Agenda packet — Concord City Council, December 6, 2022 (part 1 of 2)

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

Pursuant to AB 361, the City is authorized to hold public meetings via teleconferencing and to make public meetings accessible telephonically or otherwise electronically to all members of the public. Tonight’s meeting will be conducted both in-person and remotely via Zoom.

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

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

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

To Participate in Public Comment During the Meeting:

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

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

Live Remote Public Comments: Members of the public may submit a live remote public comment via Zoom video conferencing. Download the Zoom mobile app from the Apple Appstore or Google Play. If you are using a desktop computer, you can test your connection to Zoom by clicking here. Zoom also allows you to join the meeting by phone.
Join the meeting at any point, but be sure you are in the meeting prior to the City Council consideration of the item on which you would like to provide comments. From a PC, Mac, iPad, iPhone or Android:
https://cityofconcord.zoom.us/j/88552169844?pwd=WG5UZnlQL1Z5dFFnYU9Bek5vODNNUT09 oWebinar ID: 885 5216 9844
oPasscode: 544850
oBy phone: US: +1 669 900 6833 or +1 346 348 7799 or 1 253 215 8782 Speakers will be asked to provide their name and city of residence, although providing this is not required for participation.
Each speaker will be afforded up to 3 minutes to speak. Speakers will be muted until their opportunity to provide public comment. When called upon to speak, speakers will be promoted to panelists so they have the ability to turn on their cameras so they are visible to the Council and public.

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

1. OPENING
Roll Call
Pledge of Allegiance - Councilmember McGallian

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

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

3. PRESENTATION
a. Presentation – of the Mayor's Community Service Award. Presentation by Mayor Aliano.

4. CITY COUNCIL/CITY COUNCIL SITTING AS THE LOCAL REUSE AUTHORITY (LRA)/CITY COUNCIL SITTING AS THE CONCORD-PLEASANT HILL HEALTH

CARE DISTRICT (CPHHCD) CONSENT CALENDAR
The public is entitled to address the City Council/LRA/CPHHCD on items appearing on the Consent Calendar before or during the City Council’s/LRA’S/CPHHCD’S consideration of the Consent Calendar. Adoption of the Consent Calendar may be made by one motion of the City Council/LRA/CPHHCD, provided that any Councilmember, individual or organization may request removal of an item from the Consent Calendar for separate consideration. If a request for removal of an item from the Consent Calendar has been received, the Mayor may defer action on the particular item and place the same on the regular agenda for consideration in any order s/he deems appropriate. Please see “How to Submit Public Comments” above.

CITY COUNCIL CONSENT CALENDAR
a. Considering – approval of the minutes from the September 27; October 4, 11, and 25; and November 1, 8, and 22, 2022, meetings. Recommended by the City Clerk.
b. Receiving – the Treasurer's Report for the period July 1 - September 30, 2022. Recommended by the City Treasurer.
c. Considering – adoption of Ordinance No. 22-13 entitled, "An Ordinance Amending Concord Municipal Code Title 15 (Buildings and Building Regulations) to Include the 2022 California Building Standards Code and the 2021 Uniform Swimming Pool, Spa and Hot Tub Code and Ratifying the Amendments to the 2022 California Fire Code Contained in the Contra Costa County Ordinance No. 2022-34." Ordinance No. 22-13 was introduced on 4 November 8, 2022, by reading of the title only and waiving further reading.

Recommended by the City Clerk.

CEQA: Not a project/exempt under and/or Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c)(2), 15061(b)(3), and/or 15378. d. Considering – approval of a Professional Services Agreement with RRM Design Group (“RRM”) to update the pre-approved Accessory Dwelling Units (ADUs) drawings in conformance with the 2022 California Building Standards Code in an amount not to exceed $22,500 for a one-year term, in a form approved by the City Attorney; and authorizing the City Manager to execute the agreement. (SB2 PGP grant funds) Recommended by the Director of Community Development.

CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c)(2), 15061(b)(3), 15060(c)(3), and/or or 15378.
e. Considering – the award of a Construction Contract in the amount of $253,362 to Rosas Brothers Construction for the Citywide Accessibility Improvements No. 9 (Project No. 2602) and authorizing staff to utilize the available project contingency for contract change orders up to 10% of the contract amount; authorizing the Mayor to execute the contract in a form acceptable to the City Attorney; and approving a related budget transfer of $23,000 from Citywide Accessibility Improvements No. 8 (Project No. 2519). (Funded by Community Development Block Grant Funds, Measure Q Local Funds) Recommended by the Director of Community Development.

NEPA: Categorical exclusion per Section 24 CFR 58.25 (a)(2).

CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(3), 15273, 15378, 15301, 15302, 15304, and/or Public Resources Code Section 21065.
f. Considering – award of On-Call Construction Contract for On-Call Citywide Sidewalk Replacement Phase 3 (Project No. 2341) to Kerex Engineering Inc. of Pleasant Hill for one year (with two one-year extensions possible) in the amount not to exceed $400,000 annually. (Funding source varies and includes property owner reimbursements) Recommended by the Director of Community Development.

CEQA: Not a project/exempt per CEQA Guidelines Sections 15060 (c), 15061 (b)(2), 15061 (b)(3), 15273, 15282 (j), 15378, 15301, Public Resources Code Section 21065 and/or 21080.19.
5 g. Considering – approval of a Facility Use Agreement with the Terrapins Swim Team covering the period of January 1, 2023, through December 31, 2027, and authorizing the City Manager to execute the Agreement in a form acceptable to the City Attorney. Recommended by the Director of Parks and Recreation.

CEQA: Not a project/exempt under Public Resources Code Section 21065, CEQA Guidelines Sections 15060, 15378, and 15061, 15301, and 15323. h. Considering – adoption of a Resolution approving the Summary Vacation of excess right of way abutting the East side of 2400 Willow Pass Road (APN 126-082-008) pursuant to Section 8334 of the Streets and Highways Code; (2) adoption of a Resolution declaring approximately 54 square feet of City property abutting the northwest edge of that excess right of way to be exempt surplus land; and (3) authorizing the City Manager to execute a quitclaim deed prepared by the City Attorney transferring that approximately 54 square feet of excess surplus land to 2400 Willow Pass, L.P., a California limited partnership, upon (a) its acquisition of 2400 Willow Pass Road (APN 126- 082-008), (b) execution of an offer of dedication to the City right of way at the corner of Willow Pass Road and Port Chicago Highway, and (c) payment to the City of the fair market price of $8,262, to facilitate the development of the Argent affordable housing project. Recommended by the Director of Community Development.

CEQA: Exempt from further environmental review pursuant to CEQA Guidelines Sections 15183.

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

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

CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, 14 Cal Code Reg. Sections 15060(c)(2), 15060(c)(3), 15061(b)(3) and/or 15378.
6 5. CITY COUNCIL REORGANIZATION PROCEEDINGS
The public is entitled to address the City Council on items appearing on the agenda before or during the City Council’s consideration of that item. Each speaker will be limited to approximately three minutes. Please see “How to Submit Public Comments” above. a. Considering – adoption of a Resolution declaring and accepting the results of the November 8, 2022, General Municipal Election for the City of Concord.

Report by Joelle Fockler, City Clerk.
b. Recognition – of and comments by outgoing Councilmember Timothy A.

McGallian.
c. Comments – on his year as Mayor. Report by Mayor Aliano. d. Oath of Office – for Councilmembers-elect Aliano, Hoffmeister, and Nakamura and City Treasurer-elect Patti Barsotti. Conducted by Joelle Fockler, City Clerk.
e. Comments – by Councilmembers-elect and City Treasurer-elect. f. Considering – nomination of Mayor and adoption of a Resolution confirming and designating Mayor of the City of Concord. Recommended by the City Clerk.
g. Considering – nomination of Vice Mayor and adoption of a Resolution confirming and designating Vice Mayor of the City of Concord.

Recommended by the City Clerk.

6. LOCAL REUSE AUTHORITY REORGANIZATION CONFIRMATION
a. Considering – confirmation of the designation of Mayor and Vice Mayor to serve as the Chair and Vice Chair of the Local Reuse Authority for the Concord Naval Weapons Station Reuse Plan as authorized by Resolution No. 06-01, adopted January 10, 2006. Recommended by the City Clerk.

7. ADJOURNMENT
Next Meeting: Regular Meeting
Date: 12/13/2022 6:30 p.m.
7 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: john crosby <[email protected]>
Sent: Friday, December 2, 2022 12:27 PM
To: City Clerk <[email protected]>
Subject: To be read aloud at the city council meeting

I am totally opposed to the development of 13,000 homes on the former Concord Naval Weapons Station. This would create a huge burden on our infrastructure. Concord residents are letting yards go brown to save water. Traffic conjestion would create gridlock

John Crosby
Sent from my iPad

Written Public Comment
Agenda Item No. 2.a
December 6, 2022

2.a

Page 1 of 1 ends

1 REGULAR MEETING OF THE

CONCORD CITY COUNCIL

CITY COUNCIL CHAMBER
1950 PARKSIDE DRIVE

CONCORD, CALIFORNIA AND VARIOUS

TELEPHONIC/ELECTRONIC LOCATIONS
TUESDAY, SEPTEMBER 27, 2022
The Concord City Council met in a regular meeting in the City Council Conference Room, 1950 Parkside Drive, Concord, California, at 5:30 p.m. on Tuesday, September 27, 2022, with Mayor Aliano presiding. All Councilmembers were present. Mayor Aliano opened a public comment period, and upon receiving no public comment, closed the public comment period. The meeting was recessed and immediately reconvened in a closed session for CONFERENCE WITH 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.

The meeting recessed at 6:25 p.m. to reconvene in open session in the City Council Chamber, 1950 Parkside Drive, Concord, California and via various telephonic/electronic locations.

The Concord City Council met in a regular meeting in the Council Chamber, located at 1950 Parkside Drive and via various telephonic/electronic locations at 6:30 p.m. on Tuesday, September 27, 2022, with Mayor Aliano presiding. The pledge of allegiance was led by Vice Mayor Hoffmeister. Minutes follow in abbreviated form per Resolution 3361 and Council Minutes of September 26, 1966.

ROLL CALL
COUNCILMEMBERS PRESENT: Edi Birsan, Laura Hoffmeister, Tim McGallian, Carlyn Obringer, Dominic Aliano
STAFF PRESENT: Valerie Barone, City Manager; Susanne Brown, City Attorney; Justin Ezell, Assistant City Manager; Joelle Fockler, City Clerk; Greg Taylor, Director of Information Technology; Kevin Marstall, Director of Community Development; William Tarbox, Director of Public Works; Mark Bustillos, Chief of Police; Karan Reid, Director of Finance; James Nakayama, Police Captain; Kevin Halm, Provisional Police Lieutenant; Ollie Sansen, Police Sergeant; Bruce Davis, Acting City Engineer; Lorna Villa, Associate Planner; Marie Suvansin, Economic Development Manager; Robert Carrera, Economic Development Specialist; Tianjun Cao, Associate Civil Engineer

MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Susan Requa; D’Marco Anthony; Karla Guerra; Anonymous; Ady; Sylvia Amorino Gonzalez, Concord; Alicia Arman, Oakland; Jan Lee Marshall, Concord; Laura Nakamura, Concord; Quinne Anderson, Concord; Bemu Chhabra, Concord; Edith Guillen, Monument Impact; Sandi Velazquez, Monument Impact
Maria Miranda, Concord; Samira Saboor, Concord; Debra
Ballinger, Monument Impact; Victor Tiglao, Concord, Paul Wood, Concord

4.a4.a4.a4.a4.a4.a4.a

Page 1 of 23 ends

City Council Minutes September 27, 2022
2 PUBLIC COMMENT PERIOD
Susan Requa spoke in opposition to Seeno Development.

D’Marco Anthony spoke in opposition to Tesla, Amazon, Bill Gates, and Seeno.

Karla Guerra thanked the Council for its support of the Latino Festival.

Anonymous spoke of a serial rapist in Concord.

PRESENTATION
POLICE DEPARTMENT’S USE OF UNMANNED AIRCRAFT SYSTEMS
Mayor Aliano introduced Sergeant Ollie Sansen and Lieutenant Kevin Helm who gave a presentation on the Police Department’s use of Unmanned Aircraft Systems (UAS/drones).

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

D’Marco Anthony spoke of the need for a GARE assessment on the use of UAS and in opposition to the use of UAS.

Ady questioned the cost of the drones.

Anonymous stated that the statistics are manipulated.

Mayor Aliano closed the public comment period.

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

ADOPTION OF RESOLUTION NO. 22-61 – Accepting and appropriating grant funding from the California Office of Traffic Safety (OTS)
A motion was made by Obringer and seconded by Hoffmeister to adopt Resolution No. 22-61 entitled, “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.” The motion passed by unanimous vote of the Council.

APPROVAL OF A SERVICES AGREEMENT – Peregrine Technologies A motion was made by Obringer and seconded by Hoffmeister 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 over four years, including a 15% contingency, and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.

ADOPTION OF RESOLUTION NO. 22-62 – Accepting the Fiscal Year 2021/22 Consolidated Annual Performance and Evaluation Report (CAPER)
A motion was made by Obringer and seconded by Hoffmeister to adopt Resolution No. 22-62 entitled, “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

Page 2 of 23 ends

City Council Minutes September 27, 2022
3 Block Grant (CDBG) Program as required by the U.S. Department of Housing and Urban Development (HUD).” The motion passed by unanimous vote of the Council.

APPROVAL OF A FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT – Gary D.

Nelson Associates, Inc.

A motion was made by Obringer and seconded by Hoffmeister to approve 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. The motion passed by unanimous vote of the Council.

ACCEPTANCE AND APPROPRIATION OF GRANT FUNDS – Affordable Housing and Sustainable Communities (AHSC) Program Grant Funds for the Downtown Corridors Bicycle and Pedestrian Improvement Project (Project No. 2424)
A motion was made by Obringer and seconded by Hoffmeister to accept and appropriate $3,800,000 of 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. The motion passed by unanimous vote of the Council.

CITY COUNCIL CONSIDERATION ITEMS
RECOMMENDATIONS FROM THE COUNCIL AD HOC COMMITTEE – American Rescue Plan Act Investment Plan
Assistant City Manager Justin Ezell presented the recommendations from the Council Ad Hoc Committee for the American Rescue Plan Act Investment Plan including Ad Hoc recommended spending categories:
 City Projects, Public Safety, and Special Events
 Support for Nonprofit Organizations
 Support for the Unhoused
 Support for Small Businesses
Mr. Ezell provided the staff-recommended next steps including:

1. Agendize extension of the ARPA Ad Hoc

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

3. Agendize $500,000 special events for HED (after New Year)

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

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

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

7. Work with Chamber on $2 million small business grant program Assistant City Manager Ezell requested direction to staff on next steps with the following allocations:
 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)
Following questions from the City Council, Mayor Aliano opened a public comment period.

The following people spoke in support of a line item for funding for the Arts:

Page 3 of 23 ends

City Council Minutes September 27, 2022
4 Sylvia Amorino Gonzalez, Concord
Alicia Arman, Oakland
Jan Lee Marshall, Concord
Laura Nakamura, Concord
Quinne Anderson, Concord
Bemu Chhabra, Concord, spoke in support of funding for family childcare centers.

The following people spoke in support of funding for Monument Impact:

Edith Guillen, Monument Impact
Sandi Velazquez, Monument Impact
Maria Miranda, Concord
Samira Saboor, Concord
Debra Ballinger, Monument Impact, spoke of the need for small business grants and in support of a line item for the Arts.

Victor Tiglao, Concord, spoke of funding the Treat Boulevard Pavement Rehabilitation Project with ARPA funding.

D’Marco Anthony, Concord, stated concern over the City working with the Chamber of Commerce.

Susan Requa stated concern for equity.

Ady stated that funding should go to renters, the unhoused, and small businesses.

Mayor Aliano closed the public comment period and recessed the meeting at 8:34 p.m. The meeting resumed at 8:45 p.m.

Following discussion by the Council, staff was directed to allocate $19 million of American Rescue Plan Act (ARPA) funds as follows: $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 and certain home-based businesses involving landscaping/gardening and housekeeping services.

It was the consensus of the Council that the ARPA Ad Hoc Committee, consisting of Mayor Aliano and Vice Mayor Hoffmeister, review and rank applications for the $7 million nonprofit grants; and provide the award recommendations to the full Council.

APPOINTMENT TO THE PLANNING COMMISSION
City Clerk Joelle Fockler presented the staff report, explaining that the Council was being requested to appoint a member to the Planning Commission for a term ending February 28, 2023, by ballot vote.

Mayor Aliano opened a public comment period.

The following individuals spoke in favor of candidate Paul Wood:

Page 4 of 23 ends

City Council Minutes September 27, 2022
5 Ady
Paul Wood
Laura Nakamura
Following a ballot vote, a motion was made by Hoffmeister and seconded by Birsan to approve the appointment of Aeysha Corio to fill an unscheduled vacancy for a term ending February 28, 2023, on the Planning Commission. The motion passed by unanimous vote of the Council.

A motion was made by Birsan and seconded by Obringer to continue the meeting past 10 p.m. to consider the public hearings and remaining items on the agenda. The motion passed by unanimous vote of the Council.

CITY COUNCIL PUBLIC HEARINGS
ADOPTION OF RESOLUTION NO. 22-63 APPROVING AN ADMINISTRATIVE PERMIT, MINOR EXCEPTION, AND DESIGN AND SITE REVIEW AND INTRODUCTION OF ORDINANCE NO. 22-10 APPROVING AND ADOPTING A DEVELOPMENT AGREEMENT – Authentic Concord (dba “Stiiizy”) at 1045 Galaxy Way
Associate Planner Lorna Villa presented the staff report, explaining that the City Council was being requested to consider an Administrative Permit, Minor Exception, and Design and Site Review, and introduction of an ordinance for a Development Agreement with Authentic Concord (dba “Stiiizy”) to develop a cannabis storefront and delivery retail business at 1045 Galaxy Way, by reading of the title only and waiving further reading.

Sirus Pai, Shryne Group, Inc. presented on behalf of the applicant.

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

Ady spoke in opposition to the location.

Mayor Aliano closed the public comment period.

A motion was made by Birsan and seconded by Hoffmeister to adopt Resolution No. 22-63 entitled, “A Resolution Approving an Administrative Permit, Minor Exception, and, Design and Site Review, for a Cannabis Storefront and Delivery Retail Business at 1045 Galaxy Way, APN: 126-325-004 (PL21153 – AA, ME, DR, DA). Authentic Concord, LLC (dba “Stiiizy”).” The motion passed by unanimous vote of the Council.

A motion was made by Birsan and seconded by Hoffmeister to introduce Ordinance No. 22-10 entitled, “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 Property located at 1045 Galaxy Way, Assessor’s Parcel Number: 126-325-004” by reading of the title only and waiving further reading. The motion passed by unanimous vote of the Council.

INTRODUCTION OF ORDINANCE NO. 22-11 – Repeal Urgency Ordinance No. 20-5 Economic Development Specialist Robert Carrera reported that the Council was being requested to introduce an ordinance repealing Urgency Ordinance No. 20-5 and terminating the Temporary Master License Program for new or expanded outdoor operations and the Fee Waiver Program for permanent outdoor dining operations by reading of the title only and waiving further reading.

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

Page 5 of 23 ends

City Council Minutes September 27, 2022
6 A motion was made by Birsan and seconded by Obringer to introduce Ordinance No. 22-11 entitled, “An Ordinance Repealing Urgency Ordinance No. 20-5, which approved the Concord Forward Action Plan (Plan) and authorized Temporary Waiver/Suspension of Enforcement of certain Concord Municipal Code Provisions and temporarily waived certain fees in the Master Fees and Charges Schedule in order to support implementation of the Plan and facilitate business operations impacted by Novel Coronavirus“ by reading of the title only and waiving further reading. The motion passed by unanimous vote of the Council.

CORRESPONDENCE
a. Agenda Item No. 5.a – Written Public Comment
b. Agenda Item No. 6.a – Unmanned Aircraft Systems – PowerPoint Presentation c. Agenda Item No. 8.a – American Rescue Plan Act Investment Plan – Benched Correspondence d. Agenda Item No. 8.a – American Rescue Plan Act Investment Plan – PowerPoint Presentation e. Agenda Item No. 8.a – American Rescue Plan Act Investment Plan – Letter to Council from Monument Impact, dated September 27, 2022
f. Agenda Item No. 9.a – Authentic Concord (dba “Stiiizy”) – PowerPoint Presentation g. Agenda Item No. 9.b – Repeal Urgency Ordinance No. 20-5 – PowerPoint Presentation

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

ADJOURNMENT
By order of the Mayor, the meeting was adjourned on September 27, 2022, at 10:37 p.m.

DOMINIC ALIANO
MAYOR

JOELLE FOCKLER, MMC

CITY CLERK

Page 6 of 23 ends

REGULAR MEETING OF THE

CONCORD CITY COUNCIL/CITY COUNCIL

SITTING AS THE LOCAL REUSE

AUTHORITY/CITY COUNCIL SITTING AS THE

CONCORD-PLEASANT HILL HEALTH CARE

DISTRICT

CITY COUNCIL CHAMBER
1950 PARKSIDE DRIVE

CONCORD, CALIFORNIA AND VARIOUS

TELEPHONIC/ELECTRONIC LOCATIONS
TUESDAY, OCTOBER 4, 2022
The Concord City Council met in a regular meeting in the Council Chamber, located at 1950 Parkside Drive and via various telephonic/electronic locations at 6:30 p.m. on Tuesday, October 4, 2022, with Mayor Aliano presiding. The pledge of allegiance was led by Councilmember Birsan. Minutes follow in abbreviated form per Resolution 3361 and Council Minutes of September 26, 1966.

MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Krassimira Grantchardva, Concord; Natalie; D’Marco Anthony

PUBLIC COMMENT PERIOD
Krassimira Grantchardva, Concord, spoke of a problem with her Home Owners Association making improvements to the development and passing along the costs to the homeowners without the homeowners’ prior knowledge.

Natalie spoke of the City actively promoting the planting of fruit trees instead of lawn in the yards of homes in Concord, and the City hosting a town hall to talk about urban agriculture in relation to the drought.

D’Marco Anthony spoke about City Council candidates Quinne Anderson and Robert Ring and his concern over Concord First Partner’s participation in Festival Latino held in September.

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

DISTRICT (CPHHCD) CONSENT CALENDAR
ADOPTION OF CITY COUNCIL RESOLUTION NO. 22-64, LOCAL REUSE AUTHORITY RESOLUTION NO. 22-43, CONCORD-PLEASANT HILL HEALTH CARE DISTRICT RESOLUTION NO. 22-035 – Continue Meetings Remotely, AB 361
This item was pulled from consideration on the consent calendar by D’Marco Anthony, who spoke in support of holding meetings remotely.

Page 7 of 23 ends

City Council Minutes October 4, 2022
2 Mayor Aliano opened a public comment period, and upon receiving no public comment, closed the public comment period.

A motion was made by Birsan and seconded by Obringer to adopt Resolution No. 22-64, Local Reuse Authority Resolution No. 22-43, and Concord/Pleasant Hill Health Care District Resolution No. 22- 035 entitled, “A Resolution Declaring the Ability of the City Council, Local Reuse Authority, Concord/Pleasant Hill Health Care District, Standing City Council Subcommittees, and all City Boards, Commissions, and Committees to Continue to Meet Remotely Pursuant to AB 361.” The motion passed by unanimous vote of the Council.

CLOSED SESSION

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

RECESS TO CLOSED SESSION
The meeting was recessed and immediately reconvened in a closed session for 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 in the City Council Conference Room, 1950 Parkside Drive, Concord, California on Tuesday, October 4, 2022, with Mayor Aliano presiding. All Councilmembers were present.

ADJOURNMENT
By order of the Mayor, the meeting was adjourned on October 4, 2022, at 7:51 p.m.

DOMINIC ALIANO
MAYOR

JOELLE FOCKLER, MMC

CITY CLERK

Page 8 of 23 ends

1 REGULAR MEETING OF THE

CONCORD CITY COUNCIL

CITY COUNCIL CHAMBER
1950 PARKSIDE DRIVE

CONCORD, CALIFORNIA AND VARIOUS

TELEPHONIC/ELECTRONIC LOCATIONS
TUESDAY, OCTOBER 11, 2022
The Concord City Council met in a regular meeting in the Council Chamber, located at 1950 Parkside Drive and via various telephonic/electronic locations at 6:30 p.m. on Tuesday, October 11, 2022, with Mayor Aliano presiding. The pledge of allegiance was led by Councilmember McGallian. Minutes follow in abbreviated form per Resolution 3361 and Council Minutes of September 26, 1966.

ROLL CALL
COUNCILMEMBERS PRESENT: Edi Birsan, Laura Hoffmeister, Tim McGallian, Carlyn Obringer, Dominic Aliano
STAFF PRESENT: Valerie Barone, City Manager; Susanne Brown, City Attorney; Justin Ezell, Assistant City Manager; Joelle Fockler, City Clerk; Stefanie Ananthan, Senior Administrative Analyst; Greg Taylor, Director of Information Technology; Will Tarbox, Director of Public Works; Mark Bustillos, Chief of Police; Kevin Marstall, Director of Community Development; Craig Blythe,
Administrative Services Manager; James Nakayama, Police Captain; Brenda Kain, Housing Manager; Carlton Thompson, City Engineer; Sophia Huckabay, Housing Program Analyst; Bernard Enrile, CIP Manager; Kevin Wheat, Associate Civil Engineer

MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Henry Symons, BART; Frank Sterling; Anonymous

PUBLIC COMMENT PERIOD
Henry Symons, BART, spoke of upcoming BART shutdowns.

Frank Sterling announced a walk from Todos Santos Plaza to the Downtown BART Station to be held on November 2, 2022, in memory of his cousin Timothy Lee who was killed in 1985.

Anonymous stated that her attacker was arrested and the police weren’t willing to work with her.

PRESENTATIONS
4TH OF JULY PARADE WINNERS 2022
Mayor Aliano introduced the Concord 4th of July Committee, consisting of Councilmembers McGallian and Obringer, who presented recognition certificates to the supporters and sponsors of the 4th of July activities.

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

Page 9 of 23 ends

City Council Minutes October 11, 2022
2 FAMILY JUSTICE CENTER
Mayor Aliano introduced Natalie Oleas, Central Center Director and Susun Kim, Executive Director from the Family Justice Center, who provided an overview and update on the Family Justice Center.

Mayor Aliano opened a public comment period.

Anonymous stated that the police department should tell everyone about Family Justice Center services and spoke of eye movement desensitization and reprocessing therapy.

Mayor Aliano closed the public comment period.

CITY COUNCIL CONSENT CALENDAR
APPROVAL OF MINUTUES – June 21 and August 9, 2022
A motion was made by Hoffmeister and seconded by Birsan to approve the minutes from the meetings on June 21 and August 9, 2022. The motion passed by unanimous vote of the Council.

ACCEPTANCE OF IMPROVEMENTS – Pavement Maintenance Zone 3 (Project No. 2443) A motion was made by Hoffmeister and seconded by Birsan to accept improvements for the Pavement Maintenance Zone 3 Project (Project No. 2443) located in the neighborhood surrounding Woodside Elementary school, including residential streets Barrymore Drive, McKean Drive, San Simeon Drive, and Citrus Avenue; and direct the City Clerk to file a Notice of Completion. The motion passed by unanimous vote of the Council.

AWARD OF CONTRACT – Universal Building Services and Supply, Co.

A motion was made by Hoffmeister and seconded by BIrsan to award a three-year contract for janitorial services not to exceed the amount of $535,000 per year to Universal Building Services and Supply, Co. with the option to extend the contract for two (2) additional one (1) year periods, authorizing staff to increase the annual amount no more than three-percent each fiscal year thereafter; and authorize the City Manager to execute a contract in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.

APPROVAL OF A LICENSE AGREEMENT – RMG Housing
A motion was made by Hoffmeister and seconded by Birsan to approve a License Agreement with RMG Housing for a fee of $5,800 per month to allow temporary use of the City-owned site at 1765 Galindo Street as a construction yard for the storage, staging, and mobilization of modular units for building construction at 1335 Galindo Street for the period between February 1, 2023 to April 30, 2023 (APN: 126-143-012); and authorize the City Manager to execute the Agreement in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.

ADOPTION OF ORDINANCE NO. 22-10 – Authentic Concord, LLC (dba “Stiiizy”) A motion was made by Hoffmeister and seconded by Birsan to adopt Ordinance No. 22-10 entitled, “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 Property located at 1045 Galaxy Way, Assessor’s Parcel Number: 126-325-004 (PL21153 – AA, ME, DR, DA).“ Ordinance No. 22-10 was introduced on September 27, 2022, by reading of the title only and waiving further reading.

The motion passed by unanimous vote of the Council.

Page 10 of 23 ends

City Council Minutes October 11, 2022
3 ADOPTION OF ORDINANCE NO. 22-11 – Repealing Urgency Ordinance No. 20-5 A motion was made by Hoffmeister and seconded by Birsan to adopt Ordinance No. 22-11 entitled, “An Ordinance Repealing Urgency Ordinance No. 20-5, which approved the Concord Forward Action Plan (Plan) and authorized Temporary Waiver/Suspension of Enforcement of certain Concord Municipal Code Provisions and temporarily waived certain fees in the Master Fees and Charges Schedule in order to support implementation of the Plan and facilitate business operations impacted by Novel Coronavirus.” Ordinance No. 22-11 was introduced on September 27, 2022, by reading of the title only and waiving further reading. The motion passed by unanimous vote of the Council.

CITY COUNCIL CONSIDERATION ITEMS
APPROVAL OF SELECTED ARTWORK – Phase III of the Utility Box Artwork Program Assistant City Manager Justin Ezell introduced Catherine Hensiek, Concord Art Association, who reviewed the selection criteria and process for the artwork for Phase III of the Utility Box Artwork Program.

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

A motion was made by Birsan and seconded by Obringer to approve the selected artwork for Phase III of the Utility Box Artwork Program; and authorize the City Manager to execute the artist agreements in a form approved by the City Attorney. The motion passed by unanimous vote of the Council.

Mayor Aliano recessed the meeting at 7:54 p.m. The meeting resumed at 8:05 p.m.

PLANNING COMMISSION RECRUITMENT PROCESS
City Clerk Joelle Fockler presented the staff report, provided background, and explained the eligibility criteria and written application process for Planning Commission recruitments.

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

A motion was made by Birsan and seconded by Aliano directing staff to make changes to the eligibility criteria and written application for Planning Commission recruitments as presented. The motion failed by the following vote of the Council:

AYES: Birsan, Aliano NOES: Hoffmeister, McGallian, Obringer A motion was made by McGallian and seconded by Obringer directing staff to add the following interview questions specific to incumbents:

1. If you were in the minority on any vote on an issue before the Planning Commission, please describe the point of disagreement in the case.

2. If you were in the majority on any vote on an issue before the Planning Commission, please describe the point that the other side disagreed with.

The motion passed by unanimous vote of the Council.

Page 11 of 23 ends

City Council Minutes October 11, 2022
4 CITY COUNCIL PUBLIC HEARING
ADOPTION OF RESOLUTION NO. 22-65 – Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA) related to The Argent
Housing Program Analyst Sophia Huckabay presented the staff report, provided background, and then introduced Ross Ferrera, Meta Housing, and Anthony Stubbs, CMFA, who continued the presentation and explained the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA) in relation to The Argent, an entitled affordable multifamily rental housing project located at 2400 Willow Pass Road.

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

A motion was made by Hoffmeister and seconded by Obringer to adopt Resolution No. 22-65 entitled, “Resolution Pursuant to the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA) and the Internal Revenue Code of 1986 Approving the Issuance of the California Municipal Finance Authority Multifamily Housing Revenue Bonds in an Aggregate Principal Amount not to exceed $85,000,000 for the Purpose of Financing or Refinancing the Acquisition, Construction, Improvement and Equipping of the Argent, an Entitled Affordable Multifamily Rental Housing Project with a Site Location of 2400 Willow Pass Road, Concord, California, and Certain Other Matters Relating Thereto.” The motion passed by unanimous vote of the Council.

CORRESPONDENCE
a. Agenda Item No. 2.a – Written Public Comment
b. Agenda Item No. 3.b – Family Justice Center – PowerPoint Presentation c. Agenda Item No. 5.a – Utility Box Artwork Program – PowerPoint Presentation d. Agenda Item No. 5.b – Planning Commission Application Criteria – Benched Correspondence e. Agenda Item No. 5.b – Planning Commission Application Criteria – PowerPoint Presentation f. Agenda Item No. 6.a – The Argent – PowerPoint Presentation

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

AD HOC COMMITTEE UPDATE – Extension of the ARPA Ad Hoc Committee’s scope and term Mayor Aliano reported on the extension of the ARPA Ad Hoc Committee’s scope and term for the purpose of making recommendations to Council on nonprofit grant awards; the Committee will continue to exist only until $7 million of grant award recommendations are made to the full Council.

ADJOURNMENT
By order of the Mayor, the meeting was adjourned on October 11, 2022, at 9:10 p.m.

DOMINIC ALIANO
MAYOR

JOELLE FOCKLER, MMC

CITY CLERK

Page 12 of 23 ends

1 REGULAR MEETING OF THE

CONCORD CITY COUNCIL/CITY COUNCIL

SITTING AS THE LOCAL REUSE

AUTHORITY/CITY COUNCIL SITTING AS THE

CONCORD-PLEASANT HILL HEALTH CARE

DISTRICT

CITY COUNCIL CHAMBER
1950 PARKSIDE DRIVE

CONCORD, CALIFORNIA AND VARIOUS

TELEPHONIC/ELECTRONIC LOCATIONS
TUESDAY, OCTOBER 25, 2022
The Concord City Council met in a regular meeting in the Permit Center Conference Room, 1950 Parkside Drive, Concord, California and via various telephonic/electronic locations at 5:09 p.m. on Tuesday, October 25, 2022, with Vice Mayor Hoffmeister presiding. Mayor Aliano was absent. Vice Mayor Hoffmeister opened a public comment period, and upon receiving no public comment, closed the public comment period. Mayor Aliano arrived at 5:11 p.m. The meeting was recessed and immediately reconvened in a closed session for 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; Donna Lee, Budget Officer; Lisa Charbonneau, Esq., Liebert Cassidy Whitmore; Jeff Chang, Esq., Best, Best, & Krieger LLP, Employee organizations: Peace Officer Representation Unit of Concord Police Officers Association; and Police Managerial Representation Unit of Police Managers’ Association.

The meeting recessed at 6:55 p.m. to reconvene in open session in the City Council Chamber, 1950 Parkside Drive, Concord, California and via various telephonic/electronic locations.

The Concord City Council met in a regular meeting in the Council Chamber, located at 1950 Parkside Drive and via various telephonic/electronic locations at 7:00 p.m. on Tuesday, October 25, 2022, with Mayor Aliano presiding. The pledge of allegiance was led by Councilmember Obringer. Minutes follow in abbreviated form per Resolution 3361 and Council Minutes of September 26, 1966.

ROLL CALL
COUNCILMEMBERS PRESENT: Edi Birsan, Laura Hoffmeister, Tim McGallian, Carlyn Obringer, Dominic Aliano
STAFF PRESENT: Valerie Barone, City Manager; Susanne Brown, City Attorney; Justin Ezell, Assistant City Manager; Stefanie Ananthan, Deputy City Clerk; Greg Taylor, Director of Information Technology; Kevin Marstall, Director of Community Development; William Tarbox, Director of Public Works; James Nakayama, Police Captain; Carlton Thompson, City Engineer; Craig Blythe, Administrative Services Manager; Bernard Enrile, CIP Manager; Deyuanne Lei, Associate Civil Engineer; Robert Carrera, Economic Development Specialist

MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Mike McDermott, Concord; D’Marco Anthony, Concord; Frank Sterling; Quinne Anderson; Natalie; Suzan Requa; Ady; Melissa Rea, Greater Concord Chamber of Commerce; Anonymous

PUBLIC COMMENT PERIOD
Mike McDermott, Concord, mentioned he has been a volunteer of the non-profit organization Monument Youth Group Drug and Alcohol Coalition, and how important it is for City leaders to work with Mt. Diablo School District to restore the program of having School Resource Officers at local high schools.

Page 13 of 23 ends

City Council Minutes October 25, 2022
2 D’Marco Anthony, Concord, spoke about a Councilmember deleting comments from their official social media account; and the importance of protecting tenants from unfair evictions.

Frank Sterling announced a walk from Todos Santos Plaza to the Downtown BART Station, which will be held on November 2, 2022, in memory of his cousin Timothy Charles Lee who was killed in 1985.

Quinne Anderson spoke of her disappointment that the proposed language for Planning Commission applications included the requirement to be a U.S. citizen, instead of being a Concord resident.

Natalie said Councilmembers should not delete any public posting or comments from any official public social media accounts, except on their own personal accounts.

Suzan Requa stated Seeno should be stopped as a Master Developer and spoke about the circulation of a petition and a community coalition to stop Seeno from future developments.

Ady referenced the recent HED meeting held on the homelessness crisis and that she is seeking clarity on the process to develop a working group for the strategic plan, whether it will be by application or appointment; and the importance of creating a temporary safe place for the homeless while waiting to form the working group.

Melissa Rea, President/CEO of Greater Concord Chamber of Commerce, provided a handout with information and eligibility requirements for the Small Business Reimbursement Grant funded by ARPA and spoke briefly about the services being offered by the Chamber of Commerce to assist with grant applications.

Anonymous spoke about her concern for her safety, her value to the community, who she is as a person, and stated that her attacker who was previously arrested was recently out on bail.

PRESENTATION

BUSINESS RECOGNITION AWARDS
Mayor Aliano introduced Economic Development Specialist Robert Carrera, who presented an overview of the program, and then introduced Melissa Rea, President/CEO for Greater Concord Chamber of Commerce, who introduced and presented Business Recognition Awards to Trader Joes; Golden State Lumber; and Empire Barbershop.

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

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

DISTRICT (CPHHCD) CONSENT CALENDAR
Mayor Aliano opened a public comment period, and upon receiving no public comment, closed the public comment period.

CITY COUNCIL CONSENT CALENDAR
ACCEPTANCE AND APPROPRIATION OF GRANT FUNDS – Accepting and appropriating Transportation Development Act – Article 3 (TDA) grant funding from Metropolitan Transportation Commission (MTC)
This item was pulled from consideration on the Consent Calendar by Vice Mayor Hoffmeister who wanted to make the public aware of the safety enhancements that will be completed at the project location through use of the grant funds received.

Page 14 of 23 ends

City Council Minutes October 25, 2022
3 Mayor Aliano opened a public comment period, and upon receiving no public comment, closed the public comment period.

A motion was made by Hoffmeister and seconded by McGallian to accept and appropriate $180,000 of Transportation Development Act – Article 3 (TDA) grant funds from Metropolitan Transportation Commission (MTC) for the Bailey Road Crossing Enhancements at Olive Drive and Limewood Drive. The motion passed by unanimous vote of the Council.

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

DISTRICT (CPHHCD) CONSENT CALENDAR
ADOPTION OF CITY COUNCIL RESOLUTION NO. 22-66, LOCAL REUSE AUTHORITY RESOLUTION NO. 22-44, CONCORD-PLEASANT HILL HEALTH CARE DISTRICT RESOLUTION NO. 22-036 – Continue Meetings Remotely, AB 361
A motion was made by Obringer and seconded by Birsan to adopt Resolution No. 22-66, Local Reuse Authority Resolution No. 22-44, and Concord/Pleasant Hill Health Care District Resolution No. 22- 036 entitled, “A Resolution Declaring the Ability of the City Council, Local Reuse Authority, Concord/Pleasant Hill Health Care District, Standing City Council Subcommittees, and all City Boards, Commissions, and Committees to Continue to Meet Remotely Pursuant to AB 361.” The motion passed by unanimous vote of the Council.

CITY COUNCIL PUBLIC HEARING
INTRODUCTION OF ORDINANCE NO. 22-12 ADDING CHAPTER 8.18 TO CONCORD MUNICIPAL CODE AND ADOPTION OF RESOLUTION NO. 22-6042.2 AMENDING EXHIBIT A TO RESOLUTION NO. 78-6042 – AB 1276, Single-Use Foodware Accessories and Condiments Administrative Services Manager Craig Blythe presented the staff report, provided background and explained the requirements, definitions, education and outreach, fees and penalties, and enforcement of the state-mandated law AB 1276 related to single-use foodware accessory and standard condiments.

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

The following people spoke in favor of AB 1276:

Ady
Natalie
Mayor Aliano closed the public comment period.

Following discussion by the Council, a motion was made by Obringer and seconded by McGallian to introduce Ordinance No. 22-12 entitled, “An Ordinance of the City Council of the City of Concord Adding Chapter 8.18 (Single-Use Foodware Accessories and Condiments) to Title 8 (Health and Safety) of the Concord Municipal Code Adopting by Reference Chapter 5.2 (Commencing with Section 42270) of Part 3 of Division 30 of the California Public Resources Code Prohibiting a Food Facility from Providing Any Single-Use Foodware Accessory or Standard Condiment Unless Requested by Consumer and Authorizing City and County Enforcement and Penalties” by reading of the title only and waiving further reading. The motion passed by unanimous vote of the Council.

A motion was made by Hoffmeister and seconded by Birsan to adopt Resolution No. 22-6042.2 entitled, “A Resolution Amending Exhibit A to Resolution No. 78-6042 (Establishing Fees and Charges for Various Municipal Services in the City of Concord).” The motion passed by unanimous vote of the Council.

Page 15 of 23 ends

City Council Minutes October 25, 2022
4 CORRESPONDENCE
a. Agenda Item No. 5.a – Written Public Comment
b. Agenda Item No. 6.a – Business Recognition Awards – PowerPoint Presentation c. Agenda Item No. 7.b – Continue Meetings Remotely, AB 361 – Benched Correspondence d. Agenda Item No. 8.a – Single-Use Foodware Accessories and Condiments – Benched Correspondence
e. Agenda Item No. 8.a – Single-Use Foodware Accessories and Condiments – PowerPoint Presentation
f. Agenda Item No. 10.a – California Cannabis Control Session – Benched Correspondence

CITY MANAGER REPORT
City Manager Valerie Barone shared information regarding a clogged sewer line that impaired sewer service to homes within the community and that she has authorized City staff to take immediate emergency actions to repair the sewer line and restore service. She stated a staff report will come before City Council at the November 1, 2022, meeting.

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

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

WRITTEN REPORT – California Cannabis Control Session
Councilmember Birsan shared information submitted in a written report on California Cannabis Control Session held October 12-13, 2022.

Mayor Aliano opened a public comment period.

Mike McDermott, Concord, said he does not believe having any legal recreational drug storefronts will deter the youth population from accessing and growing illegal drugs.

Mayor Aliano closed the public comment period.

ADJOURNMENT
By order of the Mayor, the meeting was adjourned October 25, 2022, at 8:12 p.m.

DOMINIC ALIANO
MAYOR

STEFANIE ANANTHAN

DEPUTY CITY CLERK

Page 16 of 23 ends

REGULAR MEETING OF THE

CONCORD CITY COUNCIL

CITY COUNCIL CHAMBER
1950 PARKSIDE DRIVE

CONCORD, CALIFORNIA AND VARIOUS

TELEPHONIC/ELECTRONIC LOCATIONS
TUESDAY, NOVEMBER 1, 2022
The Concord City Council met in a regular meeting in the Council Chamber, located at 1950 Parkside Drive and via various telephonic/electronic locations at 5:30 p.m. on Tuesday, November 1, 2022, with Mayor Aliano presiding. The pledge of allegiance was led by Vice Mayor Hoffmeister. Minutes follow in abbreviated form per Resolution 3361 and Council Minutes of September 26, 1966.

MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: None

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

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

AWARD OF CONSTRUCTION CONTRACT – APB Engineering, Inc. for Emergency Sewer Mainline Repair at 4000 Browning Drive
A motion was made by Birsan and seconded by Hoffmeister to award a Construction Contract not to exceed $150,000 to APB Engineering, Inc. for the Emergency Sewer Mainline Repair at 4000 Browning Drive and authorize the City Manager to execute an Agreement in a form acceptable to the City Attorney (Sewer Fund Enterprise). The motion passed by unanimous vote of the Council.

CLOSED SESSION

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

RECESS TO CLOSED SESSION

Page 17 of 23 ends

City Council Minutes November 1, 2022
2 The meeting was recessed and immediately reconvened in a closed session for 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 in the Permit Center Conference Room, 1950 Parkside Drive, Concord, California on Tuesday, November 1, 2022, with Mayor Aliano presiding.

All Councilmembers were present.

ADJOURNMENT
By order of the Mayor, the meeting was adjourned on November 1, 2022, at 5:32 p.m.

DOMINIC ALIANO
MAYOR

JOELLE FOCKLER, MMC

CITY CLERK

Page 18 of 23 ends

REGULAR MEETING OF THE

CONCORD CITY COUNCIL/CITY COUNCIL

SITTING AS THE LOCAL REUSE

AUTHORITY/CITY COUNCIL SITTING AS THE

CONCORD-PLEASANT HILL HEALTH CARE

DISTRICT

CITY COUNCIL CHAMBER
1950 PARKSIDE DRIVE

CONCORD, CALIFORNIA AND VARIOUS

TELEPHONIC/ELECTRONIC LOCATIONS
TUESDAY, NOVEMBER 8, 2022
The Concord City Council met in a regular meeting in the Council Chamber, located at 1950 Parkside Drive and via various telephonic/electronic locations at 6:30 p.m. on Tuesday, November 8, 2022, with Mayor Aliano presiding. The pledge of allegiance was led by Councilmember Birsan. Minutes follow in abbreviated form per Resolution 3361 and Council Minutes of September 26, 1966.

MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Natalie

PUBLIC COMMENT PERIOD
Natalie mentioned an interview on YouTube where one of the Councilmembers commented on the viciousness of public comment speakers, and stated her disagreement with the Councilmember’s comments.

ANNOUNCEMENT

RECRUITMENT FOR CONCORD-PLEASANT HILL HEALTH CARE DISTRICT GRANT COMMITTEE City Clerk Joelle Fockler announced a recruitment for the Concord-Pleasant Hill Health Care District Grant Committee to fill an unscheduled vacancy for a term ending June 30, 2023, a vacancy for a term ending June 30, 2023, and a vacancy for a term ending June 30, 2025; and setting a deadline of Friday, December 16, 2022, at 5 p.m. as the deadline for receipt of applications by the City Clerk.

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

PRESENTATION
PROCLAMATION – Rainbow Community Center

Page 19 of 23 ends

City Council Minutes November 8, 2022
2 Mayor Aliano presented Rainbow Community Center a proclamation declaring November 20, 2022, as “Transgender Day of Remembrance” in the City of Concord.

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

Natalie stated that transgender people are being targeted by Christian nationalist groups.

Mayor Aliano closed the public comment period.

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

DISTRICT (CPHHCD) CONSENT CALENDAR

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

CITY COUNCIL CONSENT CALENDAR
APPROVAL OF MINUTES – August 23 and September 6, 13, 19, and 20, 2022 A motion was made by Obringer and seconded by McGallian to approve the minutes from the meetings on August 23 and September 6, 13, 19, and 20, 2022. The motion passed by unanimous vote of the Council.

ADOPTION OF ORDINANCE NO. 22-12 – Single-Use Foodware Accessories and Condiments A motion was made by Obringer and seconded by McGallian to adopt Ordinance No. 22-12, entitled “An Ordinance of the City Council of the City of Concord Adding Chapter 8.18 (Single-Use Foodware Accessories and Condiments) to Title 8 (Health and Safety) of the Concord Municipal Code Adopting by Reference Chapter 5.2 (Commencing with Section 42270) of Part 3 of Division 30 of the California Public Resources Code Prohibiting a Food Facility from Providing any Single-Use Foodware Accessory or Standard Condiment Unless Requested by Consumer and Authorizing City and County Enforcement and Penalties." Ordinance No. 22-12 was introduced on October 25, 2022, by reading of the title only and waiving further reading. The motion passed by unanimous vote of the Council.

INTRODUCTION OF ORDINANCE NO. 22-13 – Amending the Concord Municipal Code Title 15 (Building and Building Regulations)
This item was pulled from consideration on the Consent Calendar by Councilmember Hoffmeister so the ordinance title could be read.

A motion was made by Hoffmeister and seconded by McGallian to introduce Ordinance No. 22-13 entitled, “An Ordinance Amending Concord Municipal Code Title 15 (Buildings and Building Regulations) to include the 2022 California Building Standards Code and the 2021 Uniform Swimming Pool, Spa and Hot Tub Code and Ratifying the Amendments to the 2022 California Fire Code contained in the Contra Costa County Ordinance No. 2022-34” by reading of the title only and waiving further reading. The motion passed by unanimous vote of the Council.

ACCEPTANCE OF IMPROVEMENTS – Traffic Safety Around Schools, Project No. 2576 A motion was made by Obringer and seconded by McGallian to accept improvements for the Traffic Safety Around Schools, Project No. 2576, located at Salvio Street and Date Street, Concord Boulevard and West Street, Ronald Way at Holbrook Language Academy, and East Olivera Road Trail Crossing; and direct the City Clerk to file a Notice of Completion. The motion passed by unanimous vote of the Council.

Page 20 of 23 ends

City Council Minutes November 8, 2022
3 APPROVAL OF AGREEMENTS FOR PROFESSIONAL SERVICES – Residential Pavement Maintenance – Phase B
A motion was made by Obringer and seconded by McGallian to:

1. Approve an agreement for Professional Services with Pavement Engineering Inc. in the not-to-exceed amount of $286,118.80 (base agreement of $260,108.00 plus staff authority to spend up to a 10% contingency of $26,010.80) to provide design engineering and related services for Pavement Maintenance - Zone 4O (Project No. 2607) located in central Concord between Clayton and Cowell Roads and between Mesa Street/Oakland Avenue and the Contra Costa Canal; and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney.

2. Approve an agreement for Professional Services with Pavement Engineering Inc. in the not-to-exceed amount of $405,925.30 (base agreement of $369,023.00 plus staff authority to spend up to a 10% contingency of $36,902.30) to provide design engineering and related services for Pavement Maintenance - Zones 5C & 5D (Project No. 2608) located in North Concord, immediately south of Highway 4, including Peralta Road, Northwood Drive, and between Highway 242 and Hillsborough Drive; and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney.

The motion passed by unanimous vote of the Council.

APPROVAL OF AGREEMENTS FOR PROFESSIONAL SERVICES – Residential Pavement Maintenance – Phase C
A motion was made by Obringer and seconded by McGallian to:

1. Approve an agreement for Professional Services with HDR Engineering Inc. in the not-to- exceed amount of $320,817.20 (base agreement of $291,652 plus staff authority to spend up to a 10% contingency of $29,165.20) to provide design engineering and related services for Pavement Maintenance - Zone 1G and Ayers Road (Project No. 2606) located between Clayton Road and Concord Boulevard and between Heather Drive/Mt.

Diablo Creek and Ayers Road; and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney.

2. Approve an agreement for Professional Services with HDR Engineering Inc. in the not-to- exceed amount of $472,972.50 (base agreement of $429,975 plus staff authority to spend up to a 10% contingency of $42,997.50) to provide design engineering and related services for Pavement Maintenance - Zones 1E & 1F and Concord Boulevard (Project No. 2618) located between Ayers Road and Kirker Pass Road and between Myrtle Drive and Mt. Diablo Creek; and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney.

The motion passed by unanimous vote of the Council.

Page 21 of 23 ends

City Council Minutes November 8, 2022
4 CITY COUNCIL/LOCAL REUSE AUTHORITY (LRA)/ CONCORD-PLEASANT HILL HEALTH CARE

DISTRICT (CPHHCD) CONSENT CALENDAR
ADOPTION OF CITY COUNCIL RESOLUTION NO. 22-67, LOCAL REUSE AUTHORITY RESOLUTION NO. 22-45, CONCORD-PLEASANT HILL HEALTH CARE DISTRICT RESOLUTION NO. 22-037 – Continue Meetings Remotely, AB 361
A motion was made by Obringer and seconded by McGallian to adopt Resolution No. 22-67, Local Reuse Authority Resolution No. 22-45, and Concord/Pleasant Hill Health Care District Resolution No. 22-037 entitled, “A Resolution Declaring the Ability of the City Council, Local Reuse Authority, Concord/Pleasant Hill Health Care District, Standing City Council Subcommittees, and all City Boards, Commissions, and Committees to Continue to Meet Remotely Pursuant to AB 361.” The motion passed by unanimous vote of the Council.

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

ADJOURNMENT
By order of the Mayor, the meeting was adjourned on November 8, 2022, at 6:49 p.m.

DOMINIC ALIANO
MAYOR

JOELLE FOCKLER, MMC

CITY CLERK

Page 22 of 23 ends

1 SPECIAL MEETING OF THE

CONCORD CITY COUNCIL

CITY COUNCIL CONFERENCE ROOM
1950 PARKSIDE DRIVE, WING A

CONCORD, CALIFORNIA
TUESDAY, NOVEMBER 22, 2022
The Concord City Council met in a special meeting in the City Council Conference Room, 1950 Parkside Drive, Wing A, Concord, California, at 4:00 p.m. on Tuesday, November 22, 2022, with Mayor Aliano presiding, Vice Mayor Hoffmeister and Councilmembers Birsan and McGallian in attendance.

Councilmember Obringer arrived at 4:07 p.m. Minutes follow in abbreviated form per Resolution 3361 and Council Minutes of September 26, 1966.

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

The meeting was recessed and immediately reconvened in a closed session on 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.

By order of the Mayor, the meeting was adjourned on November 22, 2022, at 4:37 p.m.

DOMINIC ALIANO
MAYOR

JOELLE FOCKLER, MMC

CITY CLERK

Page 23 of 23 ends

4.b

Page 1 of 11 ends

Sector Average Maturity Par Amount Adjusted Cost Market Value Coupon Yield at
Market
Cash on Hand* 1 Day 12,611,413.23 12,611,413.23 12,611,413.23 - - Portfolio Cash 1 Day 1,471,437.86 1,471,437.86 1,471,437.86 - 0.01% CAMP* 22 Days** 103,898,498.06 103,898,498.06 103,898,498.06 - 2.61% LAIF* 306 Days** 48,158,529.74 48,158,529.74 48,158,529.74 1.35% LAIF Restricted Financing Proceeds* 306 Days** 114,806,229.78 114,806,229.78 114,806,229.78 - 1.35% Cash Equivalents Subtotal 186 Days 280,946,108.67 280,946,108.67 280,946,108.67 1.75% CalTrust Short Term Fund* 303 Days 3,550,000.00 4,345,814.79 4,322,548.93 - 3.34% CalTrust Medium Term Fund* 803 Days 17,050,000.00 18,578,757.88 17,914,353.33 - 3.70% Other Investments Subtotal 706 Days 20,600,000.00 22,924,572.67 22,236,902.26 3.63% Union Bank-Trustee Accounts*
Trusteed Accounts Subtotal
U.S. Treasuries 2.77 Years 30,855,000.00 30,258,988.92 28,144,854.31 1.04% 4.25% Federal Agencies 1.87 Years 8,675,000.00 8,664,274.52 8,067,777.43 0.34% 4.28% Federal Agency CMBS 2.14 Years 409,994.45 419,160.03 397,803.79 3.06% 4.53% Supranationals 1.61 Years 2,110,000.00 2,108,655.53 1,983,835.45 0.39% 4.31% Municipal Obligations 2.65 Years 2,550,000.00 2,551,075.67 2,321,332.90 1.05% 4.64% Commercial Paper 0.00 Years - - - 0.00% 0.00% Corporate Notes 2.77 Years 15,830,000.00 15,954,279.56 14,839,187.40 2.35% 4.75% Certificates of Deposit 0.29 Years 1,050,000.00 1,050,000.00 1,040,707.95 1.42% 3.81% PFM Managed Portfolio Subtotal 2.54 Years 61,479,994.45 61,006,434.23 56,795,499.23 4.39% Total 0.92 Years 363,026,103.12 364,877,115.57 359,978,510.16 2.28% Earnings Summary July 1, 2022 - September 30, 2022 (Accrual Basis) Ending Amortized Value of Securities 61,006,434.23
Ending Accrued Interest 190,494.30
Plus Proceeds from Sales 4,194,265.27
Plus Proceeds of Maturities/Calls/Principal Payments 1,823,874.22 Plus Coupons Received 132,086.68
Less Cost of New Purchases (4,956,070.80)
Less Beginning Amortized Value of Securities (62,107,761.42) Less Beginning Accrued Interest (147,401.68)
Portfolio Securities Subtotal 135,920.80
LAIF Subtotal $636,087.08
CAMP Subtotal $568,520.02
CalTrust Subtotal $91,200.01
Grand Total 1,431,727.91
*Values provided by the City of Concord
**Funds can be withdrawn at par.

LAIF
CAMP
CalTrust
City of Concord
Cash and Investment Summary
as of September 30, 2022
Cash Equivalents
PFM Managed Portfolio
Trusteed Accounts
Other Investments
Portfolio Securities

Page 1 of 8 ends

Page 2 of 11 ends

City of Concord
Cash and Investment Summary
as of September 30, 2022
U.S. Treasuries
8%
Federal
Agencies
2%
Agency CMBS
<1% Supranationals
<1%
Municipal
Obligations
1%
Corporate
Notes
4%
Certificates of
Deposit
<1%
LAIF
13%
LAIF Restricted
Financing
Proceeds
32% CAMP
29%
CalTrust
6%Cash
4%
Sector Breakdown
AAA
1%
AA
12%
A
2%
A-1+
<1%A-1
<1%
BBB+
<1%NR
<1%
Cash
4%
Aaf (CalTrust)
1%
NR (LAIF/CalTrust)
50%
AAAm
(CAMP)
29%
Credit Quality
85%
1% 5% 4% 5% 1% 0%
0%
20%
40%
60%
80%
100%
Less than
6 Months
6 to 12 Months 1 to 2 Years 2 to 3 Years 3 to 4 Years 4 to 5 Years Over 5 Years Maturity Distribution

Page 2 of 8 ends

Page 3 of 11 ends

Issuer
S&P
Rating Coupon Maturity Purchased
Days to
Maturity Par Amount Adjusted Cost Market Value
Yield at
Market
Cash Equivalents
Cash on Hand* NR - 10/1/2022 9/30/2022 1 12,611,413.23 12,611,413.23 12,611,413.23 - Portfolio Cash Account NR 0.01% 10/1/2022 9/30/2022 1 1,471,437.86 1,471,437.86 1,471,437.86 0.01% LAIF-City of Concord* NR 1.35% 10/1/2022 9/30/2022 306 37,895,567.44 37,895,567.44 37,895,567.44 1.35% LAIF-COP 2021 - Restricted* NR 1.35% 10/1/2022 9/30/2022 306 114,806,229.78 114,806,229.78 114,806,229.78 1.35% LAIF-Sewer Enterprise District - Restricted* NR 1.35% 10/1/2022 9/30/2022 306 10,262,962.30 10,262,962.30 10,262,962.30 1.35% CAMP* AAAm 2.61% 10/1/2022 9/30/2022 22 103,898,498.06 103,898,498.06 103,898,498.06 2.61% Cash Equivalents Subtotal 186 280,946,108.67 280,946,108.67 280,946,108.67 1.75% U.S. Treasuries
U.S. Treasury AA+ 1.63% 5/31/2023 6/7/2019 243 175,000.00 174,771.31 172,156.25 4.12% U.S. Treasury AA+ 1.63% 10/31/2023 10/4/2019 396 1,150,000.00 1,151,752.95 1,117,476.62 4.32% U.S. Treasury AA+ 2.00% 6/30/2024 11/6/2019 639 1,375,000.00 1,385,453.83 1,321,933.53 4.31% U.S. Treasury AA+ 2.00% 6/30/2024 12/5/2019 639 3,600,000.00 3,620,642.30 3,461,062.32 4.31% U.S. Treasury AA+ 2.00% 6/30/2024 1/7/2020 639 1,600,000.00 1,609,188.80 1,538,249.92 4.31% U.S. Treasury AA+ 2.00% 6/30/2024 2/7/2020 639 425,000.00 429,586.48 408,597.63 4.31% U.S. Treasury AA+ 2.00% 6/30/2024 3/6/2020 639 700,000.00 713,794.74 672,984.34 4.31% U.S. Treasury AA+ 2.00% 6/30/2024 8/12/2021 639 930,000.00 955,664.56 894,107.77 4.31% U.S. Treasury AA+ 1.75% 12/31/2024 7/6/2020 823 1,450,000.00 1,497,496.02 1,373,421.88 4.23% U.S. Treasury AA+ 1.75% 12/31/2024 8/7/2020 823 400,000.00 414,082.57 378,875.00 4.23% U.S. Treasury AA+ 0.25% 6/30/2025 3/4/2021 1,004 750,000.00 743,281.89 672,890.63 4.25% U.S. Treasury AA+ 0.25% 6/30/2025 4/5/2021 1,004 750,000.00 740,578.64 672,890.62 4.25% U.S. Treasury AA+ 0.38% 12/31/2025 5/6/2021 1,188 825,000.00 815,256.75 729,480.51 4.22% U.S. Treasury AA+ 0.38% 12/31/2025 6/7/2021 1,188 850,000.00 841,115.74 751,585.98 4.22% U.S. Treasury AA+ 0.38% 12/31/2025 7/7/2021 1,188 725,000.00 714,677.07 641,058.63 4.22% U.S. Treasury AA+ 0.38% 12/31/2025 8/5/2021 1,188 950,000.00 944,031.92 840,007.86 4.22% U.S. Treasury AA+ 0.38% 12/31/2025 9/7/2021 1,188 1,600,000.00 1,584,277.52 1,414,750.08 4.22% U.S. Treasury AA+ 0.38% 12/31/2025 10/6/2021 1,188 575,000.00 567,072.32 508,425.81 4.22% U.S. Treasury AA+ 0.38% 12/31/2025 11/4/2021 1,188 1,425,000.00 1,394,574.97 1,260,011.79 4.22% U.S. Treasury AA+ 0.38% 12/31/2025 12/6/2021 1,188 1,700,000.00 1,659,155.69 1,503,171.96 4.22% U.S. Treasury AA+ 0.75% 4/30/2026 1/6/2022 1,308 1,750,000.00 1,714,602.08 1,549,843.75 4.22% U.S. Treasury AA+ 0.75% 4/30/2026 2/14/2022 1,308 150,000.00 143,972.16 132,843.75 4.22% U.S. Treasury AA+ 0.75% 4/30/2026 2/25/2022 1,308 475,000.00 457,475.68 420,671.88 4.22% U.S. Treasury AA+ 0.63% 7/31/2026 6/6/2022 1,400 1,600,000.00 1,467,171.13 1,399,750.08 4.19% U.S. Treasury AA+ 0.63% 7/31/2026 7/8/2022 1,400 825,000.00 759,225.78 721,746.14 4.19% U.S. Treasury AA+ 0.63% 7/31/2026 8/4/2022 1,400 1,425,000.00 1,316,393.27 1,246,652.42 4.19% U.S. Treasury AA+ 0.63% 7/31/2026 8/15/2022 1,400 2,675,000.00 2,443,692.75 2,340,207.16 4.19% U.S. Treasuries Subtotal 1,009 30,855,000.00 30,258,988.92 28,144,854.31 4.25% Federal Agencies
Federal Home Loan Mortgage Corporation AA+ 0.25% 8/24/2023 8/21/2020 328 300,000.00 299,908.87 289,732.50 4.16% Federal Home Loan Mortgage Corporation AA+ 0.25% 9/8/2023 9/4/2020 343 770,000.00 770,043.76 742,182.21 4.21% Federal Home Loan Mortgage Corporation AA+ 0.25% 9/8/2023 9/4/2020 343 1,030,000.00 1,029,894.23 992,789.19 4.21% Federal Home Loan Mortgage Corporation AA+ 0.13% 10/16/2023 10/16/2020 381 600,000.00 599,223.34 575,166.00 4.22% as of September 30, 2022
Cash and Investment Detail
City of Concord
Operating Funds

Page 3 of 8 ends

Page 4 of 11 ends

Issuer
S&P
Rating Coupon Maturity Purchased
Days to
Maturity Par Amount Adjusted Cost Market Value
Yield at
Market
as of September 30, 2022
Cash and Investment Detail
City of Concord
Federal Home Loan Mortgage Corporation AA+ 0.25% 11/6/2023 11/5/2020 402 650,000.00 649,785.96 622,278.15 4.26% Federal National Mortgage Association AA+ 0.25% 11/27/2023 11/25/2020 423 575,000.00 574,747.84 549,197.45 4.26% Federal Home Loan Mortgage Corporation AA+ 0.25% 12/4/2023 12/4/2020 430 575,000.00 574,776.98 548,367.73 4.33% Federal Home Loan Bank AA+ 0.50% 4/14/2025 4/16/2020 927 600,000.00 598,489.16 545,219.40 4.34% Federal National Mortgage Association AA+ 0.63% 4/22/2025 4/24/2020 935 600,000.00 599,367.09 546,556.80 4.34% Federal Home Loan Mortgage Corporation AA+ 0.38% 7/21/2025 7/23/2020 1,025 750,000.00 747,903.16 672,397.50 4.33% Federal National Mortgage Association AA+ 0.38% 8/25/2025 8/27/2020 1,060 650,000.00 648,233.84 580,614.45 4.33% Federal Home Loan Bank AA+ 0.38% 9/4/2025 9/11/2020 1,070 275,000.00 274,515.16 245,476.55 4.32% Federal Home Loan Mortgage Corporation AA+ 0.38% 9/23/2025 9/25/2020 1,089 650,000.00 648,832.96 579,035.60 4.32% Federal National Mortgage Association AA+ 0.50% 11/7/2025 11/12/2020 1,134 650,000.00 648,552.17 578,763.90 4.31% Federal Agencies Subtotal 681 8,675,000.00 8,664,274.52 8,067,777.43 4.28% Federal Agencies CMBS
Federal Home Loan Mortgage Corporation AA+ 3.20% 7/1/2023 12/17/2018 274 8,098.18 8,098.18 7,984.48 5.11% Federal Home Loan Mortgage Corporation AA+ 2.09% 7/1/2024 11/26/2019 640 1,896.27 1,896.25 1,896.27 2.09% Federal Home Loan Mortgage Corporation AA+ 3.06% 12/1/2024 3/25/2020 793 400,000.00 409,165.60 387,923.04 4.53% Federal Agency CMO Subtotal 782 409,994.45 419,160.03 397,803.79 4.53% Supranationals
International Bank for Reconstruction and Development AAA 0.25% 11/24/2023 11/24/2020 420 940,000.00 939,226.67 897,671.80 4.31% Inter-American Development Bank AAA 0.50% 9/23/2024 9/23/2021 724 1,170,000.00 1,169,428.86 1,086,163.65 4.31% Supranationals Subtotal 586 2,110,000.00 2,108,655.53 1,983,835.45 4.31% Municipal Obligations
State of Connecticut A+ 2.00% 7/1/2024 6/11/2020 640 100,000.00 100,000.00 95,825.00 4.50% Chaffey Joint Union HS District CA AA- 2.10% 8/1/2024 12/5/2019 671 140,000.00 140,000.00 134,397.20 4.39% New York State Urban Development Corp. AA+ 0.87% 3/15/2025 12/23/2020 897 600,000.00 600,000.00 550,746.00 4.43% University of California AA 0.88% 5/15/2025 7/16/2020 958 160,000.00 160,000.00 144,897.60 4.75% Florida State Board of Administration AA 1.26% 7/1/2025 9/16/2020 1,005 300,000.00 300,000.00 272,322.00 4.88% Florida State Board of Administration AA 1.26% 7/1/2025 9/16/2020 1,005 115,000.00 115,466.73 104,390.10 4.88% Florida State Board of Administration AA 1.26% 7/1/2025 9/16/2020 1,005 160,000.00 160,608.94 145,238.40 4.88% Los Angeles Community College District CA AA+ 0.77% 8/1/2025 11/10/2020 1,036 250,000.00 250,000.00 224,140.00 4.71% Minnesota State AAA 0.63% 8/1/2025 8/25/2020 1,036 180,000.00 180,000.00 162,018.00 4.42% San Juan Unified School District CA NR 0.85% 8/1/2025 10/29/2020 1,036 250,000.00 250,000.00 225,357.50 4.60% California State University AA- 0.86% 11/1/2025 7/29/2021 1,128 170,000.00 170,000.00 150,506.10 4.91% New Jersey Transport Trust Authority AA- 1.05% 1/1/2026 2/4/2021 1,189 125,000.00 125,000.00 111,495.00 4.66% Municipal Obligations Subtotal 967 2,550,000.00 2,551,075.67 2,321,332.90 4.64% Corporate Notes
PNC Bank A- 3.50% 1/23/2024 2/15/2019 480 550,000.00 550,990.05 540,832.05 4.82% Charles Schwab A 0.75% 3/18/2024 3/18/2021 535 195,000.00 194,952.50 184,548.00 4.57% Morgan Stanley A- 3.88% 4/29/2024 7/23/2019 577 550,000.00 560,418.76 540,679.15 5.00% Amazon.com Inc AA 0.45% 5/12/2024 5/12/2021 590 115,000.00 114,909.77 107,868.74 4.47% American Honda Finance A- 2.40% 6/27/2024 7/15/2019 636 575,000.00 573,998.88 552,495.65 4.77% Goldman Sachs BBB+ 3.85% 7/8/2024 7/11/2019 647 575,000.00 583,577.52 563,252.75 5.07% BB&T A- 2.50% 8/1/2024 8/5/2019 671 575,000.00 575,340.36 550,633.80 4.94%

Page 4 of 8 ends

Page 5 of 11 ends

Issuer
S&P
Rating Coupon Maturity Purchased
Days to
Maturity Par Amount Adjusted Cost Market Value
Yield at
Market
as of September 30, 2022
Cash and Investment Detail
City of Concord
BMW Bank North America A 0.75% 8/12/2024 8/12/2021 682 130,000.00 129,992.73 120,364.92 4.96% Walt Disney BBB+ 1.75% 8/30/2024 9/6/2019 700 600,000.00 599,059.81 567,081.60 4.78% John Deere Capital A 0.63% 9/10/2024 9/10/2021 711 190,000.00 189,920.00 176,051.91 4.62% Paccar Financial A+ 1.80% 2/6/2025 10/29/2020 860 335,000.00 343,315.87 314,768.68 4.54% Toyota Motor A+ 1.80% 2/13/2025 5/26/2020 867 285,000.00 286,398.69 266,199.98 4.78% Toyota Motor A+ 1.80% 2/13/2025 5/26/2020 867 65,000.00 65,454.50 60,712.27 4.78% Toyota Motor A+ 1.80% 2/13/2025 5/26/2020 867 100,000.00 100,490.77 93,403.50 4.78% American Express BBB+ 2.25% 3/4/2025 3/4/2022 886 155,000.00 154,873.59 145,435.57 4.98% Roche Holdings AA 2.13% 3/10/2025 3/10/2022 892 775,000.00 775,000.00 731,011.00 4.61% Home Depot A 2.70% 4/15/2025 3/28/2022 928 45,000.00 44,934.47 42,903.54 4.66% Citigroup Inc BBB+ 3.30% 4/27/2025 9/1/2020 940 400,000.00 424,306.78 380,829.20 5.31% Cintas Corporation A- 3.45% 5/1/2025 5/3/2022 944 130,000.00 129,975.35 125,907.08 4.76% USAA Capital Corporation AA 3.38% 5/1/2025 5/26/2022 944 450,000.00 448,704.37 434,277.90 4.83% Apple Inc AA+ 1.13% 5/11/2025 5/13/2020 954 1,050,000.00 1,051,085.84 962,309.25 4.55% General Dynamics Corp A- 3.50% 5/15/2025 10/20/2020 958 425,000.00 453,696.25 412,635.90 4.69% JP Morgan Chase A- 0.82% 6/1/2025 6/1/2021 975 595,000.00 595,000.00 550,700.47 3.78% Amazon.com Inc AA 0.80% 6/3/2025 6/5/2020 977 725,000.00 724,809.91 657,591.68 4.53% National Australia Bank AA- 3.50% 6/9/2025 6/9/2022 983 485,000.00 485,000.00 467,415.84 4.95% National Rural Utilities Co Finance Corp A- 3.45% 6/15/2025 5/4/2022 989 100,000.00 99,976.56 96,382.70 4.89% IBM Corp A- 4.00% 7/27/2025 7/27/2022 1,031 450,000.00 450,000.00 440,660.25 4.79% Bank of America A- 3.88% 8/1/2025 8/20/2020 1,036 400,000.00 432,501.41 387,366.80 5.08% Abbott Laboratories AA- 3.88% 9/15/2025 9/28/2020 1,081 400,000.00 433,521.96 391,727.20 4.63% Bank of America A- 1.53% 12/6/2025 12/6/2021 1,163 500,000.00 500,000.00 456,877.00 4.47% JP Morgan Chase A- 2.60% 2/24/2026 2/24/2022 1,243 350,000.00 350,000.00 325,095.75 4.89% UnitedHealth Group A+ 1.15% 5/15/2026 5/19/2021 1,323 475,000.00 474,400.31 418,990.85 4.73% BMW Bank North America A 1.25% 8/12/2026 8/16/2021 1,412 325,000.00 324,924.49 281,945.30 5.07% Caterpilar Inc. A 1.70% 1/8/2027 1/13/2022 1,561 450,000.00 448,053.21 397,303.20 4.76% Target Corp A 1.95% 1/15/2027 1/24/2022 1,568 80,000.00 79,882.71 71,709.44 4.64% Bank OF New York Mellon Corp A 2.05% 1/26/2027 1/28/2022 1,579 925,000.00 923,223.45 820,840.38 4.98% Berkshire Hathaway AA 2.30% 3/15/2027 3/17/2022 1,627 900,000.00 884,948.80 819,468.90 4.54% National Australia Bank AA- 3.91% 6/9/2027 6/13/2022 1,713 400,000.00 396,639.89 380,909.20 5.06% Corporate Notes Subtotal 1,011 15,830,000.00 15,954,279.56 14,839,187.40 4.75% Certificates of Deposit
DNB BANK A-1+ 2.04% 12/2/2022 12/6/2019 63 600,000.00 600,000.00 598,407.00 3.45% Credit Suisse NY A-1 0.59% 3/17/2023 3/23/2021 168 450,000.00 450,000.00 442,300.95 4.30% Certificates of Deposit Subtotal 108 1,050,000.00 1,050,000.00 1,040,707.95 3.81% Other Investments
CalTrust Short Term Fund* AAf 3.34% 10/1/2022 9/30/2022 303 3,550,000.00 4,345,814.79 4,322,548.93 3.34% CalTrust Medium Term Fund* NR 3.70% 10/1/2022 9/30/2022 803 17,050,000.00 18,578,757.88 17,914,353.33 3.70% Other Investments Subtotal 706 20,600,000.00 22,924,572.67 22,236,902.26 3.63% Operating Total 335 363,026,103.12 364,877,115.57 359,978,510.16 2.28% *Values provided by the City of Concord

Page 5 of 8 ends

Page 6 of 11 ends

Trade Date Settle Date Transaction CUSIP Issuer Coupon Maturity Par Value Yield at
Market
Purchases
7/5/2022 7/8/2022 Buy 91282CCP4 US TREASURY N/B NOTES 0.63% 7/31/2026 (825,000.00) 2.84% 7/20/2022 7/27/2022 Buy 459200KS9 IBM CORP CORPORATE NOTES 4.00% 7/27/2025 (450,000.00) 4.00% 8/1/2022 8/4/2022 Buy 91282CCP4 US TREASURY N/B NOTES 0.63% 7/31/2026 (1,425,000.00) 2.74% 8/8/2022 8/15/2022 Buy 91282CCP4 US TREASURY N/B NOTES 0.63% 7/31/2026 (2,675,000.00) 3.04% Maturities
7/8/2022 7/8/2022 Maturity 86565CKU2 SUMITOMO MITSUI BANK NY CERT DEPOS 0.70% 7/8/2022 560,000.00 8/1/2022 8/1/2022 Maturity 3137BM6P6 FHLMC SERIES K721 A2 3.09% 8/1/2022 3,295.55 8/26/2022 8/26/2022 Maturity 65558TLL7 NORDEA BANK ABP NEW YORK CERT DEPOS 1.85% 8/26/2022 600,000.00 8/26/2022 8/26/2022 Maturity 83050PDR7 SKANDINAV ENSKILDA BANK LT CD 1.86% 8/26/2022 600,000.00 Sales
7/20/2022 7/27/2022 Sell 912828R69 US TREASURY NOTES 1.63% 5/31/2023 350,000.00 8/1/2022 8/4/2022 Sell 912828T91 US TREASURY NOTES 1.63% 10/31/2023 1,300,000.00 8/8/2022 8/15/2022 Sell 912828T91 US TREASURY NOTES 1.63% 10/31/2023 150,000.00 8/8/2022 8/15/2022 Sell 912828T91 US TREASURY NOTES 1.63% 10/31/2023 2,450,000.00 Paydowns
7/1/2022 7/1/2022 Paydown 3137BM6P6 FHLMC SERIES K721 A2 3.09% 8/1/2022 35,827.10 7/1/2022 7/1/2022 Paydown 3137FKK39 FHMS KP05 A 3.20% 7/1/2023 23.19 7/1/2022 7/1/2022 Paydown 3137FQ3V3 FHMS KJ27 A1 2.09% 7/1/2024 4,836.20 8/1/2022 8/1/2022 Paydown 3137FKK39 FHMS KP05 A 3.20% 7/1/2023 21.91 8/1/2022 8/1/2022 Paydown 3137FQ3V3 FHMS KJ27 A1 2.09% 7/1/2024 6,628.90 9/1/2022 9/1/2022 Paydown 3137FKK39 FHMS KP05 A 3.20% 7/1/2023 22.02 9/1/2022 9/1/2022 Paydown 3137FQ3V3 FHMS KJ27 A1 2.09% 7/1/2024 131.58 City of Concord
Investments Transactions Detail
July 1, 2022 - September 30, 2022

Page 6 of 8 ends

Page 7 of 11 ends

Credit Quality
Minimum Permitted Rating Lowest Rated Security
(S&P)
U.S. Treasuries N/A AA+
Federal Agencies N/A AA+
Supranationals "AA" Category by a NRSRO AAA
Municipal Obligations "A" Category by a NRSRO A+
Corporate Notes "A" Category by a NRSRO BBB+
Commercial Paper Highest Short-Term Category NA
Negotiable CDs "A" Category by a NRSRO A-1/A
Maturity Limits
Maximum Maturity Limit Maximum Maturity
U.S. Treasuries 5 Years 3.84 Years
Federal Agencies 5 Years 3.11 Years
Federal Agency CMBS 5 Years 2.17 Years
Supranationals 5 Years 1.98 Years
Municipal Obligations 5 Years 3.26 Years
Corporate Notes 5 Years 4.69 Years
Commercial Paper 270 Days 0.00 Years
Negotiable CDs 5 Years 0.46 Years
Sector Allocations
Maximum Allocation Current Allocation
U.S. Treasuries 100% 11.5%
Federal Agencies 100% 3.3%
Federal Agency CMBS* 0% 0.2%
Supranationals 30% 0.8%
Municipal Obligations 30% 0.9%
Corporate Notes 30% 6.1%
Commercial Paper 20% 0.0%
Negotiable CDs 30% 0.4%
For informational purposes only and is not provided for compliance assurance, and is formatted for the City's use.

City of Concord
Operating Funds Investment Policy Report
as of September 30, 2022
*Effective August 18, 2020, federal agency securitized securities (including but not limited to mortgage-backed securities, collateralized mortgage obligations, commercial mortgage backed-securities are no longer authorized for purchase. Investments purchased before this date may be held in the portfolio until maturity.

The current allocation calculation excludes funds in the LAIF-COP 2021 account, as bond proceeds are not subject to the City's Investment Policy

Page 7 of 8 ends

Page 8 of 11 ends

Note: Pre- and post-trade compliance for the account(s) managed by PFM Asset Management is provided via Bloomberg Asset and Investment Management ("AIM").

City of Concord
Operating Funds Investment Policy Report
as of September 30, 2022
During the reporting period for the quarter ended September 30, 2022 the account(s) managed by PFM Asset Management ('PFMAM') were in compliance with the applicable investment policy and guidelines as furnished to PFMAM.

Acknowledged : PFM Asset Management LLC

Page 8 of 8 ends

Page 9 of 11 ends

Investment Portfolio Benefits all Funds
The City’s cash and investment portfolio represents money from all City funds, including the General Fund, Enterprise funds, Capital Projects funds, and other funds, which are restricted to specific purposes.

In general, monies held by the City are allocated by the City Council for spending or are purposefully retained in reserves. For ex ample, the money in the Capital Projects fund has been identified to provide particular capital projects for the community and there is a plan for spending down the cash balance as the projects progress. In the General Fund, approximately $55.7 million is purposely held in reserve to meet the City’s reserve policy of a mini mum of 17% and a goal of 30% of operating expenditures. At the time the Treasurer’s Report was prepared, the preliminary reserve balance at September 30, 2022 for the General Fund represented approximately 47% of operating expenditures. Due to the schedule of when the City receives revenues th roughout the year, cash reserves typically dip in the months of July through December until the first installment of Property Taxes are received in December. Typically, 8% of our General Fund revenues are received as of September 30. Compliance with Reserve Policy is measured at the end of the City’s fiscal year, Ju ne 30.

Below is a chart showing the composition of the cash and investment portfolio included in the September 30, 2022 Treasurer’s Report. It is important to understand that the only money not already allocated (but not yet spent) or restricted for a specific purpose is the General F und Emergency Reserve, which is shown in the pie chart on the chart below in gray.

Capital Project Funds,
$153.1M
Special Revenue
Funds, $55.2M
Enterprise
Funds,
$31.7M
Internal
Service
Funds,
$47.0M
Trust Funds, $2.1M
Assigned/Restricted
Funds, $3.3MAdvances to other Funds,
$11.8M
Emergency Reserve
Fund, $55.7M
General Fund,
$70.8M
Investments by Fund Type
(Preliminary & Unaudited) 9/30/22

Page 10 of 11 ends

Fund Descriptions:

General Fund is the City’s operating fund that accounts for general purpose revenues and expenses and are by definition unrestricted. The Cash and Investments in the General Fund is comprised of the following categories: 1) Assignments and Restrictions for obligations already entered into but not yet paid; 2) Advances to Other funds which primarily re present advances to the Local Reuse Authority for the Naval Weapons Station redevelopment project and to the Golf Course for improvements at that facility; and 3) Emergency Reserve funds that are retained per Council Policy to address financial uncertainties.

Enterprise Funds report operations that are operating in a manner similar to a private business enterprise.

The Sewer Fund is the largest fund in this category and is legally restri cted to be used only for sewer related
activities.

Special Revenue Funds account for funds where the source of revenue is dedicated and restricted to a specific purpose. Housing funds, State Gas Tax funds and Assessment District funds represent exampl es of these
types of funds.

Capital Projects Funds are used to track the financial resources set aside to acquire and/or construct major capital assets.

Internal Service Funds (ISF) are established to account for special activities and services performed by a designated department for other departments on a cost ‐reimbursement basis or replacem ent of necessary
equipment. Examples include Worker’s Compensation, Fleet Maintenance/Replacement, Information Technology, and Building Maintenance fund. Funds are restricted by policy through the City Council and spent in accordance with the program/equipment they are designated to support.

Trust Funds are used to account for assets held by the City as a trustee age nt for individuals, private organizations, and other governments. Examples include the City of Concord Retirement System Pension Fund and the Successor Agency Private Purpose Trust Fund.

Page 11 of 11 ends

Ord. No. 22-13 1
ORDINANCE NO. 22-13

AN ORDINANCE AMENDING CONCORD MUNICIPAL CODE
TITLE 15 (BUILDINGS AND BUILDING REGULATIONS) TO
INCLUDE THE 2022 CALIFORNIA BUILDING STANDARDS CODE
AND THE 2021 UNIFORM SWIMMING POOL, SPA AND HOT TUB
CODE AND RATIFYING THE AMENDMENTS TO THE 2022

CALIFORNIA FIRE CODE CONTAINED IN THE CONTRA COSTA
COUNTY ORDINANCE NO. 2022-34
THE CITY COUNCIL OF THE CITY OF CONCORD DOES ORDAIN AS FOLLOWS:

WHEREAS, the City of Concord is wholly contained within the geographical boundaries of a legal special district known as the Contra Costa County Fire Protection District (“Fire District”), formed pursuant to California Health and Safety Code Section 13800 et seq; and WHEREAS, the Fire District has responsibility for emergency, medical first-responder services, fire suppression and fire protection duties within its special district boundary, including within the City of Concord; and
WHEREAS, on November 8, 2022 the Contra Costa County Board of Supervisors in its capacity as the Board of Directors of the Crockett-Carquinez Fire Protection District and the Contra Costa County Fire Protection District adopted the 2022 California Fire Code with technical amendments by adopting Ordinance 2022-34, and as part of such adoption made express findings in support of technical amendments to the 2022 California Fire Code based upon climatic, topographical, and geological conditions (“Findings”); and
WHEREAS, in accordance with California Health and Safety Code Section 13869.7, a city may ratify, modify or deny a fire protection district-adopted ordinance, and no ordinance adopted by a fire protection district shall be effective within the municipal limits of a city until ratified by the city; and
WHEREAS, pursuant to California Health and Safety Code Section 13869.7, any fire protection district that adopts an ordinance pertaining to building standards related to fire and panic safety that are more stringent than those building standards adopted by the State Fire Marshal shall transmit the adopted ordinance to the city where the ordinance will apply; and

4.c

Page 1 of 15 ends

Ord. No. 22-13 2
WHEREAS, the Fire District transmitted Ordinance No. 2022-34 and a copy of the Findings to the City in accordance with California Health and Safety Code requirements; and WHEREAS, the Chief Building Official for the City of Concord has recommended ratification of Ordinance No. 2022-34 in its entirety; and WHEREAS, as discussed in the Findings, local climatic, geological, and topographical conditions impact fire prevention efforts, and the frequency, spread, acceleration, intensity, and size of fire involving buildings in the City of Concord; and
WHEREAS, the City Council does hereby find and determine that the amendments to the 2022 California Fire Code, as expressed in Ordinance No. 2022-34 and as discussed by the Findings, to be reasonably necessary because of local climatic, geological and topographical conditions; and WHEREAS, the City Council does hereby find and determine that the ratification of Ordinance No. 2022-34 within the jurisdictional boundary of the City of Concord is a responsible measure to provide additional reasonable and uniform degrees of fire and life safety to its citizens, businesses and community; and
WHEREAS, the City Council does hereby ratify Ordinance No. 2022-34 and adopt the Findings; and
WHEREAS, pursuant to California Health and Safety Code Section 13869.7 (h)(1), the City Council does hereby delegate enforcement of Ordinance No. 2022-34 within the jurisdictional limits of the City of Concord to the Fire Chief of the Contra Costa County Fire Protection District or authorized representative.

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

Section 1. Concord Municipal Code Title 15 (Buildings and Building Regulations), Chapter

15.10 (Building Code) is hereby amended in its entirety and restated to read as follows:

CHAPTER 15.10 BUILDING CODE

15.10.010 Building Code adopted.

The 2022 California Building Code, California Code of Regulations, Title 24, Part 2, Volumes 1 and 2, published by the California Building Standards Commission, 2525 Natomas

Page 2 of 15 ends

Ord. No. 22-13 3
Park Drive, Suite 130, Sacramento, CA 95833-2936, with state supplements published from time to time (collectively, “California Building Code”), a copy of which is filed in the office of the Building Official, 1950 Parkside Drive MS/51, Concord, CA 94519, is hereby adopted and referred to, and by this reference, expressly incorporated and made a part of this chapter as though fully set forth in this chapter, subject to the amendments set forth in this chapter.

The California Building Code, as amended in this chapter, shall be known, designated and referred to as the “Building Code” for the City of Concord.

15.10.020 Appendix Adoption.

Appendices C (Group U – Agricultural Buildings) and I (Patio Covers) of the California Building Code are hereby adopted. All remaining appendices are not adopted.

15.10.030 Administrative Amendments.

The following are administrative amendments to Chapter 1 Division II (Scope and Administration):
(1) Section 101.1 (Title) is hereby revised to read as follows:
101.1 Title. These regulations shall be known as the Building Code of the City of Concord, hereinafter referred to as “this code.”
(2) Section 101.4.4 (Property maintenance) is hereby deleted. (3) Section 103.1 (Creation of enforcement agency) is hereby revised to read as follows:
103.1 Creation of enforcement agency. The City of Concord Building Division is hereby created, and the official in charge thereof shall be known as the building official. The function of the agency shall be the implementation, administration and enforcement of the provisions of this code.
(4) Section 104.10.1 (Flood hazard areas) is hereby deleted. (5) Section 105.3.2 (Time limitation of application) is hereby deleted. (6) Section 105.5 (Expiration) is hereby deleted in its entirety. (7) Section 113 (Means of Appeals) is hereby deleted in its entirety.

Page 3 of 15 ends

Ord. No. 22-13 4
Section 2. Concord Municipal Code Title 15 (Buildings and Building Regulations), Chapter 15.15 (Electrical Code) is hereby amended in its entirety and restated to read as follows:

CHAPTER 15.15 ELECTRICAL CODE

15.15.010 Electrical Code adopted.

The 2022 California Electrical Code, California Code of Regulations, Title 24, Part 3, published by the California Building Standards Commission, 2525 Natomas Park Drive, Suite 130, Sacramento, CA 95833-2936, with state supplements published from time to time (collectively, “California Electrical Code”), a copy of which is filed in the office of the Building Official, 1950 Parkside Drive MS/51, Concord, CA 94519, is hereby adopted and referred to, and by this reference, expressly incorporated and made a part of this chapter as though fully set forth in this chapter.

The California Electrical Code shall be known, designated and referred to as the “Electrical Code” for the City of Concord.

Section 3. Concord Municipal Code Title 15 (Buildings and Building Regulations), Chapter

15.20 (Plumbing Code) is hereby amended in its entirety and restated to read as follows:

CHAPTER 15.20 PLUMBING CODE

15.20.010 Plumbing Code adopted.

The 2022 California Plumbing Code, California Code of Regulations, Title 24, Part 3, published by the California Building Standards Commission, 2525 Natomas Park Drive, Suite 130, Sacramento, CA 95833-2936, with state supplements published from time to time (collectively, “California Plumbing Code”), a copy of which is filed in the office of the Building Official, 1950 Parkside Drive MS/51, Concord, CA 94519, is hereby adopted and referred to, and by this reference, expressly incorporated and made a part of this chapter as though fully set forth in this chapter, subject to the amendments set forth in this chapter.

The California Plumbing Code, as amended in this chapter, shall be known, designated and referred to as the “Plumbing Code” for the City of Concord.

15.20.020 Appendix adoption.

Page 4 of 15 ends

Ord. No. 22-13 5
Appendices A, B, D, H, I, and K of the California Plumbing Code are hereby adopted.

All remaining appendices are not adopted.

15.20.030 Administrative amendments.

The following are administrative amendments to Chapter 1 Division II (Administration):
(1) The fourth paragraph of Section 104.3.2 (Plan Review Fees) is hereby amended to read:

Where plans are incomplete or changed so as to require additional review, a fee shall be charged as set forth in the schedule as established by the applicable governing authority.
(2) Section 104.3.3 (Time Limitation of Application) is hereby deleted. (3) Section 104.4.3 (Expiration) is hereby deleted.
(4) Section 104.4.4 (Extensions) is hereby deleted.
(5) Section 104.5 (Fees) is hereby amended to read:
104.5 Fees. Fees shall be assessed in accordance with the provisions of this section and as set forth in the schedule as established by the applicable governing authority.
(6) The fourth paragraph of Section 105.2.6 (Reinspections) is hereby amended to read:

To obtain reinspection, the applicant shall first pay a reinspection fee as set forth in the schedule as established by the applicable governing authority. (7) Section 107.0 (Board of Appeals) is hereby deleted in its entirety. (8) Table 104.5 (Plumbing Permit Fees) is hereby deleted.

Section 4. Concord Municipal Code Title 15 (Buildings and Building Regulations), Chapter

15.25 (Mechanical Code) is hereby amended in its entirety and restated to read as follows:

CHAPTER 15.25 MECHANICAL CODE

15.25.010 Mechanical Code adopted.

The 2022 California Mechanical Code, California Code of Regulations, Title 24, Part 4, published by the California Building Standards Commission, 2525 Natomas Park Drive, Suite 130, Sacramento, CA 95833-2936, with state supplements published from time to time

Page 5 of 15 ends

Ord. No. 22-13 6
(collectively, “California Mechanical Code”), a copy of which is filed in the office of the Building Official, 1950 Parkside Drive MS/51, Concord, CA 94519, is hereby adopted and referred to, and by this reference, expressly incorporated and made a part of this chapter as though fully set forth in this chapter, subject to the amendments set forth in this chapter.

The California Mechanical Code, as amended in this chapter, shall be known, designated and referred to as the “Mechanical Code” for the City of Concord.

15.25.020 Administrative amendments.

The following are administrative amendments to Chapter 1 Division II (Administration):
(1) The fourth paragraph of Section 104.3.2 (Plan Review Fees) is hereby amended to read:

Section 5. Concord Municipal Code Title 15 (Buildings and Building Regulations), Chapter

15.40 (Residential Building Code) is hereby amended in its entirety and restated to read as follows:

CHAPTER 15.40 RESIDENTIAL BUILDING CODE

Page 6 of 15 ends

Ord. No. 22-13 7

15.40.010 Residential Building Code adopted.

The 2022 California Residential Code, California Code of Regulations, Title 24, Part

2.5, published by the California Building Standards Commission, 2525 Natomas Park Drive, Suite 130, Sacramento, CA 95833-2936, with state supplements published from time to time (collectively, “California Residential Code”), a copy of which is filed in the office of the Building Official, 1950 Parkside Drive MS/51, Concord, CA 94519, is hereby adopted and referred to, and by this reference, expressly incorporated and made a part of this chapter as though fully set forth in this chapter, subject to the amendments set forth in this chapter.

The California Residential Code, as amended in this chapter, shall be known, designated and referred to as the “Residential Building Code” for the City of Concord.

15.40.020 Appendix adoption.

Appendix AH (Patio Covers) of the California Residential Code is hereby adopted. All remaining appendices are not adopted.

15.40.030 Administrative amendments.

The following are administrative amendments to Chapter 1 Division II (Administration):
(1) Section R101.1 (Title) is hereby revised to read as follows:

R101.1 Title. These regulations shall be known as the Residential Code for One- and Two-family Dwellings of the City of Concord and shall be cited as such and will be referred to herein as “this code.”
(2) Section R102.7 (Existing structures) is hereby revised to read as follows:

R102.7 Existing structures. The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to be to continue without change, except as is specifically covered in this code, the California Existing Building Code or the California Fire Code, or as is deemed necessary by the building official for the general safety and welfare of the occupants and the public. (3) The term “Department of Building Safety” as defined in Section R103 and used within Chapter 1 Division II shall mean the Building Division of the City of Concord. (4) Section R104.10.1 (Flood hazard areas) is hereby deleted.

Page 7 of 15 ends

Ord. No. 22-13 8
(5) Section R105.3.1.1 (Determination of substantially improved or substantially damaged existing buildings in flood hazard areas) is hereby deleted. (6) Section R105.3.2 (Time limitation of application) is hereby deleted. (7) Section R105.5 (Expiration) is hereby deleted in its entirety. (8) Section R112 (Board of Appeals) is hereby deleted in its entirety.

Section 6. Concord Municipal Code Title 15 (Buildings and Building Regulations), Chapter

15.42 (Historical Building Code) is hereby amended in its entirety and restated to read as follows:

CHAPTER 15.42 HISTORICAL BUILDING CODE

15.42.010 Historical Building Code adopted.

The 2022 California Historical Building Code, California Code of Regulations, Title 24, Part 8, published by the California Building Standards Commission, 2525 Natomas Park Drive, Suite 130, Sacramento, CA 95833-2936, with state supplements published from time to time (collectively, “California Historical Code”), a copy of which is filed in the office of the Building Official, 1950 Parkside Drive MS/51, Concord, CA 94519, is hereby adopted and referred to, and by this reference, expressly incorporated and made a part of this chapter as though fully set forth in this chapter.

The California Historical Building Code shall be known, designated and referred to as the “Historical Building Code” for the City of Concord.

Section 7. Concord Municipal Code Title 15 (Buildings and Building Regulations), Chapter

15.43 (Existing Building Code) is hereby amended in its entirety and restated to read as follows:

CHAPTER 15.43 EXISTING BUILDING CODE

15.43.010 Existing Building Code adopted.

The 2022 California Existing Building Code, California Code of Regulations, Title 24, Part 10, published by the California Building Standards Commission, 2525 Natomas Park Drive, Suite 130, Sacramento, CA 95833-2936, with state supplements published from time to time (collectively, “California Existing Building Code”), a copy of which is filed in the office of the Building Official, 1950 Parkside Drive MS/51, Concord, CA 94519, is hereby adopted

Page 8 of 15 ends

Ord. No. 22-13 9
and referred to, and by this reference, expressly incorporated and made a part of this chapter as though fully set forth in this chapter, subject to the amendments set forth in this chapter.

The California Existing Building Code, as amended in this chapter, shall be known, designated and referred to as the “Existing Building Code” for the City of Concord.

15.43.020 Appendix Adoption.

Appendix A (Guidelines for the Seismic Retrofit of Existing Buildings) of the California Existing Building Code is hereby adopted. All remaining appendices are not adopted.

15.43.030 Administrative Amendments.

The following are administrative amendments to Chapter 1 Division II (Scope and Administration):
(1) Section 101.1 (Title) is hereby revised to read as follows:
101.1 Title. These regulations shall be known as the Existing Building Code of the City of Concord, hereinafter referred to as “this code.” (2) Section 101.4.2 (Buildings previously occupied) is hereby revised to read as follows:
101.4.2 Buildings previously occupied. The legal occupancy of any building existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in this code, the California Fire Code, or as is deemed necessary by the code official for the general safety and welfare of the occupants and the public.
(3) Section 103.1 (Creation of agency) is hereby revised to read as follows:
103.1 Creation of enforcement agency. The City of Concord Building Division is hereby created, and the official in charge thereof shall be known as the code official.

The function of the agency shall be the implementation, administration and enforcement of the provisions of this code.
(4) Section 104.10.1 (Flood hazard areas) is hereby deleted. (5) Section 105.3.2 (Time limitation of application) is hereby deleted.

Page 9 of 15 ends

Ord. No. 22-13 10
(6) Section 105.5 (Expiration) is hereby deleted in its entirety. (7) Section 112 (Means of Appeals) is hereby deleted in its entirety.

Section 8. Concord Municipal Code Title 15 (Buildings and Building Regulations), Chapter

15.45 (Green Building Standards Code) is hereby amended in its entirety and restated to read as follows:

CHAPTER 15.45 GREEN BUILDING STANDARDS CODE

15.45.010 Green Building Standards Code adopted.

The 2022 California Green Building Standards Code, California Code of Regulations, Title 24, Part 11, published by the California Building Standards Commission, 2525 Natomas Park Drive, Suite 130, Sacramento, CA 95833-2936, with state supplements published from time to time (collectively, “California Green Building Standards Code”), a copy of which is filed in the office of the Building Official, 1950 Parkside Drive MS/51, Concord, CA 94519, is hereby adopted and referred to, and by this reference, expressly incorporated and made a part of this chapter as though fully set forth in this chapter.

The California Green Building Standards Code shall be known, designated and referred to as the “Green Building Standards Code” for the City of Concord.

Section 9. Concord Municipal Code Title 15 (Buildings and Building Regulations), Chapter

15.47 (Energy Code) is hereby amended in its entirety and restated to read as follows:

CHAPTER 15.47 ENERGY CODE

15.47.010 Energy Code adopted.

The 2022 California Energy Code, California Code of Regulations, Title 24, Part 6, published by the California Building Standards Commission, 2525 Natomas Park Drive, Suite 130, Sacramento, CA 95833-2936, with state supplements published from time to time (collectively, “California Energy Code”), a copy of which is filed in the office of the Building Official, 1950 Parkside Drive MS/51, Concord, CA 94519, is hereby adopted and referred to, and by this reference, expressly incorporated and made a part of this chapter as though fully set forth in this chapter.

Page 10 of 15 ends

Ord. No. 22-13 11
The California Energy Code shall be known, designated and referred to as the “Energy Code” for the City of Concord.

Section 10. Concord Municipal Code Title 15 (Buildings and Building Regulations), Chapter 15.60 (Swimming Pool, Spa, and Hot Tub Code) is hereby amended in its entirety and restated to read as follows:

CHAPTER 15.60 SWIMMING POOL, SPA, AND HOT TUB CODE

15.60.010 Swimming Pool, Spa, and Hot Tub Code adopted.

The 2021 Uniform Swimming Pool, Spa, and Hot Tub Code published by the International Association of Plumbing and Mechanical Officials, 4755 E. Philadelphia Street, Ontario, CA 91761-2816, a copy of which is filed in the office of the Building Official, 1950 Parkside Drive MS/51, Concord, CA 94519, is hereby adopted and referred to, and by this reference, expressly incorporated and made a part of this chapter as though fully set forth in this chapter, subject to the amendments set forth in this chapter.

The Uniform Swimming Pool, Spa, and Hot Tub Code, as amended in this chapter, shall be known, designated and referred to as the “Swimming Pool, Spa, and Hot Tub Code” for the City of Concord.

15.60.020 Administrative Amendments.

The following are administrative amendments to Chapter 1 (Administration):
(1) The fourth paragraph of Section 104.3.2 (Plan Review Fees) is hereby amended to read:

Page 11 of 15 ends

Ord. No. 22-13 12
104.5 Fees. Fees shall be assessed in accordance with the provisions of this section and as set forth in the schedule as established by the applicable governing authority.
(6) The fourth paragraph of Section 105.2.6 (Reinspections) is hereby amended to read:

The following are administrative amendments to Chapter 8 (Safety):
(1) Section 803.1 (General) is hereby amended to read:
803.1 General. An outdoor swimming pool (including an inground, aboveground, or onground pool), spa, or hot tub shall be provided with a barrier in accordance with Section 803.2 through Section 803.7 and enclosed on all sides.

Exception: When an enclosure meeting the requirements of the California Swimming Pool Safety Act per California Health and Safety Code Section 115922(a) (1) or (2) is provided.

Section 11. Concord Municipal Code Title 15 (Buildings and Building Regulations), Chapter

15.65 (Fire Code) is hereby amended in its entirety and restated to read as follows:

CHAPTER 15.65 FIRE CODE

15.65.010 Fire Code adopted.

The 2022 California Fire Code, California Code of Regulations, Title 24, Part 9, published by the California Building Standards Commission, 2525 Natomas Park Drive, Suite 130, Sacramento, CA 95833-2936, with state supplements published from time to time (collectively, “California Fire Code”), a copy of which is filed in the office of the Building Official, 1950 Parkside Drive MS/51, Concord, CA 94519, is hereby adopted and referred to, and by this reference, expressly incorporated and made a part of this chapter as though fully set forth in this chapter, subject to the amendments set forth in this chapter.

Page 12 of 15 ends

Ord. No. 22-13 13
The California Fire Code, as amended in this chapter, shall be known, designated and referred to as the “Fire Code” for the City of Concord.

15.65.020 Administrative Amendments.

15.65.030 Contra Costa County Fire Protection District Ordinance adopted.

Ordinance 2022-34 of the Contra Costa County Fire Protection District, adopted November 8, 2022, is hereby ratified by the City Council under the authority of California Health and Safety Code § 13869.7. Ordinance 2022-34 adopts the 2022 California Fire Code (California Code of Regulations, Title 24, Part 9, including Chapters 1-10 and 12-80, Appendix B, Appendix C, Appendix D, Appendix F, Appendix H, Appendix I, Appendix J, and Appendix K), as amended by the changes, additions, and deletions set forth in the ordinance. The provisions of the 2022 California Fire Code as amended by District Ordinance 2022-34 shall be controlling and enforceable within the jurisdictional boundaries of the City of Concord.

15.65.040 Delegation of enforcement to Fire Chief.

Pursuant to California Health and Safety Code § 13869.7, the City Council delegates enforcement of Ordinance 2022-34 to the Fire Chief of the Contra Costa County Fire Protection District or his or her authorized representatives.

Page 13 of 15 ends

Ord. No. 22-13 14
Section 12. If any section, subsection, clause, or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, or its application to any other person or circumstance. The City Council declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, and phrase thereof, irrespective of the fact that any one or more section, subsection, sentence, clause, or phrase be declared invalid.

Section 13. This Ordinance No. 22-13 shall become effective (30) days following its passage and adoption. In the event a summary of said Ordinance is published in lieu of the entire Ordinance, a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five (5) days prior to its adoption and within fifteen (15) days after its adoption, including the vote of the Councilmembers. Additionally, a summary prepared by the City Attorney’s Office shall be published once at least five (5) days prior to the date of adoption of this Ordinance and once within fifteen (15) days after its passage and adoption, including the vote of the Councilmembers, in the East Bay Times, a newspaper of general circulation in the City of Concord.

Dominic Aliano
Mayor
ATTEST:

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

Page 14 of 15 ends

Ord. No. 22-13 15
Ordinance No. 22-13 was duly and regularly introduced at a regular meeting of the City Council of the City of Concord held on November 8, 2022, and was thereafter duly and regularly passed and adopted at a regular meeting of the City Council of the City of Concord on December 6, 2022, by the following vote:

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

Joelle Fockler, MMC
City Clerk

Page 15 of 15 ends

Staff Report
Date: December 6, 2022
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kevin Marstall, PE, Director of Community Development Mindy Gentry, Planning Manager
Prepared by: Ryan Lenhardt, Senior Planner
[email protected]
(925) 671-3162
Subject: Considering approval of a Professional Services Agreement with RRM Design Group (“RRM”) to update the pre-approved Accessory Dwelling Units (ADUs) drawings in conformance with the 2022 California Building Standards Code in an amount not to exceed $22,500 for a one-year term, in a form approved by the City Attorney; and authorizing the City Manager to execute the agreement. (SB2 PGP grant funds)
CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c)(2), 15061(b)(3), 15060(c)(3), and/or or 15378.

Report in Brief
The City received $310,000 in State grant funds made available under Senate Bill 2’s Planning Grant Program to establish a pre-approved ADU program. A portion of the funds, $139,500, is for the design and creation of the construction-level drawings for the ADU program. The remaining funds are to cover staff costs associated with program management, preparation of updated ADU regulations and development of application forms, FAQs, guidance documents, webpages, and public outreach materials.

The recommended $22,500 contract is for RRM to update the pre-approved ADU drawings to reflect the 2022 California Building Standards Code that go into effect on January 1, 2023 (Attachment 1).

4.d4.d4.d

Page 1 of 18 ends

City Council Agenda Report
Agenda Item No. 4.d
December 6, 2022
Recommended Action
Approve a Professional Services Agreement with RRM Design Group (“RRM”) to update the pre-approved Accessory Dwelling Units (ADUs) plans in conformance with the 2022 California Building Standards Code in an amount not to exceed $22,500 for a one-year term, in a form acceptable by the City Attorney; and authorize the City Manager to execute the Agreement.

Background
Senate Bill 2 (SB 2)
In September 2017, Governor Brown signed Senate Bill 2 (SB2) into law as part of a 15 bill housing package to address housing shortages and high housing costs in California.

SB 2 established a permanent and ongoing funding source through a real estate transaction fee that became effective on January 1, 2018. The funds are dedicated to promoting, increasing, and facilitating affordable housing.

Senate Bill 2, Planning Grant Program (“PGP”)
Fifty percent of real estate transaction fees collected during 2018 have been directed to the Planning Grant Program (PGP). The PGP is a one-time component of SB 2 that provides financial and technical assistance to local governments to update planning documents to address the following objectives:
 Accelerate housing production;
 Streamline the approval of housing development;
 Facilitate housing affordability for all income groups;  Promote development; and
 Ensure geographic equity in the distribution and expenditure of allocated funds.

On February 13, 2020, the City entered into a standard agreement with HCD for $310,000 in State SB 2 PGP funds.

On March 9, 2021, the Council approved a Professional Services Agreement with RRM in an amount not to exceed $139,500 for a one-year term expiring March 9, 2022 (the contract has since been extended until December 31, 2022). RRM’s scope of work included developing a series of pre-approved ADUs to be made available to the public at no cost, which is anticipated to be complete as of the publishing of this report.

Every three years the state of California adopts a new edition of the California Building Standards Code and in July 2022, the triennial update of the California Building Standards Code was released and goes into effect on January 1, 2023.The code updates are required to be adopted by the City of Concord, which the implementing ordinance was introduced at the November 8 City Council meeting. To stay relevant,

Page 2 of 18 ends

City Council Agenda Report
Agenda Item No. 4.d
December 6, 2022
given the new codes, the pre-approved ADU drawings will need to be updated to reflect the 2022 Building Standards Code.

Since the City is already in contract with RRM for $139,500 for the development of the pre-approved ADU plans, this additional scope of work and budget is required to be reviewed and approved by the City Council.

Analysis
RRM has outlined a scope of work to coordinate and update the City’s ADU pre- approved plans and supporting documentation to ensure compliance of the with the 2022 California Building Standards, including fire codes. This will include updating the architectural and engineering plans, structural calculations, green building forms and energy compliance documentation.

The scope of work includes:
 Updated building plans and building permit submission materials;  Updated structural documentation; and
 Updated energy compliance documentation.

Timeline and Budget
Following contract execution, RRM anticipates the following schedule along with the associated costs:
 Kick-off meeting;
 RRM to update one plan;
 City reviews the first set plan updates (requires 10 calendar days);  RRM to update the remaining five plans based on City comments;  City review of 6 plans (requires 10 calendar days); and  Respond to any remaining comments and update documents accordingly.

Total budget for six plan updates: $22,500.

Procurement Process
On October 8, 2020, a Request for Proposals (RFP) was released to solicit for architectural plan sets for the City’s new Pre-Approved Accessory Dwelling Unit Program. The RFP solicitation window closed on October 29, 2020 and during that time received three proposals from RRM Design Group, OpenScope, and Oynx Creative.

Following review of the three proposals, City staff conducted interviews with all three firms on December 15 and 16, 2020. Ultimately, staff selected RRM Design Group as the most qualified firm to complete the scope of work.

Page 3 of 18 ends

City Council Agenda Report
Agenda Item No. 4.d
December 6, 2022
Due to RRM being currently under contract to design the pre-approved ADU plans, they are providing a specialized service under their architect’s license. To avoid copyright issues with the pre-approved plans or necessitating a project redesign, additional proposals were not required for this scope of work to update the plans in conformance with the 2022 Building Standards Code.

Financial Impact
No fiscal impact. This project is funded through State funds through the SB2 Planning Grant Program.

Environmental Determination
Pursuant to California Environmental Quality Act of 1970, Public Resources Code §21000, et seq., as amended and implementing State CEQA Guidelines, Title 14, Chapter 3 of the California Code of Regulations (collectively, “CEQA”), entering into a Professional Services Agreement with RRM does not constitute a “project” within the meaning of Public Resources Code Section 21065, 14 Cal Code Reg. Section 15060(c)(2), 15060(c)(3), or 15378 because there is no potential that it will result in a direct or reasonably foreseeable indirect physical change in the environment. Even if entering into the Professional Services Agreement did constitute a project under CEQA, it would fall within the “common sense exemption”, Section 15061(b)(3), where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment…” Therefore, entering into the Professional Services Agreement does not warrant further environmental review. This determination reflects the City’s independent judgment and analysis.

Furthermore, individual projects occurring from the pre-approved ADU program will be evaluated for CEQA compliance on a case-by-case basis.

Public Contact
The City Council Agenda was posted.

Attachment

1. Professional Services Agreement with RRM Design Group, with Exhibit A: Scope of Services and Budget

Page 4 of 18 ends

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28

AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT ("Agreement") is entered into on December 6, 2022 between the City of Concord ("CITY") and RRM Design Group, an S Corporation, 3765 S. Higuera Street, Suite 102 San Luis Obispo, CA 93401 (“CONSULTANT”).

THE PARTIES ENTER THIS AGREEMENT based upon t he following facts, understandings and int
entions:

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

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

1. TERM. This Agreement shall commence on December 6, 2022 and expire on December 31, 2023.

A. Extension
of Term. Upon mutual written agreement by the parties, the term of this Agreement may be extended for one additional period of six months commencing upon the expiration of the initial or extended term, subject to the same terms and conditions of this Agreement.

CONSULTANT shall give written notice of its request for extension of the term of the Agreement to the City’s Authorized Representative, as identified in Section 4 below, at least thirty (30) days prior to expiration of the initial or extended term.

The extension(s) of the term of this Agreement shall be subject to a review of CONSULTANT’S performance in accordance with the terms and conditions of this Agreement and shall be subject to City approval. Such extension of time shall be in writing by a duly executed Amendment to this Agreement.

2. SCOPE OF SERVICES. Subject to such policy direction and approvals provided by the CITY's Authorized Representative, CONSULTANT shall perform the services described in detail in Exhibit A, Scope of Services. CITY retains all rights of approval and discretion with respect to the projects and undertakings contemplated by this Agreement.

3. PAYMENT. The compensation to be paid to CONSULTANT including payment for
professional services and reimbursable expenses, shall be at the rate and schedules in detail in Exhibit 1 of 12
Attachment 1

Page 5 of 18 ends

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
A. However, shall in no event shall the amount CITY pays CONSULTANT exceed twenty-two thousand, five hundred dollars ($22,500.00) for the term of this Agreement. Any Amendment to this Agreement that includes an increase to this compensation amount shall be made in accordance with Section 5 below.

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

4. AUTHORIZED REPRESENTATIVES. Authorized representatives shall represent CITY and CONSULTANT in all matters pertaining to the services to be ordered by CITY or rendered by CONSULTANT under this Agreement except where approval for the CITY is specifically required by the City Council. The CITY’s authorized representative is Mindy Gentry, Planning Manager of the Community Development Department. The CONSULTANT’s authorized representative is Scott Martin, Principal.

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

A. Amendment for Additional Compensation. CITY’s Authorized Representative is authorized to execute amendments to the Agreement on behalf of CITY, including amendments providing for additional compensation to CONSULTANT not to exceed $50,000 during the fiscal year, including the base contract amount, throughout the term of this Agreement. Any additional compensation to CONSULTANT that is $50,000 or more for the fiscal year, including the 2 of 12
7/26/2013

Page 6 of 18 ends

3 of 12
7/26/2013
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
base contract amount, must be approved by City Council.

Consultant’s failure to secure CITY’s written authorization for additional compensation or changes to the Scope of Work shall constitute a waiver of any and all right to adjustment in the price or time due, whether by way of compensation, restitution, quantum meruit, or similar relief.

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

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

7. STANDARD OF PERFORMANCE. CONSULTANT represents and warrants to

Page 7 of 18 ends

4 of 12
7/26/2013
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
CITY that CONSULTANT is skilled and able to provide such services described in the Scope of Work and that such services shall be performed in an expeditious manner, and with the degree of skill and care that is required by current, good, and sound procedures and practices. CONSULTANT further agrees that the services shall be in conformance with generally accepted professional standards prevailing at the time work is performed.

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

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

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

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

10. INDEMNIFICATION.

A. For Design Professional Services Only. Pursuant to California Civil Code Section 2782.8, CONSULTANT agrees to indemnify the CITY (including its officers, agents,

Page 8 of 18 ends

5 of 12
7/26/2013
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
employees and volunteers) against liability for claims against the CITY that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT in the performance of this Agreement. The CONSULTANT will reimburse the CITY for any expenditures, including reasonable attorney fees, incurred by the CITY in defending against claims ultimately determined to arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT.

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

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

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

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

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

Page 9 of 18 ends

6 of 12
7/26/2013
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
aggregate basis or a combined single limit per occurrence basis.

D. Compliance with State Workers' Compensation Requirements.

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

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

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

Page 10 of 18 ends

7 of 12
7/26/2013
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
employees, or volunteers.
(4) Verification of Coverage. CONSULTANT shall furnish CITY with certificates of insurance and the original endorsements effecting coverage required by this Agreement.

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

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

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

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

15. COMPLIANCE WITH CIVIL RIGHTS. During the performance of this contract,

Page 11 of 18 ends

8 of 12
7/26/2013
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
CONSULTANT agrees as follows:

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

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

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

16. CONFLICT OF INTEREST
.

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

B. CONSULTANT is not a designated employee within the meaning of the Political Reform Act because CONSULTANT:
(1) Will conduct research and arrive at conclusions with respect to its rendition

Page 12 of 18 ends

9 of 12
7/26/2013
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
of information, advice, recommendation or counsel independent of the control and direction of the CITY or of any CITY official, other than normal contract monitoring; and (2) Possesses no authority with respect to any CITY decision beyond the rendition of information, advice, recommendation or counsel. (2 Cal. Code Regs. § 18700(a)(2).)

17. COMPLIANCE WITH LAWS. CONSULTANT shall comply with all applicable Federal, State of California, and local laws, rules, and regulations and shall obtain all applicable licenses, including a business license with the City of Concord, and permits for the conduct of its business and the performance of the services.

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

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

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

Page 13 of 18 ends

10 of 12
7/26/2013
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28

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

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

23. FINANCIAL RECORDS. Records of CONSULTANT’s direct labor costs, payroll costs, and reimbursable expenses pertaining to this project covered by this Agreement will be kept on a generally recognized accounting basis and made available to CITY if and when required.

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

To CITY: Mindy Gentry, Planning Manager
Community Development Department
City of Concord
1950 Parkside Drive
Concord, CA 94519-2578
Phone: (925) 671-3369
Fax: (925) 671-3381

Page 14 of 18 ends

11 of 12
7/26/2013
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
To CONSULTANT: Scott Martin, Principal
RRM Design Group
3765 S. Higuera Street, Suite 102
San Luis Obispo, CA 93401
Phone: (805) 543-1794
Fax: (805)543-4609

25. NON-LIABILITY. No member of the CITY and no other officer, employee or agent of the CITY shall be personally liable to CONSULTANT or otherwise in the event of any default or breach of the CITY, or for any amount which may become due to CONSULTANT or any successor in interest, or for any obligations directly or indirectly incurred under the terms of this Agreement.

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

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

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

CONSULTANT CITY OF CONCORD, a Municipal
Corporation
By:_________________________________ By:______________________________ Name: Scott Martin Name: Valerie J. Barone
Title: Principal Title City Manager
Address: 3765 S. Higuera Street, Suite 102 Address: 1950 Parkside Drive San Luis Obispo, CA 93401 Concord, CA 94519
Telephone: (805)543-1794 Telephone: (925) 671-3150
APPROVED AS TO FORM: ATTEST:

City Attorney City Clerk

Page 15 of 18 ends

12 of 12
7/26/2013
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
FINANCE DIRECTOR'S CERTIFICATION:

Concord, California
Date: _____________________________, 2022

I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEAR FY 22-23 AND FISCAL YEAR FY 23-24,

PENDING CITY COUNCIL BUDGET APPROVAL,

TO PAY THE ANTICIPATED
EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.

THE SUM OF $22,500. Account Code 10082001Z01-63800-500.

Finance Director's Signature

Page 16 of 18 ends

3765 S. Higuera St., Ste. 102 • San Luis Obispo, CA 93401 p: (805) 543 -1794 • f: (805) 543 -4609
www.rrmdesign.com
a California corporat ion  Lenny Grant , Archit ect C26973  Robert Camacho, PE 76597  St eve W ebster, LS 7561  Jeff Ferber, LA 2844 Concord Prototype ADU Code Updates
Scope of Services

PROJECT UNDERSTANDING
This scope of work is intended to ensure compliance of the City of Concord’s approved accessory dwelling unit (ADU) prototype plans with the upcoming 2022 California Building Standards Adoption.

SCOPE O

F SERVICES
Task A.1: Prototype ADU Code Updates
RRM proposes to coordinate and update the City’s ADU prototype plans to ensure compliance of the pre-approved plans and support documents with the 2022 California Building Standards including Fire. This will include updating the architectural and engineering plans, structural calculations, green building forms and energy compliance documentation. We propose a kick-off meeting with Building Division and Planning staff to discuss the pending code update and changes needed to the pre-approved plans and support documents. To minimize the number of reviews and cost, one detached prototype plan will be submitted first for review by the City. The remaining five plans will be submitted after the first set is reviewed to ensure that the City’s comments are incorporated.

Deliverables:
• PDF format
• Updated prototype building plans and building permit submission materials • Updated structural documentation
• Updated energy compliance documentation
Schedule
• Kick-off meeting
• RRM to update one attached prototype plan
• City reviews the first set of prototype plan updates (requires 10 calendar days) • RRM update the remaining five plans based on City comments • RRM revise the original prototype plan, as applicable • City review of 6 plans (requires 10 calendar days)
• Respond to any remaining comments and update documents accordingly.

Exhibit A to Attachment 1

Page 17 of 18 ends

Concord Prototype ADU Code Updates
Scope of Services
September 14, 2022

Page 2 of 2 ends

Estimated Fee: Time and Materials – Not to Exceed
• Structural estimated at $1,250 per plan
• Architectural and energy compliance estimated at $2,500 per plan

• Total budget for 6 plan updates: $22,500

SERVICES AND/OR INFORMATION TO BE PROVIDED BY CLIENT
• Current or pending municipal code updates

LIMITATIONS OF SCOPE AND EXCLUSIONS
Please note that the tasks to be performed by the RRM team are limited purely to those outlined above. Substantive changes requested by the Client or changes in the Client’s program or direction that are inconsistent with prior approvals are subject to additional services fees.

Any additional services that RRM Design Group is asked to perform over and beyond those described above will be billed on a negotiated and Client-approved, fixed-fee, or hourly basis.

Fee Footnote
Estimated fees for tasks shown as “Time and Materials - Not to Exceed" (T&M/NTE) establish the maximum that will be billed for each task. Amounts billed will reflect actual hours and will not exceed the maximum amount shown without prior approval by the Client.

Reimbursable Expenses
Incidental expenses incurred by RRM Design Group or any subconsultant it may hire to perform services for this project are reimbursed by the Client at actual cost plus 10% to cover its overhead and administrative expenses. Reimbursable expenses include, but are not limited to, reproduction costs, postage, shipping, and handling of drawings and documents, long-distance communications, fees paid to authorities having jurisdiction over the project, the expense of any additional insurance requested by Client in excess of that normally carried by RRM Design Group or its subconsultants, travel expenses (transportation/automobile/lodging/meals), and renderings and models. Reimbursable automobile travel mileage will be billed at the current IRS business standard mileage rate.

If you have any questions or require clarification of the scope of services or fees outlined above, please do not hesitate to call us. Thank you again for this opportunity.

Page 18 of 18 ends

Staff Report
Date: December 6, 2022
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kevin Marstall, PE, Director of Community Development Carlton Thompson, PE, City Engineer
Bernard Enrile, PE, CIP Manager
Prepared by: Tianjun Cao, PE, Associate Civil Engineer
[email protected]
(925) 671-3243
Subject: Considering the award of a Construction Contract in the amount of $253,362 to Rosas Brothers Construction for the Citywide Accessibility Improvements No. 9 (Project No. 2602) and authorizing staff to utilize the available project
contingency for contract change orders up to 10% of the contract amount; authorizing the Mayor to execute the
contract in a form acceptable to the City Attorney; and approving a related budget transfer of $23,000 from Citywide Accessibility Improvements No. 8 (Project No. 2519). (Funded by Community Development Block Grant Funds, Measure Q
Local Funds)
NEPA: Categorical exclusion per Section 24 CFR 58.25 (a)(2).

CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(3), 15273, 15378, 15301, 15302, 15304, and/or Public Resources Code Section 21065.

Report in Brief
The Citywide Accessibility Improvements No. 9 project (Project No. 2602) will provide accessibility improvements in three areas around the City. The streets included in the project are Grant Street at Adobe Drive, Hookston Road, Hampton Drive, Thames Drive, Stimel Drive, Bermuda Drive, and David Avenue (See Attachment 1). Project improvements include up to thirty-one (31) American with Disabilities Act (ADA)

4.e4.e4.e

Page 1 of 9 ends

City Council Agenda Report
Agenda Item No. 4.e
December 6, 2022
compliant curb ramps, striping, and minimal paving work. The project has been designed and competitively bid; and is at the point of construction contract award. If award is approved by the City Council, project construction is expected to begin in February 2023 and be completed by April 2023, weather permitting.

Recommended Action

1. Award the construction contract in the amount of $253,362 to Rosas Brothers Construction of Oakland, CA for the Citywide Accessibility Improvements No. 9 (Project No. 2602); authorize Staff to utilize the available project contingency for contract change orders that become necessary up to 10% of contract amount, and authorize the Mayor to execute the contract in a form acceptable to the City Attorney.

2. Approve a related budget transfer in the amount of $23,000 from Citywide Accessibility Improvements No. 8 (Project No. 2519) to the Citywide Accessibility Improvements No. 9 (Project No. 2602) to cover the project contingency.

Background
Each year, the City Council approves an allocation of Community Development Block Grant (CDBG) funds in the Capital Improvement Program (CIP) to fund both the design and the construction of American Disability Act (ADA) accessibility improvement projects. The ADA accessibility improvement projects include construction of sidewalk and curb ramps to improve accessibility in various locations throughout the City.

Additionally, the Council approves an allocation of local funds to supplement the appropriated CDBG funds. The local funds are used to fund the administrative project- related costs of this project, since CDBG funds may not be used for that purpose.

The Citywide Accessibility Improvements No. 9 (Project No. 2602) was approved by the City Council with the adoption of the Fiscal Year 2022-2024 CIP Budget. The specific scope of work for Project No. 2602 includes the construction of up to thirty-one (31) ADA compliant curb ramps. This project is part of the effort to upgrade all non-ADA compliant curb ramps citywide, especially those in high use pedestrian areas and school zone areas. In addition, ramp locations are also included as the City’s response to specific citizen requests. The project as bid includes a Base Bid of thirty-one (31) ramp locations.

Procurement Process
The project was advertised for construction bids as required by State law and City policy. The Engineer’s Estimate for the Total Bid is $320,000. Bids were opened on October 27, 2022. Ten (10) bids were received in the amount ranging from $253,362 to $445,017. The basis of award for this project is the Base Bid. The lowest bid was received from Rosas Brothers Construction of Oakland, CA (Rosas). A summary of the three lowest bids is as follows:

Page 2 of 9 ends

City Council Agenda Report
Agenda Item No. 4.e
December 6, 2022
BID

SCHEDULE
Engineer's
Estimate
Rosas
Brothers
Construction
FJ&I
Engineering
Inc.

Kerex
Engineering
Inc.

Base Bid $ 320,000 $253,362 $284,126 $299,592
Rosas was the low bidder and submitted a responsive and responsible bid. Rosas has an appropriate and valid contractor’s license and satisfactory work references. FJ&I Engineering Inc., the second lowest bidder, was deemed non-responsive as the firm was not a plan holder.

Staff completed analysis of Rosas’s bid, determining that this firm along with its subcontractors possess appropriate and valid licenses, and are not on any debarred lists. Rosas is registered with the Department of Industrial Relations as required by SB 854. Should Council award this contract, thirty-one (31) ramps will be constructed.

See attached location map (Attachment 1).

Financial Impact
The current total budget for this project is $360,000 and is funded by $60,000 in Measure Q Local Funds (Fund 401) and $300,000 in CDBG funds (Fund 254). There are sufficient funds to award the construction contract, provide for construction management, inspection and testing services, and staff oversight. The budget transfer of $23,000 from Project No. 2519 in Measure V (Fund 407) will cover the project contingency of 10 percent. Project 2519 is a completed project. With the budget transfer, the new total budget would be $383,000.

Environmental Determination
The project is Categorically Excluded from preparation of an environmental review in accordance with Section 24 CFR 58.25 (a)(2) of the National Environmental Policy Act (NEPA). Pursuant to CEQA Guidelines Sections 15060 (c), 15061 (b)(3), 15273, 15378, and Public Resources Code Section 21065, award of this contract is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, as it will not result in a direct or reasonably foreseeable indirect physical change in the environment. In the alternative, award of this contract is exempt under CEQA Guidelines Sections 15301 – Existing Facilities, 15302 – Replacement and Reconstruction, and 15304 – Minor Alterations to Land, as it involves constructing curb ramps where there is existing sidewalk, striping, and minimal paving work. No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 applies. This determination reflects the City’s independent judgement and analysis. The Notice of Exemption will be filed with the County Clerk’s office following the Council award of the construction contract.

Public Contact
The City Council Agenda was posted.

Page 3 of 9 ends

City Council Agenda Report
Agenda Item No. 4.e
December 6, 2022
Attachments

1. Location Maps

2. Bid Summary

Page 4 of 9 ends

Attachment 1

Location Maps
Citywide Accessibility Improvements No. 9 (Project 2602)

- Ramp upgrade locations

Page 5 of 9 ends

Attachment 1

Page 6 of 9 ends

Attachment 1

Page 7 of 9 ends

City of Concord
Bid Sheet
PROJECT #2602 Bid Opening:

Citywide Accessibility Improvements No. 9 Thursday,
October 27, 2022
2:00 p.m.

City Manager's Conference Room
Engineer’s Estimate: $320,000 To be awarded:

COMPANY TOTAL BID
Rosas Brothers Construction
P.O. Box 7862
Oakland, CA 94601
$253,362.00
FJ&I Engineering Inc.
1981 21st Street
San Pablo, CA 94806
$284,526.00
$284,126.00
(Bidder deemed non-
responsive)
Kerex Engineering
P.O. Box 23831
Pleasant Hill, CA 94523
$299,592.00
FBD Vanguard Construction, Inc.
550 Greenville Road
Livermore, CA 94550
$314,560.00
SpenCon Construction, Inc.

P.O. Box 1220
Danville, CA 94526
$330,192.00
J.J.R. Construction, Inc.
1120 Ninth Avenue
San Mateo, CA 94402
$347,748.91
Mercoza
P.O. Box 110283
Campbell, CA 95011
$372,932.00
Golden Bay Construction Inc.
3826 Depot Road
Hayward, CA 94545
$416,354.00
Attachment 2

Page 8 of 9 ends

COMPANY TOTAL BID
California Constructores
1220 Marin Ave.

San Pablo, CA 94806

$423,129.00
$445,017.00
Sposeto Engineering Inc.
4558 Contractors Place
Livermore, CA 94551

$440,684.00

Contact: Tianjun Cao x3243

Page 9 of 9 ends

Staff Report
Date: December 6, 2022
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kevin Marstall, PE, Director of Community Development Carlton Thompson, PE, City Engineer
Bernard Enrile, PE, CIP Manager
Prepared by: Tianjun Cao, PE, Associate Civil Engineer
[email protected]
(925) 671-3243
Subject: Considering award of On-Call Construction Contract for On- Call Citywide Sidewalk Replacement Phase 3 (Project No. 2341) to Kerex Engineering Inc. of Pleasant Hill for one year (with two one-year extensions possible) in the amount not to exceed $400,000 annually. (Funding source varies and
includes property owner reimbursements)
CEQA: Not a project/exempt per CEQA Guidelines Sections 15060 (c), 15061 (b)(2), 15061 (b)(3), 15273, 15282 (j), 15378, 15301, Public Resources Code Section 21065 and/or 21080.19.

Report in Brief
The Capital Improvement Program project titled “On-Call Citywide Sidewalk Replacement Phase 3 (Project No. 2341)” is intended to provide City staff with access to an on-call Concrete Contractor to perform as-needed repairs to sidewalks, driveways, and curb and gutter. The project is specified as a one-year “on-call” services contract with a renewable option for up to two additional years upon mutual agreement of the Contractor and City of Concord. This on-call service would provide an opportunity for residents to utilize the City’s Contractor to repair damaged sidewalks, curbs, gutters, and driveways in front of their properties for projects that are either emergencies or have a cost under $60,000.

4.f4.f

Page 1 of 4 ends

City Council Agenda Report
Agenda Item No. 4.f
December 6, 2022
Bids were opened on Thursday October 20, 2022, for which three bids were received.

Kerex Engineering Inc. of Pleasant Hill, CA (Kerex) was considered the apparent low bidder after the previous low bidder was deemed non-responsive.

Recommended Action
Award an On-Call Construction Contract to Kerex Engineering Inc. of Pleasant Hill for Citywide On-Call Citywide Sidewalk Replacement Phase 3, Project No. 2341 for one year and a not to exceed amount of $400,000.

Background
The Plans, Specifications, and Estimate (PS&E) package for this project was structured as an “on-call” service contract for the replacement of sidewalk, driveways, curbs, and gutters. In order to provide prospective bidders with a biddable estimate of “on-call” services for the year, staff provided “estimated quantities” of various items of work needed over the year to establish “per unit” costs for each work item. For example, the prospective bidder was asked to provide a per-unit cost for the removal and replacement of sidewalk on a square foot basis.

Determination of the lowest responsive and responsible bidder was based on the total bid for the estimated quantities. Actual work will be outlined on work orders issued to the Contractor, as needed, with a limited window for repair. An individual project will be limited to emergencies and/or situations where the total cost of the project is less than $60,000. The Contractor would then be paid as each work order is completed based on the unit prices. The last competitively bid On-Call Citywide Sidewalk Replacement contract was similar in that it was for one-year with a renewable option for up to two additional years upon mutual agreement of the Contractor and the City of Concord. The last contract was awarded in October 2019, and both one year extensions were used, so the contract concluded at the end of October 2022. Kerex was the on-call contractor for the previous contract.

Procurement Process
The project was advertised for construction bids as required by State law and City policy. Bids were opened on October 20, 2022. Three bids were received in the amount ranging from $375,980 to $725,100. The lowest responsive bid was received from Kerex Engineering Inc. of Pleasant Hill, CA (Kerex). The Engineer’s Estimate for the Total Bid was $400,000. A summary of the bids is as follows:

BID

SCHEDULE
Engineer's
Estimate
MCE
Corporation
Kerex
Engineering
Inc.

JJR
Construction
Inc.

Total Bid $400,000 $375,980 $477,000 $ 725,100

Page 2 of 4 ends

City Council Agenda Report
Agenda Item No. 4.f
December 6, 2022
The basis of award for this project is the Total Bid and there are no additive bids. MCE Corporation was the low bidder but did not submit a responsive bid, as the firm is unable to perform a specific scope of work at the bid price they listed, therefore they were deemed a non-responsive bidder. Kerex of Pleasant Hill, CA was the next lowest bidder and submitted a responsive and responsible bid. Kerex has an appropriate and valid contractor’s license and satisfactory work references.

The on-call contract will be limited to a not to exceed amount of $400,000 per year to perform work as assigned by Public Works on a work order basis. The prices in the awarded contract will lock in for the length of the contract.

Financial Impact
The award of the On-Call Construction Contract does not directly appropriate or expend funds. Funding for each work order would need to be in place prior to issuance of the work order and will be provided from existing Capital or operating budget allocations or via reimbursement from individual property owners. The On-Call Construction Contract award limits the maximum annual cumulative value of work performed through all assigned work orders up to $400,000 per year.

Environmental Determination
Pursuant to CEQA Guidelines Sections 15060(c), 15601(b)(2), 15061(b)(3), 15273, 15282 (j), 15378, and Public Resources Code Section 21065 and/or 21080.19, award of this contract is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, as it will not result in a direct or reasonably foreseeable indirect physical change in the environment. In the alternative, award of this contract is exempt under CEQA Guidelines Sections 15301 – Existing Facilities, as it involves constructing minor concrete improvements. No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 applies. This determination reflects the City’s independent judgement and analysis. The Notice of Exemption will be filed with the County Clerk’s Office after Council approval of contract award.

Public Contact
The City Council Agenda was posted.

Attachment

1. Bid Summary

Page 3 of 4 ends

City of Concord
Bid Sheet
PROJECT #2341 Bid Opening:

Citywide On-Call Sidewalk Replacement
Phase 3
Thursday,
October 20, 2022
2:00 p.m.

City Manager's Conference Room
Engineer’s Estimate: $400,000 To be awarded:

COMPANY TOTAL BID
MCE Corporation
40000 Industrial Way
Concord, CA 94520
$375,980.00
(Bidder deemed non-
responsive)
Kerex Engineering
P.O Box 23831
Pleasant Hill, CA 94523
$477,000.00
J.J. R Construction, Inc.
1120 Ninth Avenue
San Mateo, CA 94402
$725,100.00
Con
tact: Tianjun Cao x3243
Attachment 1

Page 4 of 4 ends

Staff Report
Date: December 6, 2022
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Steve Voorhies, Director of Parks and Recreation Prepared by: Kathie Leavitt, Recreation Program Manager [email protected]
(925) 671-3416
Subject: Considering approval of a Facility Use Agreement with the Terrapins Swim Team covering the period of January 1, 2023, through December 31, 2027, and authorizing the City Manager to execute the Agreement in a form acceptable to the City Attorney.

CEQA: Not a project/exempt under Public Resources Code
Section 21065, CEQA Guidelines Sections 15060, 15378, and 15061, 15301, and 15323.

Report in Brief
Consider approval of a Facility Use Agreement with the Terrapins Swim Team (TST), for the period of January 1, 2023, through December 31, 2027, allowing them to continue use of Concord Community Pool.

This action will provide an estimated $53,583 in revenue for 2023. Annual fees escalate at 3% per year, commencing on January 1, 2024, and continuing at the beginning of each calendar year during the term of the newly proposed agreement. Revenue is estimated to be $55,492 in 2024, $57,131 in 2025, $58,887 in 2026 and $60,644 for the final year of the agreement in 2027.

Recommended Action
Approve a Facility Use Agreement with the Terrapins Swim Team (TST) for the period of January 1, 2023, through December 31, 2027, and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney.

4.g4.g4.g

Page 1 of 25 ends

City Council Agenda Report
Agenda Item No. 4.g
December 6, 2022
Background
The City has offered competitive swim activities in cooperation with the Terrapins Swim Team (TST) since 1990. The program has been conducted at Concord Community Pool and has enabled thousands of youth from Concord and surrounding cities to develop into competitive swimmers. Notably, Olympic champion Natalie Coughlin participated in the Terrapins program. The City and TST have historically entered into a series of agreements providing TST with use of Concord Community Pool, including shower/locker facilities and other support services, in exchange for usage fees. TST has provided high quality coaching to the participating swimmers and shared certain operational responsibilities associated with the pool. The City Council approved the most recent agreement between the City and TST covering years 2018-2022 on June 26, 2018. That agreement expires on December 31, 2022.

Analysis
The proposed agreement is structured similarly to the agreement approved by Council in 2018, as it successfully incorporates cost recovery and revenue generation goals.

Revised terms of the proposed agreement:
 Includes increased total lane use hours from 10,256 lane hours to 11,707.25 lane hours each calendar year;
 Continues to allow for year round use of the pool;
 Increases the per lane, per hour fee by 3% from $4.47 (current) to $4.60 for the first year of the agreement; and
 Includes a 3% escalator commencing on January 1, 2024 and thereafter on January 1st of each calendar year during the term of the proposed agreement.

TST’s proposed overall total lane use hours were increased from the prior agreement primarily due to expansion of lane use hours during non-peak times and elimination of a previously scheduled break week in the winter. This proposed schedule continues to support significant community use of the pool facility throughout the term of the agreement and helps pay operating and maintenance costs for the pool facility.

With Council approval, the Agreement would be in place for a term ending December 31, 2027.

Financial Impact
The proposed agreement requires TST to pay $53,853 in annual fees for 2023 for the use of Concord Community Pool. This represents 11,707.25 lane use hours from January 1, 2023 through December 31, 2023. The fees are based on an hourly charge per lane used, beginning at $4.60 per lane, per hour and increasing by 3% each year beginning in 2024 and is projected to generate an additional 17% in revenue annually compared to the current agreement.

Page 2 of 25 ends

City Council Agenda Report
Agenda Item No. 4.g
December 6, 2022
The chart below illustrates total hours and fees based on anticipated TST usage:

Year 2023 2024 2025 2026 2027
Dates 1/1/23 - 12/31/23 1/1/24 - 12/31/24 1/1/25 - 12/31/25 1/1/26 - 12/31/26 1/1/27 - 12/31/27 Annual Lane Use
Hours 11,707.25 11,707.25 11,707.25 11,707.25 11,707.25 Rate
(per lane, per hour) $4.60 $4.74 $4.88 $5.03 $5.18
Annual Base Fees $53,853 $55,492 $57,131 $58,887 $60,644 Terrapins Swim Team - Contract Fees (2023-2027)
Environmental Determination
None of the activities addressed herein constitute a “project” within the meaning of Public Resources Code Section 21065, or 14 Cal Code Regs. (CEQA Guidelines) 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 CEQA Guidelines Sections 15061(b)(2), 15061(b)(3), 15301 – Existing Facilities, and 15323 – Normal Operations of Facilities for Public Gatherings.

Public Contact
The City Council Agenda was posted.

Attachment

1. Terrapins Swim Team Agreement

Page 3 of 25 ends

TERRAPINS SWIM TEAM AGREEMENT
1 THIS AGREEMENT is entered into this 6th day of December, 2022, by and between the 1 CITY OF CONCORD, a municipal corporation (hereinafter "CITY"), and the TERRAPINS SWIM 2 TEAM, a non-profit corporation, (hereinafter "TST"). 3
WHEREAS, the CITY operates aquatics facilities including the Concord Community Pool 4 (hereinafter “Community Pool”), for the benefit of the citizens of the City of Concord; and 5 WHEREAS, competitive swim teams are part of a full service municipal aquatics program; 6 and 7
WHEREAS, TST has represented to CITY that TST’s employees have the knowledge, skills, 8 and ability to provide the services identified herein in accordance with U.S. Swimming and applicable 9 provisions of the State of California, Title 22 of the Health Code. 10 NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 11

1. TST's Commitments. Pursuant to this Agreement, TST shall: 12 A. Provide competitive swim programs at the Community Pool for ages five (5) years and 13 over. Programs shall not interfere or compete with CITY programs and shall require advance 14 CITY approval. All participants must have a level of swimming skill equivalent to CITY’s 15 Swim School, Level 4 or above. 16
B. Remove and/or install the pool covers at the beginning and/or conclusion of each day's 17 activities at the Community Pool based on whether or not TST is the first and/or last scheduled 18 user of the pool. In the event TST fails to remove or install pool covers, TST shall reimburse 19 to CITY Thirty-five Dollars ($35.00) for each hour required to remove or install said covers 20 with a minimum charge of two (2) hours based on whether or not TST is the first and/or last 21 scheduled user of the pool. 22
C. Review and provide CITY with an Emergency Action Plan (EAP) that addresses all 23 swim programs with proper coaching and staffing levels and that in the judgment of CITY is 24 consistent with the CITY’S EAP. 25
D. Abide by all Community Pool Conditions of Use as defined in Exhibit “A” and provide 26 adequate personnel to monitor all aquatic facilities at the Community Pool during TST's 27 exclusive use to prevent vandalism and undesirable conduct. 28 E. Properly install and remove starting platforms (starting blocks) and install protective 29 covers for deck anchors. Failure to install protective deck anchors will result in an assessment 30 of repair/ maintenance costs incurred by CITY. Other than during the off-season, as designated 31 Attachment 1

Page 4 of 25 ends

2 below, or during team practices, TST shall not leave starting platforms in the deck. Subject to 1 the CITY’s sole discretion, the starting blocks may be left in place during the off-season, 2 designated by the end of the North Coast Sectional Water Polo Season through the Friday 3 preceding Memorial Day Weekend (exact dates to be determined by CITY annually) provided 4 the following specifications are met: 5
 the profile and surface of the starting platform steps shall be in good repair to prevent 6 slips, trips, falls, and pitch hazards. 7
 the starting platforms shall only be used for competitive swimming or training. 8  the starting platforms shall only be used under the direct supervision of a coach or 9 instructor. 10
 the starting platforms shall be prohibited from use during all recreational or non-11 competitive swimming activity by covering platforms with a manufacturer-supplied 12 platform cover or another means or device that is readily visible and clearly prohibits use. 13  the means or device required for covering the starting platforms shall be determined by 14 CITY. 15
 platform covers shall be paid for and maintained by TST and must be replaced every 2 16 years or when necessary to meet any of the above requirements or determined to need 17 replacing by CITY Staff for any reason, including purely aesthetic. 18  This provision shall be immediately void if change to Federal, State, County laws 19 requires or if the above provisions are not met. 20
F. Maintain all storage facilities in a safe, neat, and orderly manner. Upon request, said 21 facilities will be inspected regularly by CITY. Failure to put supplies and equipment away in 22 storage facilities will result in TST reimbursing CITY Thirty-five Dollars ($35.00) for each 23 hour required to put equipment away (minimum one hour charge). 24 G. Car ports/shade structures shall be paid for and maintained by TST and must be 25 replaced when determined to need replacing by CITY Staff for any reason, including purely 26 aesthetic. 27
H. No modifications can be made to the facility without prior approval from the CITY. 28 This includes, but is not limited to extension cords, lighting and must meet appropriate safety 29 and aesthetic standards. 30
I. Aquatic facility, including but not limited to the deck, locker rooms, restrooms, 31

Page 5 of 25 ends

3 showers, office area, and general grounds must be maintained in a safe, neat, and orderly 1 manner during and at the conclusion of TST activities. Opening/Closing procedures, provided 2 by the CITY, must be strictly followed to assist in the proper safeguarding of the facility, 3 including any and all items within the facility. Pool facility keys are assigned to TST staff 4 members only. TST shall reimburse the City for any lost keys at $100 per replaced key. Alarm 5 codes will be assigned to specific TST staff members who may be the first to arrive or last 6 person to leave the facility. 7
J. Annually certify by October 1, of each contract year that all TST coaches, managers, 8 and staff operate in accordance with applicable United States Swimming Rules and 9 Regulations, California State Health Codes, and CITY's standards for lifeguard certification 10 through a Nationally Recognized lifeguard training program acceptable to CITY. All TST 11 coaches, managers, and staff will need to provide the CITY a copy of their certification. 12 Certifications may be obtained through the CITY by signing up for an available course. 13 K. Provide to CITY two times per year a list of team members, coaches and staff 14 indicating city of residence for each individual. Date ranges covered by these lists will be 15 determined by the TST seasons. TST will advise Aquatic Coordinator by January 1, each year, 16 of dates when each of these lists will be provided. Provide a yearly list of the Board of 17 Directors indicating position/title to the Aquatic Coordinator by January 1 each year. 18 L. Provide an unaltered Waiver and Release of Liability (Exhibit “B”) for each TST 19 participant engaging in any use of CITY aquatic facilities encompassed in this Agreement. 20 Waivers must be submitted annually to the Parks & Recreation Department Aquatics Program 21 Coordinator. No one may participate in a practice, stroke lessons, exhibitions, or meets at the 22 Community Pool without these waivers being signed by the participants, collected by TST, 23 and provided to the CITY by TST. Waivers must be turned in to the Aquatics Program 24 Coordinator in advance of any practice, stoke lesson, exhibition, or meet and will be compared 25 to quarterly list to verify all participants and help ensure proper risk management. 26 M. TST expressly agrees to adhere to all guidelines and health orders produced by the 27 California Department of Public Health and Contra Costa County Health Services as it relates 28 to use of Concord Community Park pool and facilities. 29 N. TST will provide CITY with Parks & Recreation Event Surveys (Exhibit “C-1”) and 30 Economic Impact Report (Exhibit “C-2”) within thirty (30) days of each swim meet. 31

Page 6 of 25 ends

4 2. CITY's Commitments. CITY shall provide the following services: 1 A. Annual use of Community Pool based on the schedule outlined in Exhibit “D”. Use of 2 Community Pool during CITY observed holidays and facility maintenance is excluded. 3 TST’s use of the Concord Community Pool is not exclusive. TST expressly agrees that the 4 CITY retains the right to operate and utilize the portions of the Concord Community Pool 5 which are not the subject of this Agreement. 6
B. Designated area for storage as specified in Exhibit "A", attached hereto and made a 7 part hereof. All improvements or alterations to this storage facility require prior approval by 8 CITY. CITY shall not be responsible for and does not ensure privacy, confidentiality, or 9 security of any items/documents stored at the pool. 10
C. All utilities excluding telephone. 11
D. Access to emergency backboard, AED, oxygen, rescue tubes, and appropriate 12 protective barriers. 13
E. Marketing support for promotion of TST including; bulletin board to right of Women’s 14 restroom, scoreboard in front lobby, approved banners, ad in Activity Guide (size to be 15 determined by space available), link from Aquatics page on the City of Concord website and, 16 when available, identification of additional promotional opportunities. 17

3. Fee. Effective January 1, 2023 for services described in Paragraph 2, TST shall pay the 18 CITY the fees as set forth in Exhibit “E”. Payments shall be made in a lump sum on January 1 19 of each year or in 12 monthly installments due on the first day of every month as described in 20 Exhibit “E”. In the event TST’s use of Community Pool, consistent with the Agreement, 21 commences before said Agreement is executed, unpaid fees for pre-execution use shall be due 22 and payable on the first day of the month following execution. 23 Said annual fees shall escalate at 3% (three percent) per year commencing on January 24 1, 2024, and continuing at the beginning of each calendar year during the term of this 25 Agreement. Said annual fee for lane use hours is described in Exhibit “E.” The fees set forth in 26 this paragraph are for the use hours described in Exhibit “D” and there is no credit or refund 27 for unused scheduled time. 28
Additional lane use hours will be billed at the yearly base lane use hour rate plus ten 29 (10%) percent. This additional use must be scheduled and approved by CITY 30 (thirty) days 30 in advance, if possible. 31

Page 7 of 25 ends

5 In the event that Concord Community Pool is closed for scheduled or unscheduled 1 maintenance, repairs, or refurbishment for over 30 calendar days, TST will be provided with 2 an opportunity to request schedule adjustments to the master schedule for lane use hours 3 currently described in Exhibit “D” which if agreed upon will result in modification to the 4 annual fee for lane use hours described in Exhibit “E”. 5 Swim meets will be billed as additional use in accordance with CITY approved Master 6 Fees and Charges. 7
A. TST shall be responsible for any required payment of Possessory Tax. This Use 8 Agreement may create a possessory property interest in TST. TST’s property interest may be 9 subject to property taxation, and TST or the party in whom the possessory interest is vested 10 may be subject to the payment of property taxes levied on the interest. Such taxes are referred 11 to herein as "Possessory Interest Taxes." 12
B. TST shall be responsible for any other fee(s) levied to CITY based on use of facility by 13 TST. 14

4. Term. The term of this Agreement shall be from January 1, 2023 through December 15 31, 2027, unless earlier terminated in accordance with Paragraph 7 of this Agreement. 16

5. Records and Inspection. As TST is a non-profit corporation, the CITY shall have the 17 right through its agents and representatives, at all reasonable times and with reasonable notice, 18 to inspect TST’s financial statements and records. TST agrees that its financial records and 19 statements shall be made available to the CITY during City’s normal business hours. 20 TST shall provide to CITY upon request a copy of its most recent State/Federal tax 21 returns and financial records/statements relating to the operations herein. The aforesaid 22 documents shall be provided to CITY’s Director of Parks & Recreation within 15 working days 23 of such request. TST shall report all documentation regarding use hours and participation levels 24 recorded at the pool to the Aquatics Program Coordinator on an annual basis. 25

6. Audit. CITY may elect to retain a third party to perform an audit and accounting of the 26 financial statements and records of TST. If CITY elects to have an audit and accounting 27 performed, TST will make available to CITY and/or its designated representative, all financial 28 records retained by it in the normal course of its business for such audit and accounting, within 29 fifteen (15) working days of such notice by City. 30

7. Termination. Either party may, at its discretion, terminate this Agreement without 31

Page 8 of 25 ends

6 cause, provided that the other party be given written notice of termination at least ninety (90) 1 days written notice of same. The CITY may terminate this Agreement upon five (5) days 2 written notice if TST breaches this Agreement. 3
In the event of termination of this agreement, either party may request an accounting of 4 monies due and/or owing the other within thirty (30) calendar days from the date of 5 termination. In the event that an accounting is requested by either party, the full and complete 6 financial accounting shall be provided within thirty (30) calendar days of the request. In the 7 event monies are due to either party, said monies shall be paid within thirty (30) working days 8 of the tendering of the accounting. 9

8. Independent Entities. It is understood that neither party hereto shall be deemed the 10 employer/employee, partner or joint venture of the other, that neither party is liable for any of 11 the debts or obligations of other party, and that TST is an independent entity and is neither an 12 agent nor a representative of the CITY. Volunteers of, or personnel employed by TST, are not 13 and shall not be deemed to be employees, representatives or volunteers of the CITY. Personnel 14 employed by CITY are not and shall not be deemed to be employee’s representatives or 15 volunteers of TST. 16

9. Indemnification. To the fullest extent permitted by law, TST agrees to defend, 17 indemnify and hold harmless the CITY, its officers, officials, agents, employees, and volunteers 18 from and against any and all claims, demands, actions, losses, damages, injuries, and liability 19 (including all attorney's fees and other litigation expenses) arising out of this Agreement. This 20 indemnification obligation on TST’s part shall not apply to demands, actions, losses, damages, 21 injuries, and liability arising out of sole negligence or willful misconduct on the part of CITY. 22

10. Insurance. TST agrees to have and maintain the policies set forth in Exhibit “F” 23 entitled “INSURANCE REQUIREMENTS,” which is attached hereto and incorporated herein. 24 All policies, endorsements, certificates, and/or binders shall be subject to approval by the City 25 Attorney as to form and content and shall be provided no later than thirty (30) calendar days 26 following the execution of this Agreement by both parties. These requirements are subject to 27 amendment or waiver only if so approved in writing by the CITY. A lapse in any required 28 insurance coverage during this Agreement shall be a breach of this Agreement. The insurance 29 contemplated under this provision shall remain in full force and effect during the term of this 30 Agreement. 31

Page 9 of 25 ends

7 11. Assignment. CITY is entering into this Agreement based upon the representations set 1 forth in this Agreement and the reputation of TST. TST shall not assign any portion of this 2 Agreement without the express written consent of CITY. 3

12. Industry Custom. To the extent that customs in the trade or industry directly 4 controvert the express written provisions of this Agreement, then in such event the Agreement 5 shall control and be binding upon the parties hereto. 6

13. Waiver. Failure or delay by either party to exercise any right or power encompassed in 7 this Agreement, or otherwise, shall not be construed as a waiver thereof. The failure of either 8 party hereto to insist upon a strict performance of any of the terms, provisions, conditions or 9 covenants herein contained shall not be deemed a waiver of any subsequent or continuing 10 breach of the terms, provision, conditions or covenants contained herein. The receipt by either 11 party from the other of any payment or acceptance of performance of anything required by this 12 Agreement to be performed, with knowledge of the breach of a term, provision, condition or 13 covenant of this Agreement, shall not be deemed a waiver of such breach. 14

14. Binding Effect. This agreement is binding on the successors and assigns of the parties 15 hereto. 16

15. Severability. All of the covenants, provisions and clauses herein contained in this 17 Agreement are severable. In the event any of said covenants or provisions or clauses shall be 18 held by any court of competent jurisdiction to be invalid, this Agreement shall be construed, if 19 possible, as if such invalid covenant or provision or clause were not herein contained. 20

16. City-TST Meetings. CITY and TST agree that its designated representatives will meet 21 quarterly to discuss issues which may arise in the performance of the obligations required by 22 this Agreement. TST shall, with reasonable notice, attend all CITY meetings requested. In 23 addition, the Aquatics Program Coordinator and TST will meet monthly to review the pool use 24 schedule and discuss possible schedule adjustments. All CITY programs will take priority over 25 use of the Community Pool by TST, although CITY will work to accommodate TST scheduling 26 requests. 27

17. Representatives. In order to facilitate communications between the parties a 28 representative is herein designated to be the primary contact person for each party in case of 29 issues arising between the parties. For the CITY it is the Director of Parks & Recreation and for 30 TST it is the Head Coach. The parties' representatives may designate other individuals to act on 31

Page 10 of 25 ends

8 their behalf or to handle specific aspects of the relationship between the parties. 1

18. Notices. All invoices or notices, except those pertaining to day-to-day booking or 2 production, required herein shall be in writing and shall be deemed to have been received on the 3 day they are hand delivered or deposited in the United States mail with first class postage and 4 addressed: 5
To TST: President of the Board of Directors 6
Terrapins Swim Team 7
P.O. Box 21127 8
Concord, CA 94521 9
10 With copies to: Head Coach 11
Terrapins Swim Team 12
P.O. Box 21127 13
Concord, CA 94521 14
15 To CITY: City Manager 16
City of Concord 17
1950 Parkside Drive 18
Concord, CA 94519 19
20 With copies to: City Attorney 21
City of Concord 22
1950 Parkside Drive 23
Concord, CA 94519 24
25 Director of Parks & Recreation 26
City of Concord 27
1950 Parkside Dr., MS/10 28
Concord, CA 94519 29
30 31

Page 11 of 25 ends

9 19. Change of Address. Any of the parties may change the address to which notices are 1 sent by giving written notice of such change to the other party as provided herein. 2

20. Amendment. This Agreement may be amended, modified, or changed by the parties 3 provided that said amendment, modification or change is in writing and approved by both 4 parties. 5

21. Compliance with Laws. TST shall comply with all applicable Federal, State of 6 California, and local laws, rules and regulations and shall obtain all applicable licenses, 7 including a business license with the City of Concord, and permits for the conduct of its 8 business and the performance of the services. 9

22. Choice of Law. This Agreement shall be construed and interpreted in accordance with 10 the laws of the State of California, excluding any choice of law rules which may direct the 11 application of the laws of another jurisdiction. In the event that suit shall be brought by either 12 party hereunder, the parties agree that trial of such action shall be held exclusively in a state 13 court in the County of Contra Costa, California. 14

23. Enforceability; Interpretation. In the event that any of the provisions or portions of 15 application of any of the provisions of the Agreement are held to be illegal or invalid by a court 16 of competent jurisdiction, CITY and TST shall negotiate an equitable adjustment in the 17 provisions of the Agreement with a view toward affecting the purpose of the Agreement. The 18 illegality or invalidity of any of the provisions or portions of application of any of the 19 provisions of the Agreement shall not affect the legality or enforceability of the remaining 20 provisions or portions of application of any of the provisions of the Agreement. This 21 Agreement shall be interpreted as though it was a product of a joint drafting effort and no 22 provisions shall be interpreted against a party on the ground that said party was solely or 23 primarily responsible for drafting the language to be interpreted. 24

24. Time of Essence. Time is of the essence in the performance of this Agreement. 25 IN WITNESS WHEREOF, the parties have executed this Agreement in one (1) or more 26 copies as of the date and year first written above. 27
28 29
Signatures on Next Page 30
31

Page 12 of 25 ends

10 TERRAPIN SWIM TEAM 1
2 3
Date: By: 4
President of the Board of Directors 5
6 7
8 CITY OF CONCORD 9
10 11
Date: By: 12
Valerie Barone, City Manager 13
14 15
16 ATTEST: 17
18 19
By: 20
City Clerk 21
22 APPROVED AS TO FORM: 23
24 25
26 City Attorney 27

Page 13 of 25 ends

Exhibit A

CONDITIONS OF USE

CONCORD COMMUNITY POOL
1 In or
der to facilitate use of the Concord Community Pool and ensure a safe and 1 beneficial environment for all concerned, the following conditions of use must be 2 adhered to: 3
A. Two certified coaches must be on deck at all times during TST use of the4 pool or at least one certified coach and one certified supplemental5 responder. Certifications must be in accordance with applicable U.S.6 Swimming, the State of California and the City of Concord requirements.7 TST shall not use Concord Community Pool at any time unless the8 required numbers of coaches/supplemental responders are present.9 B. TST members (including family members) are not to enter the Community10 Pool facility until the coach is present and supervising the program.11 Terrapin members must use the side gate. TST Coaches are required to12 monitor gates at all times while on deck.13
C. Only USA registered swimmers may use the swimming pool.14 D. Consumption of food and drink is limited to the lawn area. Terrapin15 coaches are to check facility to assure participants are in compliance.16 E. Complete cleanup of locker area and pool deck associated with use is17 required. All equipment and supplies must be stored neatly in designated18 areas. City shall provide storage space, but is not responsible for any lost,19 damaged or stolen equipment or items.20
F. TST members and personnel are subject to all pool rules. TST21 coaches/staff is responsible to ensure compliance of pool rules by TST22 swimmers and families.23
G. Foul language and deck changing will not be tolerated.24 H. Voices are to be kept to a minimum in the lobby and shower area.25 I. Terrapin coaches are responsible for securing, locking, and successfully26 setting the alarm to the Community Pool facility at the conclusion of27 practice when there are no city programs being conducted.28 J. TST swimmers are not to be left on their own inside the facility after29 practice. Coaches must remain inside the facility until all participants have30

Page 14 of 25 ends

Exhibit A

CONDITIONS OF USE

CONCORD COMMUNITY POOL

2 exited and remain at the facility until all participants are gone or have been 1 picked up by an authorized person. 2
K. TST are responsible for the cost of any additional maintenance/custodial 3 service required due to damage or excessive cleanup. 4
L. TST is responsible for the replacement cost of backstroke flags, lane lines, 5 starting blocks or other Concord Community Pool owned equipment that 6 becomes damaged (intentional or unintentional) as a result of TST’s use 7 or misuse of the facilities. 8
M. Use of diving boards is prohibited during scheduled practice. 9 N. TST is required to maintain a first aid kit on the premise at all times. 10 O. For all TST coaches/managers, TST is required to provide proof of DOJ 11 background clearance, negative TB test within 2 years, and appropriate 12 training in Penal Code § 11164, et seq. 13
P. No cell phones may be used or stored in the bathrooms or changing 14 areas. 15
Q. During TST practices, participants shall store belongings under the car 16 port/shade structure located behind the diving boards. 17

Page 15 of 25 ends

Exhibit B
1 WAIVER AND RELEASE OF LIABILITY

I. Participant Information
Participant’s Name:

Participant’s Age:

Name of Parent(s) or Legal Guardian(s):

Parent(s)/Legal Guardian’s Address:

Parent(s)/Legal Guardian’s Telephone Number: ( )
Alternative Emergency Telephone Number: ( )
Relationship (if other than parent):

II. Waiver and Release of Liability
I wish to participate in one or more swimming programs conducted/sponsored by the Terrapins Swim Team (hereinafter “Terrapins) at the City of Concord’s Concord Community Pool. I am aware that serious accidents can and occasionally do occur during aquatic activities, and that even though lifeguards and/or swimming instructors and/or coaches are present, participants in swimming activities occasionally suffer serious personal injury and/or death. I understand that included among the dangerous elements of aquatic activities are risks due to weather, water conditions (including temperature and chlorine content), water impurities, waterborne pathogens and diseases, pool deck surfaces, the conduct of others, and unforeseen impacts/collisions with pool structures and/or other swimmers. I also understand that drowning and permanent physical injuries are inherent risks associated with swimming pool use. I am aware that the pool deck, bottom, sides, diving boards, lane markers, and starting blocks cannot be guaranteed to be smooth or free from defects, and that their use could lead to injury or death. I understand that the forgoing list of potential risks is not intended to be exhaustive or all-inclusive, and that other dangers not listed above may be encountered during my use of the Concord Community Pool.

In consideration of my participation in the Terrapins’ use of the Concord Community Pool, I voluntarily and knowingly release and hold harmless the City of Concord, its officers, employees, volunteers, agents, successors in interest, insurers, contractors, suppliers, vendors, assigns, and any persons or entities with which/whom the City is

Page 16 of 25 ends

Exhibit B
2 affiliated (hereinafter collectively referred to as the “City”), from any and all liability, lawsuits, or claims for injuries, death, or property damage resulting from, arising out of, or in any way connected with such participation. This waiver and release shall apply even in the event that such personal injury, death, or property damage is caused or contributed to in whole or part through the negligence of the City (with the exception of sole, active negligence).

This waiver and release shall be binding upon all signatories, their parents, heirs and dependents

I HAVE READ THIS WAIVER AND RELEASE IN ITS ENTIRETY. I FULLY UNDERSTAND IT,

AND RECOGNIZE THAT THIS WAIVER AND RELEASE IS A LEGALLY BINDING DOCUMENT. I UNDERSTAND THAT BY EXECUTING THIS WAIVER AND RELEASE, AM

VOLUNTARILY ASSUMING THE RISKS DESCRIBED HEREIN, AND WAIVING MY LEGAL RIGHTS ASSOCIATED THEREWITH.

Signature of Participant:
[If participant is currently a minor, this waiver must also be signed by Participant’s parent(s)/legal guardian(s).]
Today’s date:

[The following shall only apply to waivers signed by parent(s)/guardian(s) of minor participants]

I/We, the undersigned, hereby certify that we are the parent(s)/legal guardian(s) of the above- named participant, a minor. I/we have read this Waiver and Release of Liability in its entirety, understand its meaning, and agree on behalf of Participant to the terms stated therein. We further give our permission for Participant to utilize the Concord Community Pool for programs conducted/sponsored by the Terrapins Swim Team.

Signature of parent(s)/legal guardian(s) _________________________________________

Today’s date:

Page 17 of 25 ends

Exhibit C-1

Parks & Recreation Event Survey

Please assist us and the City of Concord in gathering statistical information on the economic beneﬁts to the community that result from hosting swim meets at Concord Community Pool. This brief survey will take approximately 2-3 minutes to complete.

1. How many people are in your immediate travel group, including yourself and your swimmer(s)?
1 2 3 4 5 6 7 8 9 10

2. Please rate your overall satisfaction with the facility for this event.

Extremely satisﬁed Very satisﬁed Satisﬁed
Somewhat dissatisﬁed Very dissatisﬁed

3. How did you travel to this event? Check all that apply.

Own Car RV Plane Rental Car Other

4. What City & State did you travel from to get to this event?

5. Where are you staying/did you stay for this event?
Home Hotel/Motel RV Park With friend or relative

Other (please specify)

6. If you are staying anywhere other than your home, how many nights are you spending here in conjunction with this event?
1 2 3 4 5 6 7 8 9 10

7. On average, for you and your immediate travel group, how much do you anticipate spending per day for:
a. F ood and beverages? $
b. G as, entertainment, souvenirs and retail purchases? $

Thank you for taking a few moments to share this valuable information with us.

We hope you enjoy your time in Concord!

Page 18 of 25 ends

Exhibit C-2

ECONOMIC IMPACT REPORT

The purpose of economic impact reporting is to measure the economic return that Concord residents, businesses and the City receive from swim meets and other aquatic events.

Complete PART A of this form and submit to Aquatics Program Coordinator, along with all Parks & Recreation Event Surveys, within 30 days of your event.

PART A – to be completed by event organizer.

Event Date(s):

Event Name:

# of Swimmers
# of Coaches
# of Clubs
# of Officials

PART B – to be completed by Parks & Recreation.

Swimmers
Coaches
Officials
T
otal
Divide by 2.5 (Ave/room)
=
Multiply by (Eve nt Da ys )
=
Mutiply by 135.00$ (Ave Cost/room)
HOTEL REVENUE $

Swimmers
Coaches
Officials
Total
Multiply by (Eve nt Da ys )
=
Mutiply by 45.00$ (Ave Cost/person/day)
FOOD/MISC REVENUE $

BASIC ECONOMIC IMPACT $ .
(Hotel+Food Income)

Figures exclude impact of spectators coming to the event.

Also, figures do not include rental car revenue, as those are likely to have been rented outside of Concord.

Page 19 of 25 ends

LANE USE SCHEDULE
Exhibit D
Season Day # of
days
Start
Time
End
Time Hours LC
Lanes
SC
Lanes
Lane
Hours Weeks Total Lane
Use Hours
WINTER SEASON 12 2,928.00
January/February M - F 5 4:00p 6:00p 2.00 9 90.00 12 1,080.00 *(Weeks 1-5 of calendar year) M - F 5 6:00p 7:30p 1.50 5 37.50 12 450.00 & M - TH 4 4:45p 7:00p 2.25 6 54.00 12 648.00
November/December F 1 5:45p 7:00p 1.25 6 7.50 12 90.00
*(Weeks 46-52 of calendar year) T & TH 2 5:15a 6:45a 1.50 5 6 33.00 12 396.00 SA 1 8:00a 10:00a 2.00 5 6 22.00 12 264.00
HIGH SCHOOL SWIM SEASON 13 3,006.25
February - May M - F 5 4:00p 7:15p 3.25 9 146.25 13 1,901.25 *(Weeks 6 - 18 of calendar year) M - F 5 5:00p 6:00p 1.00 6 30.00 13 390.00 Through NCS CH T & TH 2 5:15a 6:45a 1.50 5 6 33.00 13 429.00 Excludes NCS Championships SA 1 8:00a 10:00a 2.00 5 6 22.00 13 286.00 PRE-SUMMER 4 925.00
May/June M - F 5 4:00p 7:15p 3.25 9 146.25 4 585.00
*(Weeks 19-22 of calendar year) M - F 5 5:00p 6:00p 1.00 6 30.00 4 120.00 Starts Monday after NCS T & TH 2 5:15a 6:45a 1.50 5 6 33.00 4 132.00 S 1 8:00a 10:00a 2.00 5 6 22.00 4 88.00
SUMMER 8 1,916.00
June/July/August M - F 5 5:30a 10:30a 5.00 5 125.00 8 1,000.00 *(Weeks 23-30 of calendar year) M - F 5 4:15p 5:45p 1.50 9 67.50 8 540.00 Excludes City Meet Championships M - F 5 5:45p 7:00p 1.25 4 25.00 8 200.00 S 1 7:00a 9:00a 2.00 5 6 22.00 8 176.00
TST SUMMER BREAK 2 0.00
August 2 week break - No Pool Use.
*(weeks 31-32 of calendar year) -
TST PRE-SEASON / POLO SEASON 3 432.00
August M - TH 4 4:00p 7:00p 3 6 72.00 3 216.00
*(weeks 33-35 of calendar year) M - TH 4 5:00p 7:00p 2 9 72.00 3 216. 00 TST FALL / POLO SEASON 10 2,500.00
August - November M - F 5 4:00p 7:30p 3.5 6 105.00 10 1,050.00 *(Weeks 36-45 of calendar year) M - F 5 5:00p 7:00p 2 9 90.00 10 900.00 Thru NCS Tournament T & TH 2 5:15a 6:45a 1.50 5 6 33.00 10 330.00 S 1 8:00a 10:00a 2.00 5 6 22.00 10 220.00
52 11,707.25
* Weeks in parenthesis are estimated.

HS meet dates (max 6/season): TST may use SC 3:30p-6:30p | Feb-Mar: lanes 1-6; Apr-May: lanes 1-4 (Non-meet HS Team practice starts at 6:30p in SC)
T & TH morning lane use: Starts after Labor Day
Polo Game Days: TST Practice in LC changes to 6:00p-7:15p (Estimate 6 week days) Starts Monday after MDUSD is out for summer to week MDUSD students return to school.

Page 20 of 25 ends

FEE SCHEDULE
Exhibit E
Year 2023 2024 2025 2026 2027
Dates 1/1/23 - 12/31/23 1/1/24 - 12/31/24 1/1/25 - 12/31/25 1/1/26 - 12/31/26 1/1/27 - 12/31/27 Annual Lane Use
Hours 11,707.25 11,707.25 11,707.25 11,707.25 11,707.25 Rate
(per lane, per hour) $4.60 $4.74 $4.88 $5.03 $5.18
Annual Base Fees $53,853 $55,492 $57,131 $58,887 $60,644 Payment #1 Due 1/1/2023 1/1/2024 1/1/2025 1/1/2026 1/1/2027 Amount $4,488 $4,624 $4,761 $4,907 $5,054
Payment #2 Due 2/1/2023 2/1/2024 2/1/2025 2/1/2026 2/1/2027 Amount $4,488 $4,624 $4,761 $4,907 $5,054
Payment #3 Due 3/1/2023 3/1/2024 3/1/2025 3/1/2026 3/1/2027 Amount $4,488 $4,624 $4,761 $4,907 $5,054
Payment #4 Due 4/1/2023 4/1/2024 4/1/2025 4/1/2026 4/1/2027 Amount $4,488 $4,624 $4,761 $4,907 $5,054
Payment #5 Due 5/1/2023 5/1/2024 5/1/2025 5/1/2026 5/1/2027 Amount $4,488 $4,624 $4,761 $4,907 $5,054
Payment #6 Due 6/1/2023 6/1/2024 6/1/2025 6/1/2026 6/1/2027 Amount $4,488 $4,624 $4,761 $4,907 $5,054
Payment #7 Due 7/1/2023 7/1/2024 7/1/2025 7/1/2026 7/1/2027 Amount $4,488 $4,624 $4,761 $4,907 $5,054
Payment #8 Due 8/1/2023 8/1/2024 8/1/2025 8/1/2026 8/1/2027 Amount $4,488 $4,624 $4,761 $4,907 $5,054
Payment #9 Due 9/1/2023 9/1/2024 9/1/2025 9/1/2026 9/1/2027 Amount $4,488 $4,624 $4,761 $4,907 $5,054
Payment #10 Due 10/1/2023 10/1/2024 10/1/2025 10/1/2026 10/1/2027 Amount $4,488 $4,624 $4,761 $4,907 $5,054
Payment #11 Due 11/1/2023 11/1/2024 11/1/2025 11/1/2026 11/1/2027 Amount $4,488 $4,624 $4,761 $4,907 $5,054
Payment #12 Due 12/1/2023 12/1/2024 12/1/2025 12/1/2026 12/1/2027 Amount $4,488 $4,624 $4,761 $4,907 $5,054
Terrapins Swim Team - Contract Fees (2023-2027)
Payment schedule
Additional use hours are subject to availability and will be billed at current Lane Use Per Hour rate + 10%.

Swim Meets will be billed as additional use according to CITY approved Master Fees and Charges.

Page 21 of 25 ends

Exhibit F

INSURANCE REQUIREMENTS

1 TST shall procure and maintain for the duration of the contract insurance against claims 1 from injuries to persons or damages to property which may arise from or in connection with 2 the performance of the work hereunder and the results of that work by TST, their agents, 3 representatives, employees or subcontractors. 4
MINIMUM SCOPE OF INSURANCE. 5
Coverage shall be at least as broad as: 6

1. General Liability Policy: TST shall maintain during the term of this Agreement a 7 general liability insurance policy providing coverage of at least $5 million per 8 occurrence/aggregate, naming CITY as additional insured. The coverage shall contain 9 no special limitations on the scope or protection afforded to CITY, its officers, officials, 10 agents, employees, or volunteers. TST’s insurance coverage shall be primary 11 insurance with respect to CITY, its officers, officials, agents, employees, and 12 volunteers. Any insurance, risk pooling arrangement, or self-insurance maintained by 13 CITY, its officers, officials, agents, employees, or volunteers shall be in excess of 14 TST’s insurance and shall not contribute with it. 15

2. Workers Compensation: TST covenants that it will insure itself against liability for 16 Workers' Compensation pursuant to the provisions of California Labor Code §3700, et 17 seq. TST shall, at all times, upon demand of the CITY, furnish proof that Workers' 18 Compensation Insurance is being maintained by it in force and effect in accordance 19 with the California Labor Code. The insurer shall also agree to waive all rights of 20 subrogation against the CITY, its officers, officials, agents, employees and volunteers 21 for losses arising from work performed under this Agreement. This provision shall not 22 apply upon written verification by TST that TST has no employees. 23 If TST maintains broader coverage and/or higher limits than the minimums shown 24 above, the CITY requires and shall be entitled to the broader coverage and/or higher limits 25 maintained by TST. A lapse in any required insurance coverage during this Agreement shall 26 be a breach of this Agreement. 27
The policies are to contain, or be endorsed to contain the following provisions: 28

1. Additional Insured. CITY, its officers, officials, agents, employees, and volunteers are 29 to be covered as an additional insured as respects: Liability arising out of activities 30 performed by or on behalf of TST and operations of TST, premises owned, occupied, 31

Page 22 of 25 ends

Exhibit F

INSURANCE REQUIREMENTS

2 or used by TST. The coverage shall contain no special limitations on the scope or 1 protection afforded to CITY, its officers, officials, agents, employees, or volunteers. 2

2. Except for worker's compensation and professional liability insurance, the policies 3 mentioned in this subsection shall name CITY as an additional insured and provide for 4 notice of cancellation to CITY. TST shall also provide timely and prompt notice to 5 CITY if TST receives any notice of cancellation or nonrenewal from its insurer. 6

3. Primary Coverage. TST'S insurance coverage shall be primary insurance with respect 7 to CITY, its officers, officials, agents, employees, and volunteers. Any insurance, risk 8 pooling arrangement, or self-insurance maintained by CITY, its officers, officials, 9 agents, employees, or volunteers shall be in excess of TST'S insurance and shall not 10 contribute with it. 11

4. Reporting Provisions. Any failure to comply with the reporting provisions of the policy 12 shall not affect the coverage provided to the CITY, its officers, officials, agents, 13 employees, or volunteers. 14

5. Verification of Coverage. TST shall furnish CITY with certificates of insurance and the 15 original endorsements effecting coverage required by this Agreement. The certificates 16 and endorsements for each insurance policy are to be signed by a person authorized 17 by that insurer to bind coverage on its behalf. The aforementioned policies shall be 18 issued by an insurance carrier having a rating of Best A-7 or better which is 19 satisfactory to the City Attorney and shall be delivered to CITY at the time of the 20 execution of this Agreement or before work commences. Such policies and 21 certificates shall be in a form approved by the City Attorney. CITY reserves the right to 22 require complete certified copies of all required insurance policies at any time. 23

6. Inclusion in Subcontracts. To the extent any of the services required of TST under this 24 Agreement are subcontracted to a third party. TST shall include all of the provisions of 25 this Paragraph in all such subcontracts as obligations of the subcontractor. 26

Page 23 of 25 ends

From: Barone, Valerie <[email protected]> Sent: Tuesday, December 6, 2022 1:02 PM
To: Fockler, Joelle <[email protected]>; McAuley, Wendy <[email protected]>; Ezell, Justin <[email protected]> Subject: FW: Question about item 4g

This e-mail is being shared with all Councilmembers and being benched for tonight’s Council meeting

Carlyn, see the information below.

Valerie

Valerie Barone, City Manager (She/Her)
City of Concord | Website: www.cityofconcord.org
 (925) 671-3150 | [email protected]
1950 Parkside Drive, MS/01, Concord, CA 94519

From: Voorhies, Steve <[email protected]> Sent: Tuesday, December 6, 2022 11:24 AM
To: Barone, Valerie <[email protected]>
Cc: McAuley, Wendy <[email protected]>; Ezell, Justin <[email protected]>
Subject: RE: Question about item 4g

Thanks for bringing up the question. Because Olympic size swimming pool facilities are not common and each venue is different, an apples-to-apples comparison is challenging. We know the proposed Terrapin Swim Team rate for 2023 ($4.60 per lane/hour) at Concord Community Pool is slightly higher than what Walnut Creek is charging ($4.46 per lane/hour) at the Heather Farm pool after they implement a planned fee increase next fiscal year. Hopefully that information is helpful. The pool at Heather Farm is an older pool.

Valerie

Steve Voorhies
Director of Parks & Recreation
Phone: (925) 671-3202
[email protected]

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

Page 24 of 25 ends

From: Obringer, Carlyn <[email protected]> Sent: Monday, December 5, 2022 11:36 AM
To: Barone, Valerie <[email protected]>
Subject: Question about item 4g

How do these proposed rates compare with other community pools? For example, does Heather Farms charge the same or more to the community swim team that utilizes their pool?

Many thanks,
Carlyn

Carlyn Obringer
Councilmember, District 2
City of Concord

Get Outlook for iOS

Page 25 of 25 ends

Staff Report
Date: December 6, 2022
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kevin Marstall, PE, Director of Community Development Carlton Thompson, PE, City Engineer
Prepared by: Bruce Davis, PE, Senior Civil Engineer
[email protected]
(925) 671-3470
Subject: Considering (1) adoption of a Resolution approving the Summary Vacation of excess right of way abutting the East side of 2400 Willow Pass Road (APN 126-082-008) pursuant to Section 8334 of the Streets and Highways Code; (2) adoption of a Resolution declaring approximately 54 square feet of City property abutting the northwest edge of that excess right of way to be exempt surplus land; and (3) authorizing the City Manager to execute a quitclaim deed prepared by the City Attorney transferring that approximately 54 square feet of excess surplus land to 2400 Willow Pass, L.P., a California limited partnership, upon (a) its acquisition of 2400 Willow Pass Road (APN 126-082-008), (b) execution of an offer of dedication to the City of right of way at the corner of Willow Pass Road and Port Chicago Highway, and (c) payment to the City of the fair market price of $8,262, to facilitate the development of the Argent affordable housing project.

CEQA: Exempt from further environmental review pursuant to CEQA Guidelines Sections 15183.

Report in Brief
On December 15, 2016, the Planning Commission adopted Resolution 16-33PC approving a Use Permit, Minor Use Permit and Design and Site Review permit for the Argent project at 2400 Willow Pass Road put forward by Argent Concord, LLC. See

4.h4.h4.h4.h4.h4.h4.h4.h

Page 1 of 30 ends

City Council Agenda Report
Agenda Item No. 4.h
December 6, 2022
Attachment 1, Vicinity Map Depicting the Recommended Action. On June 17, 2017, the Planning Commission adopted Resolution 17-14PC approving an amendment to increase the number of affordable units in exchange for a reduction in parking ratio per bedroom in accordance with the State Density Bonus Law. On July 3, 2019, this amended project approval was extended by the Planning Commission by the adoption of Resolution 19-11PC (the “Resolution”). The Resolution included a condition of approval requiring the relinquishment of excess right of way along the property’s Port Chicago Highway frontage because the Project called for construction within the excess right of way area. The excess right of way is approximately 10 feet wide. The excess right of way meets the requirements to be summarily vacated pursuant to Section 8334 of the Streets and Highways Code, contains no existing utilities, and has not been used by the City for street or highway purposes.

On September 6, 2022, the developer applied for their building permit, and permit approvals are anticipated in early December, 2022. The building envelope of the approved project provides for construction of a portion of the building envelope within excess right of way along Port Chicago Highway. The approved building envelope also extends onto an approximately 54 square foot portion of right of way along Willow Pass Road that was transferred to the City by a Grant Deed between Willow Pass Road and 2400 Willow Pass Road. To facilitate the construction of the Argent affordable housing project consistent with the approved project plans, the excess right of must be vacated and the developer must acquire an approximately 54 square foot portion of the City’s property along Willow Pass Road that abuts the excess right of way.

Later this month it is anticipated 2400 Willow Pass, LP, a California limited partnership will be acquiring fee ownership of 2400 Willow Pass Road, Concord, California (APN 126-082-008) in order to facilitate the Argent development by 2400 Willow Pass, LLC, a California limited liability company owned by Meta Development, LLC, a California limited liability company (collectively “Developer”). In order to finalize their financing, acquire the property, and initiate construction of the Project consistent with the Planning Commission Resolution 19-11PC, the Developer needs the City to take the recommended actions below. The Developer will also offer for dedication a sliver of right of way at the corner of Willow Pass Road and Port Chicago Highway to ensure the City controls appropriate right of way along Willow Pass Road.

Recommended Actions
(1) Adopt a resolution (Attachment 2) approving the Summary Vacation of excess right of way abutting the East side of 2400 Willow Pass Road (APN 126-082-008) pursuant to Section 8334 of the Streets and Highways Code; (2) adopt a resolution (Attachment 5) declaring approximately 54 square feet of City property abutting the northwest edge of that excess right of way to be exempt surplus land; and (3) authorize the City Manager to execute a quitclaim deed prepared by the City Attorney transferring that approximately 54 square feet of excess surplus land to 2400 Willow Pass, L.P., a California limited partnership, upon (a) its acquisition of 2400 Willow Pass Road (APN

Page 2 of 30 ends

City Council Agenda Report
Agenda Item No. 4.h
December 6, 2022
126-082-008), (b) execution of an offer of dedication to the City of right of way at the corner of Willow Pass Road and Port Chicago Highway, and (c) payment to the City of the fair market price of $8,262, to facilitate the development of the Argent affordable housing project.

Background
On May 17, 1979, an offer of dedication was made to the City of Concord by Safeway Stores, Inc. for approximately 10 feet of right of way along, what is now, Port Chicago Highway. Offer of Dedication No. 1302 was executed and accepted by the City for recording purposes only. The recorded document is included as Attachment 3 of this staff report.

On August 25, 1988, the City subsequently executed the Acceptance of Offer of Dedication No. 1302, which is included as Attachment 4 of this staff report.

On August 30, 1988, a Grant Deed was recorded at Book 14549, Page 697, of the Contra Costa County Official Records transferring a strip of property to the City along Willow Pass Road, which is included as Attachment 6 of this staff report.

On December 15, 2016, the City of Concord Planning Commission adopted Resolution 16-33PC approving a Use Permit, Minor Use Permit and Design and Site Review permit for Developer to construct a 181 unit multifamily affordable housing project. The planning commission subsequently adopted Resolution 17-14PC on June 17, 2017, amending the previous approval, and Resolution 19-11PC on July 3, 2019, granting a 2- year extension.

Resolution 19-11PC included a requirement within the conditions of approval to secure the relinquishment of excess right of way. In preparing that relinquishment it was determined this was made up of that excess right of way included within Offer of Dedication No. 1302 and an approximately 54 square foot portion of property transferred to the City via Grant Deed along Willow Pass Road that abuts northwest edge of the Excess Right of Way. See Attachment 1 - Vicinity Map Depicting Recommended Actions. Attachment 7 consists of a draft Plat and Legal Description of the 54 square foot portion of property to be transferred, subject to approval by the City Surveyor.

Analysis
City of Concord Administrative Directive No. 93 provides a process for individuals to submit an application to vacate or abandon City streets, alleys, public services easements (utilities) and other non-fee interests which the City may have in real property. Staff has reviewed the request for summary vacation of the excess right of way, including approximately 54 square feet transferred to the City by a grand deed, and determined that the summary vacation of the excess right of way along Port

Page 3 of 30 ends

City Council Agenda Report
Agenda Item No. 4.h
December 6, 2022
Chicago Highway and separate sale of 54 square feet of property via a quitclaim would be consistent with the City’s 2030 Urban Area General Plan.

Pursuant to Section 8334 of the Streets and Highways Code, the excess right of way meets the requirements to be summarily vacated, as it is excess right-of-way of a street or highway not required for street or highway purposes. Additionally there are no public utility facilities that are in use that would be affected by the vacation within the excess right of way.

Government Code Section 65402 requires that the Planning Agency make a finding of consistency with the General Plan in any instance in which a public street is vacated. By adopting Resolution 19-11PC, the Planning Commission found the development, including the vacation of excess right of way, to be consistent with the Concord 2030 General Plan, and thereby satisfied that requirement of the Government Code.

Financial Impact
The City will recover its costs from the Developer as well $8,262 as the fair market value of the sale price of the approximately 54 square feet of exempt surplus land.

Environmental Determination
The summary vacation of the excess right of way and sale of 54 square feet of excess surplus property is exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines Section 15183, as there are no project-specific significant effects which are peculiar to the project or its site.

Public Contact
The City Council Agenda was posted.

Attachments

1. Vicinity Map Depicting Recommended Actions

2. Resolution Approving the Summary Vacation of Excess Right of Way with:

Exhibit A, Offer of Dedication No. 1302
Exhibit B, Acceptance of Dedication No. 1302

3. Resolution Declaring 54 Square Feet of City Property Located Between Willow Pass Road and 2400 Willow Pass Road, Concord CA (APN 126-082-008) Acquired by the City by Grant Deed Recorded Book 14549, Page 697, of the Contra Costa County Official Records, as Exempt Surplus Land, with:

Exhibit A, Grant Deed

4. Legal Description and Plat Map describing the 54 Square Feet of City Property to be transferred

Page 4 of 30 ends

VICINITY MAP
2400 Willow Pass Rd
APN 126‐082‐008
Attachment 1
SITE
VACATION AREA
FROM CITY
DEDICATION AREA
TO CITY
GRANT DEED AREA
FROM CITY

Page 5 of 30 ends

Res. No. 22-XX

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Approving the Summary
Vacation of Excess Right of Way
Abutting 2400 Willow Pass Road (APN
126-082-008)
Resolution No. 22-XX
_ /
WHEREAS, Offer of Dedication No. 1302 to the City of Concord (“City”) from the Safeway Stores, Inc., a Maryland Corporation, described therein as the longterm lessee of record offered property abutting Port Chicago Highway for street and highway purposes (i.e. right of way); and
WHEREAS, Offer of Dedication No. 1302 was executed and accepted by the City for recording purposes only on May 17, 1979, and recorded on June 22, 1979 in Book 9411 of Official Records at Page 834, attached hereto and incorporated by reference herein as Exhibit A; and
WHEREAS, the City subsequently accepted Offer of Dedication No. 1302 through the Acceptance of Dedication No. 1302 executed on August 25, 1988 and recorded on August 30, 1988 in Book 14549 of Official Records at Page 709, attached hereto and incorporated by reference herein as Exhibit B; and
WHEREAS, the additional right of way granted by Dedication No. 1302 (“Excess Right of Way”) has never been utilized for street and highway purposes or any other public services; and
WHEREAS, 2400 Willow Pass, LP, a California limited partnership is acquiring fee ownership of that certain real property located at 2400 Willow Pass Road, Concord, California (APN 126-082-008) (“Property”) in order to facilitate construction of the Argent development by 2400 Willow Pass, LLC, a California limited liability company owned by Meta Development, LLC, a California limited liability company (collectively “Developer”); and Attachment 2

Page 6 of 30 ends

Res. No. 22-XX
WHEREAS, Developer desires, at Developer’s sole cost and expense, to develop a 181 unit multifamily affordable housing project intended for workforce housing for households earning between thirty percent (30%) and seventy percent (70%) of the Contra Costa County Area Median Income on the Property; and
WHEREAS, on December 15, 2016, the City of Concord Planning Commission adopted Resolution 16-33PC approving a Use Permit, Minor Use Permit and Design and Site Review permit for the Argent project; and
WHEREAS, on June 17, 2017, the Planning Commission adopted Resolution 17-14PC approving an amendment to increase the number of affordable units in exchange for a reduction in parking ratio per bedroom in accordance with the State Density Bonus Law (Government Code Section 65915); and
WHEREAS, on July 3, 2019, the Planning Commission adopted Resolution 19-11PC, which approved a two year extension of Argent Use Permit Amendment, Minor Use Permit, and Design and Site Review, (PL19081- UPA, MP, DR) to July 14, 2021; and WHEREAS, as a result of the Covid-19 pandemic, the legislature passed AB 1561, which extended the validity of qualifying housing entitlements for an additional period of eighteen (18) months; and
WHEREAS, the Conditions of Approval adopted by Resolution 19-11PC included a requirement to secure the relinquishment of the Excess Right of Way since a portion of the Project’s building envelope was going to be built within that area; and WHEREAS, Resolution 19-11PC also found the development, including the vacation of the Excess Right of Way to be consistent with the Concord 2030 General Plan in accordance with Government Code Section 65402; and
WHEREAS, the Excess Right of Way, to the extent it has any ongoing effect after the termination of Lessee’s lease, meets the requirements to be summarily vacated pursuant to Section 8334 of the Streets and Highways Code as it is excess right-of-way of a street or highway not required for street or highway purposes, and

Page 7 of 30 ends

Res. No. 22-XX
WHEREAS, there are no public utility facilities that are in use that would be affected by the vacation of the Excess Right of Way; and

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

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

The recitals constitute findings in this matter and serve as an adequate and appropriate evidentiary basis for the findings and actions set forth in this resolution.

Section 2. CEQA: Pursuant to the provisions of the California Environmental Quality Act of 1970 (CEQA), as amended, and consistent with the CEQA findings made by the Planning Commission in Resolution 17-14, incorporated by reference herein, the project is consistent with the community plan, general plan or zoning of the City for which environmental review was previously certified and that there are no project-specific significant effects which are peculiar to the project or its site; accordingly no further environmental review under CEQA Guidelines Section 15183 is required.

Section 3. Finds the Excess Right of Way offered and depicted in Exhibit A and accepted by Exhibit B are hereby determined to be in excess of the City’s needs for right of way or other purposes, there are no other public facilities located within the easements area, and hereby vacates that Excess Right of Way offered and depicted in Exhibit A and previously accepted via Exhibit B. No interest or right of way beyond that strip offered and depicted in Exhibit A and previously accepted via Exhibit B is summarily vacated by this resolution.

Section 4. The City Clerk shall cause a certified copy of this resolution, attested to under her seal, to be recorded in the office of the Contra Costa County Recorder.

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

Page 8 of 30 ends

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

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

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney
Attachments: Exhibit A – Offer of Dedication No. 1302
Exhibit B – Acceptance of Dedication No. 1302

Page 9 of 30 ends

Exhibit A to
Attachment 2

Page 10 of 30 ends

Page 11 of 30 ends

Page 12 of 30 ends

Page 13 of 30 ends

Page 14 of 30 ends

CONTRA COSTA, CA Document:NT 1988.150477 Page:1 of 6
Printed on:10/5/2022 3:18 PM
Branch :ORC User :OR05
Exhibit B to
Attachment 2

Page 15 of 30 ends

CONTRA COSTA, CA Document:NT 1988.150477 Page:2 of 6
Printed on:10/5/2022 3:18 PM
Branch :ORC User :OR05

Page 16 of 30 ends

CONTRA COSTA, CA Document:NT 1988.150477 Page:3 of 6
Printed on:10/5/2022 3:18 PM
Branch :ORC User :OR05

Page 17 of 30 ends

CONTRA COSTA, CA Document:NT 1988.150477 Page:4 of 6
Printed on:10/5/2022 3:18 PM
Branch :ORC User :OR05

Page 18 of 30 ends

CONTRA COSTA, CA Document:NT 1988.150477 Page:5 of 6
Printed on:10/5/2022 3:18 PM
Branch :ORC User :OR05

Page 19 of 30 ends

CONTRA COSTA, CA Document:NT 1988.150477 Page:6 of 6
Printed on:10/5/2022 3:18 PM
Branch :ORC User :OR05

Page 20 of 30 ends

Res. No. 22-XX

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
Resolution Declaring Approximately 54
Square Feet of City Property Located
Between Willow Pass Road and 2400
Willow Pass Road, Concord CA (APN 126-
082-008)) Acquired by the City as Part of
that Grant Deed Recorded at Book 14549,

Page 697 ends

Official Records, as Exempt Surplus Land
Resolution No. 22-XX
/
WHEREAS, 2400 Willow Pass, LP, a California limited partnership is acquiring fee ownership of that certain real property located at 2400 Willow Pass Road, Concord, California (APN 126-082-008) (“Property”) in order to facilitate construction of the Argent development by 2400 Willow Pass, LLC, a California limited liability company owned by Meta Development, LLC, a California limited liability company (collectively “Developer”); and WHEREAS, Developer desires to, at Developer’s sole cost and expense, to develop a 181 unit multifamily affordable housing project intended for workforce housing for households earning between thirty percent (30%) and seventy percent (70%) of the Contra Costa County Area Median Income on the Property; and
WHEREAS, on December 15, 2016, the City of Concord Planning Commission adopted Resolution 16-33PC approving a Use Permit, Minor Use Permit and Design and Site Review permit for the Argent project; and
WHEREAS, on June 17, 2017, the Planning Commission adopted Resolution 17-14PC approving an amendment to increase the number of affordable units in exchange for a reduction in parking ratio per bedroom in accordance with the State Density Bonus Law (Government Code Section 65915); and
WHEREAS, on July 3, 2019, the Planning Commission adopted Resolution 19-11PC, which approved a two year extension of Argent Use Permit Amendment, Minor Use Permit, and Attachment 3

Page 21 of 30 ends

Res. No. 22-XX
Design and Site Review, (PL19081- UPA, MP, DR) to July 14, 2021; and WHEREAS, as a result of the Covid-19 pandemic, the legislature passed AB 1561, which extended the validity of qualifying housing entitlements for an additional period of eighteen (18) months; and
WHEREAS, the Conditions of Approval adopted by Resolution 19-11PC included a requirement to secure the relinquishment of excess right of way; and WHEREAS, Resolution 19-11PC found the development, including the vacation of the excess right of way to be consistent with the Concord 2030 General Plan in accordance with Government Code section 65402; and
WHEREAS, it has been determined that the “excess right of way” anticipated by Resolution 19-11PC for the Argent building envelope includes not only excess right of way along Port Chicago Highway vacated by the City Council through a separate resolution on December 6, 2022, but also a 54 square foot portion of a property owned in fee by the City that was acquired as part of that Grant Deed recorded at Book 14549, Page 697, of the Contra Costa County Official Records attached hereto as Exhibit A; and WHEREAS, the Surplus Lands Act (Government Code Sections 54220-54232) governs disposition, whether via sale or lease, of property owned in fee simple by local agencies such as the City, regardless of the general plan designation of such property, provides that before disposition land be declared either “surplus land” or “exempt surplus land” as supported by written findings, and sets forth a process for such dispositions; and WHEREAS, under the Surplus Lands Act, land is considered “exempt surplus land” if a local agency makes such a declaration supported by written findings; and WHERAS, pursuant to California Government Code section 66426.5, the sale of right of way held in fee by a public entity is exempt from the Subdivision Map Act; and WHEREAS, pursuant to Government Code section 54221(f)(1)(B) as well as other provisions of the Surplus Land Act, the identified 54 square feet more specifically described and visually depicted in Exhibit B attached hereto and incorporated by reference herein (the

Page 22 of 30 ends

Res. No. 22-XX
“Property”) is appropriately deemed “exempt surplus land” as it is less than 5,000 square feet and being sold to the owner of contiguous land; and
WHEREAS, pursuant to both Government Code section 37350 and Streets and Highways Code section 8335(a), the City is independently authorized to sell the Property upon the terms and conditions approved by the City Council; and WHEREAS, the City Council, after giving all public notices required by State Law and the Concord Municipal Code, held a duly noticed public meeting on December 6, 2022 on this resolution to find the Property to be excess surplus land; and WHEREAS, the City Council has declared their intent to pass and adopt this resolution.

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

Section 1. The recitals above are true and correct and incorporated herein by reference. The recitals constitute findings in this matter and serve as an adequate and appropriate evidentiary basis for the findings and actions set forth in this Resolution.

Section 2. CEQA: Pursuant to the provisions of the California Environmental Quality Act of 1970 (CEQA), as amended, and consistent with the CEQA findings made by the Planning Commission in Resolution 17-14PC, incorporated by reference herein, the project, including the adjustments to the right of way to facilitate the development, is consistent with the community plan, general plan or zoning of the City for which environmental review was previously certified and that there are no project-specific significant effects which are peculiar to the project or its site; accordingly no further environmental review under CEQA Guidelines Section 15183 is required.

Section 3. The Property is hereby deemed “exempt surplus land” under Government Code Section 54221(f)(1)(B), exempt surplus land includes surplus land under 5,000 square feet to be sold to the owner of a contiguous parcel.

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

Page 23 of 30 ends

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

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney
Attachments: Exhibit A – Grant Deed Recorded at Book 14549, Page 697, of the Contra Costa County Official Records
Exhibit B – Legal Description and Plat Map of the 54 Square Feet being Deemed Exempt Surplus Land

Page 24 of 30 ends

Exhibit A to
Attachment 3

Page 25 of 30 ends

Page 26 of 30 ends

Page 27 of 30 ends

Page 28 of 30 ends

dϭK&Ϯ

y,//d

^/WZ
>/^>Kd

/Ed,
/dzK&KEKZ͕KhEdzK&KEdZK^d͕^dd
K&>/&KZE/

/E'WKZd/KEK&d,d
Zd/EWZ
>K&>EKEs
z
dKd,
/dzK&KEKZ͕^
Z
KZ
/EKK<ϭϰϱϰϵ͕dW'
ϲϵϳK͘Z͘KEh'h^dϯϬ͕ϭϵϴϴ͕/Ed,
K&&/
K&d,
KEdZ
K^dKhEdzZ
KZ
Z͘
sd/E'>>K&d,
&K>>Kt/E'
^Z/
WKZd/KEK&^/WZ
>
KDD
E^/E'dWK/EdKEd,
EKZd,
^d
Z>zZ/',dK&tzK&
^d^dZ

d͕^/WK/Ed
/E'
ϭϭ͘Ϭϳ&

d^Khd,
Z>zK&d,
/Ed
Z^
d/KEK&d,
^Khd,
^d
Z>zZ/',dK&tz>/E
K&t/>>Kt
W^^ZKEd,
EKZd,
^d
Z>zZ/',dK&tz>/E
K&
^d^dZ

d͘d,
E
>
s/E'^/
EKZd,
^d
Z>zZ/',dK&tz>/E
EKZd,ϲϭΣϮϯ͛ϯϴ͟
^d/^dE
K&ϵϵ͘ϯϲ&

ddKd,

'/EE/E'K&dE'
EdhZs
͕KEs
^Khd,t
^d
Z>z͕,s/E'Z/h^K&ϵϵϬ͘ϬϬ&

d͕
E
EdZ>E'>
K&ϲΣ¶´d,
E
>KE'^/hZs
EZ>
E'd,K&ϭϭϴ͘ϴϵ&

ddK
WK/EdK&KDWKhEhZsdhZ
Ed,
dZh
WK/EdK&
'/EE/E'͕d,
E
^Khd,
^d
Z>z
>KE'dE'
EdhZs
t/d,Z/h^K&ϮϬ͘ϬϬ&

d͕E
EdZ>E'>
K&ϵϮΣϮϴ͛ϮϮ͟
/^dE
K&ϯϮ͘Ϯϴ&

ddKWK/EdKEd,
t
^d
Z>zZ/',dK&tz>/E
K&WKZd,/'K
,/',tz͕^
^d>/^,
zϵϰϭϭKZϴϯϰ͕d,
E
>KE'd,
t
^d
Z>zZ/',dK&tzEKZd,ϭϳΣ
ϰϬ͛ϭϰ͟t
^d/^dE
K&ϰ͘ϰϯ&

ddKd,

'/EE/E'K&dE'
EdhZs
͕KEs

^Khd,t
^d
Z>z͕t/d,Z/h^K&ϮϬ͘ϬϬ&

dE
EdZ>E'>
K&ϱϯΣϯϳ͛ϭϮ͕͟d,
E

>KE'^/hZs
EZ/^dE
K&ϭϴ͘ϳϮ&

d͕d,
E
^Khd,ϲϵΣϱϭ͛ϮϮ͟t
^d/^dE
K&
ϭϮ͘ϳϰǭ&

ddKd,
dZh
WK/EdK&
'/EE/E'͘

KEd/E/E'ϱϰ^YhZ
&

d͕DKZ
KZ>
^^

ƌŝĐ'ŝůďĞƌƚƐĞŶW>^ηϳϱϰϱĚĂƚĞ

Attachment 4

Page 29 of 30 ends

N61°23'38"E 99.36'
N29°47'04"W 11.07'
N60°07'22"E 100.39'
N71°57'22"E 121.16'
R=990.00'
Δ=6°52'50"
L=118.89'
N60°07'22"E
40'
40'
AREA ACCEPTED FOR DEDICATIONPER 14549-OR-697
N71°57'22"E
R=20.00'
Δ=92°28'22"
L=32.28'
R=20.00'
Δ=53°37'12"
L=18.72'
N17°40'14"W

4.43'
40'
10'
30'
S69°51'22"W12.74'
40'

TRUE POINT

OF BEGINNING

POINT OF

COMMENSMENT

DETAIL A
N17°40'14"W

4.43'
R=20.00'
Δ=53°37'12"
L=18.72'
R=20.00'
Δ=92°28'22"
L=32.28'
S69°51'22"W 12.74'

TRUE POINT OF

BEGNINING
2250 Douglas Blvd., Suite 200
Roseville, CA 95661
O: 916.772.7688
F: 916.772.7699
www.kpff.com
EXHIBIT "B"
SHEET: 2 OF 2
PROJECT NO: 2200-097
CHECKED BY: ESG
DRAWN BY: EGL
TOWNSHIP 2 NORTH/ RANGE 2 WEST/ MOUNT DIABLO MERIDIAN

CITY OF CONCORD / CONTRA COSTA COUNTY / CALIFORNIA
DATE: 11/22/2022

EXHIBIT B

SAID PARCEL IS LOCATED

IN THE CITY OF CONCORD, CONTRA COSTA COUNTY, STATE OF CALIFORNIA _____________________________________ ________________ ERIC S. GILBERTSEN, PLS NO. 7545 DATE

WILLOW PASS ROAD

PORT CHICAGO HWYEAST STREET

DETAIL A
SCALE 1"=10'
AREA= 54 SQ FT

MORE OR LESS

Page 30 of 30 ends

Staff Report
Date: December 6, 2022
To: City Council
From: Valerie J. Barone, City Manager
Prepared by: Joelle Fockler, MMC, City Clerk
[email protected]
(925) 671-3390
Subject: Considering adoption of a Resolution declaring the ability of the City Council, Local Reuse Authority, Concord/Pleasant Hill Health Care District, standing City Council Subcommittees, and all City boards, commissions (including the Planning Commission), and committees to continue to meet remotely, pursuant to AB 361. Recommended by the City Clerk.

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

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

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

4.i4.i

Page 1 of 9 ends

City Council Agenda Report
Agenda Item No. 4.i
December 6, 2022
Background
On March 4, 2020, the Governor of the State of California (“Governor”) issued a Proclamation of a State of Emergency due to COVID-19. Such proclamation remains in effect, as are the facts, circumstances, and emergency under which it was issued.

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

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

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

In March 2020, staff transitioned meetings to TEAMS and then Zoom for all City meetings. Zoom meetings have allowed the City Council, City Council Committees, and the City’s boards, commissions, and committees to continue to conduct City business from the safety of their homes. The usage of Zoom for public meetings for the last 31 months has allowed the City to ensure the public’s continued access to meetings while also ensuring the public’s safety.

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

Page 2 of 9 ends

City Council Agenda Report
Agenda Item No. 4.i
December 6, 2022
The California state legislature adopted AB 361 as an urgency measure. AB 361 was signed by the Governor on September 16, 2021, and became effective immediately. AB 361 amends the Brown Act to allow local legislative bodies to continue meeting remotely using teleconferencing and virtual meeting technology as long as there is (1) a “state of emergency” pursuant to Government Code Section 54953(e)(4), and (2) the local legislative body making certain findings including that state or local officials have imposed or recommended measures to promote social distancing or that meeting in person would present imminent risks to the health or safety of Attendees.

Since September 28, 2021, the City Council sitting as the City Council, Local Reuse Authority and Concord/Pleasant Hill Health Care District has regularly adopted resolutions consistent with the findings required by AB 361 to enable teleconference meetings. The City Council sitting as the City Council, Local Reuse Authority, and Concord/Pleasant Hill Health Care District must adopt a Resolution at tonight’s meeting to allow public meetings by teleconference for the next 30 days, through January 5, 2023.

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

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

The City Council must make findings regarding the circumstances of the emergency and vote to continue using the law’s exemptions every 30 days. Given the Governor’s State of Emergency remains in place and the Contra Costa County Health Officer continues to recommend social distancing, the City Council can make the necessary findings to adopt a Resolution to continue using AB 361’s exemption.

Environmental Determination
This action does not constitute a “project” within the meaning of Public Resources Code Section 21065, 14 Cal Code Reg. Section 15060(c)(2), 15060(c)(3), and/or 15378

Page 3 of 9 ends

City Council Agenda Report
Agenda Item No. 4.i
December 6, 2022
because it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.

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

No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. This determination reflects the City’s independent judgment and analysis.

Financial Impact
There is no financial impact.

Public Contact
The City Council Agenda was posted.

Attachment

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

Page 4 of 9 ends

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

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

AS THE LOCAL REUSE AUTHORITY, CITY COUNCIL SITTING AS THE

CONCORD/PLEASANT HILL HEALTH CARE DISTRICT

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Declaring the Ability of the City
Council, Local Reuse Authority, Concord/Pleasant
Hill Health Care District, Standing City Council
Subcommittees, and all City Boards, Commissions,
and Committees to Continue to Meet Remotely
Pursuant to AB 361
City Council Resolution No. 22-XX
Local Reuse Authority Resolution No. 22-XX
Concord/Pleasant Hill Health Care District Resolution No. 22-XX /
WHEREAS, on March 4, 2020, the Governor of the State of California (“Governor”) issued a Proclamation of a State of Emergency due to COVID-19. Such proclamation remains and is in effect as of the date of this Resolution, as are the facts, circumstances, and emergency under which it was issued; and
WHEREAS, on March 19, 2020, pursuant to Resolution No. 20-12, the City Council of the City of Concord (“City Council”) ratified the City of Concord Director of Emergency Services Proclamation of Local Emergency dated March 13, 2020; and WHEREAS, on March 17, 2020, the Governor issued Executive Order N-29-20 allowing local legislative bodies to hold remote meetings via teleconference and to make such meetings accessible electronically without violating the open meeting laws found in the Ralph M. Brown Act Ralph M. Brown Act (California Government Code Sections 54950 et seq., “Brown Act”); and WHEREAS, on June 11, 2021, the Governor issued Executive Order N-08-21, which placed an end date of September 30, 2021, on such authority; and WHEREAS, since the issuance of Executive Order N-08-21, Delta and Omicron variants emerged, causing spikes in COVID-19 cases throughout the state; and WHEREAS, pursuant to Executive Orders N-29-20 and N-08-21, the legislative bodies of the local agency City of Concord (“City”) including its City Council, standing Council subcommittees, Local Reuse Authority, Concord/Pleasant Hill Health Care District, and all City boards, commissions Attachment 1

Page 5 of 9 ends

Res No. 22-XX
LRA Res. No. 22-XX
CPHHCD Res. No. 22-XX 2
(including the Planning Commission), and committees (collectively, “City Bodies”), have been holding remote meetings using teleconferencing and virtual meeting technology in an effort to help protect the public, members of City Bodies, and City staff attending such meetings (“Attendees”) from COVID-19; and
WHEREAS, due the rise in COVID-19 cases, including numerous variants, the City continues to be deeply concerned about protecting the health and safety of Attendees, particularly given that even fully vaccinated people have contracted the most recent variants, people may have and transmit the virus before knowing they are infected and/or if they are asymptomatic; City staff and/or officials have experienced COVID-19 outbreaks and/or exposures; meetings of City Bodies often last several hours, and City meeting facilities are limited in space with seats are close together, and City facilities have restricted air flow; and
WHEREAS, the California state legislature adopted AB 361 as an urgency measure that was signed by the Governor on September 16, 2021, effective immediately. AB 361 amends the Brown Act to allow local legislative bodies to continue meeting remotely using teleconferencing and virtual meeting technology as long as there is a “state of emergency” proclaimed by the Governor pursuant to Government Code Section 54953(e)(4) and upon the local legislative body making certain findings including that state or local officials have imposed or recommended measures to promote social distancing or that meeting in person would present imminent risks to the health or safety of Attendees; and
WHEREAS, the County Health Officer continues to recommend social distancing and the use of online meetings in order to safely hold public meetings, most recently through an October 4, 2022 letter; and
WHEREAS, the County Health Officer has confirmed that the above recommendations to continue social distancing and use online meetings remain in place despite the rescission of formal health orders on October 21, 2022; and
WHEREAS, the City desires to continue holding public meetings of the City Bodies remotely using teleconferencing and virtual meeting technology in order to avoid the imminent risk to the health and safety of Attendees; and

Page 6 of 9 ends

Res No. 22-XX
LRA Res. No. 22-XX
CPHHCD Res. No. 22-XX 3
WHEREAS, the City Council, the Local Reuse Authority, and the Concord/Pleasant Hill Health Care District passed Resolution No. 22-67, Local Reuse Authority Resolution No. 22-45, and Concord/Pleasant Hill Health Care District Resolution No. 21-037 on November 8, 2022, in compliance with AB 361. Pursuant to Government Code Section 54953(e)(1)(A), such meeting was held during a proclaimed state of emergency, each of the City Council, the Local Reuse Authority, and the Concord/Pleasant Hill Health Care District determined, by majority vote, 5-0, that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of Attendees. Consistent with that authority, this December 6, 2022, meeting of the City Council, the Local Reuse Authority; and the Concord/Pleasant Hill Health Care District was held remotely using teleconferencing; and
WHEREAS, the facts, circumstances, and emergency under which such determination was made and Resolution No. 22-67 Local Reuse Authority Resolution No. 22-45, and Concord/Pleasant Hill Health Care District Resolution No. 22-037 was adopted continue to exist as of the date of this Resolution; and
WHEREAS, the City Council, the Local Reuse Authority, and the Concord/Pleasant Hill Health Care District after giving all public notices required by State Law and the Concord Municipal Code, held a duly noticed joint public meeting on December 6, 2022; and WHEREAS, at such public meeting, the City Council, the Local Reuse Authority, and the Concord/Pleasant Hill Health Care District considered all pertinent oral and written information, exhibits, testimony, and comments received during the public review process, including, without limitation, information received at the public meeting, the oral report from City staff, the written report from City staff dated December 6, 2022, this Resolution, and all other information on which each of the City Council, the Local Reuse Authority, and the Concord/Pleasant Hill Health Care District has based its decision (collectively, “Remote Meeting Information”). //
//
//
//

Page 7 of 9 ends

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

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

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

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

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

Section 2. CEQA. This action does not constitute a “project” within the meaning of Public Resources Code Section 21065, 14 Cal Code Reg. Section 15060(c)(2), 15060(c)(3), and/or 15378 because it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. In addition, this action is categorically exempt pursuant to Section 15061(b)(3), “Review for Exemptions” of the CEQA Guidelines because there is no possibility that it may have a significant effect on the environment, and no further environmental review is required. No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. This determination reflects the City’s independent judgment and analysis.

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

Page 8 of 9 ends

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

Section 4. As of December 6, 2022, meetings of City Bodies may continue to be conducted remotely using teleconferencing and virtual meeting technology for the next 30 days in compliance with AB 361. The City Council, the Local Reuse Authority, and the Concord/Pleasant Hill Health Care District will revisit the remote conduct meetings of City Bodies within 30 days of the adoption of this Resolution.

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

PASSED AND ADOPTED by the City Council of the City of Concord, the Local Reuse Authority, and the Concord/Pleasant Hill Health Care District on December 6, 2022, by the following vote:

AYES: Councilmembers -
NOES: Councilmembers -
ABSTAIN: Councilmembers -
ABSENT: Councilmembers -
I HEREBY CERTIFY that the foregoing City Council Resolution No. 22-XX, Local Reuse Authority Resolution No. 22-XX and Concord/Pleasant Hill Health Care District Resolution No. 22- XX were duly and regularly adopted at a regular joint meeting of the City Council of the City of Concord, the Local Reuse Authority, and the Concord/Pleasant Hill Health Care District on December 6, 2022.

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Brown
City Attorney

Page 9 of 9 ends

Staff Report
Date: December 6, 2022
To: City Council
From: Valerie J. Barone, City Manager
Prepared by: Joelle Fockler, MMC, City Clerk
[email protected]
(925) 671-3390
Subject: Considering adoption of a Resolution declaring and accepting the results of the November 8, 2022, General Municipal
Election for the City of Concord.

Report in Brief
A Consolidated Municipal Election was held in the City of Concord on Tuesday, November 8, 2022, pursuant to Concord Resolution No. 22-42 calling for and ordering a General Municipal Election and Specifications of the Election Order for the purpose of electing a total of three members of the City Council to seats in Districts 1, 3, and 5, one member for each district, and the City Treasurer, each for full terms of four years, and requesting and consenting to the consolidation of said General Municipal Election with the General Election held on November 8, 2022. The County Clerk of Contra Costa County, pursuant to the request of the City Clerk of the City of Concord, has duly canvassed the votes and certified the results of the votes. The results are listed below and on file in the Office of the City Clerk of the City of Concord.

The returns of the votes cast in the election:

MEMBER, CITY COUNCIL, DISTRICT 1
Total number of registered voters: ___________
Total number of ballots cast: __________
Voter turnout: ________
MEMBER, CITY COUNCIL, DISTRICT 3
Total number of registered voters: ______
Total number of ballots cast: ______
Voter turnout: ______

5.a5.a5.a5.a

Page 1 of 26 ends

City Council Agenda Report
Agenda Item No. 5.a
December 6, 2022
MEMBER, CITY COUNCIL, DISTRICT 5
Total number of registered voters: _______
Total number of ballots cast: ______
Voter turnout: ______

CITY OF CONCORD TREASURER
Total number of registered voters: ______
Total number of ballots cast: ______
Voter turnout: ______
The official results are:

Candidate Votes Percentage
District 1
Laura Hoffmeister
Robert Ring
Quinne Anderson
District 3
Dominic Aliano
District 5
Laura Nakamura
Tim McGallian
City Treasurer
Edith “Patti” Barsotti
D’Marco Anthony
The newly-elected Councilmembers are Laura Hoffmeister, District 1; Dominic Aliano, District 3; Laura Nakamura, District 5; and Edith “Patti” Barsotti, City Treasurer. The results of the canvass of the election are declared on Exhibit A of the attached resolution.

Recommended Action
1) Adopt a Resolution accepting the results of the November 8, 2022, General Municipal Election.

Public Contact
The City Council Agenda was posted.

Page 2 of 26 ends

City Council Agenda Report
Agenda Item No. 5.a
December 6, 2022
Attachment

1. Resolution declaring and accepting the results of the November 8, 2022, General Municipal Election for the City of Concord (the results of the canvass of the election are declared on Exhibit A of the Resolution)

Page 3 of 26 ends

Res. No. 22-XX 1

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Declaring and Accepting the Results of
the November 8, 2022, General Municipal Election
for the City of Concord Resolution No. 22-XX
/
WHEREAS, a General Municipal Election was held in the City of Concord on Tuesday, November 8, 2022, pursuant to Concord Resolution No. 22-42 for the election to choose successors for the following offices: Member of the City Council for District 1, Member of the City Council for District 3, Member of the City Council for District 5, and City Treasurer, each for full terms of four years; and
WHEREAS, such election was conducted in the manner required by the provisions of the California Election Code for general law cities; and
WHEREAS, the County Clerk of Contra Costa County, pursuant to the request of the City Clerk of the City of Concord, has duly canvassed the votes and has verified the results of the votes cast, which certification is now on file in the Office of the City Clerk of the City of Concord.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CONCORD DOES RESOLVE AND DECLARE:

That the canvas of votes by the County Clerk on file in the City Clerk’s Office is hereby confirmed, and the votes cast for the candidates for Member of the City Council for District 1, Member of the City Council for District 3, Member of the City Council for District 5, and City Treasurer are as follows:

City Council Candidates Votes
District 1
Laura Hoffmeister ________
Robert Ring ________
Quinne Anderson ________
District 3
Dominic Aliano ________
Attachment 1

Page 4 of 26 ends

Res. No. 22-XX 2
District 5
Laura Nakamura ________
Tim McGallian ________
City Treasurer
Edith “Patti” Barsotti ________
D’Marco Anthony ________
IT IS THEREFORE FURTHER RESOLVED AND DETERMINED AS FOLLOWS:

Section 1. The whole number of ballots cast in the election was ________ ballots, resulting in a voter turnout of ______ percent based on a voter registration of _______voters.

Section 2. The results of the votes cast in the election are attached to this resolution as Exhibit A.

Section 3. Laura Hoffmeister was duly elected as Councilmember for District 1 for a terms of four years. Dominic Aliano was duly elected as Councilmember for District 3 for a term of four years. Laura Nakamura was duly elected as Councilmember for District 5 for a term of four years.

Edith “Patti” Barsotti was duly elected City Treasurer for a term of four years.

Section 4. The City Clerk shall administer the oath of office and present the certificate of election to each duly-elected official.

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

Page 5 of 26 ends

Res. No. 22-XX 3
PASSED AND ADOPTED by the City Council of the City of Concord on December 6, 2022, by the following vote:

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney
Attachment: Exhibit A: Election Results

Page 6 of 26 ends

Staff Report
Dat
e: December 6, 2022
To:

City Council
From:

Valerie J. Barone, City Manager
Pr
epared by: Joelle Fockler, MMC, City Clerk
Joel
[email protected]
(925) 671-3390
Subje
ct: Considering adoption of a Resolution declaring and accepting the results of the November 8, 2022, General Municipal
Election for the City of Concord.

Re
port in Brief
A Consolidated Municipal Election was held in the City of Concord on Tuesday, November 8, 2022, pursuant to Concord Resolution No. 22-42 calling for and ordering a General Municipal Election and Specifications of the Election Order for the purpose of electing a total of three members of the City Council to seats in Districts 1, 3, and 5, one member for each district, and the City Treasurer, each for full terms of four years, and requesting and consenting to the consolidation of said General Municipal Election with the General Election held on November 8, 2022. The County Clerk of Contra Costa County, pursuant to the request of the City Clerk of the City of Concord, has duly canvassed the votes and certified the results of the votes. The results are listed below and on file in the Office of the City Clerk of the City of Concord.

The
returns of the votes cast in the election:

ME
MBER, CITY COUNCIL, DISTRICT 1
Total number of registered voters: 16,108
Total number of ballots cast: 9,301
Voter turnout: 57.74%
ME
MBER, CITY COUNCIL, DISTRICT 3
Total number of registered voters: 8,177
Total number of ballots cast: 2,933
Voter turnout: 35.87%
Agenda Item No. 5.a
Benched Staff Report and
Resolution
December 6, 2022

Page 7 of 26 ends

City Council Agenda Report
Agenda Item No. 5.a
December 6, 2022
MEMBER, CITY COUNCIL, DISTRICT 5
T
otal number of registered voters: 16,449
Total number of ballots cast: 9,930
Voter turnout: 60.37%
CIT

Y OF CONCORD TREA SURER
Total number of registered voters: 71,827
Total number of ballots cast: 39,505
Voter turnout: 55.00%
The
official results are:

Candidate Votes Percentage
District 1
Laura Hoffmeister 3,544 43.25%
Robert Ring 2,802 34.20%
Quinne Anderson 1,848 22.55%
District 3
Dominic Aliano 2,153 99.95%
District 5
Laura Nakamura 4,910 56.04%
Tim McGallian 3,851 43.96%
City Treasurer
Edith “Patti” Barsotti 24,787 77.37%
D’Marco Anthony 7,250 22.63%
The
newly-elected Councilmembers are Laura Hoffmeister, District 1; Dominic Aliano, District 3; Laura Nakamura, District 5; and Edith “Patti” Barsotti, City Treasurer. The results of the canvass of the election are declared on Exhibit A of the attached resolution.

Re
commended Action
1) Adopt a Resolution accepting the results of the November 8, 2022, General Municipal Election.

Public
Contact
The City Council Agenda was posted.

Page 8 of 26 ends

City Council Agenda Report
Agenda Item No. 5.a
December 6, 2022
Attachment

Page 9 of 26 ends

Res. No. 22-XX 1
B

EFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Declaring and Accepting the Results of
the Novem ber 8, 2022, Ge neral Municipal Election
for the City of Concord Resolution No. 22-XX
/
WH
EREAS, a General Municipal Election was held in the City of Concord on Tuesday, November 8, 2022, pursuant to Concord Resolution No. 22-42 for the election to choose successors for the following offices: Member of the City Council for District 1, Member of the City Council for District 3, Member of the City Council for District 5, and City Treasurer, each for full terms of four years; and
WHEREAS, such election was conducted in the manner required by the provisions of the California Election Code for general law cities; and
WHEREAS, the County Clerk of Contra Costa County, pursuant to the request of the City Clerk of the City of Concord, has duly canvassed the votes and has verified the results of the votes cast, which certification is now on file in the Office of the City Clerk of the City of Concord.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CONCORD DOES RESOLVE AND DECLARE:

City Council Candidates Vote s
District 1
Laura Hoffmeister 3,544
Robert Ring 2,802
Quinne Anderson 1,848
District 3
Dominic Aliano 2,153
Attachment 1

Page 10 of 26 ends

Res. No. 22-XX 2
D
istrict 5
Laura Nakamura 4,910
Tim McGallian 3,851
City Tre as ure r
Edith “Patti” Barsotti 24,787
D’Marco Anthony 7,250
IT IS THEREFORE FURTHER RESOLVED AND DETERMINED AS FOLLOWS:

Section 1. The whole number of ballots ca st in the election was 39,505 ballots, resulting in a voter turnout of 55 percent based on a voter registration of 71,827 voters.

Section 2. The results of the votes cast in the election a re attached to this resolution as Exhibit A.

Section 3. Laur a Hoffmeister was duly elected as Councilmember for District 1 for a terms of four years. Dominic Aliano was duly elected as Councilmember for District 3 for a term of four years. Laura Nakamura was duly elected as Councilmember for District 5 for a term of four years.

Edith “Patti” Barsotti was duly elected City Treasurer for a term of four years.

Section 4. The City Clerk shall administer the oath of office and present the certificate of election to each duly-elected official.

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

Page 11 of 26 ends

Concord City CouncilDecember 6, 2022

Concord City Council
December 6, 2022