations from the Council Ad Hoc Committee for the American Rescue Plan Act Investment Plan and providing direction to staff on next steps. Report by Justin Ezell, Assistant City Manager.
b. Considering – appointment of one member to the Planning Commission for a term ending February 28, 2023, by ballot vote. Report by Joelle Fockler, City Clerk.

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

After the public has commented, the item is closed to further public comment and brought to the Council level for discussion and action. Further comment from the audience will not be received unless requested by the Council. No public hearing shall commence after 10 p.m. unless approved by majority vote of the City Council. Please see “How to Submit Public Comments” above. a. Considering – the following actions:
1) Adoption of a Resolution approving an Administrative Permit, Minor Exception, and Design and Site Review for a cannabis storefront and delivery retail business (Authentic Concord (dba “Stiiizy”)) at 1045 Galaxy Way, APN 126-325-004 (PL21153 – AA, ME, DA, DR), and
2) Introduction of an Ordinance approving and adopting a Development Agreement by and between the City of Concord and Authentic Concord, LLC (dba “Stiiizy”)regarding the development of a cannabis storefront and delivery retail business located at 1045 Galaxy Way, Assessor’s Parcel Number 126- 325-004 (PL21153 – AA, ME, DA, DR) by reading of the title only and waving further reading. Report by Lorna Villa, Associate Planner.

CEQA: Exempt pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) – Common Sense Exemption. 7 b. Considering – introduction of an Ordinance to repeal Urgency Ordinance No. 20-5, which approved the Concord Forward Action Plan and authorized the temporary suspension of enforcement of certain Concord Municipal Code provisions and temporary waiver of certain fees in the Master Fees and Charges Schedule (Resolution No. 78-6042) by reading of the title only and waiving further reading. Report by Robert Carrera, Economic Development Specialist.

Not a project/exempt pursuant to Public Resources Code 21065, Guidelines Sections 15060(c), 15061(b)(3), 15304, 15311, and/or 15378.

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

11. REPORTS AND ANNOUNCEMENTS
Closed Session Announcements
City Manager or Staff Reports
Council Reports

12. ADJOURNMENT
Next Meeting: Regular Meeting
Date: 10/4/2022 6:30 p.m.

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

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

From: Charlie Brinkman <[email protected]>
Sent: Friday, September 23, 2022 11:54 AM
To: City Clerk <[email protected]>
Subject: Public Comment
While bike riding earlier this week( 9/19/22) it was encouraging to see Concord Police Officers working with the East Bay Regional Park District Rangers, on the Iron Horse Trail, cleaning out an area along the trail that is a frequent habitat for unsavory characters. Additionally, I was happy to see that there was a police presence on the Bart Linear Park Trail; in an area that is fast becoming a homeless city of sometimes aggressive occupants, and a trash dump.

The section of Walnut Creek from Marsh Drive to Monument Boulevard has become an urban dump; spotted with numerous transient campsites, trash and garbage of every description, and stolen shopping carts. The Concord Avenue underpass (parallel to the Iron Horse Trail bridge) houses transients, trash, and obviously stolen shopping carts; even a large luggage cart from the nearby Hilton Hotel.

These are difficult times for many people, but there is no excuse for the trash, garbage, and unsanitary blight on our urban landscape.

I would invite the city council to walk or ride the areas mentioned and come up with a solution to address the issue.

Charles Brinkman
Concord
Agenda Item No. 5.a
Written Correspondence Received
September 27, 2022

5.a

CONCORD POLICE
sUAS PROGRAM UPDATE

KEVIN HALM - PROVISIONAL LIEUTENANT

OLLIE SANSEN - SUAS TEAM SUPERVISOR
AUGUST 23 RD, 2022
1 6.a

EQUIPMENT RECAP
* (3) AUTEL EVO 2 w/COMMAND KIT (Exterior search)
* (2) BRINC LEMUR’s (interior search drones)
* (2) Loki II (interior search drones)
* (1) Tiny Hawk 3 (practice/interior drone)
2

PILOTS
* (1) Supervisor (who is also Part 107 certified)
* (11) Active/Fully trained Part 107 pilots (Basic/Advanced and Night flight certified through LACRTC)
3

DEPLOYMENTS
37 total Law
Enforcement related
deployments since the
program went live in
March.
33 Law Enforcement
purposes.
4 Search and Rescue
4D5555545

DEPLOYMENT TYPES
* SEARCHING FOR WANTED SUBJECTS
* SEARCHING A RESIDENCE AFTER A BUGLARY
* PHOTOGRAPH EVIDENCE / COLLISION SCENES
* ELEMENTARY SCHOOL BOMB THREAT
* SEARCH AND RESCUE
5

Monthly Stats
6

ACTUAL FOOTAGE
7

Questions?
8

Staff Report
Date: September 27, 2022
To: City Council
From: Valerie Barone, City Manager
Reviewed by: Mark Bustillos, Chief of Police
Prepared by: Murtazah Ghaznawi, Prov. Sgt., Traffic Division/Special Events [email protected]
(925) 603-5931
Subject: Considering adoption of a Resolution accepting and appropriating grant funding from the California Office of Traffic Safety (OTS) in the amount of $175,000 for the City’s Selective Traffic Enforcement Program.

Report in Brief
The Concord Police Department has been approved for grant funds from the State of California Office of Traffic Safety (OTS) in the amount of $175,000 as part of a Selective Traffic Enforcement Program. The funds will be used for conducting selective traffic enforcement operations in the City of Concord from October 1, 2022, through September 30, 2023. The approved funds will be administered by the Police Department Traffic Bureau.

Recommended Action
Adopt a Resolution (attached) accepting and appropriating grant funding from the California Office of Traffic Safety (OTS) in the amount of $175,000 for the City’s Selective Traffic Enforcement Program.

Background
The City of Concord continues to experience a significant number of vehicle traffic collisions, alcohol involved fatal and injury traffic collisions, and traffic collisions involving pedestrians.

Between October 1, 2021, and September 30, 2022, the Concord Police Department Traffic Bureau used previous OTS grant funding to conduct one DUI checkpoint (one more to be completed on August 26, 2022), six DUI Saturation Patrols (four more to be completed prior to October 1, 2022), five Speed/Primary Collision Factor (PCF) enforcement patrols, one

7.a

City Council Agenda Report
Agenda Item No. 7.a
September 27, 2022
Distracted Driving enforcement operation (one more to be completed prior to October 1, 2022), one Motorcycle Safety enforcement operation, one Bicycle/Pedestrian enforcement operation (to be completed prior to October 1, 2022), and six Traffic Safety Education presentations. Because of the OTS grant monies for DUI operations to date, 12 drivers were arrested for DUI, two sworn employees completed Standardized Field Sobriety Testing certified training, and one sworn employee completed Drug Recognition Expert recertification.

Analysis
The OTS grant funds will be used to pay for all personnel and related material costs associated with the grant objectives during the period of October 1, 2022 to September 30, 2023, and will be used for the following purposes:
 To send three law enforcement personnel to the National Highway Traffic Safety Administration (NHTSA) Standardized Field Sobriety Testing (SFST), complying with Police Officer Standards and Training (POST) - certified training;  To send two law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving Enforcement (ARIDE), POST- certified training;  To send one law enforcement personnel to the Drug Recognition Expert (DRE) training;
 To send one law enforcement personnel to the DRE Recertification training;  To send two law enforcement personnel to SFST Instructor training;  To conduct three DUI checkpoints;
 To conduct eleven DUI Saturation Patrol operations;
 To conduct six Traffic Enforcement operations, including but not limited to PCF;  To conduct three Distracted Driving enforcement operations targeting drivers using hand held cell phones and texting;
 To conduct one Motorcycle Safety enforcement operation;  To conduct two Bicycle/Pedestrian Safety enforcement operation in identified areas of high bicycle and pedestrian traffic;
 To conduct two Traffic Safety Educational presentations;  To conduct specialized enforcement operations focusing specifically on street racing and sideshows;
 To conduct four collaborative DUI Enforcement operations; and  To conduct four collaborative Traffic Enforcement operations.

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

City Council Agenda Report
Agenda Item No. 7.a
September 27, 2022
Public Contact
The City Council Agenda was posted.

Attachment

1. Resolution Accepting OTS Grant Funds

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 Office of Traffic Safety
(OTS) in the Amount of $175,000 for the City’s
Selective Traffic Enforcement Program
Resolution No. 22-XX
/
WHEREAS, the Office of Traffic Safety (OTS) approved grant funds to the Concord Police Department in the amount of $175,000 as part of a Selective Traffic Enforcement Program; and WHEREAS, the funds will be used for conducting selective traffic enforcement operations in the City of Concord during the period of October 1, 2022, to September 30, 2023; and WHEREAS, the appropriation of these funds and approval for conducting selective traffic enforcement operations amends the Police Department Operating Budget for Fiscal Year 2022-23; and WHEREAS, the Chief of Police has recommended acceptance of the California Office of the California Office of Traffic Safety grant funds in the amount of $175,000 for the Concord Police Department’s Selective Traffic Enforcement Program to enhance public safety.

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

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

Section 2. Authorize the appropriation and use of these funds for expenditure on the Selective Traffic Enforcement Program thereby amending the Police Department Operating Budget for Fiscal Year 2022-2023.

Section 3. This resolution shall become effective immediately upon its passage and adoption. //
//
//
//
//
Attachment 1

Res No. 22-XX 2
PASSED AND ADOPTED by the City Council of the City of Concord on, 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 27, 2022.

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney

Staff Report
Date: September 27, 2022
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Greg Taylor, Director of Information Technology Prepared by: Tasveer Dhillon, Corporal, Concord Police Department [email protected]
(925) 671-3220
Subject: Considering approval of a 24-month Services Agreement with Peregrine Technologies for data integration services and electronic court case filing, with the option to renew for one additional 24-month term, in a total amount not to exceed $1,099,400 over four years, including a 15% contingency, and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney. (General Fund)
CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c),
15061(b)(3), and/or 15378.

Report in Brief
The City of Concord seeks to enter into an agreement with Peregrine Technologies to provide a public safety data integration service with electronic court case filing.

Peregrine’s hosted system will consolidate a broad range of current and evolving police technologies into one portal, enabling real time analysis of pertinent data and resulting in more efficient use of police resources.

Peregrine offers a centralized platform that connects a variety of Concord Police Department data systems and presents the results in a single comprehensive dashboard. These systems include, but are not limited to, Mark43 CAD/RMS, Axon Body Worn Cameras, Public Safety Mapping, and the coming Flock License Plate Reader system. With this new data integration, police staff will be able to immediately

7.b

City Council Agenda Report
Agenda Item No. 7.b
September 27, 2022
surface and identify actionable information to conduct investigations, electronically file court cases, and ultimately solve and prevent crime in Concord.

The cost for the hosted system with data integration services and electronic court case filing is $549,700 for a two-year contract, including a 15% contingency. The City also requests the option to renew for one additional two-year term for a total not to exceed amount of $1,099,400 for 4 years, including a 15% contingency. All funds were identified and approved by City Council on June 28th, 2022 in CIP 2641: License Plate Reader Camera System and Database Integrator.

Recommended Action
Authorize the City Manager to approve a 24-month Services Agreement with Peregrine Technologies for data integration services and electronic court case filing, with the option to renew for one additional 24-month term, in a total amount not to exceed $1,099,400 for four years, including a 15% contingency; and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney.

Background
The Concord Police Department currently uses multiple data systems for its daily operations. The majority of these systems are not linked and require a significant amount of time and effort to cross analyze case-related data, effectively investigate crime trends, and present prosecutable cases to the District Attorney’s Office.

Analysis
Peregrine Technologies provides a one-stop solution to data integration through their proprietary software that allows personnel to access multiple databases through one useful, actionable, portal. Peregrine will integrate new and archived Computer Aided Dispatch (CAD) data, new and archived Records Management Systems (RMS) data, traffic accident diagrams and reporting, mapping information, body and dash camera footage, automatic license plate reader information (to include the new Flock License Plate Reader system once online), and many other Public Safety data sources. This will create a comprehensive dashboard to easily gain immediate, real-time, access to virtually all of Concord’s Public Safety information.

Currently, the process of critically analyzing data and producing meaningful reports is primarily done manually. This is extremely inefficient and costly. Peregrine Technologies provides a powerful, unique solution that allows for intelligent analysis and reporting capabilities across all platforms and applications currently utilized by the Police Department. Peregrine does not create or bring any new data to the city, but rather utilizes data from systems the City owns and makes it quickly functional.

In addition to significant improvements to police operations, the system will also act as a workforce multiplier by creating operational efficiencies, most significantly by facilitating electronic court case filing to the Contra Costa County’s District Attorney. This is now a

City Council Agenda Report
Agenda Item No. 7.b
September 27, 2022
cumbersome manual process involving many individuals in various roles preparing and packaging all of the expected materials. These materials are then physically transported from Concord to Martinez. The process takes, on average, over 5 hours per case. At 25 cases per week, Peregrine’s system will reallocate over $300,000 worth of staff hours per year towards other public safety needs.

The cost for Peregrine Technologies’ hosted system with data integration services and electronic court case filing is $549,700 for a two-year contract, including a 15% contingency. The City also requests the option to renew for one additional two-year term for a total not to exceed amount of $1,099,400 for 4 years, including a 15% contingency.

All funds were identified and approved by City Council on June 28th, 2022 in CIP 2641:

License Plate Reader Camera System and Database Integrator.

Procurement Process
Pursuant to Municipal Code-Title 3 Revenue and Finance-Chapter 3.10 Purchasing, bidding regulations may be waived when there is only one verified vendor for the product or service. Peregrine Technologies’ system offers a centralized hosted platform that connects via proprietary integrations to Concord Police Department’s existing data systems. Peregrine’s proprietary integrations are California Justice Information System (CJIS) compliant and allows Concord to model, sort, visualize, and report on existing data in unique methods as well as enable electronic court case filing. Based on research by a staff selection team this specialized proprietary technology is optimal and best meets the needs of the City.

Financial Impact
There is no additional fiscal impact associated with this action as all necessary funding has been previously budgeted and approved in CIP project #2641: License Plate Reader Camera System and Database Integrator.

Public Contact
The City Council Agenda was posted.

Staff Report
Date: September 27, 2022
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kevin Marstall, Director of Community Development Prepared by: Brenda Kain, Housing Manager
[email protected]
(925) 671-3088
Subject: Considering adoption of a Resolution accepting the Fiscal Year 2021/22 Consolidated Annual Performance and
Evaluation Report (CAPER) and authorizing the City Manager or designee to submit, on behalf of the City of Concord, the CAPER, consistent with the program rules which govern the Community Development Block Grant (CDBG) Program as
required by the U.S. Department of Housing and Urban
Development (HUD)
CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b), 15378, and/or Public Resources Code Section 21065.

Report in Brief
This staff report forwards to the City Council for review and approval the Draft Fiscal Year 2021/22 Consolidated Annual Performance and Evaluation Report (CAPER). The CAPER is required annually by the Federal government from those jurisdictions that receive Community Development Block Grant (CDBG) funding and documents how well the City has done in meeting its goals for helping low- and moderate-income residents of Concord with the federal funding distributed under the CDBG program.

Recommended Action
Adopt a Resolution (Attachment 1) accepting the Fiscal Year 2021/22 Consolidated Annual Performance and Evaluation Report (CAPER - Exhibit A) and authorizing the City Manager or designee to submit, on behalf of the City of Concord, the CAPER,

7.c

City Council Agenda Report
Agenda Item No. 7.c
September 27, 2022
2 consistent with the program rules which govern the Community Development Block Grant (CDBG) Program as required by the U.S. Department of Housing and Urban Development (HUD).

Background
The Housing and Community Development Act of 1974 requires that all Community Development Block Grant (CDBG) Program entitlement jurisdictions submit three documents: the five-year Consolidated Plan, the annual Action Plan and the Consolidated Annual Performance and Evaluation Report (CAPER).

The Consolidated Plan encompasses all of Contra Costa County and is a joint document produced by all members of the Contra Costa Consortium (Contra Costa Urban County, plus the cities of Antioch, Concord, Pittsburg, and Walnut Creek). It details how CDBG funds will be expended over a five-year period to meet the priority housing and community development needs of the City and County. The current plan covers the years 2020/25.

The Action Plan details how the City will allocate CDBG funds to local agencies to provide a variety of public services programs, housing, capital improvement, and other projects that improve the quality of life for Concord’s most at-risk residents.

The CAPER is a report card that documents how well the City has met its goals for helping low to moderate-income residents of Concord with federal funding distributed under the CDBG program. The overall goal of the program is to develop viable urban communities by providing decent housing, a suitable living environment and expanding economic opportunities for those residents most at risk. The CAPER provides the City and interested stakeholders with an opportunity to evaluate the progress Concord has made in carrying out priorities and objectives contained in the City's five-year Consolidated Plan and annual Action Plan.

Analysis
The City identified a number of high priorities for FY 2021/22 and made excellent progress in meeting the objectives and goals submitted in the FY 2020/25 Consolidated Plan. CDBG-funded Public Service projects provided a wide range of social services and assistance to more than 25,000 Concord residents and households. A variety of local agencies provided services including emergency shelter for victims of domestic violence, fair housing and tenant/landlord activities, services for abused and neglected children, food and case management assistance for seniors and other special needs populations, rental assistance to prevent homelessness, food for low-income families and services to assist individuals experiencing homelessness. Concord continues to focus on outcome-based performance measurements to ensure that needed services are delivered and that the results can be easily quantified.

City Council Agenda Report
Agenda Item No. 7.c
September 27, 2022
3 Between June and December 2020, the City allocated a total of $919,352 in Community Development Block Grant – Coronavirus (CDBG-CV) funds for emergency rental assistance to low-income tenants impacted by the COVID-19 pandemic. However, in January 2021, the State launched an Emergency Rental Assistance Program (ERAP) that mirrored the City’s program but ultimately covered up to 100% of a tenant’s back due rent. Concord’s program, which was contracted to Shelter, Inc., was put on hold temporarily as applicants were assisted with applying to the State program. This allowed the City to preserve its CDBG-CV funds for use when State funds were no longer available. The State program sunset on March 31, 2022, and the City’s program was reactivated, serving 36 Concord tenant households between April 1 and June 30, 2022.

The City also provided $245,000 to ECHO Housing/Centro Legal de la Raza to provide tenant/landlord counseling/mediation and legal services to tenants. Many tenants were protected under eviction moratoriums and while applying to the State for ERAP assistance. From July 1, 2021, to June 30, 2022, 152 Concord tenants received counseling or mediation services, with 23 receiving legal services.

Many local service providers were impacted by the COVID-19 pandemic and most programs were not able to continue services on location for most of the last two funding years. HUD approved the use of CDBG funds for payment of staff and program expenses regardless of whether services were provided on location or remotely. In the face of unanticipated challenges, staff from funded programs continued to provide critically needed services and goals for the year were met in spite of the crisis, with many agencies exceeding their goals.

A special effort has been made in the FY 2020/25 Consolidated Plan to help preserve affordable housing and maintain Concord’s older housing stock. Through the Housing Rehabilitation Loan and Grant Program the City provides emergency repair grants and loans to income-qualified homeowners. The City was able to provide twelve grants to low-income homeowners for emergency repairs and correction of health and safety code issues, including roof repair, electrical and plumbing upgrades and accessibility improvements such as ramps and grab bars. Eleven of these homeowners were elderly and nine were disabled. The program did not reach the goal of serving 20 homeowners due to COVID impacts and restrictions, as well as a shortage of contractors willing to bid on these small projects.

The City provided funds for Economic Development with the goal of reducing the number of persons with incomes below the poverty level, expanding economic opportunities for low-income residents, and increasing the viability of neighborhood commercial areas. Monument Impact received CDBG funds for the Business Support program, and assisted 12 low-income owners of existing and emerging businesses in achieving self-sufficiency by securing a business license. Opportunity Junction also

City Council Agenda Report
Agenda Item No. 7.c
September 27, 2022
4 received funds for the Healthcare Career Pathway program. This program trains lowincome job seekers to enter the healthcare field as Certified Nursing Assistants and secures job placement through contracts with local skilled nursing facilities. Ten Concord residents received training and were hired in local facilities.

CoCoKids, formerly the Child Care Council, received Child Care Developer Fees (CCDF) and provided microenterprise assistance to 22 very low-, low, and moderateincome Concord residents who want to maintain or start stable small businesses as licensed home-based family childcare providers.

For FY 2021/22, Youth Services in Concord were funded through Child Care Developer Fees. Funds were provided to the Mt. Diablo School District CARES After School Program, which provided after school supervision to 1,446 students at five elementary and two middle schools in predominately low-income areas. Activities include homework assistance, arts and crafts, and sports, with healthy snacks being provided.

CCDF was also allocated to the Bay Area Crisis Nursery to provide emergency shelter to 52 children from infant to age five whose parents are in crisis.

CDBG infrastructure funds were provided for the construction of thirty-two curb ramps as part of the ADA Transition Plan, providing increased mobility and accessibility to elderly and disabled residents.

Financial Impact
The City of Concord allocated $1,359,360 in grant funding from Community Development Block Grant (CDBG), Child Care Developer Fees (CCDF), Revolving Loan Funds (RLF) and Program Income in the form of interest earned on loans repaid to the CDBG account. There were no General Fund monies allocated.

Public Contact
The City Council Agenda was posted.

Attachment

1. Resolution accepting the Fiscal Year 2021/22 Consolidated Annual Performance and Evaluation Report (CAPER) with Exhibit A: FY 2021/22 CAPER

Res. No. xx-xx 1

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Accepting the FY2021/22 Consolidated
Annual Performance and Evaluation Report
(CAPER) and Authorizing the City Manager or
Designee to Submit, on Behalf of the City of Concord,
the CAPER, Consistent with the Program Rules
which Govern the Community Development
Block Grant (CDBG) Program as required by the
U.S. Department of Housing and Urban Development
(HUD)
Resolution No. 22-XX
/
WHEREAS, the City of Concord has been designated by the U.S. Department of Housing and Urban Development (HUD) as a community entitled to receive, by allocation, Community Development Block Grant (CDBG) funds to help develop viable urban communities through providing decent housing, a suitable living environment, and economic opportunity for lower income residents; and
WHEREAS, as a condition of funding, HUD requires recipient jurisdictions to prepare a one year Consolidated Annual Performance and Evaluation Report (CAPER) as a subsidiary document to the Consolidated Plan, to report on how well the City has met its goals for helping low to moderateincome residents of Concord with federal funding distributed under the Community Development Block Grant (CDBG) program; and
WHEREAS, the City of Concord allocated funds in the amount of $1,359,360 for Fiscal Year 2021/22; and
WHEREAS, the City of Concord, consistent with HUD’s program rules on eligibility, allocated all CDBG funds to a number of programs, activities and projects in support of HUD’s National Objectives to primarily benefit low and moderate-income persons, or serve to arrest or minimize the effects of slums or blight, or provide for urgent needs; and

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

Section 1. That Council action on this item is not a project/exempt per CEQA Guidelines Attachment 1

Res. No. xx-xx 2
Sections 15060(c), 15061(b), 15378, and/or Public Resources Code Section 21065.

Section 2. That the City hereby determines that it is appropriate to submit its FY 2021/22 oneyear Consolidated Annual Performance and Evaluation Report (CAPER) to the U.S. Department of Housing and Urban Development (HUD), detailing the City’s progress in serving Concord’s low to moderate income residents, in accordance with the priorities outlined in the 2020/25 Contra Costa HOME Consortium Consolidated Plan and in support of HUD’s national objectives.

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

PASSED AND ADOPTED by the City Council of the City of Concord on September 27, 2022, by the following vote:

PASSED AND ADOPTED by the City Council of the City of Concord on June 28, 2022, by the following vote:

AYES: Councilmembers -
NOES: Councilmembers -
ABSTAIN: Councilmembers -
ABSENT: Councilmembers -
I HEREBY CERTIFY that the foregoing Resolution No. 22-XX was duly and regularly adopted at a regular joint meeting of the City Council of the City of Concord on June 27, 2022.

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney
Attachment: Exhibit A: City of Concord FY2021/22 CAPER

CAPER 1
OMB Control No: 2506-0117 (exp. 09/30/2021)
City of Concord
FY 2021/22 Consolidated Annual Performance and Evaluation Report (CAPER) CR-05 - Goals and Outcomes
Progress the jurisdiction has made in carrying out its strategic plan and its action plan. 91.520(a) The City has made significant progress in meeting the goals and objectives contained in the 2020/25 Consolidated Plan. CDBG-funded projects provided a wide range of social services and assistance to more than 25,000 residents and households, including the homeless, mentally and physically disabled, seniors, victims of domestic violence, and other special needs populations. Concord continues to focus on outcome-based performance measurements as a means to ensure that needed services are delivered and that the results can be easily quantified. The City is currently completing the first year of the 2020/25 Consolidated Plan period and anticipates meeting or exceeding every goal/objective.

Funding for the City’s ADA Transition Plan provided curb and sidewalk improvements that removed barriers that restrict mobility and accessibility of elderly or disabled persons. The City installed 26 curb ramps, providing mobility impaired residents and visitors new and safer access to local services and businesses.

The City’s Housing Rehabilitation Loan and Grant Program provided twelve grants to low-income homeowners for needed repairs and improvements. Eleven of the homeowners were elderly, five were disabled and eleven were low- to extremely-low income. Needed repairs included roof replacement, plumbing repairs, sewer replacement, water heaters and accessibility features such as ramps, handrails, grab bars and step-in showers.

The City provided funding for Economic Development programs. Low-income existing and emerging small businesses were assisted with business plan development, financial planning and applying for business licenses, allowing them to achieve self-sufficiency by starting or growing a micro-enterprise. The City also funded a Certified Nursing Assistant (CNA) training program to help participants earn certification and build a foundation for a sustainable career in healthcare services. The program combines technical training with life skills, case management, career skills, job placement, and long-term follow-up. These programs will help to provide jobs to lowincome residents in the City now and in the future.

Exhibit A

CAPER 2
OMB Control No: 2506-0117 (exp. 09/30/2021)
Comparison of the proposed versus actual outcomes for each outcome measure submitted with the consolidated plan and explain, if applicable, why progress was not made toward meeting goals and objectives. 91.520(g) Categories, priority levels, funding sources and amounts, outcomes/objectives, goal outcome indicators, units of measure, targets, actual outcomes/outputs, and percentage completed for each of the grantee’s program year goals.

Goal Category Source /
Amount
Indicator Unit of
Measure
Expected
–
Strategic
Plan
Actual –
Strategic
Plan
Percent
Complete
Expected
–
Program
Year
Actual –
Program
Year
Percent
Complete
AH-1 Existing
Housing Stock
Affordable
Housing
CDBG
Revolving
Loan
Fund
Homeowner Housing
Rehabilitated
Household
Housing
Unit
125 32

25.60%
25 12

48.00%
CD-1 General Public
Services
Non-Housing
Community
Development
CDBG
Public service
activities other than
Low/Moderate
Income Housing
Benefit
Persons
Assisted
45000 28882

64.18%
8600 13430
156.16%
CD-2 Non-Homeless
Special Needs
Population
Non-Homeless
Special Needs
CDBG
Public service
activities other than
Low/Moderate
Income Housing
Benefit
Persons
Assisted
7500 2982

39.76%
900 1584
176.00%
CD-3 Youth
Child Care
Developer
Fees
Public service
activities other than
Low/Moderate
Income Housing
Benefit
Persons
Assisted
4500 2707

60.16%
1300 1498
115.23%

CAPER 3
OMB Control No: 2506-0117 (exp. 09/30/2021)
CD-4 Fair Housing
Non-Housing
Community
Development
CDBG
Public service
activities other than
Low/Moderate
Income Housing
Benefit
Persons
Assisted
125 69

55.20%
25 35
140.00%
CD-5 Economic
Development
Non-Housing
Community
Development
CDBG Jobs created/retained Jobs 20 15

75.00%
5 10
200.00%
CD-5 Economic
Development
Non-Housing
Community
Development
CDBG /
Child Care
Developer
Fees
Businesses assisted
Businesses
Assisted
50 62
124.00%
30 34
113.33%
CD-6
Infrastructure/Public
Facilities
Non-Housing
Community
Development
CDBG
Public Facility or
Infrastructure
Activities other than
Low/Moderate
Income Housing
Benefit
Persons
Assisted
40000 16000

40.00%
8000 8000
100.00%
CD-7 Administration Administration
CDBG /
Child Care
Developer
Fees
Other Other 1 1
100.00%
1 0

0.00%
H-1 Emergency
Shelter and
Homeless Related
Svcs
Homeless CDBG
Public service
activities other than
Low/Moderate
Income Housing
Benefit
Persons
Assisted
100 1695
1,695.00%
100 954
954.00%

CAPER 4
OMB Control No: 2506-0117 (exp. 09/30/2021)
H-1 Emergency
Shelter and
Homeless Related
Svcs
Homeless
Overnight/Emergency
Shelter/Transitional
Housing Beds added
Beds 0
Table 1 - Accomplishments – Program Year & Strategic Plan to Date Assess how the jurisdiction’s use of funds, particularly CDBG, addresses the priorities and specific objectives identified in the plan, giving special attention to the highest priority activities identified.

The City identified a number of high priorities for FY 2021/22 and made excellent progress in meeting the objectives and goals submitted in the FY 2020/25 Consolidated Plan. Special effort has been made to help preserve affordable housing and maintain Concord’s older housing stock, which is predominately owned by the elderly. Through the Housing Rehabilitation Loan and Grant Program the City provides emergency repair grants to $15,000 and loans to $75,000 to income-qualified homeowners. The number of loans and grants available is limited by the amount of funds and the needs of the City’s older housing stock. The City was able to provide twelve grants to low-income homeowners, eleven of them seniors.

The City’s older homes are often owned by elderly residents who purchased their homes many years ago. These residents are typically on fixed incomes and may not have the means to perform regular maintenance and repairs or to qualify for traditional home repair loans. In recent years the cost of construction has increased dramatically due to the rising cost of lumber and other supplies. This has had an impact on the number of residents who can be assisted as the cost of each individual project has increased.

Concord provided funds for Economic Development with the goal of reducing the number of persons with incomes below the poverty level, expanding economic opportunities for low-income residents, and increasing the viability of neighborhood commercial areas. Opportunity Junction and Monument Impact, both local nonprofits, received CDBG funds to provide training and job placement for Certified Nursing Assistants and to assist the low-income owners of existing and emerging small businesses. The Child Care Council received Child Care Developer Fees (CCDF) to provide microenterprise assistance to very low to moderate-income Concord residents who want to maintain or start stable small businesses as licensed home-based family child care providers.

The City funds one youth project through CDBG, Community Violence Solutions. Concord uses CCDF to fund most youth programs iincluding the Mt. Diablo School District CARES After School Program, which provides activities, homework assistance and healthy snacks to elementary and middle school students. The City also provides CCDF to the Bay Area Crisis Nursery, which provides shelter

CAPER 5
OMB Control No: 2506-0117 (exp. 09/30/2021)
and care to children up to five years old whose parents are in crisis and are unable to care for them.

The City submitted two substantial amendments to the FY 2019/20 Action Plan to allocate a total of $1,559,046 in CDBG-Coronavirus (CDBG-CV) funds. While the amendments were to the 2019/20 plan, expenditure of funds did not begin until July 1, 2020. Funds were allocated to local agencies to respond to the needs of low-income residents impacted by the COVID-19 pandemic, providing increased access to food, emergency rental assistance and other services to over 5,000 individuals. Funding allocated to the tenant emergency rental assistance program was put on hold as residents were assisted with accessing State ERAP funds. The State program sunset on March 31, 2022, and the City’s ERAP was reinstated on April 1.

CAPER 6
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-10 - Racial and Ethnic composition of families assisted Describe the families assisted (including the racial and ethnic status of families assisted).

91.520(a)
CDBG
White 11,184
Black or African American 2,173
Asian 2,080
American Indian or American Native 215
Native Hawaiian or Other Pacific Islander 166
Total 15,818
Hispanic 7,497
Not Hispanic 8,321
Table 2 – Table of assistance to racial and ethnic populations by source of funds Narrative
HUD reporting requirements for race and ethnicity include five additional categories not reflected above. City CDBG funds also provided services to residents self-identifying as American Indian/White, Asian/White, Black/White, American Indian/Black and Other Multi-Racial for a total of more than 25,000 residents. Please see Exhibit A-1 for specific race/ethnicity data by project.

CAPER 7
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-15 - Resources and Investments 91.520(a)
Identify the resources made available
Source of Funds Source Resources Made
Available
Amount Expended
During Program Year
CDBG public - federal 1,167,360 967,420
Other public - federal
Other public - local 192,000 185,160
Table 3 - Resources Made Available
Narrative
In addition to CDBG funds, the City allocated $192,000 in Child Care Developer Fees (CCDF) specifically to support child day care services. The Mt. Diablo School District CARES After School program received funding to provide after school activities to more than 1,000 youth. CocoKids received CCDF to provide support and training to local family day care providers in Concord. The Bay Area Crisis Nurssery (BACN) received funding to provide secure emergency shelter for up to 30 days for children up to five years old whose parents are in crisis.

In the past year BACN sheltered 36 Concord children. The City also allocated $50,000 in Revolving Loan Funds to the Homeowners Rehabilitation Loan and Grant program.

Identify the geographic distribution and location of investments Target Area Planned Percentage of
Allocation
Actual Percentage of
Allocation
Narrative Description
City of Concord 100 100 Citywide
Table 4 – Identify the geographic distribution and location of investments Narrative
Concord does not allocate funds on a geographic basis. Funds are allocated throughout the City to respond to priority needs. The City will prioritize the use of its CDBG funding for the conservation of affordable housing for low-income households and to address homelessness. Infrastructure improvements will be focused on those city-wide barrier removal priorities noted in the City’s ADA Transition Plan. Investments in public facilities and services serving special needs populations and low to moderate income persons will be made by allocating funds to local organizations that provide services to low-income households throughout the City. CDBG-CV funds for emergency rental assistance were prioritized for families with children and seniors citywide.

CAPER 8
OMB Control No: 2506-0117 (exp. 09/30/2021)
Leveraging
Explain how federal funds leveraged additional resources (private, state and local funds), including a description of how matching requirements were satisfied, as well as how any publicly owned land or property located within the jurisdiction that were used to address the needs identified in the plan.

During FY 2021/22, CDBG and CCDF funds leveraged almost $28 million from local resources and agency matching funds to accomplish the housing and non-housing objectives identified in Concord’s Consolidated Plan (Exhibit A-2). These funds are often coupled with local funds, allowing projects to compete for additional funding provided by tax credits, bonds, and state financing programs. An investment by the City makes projects more competitive in various funding competitions. Although all sources and types of funds are more limited due to the current economic climate and the demise of statewide redevelopment tax-increment funds, the City will continue to search for additional sources of funding from local, state, federal, and private sources.

To help leverage resources, the City requires a 15% match for all projects funded up to $10,000, and a 20% match for all projects over $10,000. Matching funds for these projects typically include other federal or state funds, or private funds from foundations and donations. Please see Exhibit A-2 for leveraging information by project.

As CDBG-CV funds were allocated for emergency services through short-term contracts, matching funds were not required.

The City owns two properties that may be used for housing purposes. For one property, Council entered into an Initial Exclusive Negotiating Agreement that gives a developer permission to study feasibility for 18 months of a mixed-use project that would include a residential component. Concord City Council has allocated $7.8 million to a nonprofit developer for the new construction of 62 units of affordable housing which is expected to begin construction in late summer, 2022. The City is particularly interested in housing for veterans, seniors, disabled and the low-income workforce. Services to these communities are among the priorities identified in Concord’s 2020/25 consolidated plan.

CAPER 9
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-20 - Affordable Housing 91.520(b)
Evaluation of the jurisdiction's progress in providing affordable housing, including the number and types of families served, the number of extremely low-income, low-income, moderate-income, and middle-income persons served.

One-Year Goal Actual
Number of Homeless households to be
provided affordable housing units 0 0
Number of Non-Homeless households to be
provided affordable housing units 0 0
Number of Special-Needs households to be
provided affordable housing units 0 0
Total 0 0
Table 5 – Number of Households
One-Year Goal Actual
Number of households supported through
Rental Assistance 0 0
Number of households supported through
The Production of New Units 0 0
Number of households supported through
Rehab of Existing Units 25 12
Number of households supported through
Acquisition of Existing Units 0 0
Total 25 12
Table 6 – Number of Households Supported
Discuss the difference between goals and outcomes and problems encountered in meeting these goals.

The City made significant progress in meeting the goals and objectives contained in the 2020/25 Consolidated Plan and the 2021/22 Action Plan. Problems in meeting those goals are primarily the result of the limited funding available and the increased costs of materials and labor in today’s market. There were also some delays in completing projects due to COVID restrictions.

The City allocated $325,000 in CDBG and Revolving Loan Funds to be used for housing rehabilitation grants and loans. As discussed previously, the City provided twelve (12) grants to low-income households for the repair of health and safety issues in their homes. The number of homeowners that can be assisted is limited by the amount of funds available. In addition, the

CAPER 10
OMB Control No: 2506-0117 (exp. 09/30/2021)
number of contractors willing to bid on these small projects on a reimbursement basis is very limited, making it difficult to move projects along in a timely manner.

The City provided $1,298,132 in CDBG-CV funds for emergency rental assistance and legal services to low-income tenants impacted by the COVID-19 pandemic. Assistance was provided to 121 households through April, 2021. At that time, the California State rental assistance program was introduced. Agencies funded by Concord began assisting tenants with applying for those funds in order to preserve CDBG-CV funds for when the State program sunset on March 31, 2022. At that time, the balance of the CDBG-CV funds were again made available and assistance was provided to 36 tenant households.

On July 7, 2020, the Concord City Council adopted the Residential Tenant Protection Program (RTPP). The RTPP builds on State tenant protections by increasing the amount of relocation assistance from $1,000 to $5,000 or two months rent, whichever is more. The RTPP also includes a requirement for the landlord to offer a lease of at least 12 months. If the tenant declines, the landlord must offer a lease of at least 6 months. If the tenant again declines the landlord may issue a month-to-month least.

Concord has a long history of supporting the construction and conservation of affordable housing, In June, 2018, Concord allocated $5.5 million in City Affordable Housing Funds to Resources for Community Development (RCD), a nonprofit housing developer, for the new construction of 44 units. In May, 2019, City Council allocated an additional $2.3 million for a total of $7.8 million to allow RCD to acquire an adjacent property and increase the size of the project to 62 units. When completed, the complex will serve low income residents at 30% to 60% of AMI. The project is expected to break ground in September, 2022.

Concord is currently developing a Reuse Plan for the 5,028 acre Inland Area of the Concord Naval Weapons Station, which was created by the Navy in the 1940s during World War II. The Inland Area of the base was deactivated in 1997 and declared surplus property by the Navy in 2007. The development of the area represents a significant opportunity for the City. The Reuse Plan will improve the quality of life for residents of Concord and the region through creation of new jobs, a variety of housing types, significant open space, preservation of natural resources, active parks, pedestrian and bike trails and community facilities. The project is expected include 12,000 new residential units, 25 percent of which will be affordable housing.

Discuss how these outcomes will impact future annual action plans.

In FY 2021/22, Concord allocated CDBG funds for the Housing Rehabilitation Loan and Grant program. Due to the rising cost of construction and repairs it is difficult to adequately meet the needs of the City’s aging housing stock. Due to the rising cost of materials and labor, as of July 1, 2022, the City has increased the maximum grant amount from $15,000 to $25,000, which will further limit the number of residents that can be served. .

As the Naval Weapons Station Reuse Plan is developed the resulting affordable housing units will be included in future action plans. The development will provide a variety of services for homeless and low-income individuals and families, including emergency shelter and housing, and will be reported in future action plans.

CAPER 11
OMB Control No: 2506-0117 (exp. 09/30/2021)
Include the number of extremely low-income, low-income, and moderate-income persons served by each activity where information on income by family size is required to determine the eligibility of the activity.

Number of Households Served CDBG Actual HOME Actual
Extremely Low-income 10 0
Low-income 1 0
Moderate-income 1 0
Total 12 0
Table 7 – Number of Households Served
Narrative Information
Along with the greater Bay Area, Concord is faced with rapid increases in the cost of rental housing without a corresponding increase in wages for low-income earners. The City will continue to support the preservation of affordable housing by funding needed home repairs for low income homeowners, providing funds for financial assistance to help prevent homelessness or to quickly rehouse the homeless, and by supporting economic development to promote selfsufficiency. Special needs groups such as elderly/frail elderly, persons with disabilities, persons who suffer from alcohol and other drug addictions, persons who are victims of domestic violence and persons living with HIV/AIDS are at an especially high risk of homelessness. Due to their special needs and/or circumstances, they may have difficulty accessing affordable housing and face obstacles created by lack of income. The City of Concord will continue to provide CDBG and local funds to programs that improve the quality of life for residents with special needs.

CAPER 12
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) Evaluate the jurisdiction’s progress in meeting its specific objectives for reducing and ending homelessness through:

Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
The Contra Costa Continuum of Care uses a number of strategies to reach out to unsheltered persons experiencing homelessness and assess their individual needs, including direct outreach and marketing, the use of phone-based services including the 211 line, marketing in other languages (e.g., Spanish), making physical and virtual locations accessible to those with disabilities, and collaborating with local law enforcement.

Outreach Services: As a part of the Contra Costa Coordinated Entry System, CORE (Coordinated Outreach, Referral and Engagement) Teams serve as an entry point into the homeless system of care, providing both day and evening outreach resources and services to encampments and service sites. Concord provides CDBG, CPHHCD and other local funds to provide dedicated homeless outreach services in the City 40 hours per week. The outreach teams seek out individuals on the street and in encampments and provide clients with access to food and shelter, and to integrated health, mental health and substance abuse services. In January, 2022, the City added a Mental Health Evaluation Team (MHET) Masters in Social Work (MSW) to the CORE team to better meet the needs of unhoused residents.

Health Care for the Homeless: In addition to providing direct medical care, testing and immunization services, the County-funded Health Care for the Homeless Program uses its mobile healthcare van for outreach. The bilingual Healthcare for the Homeless Team assesses client’s needs, provides social support, and links clients to appropriate services and programs.

Addressing the emergency shelter and transitional housing needs of homeless persons Crisis services, including emergency shelter and transitional housing, are a critical component of the Contra Costa Coordinated Entry System. For individuals and families experiencing a housing crisis that cannot be diverted, CORE Teams and CARE Centers make referrals to over 900 emergency shelter and transitional housing beds throughout Contra Costa County. In keeping with a Housing First approach, the goal of Contra Costa’s crisis response system is to provide immediate and easy access to safe and decent shelter beds, when available, to the most vulnerable unsheltered people, including those that are chronically homeless, with the housing-focused goal of re-housing people as quickly as possible. Contra Costa CoC has established system-level performance measures for emergency shelter, including reducing the average length of stay increasing exits to permanent housing and increasing non-returns to homelessness.

Under HUD's CoC Program NOFA, the County CoC obtained an award $16,665,017, the majority of which supports funding for outreach, rental assistance, and housing navigation and placement into permanent and permanent supportive housing for the most vulnerable, including seniors, chronically homeless individuals, and for survivors of domestic violence and their children.

CAPER 13
OMB Control No: 2506-0117 (exp. 09/30/2021)
County CoC Strategic Plan and System Modeling: In October 2014, the Contra Costa CoC updated its Strategic Plan to End Homelessness. The City’s Housing Manager participated in the updating process as a member of the CoC Board and has served on various CoC subcommittees focused on five key modules: coordinated intake and assessment, performance measurement, prevention services and other supports, housing and communication. That plan has continued to be updated and informed by data identifying the utilization rates and costs per unit of service and intervention and demographic information to better plan to meet the needs of persons experiencing homelessness.

Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: likely to become homeless after being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); and, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs The Contra Costa CoC has implemented a triage tool used by 211 and other crisis service entry points into our system to identify clients on the brink of homelessness and connect them to prevention, mainstream services, and diversion services. In 2019 the CoC also implemented rapid resolution services to assist clients at the system access points move towards early alternate stable housing options and reduce inflow and length of time in the homeless system. In 2020 rapid resolution services, which also includes landlord-tenant mediation, was scaled to allow all service providers to use those strategies to help clients at any stage. Rapid Resolution services have also been paired successfully with the CoC’s flexible housing pool (Housing Security Fund), to provide financial assistance that may be necessary to secure those alternate housing options, including short term rental assistance and utility arrears.

There is significant cross system collaboration including with hospitals and clinics, Department of Probation, law enforcement, and the Office of the Public Defender. H3 and other CoC partner agencies work closely with those systems, agencies and the County Employment and Human Services Department to ensure affordable housing and social services are available to individuals who are at risk of discharge into homelessness or unstable housing.

In cooperation with the local VA, Contra Costa's CoC has worked to increase its capacity to house and serve homeless veterans, including the distribution of HUD-VASH vouchers and rental assistance for permanent housing units provided to homeless veterans and their families under the Supportive Services for Veteran Families (SSVF) program. Concord’s Housing Manager serves on Contra Costa County’s SSVF Homeless Veteran Planning Group.

Access to Affordable Housing: The City has a long history of working with non-profit housing developers and encouraging the inclusion of units affordable to households with extremely-low incomes and those with special needs. Concord is currently developing a Reuse Plan for the 5,028 acre Inland Area of the Concord Naval Weapons Station, which was created by the Navy in the 1940s during World War II. The project is expected include 12,000 new residential units, 25 percent of which will be affordable housing.

Construction of Affordable Housing: In February, 2018, Concord released a Notice of Funding Availability (NOFA) for $14 million in affordable housing funds to be used toward further

CAPER 14
OMB Control No: 2506-0117 (exp. 09/30/2021)
actualizing Concord’s opportunities for quality affordable housing. The City accepted a proposal from Resources for Community Development (RCD) for the new construction of 62 affordable units. The project is anticipated to break ground in September, 2022.

The City continues to work with the Contra Costa Public Housing Authority (PHA) and local affordable housing developers to maximize the inventory of affordable housing units to which formerly homeless clients can eventually transition.

Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
The City received State Permanent Local Housing Allocation (PLHA) grant funds and have allocted those funds to a Rapid Rehousing Program for Homeless Inidivuals and Families. The program was developed over during Spring, 2022, and launched on September 1, 2022, and will be reported on in the 2022/23 CAPER.

The Contra Costa CoC uses the VI-SPDAT (which includes length of homelessness as measure of vulnerability) to help prioritize the most vulnerable people for available Permanent Supportive Housing. This process is used to prioritize individuals and families for Rapid Rehousing and permanent housing options, including Permanent Supportive Housing for individuals and families with high needs. Available housing is also prioritized for persons who have been homeless longest.

The CoC and homeless services providers are committed to reducing length of time persons are homeless by reducing barriers to housing and services using a Housing First approach.

Chronically Homeless: Chronically homeless consumers are generally the most difficult to move from the streets and back into housing. The county tracks chronicity in a By-Name List. As of 2019 approximately one third of the County’s 7,897 consumers were chronically homeless individuals and 52% of the chronically homeless individuals’ VI-SPDAT scores indicated a need for permanent supportive housing. The County continues to invest in permanent supportive housing, housing intensive interim housing strategies, and other resources to reduce the length of time persons remain homeless and ensure healthy, stable housing is available for those who need it. . The County has planned the development of a HUD CoC-funded County project for High Utilizers of Multiple Systems (HUMS) containing microunits with onsite intensive case management. Since those funds were awarded, the County has used that funding to permanently house chronically homeless high needs individuals, which allows the target population to benefit from stable permanent housing even before the project building is completed.

Families with Children: Families experiencing a housing crisis who cannot be diverted are connected to crisis services and assessed for permanent housing using the Family VI-SPDAT.

Using a Housing First approach, the CE Manager makes referrals to services and housing based on the prioritization to ensure the most vulnerable are first matched to resources that meet their needs. As of FY21/22 there are three large Rapid Rehousing projects dedicated to families with children.

CAPER 15
OMB Control No: 2506-0117 (exp. 09/30/2021)
Veterans: As part of their involvement in the Built For Zero campaign, the Contra Costa CoC focused on improving connections between the Veteran and homeless systems of care by facilitating data sharing between programs to better assess the number of veterans being housed each month in the community. All CoC program-funded providers, including outreach teams, assess veteran eligibility using a standardized HMIS intake form and qualifying clients are referred to veteran services using the coordinated entry system and HMIS database.

Transition Aged Youth: When foster youth age out of the foster care system, the County links them to the Independent Living Skills Program (ILSP). ILSP includes workshops that prepare youth for emancipation (money management, education, computer skills, home management, and social skills), employment assistance, non-McKinney-Vento housing and retention services, and an individualized transition plan out of foster care.

Reentry Population: Over the past two years, the CoC has developed and scaled multiple projects with criminal justice system agencies to connect people reentering the community after incarceration, with prevention and rapid resolution services, specialized housing navigation services and housing.

CAPER 16
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-30 - Public Housing 91.220(h); 91.320(j)
Actions taken to address the needs of public housing
There are no Public Housing Units in the City of Concord. The Housing Authority of Contra Costa County (HACCC) assists Concord residents through the Section 8 Existing Housing Program.

Section 8 Certificates/Vouchers allow very low-income (below 50% of area median income) families to pay no more than 30% of their income on housing. The HACCC contracts with rental housing property owners to pay the difference between what tenants can afford and fair market rents
Actions taken to encourage public housing residents to become more involved in management and participate in homeownership
The City of Concord provides funds for the Below Market Rate and First Time Homebuyer programs, which specifically target low-income residents, including those who are exiting public housing assistance programs. These programs are widely marketed through various support services and programs throughout the City
Actions taken to provide assistance to troubled PHAs
Concord residents are assisted through the Housing Authority of Contra Costa County (HACCC) with Section 8 certificates and vouchers. This program is well run and has provided excellent service and support to low-income City residents.

CAPER 17
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j)
Actions taken to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment. 91.220 (j); 91.320 (i) The Housing Element Update adopted by the Concord City Council on January 6, 2015, included Program H-1.2.3, which promoted development of housing in the Downtown that is affordable to households at a range of income levels (extremely-low, very-low, low, moderate, and above moderate incomes). In 2019, the City allocated a total of $7.8 million to Resources for Community Development for the construction of a 62 unit (61 of which would be income-restricted) affordable housing development located in Concord’s Downtown area.

Policy H-1.3 promoted the development of single-family homes that are affordable to very low, low & moderate-income households in all new single-family developments as well as in existing single-family neighborhoods. In 2021 the City added to its below market-rate inventory, five new single family homes affordable to moderate income households. The City provided first-time homebuyer funds to three new households earning between 60 to 100% AMI.

Program H-1.4.2 encouraged allowing secondary units in the single-family districts in accordance with State law. In December 2020, the City utilized the awarded $310,000 in California State Planning Grant Program grants to encourage the construction of accessory dwelling units (ADU) by contracting with a design firm to draft pre-approved ADU architectural plans which the City will make available free of charge to the public and will allow a streamlined approval process through the City's Planning Division.

Program H-1.4.3 reviewed the development code as it relates to secondary units and considered amendments to make the development of secondary units more feasible. In fiscal year 2020/2021, the City amended its ADU and Junior ADU ordinance to conform to less restrictive State law.

Program H-1.4.4 encouraged the City to evaluate its fees for second units to determine if the fees could be “scaled” so that small units or units created through conversion of habitable space are charged at a lower commensurate rate than larger units. This included a reduction in impact fees for small secondary living units of approximately $5,000. Square footage requirements were expanded to allow for smaller as well as larger units ranging from 150 sq.ft. to a maximum of 1200 sq. ft.

Program H-2.1.1 encouraged the utilization of public funds to provide assistance in the rehabilitation and conservation of deteriorated single-family homes, multifamily developments, and mobile homes. The City provided 20 rehabilitation grants for low-income homeowners.

Program H-2.4.1 established a mechanism to determine whether there is a risk of displacement of existing Concord residents and establish programs to mitigate this risk. In 2020, the City Council approved the Residential Tenant Protection Program which requires minimum lease terms and a greater relocation assistance payment than what is offered by the State. In December 2020, the Council established a Rent Registry to allow collection of various rent and eviction data and help inform future policy decisions. In June, 2022, Concord established a Residential Tenant AntiHarassment Ordinance to address issues of landlord harassment of tenants.

CAPER 18
OMB Control No: 2506-0117 (exp. 09/30/2021)
Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j) The primary concentration of minority and low-income population in Concord is in the Monument Corridor, a triangular area between Highway 242 and Monument Blvd., up to Concord Avenue.

This area lies within census tracts 3361, 3362, and 3280.

This area has been identified by the Concord City Council and targeted by the United Way of the Bay Area, the Hospital Council (John Muir/Mt. Diablo Community Health Fund), Contra Costa County Health and Human Services and other organizations as an area of substantial need for community resources. The City continues to provide for these at-risk residents by allocating funding to local community groups that provide food, health services and family support programs.

Concord continues to support programs that benefit the underserved populations and those residents most at-risk, providing funding for programs across the city through the CDBG program, the Concord/Pleasant Hill Health Care District and through Child Care Developer Fee Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j) In November, 2007, the City of Concord was awarded a Lead Hazard Control grant by HUD totaling $1,389,228 over a three year period. Using a comprehensive strategy, the City clearly identified all single family and multi-family housing stock built before 1979 that had the possibility of being contaminated by lead-based paint. The City conducted extensive outreach and provided education about the hazards of lead poisoning and lead-based paint. Owners of multi-family properties built before 1979 were also contacted directly and given information about health hazards associated with lead-based paint and the methods and resources for lead based paint stabilization and abatement. It is estimated that, through this program, the City was able to address a large percentage of the lead hazards in homes in Concord.

Since the end of the grant period Concord has continued to address lead based paint hazards citywide through the Homeowner Rehabilitation Loan and Grant Program. Each loan and grant application received is assessed for lead based paint. If remediation is triggered then a parallel process for lead based paint is followed for the application, which includes a separate property evaluation, inspection, report, work write-up, bid process, contractor evaluation and selection, separate execution and clearance of the work, and separate documentation and record keeping to satisfy federal regulations.

Actions taken to reduce the number of poverty-level families. 91.220(k); 91.320(j) Reducing the number of persons living below the poverty level within the City of Concord requires a comprehensive approach to poverty that includes: access to housing of choice unimpeded by discrimination; availability of affordable housing; job opportunities that require limited educational background and/or work experience as well as jobs that offer opportunities for growth and advancement and a living wage; opportunities for people with disabilities to move freely, live independently, and become or remain financially independent to the best of their abilities; access to health care for individuals, families, and children; safety nets for those balancing precariously on the economic edge, including seniors, single-parent families, minimum-wage earners, and others; and provision of life’s basic requirements, such as food, shelter, and clothing, for those without these necessities. In FY 2021/22, the City also provided funds for Economic Development activities that enable low-income small business owners to start or grow their businesses, leading

CAPER 19
OMB Control No: 2506-0117 (exp. 09/30/2021)
to greater self-sufficiency.

The City Council, Community Services Commission, and City staff embrace a holistic approach to addressing these issues as they meet to plan each year’s funding allocations. Guided by community input shared in Public Hearings and in community-wide surveys, needs are heard, priorities are determined, and funds are allocated.

However, general economic conditions, the foreclosure crisis, and increased costs of rent, health care and food are resulting in greater numbers of people in need of even the most basic services, such as food pantry and hot lunches. The number of low-income families financially impacted by the COVID crisis has put a further strain on the ability of the City and community service providers to meet the needs of residsents.

Actions taken to develop institutional structure. 91.220(k); 91.320(j) The City of Concord works within an institutional structure, which includes private industry, nonprofit organizations, and public institutions, to carry out its housing and community development plan.

The Contra Costa County HOME Consortium is comprised of the County Conservation and Development Department’s staff and the cities of Antioch, Concord, Pittsburg, and Walnut Creek.

The City of Concord is an active member of the Consortium, and works with it to streamline CDBG processes for non-profit recipients. The Consortium meets quarterly to share information and work on ways to overcome gaps between our respective institutional structures and enhance coordination of funding and service delivery throughout the County. Working together to support mutual projects has developed the Consortium members into a close, supportive team who have a much better understanding of each other’s challenges and needs.

Consortium members utilize a single grant application used by all jurisdictions; a single monitoring form with joint monitoring of agencies and shared results with other members; a joint grant process and joint meetings for all applicants and recipients of funding; quarterly or greater Consortium meetings; and increased technical assistance to nonprofits through individual meetings and workshops. Consortium members have continually streamlined processes to benefit agencies and to reduce our administrative costs, effectively channeling additional funds to our communities.

The City has embraced a style of governance known as Community Oriented Government (COG).

COG is based on a philosophy that recognizes the interdependence and shared responsibility of the City government and the community in making Concord a city of the highest quality, continually enhancing the safety, environment, quality of life, and economic vitality of our city. It is a method of governance that encourages partnerships to identify community issues, determine resources, and apply innovative strategies designed to create and sustain healthy, vital neighborhoods. The five building blocks that are key to Community Oriented Government are partnerships, empowerment, problem solving, accountability, and customer orientation. The COG approach is founded on collaboration, both internally and externally, and responsiveness to internal and external consumer needs. This approach helps to reduce gaps inherent in institutional structures such as city government by increasing communication, developing partnerships, and enhancing coordination.

Participation in the Contra Costa Council on Homelessness enhances coordination of efforts to

CAPER 20
OMB Control No: 2506-0117 (exp. 09/30/2021)
improve neighborhoods and overcomes gaps between governmental institutional structure and entire community. The City’s Housing Manager was a member of the Executive Board of the Council for many years and continues to serve on subcommittees as needed.

Actions taken to enhance coordination between public and private housing and social service agencies. 91.220(k); 91.320(j)
There are no Public Housing Units in the City of Concord. The Contra Costa Housing Authority assists Concord residents through the Section 8 Housing Program. Section 8 Certificates/Vouchers allow very low-income (below 50% of area median income) families to pay no more than 30% of their income on housing. The Contra Costa Housing Authority contracts with rental housing property owners to pay the difference between what tenants can afford and fair market rents.

The City allocates CDBG funds to ECHO Housing to provide Fair Housing services to local residents to help them acquire and maintain their housing. ECHO also receives City funds to provide Tenant/Landlord Counseling and Tenant Legal Service to help low-income tenants maintain their housing.

Identify actions taken to overcome the effects of any impediments identified in the jurisdictions analysis of impediments to fair housing choice. 91.520(a) City staff, along with staff from the other Contra Costa CDBG entitlement jurisdictions (Antioch, Pittsburg, Walnut Creek and the Urban County), worked together to prepare the Contra Costa Consortium Analysis of Impediments to Fair Housing Choice (AI). An update of the AI was completed and approved by each Contra Costa CDBG entitlement jurisdiction in 2017.

Recommendation #1: Increase Public Awareness of Fair Housing Rights – Concord continues to provide CDBG support to agencies to provide Fair Housing consulting services. Fair housing service providers and their partner agencies continue to expand outreach to the community regarding fair housing rights. housing trainings and outreach at various non-profit agencies throughout the County.

Recommendation #2: Improve Financial Assistance for Housing – Concord and the Consortium continue to collaborate to expand affordable housing in communities where such opportunities are limited. The City and the Consortium allocate resources to encourage and facilitate the development of affordable housing throughout the entire Consortium, resulting in the development of new affordable housing.

Concord acontracts with Bay Area Affordable Homeownership Alliance (BAAHA) to assist qualified low-and moderate-income individuals with the purchase of their first home. FTHB loan funds are to assist with down payment and/or closing costs.

Recommendation #3: Review Home Purchase Loan Denial Figures with Local Lenders – The Consortium has incorporated in the CDBG contracts with their respective Fair Housing consulting agencies a review and monitoring of HMDA data in regard to loan denial rates among racial/ethnic minorities.

Recommendation #4: Increase Access to Special Needs Housing – The City has instructed its Fair Housing services provider to incorporate education and information to tenant, owners, and agents

CAPER 21
OMB Control No: 2506-0117 (exp. 09/30/2021)
of rental properties about the necessity to provide equal access to housing to special needs populations.

Recommendation #5: Review Municipalities Planning Code and Offer Incentives - This recommendation is a long-term goal and the City has begun developing steps to implement this recommendation through the Densitiy Bonus Ordinance, the Inclusionary Housing Ordinance and the Accessory dweling Ordinance.

City staff, along with staff from the other Contra Costa CDBG entitlement jurisdictions (Antioch, Pittsburg, Walnut Creek and the Urban County), and the Public Housing Authorities of Contra Costa County, Pittsburg, and Richmond worked together to prepare the Contra Costa Consortium Analysis of Impediments/Assessment to Fair Housing Choice (AI/AFH). The AI/AFH was completed for the period from July 1, 2020 to June 30, 2025 to coincide with the Consortium’s Consolidated Plan.

CAPER 22
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-40 - Monitoring 91.220 and 91.230
Describe the standards and procedures used to monitor activities carried out in furtherance of the plan and used to ensure long-term compliance with requirements of the programs involved, including minority business outreach and the comprehensive planning requirements
Concord CDBG staff closely monitors and reviews agency activities during the program year. This process begins with a detailed contract which outlines performance objectives and reporting requirements. Quarterly reports are thoroughly reviewed to ensure that agencies are on track to achieve their performance outcomes, and that they are serving eligible clients that represent Concord’s diversity. Quarterly Sources and Uses reports are compared to budgets to verify the need for CDBG funding and ensure that fundraising goals are on track. Quarterly Requests for Reimbursement are carefully reviewed to ensure compliance with applicable OMB circulars and HUD regulations. CDBG staff is in close communication with agency leadership and program staff throughout the year. Finally, staff ensures ongoing compliance by monitoring various CDBG Subrecipients annually and sharing monitoring results of mutually-funded programs with Consortium members.

The City of Concord is knowledgeable of and complies with CDBG program and comprehensive planning requirements. Community Services Division activities are based on a HUD-approved Consolidated Plan spanning the years from 2020/25, including priorities for funding and meeting goals and objectives established in that document. Concord participated with the Consortium to produce a joint Analysis of Impediments which was adopted as part of the 2010/15 Consolidated Plan and an update to the AI that was accepted by Council in July, 2017. It guides actions taken to ensure fair housing and equal access to all Concord residents. The 10-Year Plan to End Homelessness in Contra Costa County was consulted before the fund allocation process began to determine the highest funding priorities for homeless and other populations with special needs.

Fostering, producing, and maintaining housing that is affordable to a wide spectrum of Concord residents has been a commitment by the City of Concord for decades. Barriers to affordable housing have been addressed by a variety of planning and funding considerations, and will continue to be a focus of the City.

Annual Action Plans and Consolidated Annual Performance and Evaluation Reports (CAPER) are thorough, timely, and have been accepted by HUD. NEPA Environmental Reviews procedures are followed for every funded activity. Monitoring of sub-recipients is conducted on a regular schedule using standards and procedures that are shared by other members of the Consortium. Finally, Concord is prompt in drawing down federal funds and expediting capital and other projects, with a fund balance to meet the 150% maximum.

CAPER 23
OMB Control No: 2506-0117 (exp. 09/30/2021)
Citizen Participation Plan 91.105(d); 91.115(d)
Describe the efforts to provide citizens with reasonable notice and an opportunity to comment on performance reports.

The Community Services Commission, the citizen’s advisory body that makes CDBG funding recommendations to the City Council, meets monthly in properly noticed public meetings. The public is invited to attend and may address the Commission during public comment.

As required by the City's Citizen Participation Plan, the FY 2021/22 CAPER legal notice was published and the document was available on the City's website for a 15-day public review beginning September 6, 2022. The CAPER was approved by Council on September 27, 2022.

No public comments were received.

CR-45 - CDBG 91.520(c)
Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives and indications of how the jurisdiction would change its programs as a result of its experiences.

No changes were made to Concord’s program objectives during 2021/22. The Action Plan was developed with the input of the community and targeted those most in need. The local agencies that received funding have made excellent progress in meeting the needs of the City’s residents and helping to create an environment that is safe, healthy, and promotes self-sufficiency.

With the addition of CDBG-CV funds, the City was able to serve low-income individuals and families who were financially impactd by the COVID-19 pandemic. In spite of the challenges of working remotely and maintaining social distancing, local community service agencies stepped forward to see that the increased need for food, referral services and emergency rental assistance was met.

Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI) grants?
No

Agency Name/Address Project Name White Black/
Af. Am. Asian
Am
Ind/
Al Nat
Nat Hwn/
Pac Isl
Am Ind/
White
Asian/
White
Black/
White
Am Ind/
Black
Other/
Multirace
Total Hispanic Ext. Low Very Low Low
Bay Area Crisis Nursery
1506 Mendocino Drive, Concord 94521 Bay Area Crisis Nursery 31 10 2 2 3 0 0 4 0 0 52 23 41 8 3 COCOKIDS, Inc.
1035 Detroit Ave, Suite200, Concord 94518 Road to Success 15 3 2 0 1 0 0 0 0 1 22 7 14 3 5 Conta Costa Homeless Services
1350 Arnold Dr. Ste 202, Martinez 94553
Coordinated Outreach, Referral and
Engagement (CORE) 565 186 17 67 19 27 4 17 8 35 945 174 945 0 0 Contra Costa Crisis Center
P.O. Box 3364, Walnut Creek 94598 Contra Costa 211 1839 306 101 13 27 0 0 52 0 2089 4427 239 4427 0 0 Contra Costa Family Justice Alliance
2151 Salvio Street, Suite 201, Concord 94520
Family Justice Navigation
Program 64 14 17 1 1 0 0 0 0 321 418 190 0 418 0
Contra Costa Senior Legal Services
2702 Clayton Rd. Suite 202, Concord 94519 Legal Services For Seniors 86 9 11 2 0 0 0 0 0 5 113 17 0 113 0 Court Appointed Special Advocates (CASA)
2151 Salvio St, Ste 295, Concord 94520 Children at Risk 20 7 0 0 1 0 1 2 0 0 31 14 31 0 0 ECHO Housing
770 A Street, Hayward 94541 Fair Housing Services 28 7 0 0 0 0 0 0 0 0 35 4 2 10 23 ECHO Housing
770 A Street, Hayward 94541
Tenant/Landlord Counseling &
Dispute Resolution Services 105 22 12 0 0 0 0 0 0 13 152 48 88 39 25 Food Bank of Contra Costa/Solano
P.O. Box 6324, Concord 94524
Collaborative Food
Distribution 915 182 498 38 37 13 16 26 9 1422 3156 942 3156 0 0 Meals on Wheels/Senior Outreach Services
1300 Civic Drive, Walnut Creek 94596
Senior Nutrition/
CC Cafes 193 11 52 0 0 5 0 0 0 49 310 43 0 310 0
Meals on Wheels/Senior Outreach Services
1300 Civic Drive, Walnut Creek 94596 Meals on Wheels 377 31 70 2 3 0 0 0 0 16 499 63 0 499 0 Mt. Diablo Unified School District
1266 San Carlos Ave, A-6, Concord 94518
CARES After School Program
(Area Benefit) 254 247 0 0 0 0 0 0 0 945 1446 774 38 1343 65 Monument Crisis Center
1990 Market St., Concord 94520 Critical Safety Net Resources 738 77 896 15 57 14 38 31 8 3821 5695 2542 5278 383 34 Empowered Aging (formerly Ombudsman
Services of Contra Costa)
2255 Contra Costa Blvd, Suite 204, Plesant Hill,
94523
Ombudsman Servcies 124 48 16 3 0 0 0 0 0 8 199 0 0 199 0 STAND! for Families Free of Violence
1410 Danzig Plaza Concord 94520
Rollie Mullen Center
Emergency Shelter 2 1 0 0 0 0 0 0 0 11 14 6 0 14 0
Winter Nights Family Emergency Shelter, Inc.
404 Gregory Lane, Room 7, Pleasant Hill 94523
Winter Nights Emergency
Family Shelter 6 1 0 0 1 0 0 0 0 1 9 1 9 0 0
Monument Impact
1760 Clayton Rd., Concord 94520
Technology for
Success/Emerging Business
Support
12 0 0 0 0 0 0 0 0 0 12 12 10 2 0
Opportunity Junction
3102 Delta Fair Blvd. Antioch, 94509 Healthcare Career Pathway 8 1 2 0 0 0 1 2 0 1 15 6 10 3 1 Cityof Concord Community & Ec. Dev.
1950 Parkside Dr., Concord 94519
Housing Rehabilitation Loan
& Grant Program 10 2 0 0 0 0 0 0 0 0 12 0 10 1 1
Cityof Concord Community & Ec. Dev.
1950 Parkside Dr., Concord 94519 ADA Curb Cuts 5792 1008 384 72 16 0 0 0 0 728 8000 2392 0 8000 0 Totals: 11184 2173 2080 215 166 59 60 134 25 9466 25562 7497 14059 11345 157 Race/Ethnicity Income Category
City of Concord FY 2021/22 CAPER
Race/Ethnicity/Income Information
Exhibit A-1

FY 2021/22 CAPER Leveraging Chart
Public Services
Bay Area Crisis Nursery
(CCDF)
Emergency Care for
Children to Age 5
CCDF/
$80,000 $ 2,808,521 $ 35.11
CC Behavioral Health
Services Homeless Program CORE Outreach Team $12,500 $ 446,672 $ 35.73 Contra Costa Crisis Center Crisis / 211 Contra Costa $12,500 $ 2,233,489 $ 178.68 Contra Costa Family Justice
Center Family Justice Navigation $12,000 $ 2,730,964 $ 227.58 Contra Costa Senior Legal
Services Legal Services for Seniors $11,000 $ 557,049 $ 50.64 Court Appointed Special
Advocates (CASA) Children At Risk $12,000 $ 1,149,209 $ 95.77 ECHO Housing Fair Housing Services $10,000
ECHO Housing Tenant/Landlord Services $10,000 $ 65,000.00 $ 6.50 Food Bank of Contra Costa
and Solano
Collaborative Food
Distribution $12,500 $ 4,215,574 $ 337.25
Winter Nights Shelter Winter Nights Shelter $12,500 $ 596,854 $ 47.75 Meals On Wheels and Senior
Outreach Services Senior Nutrition - CC Cafes $10,000 $ 285,830 $ 28.58 Meals On Wheels and Senior
Outreach Services Meals on Wheels (MOW) $10,000 $ 1,653,358 $ 165.34 Monument Crisis Center
Critical Safety Net
Resources for Families and
Individuals
$12,500 $ 3,070,033 $ 245.60
Mt. Diablo Unified School
District
Mt. Diablo CARES After
School Program
CCDF/
$50,000 $ 4,892,936 $ 97.86
Empowered Aging (formerly
Ombudsman Services of Contra
Costa)
Ombudsman Services $10,000 $ 1,809,608 $ 180.96
STAND! For Families Free of
Violence
Rollie Mullen Center -
Emergency Shelter $12,500 $ 569,645 $ 45.57
Economic Development
CoCo Kids, Inc. (formerly
Contra Costa Child Care Council) Road to Success CCDF/
$50,000 $ 118,350 $ 11.84
Monument Impact Business Support Program $20,000 $ 20,000 $ 1.00 Opportunity Junction Healthcare Career Pathway $20,000 $ 603,717 $ 30.19 Infrastructure/Public Facilities
City of Concord ADA Curb Cuts $300,000 $ 70,000 $ 0.23
Housing
City of Concord Community &
Economic Development
Housing Rehabilitation and
Grant Program $325,000
$ 27,758,459.00
$ 40.89
Agency Program
FY 2021/22
Funding

CDBG/CCDF
Fair Housing. No leverage required.

Housing Rehab. No leverage required.

Average Leverage Per CDBG Dollar
Total Dollars Leveraged
Leveraging
Amount Per
CDBG/CCDF Dollar
Exhibit A-2
Leverage

Staff Report
Date: September 27, 2022
To: City Council
From: Valerie J. Barone, City Manager
Prepared by: Joelle Fockler, MMC, City Clerk
[email protected]
(925) 671-3390
Subject: Considering approval of the First Amendment to the Professional Services Agreement with Gary D. Nelson
Associates, Inc. for administrative staff services in the City Clerk's Division in the additional amount of $60,000 for a not to exceed amount of $80,000 and authorizing the City Manager to execute the amendment in a form acceptable to the City
Attorney. (General Fund)
Report in Brief
Council is requested to approve a first amendment to the professional services agreement with Gary D. Nelson Associates, Inc. (Nelson) to perform essential administrative functions until key administrative positions which are currently vacant are filled. Staff from Nelson will support the City Clerk Division. The vacant full time City positions are anticipated to be filled by the end of 2022.

Recommended Action
Approve the First Amendment to the Professional Services Agreement for administrative staff services in the City Clerk’s Division with Gary D. Nelson Associates in the additional amount of $60,000 for a not to exceed amount of $80,000, and authorize the City Manager to execute the amendment in a form approved by the City Attorney.

Background
On July 25, 2022, the City entered into an agreement with Nelson in the amount of $20,000 to provide administrative staff services in the City Clerk’s Division on a temporary basis to support the Division while recruiting for two vacancies. Additional

7.d

City Council Agenda Report
Agenda Item No. 7.d
September 27, 2022
services are required to continue support of the City Clerk’s Division while the Deputy City Clerk and Administrative Secretary recruitments are in progress.

In 2022, the City Clerk’s Division experienced two vacancies; the Administrative Secretary left the City in January 2022 and the Deputy City Clerk in June 2022. During these staffing transitions, the Division contracted with Nelson to ensure timely and accurate completion of high-priority duties and to ensure service levels to customers were uninterrupted.

Continued access to skilled temporary staff is critical to the Divisions success managing, documenting, and complying with Division activities and requirements until such time as currently vacant, regular, full time staffing positions are filled. The Division anticipates these vacancies to be filled and for Nelson services to conclude by the end of 2022.

For the 2022-23 Fiscal Year, the City’s purchasing policy requires Council approval when more than $80,000 in agreements are held by the same vendor in the same year.

Should Council approve the amended agreement with Nelson for the Clerk’s Division, there will be two agreements that together exceed this threshold, as there is an existing agreement in place with Nelson for temporary administrative staffing services in amount of $60,000 in the Engineering Division.

Financial Impact
No impact to the General Fund; sufficient funds exist in the Administrative Services budget to fund this agreement amendment.

Public Contact
The City Council Agenda was posted.

Attachment

1. Gary D. Nelson Professional Services Agreement No. Amendment No. 1

FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
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28 This First Amendment to Professional Services Agreement (“Amendment”) is entered into on this date, September 28, 2022, and amends the Professional Services Agreement, Agreement No. , between the City of Concord (“CITY”) and Gary D. Nelson Associates, Inc. (“CONSULTANT”).

WHEREAS, the CITY and CONSULTANT entered into a Professional Services Agreement, Administrative Agreement No. 3280, dated July 25, 2022, (the “Agreement”), wherein CONSULTANT agreed to provide administrative staffing services in the City Clerk’s Division.

WHEREAS, the parties hereto desire to amend the agreement to provide for additional compensation.

NOW, THEREFORE, in consideration of the promises and conditions set forth in the Agreement, the parties mutually desire to amend the Agreement as follows:

1. The first and second sentences of Section 3 “PAYMENT” are hereby amended to read as follows:

The compensation to be paid to CONSULTANT, including payment for professional services and reimbursable expenses, shall be at the rate and schedules agreed upon at the date of placement. However, shall in no event shall the amount CITY pays CONSULTANT exceed eighty thousand dollars ($80,000) for the term of this Agreement.

2. Except as expressly amended herein, all other terms and conditions of the Professional Services Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the parties have executed this First Amendment on the date indicated above.

Signatures on the following page.

Attachment 1

FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
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12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 Dated: ___________________ GARY D. NELSON ASSOCIATES, INC.

BY: ___________________________
Joseph T. Prusko
Chief Financial Officer
[email protected]
Dated: ___________________ CITY OF CONCORD
BY: ___________________________
Valerie J. Barone
City Manager
APPROVED AS TO FORM: ATTEST:
_________________________ _______________________________ Susanne Brown Joelle Fockler, MMC
City Attorney City Clerk
FINANCE DIRECTOR’S CERTIFICATION:

Concord, California
Date: ____________________

I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEAR 2022/2023 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT. THE SUM OF $80,000. Account Code 100 1400 1Z01 63800-400.
_________________________
Finance Director’s Signature

Staff Report
Date: September 27, 2022
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kevin Marstall, PE, Director of Community Development Bruce Davis, PE, Interim City Engineer
Bernard Enrile, PE, CIP Manager
Prepared by: Tianjun Cao, PE, Associate Civil Engineer
[email protected]
(925) 671-3243
Subject: Considering acceptance and appropriation of $3,800,000 Affordable Housing and Sustainable Communities (AHSC)
Program Grant funds from the California Strategic Growth Council (SGC) for the Downtown Corridors Bicycle and
Pedestrian Improvements Project (Project No. 2424) (Fund 402); and Authorize the City Manager to sign documents as necessary or desirable pertaining to the grant, subject to City Attorney approval
CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Section 15060(c),
15378, and/or 15061(b).

Report in Brief
The City of Concord collaborated with the Resources for Community Development (RCD) to put together a joint application for the Galindo Terrace Project through the Affordable Housing and Sustainable Communities (AHSC) Program Grant. Within the AHSC grant application, there was a component for Sustainable Transportation Improvements (STI) and the City was awarded $3,800,000 for the Downtown Corridors Bicycle and Pedestrian Improvements Project. The project proposes to install pedestrian and bicycle safety related improvements throughout the Downtown area along Broadway Street, Salvio Street, Grant Street, and Oak Street.

7.e

City Council Agenda Report
Agenda Item No. 7.e
September 27, 2022
Council action is required to accept and appropriate the approved grant funds. The project schedule calls for design to be completed in October 2022, with construction substantially completed by the end of 2023.

Recommended Action
Accept and appropriate $3,800,000 of Affordable Housing and Sustainable Communities (AHSC) Program Grant funds from the California Strategic Growth Council (SGC) for the Downtown Corridors Bicycle and Pedestrian Improvements Project (Project No. 2424); and authorize the City Manager to sign documents as necessary or desirable pertaining to the grant, subject to City Attorney approval.

Background
On February 10, 2020, the City’s Transportation Division collaborated with Resources for Community Development (RCD) and submitted the Affordable Housing and Sustainable Communities (AHSC) grant application in the amount of $3,800,000 for the Downtown Corridors Bicycle and Pedestrian Improvements Project.

Proposed improvements for the Downtown Corridors Bicycle and Pedestrian Improvements Project will include pedestrian improvements such as sidewalk widening, enhancements to existing crosswalk, the addition of a new crosswalk at Salvio Street and Adobe Street, and new street lighting with additional upgrades to existing lighting.

This project will include aesthetic improvements to the corner of Salvio Street and Mt.

Diablo Street in front of Peet’s Coffee. Bicycle improvements include the addition of buffered Class II bike lanes along Broadway Street and Salvio Street from Harrison Street to Galindo Street, a contra-flow Class II bike lane on Grant Street from Salvio Street to Willow Pass Road, and a buffered Class II bike lane on Oak Street from Grant Street to Galindo Street. There will also be a landscaping component to the project that includes the addition of two bio-retention facilities on Salvio Street and Oak Street, see Location Map (Attachment 1)
This project is consistent with the Downtown Corridors Specific Plan that was adopted in 2015 and the City’s Bicycle, Pedestrian, and Safe Routes to Transit Plan that was adopted in 2016. The project was reviewed by the City’s Bicycle and Pedestrian Advisory Committee (BPAC) twice, in October 2019 for the 35% conceptual design and in June 2021 for the 65% design. Extensive public outreach has been performed for the project throughout the design process. The project was presented to the Todos Santos Business Association (TSBA) twice, in April 2021 and February 2022. Multiple public meetings were held as well. The 35% conceptual design was presented to the public in August 2019 and the 65% design was presented to the public in May 2021.

On June 15, 2020, California Strategic Growth Council (SGC) advised staff that the City’s AHSC grant application had been approved. Project design was at 35% completion at the time of grant application approval. Due to various steps needed to be completed by the AHSC board and RCD, the City did not receive official documentation

City Council Agenda Report
Agenda Item No. 7.e
September 27, 2022
of grant funding approval until 2022. Project design was paused at the draft 100% stage since February 2022 because final design could not be completed until the City was able to receive the AHSC grant funds.

Analysis
Acceptance and appropriation of the AHSC Grant funds is required to initiate project activities for the construction phase. Upon approval by the City Council, staff will prepare for project bidding and award following completion of project design. Now that the City has officially received AHSC grant approval documents, final design is anticipated to be completed in October 2022, with construction substantially completed by the end of 2023.

Financial Impact
The $3,800,000 AHSC grant funding (Fund 402) will cover all costs associated with construction, construction management, and construction contingency for the project.

The AHSC funding allocation from RCD is shown in Attachment 3, while the overarching agreement from the Department of Housing and Community Development is shown in Attachment 2. Correspondence from RCD confirms that the City has been provided with the appropriate documentation to begin billing towards the grant funding at this time as shown in Attachment 4. There is currently sufficient project budget to complete the design and construction phases of the project.

Environmental Determination
Pursuant to CEQA Guidelines Sections 15060(c), 15061(b)(3), 15378, and/or Public Resources Code Section 21065, accepting and appropriating grant funding is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, as it does not constitute a “project,” does not commit the City to a definite course of action, does not constitute discretionary approval of a specific project, and will not result in a direct or reasonably foreseeable indirect physical change in the environment, and in the alternative is exempt from CEQA. 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. Individual projects will undergo CEQA analysis as necessary.

Public Contact
The City Council Agenda was posted.

Attachments

1. Location Map

2. AHSC Disbursement Agreement

3. AHSC Funding Allocation

4. Correspondence from Resources for Community Development (RCD)

Attachment 1
Location Map
Downtown Corridors Bicycle and Pedestrian Improvements Project (Project 2424)

STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

ADMINISTRATION AND MANAGEMENT DIVISION
Business & Contract Services Branch
2020 W. El Camino Avenue, Suite 130, 95833
P. O. Box 952054
Sacramento, CA 94252-2054
(916) 263-6872
www.hcd.ca.gov
Daniel Sawislak, Executive Director
Resources for Community Development
2220 Oxford Street
Berkeley, CA 94704
Re: 20-AHSC-14696, Galindo Terrace and Sustainable Transportation Improvements
Dear Daniel Sawislak:

Congratulations on your Affordable Housing and Sustainable Communities (AHSC) Program grant award. Attached is an electronic copy of the AHSC Program Standard Agreement with Exhibits A through E:

A. Standard Agreement (STD 213 and Exhibits A through E) STD 213 – Cover page
Exhibit A – Authority, Purpose and Scope of Work
Exhibit B – Budget Detail and Payment Provisions
Exhibit C – State of California General Terms and Conditions - GTC 04/2017

Exhibit C is now incorporated by reference; please see the STD 213 for additional information.

Exhibit D – AHSC Program Terms and Conditions
Exhibit E – Special Conditions
B. For expeditious handling of the contract, the Department offers two options for returning signed STD 213; please complete one of the following:

1. Review the entire Agreement thoroughly and, if necessary, discuss the requirements with your legal and financial advisors.

2. The person or persons authorized by the Resolution(s), must provide an original signature, printed name, title and date, using blue ink, on the lower left-hand section entitled "Contractor" on the STD 213 and/or on page 2 of the STD 213, if applicable.

20-AHSC-14696

3. Option One: For electronic signature processing, reply to this Standard Agreement email notification with the attached, fully signed STD 213 page(s). All signatures must be original and in blue ink. All signers must be included in the reply email and confirm acceptance of e-signing the Agreement.

4. Option Two: Print five copies of the Standard Agreement, STD 213. Do not send photocopies of the signed STD 213 page(s). All five copies must be an original, wet signature and in blue ink; do not return the Exhibits to HCD.

5. Note: If the resolution did not authorize a designated official to sign the STD 213 and amendments thereto, your governing body must adopt a resolution authorizing a designated official(s) to sign the STD 213 and any subsequent amendments. If the authorized designee as reflected in the resolution, the awarded NOFA amount or your entity status has changed, you are required to provide, to the Department, a new resolution consistent with the terms of the NOFA award and adopted by your Board.

6. Return the e-signed copy or the five signed copies of the STD 213; and, if applicable, the certified resolution within 30 days from the date of this letter to the following address:

Department of Housing and Community Development
Business & Contract Services Branch
Contracts Office, Attention: Roy Marsh
2020 West El Camino Avenue, Suite 130
Sacramento, CA 95833

7. Maintain a complete electronic version of the contract Agreement, STD 213 and Exhibits, for your pending file. Note: The contract is not effective until it is signed by the Awardee’s designated official and the Department.

The Department reserves the right to cancel any pending Standard Agreement in its entirety if not returned within the required 30-day period.

Please contact Terri Wright, AHSC Program Manager, Program Design and Implementation Branch, at (916) 263-7454 or email [email protected] if you have any questions regarding the Standard Agreement or the provisions therein.

Sincerely,
Roy Marsh
Contracts Analyst
cc: Terri Wright, AHSC Program Manager, Program Design and Implementation Branch

20-AHSC-14696
Resources for Community Development
Upon HCD Approval
$10,868,114.00

STATE OF CALIFORNIA - DEPARTMENT OF GENERAL

SERVICES

STANDARD AGREEMENT
STD 213 (Rev. 04/2020)
AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER (if applicable)

1. This Agreement is entered into between the Contracting Agency and the Contractor named below:

CONTRACTING AGENCY NAME

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

CONTRACTOR'S NAME

2. The term of this Agreement is:

START DATE
06/30/2041

THROUGH END DATE

3. The maximum amount of this Agreement is:

4. The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference made a part of the Agreement.

EXHIBITS
Exhibit A Authority, Purpose and Scope of Work
Exhibit B Budget Detail and Payment Provisions
Exhibit C* State of California General Terms and Conditions Exhibit D AHSC Program Terms and Conditions
Exhibit E Special Conditions
10 TITLE PAGES
7 17
3 GTC - 04/2017
TOTAL NUMBER OF PAGES ATTACHED 37
These documents can be viewed at https://www.dgs.ca.gov/OLS/Resources Items shown with an asterisk (*), are hereby incorporated by reference and made part of this agreement as if attached hereto.

CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership,etc.) IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.

CONTRACTOR

CONTRACTOR BUSINESS ADDRESS
See Attached
Resources for Community Development

CITY STATE ZIP
See Attached See Attached See Attached

PRINTED NAME OF PERSON SIGNING TITLE
See Attached

DATE SIGNED
See Attached

CONTRACTOR AUTHORIZED SIGNATURE
See Attached

STATE OF CALIFORNIA

CONTRACTING AGENCY NAME
Department of Housing and Community Development

CONTRACTING AGENCY ADDRESS CITY STATE ZIP
2020 W. El Camino Ave., Suite 130 Sacramento CA 95833

PRINTED NAME OF PERSON SIGNING TITLE
Shaun Singh Contracts Manager,
Business & Contract Services Branch

CONTRACTING AGENCY AUTHORIZED SIGNATURE DATE SIGNED
California Department of General Services Approval (or exemption, if applicable) Exempt per; SCM Vol. 1 4.04.A.3 (DGS memo dated 06/12/1981) SCO ID:

STATE OF CALIFORNIA

STANDARD AGREEMENT
STD 213 (Rev. 06/03)

CONTRACTOR
Executive Director
Address:
2220 Oxford Street
Berkeley, CA 94704
I
Resources for Community Qeyelopment
20-AHSC-14696

Resources for Community Development
20-AHSC-14696

EXHIBIT A
Affordable Housing and Sustainable Communities (AHSC) Program Round 5 - Grant
NOFA Date: 11/01/2019
Approved Date: 8/7/2020
Prep. Date: 05/17/2021

AUTHORITY, PURPOSE AND SCOPE OF WORK

1. Authority & Purpose
This Standard Agreement, STD 213, (hereinafter “Agreement”) is the result of the Recipient’s application (“Application”) for funding under the Affordable Housing and Sustainable Communities (“AHSC”) Program (“Program”) pursuant to:

A. Part 1 of Division 44 of the Public Resources Code (commencing with Section 75200);
B. The Program Guidelines dated October 31, 2019 (“Guidelines”), issued by the State of California, Strategic Growth Council (“SGC”) and as may be amended from time to time; and
C. The Program’s Notice of Funding Availability (“NOFA”) issued by the Department Housing and Community Development (“Department” or “HCD”), is dated November 1, 2019.

The Application, and the Project Report dated 6/25/2020 (the “Project Report”) including all representations made therein, are hereby incorporated in this Agreement by this reference.

The Guidelines and the NOFA are available on the Program Web site at:
http://sgc.ca.gov/programs/ahsc/docs/20191209-FINAL_AHSC_Round_5_FY18- 19_Guidelines_Amended_12.9.19.pdf
By entering into this Agreement and thereby accepting the award of Program grant funds (“Grant”), the Recipient agrees to comply with applicable statutory law, Guidelines, the NOFA, and this Agreement, to abide by the representations made in the Application, and the terms and conditions of the Disbursement Agreement, which is more particularly described in Exhibit B, attached hereto.

2. Definitions
Capitalized terms herein shall have the meaning of the definitions set forth in the Guidelines, and page 1 of this Exhibit A, in addition:
“Affordable Housing Development” refers to the residential rental Affordable Housing Development described in the Application providing the affordable housing units, as

Resources for Community Development
20-AHSC-14696

EXHIBIT A
Affordable Housing and Sustainable Communities (AHSC) Program Round 5 - Grant
NOFA Date: 11/01/2019
Approved Date: 8/7/2020
Prep. Date: 05/17/2021
described therein, in consideration of that portion of the Grant. The Affordable Housing Development shall meet all the criteria for an eligible project as set forth Section 103(a)(1) of the Guidelines.
“Recipient” refers to the entity or entities submitting an application or to a related entity approved by the Department entering into this Agreement and identified as “Contractor” on page 1 to this Agreement (STD 213). In the case of joint applicants, “Recipient” shall also refer to each applicant or the Department-approved assignee of such applicant.

Each joint applicant shall be jointly and severally liable for all obligations of a Recipient as set forth herein.

Any reference to a specific “Section” or “section” of the Guidelines shall initially refer to that specific numbered section of the Guidelines adopted on and dated October 29, 2019. Notwithstanding, if and when the Department amends any portion of the Guidelines, all references herein to any such portion of the Guidelines shall be deemed to refer to the updated version of the Guidelines, either in whole or in part, as may be applicable. To the extent that any Guidelines section or sections (Section or Sections) provision is or are amended, and thereafter receive(s) a new Guidelines section number(s), any reference herein to the old Guidelines section(s) number(s) shall be interpreted to refer instead to the Guidelines section(s) that is (or are) intended to replace the content and substance of the former Guidelines section(s).

3. Scope of Work
The Scope of Work (“Work”) for this Agreement shall consist of one or more of the following categories, by or on behalf of the Recipient, within the Program Project Area as detailed in this Exhibit A and the Project Report:

Included
(“x”)
Grant Award Categories
x Housing-Related Infrastructure (HRI)
x Program Costs (PGM)
x Sustainable Transportation Infrastructure (STI)
x Transportation-Related Amenities (TRA)
The Department, the Recipient and other parties as required by the Department shall enter into a Disbursement Agreement governing among other things the disbursement of Program funds as more particularly described in Exhibit B hereto.

Resources for Community Development
20-AHSC-14696

EXHIBIT A
Affordable Housing and Sustainable Communities (AHSC) Program Round 5 - Grant
NOFA Date: 11/01/2019
Approved Date: 8/7/2020
Prep. Date: 05/17/2021
At the request of the Department, Recipient shall provide further and additional evidence sufficient to demonstrate the existence and/or completion of the items listed in the Project Report for which the Recipient’s Application received points. Failure to provide such evidence to the reasonable satisfaction of the Department may result in a reevaluation of the Application and the reductions or cancellation of the amount of the grant award, require repayments of any disbursed Program funds and the disencumbrance of Program funds awarded.

Location of Housing
Development (APN,
address, parcel map,
specific plan or similar
reference) City and
County
Galindo Terrace and Sustainable Transportation
Improvement
1313 and 1321 Galindo Street
Concord, CA 94520
APN: 126-164-054-2; 126-164-051
Contra Costa County
# of
Bedrooms
# of Project
Units
AHSC Assisted
Units*
(Affordable
Housing
Development)
Income Limit
(% of AMI)
TOTAL

RESTRICTED
UNITS**
1 13 0 30% 13
1 20 13 50% 20
1 6 2 60% 6
2 16 9 50% 16
2 2 2 60% 2
2 1 Manager Manager
3 4 4 50% 4
Total
Project
Units
62 30 61

Resources for Community Development
20-AHSC-14696

EXHIBIT A
Affordable Housing and Sustainable Communities (AHSC) Program Round 5 - Grant
NOFA Date: 11/01/2019
Approved Date: 8/7/2020
Prep. Date: 05/17/2021
A. HRI
The Scope of Work for this Agreement for Housing-Related Infrastructure (“HRI Work”) shall consist of the following:

All necessary site work and on-site utilities costs related to the housing development.

The Affordable Housing Development and housing as designated in the Application that is supported by the HRI Work, and which is to be developed and constructed by the Recipient, or other developer, contains the following unit mix. * Rental Affordable Housing Developments must include at least 20 percent of the total residential units as Affordable Units with an overall Project average affordability of all Restricted Units within the Project no greater than 50 percent represented by Area Median Income (AMI).
**Total Restricted units include all units restricted by AHSC and the Tax Credit Allocation Committee (TCAC). The Grant amount was calculated based on the number of Total Restricted Units.

The HRI Work is necessary for the development of the Affordable Housing Development. The Recipient is responsible for and shall ensure the completion of the HRI Work and the completion and occupancy of the Housing Development in accordance with the criteria set forth above and in the Project Report. The Department reserves the right to review and approve all HRI Work to be performed by the Recipient, or contracted by the Recipient, in relation to this Agreement. Any revision to the HRI Work shall be submitted in writing for review and approval by the Department and shall require an amendment to this Agreement.

B. Program Costs
The Scope of Work for this Agreement for Program (PGM) Costs (“PGM Work”), shall consist of the following:

Workforce training program to prepare local residents for job opportunities with BART, and purchase transit passes through County Connection for all units of the AHD for three years.

Resources for Community Development
20-AHSC-14696

EXHIBIT A
Affordable Housing and Sustainable Communities (AHSC) Program Round 5 - Grant
NOFA Date: 11/01/2019
Approved Date: 8/7/2020
Prep. Date: 05/17/2021
The Recipient is responsible for and shall ensure the completion of the PGM Work associated with the Program Costs in accordance with the criteria set forth above and in the Project Report. The Department reserves the right to review and approve all PGM Work to be performed by the Recipient, or contracted by the Recipient, in relation to this Agreement. Any revision to the PGM Work shall be submitted in writing for review and approval by the Department and shall require an amendment to this Agreement.

C. Sustainable Transportation Infrastructure
The Scope of Work for this Agreement for Sustainable Transportation Infrastructure (“STI Work”) shall consist of the following:

The Downtown Corridors Bicycle and Pedestrian Improvement Project will design and construct bicycle and pedestrian safety improvements to three corridors connecting Downtown Concord to regional transit, senior housing, and lowincome communities as described in the City Council approved Downtown Corridor Plan (2016). BART’s Train Control Modernization Project will allow trains to operate at more closely spaced intervals at faster speeds, increasing BART’s capacity to carry passengers. This application includes the purchase of three new BART cars to increase the number of trains operating through the Transbay Tube during peak, increase train lengths, and maximize throughput capacity throughout the system.

The Recipient is responsible for and shall ensure the completion of the STI Work in accordance with Program requirements, the Application, and the criteria set forth in the Project Report. The Department reserves the right to review and approve all STI Work to be performed by the Recipient in relation to this Agreement. Any revision to the STI Work shall be submitted in writing for review and approval by the Department and shall require an amendment to this Agreement.

D. Transportation-Related Amenities
The Scope of Work for this Agreement for Transportation-Related Amenities (“TRA Work”) shall consist of the following:

Installation of new LED and emergency lighting at BART station. This installation would replace the existing incandescent lighting and related infrastructure with an energy efficient LED system and upgrade to the station’s emergency lighting system.

Resources for Community Development
20-AHSC-14696

EXHIBIT A
Affordable Housing and Sustainable Communities (AHSC) Program Round 5 - Grant
NOFA Date: 11/01/2019
Approved Date: 8/7/2020
Prep. Date: 05/17/2021
The Recipient is responsible for and shall ensure the completion of the TRA Work in accordance with the criteria set forth above and in the Project Report.

The Department reserves the right to review and approve all TRA Work to be performed by the Recipient in relation to this Agreement. Any revision to the TRA Work shall be submitted in writing for review and approval by the Department and shall require an amendment to this Agreement.

4. Criteria Applicability
Based on the points awarded to its Application, Recipient assures the Department of the existence of the following criteria of Section 107:

Guideline Reference
Affordable Developments andHousing-Related InfrastructureSustainable Transportation InfrastructureTransportationRelated AmenitiesProgram CreationProgram Expansion Capital Projects Program
Costs
a
Estimated GHG Reductions based
on GHG Quantification Methodology x x
b Extent to which Project incorporates
Active Transportation Improvements x x
c
Extent to which the Project
incorporates Green Buildings and
Renewable Energy
x x
d
Extent to which Project incorporates
Housing and Transportation
Collaboration
x x
e
Extent to which Project incorporates
Location Efficiency and Access to
Destinations
x x
f Extent to which Project Leverages
non-AHSC Funds x x
g Anti-Displacement x x

Resources for Community Development
20-AHSC-14696

EXHIBIT A
Affordable Housing and Sustainable Communities (AHSC) Program Round 5 - Grant
NOFA Date: 11/01/2019
Approved Date: 8/7/2020
Prep. Date: 05/17/2021 Guideline Reference
Affordable Developments andHousing-Related InfrastructureSustainable Transportation InfrastructureTransportationRelated AmenitiesProgram CreationProgram Expansion Capital Projects Program
Costs
h Extent to which Project incorporates
Prohousing Local Policies x x
i Local Workforce Development &
Hiring Practices. x x
j Housing Affordability
k Programs x x
l Urban Greening
A. GHG Emissions Reductions Estimate
Based on the inputs in the Application, the estimated total MTCO2e over the life of the project is 36,988. This information can be found on the Strategic Growth Council’s website in a document called AHSC Round 4 Data for Public Release.

5. Performance Milestones

DEVELOPMENT APPROVAL
DATE
Executed binding agreement between the Sponsor and developer of the proposed Affordable Housing Development detailing the terms and conditions of the Project development.
12/31/2021
Site Control of Housing Development site(s) by proposed housing developer. 12/31/2021

Resources for Community Development
20-AHSC-14696

EXHIBIT A
Affordable Housing and Sustainable Communities (AHSC) Program Round 5 - Grant
NOFA Date: 11/01/2019
Approved Date: 8/7/2020
Prep. Date: 05/17/2021
Completion of all necessary environmental clearances, including those required under CEQA and NEPA. 12/31/2021
Obtaining all necessary and discretionary public land use approvals. 12/31/2021 Obtaining enforceable commitments for all construction/permanent financing described in the Sources and Uses including substantially final construction and permanent loan documents.
12/31/2021
Submission of Final Construction Drawings and Specifications to the appropriate local building department or permitting authority. 12/31/2021 Completion of the HRI activity 07/30/2025
Program funds fully disbursed. 12/31/2025
Recipient shall ensure the completion of the Performance Milestones set forth below by the designated dates. When Recipient misses or anticipates missing a Performance Milestone deadline, Recipient shall notify the Department in writing as soon as is reasonably practicable. In this notification, Recipient shall explain why the deadline has been or will likely be missed; provide a status update relative to the other Performance Milestone deadlines; and provide assurances that it will meet the remaining Performance Milestone deadlines. Recipient’s failure to provide a timely written notification shall be considered a default under this Agreement.

PGM PERFORMANCE MILESTONES DATE
Identification and commitment of program operator and partners. 12/31/2021 Completion of a business or a work plan. 12/31/2021
Program funds fully disbursed. 12/31/2025

Resources for Community Development
20-AHSC-14696

EXHIBIT A
Affordable Housing and Sustainable Communities (AHSC) Program Round 5 - Grant
NOFA Date: 11/01/2019
Approved Date: 8/7/2020
Prep. Date: 05/17/2021

STI PERFORMANCE MILESTONES DATE
Executed binding agreement between the Recipient and developer of the proposed development detailing the terms and conditions of the Project development.
01/01/2023
Site Control of STI site(s) by proposed developer. 01/01/2023 Completion of all necessary environmental clearances, including those required under CEQA and NEPA. 01/01/2023
Obtaining all necessary and discretionary public land use approvals. 01/01/2023 Commencement of construction of STI. 01/01/2023
Construction completion of STI and closeout. 06/01/2025 Program funds fully disbursed. 12/31/2025

TRA PERFORMANCE MILESTONES DATE
Executed binding agreement between the Recipient and developer of the proposed development detailing the terms and conditions of the Project development.
01/01/2023
Site Control of TRA site(s) by proposed developer. 01/01/2023 Completion of all necessary environmental clearances, including those required under CEQA and NEPA. 01/01/2023
Commencement of construction of TRA. 01/01/2023
Construction completion of TRA and closeout. 06/01/2025 Program funds fully disbursed. 12/31/2025

6. HCD Contract Coordinator
The HCD Contract Coordinator of this Agreement for the Department is the Division of Financial Assistance Loan Closing AHSC Program Manager, or the Manager’s designee. Unless otherwise informed, any notice, report, or other communication

Resources for Community Development
20-AHSC-14696

EXHIBIT A
Affordable Housing and Sustainable Communities (AHSC) Program Round 5 - Grant
NOFA Date: 11/01/2019
Approved Date: 8/7/2020
Prep. Date: 05/17/2021
required by this Agreement shall be mailed by first class to the HCD Contract Coordinator at the following address:

Loan Closing AHSC Program Manager
Division of Financial Assistance - Loan Closing Section Department of Housing and Community Development
P.O. Box 952054
Sacramento, California 94252-2054

7. Recipient Contact Coordinator
The Recipient’s Contract Coordinator for this Agreement is listed below. Unless otherwise informed, any notice, report, or other communication required by this Agreement shall be mailed by first class to the contact at the following address:

Sponsor: Resources for Community Development
Authorized Representative Name: Daniel Sawislak
Authorized Representative Title: Executive Director
Address: 2220 Oxford Street, Berkeley, CA 94704
Phone No.: (510) 841-4410 x 315
Email Address: [email protected]

Resources for Community Development
20-AHSC-14696

EXHIBIT B
Affordable Housing and Sustainable Communities (AHSC) Program Round 5 - Grant
NOFA Date: 11/01/2019
Approved Date: 8/7/2020
Prep. Date: 05/17/2021

BUDGET DETAIL AND PAYMENT PROVISIONS

1. Project Sources and Uses
The preliminary projected sources and uses (“Sources and Uses”) set forth in this Exhibit B contains the cost items for the design, development and construction of the approved HRI, STI, TRA Project(s) (collectively, “Infrastructure Project”), and for PGM, as applicable. Recipient agrees that any cost overruns or increases resulting in a total cost for Infrastructure Project exceeding that set forth therein shall be the responsibility of Recipient.

2. Contract Amount
A. For the purposes of performing the Work, the Department agrees to provide the aggregate amount identified on page 1, number 3 of this Agreement (STD 213) in the form of a grant (“Grant”) for the uses identified in the Sources and Uses. In no instance shall the Department be liable for any costs for the Work in excess of this Grant amount, or for any unauthorized or ineligible costs. 1) For the purposes of performing the Work related to the HRI, as set forth in Exhibit A, the Department agrees to provide $2,450,000 in the form of a grant for the uses identified in the Sources and Uses. In no instance shall the Department be liable for any costs for the Work in excess of this amount, or for any unauthorized or ineligible costs.
2) For the purposes of performing the Work related to the PGM, as set forth in Exhibit A, the Department agrees to provide $183,920 in the form of a grant for the uses identified in the Sources and Uses. In no instance shall the Department be liable for any costs for the Work in excess of this amount, or for any unauthorized or ineligible costs.
3) For the purposes of performing the Work related to the STI, as set forth in Exhibit A, the Department agrees to provide $7,134,194 in the form of a grant for the uses identified in the Sources and Uses. In no instance shall the Department be liable for any costs for the Work in excess of this amount, or for any unauthorized or ineligible costs.
4) For the purposes of performing the Work related to the TRA, as set forth in Exhibit A, the Department agrees to provide $1,100,000 in the form of a grant for the uses identified in the Sources and Uses. In no instance shall

Resources for Community Development
20-AHSC-14696

EXHIBIT B
Affordable Housing and Sustainable Communities (AHSC) Program Round 5 - Grant
NOFA Date: 11/01/2019
Approved Date: 8/7/2020
Prep. Date: 05/17/2021
the Department be liable for any costs for the Work in excess of this amount, or for any unauthorized or ineligible costs.

B. The Department may approve a request from the Recipient to reallocate funds between authorized activities and itemized amounts stated in the budget for the designated grant Work, except where Scoring Criteria, total point scores, or overall ranking of the Project is impacted. Reallocation of funds between authorized activities that impact any of these areas will not be allowed. Changes in aggregate of ten percent or less, of the total grant amount between activity categories during the term of this Agreement, and expenditures pursuant thereto, may be made only after the Department’s express written approval, but do not require a written amendment to this Agreement.

3. Other Funding Sources
Where the Sources and Uses set forth in this Exhibit B identify funds other than Program funds, those funds shall be expended and applied to Project costs as provided therein. Recipient agrees that it will make best efforts to ensure that the other funds specified in the Sources and Uses are available for disbursement as provided in this Exhibit, and approved for the use specified in the Sources and Uses, except to the extent the Sources and Uses may be updated and modified by the Disbursement Agreement described below. The Recipient shall provide evidence and assurance of the commitment and availability of such other sources of funding identified in the Sources and Uses as provided in the Disbursement Agreement. The terms and conditions of all construction financing to be used in conjunction with the Program funds shall be subject to the Department’s review and approval.

4. Completion Dates
A. Program funds must be disbursed no later than December 31, 2025.

B. All un-disbursed funds remaining as of December 31, 2025, shall be disencumbered.

C. All invoices for payment must be submitted to the Department no later than July 30, 2025.

D. This Agreement shall expire on June 30, 2040.

Resources for Community Development
20-AHSC-14696

EXHIBIT B
Affordable Housing and Sustainable Communities (AHSC) Program Round 5 - Grant
NOFA Date: 11/01/2019
Approved Date: 8/7/2020
Prep. Date: 05/17/2021

5. Method of Payment
A. Payment shall be made as reimbursed progress payments as set forth in the Disbursement Agreement. Recipient shall request payment for work completed on forms provided by the Department and subject to such documentation as the Department may require.

B. The Department shall not authorize payments unless it determines that the Program funds shall be expended and disbursed in compliance with the terms and provisions of the Guidelines, the NOFA, this Agreement and the Disbursement Agreement.

6. Disbursement Agreement
A. The Recipient, the Department and such other parties as may be reasonably required by the Department, shall enter into a Disbursement Agreement in a form provided by the Department. The Disbursement Agreement shall contain a specific description of the Work and an updated Sources and Uses therefore, including an updated table of Sources and Uses, and the specific terms and conditions for the disbursement of Program funds. In the event of a conflict between this Agreement and the Disbursement Agreement, as determined by the Department, the terms of the Disbursement Agreement, being the later and more specific document, shall govern; provided however, that no resolution of any such conflict shall be contrary to, or result in a waiver or violation of, the Guidelines or the NOFA.

B. The requirement for a Disbursement Agreement, set forth in this paragraph, may be waived by the Department where, at its sole discretion, it determines that:
1) Satisfactory completion of the Work has occurred,
2) Proper disbursement and use of Program funds have occurred, 3) Performance of, and compliance with, all the obligations, terms and conditions of this Agreement have occurred, and,
4) Compliance with all applicable statutes, laws, guidelines, and regulations, all have been or will be achieved without the execution of a Disbursement Agreement. The Department may require the submittal by the Recipient of such information, records, documents, certificates and other material, as it deems necessary to make this determination.

Resources for Community Development
20-AHSC-14696

EXHIBIT B
Affordable Housing and Sustainable Communities (AHSC) Program Round 5 - Grant
NOFA Date: 11/01/2019
Approved Date: 8/7/2020
Prep. Date: 05/17/2021
C. Payee record information is required for payment(s) to be made. All payee(s) receiving grant funds shall be listed below:

Payee Name: Activity: Award Amount:

Resources for Community Development All $10,868,114

SOURCES AND USES - HRI

PROJECT BUDGET

INFRASTRUCTURE DEVELOPMENT BUDGET AND SOURCES

GALINDO TERRACE AND SUSTAINABLE

TRANSPORTATION IMPROVEMENTS

RESOURCES FOR COMMUNITY

DEVELOPMENT

ESTIMATED HRI CAPITAL

IMPROVEMENT PROJECT COSTS

DEVELOPMENT COSTS

BY FUNDING SOURCE

DEVELOPMENT COSTS

COST CATEGORY TOTAL
AMOUNT
AHSC
GRANT

PROGRAM

PROJECT ACTIVITY
(Hard Costs)
Total Project Activity
Costs $2,450,000 $2,450,000

SOFT COST S AND

OTHER PROJECT

RELATED COSTS
$
Total Soft Cost and
Other Project Related
Costs

N/A N/A

TOTAL PROJECT
COSTS $2,450,000 $2,450,000

Resources for Community Development
20-AHSC-14696

EXHIBIT B
Affordable Housing and Sustainable Communities (AHSC) Program Round 5 - Grant
NOFA Date: 11/01/2019
Approved Date: 8/7/2020
Prep. Date: 05/17/2021
SOURCES AND USES – PROGRAM COSTS

PROJECT BUDGET

BUDGET AND SOURCES

GALINDO TERRACE AND SUSTAINABLE

TRANSPORTATION IMPROVEMENTS

RESOURCES FOR COMMUNITY

DEVELOPMENT

ESTIMATED PROGRAM COSTS DEVELOPMENT COSTS

BY FUNDING SOURCE

DEVELOPMENT COSTS

COST CATEGORY TOTAL
AMOUNT
AHSC
GRANT

PROGRAM

SOFT COST AND

OTHER PROJECT

RELATED COSTS
$
Total Soft Cost and
Other Project Related
Costs

N/A N/A

TOTAL PROGRAM
COSTS $183,920 $183,920

Resources for Community Development
20-AHSC-14696

EXHIBIT B
Affordable Housing and Sustainable Communities (AHSC) Program Round 5 - Grant
NOFA Date: 11/01/2019
Approved Date: 8/7/2020
Prep. Date: 05/17/2021

SOURCES AND USES - STI

PROJECT BUDGET

INFRASTRUCTURE DEVELOPMENT BUDGET AND SOURCES

GALINDO TERRACE AND SUSTAINABLE

TRANSPORTATION IMPROVEMENTS

RESOURCES FOR COMMUNITY

DEVELOPMENT

ESTIMATED STI CAPITAL

IMPROVEMENT PROJECT COSTS

DEVELOPMENT COSTS

BY FUNDING SOURCE

DEVELOPMENT COSTS

COST CATEGORY TOTAL
AMOUNT
AHSC
GRANT

PROGRAM

MTC BART

PROJECT ACTIVITY
(Hard Costs)
Total Project Activity
Costs $13,802,582 $7,134,194 $6,668,388

SOFT COSTS AND

OTHER PROJECT

RELATED COSTS
$
Total Soft Cost and
Other Project Related
Costs

N/A N/A N/A

TOTAL PROJECT
COSTS $13,802,582 $7,134,194 $6,668,388

Resources for Community Development
20-AHSC-14696

EXHIBIT B
Affordable Housing and Sustainable Communities (AHSC) Program Round 5 - Grant
NOFA Date: 11/01/2019
Approved Date: 8/7/2020
Prep. Date: 05/17/2021
SOURCES AND USES – TRA

PROJECT BUDGET

INFRASTRUCTURE DEVELOPMENT BUDGET AND SOURCES

GALINDO TERRACE AND SUSTAINABLE

TRANSPORTATION IMPROVEMENTS

RESOURCES FOR COMMUNITY

DEVELOPMENT

ESTIMATED TRA CAPITAL

IMPROVEMENT PROJECT COSTS

DEVELOPMENT COSTS

BY FUNDING SOURCE

DEVELOPMENT COSTS

COST CATEGORY TOTAL
AMOUNT
AHSC
GRANT

PROGRAM

PROJECT ACTIVITY
(Hard Costs)
Total Project Activity
Costs $1,100,000 $1,100,000

SOFT COST S AND

OTHER PROJECT

RELATED COSTS
$
Total Soft Cost and
Other Project Related
Costs

N/A N/A

TOTAL PROJECT
COSTS $1,100,000 $1,100,000

Resources for Community Development
20-AHSC-14696

EXHIBIT D
Affordable Housing and Sustainable Communities (AHSC) Program Round 5 - Grant
NOFA Date: 11/01/2019
Approved Date: 8/7/2020
Prep. Date: 05/17/2021

AHSC PROGRAM TERMS AND CONDITIONS

GENERAL

1. Effective Date, Commencement of Work and Completion Dates A. This Agreement is effective upon approval by all parties and the Department, which is evidenced by the date signed by the Department on page one, Standard Agreement, STD 213 (the “Effective Date"). The Recipient agrees that neither the construction of the Affordable Housing Development nor the Work has commenced as of the deadline for submittal of applications set forth in the Notice of Funding Availability. The Recipient agrees that the Work shall be completed as specified in this Agreement, and as set forth in the Project Report , hereby incorporated in this Agreement by this reference subject to the Agreement expiration date specified on page 1, number 2, of this Agreement (STD 213), and in Exhibit B, unless a written request for an extension is submitted and written approval by the Department is provided within 90 days prior to the expiration date of the Agreement. Any extension to the expiration date shall require an amendment to this Agreement.

B. Pursuant to §111(a) and (b) of the Guidelines, construction of the Affordable Housing Development and the housing designated in the Application, must commence within two years of the Program award date and be completed (including completion of all phases identified in the Application and accounting for the total number of units on which the Grant award is based) within five years of the Program award date.

2. Termination
Notwithstanding any other provision of this Agreement, the Department may terminate this Agreement at any time for cause by giving at least 14 days notice in writing to the Recipient. Cause shall consist of violations by Recipient of any General of Special Terms and Conditions of this Agreement, to include but not limited to Paragraph 43 of this Exhibit. Upon termination of this Agreement, unless otherwise approved in writing by the Department, any unexpended funds received by the Recipient shall be returned to the Department within 14 days of the Notice of Termination. In the event of withdrawal of the Department's expenditure authority, all obligations of the Department to continue funding any amounts, whether for the benefit of Recipient or any other persons, shall fully and immediately cease and terminate, and the Department shall thereafter have no duty or obligation to undertake or perform any act that it is not legally or practically able to. Department makes no representation or warranty, express or

Resources for Community Development
20-AHSC-14696

EXHIBIT D
Affordable Housing and Sustainable Communities (AHSC) Program Round 5 - Grant
NOFA Date: 11/01/2019
Approved Date: 8/7/2020
Prep. Date: 05/17/2021
implied, to Recipient or any other persons that all or any portion of the Program Grant Documents will be enforceable after the withdrawal of the Department‘s funding authority.

3. Affordable Housing and Sustainable Communities Grant Documents In addition to this Agreement, the Recipient shall execute and enter into a Disbursement Agreement which shall govern the terms, disbursement and use of the Program funds, the Covenant described below, and other additional agreements and documents, as the Department may deem reasonable and necessary to meet the requirements of the Program and the terms and conditions of this Agreement. The Department may request, and if requested, the Recipient shall agree to and record a performance deed of trust ensuring the completion of the Work. Said performance deed of trust shall be recorded against the entire legal parcel underlying the object which it ensures is being constructed.

4. Covenant Regarding the Affordable Housing Development Prior to the disbursement of Program funds, the Recipient shall enter into a written Covenant Regarding the Affordable Housing Development (”Covenant”) with the Department, and including such other parties as the Department may reasonably require, which shall require the development and construction of the Affordable Housing Development with, the number of units and the number of bedrooms per unit, the extent and depth of affordability, as set forth in the Project Report and Exhibit A, and other uses and amenities for which points were granted to the Application. The Covenant shall be recorded against the parcel or parcels of real property on which the Affordable Housing Development is to be located and shall be binding on all successors, transferees, and assignees acquiring an interest in the Affordable Housing Development as follows:

A. For rental affordable housing developments, the Covenant shall require the continuation of the affordability of the Affordable Housing Development for a period of not less than 55 years from the date of the filing of a Notice of Completion for Affordable Housing Development.

B. For homeownership affordable housing developments, the Covenant shall require the continuation of the affordability for a period of not less than 30 years from the date of a filing of a Notice of Completion for the Affordable Housing Development. The affordability will be ensured through a resale restriction or equity sharing upon resale.

Resources for Community Development
20-AHSC-14696

EXHIBIT D
Affordable Housing and Sustainable Communities (AHSC) Program Round 5 - Grant
NOFA Date: 11/01/2019
Approved Date: 8/7/2020
Prep. Date: 05/17/2021
C. The Department may waive this requirement for the Covenant upon the Department’s determination that sufficient protections are in place to ensure the development and continued operation and occupancy of the Affordable Housing Development in accordance with this Agreement.

D. In addition to the Covenant, the Department may request, and if requested, the Recipient shall agree to and record a performance deed of trust ensuring the completion of the Work. Said performance deed of trust shall be recorded against the entire legal parcel underlying the object which it ensures is being constructed. Alternatively, the Department may require that the Covenant contain a power of sale clause, which may be exercised if the Work is not timely completed, or in the event of an uncured breach of this Agreement.

5. Site Control
The Recipient shall ensure that site control of the real property associated with the Work is sufficient to meet the requirements of the Program. This shall include, but not be limited to, ensuring the timely commencement of the Work as determined by the Department. Site control of the Work may be evidenced by one of the following:

A. Fee title;
B. A leasehold interest on the property with provisions that enable the lessee to make improvements on and encumber the property provided that the terms and conditions of any proposed lease shall permit, prior to grant funding, compliance with all program requirements;
C. An enforceable option to purchase or lease which shall extend through the anticipated date of the Program award as specified in the NOFA; D. An executed disposition and development agreement, right of way, or irrevocable offer of dedication to a Public Agency;
E. An executed encroachment permit for construction of improvements or facilities within the public right of way or on public land;
F. An executed agreement with a public agency that gives the applicant exclusive rights to negotiate with the agency for the acquisition of the site; provided that the major terms of the acquisition have been agreed to by all parties; G. A land sales contract or enforceable agreement for acquisition of the property; or

Resources for Community Development
20-AHSC-14696

EXHIBIT D
Affordable Housing and Sustainable Communities (AHSC) Program Round 5 - Grant
NOFA Date: 11/01/2019
Approved Date: 8/7/2020
Prep. Date: 05/17/2021
H. Other forms of site control that give the Department equivalent assurance (equivalent to A-G above) that the applicant or developer will be able to complete the Work and all housing designated in the Application in a timely manner and in accordance with all the requirements of the Program.

The Recipient shall also obtain all licenses, easements and rights-of-way or other interests required for completion of the Work and provide evidence of such instruments prior to the first disbursement of Program funds.

6. Appraisals
Recipient shall, at the request of the Department, provide an appraisal of the real property to be acquired as part of the Work, prepared in a form, and by a qualified appraiser, acceptable to the Department.

7. Relocation Plan
If there is or will be any residential or commercial displacement directly or indirectly caused by the Work, as defined in state law, the Recipient shall provide a relocation plan conforming to the requirements of state law and the regulations adopted by the Department in California Code of Regulations, Title 25, section 6000 et seq. The project and/or the development budget shall contain sufficient funds to pay all costs of relocation benefits and assistance as set forth in the relocation plan accepted by the Department. Should a relocation plan not be required, Recipient must provide documentation for Department approval that there are no relocation requirements.

8. Article XXXIV
The Recipient shall deliver to the Department satisfactory evidence that the requirements of Article XXXIV of the California Constitution are inapplicable or have been satisfied.

9. Environmental Conditions
The Recipient shall provide to the Department the following:

A. All Environmental Site Assessment (“ESA”) Reports (to include Phase I, II, III, supplemental or update assessments and reports) for the Work, in conformance with ASTM Standard Practice E 1527, evaluating whether the Work is affected by any recognized environmental conditions.

Resources for Community Development
20-AHSC-14696

EXHIBIT D
Affordable Housing and Sustainable Communities (AHSC) Program Round 5 - Grant
NOFA Date: 11/01/2019
Approved Date: 8/7/2020
Prep. Date: 05/17/2021
B. Documentation and/or a certification satisfactory to the Department that all ESA Report recommendations including remediation and/or mitigation work have been completed.

C. Mitigation requirements required as a result of the Final Environmental Impact Report (“EIR”) or Mitigated Negative Declaration if applicable and evidence satisfactory to the Department that all mitigation requirements have been satisfied.

10. Compliance with State and Federal Laws, Rules, Guidelines and Regulations The Recipient agrees to comply with all State and Federal laws, rules and regulations that pertain to construction, health and safety, labor, fair employment practices, equal opportunity, and all other matters applicable to the Work, the Recipient, its Contractors or Subcontractors, and any grant activity.

11. Litigation
A. If any provision of this Agreement, or an underlying obligation, is held invalid by a court of competent jurisdiction, such invalidity, at the sole discretion of the Department, shall not affect any other provisions of this Agreement and the remainder of this Agreement shall remain in full force and effect. Therefore, the provisions of this Agreement are, and shall be, deemed severable.

B. The Recipient shall notify the Department immediately of any claim or action undertaken by or against it, which affects or may affect this Agreement or the Department, and shall take such action with respect to the claim or action as is consistent with the terms of this Agreement and the interests of the Department.

12. Milestones
Recipient shall ensure the completion of the Performance Milestones set forth in the Project Report and Exhibit A of this Agreement, and as further set forth in the Disbursement Agreement by the designated dates. Recipient shall timely inform the Department when a milestone is missed or at risk of being missed, provide an update of these timelines and provide assurances from the Recipient for timely completion of the remaining Milestones. Failure to timely notify the Department shall be considered a default under this Agreement.

Resources for Community Development
20-AHSC-14696

EXHIBIT D
Affordable Housing and Sustainable Communities (AHSC) Program Round 5 - Grant
NOFA Date: 11/01/2019
Approved Date: 8/7/2020
Prep. Date: 05/17/2021

13. Insurance
The Recipient shall have and maintain in full force and effect forms of insurance, at such levels and for such periods, in accordance with the Disbursement Agreement.

14. Change of Conditions
Notwithstanding the Department’s obligations to provide payments pursuant to Exhibit B hereof, the Department reserves the right to evaluate the Recipient’s need for Program funds based on new information or funding sources associated with the Work. If the Department determines that the Program funds, or a portion thereof, are no longer necessary to complete the Work, the Department may reduce the amount of the Grant accordingly. In the event the Department determines the Work is no longer financially feasible, any Grant commitment issued by the Department and this Agreement may be terminated.

15. Obligations of Recipient with Respect to Certain Third-Party Relationships The Recipient shall remain fully obligated under the provisions of this Agreement, notwithstanding its designation of any third party or parties for the undertaking of all or any part of the Work with respect to which assistance is being provided under this Agreement. The Recipient shall comply with all lawful requirements of the Department necessary to ensure the completion, occupancy and use of the Work in accordance with this Agreement.

16. Waivers
No waiver of any breach of this Agreement shall be held to be a waiver of any prior or subsequent breach. The failure of the Department to enforce at any time the provisions of this Agreement or to require at any time performance by the Recipient of these provisions shall in no way be construed to be a waiver of such provisions nor to affect the validity of this Agreement or the right of the Department to enforce these provisions.

17. Identity of Interests
As a condition of disbursement, Recipient shall execute a Certificate of Identity of Interest (“Certificate”) listing all relationships constituting an identity of interest with entities providing goods or services in connection with Recipient’s performance of the Work. The Certificate shall be in a form provided by the Department. At the Department’s request, Recipient shall submit contracts, instruments, documents, correspondence or other writings relating to Recipient’s relationship with entities listed in

Resources for Community Development
20-AHSC-14696

EXHIBIT D
Affordable Housing and Sustainable Communities (AHSC) Program Round 5 - Grant
NOFA Date: 11/01/2019
Approved Date: 8/7/2020
Prep. Date: 05/17/2021
the Certificate. The existence and nature of such relationships shall be subject to the review and approval of the Department to the extent necessary to ensure compliance with Program requirements and this Agreement.

DESIGN REQUIREMENTS

18. Architect
The Recipient shall utilize the services an architect and/or an engineer to provide professional design and engineering services for the Work. The contract shall require an architect and/or an engineer to supervise the construction work, conduct periodic site visits, prepare periodic inspection reports, verify the validity of the construction contractor’s payment requests, prepare or review change orders, and, upon completion of construction, provide the certification described in paragraph 33 of these AHSC Program Terms and Conditions. At the request of the Department, Recipient shall submit any and all contracts for these services to the Department for its review and approval.

19. Plans and Specifications and Project Cost Estimates At the request of the Department, the Recipient shall submit plans and specifications and project cost estimates for the Work to the Department for its review and approval. The Work shall be constructed in substantial compliance with the plans and specifications, subject to any change order(s) accepted by the Department where such acceptance is required.

20. Reasonable Development Costs
At the request of the Department, the Recipient shall provide evidence acceptable to the Department that the total costs of the Work are reasonable and necessary for the proposed improvements. To verify cost reasonableness, the Department may require qualified third-party verification of cost, evidence of the competitive bidding of major cost components and appraisals.

21. Adaptability and Accessibility
The Work shall comply with all applicable federal, state and local laws regarding adaptability and accessibility for persons with disabilities in the design, construction and rehabilitation of projects.

Resources for Community Development
20-AHSC-14696

EXHIBIT D
Affordable Housing and Sustainable Communities (AHSC) Program Round 5 - Grant
NOFA Date: 11/01/2019
Approved Date: 8/7/2020
Prep. Date: 05/17/2021

22. Acoustics Report
Upon request, the Recipient shall provide the Department with an acoustics report for the Affordable Housing Development in form acceptable to the Department.

23. Approval by Public Works Department
Where approval by a local public works department, or its equivalent, is required for the Work, the Recipient must submit, prior to the disbursement of Grant funds, a statement from that department, or other documentation acceptable to the Department, indicating that the Work has been approved by that department.

CONSTRUCTION REQUIREMENTS

24. Construction Contract
Except for work performed by its own employees, the Recipient shall enter into a written construction contract or contracts (“Construction Contract(s)”) with a duly licensed contractor or contractors (“Contractor(s)”) for the construction activities of the Work. The Construction Contract(s) shall require, where applicable, prevailing wages be paid in conformance with Labor Code section 1720 et seq. and applicable provisions of this Agreement. The Construction Contract(s) and any amendments thereto shall be subject to the prior approval of the Department.

25. Contractor's Assurance of Completion
The Contractor(s) shall provide security to assure completion of the Work by furnishing the Recipient with Performance and Payment Bonds, or a Letter of Credit, which shall remain in effect during the entire term of the Construction Contract(s), and which shall be in a form and from an issuer which is acceptable to the Department. The Performance Bond shall be in an amount at least equal to 100 percent of the approved construction costs included in the Construction Contract(s) to provide security for the faithful performance of the Construction Contract(s) including a warranty period of at least 12 months after completion. The Payment Bond shall be in an amount at least equal to 100 percent of the approved construction costs included in the Construction Contract(s) to provide security for the payment of all persons performing labor on the Work and furnishing materials in connection with the Construction Contract. A Letter of Credit shall be in an amount equal to at least 20 percent of the approved construction costs included in the Construction Contract(s), in the form of an unconditional irrevocable, stand-by letter of credit. The Department shall be named as an additional obligee in the Bonds or an additional beneficiary under the Letter of Credit.

Resources for Community Development
20-AHSC-14696

EXHIBIT D
Affordable Housing and Sustainable Communities (AHSC) Program Round 5 - Grant
NOFA Date: 11/01/2019
Approved Date: 8/7/2020
Prep. Date: 05/17/2021

26. Prevailing Wages
Pursuant to Section 113 of the Guidelines, for the purposes of the State Prevailing Wage Law (Labor Code Sections 1720-1781), a grant under the Program shall be considered public funding for the construction, rehabilitation, demolition, relocation, preservation, or other physical improvement of the Work subject to the provisions of the State Prevailing Wage Law. Program
funding of the Work shall not necessarily, in and of itself, be considered public funding of a Housing Development unless such funding is otherwise considered public funding under the State Prevailing Wage Law. It is not the intent of the Department to subject Housing Developments to
the State Prevailing Wage Law by reason of Program funding of the Work in those circumstances where such public funding would not otherwise make the Housing Developments subject to the State Prevailing Wage Law. Although the use of Program funds does not require compliance with federal Davis-Bacon wages, other funding sources may require compliance with federal Davis-Bacon wages. The Recipient shall prepare a plan for compliance with this section, which plan shall be subject to the review and approval of the Department.

27. Construction Phase Information
If requested by the Department, the Recipient shall provide the Department:

A. Information during the construction period, including but not limited to all change orders and modifications to the construction documents, and all inspection reports of the Work. Upon written notice to Recipient, the Department may require its advance written approval of all future change orders and modifications. Deviations from the plans and specifications which have the effect of reducing the quality, life or utility of a specified item or system must receive the prior written approval of the Department. Should change orders be submitted to the Department for its approval, they shall be deemed accepted if not rejected in writing within 10 business days of receipt by the Department. Recipient shall not authorize or approve any change orders rejected by the Department where the Department’s approval is required.

B. Information during the construction period including but not limited to all change orders and modifications to the construction documents, all inspection reports prepared by the Housing Development architect and other consultants, and information relative to the Housing Development income, expenses, occupancy, relocation benefits and expenses, contracts, operations and conditions of the Housing Development. Upon written notice to Recipient, the Department may

Resources for Community Development
20-AHSC-14696

EXHIBIT D
Affordable Housing and Sustainable Communities (AHSC) Program Round 5 - Grant
NOFA Date: 11/01/2019
Approved Date: 8/7/2020
Prep. Date: 05/17/2021
require its advance written approval of all future change orders and modifications. Deviations from the plans and specifications which have the effect of reducing the quality, life or utility of a specified item or system must receive the prior written approval of the Department. Should change orders be submitted to the Department for its approval, they shall be deemed accepted if not rejected in writing within 10 business days of receipt by the Department. Recipient shall not authorize or approve any change orders rejected by the Department where the Department’s approval is required.

28. Signage
A. Recipient shall place signs on the construction site for the Work stating that the Department is providing financing through the Program in an appropriate location(s), typeface and size containing the following message:

GALINDO TERRACE AND SUSTAINABLE TRANSPORTATION IMPROVEMENTS

THIS PROJECT HAS BEEN MADE POSSIBLE

BY FINANCING FROM

CALIFORNIA CLIMATE INVESTMENTS
(Funded through the GREENHOUSE GAS REDUCTION FUND)

AFFORDABLE HOUSING AND SUSTAINABLE COMMUNITIES PROGRAM

THROUGH THE

STRATEGIC GROWTH COUNCIL AND

THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT B. The sign shall be maintained in a prominent location visible and legible to the public through construction completion. If the job sign includes the acknowledgment and/or logo of one or more other public lenders or grantors, the acknowledgement and logos required by this Paragraph 28 shall also be displayed in a similar size and layout. Copies of the Department, SGC and California Climate Investments (“CCI”) logos can be obtained by contacting the HCD Contract Coordinator.

C. Upon installation of the sign, the Recipient shall submit a digital photograph thereof to the Department. The Recipient will also provide the Department, upon its request, with copies of any photographs that may be taken of the Work by or on behalf of the Recipient or its architect. The Recipient will provide an acceptable written consent and release agreement authorizing use of said photographs, all at no expense to the Department.

Resources for Community Development
20-AHSC-14696

EXHIBIT D
Affordable Housing and Sustainable Communities (AHSC) Program Round 5 - Grant
NOFA Date: 11/01/2019
Approved Date: 8/7/2020
Prep. Date: 05/17/2021

INSPECTION OF GRANT ACTIVITIES

29. Site Inspection
The Department reserves the right, upon reasonable notice, to inspect the Work site and any structures or other improvements thereon to determine whether the Work site meets the requirements of Program and this Agreement. If the Department reasonably determines that the site is not acceptable for the proposed Work in accordance with the Guidelines, the Department reserves the right to cancel its funding commitment and this Agreement.

30. Work Inspection
A. The Department and any authorized representative of the Department shall have the right, during construction and thereafter, to enter upon and inspect the construction of the Work to ensure that the construction is being and has been performed in accordance with the applicable Federal, State, and /or local requirements, the Guidelines and the terms of this Agreement. Such right to inspect shall include, but shall not be limited to, the right to inspect all work done, all materials and equipment used or to be used, and all books and records, including payroll records, maintained in connection with the construction work.

Such right of inspection shall be exercised in a reasonable manner.

B. The Recipient shall be required to correct all circumstances found by such inspections not to conform to the applicable Program requirements, and to withhold payment to the Contractor and/or Subcontractor(s) until action(s) to correct the non-conforming circumstances is/are corrected by the Recipient and approved by the Department.

C. The Department reserves the right to withhold payment for any costs found not to conform to applicable Program requirements until such actions have been taken to correct the non-conforming circumstances and such corrective actions have been approved by the Department.

D. The Department shall have no affirmative duty to inspect the Work and shall incur no liability for failing to do so. Once having undertaken any inspection, neither the Department, nor any representative of the Department shall incur any liability for failing to make any such inspection properly, or for failing to complete any such inspection. The fact that such inspection may or may not have occurred shall not relieve the Recipient, the contractor, the construction lender,

Resources for Community Development
20-AHSC-14696

EXHIBIT D
Affordable Housing and Sustainable Communities (AHSC) Program Round 5 - Grant
NOFA Date: 11/01/2019
Approved Date: 8/7/2020
Prep. Date: 05/17/2021
the architect, the structural engineer, the locality or anyone else of any obligation to inspect the Work.

31. Audit/Retention and Inspection
A. The Department, its representatives or employees, or its delegatee shall have the right to review, obtain, and copy all records pertaining to performance of the Agreement. Recipient shall provide the Department or its delegatee with any relevant information requested and shall permit the Department or its delegatee access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material. Recipient further agrees to maintain such records for a minimum period of four years after final payment under the Agreement, unless a longer period of records retention is stipulated.

B. Payment for any cost which is not authorized by this Agreement or which cannot be adequately documented shall be disallowed and must be reimbursed to the Department or its designee by the Recipient.

C. At any time during the term of this Agreement, the Department may perform or cause to be performed a financial audit of any and all phases of the Work. At the Department’s request, the Recipient shall provide, at its own expense, a financial audit prepared by a certified public accountant.

D. The audit shall be performed by a qualified State, Department, local or independent auditor. The Agreement for audit shall include a clause which permits access by the Department to the independent auditor's working papers.

E. If there are audit findings, the Recipient shall submit a detailed response to the Department for each audit finding. The Department will review the response and, if it agrees with the response, the audit process ends, and the Department will notify the
Recipient in writing. If the Department is not in agreement, the Recipient will be contacted in writing and will be informed as to the corrective actions required to cure any audit deficiencies. This action could include the repayment of disallowed costs or other remediation.

F. If so directed by the Department upon termination of this Agreement, the Recipient shall cause all records, accounts, documentation and all other materials relevant to this Agreement to be delivered to the Department as depository.

Resources for Community Development
20-AHSC-14696

EXHIBIT D
Affordable Housing and Sustainable Communities (AHSC) Program Round 5 - Grant
NOFA Date: 11/01/2019
Approved Date: 8/7/2020
Prep. Date: 05/17/2021

COMPLETION OF CONSTRUCTION

32. Relocation Plan Implementation Report
The Recipient shall provide a report, in a form acceptable to the Department, summarizing the actions taken and identifying all recipients of relocation assistance and benefits, and the amounts paid, and benefits provided, to or on behalf of each recipient.

33. Architect Certification
Where required by the Department, the Recipient shall cause the Work architect(s) or other appropriate professional to certify to the Department, in form acceptable to the Department, that all construction is completed in accordance with the “as-built” Plans and Specifications and in compliance with all applicable federal, state and local laws relating to disabled accessibility.

34. Cost Certification
At the request of the Department, the Recipient shall submit a Work cost certification that shall have been audited by an independent certified public accountant in accordance with the requirements of the Department and the California Tax Credit Allocation Committee, if applicable. The Recipient (and the developer or builder if there is an identity of interest with the Recipient) shall keep and maintain records of all construction costs not representing work done under the construction contract and to make such records available for review by the Department.

35. Recorded Notice of Completion
The Recipient shall provide to the Department a certified copy of any Notice of Completion for the Housing Development recorded in the county in which the Housing Development is located.

36. “As-Built” Plans and Specifications
Upon completion, at the request of the Department, the Recipient shall submit “as-built” plans and specifications for the Work and Housing Development acceptable to the Department.

Resources for Community Development
20-AHSC-14696

EXHIBIT D
Affordable Housing and Sustainable Communities (AHSC) Program Round 5 - Grant
NOFA Date: 11/01/2019
Approved Date: 8/7/2020
Prep. Date: 05/17/2021

AFFORDABLE HOUSING DEVELOPMENT REQUIREMENTS

37. Confirmation of Permitted Housing Units

Conditions precedent to the first disbursement of Program funds shall include receipt of all required public agency entitlements and all required funding commitments for the Affordable Housing Development. The housing units to be developed in the Affordable Housing Development must be completed, as evidenced by receipt of a certificate of occupancy, within the time period established in this Agreement.

REPORTING REQUIREMENTS

38. Reports on California Climate Investments
Upon Department’s request, Recipient shall provide to the Department any and all necessary data that it is legally and factually able to provide that is required to be reported pursuant to the most recently adopted Funding Guidelines for California Climate Investments by the California Air Resources Board.

39. Reports on Work
Recipient shall submit, upon request of the Department, a periodic performance report regarding the construction or implementation of the Work. The reports will be filed on forms provided by the Department.

40. Reports on Affordable Housing Development
Recipient shall submit to the Department periodic reports, as required by the Department, but not less than annually, describing the development, construction and occupancy of the Affordable Housing Development and the housing designated in the Application. The report shall include, but not limited to, information regarding unit affordability and occupancy, construction and permanent financing evidenced by commitment letters, and a construction and completion schedule demonstrating compliance with this Agreement and the Guidelines. The reports will be filed on forms provided by the Department.

41. Updated Information
Recipient shall provide the Department updated documentation for any substantial change in the information previously provided relating to the Work and the conditions described above.

Resources for Community Development
20-AHSC-14696

EXHIBIT D
Affordable Housing and Sustainable Communities (AHSC) Program Round 5 - Grant
NOFA Date: 11/01/2019
Approved Date: 8/7/2020
Prep. Date: 05/17/2021

42. Monitoring Requirements
The Program may perform program and/or fiscal monitoring of the Grant. The Recipient agrees to cooperate with any such monitoring and provide reasonable access to all Work files, records, documents and other information to employees or representatives of the Department. The Recipient shall resolve any monitoring findings to the Program's satisfaction by the deadlines set by the Department.

REPAYMENT OF GRANT FUNDS

43. Breach of this Agreement
In the event of a breach or violation by the Recipient of any of the provisions of this Agreement, including without limitation, the times for commencement and completion of the construction of the Affordable Housing Development and the housing designated in the Application as set forth in Paragraph 1.B. of this Exhibit D, the Department may give written notice to the Recipient to cure the breach or violation within a period of not less than 30 days. If the breach or violation is
not cured to the satisfaction of the Department within the specified time period, the Department, at its option, may declare a default of the Agreement and may seek remedies for the default, including the following:

A. The Department may terminate this Agreement and demand repayment of the Program funds to the extent that work for costs to be paid by Program funds as provided in Exhibit B remains unperformed or uncompleted. Recipient shall be liable for all costs to complete all such uncompleted or unperformed work.

B. The Department may seek, in a court of competent jurisdiction, an order for specific performance of the defaulted obligation or the appointment of a receiver to complete the Work in accordance with Program requirements.

C. The Department may seek such other remedies as may be available under this Agreement or any law.

D. This Agreement may be canceled by the Department under any of the following conditions:
1) An uncured breach or violation by Recipient of this Agreement or the Disbursement Agreement;

Resources for Community Development
20-AHSC-14696

EXHIBIT D
Affordable Housing and Sustainable Communities (AHSC) Program Round 5 - Grant
NOFA Date: 11/01/2019
Approved Date: 8/7/2020
Prep. Date: 05/17/2021
2) The objectives and requirements of the Program cannot be met by continuing the commitment or this Standard Agreement;
3) Construction of the Work or Housing Development cannot proceed in a timely fashion in accordance with the Performance Milestones in Exhibit A of this Agreement; and,
4) Funding or disbursement conditions have not been or cannot be fulfilled within required time periods.

44. AHSC Cross-Default Provision
This award was based on the total points awarded the Recipient’s Application, during a highly competitive process. The Application proposed an integrated combination of some or all of the following Project components:

Affordable Housing Development (AHD);
Housing-Related Infrastructure (HRI);
Sustainable Transportation Infrastructure (STI);
Transportation-Related Amenities (TRA); and
Program (PGM)
The Application’s point score was based, in part, on the Project’s total projected reduction of greenhouse gas (GHG) emissions. The Project components (AHD, HRI, STI, TRA, and PGM) that were proposed in the Application and approved by the Department must be completed in order to achieve this projected reduction of GHG emissions. By executing this Standard Agreement, the Recipient acknowledges and agrees, that in the event the AHD component is not timely completed pursuant to Program requirements, that the Recipient will no longer qualify for the Grant award. In that event, all disbursements of Grant funds would cease and the Recipients would be responsible for repayment of all disbursed Grant funds.

45. Departmental Cross-Default Provision
In the event the Project or Development is or has been awarded any other Departmental grant or loan funding in addition to the AHSC Loan and AHSC Grant contemplated by the Award Letter from the Department to Recipient (each such funding, including the AHSC Loan and AHSC Grant referenced in the Award Letter, being a “Departmental Funding”), then each Departmental Funding will be cross-defaulted to the other Departmental Funding so that:

Resources for Community Development
20-AHSC-14696

EXHIBIT D
Affordable Housing and Sustainable Communities (AHSC) Program Round 5 - Grant
NOFA Date: 11/01/2019
Approved Date: 8/7/2020
Prep. Date: 05/17/2021
A. the compliance by the obligated party(ies) under the Department’s documentation relating to one Departmental Funding shall be a condition precedent to the funding and disbursement of the funds to be provided under all of the other Departmental Fundings; and
B. a default under one Departmental Funding shall constitute a default under all of the other Departmental Fundings.

The loan and grant documentation for each Departmental Funding shall reflect the cross-defaulted nature of all such fundings.

Resources for Community Development
20-AHSC-14696

EXHIBIT E
Affordable Housing and Sustainable Communities (AHSC) Program Round 5 - Grant
NOFA Date: 11/01/2019
Approved Date: 8/7/2020
Prep. Date: 05/17/2021

SPECIAL CONDITIONS
The following Special Conditions are applicable to this Standard Agreement:

1. Restrictions on Transfer and Change of Ownership: Galindo, L.P. (the “Ultimate Borrower”) shall not, without the prior written approval of the Department: a) sell, transfer, convey, encumber, hypothecate, or pledge any of the Development of the Development property, or any portion or interest in either of them; b) wind-up, liquidate, or dissolve its affairs or enter into any transaction of merger or consolidation; c) admit any additional general or managing partner; d) discharge or replace any general or managing partner, or amend, modify, or add to its Limited Partnership Agreement except that the Ultimate Borrower may sell or transfer limited partnership interests without the Department’s approval.

RCD GP III, LLC (the “LLC”) shall not, without the prior written approval of the Department, a) change its manager(s), amend, modify, or add to its Operating Agreement or management structure; b) wind-up, liquidate, or dissolve their affairs or enter into any transaction of merger or consolidation; or c) change the organizational structure of the Ultimate Borrower.”

2. Sponsor Control of Development: Prior to or at Construction closing, Resources for Community Development must provide evidence satisfactory to the Department that it has and will retain full control over the Development, construction, ownership and management of the Development through control of the Galindo, L.P. (either directly or by controlling the managing general partner of Galindo, L.P.) by Resources for Community Development or an affiliate organization controlled by Resources for Community Development. Resources for Community Development is the entity which garnered the experience points at the application stage and therefore must be the entity which controls Galindo, L.P. at construction, through permanent close of escrow, and into management and operation of the project. The failure to demonstrate requisite control of Galindo, L.P. by Resources for Community Development may result in significant delay in processing, or potentially cancellation of the Affordable Housing and Sustainable Community (“AHSC”) Loan. When requested by the Department, Resources for Community Development and any affiliate of Resources for Community Development which demonstrated the requisite experience of owning and developing affordable rental housing, must execute the Department’s Sponsor Operating Guarantee to ensure that Galindo, L.P. has the resources and experience to develop, own, and manage the Development. The organizational structure of Galindo, L.P., including the control and ownership by Resources for Community Development, and any changes thereto, must be

Resources for Community Development
20-AHSC-14696

EXHIBIT E
Affordable Housing and Sustainable Communities (AHSC) Program Round 5 - Grant
NOFA Date: 11/01/2019
Approved Date: 8/7/2020
Prep. Date: 05/17/2021
reviewed and approved by the Department and must comply with all program requirements, including without limitation UMR 8301(s) and UMR 8313.2(a)(3).

3. Not less than 60 days prior to construction loan closing, the Applicant shall provide updated financial documents including, but not limited to the development budget, development sources and uses, schedule of rents and unit mix, operating budget and 20- year cash-flow analysis, which are acceptable to the Agency and demonstrate compliance with the 2017 Uniform Multifamily Regulations. All changes to the proposed project must be approved by the Agency.

4. The Applicant who garnered the experience points at the application stage must maintain control of the borrowing entity at construction, through permanent loan closing and into management and operation of the project. Prior to construction loan closing, the Applicant shall provide organizational documents acceptable to the Agency demonstrating that the experienced Applicant has the authority to exercise control of the borrowing entity in compliance with Section 8301(s) of the Uniform Multifamily Regulations.

5. Sponsor Site Control Documentation. Ninety (90) days prior to Construction Close of Escrow, Resources for Community Development (the “Sponsor”) must provide the Department evidence of requisite Site Control. Such evidence of Site Control must comply with the requirements contemplated by this Agreement and the Program Requirements including, but not limited to, Cal. Code Regs., tit. 25, sections 8303 and 8316. Site Control shall be considered satisfied provided that Sponsor maintains its control over the Ultimate Borrower per UMR 8313.2 (a)(3) and the Site Control Documentation satisfies the Program Requirements, including, but not limited to, the above referenced sections 8303, 8313.2(a)(3), and 8316.

6. Exhibit B, Paragraphs 4(A)-(D) – Completion Dates.

Paragraphs 4(A) through 4(D) of Exhibit B are hereby deleted in their entirety and the following are substituted in their place:

A. Program funds must be disbursed no later than December 31, 2026.

B. All undisbursed funds remaining as of December 31, 2026, shall be disencumbered.

Resources for Community Development
20-AHSC-14696

EXHIBIT E
Affordable Housing and Sustainable Communities (AHSC) Program Round 5 - Grant
NOFA Date: 11/01/2019
Approved Date: 8/7/2020
Prep. Date: 05/17/2021
C. All invoices for payment must be submitted to the Department no later than July 30, 2026.

D. This Agreement shall expire on June 30, 2041.

$0
$0$0$0$0$0$0$0
$0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
$408,000 $408,000$510,255 $510,255
$94,440 $94,440
$0 $0
$17,400 $17,400
$0 $0
$0
$1,030,095 $0 $0 $0 $0 $0 $0 $0 $0 $0 $1,030,095
$6,000 $6,000
$0
$63,720 $63,720
$0$0
$69,720 $0 $0 $0 $0 $0 $0 $0 $0 $0 $69,720
$0
$94,407 $94,407
$728,780 $728,780$920,400 $920,400$593,238 $593,238
$5,040 $5,040
$204,000 $204,000
$0$0$0$0
$2,545,865 $0 $0 $0 $0 $0 $0 $0 $0 $0 $2,545,865
$0$0$0$0$0$0$0$0$0$0$0$0
$0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
$112,320 $112,320
$42,000 $42,000
$0
$154,320 $0 $0 $0 $0 $0 $0 $0 $0 $0 $154,320
$0$0
$0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
$0$0
Galindo Terrace and Sustainable Transportation Improvements Sustainable Transportation Infrastructure (STI) Sources and Uses Budget PIN 45574 0 AHSC STI Grant MTC BART Car Exchange Fund 0000000
If proposing multiple distinct STI Capital Projects, provide detail for each Project in separate budgets below. Amounts from each budget will autosum at the bottom. The sum will be used to determine the total STI funds requested and cost cap.

Other Activity Costs (Specify):Other Activity Costs (Specify):Total Impact FeesTotal Urban GreeningProvide Name of Impact FeeProvide Name of Impact FeeBioretentionStreet TreesUrban Greening (Specify):Other Transit and Station Areas (Specify):Other Transit and Station Areas (Specify):Total Transit and Station Areas - ConstructionBus/Transit SheltersVehiclesOther ITS TechnologySignaling Prioritization Technology Boarding infrastructureSeating/BenchesStriping/Barricades (for dedicated bus lanes)Street LightsSignageOther Complete Street Improvements (Specify):Total Complete Streets Improvements - ConstructionRoundabouts, median islands or curb extensionsOther traffic calming surface improvementsOther Complete Street Improvements (Specify):Striping/Barricades (Bicycle Facilities)SignageCrossing and Traffic SignalsAsphalt PavementSidewalk, Curb and GutterStreet LightsIrrigationStorm DrainDetention Basin/CulvertsTotal Site PreparationSanitary SewerOther Site Preparation (Specify):DemolitionClearing and GrubbingOther Soft Costs (Specify):Total Soft Costs STI BUDGET #1 - Downtown Corridors Bicycle and Pedestrian Improvement Project Cost Category

ALL FUNDING SOURCES
Comments
GradingSoil Stabilization (Lime, etc.)Erosion/Weed ControlDewateringSidewalk, Curb and GutterOther Soft Costs (Specify):Right of way support costsSite or right of way acquisition for Cap. Improvement ProjectEnvironmental review/studiesOther Soft Costs (Specify):Plan Specification and Estimates Sources Total
Other Site Utilities (Specify):Total Site UtilitiesAggregate BaseOther Soft Costs (Specify):

AHSC R5 Page 1 of 4 STI S&U Budget

Galindo Terrace and Sustainable Transportation Improvements Sustainable Transportation Infrastructure (STI) Sources and Uses Budget PIN 45574 0 AHSC STI Grant MTC BART Car Exchange Fund 0000000
If proposing multiple distinct STI Capital Projects, provide detail for each Project in separate budgets below. Amounts from each budget will autosum at the bottom. The sum will be used to determine the total STI funds requested and cost cap.

Cost Category

ALL FUNDING SOURCES
Comments Sources Total
$0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
$0$0$0
$0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
$3,800,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $3,800,000
$0$0$0$0$0$0$0$0
$0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
$0$0$0$0$0$0$0
$0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
$0$0$0$0$0
$0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
$0$0$0$0$0$0$0$0$0$0$0
$0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
$0$0$0$0$0$0$0$0
$3,334,194 $6,668,388 $10,002,582
$0$0$0
$3,334,194 $6,668,388 $0 $0 $0 $0 $0 $0 $0 $0 $10,002,582 GradingSoil Stabilization (Lime, etc.)Erosion/Weed ControlDewateringSidewalk, Curb and GutterTotal Site PreparationSanitary SewerIrrigationStorm DrainDetention Basin/CulvertsOther Site Utilities (Specify):Total Site UtilitiesAggregate BaseEnvironmental review/studiesRight of way support costsSite or right of way acquisition for Cap. Improvement ProjectOther Soft Costs (Specify):Other Soft Costs (Specify):Other Soft Costs (Specify):Total Soft CostsClearing and GrubbingDemolitionEmployee ReportingTotal STI #1 Budgeted Project CostsTransit Operations for service expansion §103(a)(3)(A)(v)Other Capital Asset Costs (Specify):Total Other Capital Asset CostsTotal Activity Delivery Costs STI BUDGET #2 - Increased capacity on BART service
Other Site Preparation (Specify):Plan Specification and EstimatesProvide Urban Greening Details and explain unusual or extraordinary circumstances that have resulted in higher than expected project costs; provide a justification as to why these costs are reasonable. Asphalt PavementSidewalk, Curb and GutterStreet LightsStriping/Barricades (Bicycle Facilities)SignageCrossing and Traffic SignalsRoundabouts, median islands or curb extensionsOther traffic calming surface improvementsOther Complete Street Improvements (Specify):Other Complete Street Improvements (Specify):Total Complete Streets Improvements - Construction Striping/Barricades (for dedicated bus lanes)Street LightsSignageSignaling Prioritization Technology Boarding infrastructureSeating/BenchesBus/Transit SheltersVehiclesOther ITS TechnologyOther Transit and Station Areas (Specify):Other Transit and Station Areas (Specify):Total Transit and Station Areas - ConstructionOther Soft Costs (Specify):

AHSC R5 Page 2 of 4 STI S&U Budget

Galindo Terrace and Sustainable Transportation Improvements Sustainable Transportation Infrastructure (STI) Sources and Uses Budget PIN 45574 0 AHSC STI Grant MTC BART Car Exchange Fund 0000000
If proposing multiple distinct STI Capital Projects, provide detail for each Project in separate budgets below. Amounts from each budget will autosum at the bottom. The sum will be used to determine the total STI funds requested and cost cap.

Cost Category

ALL FUNDING SOURCES
Comments Sources Total
$0$0$0
$0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
$0$0
$0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
$0$0
$0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
$0$0$0
$0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
$3,334,194 $6,668,388 $0 $0 $0 $0 $0 $0 $0 $0 $10,002,582 $0$0$0$0$0$0$0$0
$0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
$0$0$0$0$0$0$0
$0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
$0$0$0$0$0
$0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
$0$0$0$0$0$0$0$0$0$0$0
$0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
$0$0$0$0
Aggregate BaseAsphalt PavementSidewalk, Curb and GutterStreet LightsStriping/Barricades (Bicycle Facilities)SignageCrossing and Traffic SignalsRoundabouts, median islands or curb extensionsOther traffic calming surface improvementsOther Complete Street Improvements (Specify):Other Complete Street Improvements (Specify):Sidewalk, Curb and GutterProvide Urban Greening Details and explain unusual or extraordinary circumstances that have resulted in higher than expected project costs; provide a justification as to why these costs are reasonable. GradingSoil Stabilization (Lime, etc.)Erosion/Weed ControlDewateringUrban Greening (Specify):Urban Greening (Specify):Urban Greening (Specify):Total Urban GreeningProvide Name of Impact FeeProvide Name of Impact FeeTotal Impact FeesOther Soft Costs (Specify):Other Soft Costs (Specify):Other Soft Costs (Specify):Other Soft Costs (Specify):Total Soft CostsPlan Specification and EstimatesOther Activity Costs (Specify):Other Activity Costs (Specify):Total Activity Delivery CostsTransit Operations for service expansion §103(a)(3)(A)(v)Other Capital Asset Costs (Specify):Total Other Capital Asset CostsTotal STI #2 Budgeted Project Costs STI BUDGET #3 -
Environmental review/studiesSite or right of way acquisition for Cap. Improvement ProjectTotal Complete Streets Improvements - ConstructionStriping/Barricades (for dedicated bus lanes)Street LightsSignageDemolitionOther Site Preparation (Specify):Total Site PreparationSanitary SewerIrrigationStorm DrainDetention Basin/CulvertsOther Site Utilities (Specify):Total Site UtilitiesRight of way support costsEmployee ReportingClearing and Grubbing AHSC R5 Page 3 of 4 STI S&U Budget

Galindo Terrace and Sustainable Transportation Improvements Sustainable Transportation Infrastructure (STI) Sources and Uses Budget PIN 45574 0 AHSC STI Grant MTC BART Car Exchange Fund 0000000
If proposing multiple distinct STI Capital Projects, provide detail for each Project in separate budgets below. Amounts from each budget will autosum at the bottom. The sum will be used to determine the total STI funds requested and cost cap.

Cost Category

ALL FUNDING SOURCES
Comments Sources Total
$0$0$0$0$0$0$0$0
$0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
$0$0$0
$0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
$0$0
$0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
$0$0
$0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
$0$0
$0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
$0$0$0
$0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0$0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0$0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $1,030,095 $0 $0 $0 $0 $0 $0 $0 $0 $0 $1,030,095
$69,720 $0 $0 $0 $0 $0 $0 $0 $0 $0 $69,720
$2,545,865 $0 $0 $0 $0 $0 $0 $0 $0 $0 $2,545,865$3,334,194 $6,668,388 $0 $0 $0 $0 $0 $0 $0 $0 $10,002,582 $154,320 $0 $0 $0 $0 $0 $0 $0 $0 $0 $154,320
$0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0$0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0$0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $7,134,194 $6,668,388 $0 $0 $0 $0 $0 $0 $0 $0 $13,802,582 Total Urban GreeningTotal Activity Delivery CostsTotal Impact FeesTotal Other Capital Asset CostsTotal STI Budgeted Project CostsProvide Urban Greening Details and explain unusual or extraordinary circumstances that have resulted in higher than expected project costs; provide a justification as to why these costs are reasonable. Provide Name of Impact FeeTotal Impact FeesTotal Soft CostsTotal Site PreparationTotal Site UtilitiesTotal Complete Streets Improvements - ConstructionTotal Transit and Station Areas - Construction

TOTAL SUSTAINABLE TRANSPORTATION INFRASTRUCTURE (STI) BUDGET Other Activity Costs (Specify):Other Activity Costs (Specify):Total Activity Delivery CostsTransit Operations for service expansion §103(a)(3)(A)(v)Other Capital Asset Costs (Specify):Total Other Capital Asset CostsTotal STI #3 Budgeted Project CostsSignaling Prioritization Technology Boarding infrastructureSeating/BenchesBus/Transit SheltersVehiclesOther ITS TechnologyOther Transit and Station Areas (Specify):Other Transit and Station Areas (Specify):Total Transit and Station Areas - ConstructionEmployee ReportingOther Activity Costs (Specify):Other Activity Costs (Specify):Total Activity Delivery CostsUrban Greening (Specify):Urban Greening (Specify):Urban Greening (Specify):Total Urban GreeningProvide Name of Impact Fee AHSC R5 Page 4 of 4 STI S&U Budget

From: Adam Levine
To: Cao, Tianjun; Patel, Virendra
Cc: Julia Bennett
Subject: RE: AHSC disbursement
Date: Thursday, July 28, 2022 2:54:17 PM
Attachments: 20-AHSC-14696 (Galindo Grant SA) (SIGNED).pdf RE Galindo AHSC agreements.msg
45574 - AHSC Application.xlsm
Hi Tianjun,
I wasn’t entirely clear on this point myself, and just checked in with HCD. They confirmed that, in fact, there is no document that specifically allocates a dollar amount for the different STI scopes.

That level of detail is kind of lost in the Standard Agreement.

Attached, please find:

Standard Agreement: Exhibit A describes the “Downtown Corridors Bicycle and Pedestrian Improvement Project” and Exhibit B shows the full $7,134,194 allocated for all STI projects AHSC Application: The STI S&U Budget tab shows the breakout of the $3.8M for the Downtown Corridors project and $3,334,194 for the BART car purchase.

Email from HCD: Confirms that there is not a separate agreement specifically breakout out the two amounts.

Please let me know if you have any questions on this.

Thanks,
Adam
Adam Levine | RCD | 510 841 4410 x331
From: Cao, Tianjun <[email protected]>
Sent: Wednesday, July 27, 2022 4:17 PM
To: Adam Levine <[email protected]>; Patel, Virendra <[email protected]> Cc: Julia Bennett <[email protected]>
Subject: RE: AHSC disbursement
The City’s internal procedures do not allow for advertisement and award of a construction project unless an executed document showing funding approval has been brought to City Council for acceptance, in this case it would be the disbursement agreement. Unless there is another document you have readily available that states the amount of funding going specifically to the Downtown Corridors Bicycle and Pedestrian Improvements Project, signed by someone representing the funding agency. If you have any questions, please let me know.

Thank you,
Tianjun Cao, PE

Staff Report
Date: September 27, 2022
To: City Council
From: Valerie J. Barone, City Manager
Prepared by: Justin Ezell, Assistant City Manager
[email protected]
(925) 671-3155
Subject: Considering a presentation on recommendations from the Council Ad Hoc Committee for the American Rescue Plan Act Investment Plan and providing direction to staff on next steps.

Report in Brief
During the April 26, 2022 City Council meeting a motion was made by Councilmember McGallian and seconded by Councilmember Birsan to direct staff to agendize the creation of an Ad Hoc Committee to further revise staff’s recommended American Rescue Plan Act (ARPA) funding spending categories, dollar allocations to spending categories, and the process for allocating funds within each spending category. Mayor Aliano subsequently announced the formation of a Council Ad Hoc Committee during the May 3, 2022 City Council meeting by appointing himself and Vice Mayor Hoffmeister to the Committee.

The Ad Hoc Committee finalized its recommendations to Council. In broad strokes the Committee’s recommendations include: allocating $7 million for City projects including infrastructure, public safety, and special events; $7 million to be distributed through grants to nonprofit organizations for housing and non-housing projects; $3 million to be combined with the previously allocated funds ($2.4 million) for providing support to the unhoused; and $2 million to be distributed through grants to small businesses including licensed Family Child Care Homes.

Recommended Action
Receive a presentation from staff on recommendations from the Council Ad Hoc Committee for the American Rescue Plan Act Investment Plan, and provide direction to staff on next steps.

8.a

City Council Agenda Report
Agenda Item No. 8.a
September 27, 2022
Background
ARPA is a $1.9 trillion economic stimulus bill passed by the 117th United States Congress as H.R. 1319 and signed into law by the President on March 11, 2021. The main objective of the act is to speed up the United States’ recovery from the economic and health effects of the COVID-19 pandemic and the ongoing recession. The City of Concord received a total of $27,040,883 directly from the U.S. Treasury, split into two payments. The first payment was received in May 2021 with the second payment received in June 2022
Funding for eligible expenditures must be spent or obligated by December 31, 2024, with a covered expenditure period of March 3, 2021 through December 31, 2024. Funds obligated by December 31, 2024, but not yet spent must be spent by December 31, 2026, or they are returned to the Federal Government. For purposes of ARPA, obligated means an order placed for property or services and entering into contracts, subawards and similar transactions that will require payment after December 31, 2024.

On April 26, 2022 the City Council received a presentation on feedback received from the community on how the funds should be spent. The feedback was the result of outreach that occurred between January and March 2022 and included three public meetings, a scientifically valid survey, a web-based survey, and a focused survey of investment needs within the business community. The City Council then referred the item to a Council Ad Hoc Committee for the purpose of further refining and recommending spending categories, dollar allocations to spending categories, and the process for allocating funds within each spending category.

Analysis
The Ad Hoc Committee developed the recommendations contained in this staff report.

Through their conversations, the Committee refined recommendations and developed draft plans and materials for distributing grant funds to small businesses and nonprofit organizations. The following section provides the recommended spending categories and the details of each, with references to corresponding attached materials.

The Ad Hoc Committee Recommendations are as follows:

1. City Projects, Public Safety, and Special Events

1.1.Funding amount shall be $7,000,000.

1.2.Funding in this category is for city-initiated projects and programs. Staff shall develop a list of funding recommendations to bring forward to Council for consideration.

1.3.A sum of $500,000 will be earmarked specifically for supporting special events as an economic development tool. Council to refer to HED a discussion on which events and amounts. HED will make recommendations on this topic to Council. Additionally, the Ad Hoc Committee recommends building into the

City Council Agenda Report
Agenda Item No. 8.a
September 27, 2022
budget the use of future budget residual funds to sustain event support at this higher level.

2. Support for Nonprofit Organizations

2.1.Funding amount shall be $7,000,000.

2.2.Create program to distribute one-time funding for two categories of projects or programs: housing and non-housing.

2.3.To help ensure the greatest possible impact for the Concord community the funding amounts shall be $50,000 minimum and $2,000,000 maximum.

2.3.1. The amount provided up front shall be capped at 80%.

2.3.2. Remaining 20% released upon verification of fund usage in a manner consistent with the funding proposal.

2.3.3. Must show proof of possessing the matching amounts necessary for proposed use prior to any payment from the City.

2.4.Utilize a simplified, CDBG-style funding application such that the greatest possible impact and benefits are given to the Concord community (draft application is included as Attachment 1).

2.5.Once application submitted, staff would review applications for completeness; the Ad Hoc Committee would review, score and rank all submittals and make funding recommendations. All Ad Hoc Committee recommendations would go before the full Council for consideration (draft ranking sheet is included as Attachment 2).

3. Support for the Unhoused

3.1.Funding amount shall be $3,000,000.

3.2.The recommended funding amount to be combined with the previously allocated one-time funds in the amount of $2.4 million that were allocated by the City Council during its mid-cycle budget update on March 8, 2022, for a total amount of $5.4 million.

3.3.At the appropriate point in the future, refer to HED the task of determining how to allocate funds in concert with the development of a Homeless Strategic Plan, and the recommendations developed within the plan.

4. Support for Small Businesses

4.1.Funding amount shall be $2,000,000.

4.2.Create program to distribute $5,000 grants to businesses having ≤ 25 employees.

City Council Agenda Report
Agenda Item No. 8.a
September 27, 2022

4.3.To be eligible the business must be open and physically located in the City of Concord and have an active business license as of June 30, 2020 through the date of application.

4.4.Family Child Care Homes located in the City of Concord that were licensed by the State of California as of June 30, 2020 and are still operating shall be eligible for the grant.

4.5.Franchise businesses that are not independently owned and operated within the City of Concord, and home-based businesses with the exception of Family Child Care Homes, shall be ineligible for grant.

4.6.Businesses and Family Child Care Homes must provide statement of financial burden caused by the COVID-19 pandemic.

4.7.The grant shall be a reimbursement for select operating costs; including:

4.7.1. Commercial rent or lease payments.

4.7.2. Utility payments including electricity, gas, water, sewage, and garbage.

4.7.3. Facility repairs (including those caused by vandalism) and upgrades (including security systems) to support recovery efforts.

4.7.4. Payroll.

4.8.Priority shall be given to restaurants, retail, and personal service establishments, and businesses that did not receive funding from previous City grant programs to help boost brick and mortar establishments while minimizing vacancy rates.

4.9.Grant program shall be managed by the Concord Chamber of Commerce; the Chamber shall be paid a 7.5% fee for managing the grant program.

4.9.1. Program will occur in two rounds of $1,000,000 each (less 7.5% fee).

4.9.1.1. A total of 370 grants shall be distributed at $5,000 each, with 185 grants distributed in each round. The first round will take place fall 2022 and the second round spring 2023.

4.9.2. A lottery system shall be used if number of eligible applications exceeds available funding.

Next Steps
Should Council concur with these recommendations as they are currently written, staff will take the following actions:

1. Agendize for the Mayor an extension of the existing ARPA Ad Hoc for the specific purpose of reviewing applications and recommending awards for the nonprofit grant program to the full Council.

2. Prepare a proposed list of staff-initiated City/Public Safety projects and programs totaling $6.5 million and bring to Council for consideration prior to the end of this

City Council Agenda Report
Agenda Item No. 8.a
September 27, 2022
calendar year. (The Ad-Hoc Committee has recommended that Council set aside $500,000 from the $7 million in funding to support special events).

3. Schedule an HED Committee meeting for the purpose of discussing how the $500,000 should be purposed toward special events. The Committee’s recommendations would return to Council for review and a decision.

4. Build into future budgets, when/if such funds exist, the allocation of residual funds to sustain special event support.

5. Open and announce a $7,000,000 nonprofit grant program on September 30, 2022 using the attached application (applications will be accepted and managed through an online portal). Staff will work with the ARPA Ad Hoc Committee for the purpose of finalizing the committee’s funding recommendations and return to Council on December 6, 2022 (see Attachment 1 for complete schedule).

6. Work with the HED Committee to determine how to allocate $5.4 million of funds in concert with the development of a Homeless Strategic Plan, and the recommendations developed within the plan. The HED recommendations will be brought to Council for consideration at a future date.

7. Work with the Concord Chamber of Commerce to open and announce a $2,000,000 small business grant program in two rounds using the criteria and process outlined in this staff report. The application period for the first round will open and close in November, with recipients being notified of award on November 30. The second round will occur in spring 2023.

Alternatives
The Council may modify any of the above Ad Hoc Committee recommendations and/or next step action items.

Financial Impact
ARPA funds are one-time funds that if not spent or committed by the ARPA deadlines would need to be returned to the Federal Government.

Environmental Determination
None of the activities addressed herein constitute a “project” within the meaning of Public Resources Code Section 21065, 14 Cal Code Regs. Sections 15060(c)(2), 15060(c)(3), or 15378 because none of the activities has the potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment; even if any activity was a project under CEQA, each is exempt under 14 Cal. Code Regs. Sections 15061(b)(2), 15061(b)(3) and 15378(b)(4).

Public Contact
The City Council Agenda was posted.

City Council Agenda Report
Agenda Item No. 8.a
September 27, 2022
Attachments

1. Draft – Nonprofit Grant Application

2. Draft – Nonprofit Grant Application Ranking Sheet

City of Concord – DRAFT V3 9.27.22
Nonprofit Grant Application
This grant opportunity is available to all Concord-based nonprofits; incl uding organizations with a focus on housing and/or homelessness, and other non-housing organizations such as those oriented toward youth, arts and culture, history, etc.

Process, Timeline, Guidelines and Eligibility
The City of Concord will distribute $7 million of American Rescue Plan Act funding to nonprofit organizations. Successful organizations will be grouped into two award categories: housing and non-housing (e.g. arts, youth, and culture). Requesting organizations must adhere to these guidelines and meet all eligibility criteria to be considered for funding.

Applications are due at 5 p.m. on October 28, 2022; late submissions will not be accepted.

Applications must be submitted online here; email questions to: [email protected] Process:

The American Rescue Plan Act funds will be distributed using the following process:

1. City staff will review submissions to ensure completeness and applicant eligibility;

2. The City’s ARPA Ad Hoc Committee will review complete and eligible submissions and rank them using Council-adopted criteria;

3. The ARPA Ad Hoc Committee will forward funding recommendations to the City Council for consideration and award;

4. City staff will work with organizations to advance 80% of awarded funds and complete any required documentation (e.g. verification of nonprofit status, audit of awarded funds); 20% of remaining award will be released upon verification of fund usage.

Timeline:

Submission window opens September 30, 2022
Deadline for submission (5 p.m.) October 28, 2022
ARPA Ad Hoc completes review November 18, 2022
City Council considers recommendations and awards funding December 6, 2022 Guidelines and Eligibility:
• Funding requests must be a minimum of $50,000 and a maximum of $2,000,000. • Organizations must be organized and operated exclusively for tax-exempt purposes as set forth in Internal Revenue Code.
• Applicants may only submit one application per program; organizations with multiple submissions for the same program will not be considered. • Only projects and programs that benefit Concord’s residents will be considered. • Organizations must have an active City of Concord business license (get one here); nonprofit child care providers must possess any required state licensing. • All questions must be answered; incomplete applications will not be considered.

Attachment 1

City of Concord – DRAFT V3 9.27.22
Nonprofit Grant Application

Organization Information
Organization Name:

Street Address:

City: State: Zip Code:

Primary Contact: Title:

Contact Phone: Contact Email:

Are you a nonprofit child care provider possessing the required State license? Yes ☐ No ☐ Are you a legally registered nonprofit with a City of Concord business license? Yes ☐ No ☐ Project / Program Information
Name of Project/Program:

Do you consider this a housing or non-housing project/program: Housing ☐ Non-housing ☐ Amount requested: What is the minimum amount needed:

Estimated number of Concord residents your project/program will serve:

Estimated number of all persons your project/program will serve:

Provide a brief description of the project or program you are proposing:

City of Concord– DRAFT V2 7.5.22
Nonprofit Grant Application

Community Benefits
Describe the specific population your project/program will benefit (e.g., low-income families living in the Monument, chronic homeless, seniors aged 55 and older, pregnant mothers, etc.) Describe the community need, problem, or issue being addressed by your project/program:

Describe how your project/program will address, help, or solve this need or issue; and describe how your project aligns with the City’s Mission “to make Concord a City of the highest quality”:

City of Concord– DRAFT V2 7.5.22
Nonprofit Grant Application

Goals and Objectives
Describe the anticipated measurable outcomes of your project/program:

Describe your process for tracking and gathering outcome data for reporting purposes:

Partnerships and Funding
Describe the partnerships (if any) and the role each partner will play in your project/program:

Provide a budget with the one-time and reoccurring, annual costs of your project/program.

Also, describe how the program will work if you do not receive the full amount requested:

Explain if your project/program is a one-time event; if not, how will it remain sustainable after receipt of the grant funds? Describe expected future revenue and sources of revenue, etc.:

City of Concord– DRAFT V2 7.5.22
Nonprofit Grant Application

Organizational Capacity
Describe the number of years and at what capacity the organization been providing services or programs to Concord residents or businesses:

Describe the organization’s experience and capacity to manage, implement, measure, and report on your project/program:

Submitter Information
Provide the name of the person submitting this application:

Provide the title of the person submitting this application:

Submitter Phone: Submitter Email:

Max
Points

AMERICAN RESCUE PLAN ACT
NONPROFIT GRANT APPLICATION RANKING SHEET Rating
30 5 The requested funding amount is reasonable and appropriate for the project or program. 15 Project or program has the potential to serve a great number of Concord residents or businesses. 10 The project or program will have a significant and measurable positive impact on the Concord community and it aligns with the City of Concord's Mission.
20 10 The specific Concord population served by this program is clearly identified and in need of the project or program.
10 The information supplied demonstrates how this service/activity will address, help or solve the need or issue for the Concord community.
10 5 Program outcomes and successes are measurable and are clearly defined. 5 The processes for tracking and gathering outcome data is clear and understandable and instills confidence. 25 10 The organization collaborates and coordinates with community groups and other organizations in a manner that enhances services to Concord residents and/or businesses. 5 A complete description of costs are provided and are reasonable and understandable. 10 The applicant demonstrates an ability to remain fiscally sustainable beyond the one-time funding; or the ability to successfully complete a one-time project.
15 5 Applicant is an established and tenured organization, with a history of providing successful services to residents and/or businesses in Concord.
10 Applicant has the experience and ability to successfully carry out the proposed services or project goals in the projected time frame.
100 TOTAL
Notes (issues, concerns, highlights, etc.):

COMMUNITY BENEFITS

GENERAL REVIEW

GOALS AND OBJECTIVES

PARTNERSHIPS AND FUNDING

ORGANIZATIONAL CAPACITY
Attachment 2

From: Sylvia Gonzalez <[email protected]>
Sent: Sunday, September 25, 2022 8:02 PM
To: Aliano, Dominic <[email protected]>; Hoffmeister, Laura <[email protected]>; Obringer, Carlyn <[email protected]>; Birsan, Edi <[email protected]>; McGallian, Tim <[email protected]>; Barone, Valerie <[email protected]>; Fockler, Joelle <[email protected]>; Ezell, Justin <[email protected]>; ARPA <[email protected]>
Cc: Catherine Hensiek <[email protected]>; JanLee Marshall <[email protected]>; Sylvia Amorino <[email protected]>
Subject: Upcoming ARPA City Council Meeting- Sept. 27
Dear Mayor Aliano, Vice Mayor Hoffmeister, City Council Members Birsan, Obringer, McGallian and StaffArts Alliance Concord (Solo Opera, Concord Art Association, and B8Theatre) is writing today to express our concern about the recent staff report and draft grant application that were released in conjunction with the upcoming announcement of the Concord City Council ARPA Meeting on Sept. 27th.

Upon looking at the staff report, we don’t see a line item for the arts, as was suggested at the last public ARPA meeting in April where we spoke. We know that Council Member, Carlyn Obringer, recommended that arts be a separate item from all other sectors. Lumping arts in with all nonprofits in Concord will make it more challenging for us to get funding having to apply with social justice organizations. The arts are valuable and truly a separate category from other social services in the nonprofit sector. It would also make each of our organizations in competition with each other.

We do see there is funding for downtown “special events” but not sure that includes the type of shows/concerts we produce. While it might work for some things- such as a summer Opera in the Park or CAA with the Tree Lighting- most of the types of events we produce need an indoor venue. And since Concord does not yet have one, we are still working to apply for this ARPA funding toward an indoor Center for the Arts that can be used as a performing/rehearsing space, art gallery, and/or a classroom/workshop space.

We also have a concern about the draft grant application itself. Even though the application mentions projects/programs and matching funds, we now understand, after asking city staff, that funds from the proposed grants can also be used for operating costs as well. And that a match is not required. We hope that the application process can be streamlined so that small non-profits like ours are able to respond within the tight time frame. Right now, it seems to be more geared toward large nonprofits because of the grant threshold amounts and wording.

Representatives from Arts Alliance Concord will be attending the meeting with our arts supporters.

We hope you will reconsider making arts/culture a separate line item in the ARPA funding. We want to continue to bring the arts, esp. classical -visual and performing- to Concord rather than having to go out of town. The ARPA funding could make all the difference for our nonprofits to continue to uplift our community.

Thank you for your time and efforts!
Sincerely,
Arts Alliance Concord
Benched Correspondence
Agenda Item No. 8.b
September 27, 2022

From: "Ezell, Justin" <[email protected]>
Date: September 23, 2022 at 8:37:03 PM PDT
To: JanLee Marshall <[email protected]>
Cc: "Barone, Valerie" <[email protected]> Subject: Re: Question regarding Staff Report for 9/27 City Council meeting

Hello JanLee,
Valerie asked that I respond your email on her behalf; please see the following responses to your questions:

1. Is this a project based only or is it also for operating? The Ad Hoc has not made any recommendation to distinguish between operating or project costs.

2. Is this truly a matching grant? No, that is not the recommendation. The recommendation is to require organizations that propose their own funding sources to show proof of having those funds before the City provides payment. For example, if a nonprofit requested $2 million for a $3 million program, it must demonstrate that it had the $1 million. If the nonprofit requested $2 million for a $2 million program, there would be no need to demonstrate a matching amount. The purpose of requiring organizations to show proof of having other funding sources (if that is what they propose) is to ensure that ARPA funds are put to the greatest and most beneficial use in the community. The Ad Hoc wants to ensure that awards are given to organizations with the ability to use awarded funds in the manner proposed.

3. Why are nonprofits the only recipients that are required to have matching funds? As mentioned above, that is not the recommendation of the Ad Hoc.

Also note that the small business grant recommendation is to reimburse businesses for expenses they have already paid, as opposed to providing up front payments.

You are welcome to contact me directly with any other questions.

Regards,
- Justin
Justin Ezell
Assistant City Manager
1950 Parkside Drive
Concord, CA 94519
(925) 671-3155
[email protected]

From: JanLee Marshall <[email protected]>
Date: September 23, 2022 at 6:48:11 PM PDT
To: "Barone, Valerie" <[email protected]> Subject: Question regarding Staff Report for 9/27 City Council meeting

Hello Valerie,
As you may remember I am very interested in the Ad Hoc ARPA Funding committee, I just finished reading the Staff Report and draft of the grant application.I see that we are able to apply with all other non profits as ARTS & CULTURE were not given a line item, as had been recommended at the April 26 City Council meeting. But I have a few questions regarding the grant application.

Is this a project based only or is it also for operating? For profit small businesses are able to use the funding for operating costs.

Is this truly a matching grant?
Why are the non profits the only recipients that are required to have matching funds? If it is truly a matching grant can that be dropped as the small nonprofits disproportionately affected by the pandemic do not have that level of unrestricted funds and are therefore unable to apply. In effect it is written to restrict those most in need from applying.

Thank you for your time and assistance with this matter.

Best,
JanLee
--
Be Curious
Be Brave
B8
JanLee Marshall
Artistic Director, B8 Theatre Co.
510-219-7023
[email protected]

From: Danny Espinoza <[email protected]>
Sent: Tuesday, September 27, 2022 3:01 PM
To: Aliano, Dominic <[email protected]>; Hoffmeister, Laura <[email protected]>; Birsan, Edi <[email protected]>; McGallian, Tim <[email protected]>; Obringer, Carlyn <[email protected]>; Concord City Council Email <[email protected]>; City Clerk <[email protected]> Cc: Debra Ballinger <[email protected]>; Judith Ortiz <[email protected]>
Subject: Letter to be acknowledged at 9.27.22 city council meeting - Agenda Item 8.A Hello,
please see the attached official letter for our ARPA request. We will fill out the application and follow the process – Thank you! Please reach out with any questions.

Danny Espinoza
Co-Director of Campaigns
Monument Impact

September 27th, 2022
Concord City Council
City of Concord
1950 Parkside Drive
Concord, CA 94519
Dear Mayor Aliano, Vice Mayor Hoffmeister and Councilmembers Birsan, Obringer and McGallian,
After careful thought, research, and conversations about the long-term benefits of a guaranteed income for the communities most vulnerable and hit hardest by the pandemic with the Chief Strategy Officer at the Bay Area Community Services, the group in charge of the Oakland Shallow Rent Subsidy program, the Chief Impact Officer at All Home CA, the former Mayor of Stockton and Founder of EPIC, and our housing partners thought the Bay Area and nationally, we are submitting a modified request for $1.5 million dollars from Concord's non-profit allocation of ARPA funds. There are currently over 80 guaranteed income pilots around the nation and over 20 rent subsidy programs throughout California and we believe this could be a tremendous opportunity to help stabilize our concord residents, in particular the Latinx community.

Background
Latinos make up 32 percent of Concord’s population and they comprise an important economic driver for the City and County. With the Latinx community bearing the brunt of COVID-19, from its public health consequences to economic repercussions, now is the time to ensure the equitable distribution and implementation of these public resources from ARPA to this community. The data in the city's housing element show that the central and western portions of Concord experience slightly higher poverty rates compared to neighboring communities to the north, west, and south, and similar poverty rates compared to neighboring communities to the northeast within Bay Point and the cities of Pittsburg and Antioch. It confirms that, while renters pay too much for housing in almost every neighborhood, folks who live in the Monument are among those who experience it the worst, with 60-80% of renters paying too much in most areas. Data also shows that 47.3% of Latinx households are cost-burdened, with 19% of those being severely cost-burdened (meaning they spend more than 50% of their income on housing costs) and Black households actually have higher rates of cost burden, with 57% of Black households spending more than 30% of income on rent and 34% spending more than 50% of their income.

As you have heard from many Concord business owners and residents, economic recovery has been very slow for some sectors and zip codes of our community. The pandemic especially hit hardest to the Monument Community in two critical ways: higher rates of COVID-19 and major job loss, which is still being felt today - even after the President has declared we are “post-pandemic”. Many community members are considered essential workers and too often had to work during the pandemic, putting themselves and their families at risk to keep a roof over their heads and food on the table. These are residents without sick leave or other benefits, and many did not qualify for federal programs due to their status. They did not have the ability to work remotely.

In 2020, in response to the pandemic, Monument Impact started the Monument Relief & Recovery Fund. Over 18 months, we provided $2 million in direct financial aid and rental assistance to 3200 families, 50% of which are Concord residents. The fund was largely depleted in 2021 and we then became a Local Network Partner for the State’s Emergency Rental Assistance Program (ERAP), providing in-person technical assistance to residents. Now that ERAP has ended, the landscape for renters has only worsened. And it should be noted that less than 23% of ERAP participants in Contra Costa were Hispanic or Latino.

The reality is that MI has seen hundreds of ERAP applicants receive eviction notices and rent increases since January 2022. Many of these notices and rent hikes are illegal, but too many of our community members feel helpless to fight it. Tactics landlords are taking to get their tenants out include:
○ Evictions for “substantial remodeling”, are too often a spurious excuse for eviction because whatever is being ‘remodeled’ is minimal. Regardless, the rent is hiked to the market rate as soon as the tenant moves. The result is a reduction of affordable units with no replacements available.
○ Impossibly high move-in costs have become something of the current norm and for some renters, the only option is to stay at a place they cannot afford. In the past 4 to 6 months, we are seeing landlords ask for proof of three times the income to the amount of rent. It is very difficult for immigrants who work jobs that pay in cash such as house cleaning or gardening to prove their income. Last week we saw a tenant who was asked for three months’ rent upfront plus a security deposit, which totaled $10,000.

Our Request
In listening to the stories our staff hear from community members and meeting with regional partners who have faced similar issues, we are asking for 1.5 million dollars in ARPA funds to create and disburse a Guaranteed Basic Income Pilot with data infrastructure for

approximately 150 of our most vulnerable families in the 94520 zip code, many of whom are Latinx and are renters. We feel that rather than offering one-time cash support, assistance over the course of a year will provide stability and recovery, and there is solid data to prove that, especially in cities with diverse socioeconomic and racial diversity like Concord. We are asking that the City of Concord support the most disenfranchised members of the community and ensure that we as a city do our part to keep as many people in their homes as possible and that we prevent low-income, working families from homelessness, especially considering that the Latinx community contributes so much to the makeup of our city and local economy. We are proposing that we follow other models that have proven data to be effective in helping stabilize at-risk renters like similar programs in the cities of Oakland, Stockton, Hayward, Berkeley, and many others.

A Guaranteed Basic Income is a monthly payment made on behalf of eligible participants to reduce the household’s rent burden and increase their available income for basic needs like food, transportation, childcare, and health services which in turn stimulate our economy. We have an extensive process for both outreach and selection for a pilot program like this, as well as a plethora of data.

Of this request, $1 million would be used to help families receive a fixed subsidy of $500 for 12 months. We believe this could help about 150 tenants facing homelessness to secure and/or maintain housing, childcare, food security, or other basic necessities. The 94520 zip code is usually made up of tenants, the majority of whom are single women with children, who have been suffering since the pandemic. Pre-pandemic housing was already unstable and expensive.

The other 500,000 dollars would go towards giving those participants of the project and/or other community members up to $2,500 in cash assistance to help bring them up to date on any back owed rent or other necessary housing-related bills like utilities or groceries, as well as covering the data and statistics collecting, and administrative overhead associated with running a project like this, including monthly subsidy checks. Monument Impact will also seek additional funding from the State and philanthropic partners.

Today, after two years of struggling to pay rent and meet basic income needs, landlords and their agents are frustrated and targeting low-income, monolingual tenants who don’t know their rights and are fearful of crossing their landlords. Although this project will not change the housing crisis in Concord, it can help families either stay in their homes or be able to manage the move-in costs of a new home and be able to contribute to our local economy, thus helping Concord by osmosis.

Recipients of Guaranteed Basic Income Pilots around the nation were less anxious and depressed, both over time and compared to a control group, they had Improved emotional health and well-being, and energy over fatigue, both over time and compared to the control group. Data also shows that there was a decrease in anxiety, depression, and extreme financial strain increasing capacity for goal-setting and coping with unexpected shocks among the program participants, who again are already suffering from these sorts of barriers. Overall out of 15 surveyed pilots, participants reported an increase in:
• Economic stability and mobility
• Social connection and mobility
• Mental and physical health
• Personal goals and motivators
• Financial capability and asset building
Monument Impact already has the infrastructure to support rental and financial assistance. We have demonstrated our capacity and nimbleness to process these funds as evidenced by both our Relief & Recovery Fund mentioned above and our ability to release CDBG CARES Act funds for rental assistance in 2021 in just over 4 months.

Monument Impact recognizes there are many demands on the City’s ARPA funding. This request falls within several priorities for these funds. We hope you will consider advocating for this request.

The most vulnerable, in particular, the Latinx community too often go unrecognized for its tremendous contributions to our local economy, their volunteerism, and the support of other community members who are barely making ends meet. It’s equally important to recognize that most of all positive cases of COVID in Contra Costa impacted members of the Latinx community and their recovery depends on earning a stable income and keeping a roof over their heads.

More than ever, we need a just recovery in Concord, where no one is left behind.

I can be reached at [email protected] or 707-398-5298. Thank you for your consideration. Please feel free to contact me about this request.

Sincerely,
Danny Espinoza Judith Ortiz Debra Ballinger
Campaign Co-Director Executive Director Senior Advisor

ARPA AD HOC

RECOMMENDATIONS
Justin Ezell
Assistant City Manager
September 27, 2022
1

Background on ARPA
2 •American Rescue Plan Act (ARPA)
• $1.9 trillion federal stimulus package
• Signed into law on March 11, 2021
•Concord received $27 million allocation
• Approximately $8 million already appropriated
• $19 million reserved for future appropriation
• Must be obligated by December 2024, spent by December 2026

Schedule of
Events to Date
3 Date Description
August 24,
2021
First public meeting; guiding principles
and next steps
January-March
2022
Community wide surveys: Citizen
satisfaction survey; Resident survey
(English and Spanish); Business survey
(English and Spanish); Nonprofit survey
February 7-9,
2022
Focus group meeting for QCTs held in
English and Spanish
February 23,
2022
Community wide meeting to hear
priorities
April 26, 2022 Council meeting to receive public input
and determine next steps
May 3, 2022 Formation of Ad Hoc Committee for the
purpose of developing recommendations

Ad Hoc Recommended Spending Categories
4 •City Projects, Public Safety, and Special Events
•Support for Nonprofit Organizations
•Support for the Unhoused
•Support for Small Businesses

City Projects, Public Safety, and Special Events
5 •Funding in the amount of $7 million
•Staff to develop $6.5 million projects and programs
•$0.5 million earmarked for supporting special events
• Referring to HED Committee a discussion on how to purpose the $0.5 million toward special events
• If possible – build into future budgets the use of residual funds to sustain event support at this higher level

Support for Nonprofit Organizations
6 •Funding in the amount of $7 million
•Distribute one-time funding through grant program for
housing and non-housing projects and programs
• Concord-serving, tax-exempt organizations as set forth by IRS • Grants to be $50,000 minimum and $2,000,000 maximum
• Utilization of a simplified CDBG style application
• Ad Hoc Committee to review and rank applications, recommend awards • Application open on September 30, awards on December 6

Support for the Unhoused
7 •Funding in the amount of $3 million
•Combine with the previously allocated one-time funds in the amount of $2.4 million ($5.4 million total)
• Refer to HED Committee the task of determining how to allocate funds in concert with development of Homeless Strategic Plan

Support for Small Businesses
8 •Funding in the amount of $2 million
•Work with Chamber of Commerce to distribute two rounds of $5,000 grants to businesses with ≤ 25 employees
• State-licensed Family Child Care Homes eligible
• Grant will be reimbursement for select costs (rent, utilities, payroll) • Priority given to restaurants, retail, and personal service establishments • Lottery system used if number of applications exceeds available funds • Chamber of Commerce to charge 7.5% fee for managing program

Staff-Recommended Next Steps

1. Agendize extension of the ARPA Ad Hoc

2. Develop list of projects/programs totaling $6.5 M

3. Agendize $500k/special events for HED (after New Year)

4. Budget residual funds for special events if and when available

5. Open $7 M non-profit grant program on September 30

6. Work with HED on allocation of $5.4 M for unhoused

7. Work with Chamber on $2 M small business grant program 9

Action: Provide direction to staff on next steps
10 •City Projects, Public Safety, and Special Events ($7 million) •Support for Nonprofit Organizations ($7 million)
•Support for the Unhoused ($3 million)
•Support for Small Businesses ($2 million)

Council Questions and
Public Comment
11 ARPA Ad Hoc Recommendations

Staff Report
Date: September 27, 2022
To: City Council
From: Valerie J. Barone, City Manager
Prepared by: Joelle Fockler, MMC, City Clerk
[email protected]
(925) 671-3390
Subject: Considering appointment of one member to the Planning Commission for a term ending February 28, 2023, by ballot vote.

Report in Brief
The City Council will consider appointment of one member to the Planning Commission for a term ending February 28, 2023, by ballot vote.

Recommended Action
Select appointment to the Planning Commission for a term ending February 28, 2023, by ballot vote.

Background
In accordance with Policy and Procedure No. 89, a recruitment was announced on June 28, 2022, to fill an unscheduled vacancy on the Planning Commission due to the resignation of Planning Commissioner Mark Weinmann, and set July 29, 2022, as the deadline for receipt of applications by the City Clerk.

Applications were received from ten individuals. One applicant, Rebekah McMenamin, was appointed to the Bicycle and Pedestrian Advisory Committee, and two applicants, David Requa and Hazel Wetherford, withdrew their applications. Interview order was determined by draw, and on September 19, 2022, the City Council interviewed the following applicants (in interview order): Ajit Kaushal, Aeysha Corio, Raoul Maltez, Jan Newbegin, Michael Hudson, Paul Wood, and Pablo Benevente.

8.b

City Council Agenda Report
Agenda Item No. 8.b
September 27, 2022
Analysis
The Council will be provided ballots to determine the choice for appointment. The applicant that receives the majority vote will be seated to the Planning Commission for a term ending February 28, 2023.

Financial Impact
There is no financial impact.

Public Contact
The City Council Agenda was posted.

Attachment

1. Ballot

Attachment 1
BALLOT

APPOINTMENT TO PLANNING COMMISSION
ONE MEMBER FOR A TERM ENDING FEBRUARY 28, 2023
(Choose One)
Round ____ Name________________
___ Pablo Benevente
___ Aeysha Coriog
___ Michael Hudson
___ Ajit Kaushal
___ Raoul Maltez
___ Jan Newbegin
___ Paul Wood

Staff Report
Date: September 27, 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: Lorna Villa, Associate Planner
[email protected]
(925) 671-3176
Subject: Considering the following actions:
1) Adoption of a Resolution approving an Administrative Permit, Minor Exception, and Design and Site Review for a cannabis storefront and delivery retail business (Authentic Concord (dba “Stiiizy”)) at 1045 Galaxy Way, APN 126-325- 004 (PL21153 – AA, ME, DA, DR), and
2) Introduction of an Ordinance approving and adopting a Development Agreement by and between the City of
Concord and Authentic Concord, LLC (dba
“Stiiizy”)regarding the development of a cannabis
storefront and delivery retail business located at 1045 Galaxy Way, Assessor’s Parcel Number 126-325-004
(PL21153 – AA, ME, DA, DR) by reading of the title only and waving further reading.

CEQA: Exempt pursuant to the California Environmental
Quality Act (CEQA) Guidelines Section 15061(b)(3) – Common Sense Exemption.

Report in Brief
The City Council is requested to consider an Administrative Permit, Minor Exception, Design and Site Review, and an Ordinance for a Development Agreement with

9.a

City Council Agenda Report
Agenda Item No. 9.a
September 27, 2022
Authentic Concord, LLC (dba “Siiizy”) to establish a cannabis storefront and delivery retail use at 1045 Galaxy Way, subject to Conditions of Approval.

Recommended Action
1) Adopt a Resolution (Attachment 1) approving an Administrative Permit, Minor Exception and Design and Site Review for a cannabis storefront and delivery retail business (Authentic Concord (dba “Stiiizy”)) at 1045 Galaxy Way, APN 126- 325-004 (PL21153 – AA, ME, DA, DR) , and
2) Introduce an Ordinance approving and adopting a Development Agreement by and between the City of Concord and Authentic Concord, LLC (dba “Stiiizy”) regarding the development of a cannabis storefront and delivery retail business located at 1045 Galaxy Way, Assessor’s Parcel Number: 126-325-004 (PL21153 – AA, ME, DR, DA) (Attachment 2) by reading of title only and waving further reading.

Background
Authentic Concord, LLC (“Authentic”) is a cannabis storefront and delivery retailer.

The company also owns and operates 25 cannabis businesses in northern and southern California, all licensed through the State’s Department of Cannabis Control (DCC). Authentic was one of six cannabis businesses selected by the City Council through the established competitive selection process that took place on May 25 and 26, 2021.

Cannabis Ordinance and Competitive Selection Process
On May 26, 2020, the City Council adopted an Ordinance amending Concord Municipal Code Chapter 5.80 (Cannabis) and Development Code (Title 18) to allow adult-use City Cannabis Licenses for certain types of cannabis businesses with the following maximum number of licenses allowable in parentheses:
 Manufacturers (limit of five)
 Testing laboratories (no limit)
 Retail storefront (limit of three)1
 Non-storefront retail (limit of three)1
 Type 11 distributors (limit of two)
 Microbusinesses (limit of six, a maximum of two microbusinesses may include a storefront retail component1, and a maximum of two microbusinesses may include a non-storefront retail component), and
1 Can only be applied for after being selected through a competitive selection process. All other available licenses can be applied for and issued through a first-come, first-serve process.

City Council Agenda Report
Agenda Item No. 9.a
September 27, 2022
 Type 13 distributors (only allowed with another license type).

On July 28, 2020, the City Council approved the procedure, criteria, and scoring for a merit-based competitive selection process for the storefront retail, non-storefront retail and microbusiness with a retail component cannabis businesses, which outlined the process to review and select eligible applicants to be invited to apply for these available City Cannabis Licenses (CCL).

The Request for Proposals (RFP) process approved by Council was designed to evaluate and select commercial cannabis businesses for an invitation to apply for a CCL. The intent of the RFP process was not to overburden applicants at this preliminary stage with the level of specificity and investment required in the CCL, land use, and building permit processes before the businesses received a higher degree of certainty that they would be invited to operate. As a result, an invitation to apply for a CCL through the RFP process did not constitute final approval for commercial cannabis operations in Concord. All successful applicants are required to apply for and receive a CCL, the appropriate land use permits (including an Administrative Permit and Design and Site Review approval), a State cannabis license, a City business license, building permits (including a Certificate of Occupancy), a voluntary Development Agreement to codify community benefit commitments, amongst other things; and other required regulatory approvals before commencing operations. The Administrative Permit, Minor Exception, and Design and Site Review are typically approved by the Planning Division; however, because only the City Council is authorized to approve a Development Agreement, the review authority for all planning permits processed concurrently is raised to the City Council level.

The RFP was issued on October 5, 2020, and closed on November 19, 2020. A total of 21 proposals were received. The proposals were reviewed through a four-phase process with Phase IV being Interviews and Final Selection by the City Council.

Ultimately, eleven applicants were interviewed by the City Council on April 13, May 25, and May 26, 2021 for six2 available licenses. The selected applicants were invited to apply for the available CCLs and submit their applications for an Administrative Permit, Design and Site Review, and Development Agreement as well as any other required land use approvals. The selected businesses include:
 Storefront Retail (3 licenses available):
o Authentic Concord, LLC (Rank 1)
o Culture Club Corporate Enterprise (Rank 2)
o Coastal Retail Concord, LLC dba Coastal (Rank 3)
2 Although there were three licenses available, only one proposal for non-storefront retail (Medusa) was successful in being invited to interview, and selected, by the Council so there are still two available licenses; per the code a new RFP process would be required to allocate these licenses.

City Council Agenda Report
Agenda Item No. 9.a
September 27, 2022
 Microbusiness (2 licenses available):
o Kolaboration Concord, LLC dba Coco Farms (Rank 1)
o Infinity Assets Concord, LLC (Rank 2)
 Non-storefront retail (3 licenses available, 1 applicant):
o Medusa (Design and Site Review for the property already approved on February 25, 2021 as part of the first-come first-serve cannabis process) Applicants interviewed, but not selected, were placed on a waitlist in the event that a selected applicant does not obtain the required approvals to operate.

After being selected by the City Council on May 26, 2021, Authentic submitted their CCL application on June 30, 2021. The CCL application was deemed complete on January 28, 2022. The City Council is not reviewing the applicant’s CCL application as this is completed administratively by the Chief of Police pursuant to the Concord Municipal Code (CMC).

On September 2, 2021, Authentic submitted applications for an Administrative Permit, Minor Exception, Design and Site Review, and Development Agreement. A Minor Exception is necessary to allow for a ten percent increase above the Development Code’s parking requirement for Authentic. On September 14, 2021, the Development Advisory Committee (DAC) conducted a completeness review of the project. The City’s Planning Division provided comments to the applicant regarding landscaping, parking, trash enclosure, traffic study, and site visibility triangle. The project was deemed incomplete on September 30, 2021.

On October 29, 2021, the applicant provided responses to the incomplete items. The City conducted review of the revised items, and the project was deemed incomplete on November 24, 2021. A third submittal was received on December 10, 2021, and deemed incomplete on January 5, 2022.

On January 27, 2022, the applicant submitted revised plans to address the incomplete issues. The application was again deemed incomplete on February 25, 2022, with the remaining outstanding item being the completion of the traffic study.

On March 10, 2022, the Design Review Board (DRB) reviewed the project and recommended final Design and Site Review approval with recommendations regarding the design of the bollards, maintaining the storefront on the west side of the building, and adding two shade trees to the parking lot.

On April 4, the traffic study was finalized and the application was deemed complete on April 21, 2022. The Development Agreement was completed on May 3, 2022.

City Council Agenda Report
Agenda Item No. 9.a
September 27, 2022
On May 18, 2022, the Planning Commission continued the application to a date uncertain.

On September 7, the Planning Commission considered the Administrative Permit, Minor Exception, Design and Site Review, and Development Agreement. On a unanimous 4-0 vote, the Planning Commission recommended approval of the requested applications.

Development Agreement and Land Use Applications
Pursuant to the Cannabis Ordinance and the Development Code (CMC Section

5.80.030[c]), an Administrative Permit, Design and Site Review, and Development Agreement approvals are required for all cannabis businesses selected through the competitive selection process.

Due to the circumstances specific to Authentic’s location and application, a Minor Exception for excess parking is also proposed. Development Code Section 18.405.010 requires all applications associated with a project to be “filed, processed, reviewed, and approved or disapproved concurrently by the highest level of authority required for any one application.” The City Council is the decision-making body on the Development Agreement. Therefore, the Administrative Permit, Minor Exception, and Design and Site Review applications that would typically require a staff-level decision must be considered concurrently with the Development Agreement by the City Council, subject to a recommendation of the Planning Commission.

Analysis
A. Location
ꓠ

City Council Agenda Report
Agenda Item No. 9.a
September 27, 2022
B. Applicant Owner
Tom Wilson Future Diamond of Concord, LLC
TWA Architects C/O Reynolds Brown
5055 Business Center Dr. #108 1200 Concord Ave.

Fairfield, CA 94534 Concord, CA 94520
(707) 747-12 (925) 338-8867
C. Project Description
The proposed project consists of an Administrative Permit, Minor Exception, Design and Site Review, and a Development Agreement between the City of Concord and Authentic Concord, LLC, to establish a cannabis storefront retail and delivery business. Authentic is proposing to occupy a 5,323 square foot building located at 1045 Galaxy Way for the cannabis storefront retail use. The hours of operation will be from 9:00 a.m. to 10:00 p.m., seven days per week.

Delivery hours will be during business hours and delivery vehicles will be owned by the driver. The proposal includes interior changes to the floor plan to accommodate their business operation, as well as minor exterior improvements to the building and the site. Proposed improvements include replacing storefront windows, removing the overhang on the east side of the building, replanting empty landscape areas, and reconfiguring parking spaces. A bicycle rack and trash enclosure will be added, the ADA path of travel will be brought up to current standards, existing parking lot lighting fixtures will be upgraded to LED lights, and the façade will be repainted as necessary.

D. Site Description
The subject property is a developed site located on the north side of Galaxy Way, west of Diamond Boulevard. The 5,323 square foot Spanish-style building is located on the southwest side of the parcel set back approximately 54 feet from the Galaxy Way property line. In the center of the parcel, and toward the east, an existing 38,792 square foot building is currently being remodeled for Future Chrysler Dodge Jeep Ram of Concord. An existing detached storage building located at the west end of the parcel will also be utilized by the dealership.

Parking is located along the south property line and to the west of the building.

An entrance only driveway is located at the southeast end of the site and the exiting driveway at the southwest corner of the site. The subject site is zoned WMX (West Concord Mixed Use) and has a General Plan designation of West Concord Mixed Use (WCMU).

City Council Agenda Report
Agenda Item No. 9.a
September 27, 2022
Table 1: Surrounding Land Uses
Land Use General Plan Designation Zoning
North Hotel (Clarion) West Concord Mixed Use WMX
South Shopping Center
(Veranda)
West Concord Mixed Use WMX
East,
West
Offices West Concord Mixed Use WMX
E. General Plan
As described above, the site has a General Plan land use designation of West Concord Mixed Use (WCMU), which allows for a mix of office and commercial development such as new auto dealers, hotels, restaurants, and showroom/warehouses.

The proposed cannabis storefront retail use is consistent with the intent of the WCMU designation and is consistent with the following General Plan policies:
1) Support the creation of job and contracting opportunities for Concord residents and businesses through the establishment of local hire preference, apprenticeships, internships, and other programs which support local hiring, training, and skill enhancement. (Policy E-2.1.7).

Authentic anticipates hiring between 35 and 45 employees for the business and aims to hire 75% of employees within a five-mile radius of the project site and up to 85% of the employees directly from the Concord and the broader Contra Costa region.
2) Require new commercial development to provide comprehensive landscaping, including hardscape and parking lot area as well as pervious areas (Policy LU-9.1.3).

The applicant will be making minor but noticeable improvements to the building and site, including new storefront windows, repainting the building as necessary, installing new landscaping, trash enclosure, bike racks, and upgrading the ADA path of travel from Galaxy Way. These improvements will enhance the look of the site and contribute to the overall attractiveness of the area.
3) Require trees and other landscaping within parking lots (Policy LU-10.1.5) The project will upgrade the existing parking lot with new landscaping including shade trees.
4) Provide sites for employment-generating businesses, technology-based businesses, and light industrial uses wishing to locate in Concord (Policy LU6.1.2).

City Council Agenda Report
Agenda Item No. 9.a
September 27, 2022
Based on Authentic’s proposal, the proposed cannabis storefront retailer would be hiring employees directly from the Concord community and anticipate providing 35 to 45 jobs that pay a living wage. 5) Evaluate the effects of new development on law enforcement service and take public safety issues into account when reviewing land use proposal (Policy S-7.1.1).

The potential effects of the proposed cannabis storefront retail business have been evaluated to ensure appropriate measures will be in place to enhance public safety. The measures include: 1) a security plan reviewed and approved by the Chief of Police that requires, among other things, a commercial burglar alarm monitoring system and video surveillance system, procedures for verifying identification of customers entering and leaving the retail establishment, and on-site security guards; 2) Neighborhood Compatibility Plan and the designation of a Community Relations Officer to respond to any complaints from the public, customers, and businesses with respect to the cannabis operations or property; and 3) an Annual Review Report with the City that requires documentation on how complaints from the community were addressed.

Given the analysis of the project, staff asserts the project is consistent with the policies contained in the General Plan.

F. Zoning and Development Regulations
The site is zoned West Concord Mixed Use (WMX). The proposed cannabis business is classified as a Storefront Retail Cannabis use, which is allowed within the WMX district, subject to an Administrative Permit. The particular use is only allowable if the business has been selected through a competitive selection process and not located within 250 feet of a “sensitive use3.” No sensitive use has been identified within 250 feet of the proposed location. There are no changes proposed to the existing footprint or envelope of the building. As a result, there are no impacts related to development standards such as reduced setbacks or increased floor area ratio.

G. Site Design
The current site will mostly be unchanged with only minor site modifications and improvements proposed. The project scope includes replacing the 12 tandem parking spaces (of which six are inaccessible because they are double stacked) located to the west of the building with six 90-degree spaces. The proposed modification results in additional landscaping and improved parking access and safety. Two bicycle racks will be located to the west of the entrance. A trash 3 Sensitive uses include schools, child day care facilities, or youth community centers as defined in Chapter 5.80 (Cannabis).

City Council Agenda Report
Agenda Item No. 9.a
September 27, 2022
enclosure, designed to match the building, with a stucco exterior and clay tile roof, is proposed on the west side of the 90-degree parking spaces.

H. Transportation Assessment
On April 25, 2022, Fehr & Peers completed a local transportation analysis for the project (Attachment 4). The purpose is to provide an initial screening for vehicle miles traveled (VMT) and evaluate the potential effects of the development of the project on the nearby area roadway levels of service (LOS) and review collision trends adjacent to the project site. The assessment determined that operations of the intersections that would provide primary access to the project site would not appreciably change with the addition of project traffic. Vehicle queues would generally remain unchanged with the addition of project traffic with the exception of the westbound left-turn movement at Concord Avenue and Diamond Boulevard. The Traffic Study has the following recommendation to address the detrimental effect of increased vehicle queuing for the westbound left turn at Concord Avenue and Diamond Boulevard:

The project applicant shall contribute to the retiming of the traffic signal to provide additional green time for the westbound left turn movement. This retiming would reduce the increases in vehicle queues below the City’s threshold for a detrimental project effect.

To address the project’s impacts to the Concord Avenue and Diamond Boulevard intersection, the following Condition of Approval has been included:

Condition of Approval #73
Comply with the recommendations from the Traffic Study prepared by Fehr & Peers, dated April 25, 2022, including but not limited to:
a. The project applicant shall contribute to the retiming of the Diamond Boulevard and Concord Ave traffic signal to provide additional green time for the westbound left turn movement.

Prior to issuance of a development or building permit, whichever comes first, the project applicant shall deposit a sum of $10,000 into a trust account to be used for the purposes of retiming the signal and recalibrating adjacent signals to maintain smooth traffic flow.

I. Parking
Vehicle Parking. A total of 21 on-site parking spaces are required for the project as indicated below.

City Council Agenda Report
Agenda Item No. 9.a
September 27, 2022
Table #2: Required Vehicle Parking
Use Floor Area Ratio Requires Spaces Proposed Spaces
Retail 5,323 1/250 21 19 Standard
2 Compact
7 EV Charging
2 Accessible
30 spaces
The 21 parking spaces are both a minimum and maximum requirement. Parking spaces equipped with charging or fueling stations for electric or alternative fuel vehicles do not count towards excess parking. The project proposes a total of 30 spaces, of which seven are EV charging spaces. Based on this, Authentic exceeds the parking requirement by two spaces. This amounts to ten percent more parking than the Development Code requires. Section J discusses in further detail the Minor Exception findings for exceeding the maximum number of required spaces by up to ten percent.

Bicycle Parking
The Development Code requires short-term bicycle spaces equal to five percent of the required vehicle spaces, with a minimum of two spaces per site. Uses with 25 or more employees are required to provide long-term bicycle parking at a ratio of ten percent of the required number of vehicle spaces. As shown in Table #2 above, 21 parking spaces are required for Authentic. This results in a requirement of two spaces each for short term and long-term bicycle parking.

The two required short-term bicycle parking racks will be located to the west of the entrance and the two long-term bicycle parking will be located inside the building, in the utility room.

J. Minor Exception
As discussed above, the project is exceeding the required parking by two parking spaces. The Concord Development Code (CDC) does allow for the number of parking spaces to exceed the requirement by ten percent, subject to a minor exception and the findings listed below. Additionally, required parking may be exceeded (without a minor exception) to provide parking spaces equipped with a charging or fueling station for electric or alternative fuel vehicles. The site plan indicates seven EV charging spaces are proposed.

1. No practical alternative exists that will result in a superior project with regard to its appearance, relationship with existing buildings and improvements, visibility, and impacts to neighboring properties.

The proposed design and layout of the parking spaces is the preferred alternative because it provides efficient use of the existing parking lot and is decreasing the overall number of existing parking spaces by six.

City Council Agenda Report
Agenda Item No. 9.a
September 27, 2022
The area where the six parking spaces are located will be replaced with landscaping which will enhance the site’s appearance.

2. Other provisions of the development code will not be compromised.

The project will comply with all other applicable CDC standards for the WMX zoning district, with the exception of providing two excess parking spaces.

3. No negative impact will result.

There is sufficient space for the additional parking spaces and they do not negatively impact access, safety, or circulation.

4. The project will otherwise comply with all applicable development code standards and requirements.

The project is required to obtain a building permit and will comply with all other CDC standards.

K. Development Agreement
Development agreements are a contract between the City and an applicant for the development of a project site. These agreements typically provide the rules and regulations governing land use, density, and development regulations applicable to the development of the property at issue shall be those in place at the time of execution of the agreement. Development agreements can “vest” the right to develop property in a certain manner.

For the City’s cannabis businesses, the Development Agreement will memorialize the commitments of each entity selected by the City Council through the competitive selection process. The proposed Development Agreement was negotiated between Authentic and the City Attorney’s Office (Exhibit A of Attachment 2) and Authentic is now seeking approval of the Agreement by the City Council. The Development Agreement is comprised of two parts, a standardized framework applicable to all cannabis businesses that were subject to the competitive selection process and an exhibit memorializing each businesses’ stated community benefits. Below summarizes (and paraphrases) key details incorporated into Agreement followed by Authentic specific Agreement Terms:
 Term. The initial term of the Agreement would be for five years with an automatic extension for two more years if specific criteria are met. There is also an option for a discretionary second extension of five years, if approved by the City Council.
 Vested rights. The developer (Authentic) shall have the vested right to develop the property and operate the cannabis business in accordance

City Council Agenda Report
Agenda Item No. 9.a
September 27, 2022
with and subject to applicable City regulations, the project approvals, and the Development Agreement. Fees (i.e. impact fees, processing fees, etc.) are also vested on the effective date of the Agreement.  Applicable Laws. With the exception of the certain laws relating to cannabis businesses and land use and development, all other laws are not affected by the Development Agreement. For land use and development, all laws and regulations at the time the Development Agreement is executed are applicable to the project. Any new laws applicable to the project would have to be applied uniformly on a City-wide basis to other substantially similar projects and specifically pertain to any fees or charges, City procedures, or to protect physical health and safety.

For laws relating to cannabis businesses, all existing laws and regulations at the time the Development Agreement is executed are applicable to the project. Any new laws would have to be applied uniformly City-wide and provided that the changes do not prohibit operation of the cannabis business or restrict the sale of cannabis accessories4. For example if the City Council chose to ban cannabis vaping products in the future, the ban would not apply to the subject cannabis business because it would restrict the sale of cannabis accessories.
 Other required approvals. The developer acknowledges and is aware of federal laws and regulations regarding cannabis use, sale, and consumption and acknowledges it is at the developer’s risk. In addition, the developer is required to obtain and maintain the following, in addition to the requested entitlements:
o City of Concord Business License.
o City Cannabis License.
o State Cannabis License.
 Establishment of a Cannabis Community Benefit Fund (CCBF). The City will establish a fund into which local cannabis businesses, the City, and others may contribute funds. The City Council with direct disbursement of the funds. The Finance Department will establish procedures for this process. Expenditures are intended to advance the following community and public purposes:
o youth drug use prevention and education efforts;
4 Cannabis accessories means any equipment, products, materials or paraphernalia of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, smoking, vaporizing, or containing cannabis, or for ingesting, inhaling, or otherwise introducing cannabis or cannabis products into the human body, as defined by California Health and Safety Code Section 11018.2, or any successor statute thereto.

City Council Agenda Report
Agenda Item No. 9.a
September 27, 2022
o drug treatment programs and mental health programs, including programs providing supervised diversion from the criminal justice system to avoid recidivism;
o workforce development;
o small business assistance;
o providing amenities for public use and enjoyment, including streetscape and sidewalk improvements and public art installations; o event programming and other activation of public space; and o improving quality of life and providing economic opportunities.  Contribution frequency. All developer contributions shall be paid monthly on the 15th, once the agreement becomes effective.
 Sales tax. Any tax required by law to be included in or added to the purchase price and collected from the consumer or purchaser is excluded from gross receipts.
 Cannabis Tax. The City currently does not have a cannabis tax. However, if a cannabis tax is subsequently adopted, during the term of the Agreement, the Developer contributions shall offset the Developer’s liability pursuant to the tax.
 Annual Review. The City and Authentic shall conduct an annual review to confirm that the terms of the Development Agreement are being adhered to by all parties. Authentic shall submit an annual report which will be used in support of this review process (as discussed in the last bullet in this section).
 Nondiscrimination: The City, developer, and all contractors and service contractors shall refrain from discrimination or harassment based on race, ethnicity, national origin, gender, sexual orientation, age, religion, disability, veteran status, or any other basis prohibited by law, in all activities in furtherance of or on site of work performed in relation to the project and the cannabis business. Such entities shall take active steps to ensure that all on-site activities are conducted without discrimination or harassment on these bases, by all employees and representatives.  Major Amendments: Major amendments, as defined in the Agreement, require public hearings before the Planning Commission and City Council.

The City Manager shall have the sole authority to determine if an amendment is major or minor.
 Restriction on Transfer or Assignment: The developer shall not transfer or assign its interest under the Agreement, or its ownership or control of the cannabis business, or its interest in the property, or its rights under

City Council Agenda Report
Agenda Item No. 9.a
September 27, 2022
licenses, permits, or approvals required or granted by the City (including the project approvals), without the express written consent of the City.  Community Benefits (Exhibit B to Attachment 2 Exhibit A). The key component’s to Authentic’s specific voluntary community benefits, which were presented to the City Council as part of the interview and selection process, are as follows:
o Developer Contributions:
 One percent (1%) of Developer’s Cannabis Gross
Revenues5; or $20,000 (whichever is greater) on an annual basis to the CCBF.
 Five percent (5%) of Developer’s Cannabis Business Gross Receipts on an annual basis to the General Fund.
o Volunteer Hours:

At least twenty-four volunteer hours per cannabis business owner and on-site employee, each year. The details of the volunteer program are outlined in detail in the Community Benefits exhibit.
o Labor and Social Diversity:
 Authentic has entered into a Collective Bargaining
Agreement with United Food and Commercial Workers
Union Local 5 and will abide by the terms of that Agreement.  Actively develop a diverse candidate pool and prioritize the hiring of local and diverse talent to ensure the employees represent various racial, ethnic, and cultural backgrounds as well as women and military veterans.
 Will adhere to local recruitment efforts, including participation in local job fairs and outreach to community liaisons and partners, local community colleges and universities, and the Greater Concord Chamber of Commerce Job Postings
Board.
 Offer a workforce development program and other
continuing education opportunities to full time and part time employees.
 Promote causes such as fighting homelessness, assisting veterans, and fight cancer through promotions with 10-15% of the proceeds from certain product to be donated non-profit 5 The Development Agreement uses Gross Revenues and Gross Receipts interchangeably.

City Council Agenda Report
Agenda Item No. 9.a
September 27, 2022
organizations, at least four times a year.
 Provide a living wage that does not fall below $17.50 per hour and full-time exempt employees’ salaries do not fall below $50,000 per year. Provide healthcare and other
benefits to its full-time salaried employees.
o Neighborhood Compatibility Plan:
 The Developer shall follow and adhere to the Neighborhood Compatibility Plan submitted as part of Developer’s RFP response, including the designation of a Community
Relations Officer, who shall be responsible for addressing and mitigating any complaints from the public, customers, and businesses with respect to the Cannabis Business or the Property.
o Annual Review Report: Authentic agrees to include findings, information, or data to demonstrate its compliance with the agreed upon Community Benefits in its annual report to the City.

The CDC requires the City Council to make the following findings for adoption of the proposed Development Agreement.

1. The Development Agreement is consistent with the general plan and any applicable specific plan.

As discussed in Section E, the proposed cannabis storefront retail use is consistent with a number of policies within the General Plan, particularly by fostering entrepreneurship; increasing the variety for retail goods; and providing employment generating businesses that place an emphasis on hiring Concord residents. No specific plan applies to the project.

As discussed in Section F, the project is located within the WMX zoning district and complies with all applicable development standards, with the exception of the project exceeding its parking requirement, for which a Minor Exception is requested that staff supports as discussed in Section J.

2. The Development Agreement is in conformance with public convenience, general welfare, and good land use practices.

The cannabis storefront retail use will be in conformity with public convenience, general welfare, and good land use practices. Approval of the Development Agreement will include requirements for community benefits, including financial contributions to the City to further community programs.

The cannabis storefront retail use is permitted in the WMX (West Concord Mixed-Use) zoning district subject to an Administrative Permit and competitive selection process. The proposed use will be occupying an existing tenant