Concord City Council
December 13, 2022

1 COUNCILMEMBERS
Laura M. Hoffmeister, Mayor
Edi E. Birsan, Vice Mayor
Dominic D. Aliano
Laura M. Nakamura
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 13, 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/84643974454?pwd=Tk1GQW5BSmY0bDdtWHJRdUZIZ0hvZz09 oWebinar ID: 846 4397 4454
oPasscode: 473350
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 Nakamura

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. a. Written Public Comment

3. ANNOUNCEMENT
a. Announcing – openings on Concord's Bicycle and Pedestrian Advisory Committee; Commission on Aging; Community Services Commission; Concord Pavilion Community Outreach Committee; Design Review Board; Parks, Recreation and Open Space Commission; and Planning Commission; and setting a deadline of Friday, January 20, 2023, at 5 p.m. for applications to be due to the City Clerk. Report by Joelle Fockler, City Clerk.

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 2023 City Council Meeting Calendar.

Recommended by the City Clerk.
b. Considering – authorization to purchase three new Ford Super Duty F-250 trucks in the amount not to exceed $200,000 and authorizing the City Manager to execute the Agreement in a form acceptable to the City Attorney. 4 (Annual Vehicle Replacement Fund) Recommended by the Director of Public Works.
c. Considering – adoption of a Resolution supporting the local, state, and federal efforts to exonerate the Port Chicago 50. Recommended by the Assistant City Manager.
d. Considering – approval of five Master Service Agreements (MSAs), each in the not-to-exceed amount of $500,000 over an up-to five-year term, for on- call consultant services for the Planning Division and authorizing the City Manager to execute the agreements in a form acceptable to the City Attorney (reimbursed through permit fees and General Fund). Recommended by the Director of Community Development.

CEQA: Not a project under Public Resources Code Section 21065 and CEQA Guidelines Section 15378.
e. Considering – approval of amendments extending the Community Development Block Grant – Coronavirus (CDBG-CV) agreements with Shelter, Inc. and ECHO Housing from December 31, 2022, to June 30, 2023, without change to the agreement amounts, and authorize the City Manager to execute such amendments subject to City Attorney approval. (Community Development Block Grant – Coronavirus Funds). Recommended by the Director of Community Development.

CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b), 15378, and/or Public Resources Code Section 21065. f. Considering – approval of Task Order #1 with LCC Engineering & Surveying, Inc. (LCC) of Martinez, California, in the not-to-exceed amount of $168,718 (base agreement of $153,380 plus Staff authority to spend up to a 10% contingency of $15,338) to provide design and related services for Pavement Maintenance – Zone 3N (Project No. 2623), and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney (Measure J Local Funds and Capital Projects General Fund). Recommended by the Director of Community Development.

CEQA: Not a project/exempt per Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c)(2), 15378 and/or 15061(b)(3). g. Considering – adoption of a Resolution finding that there remains a reasonable relationship between current needs for the Offsite Street Improvement Program (OSIP), Art in Public Places, and Master Storm Drain Fees and the purposes for which they were originally charged. (Government Code Section 66000 et. seq.) Recommended by the Director of Community Development.
5 CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060, 15061(b)(3), 15262, 15273, and/or 15378.
h. Considering – adoption of:
(1) a Resolution approving the negotiated terms and authorizing the City Manager to execute a three-and-a-half-year memorandum of understanding between the City of Concord and the Concord Police Association for the period January 1, 2023, through June 30, 2026; and approving an appropriation of $675,100 from General Fund balance in Fiscal Year 2022-23, to implement the terms of the memorandum of understanding; and (2) a Resolution approving the negotiated terms and authorizing the City Manager to execute a three-and-a-half-year memorandum of understanding between the City of Concord and the Concord Police Managers’ Representation Unit for the period January 1, 2023, through June 30, 2026; and approving an appropriation of $43,600 from General Fund balance for Fiscal Year 2022-23, to implement the terms of the memorandum of understanding. Recommended by the Director of Human Resources.

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

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.

5. CITY COUNCIL CONSIDERATION ITEMS
The public is entitled to address the City Council on items appearing on the agenda before or during the City Council’s consideration of that item. Each speaker will be limited to approximately three minutes. Please see “How to Submit Public Comments” above. a. Considering – (1) adoption of a Resolution establishing a Working Group for the Homeless Strategic Plan; (2) calling for recruitment to fill five positions; and (3) Selecting January 17 or 25 as a special meeting date to conduct interviews and make Working Group appointments, and select two 6 Councilmembers to serve on the Working Group and assign one as Chair and one as Vice Chair. Report by Justin Ezell, Assistant City Manager.

CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(3), 15262, and/or 15378.
b. Considering – (1) adoption of a Resolution stating the City of Concord's intent to participate in the Green Empowerment Zone; and (2) appointment of a Councilmember to serve on the board of directors. Report by Justin Ezell, Assistant City Manager.

CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(3), 15262, and/or 15378.

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

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

8. ADJOURNMENT
Next Meeting: Special Meeting
Date: 1/7/2023 9:00 a.m.

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

In accordance with the Americans with Disabilities Act and California Law, it is the policy of the City of Concord to offer its public programs, services and meetings in a manner that is readily accessible to everyone, including those with disabilities. If you are disabled and require a copy of a public hearing notice, or an agenda and/or agenda packet in an appropriate alternative format; or if you require other accommodation, please contact the ADA Coordinator Tianjun Cao at (925) 671-3243 or [email protected], at least 24 hours in advance of the 7 meeting. Advance notification within this guideline will enable the City to make reasonable arrangements to ensure accessibility.

From: Gentry, Mindy <[email protected]>
Sent: Tuesday, December 13, 2022 2:51 PM
To: [email protected]
Subject: 3530 Wren Avenue - Companion Animal
Good afternoon Mr. Tague,
Michael Hart forwarded to me your recent voicemail and email messages to him. In those messages, you used profanity and repeatedly insulted City staff. The City expects its employees to interact with members of the public with professionalism and courtesy. I respectfully ask that you treat City staff in the same manner and refrain from further use of profanity and insults.

Please note that I am reviewing the materials you have submitted and the relevant language of the Concord Municipal Code. I will contact you when I have completed my review. Please feel free to contact me with any questions, and please direct all future communication regarding your application for a companion animal at 3530 Wren Avenue to me.

Thank you,
Mindy Gentry
Planning Manager, Community Development Department
City of Concord | Website: www.cityofconcord.org

(925) 671-3369 |
[email protected]
1950 Parkside Drive, MS 53, Concord, CA 94519

Community Development
www.cityofconcord.org | www.concordfirst.com
Your feedback on Community and Economic Development Department services would be appreciated.

Please take a moment to complete our on-line surveys at https://www.surveymonkey.com/s/DRS1 From: John Tague <[email protected]>
Sent: Tuesday, December 13, 2022 2:01 PM
To: City Clerk <[email protected]>
Cc: Ines Tague <[email protected]>; Derek Jones <[email protected]> Subject: City Council Meeting Citizen Correspondence General Public Comment New Business 20,000sqft Residential Area Property on the General Plan being denied Companion Pony Rights
Council,
City Management has done me a dis-service by not rubber stamping my recent permit application for a companion animal. They are giving me the run around doing everything to stall Written Public Comment
Agenda Item No. 2.a
December 13, 2022

2.a

& deny my application claiming bogus interpretation after taking Forever/As long as legally possible.

I know how to read, and have had others interpret the law as well. Every citizen of Concord agrees with my interpretation of the law except for City Management Staff in the Planning Community Development Department or whatever grand name these crooks choose to call themselves.

Michael Hart denied my permit and claims to have discussed appeal with "management". Still denying my right to have a pony on my property for my 9, 6, & 4 year old kids to enjoy.

My lot is over 21,000 sqft in a residential area designated as such on the General Plan & That's That!
The law states:
or in any residential area designated as such on the General Plan if the lot is at least 20,000 square feet in size,

City Management Haters are trying to say "any residential area" is only any R-20 zoned residential area. They are adding wording to the law.

The law goes into some R20 details, but only to allow with permission, a companion animal on a lot smaller than 20,000 square feet in R20 zoned area only. But this doesn't apply to me as my property is over 20,000 sqft.

See the complete wording here: Notice the "or" after the R20 talk! And notice the word "any"! referring to residential areas.

6.10.040 Permitted locations for keeping livestock, companion animals and fowl; required lot area; permitted uses.
(a) Livestock and companion animals may be permitted in any residential district zoned for at least 20,000 square feet (R-20) for each parcel of land as shown on the County Assessor’s parcel map book or in any residential area designated as such on the General Plan if the lot is at least 20,000 square feet in size, subject to the provisions delineated in this article. If the area for which a permit is sought to keep, maintain, or board livestock or companion animals is less than 20,000 square feet, then the property owner, lessee, or occupant must apply for a variance pursuant to Chapter 18.430 CDC. If a variance is granted, there must be compliance with subsection 6.10.050(2). Not more than one companion animal or livestock shall be allowed for each 10,000 square feet of land; provided, however, that if any livestock or companion animal gives birth and such birth would result in there being more than one livestock or companion animal per 10,000 square feet, then such newly-born livestock or companion animal shall be allowed to remain with its mother on the premises until weaned without there being a violation of this subsection herein.

I wish I could bring a 7th grade English teacher to this meeting to act as an expert in interpretation of this vocabulary, grammar, & punctuation but I'm a working family man with limited time & means.

Please Council: Order my Pony permit granted. I'd also like 2 permits granted because according to the law I can have 2 Ponies on my property. I'd also like Michael Hart to pay for the permits personally for making me angry & wasting my time having to fight even more government tyranny City Officials have FAILED in protecting us from.

It's also ironic, that Concord claims to be a town supportive of having companion animals, but according to the city management staff's R20 interpretation, just 2% of the city's population is

allowed. I hope this council sees 2% is already cultural death & isn't intent to make it just for the Top 1%.

Sincerely,
John Tague
(415) 373-8702
3530 Wren Ave. Concord

Staff Report
Date: December 13, 2022
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Joelle Fockler, MMC, City Clerk
Prepared by: Stefanie Ananthan, Deputy City Clerk
[email protected]
(925) 671-3085
Subject: Announcing openings on Concord's Bicycle and Pedestrian Advisory Committee; Commission on Aging; Community
Services Commission; Concord Pavilion Community Outreach Committee; Design Review Board; Parks, Recreation and Open Space Commission; and Planning Commission; and setting a deadline of Friday, January 20, 2023, at 5 p.m. for applications to be due to the City Clerk.

Report in Brief
In accordance with Policy and Procedure No. 89, this announcement initiates a recruitment to fill positions for the Bicycle and Pedestrian Advisory Committee, Commission on Aging, Community Services Commission, Concord Pavilion Community Outreach Committee, Design Review Board, Parks, Recreation and Open Space Commission, and Planning Commission. Members with expiring terms shall continue to serve until their successor is appointed pursuant to the Concord Municipal Code. All incumbents may apply for reappointment.

If any seated incumbent does not submit an application by the application deadline, the application period will extend by five (5) working days, and the extended submittal deadline of January 27, 2023 will be posted on the City’s website.

Applications will be available on the City’s website beginning Wednesday, December 14, 2022.

3.a3.a3.a3.a3.a3.a3.a3.a3.a

City Council Agenda Report
Agenda Item No. 3.a
December 13, 2022
Recommended Action
Announce openings on the following boards, commissions, and committees, and set a deadline of Friday, January 20, 2023, at 5:00 p.m. for applications to be due to the City Clerk.

Boards, Commissions, and Committees
 Bicycle and Pedestrian Advisory Committee
 Commission on Aging
 Community Services Commission
 Concord Pavilion Community Outreach Committee
 Design Review Board
 Parks, Recreation and Open Space Commission
 Planning Commission
Background
The Bicycle and Pedestrian Advisory Committee is comprised of five (5) members.

Its role is to review transportation capital projects including roadway, pedestrian and bicycle improvements and provide input to staff on Complete Streets features and for conformity with the City’s Bicycle, Pedestrian, and Safe Routes to Transit Plan, adopted in September 2016 (Plan); review related grant applications; annually review the City’s progress on Plan implementation; and review and provide input on programs or policies related to implementation of the Bicycle, Pedestrian, and Safe Routes to Transit Plan as requested by staff or the City Council.

Current members/terms overview
Members Term Expires
David Pitman February 28, 2023
Victor Benedict Tiglao February 28, 2023
Sarah Allen February 28, 2025
Aneta Sperber February 28, 2025
Rebekah McMenamin February 28, 2025
Vacany
The Committee is seeking two (2) individuals willing to serve a four-year term ending February 28, 2027.

City Council Agenda Report
Agenda Item No. 3.a
December 13, 2022
The Commission on Aging is made up of up to eleven (11) members serving four (4) year terms. Members must be a resident of Concord holding no other municipal office in the City of Concord. At least 51% of the members shall be over the age of 60. Examples of duties include: identify, improve, and develop services and opportunities for senior citizens in Concord; act as a resource to all City boards and commissions on issues affecting seniors; serve on the Contra Costa Advisory Council of Aging subcommittees to identify the unmet needs of senior citizens and evaluate the effectiveness of existing programs and laws; develop an annual work program, and establishing short- and long- term goals in order of priority.

Current members/terms overview
Members Term Expires
David Afinowicz June 30, 2023
Les Casazza June 30, 2023
Vacant June 30, 2023
Vacant June 30, 2023
Vacant June 30, 2023
Marilyn Fowler June 30, 2025
Ben Hornstein June 30, 2025
Tjiuk Kurniadi June 30, 2025
Melvin Lee June 30, 2025
Vacant June 30, 2025
Vacant June 30, 2025
Vacancy
The Commission is seeking a total of five (5) individuals for the following terms:
 Three (3) individuals willing to serve the remainder of a four-year term ending June 30, 2023.
 Two (2) individuals willing to serve the remainder of a four-year term ending June 30, 2025.

The Community Services Commission may consist of up to seven (7) members serving four (4) year terms. Members are required to identify housing, neighborhood and social needs within the community and review funding requests, advise the City Council on the allocation of General Fund monies for human services and the expenditure of Federal Community Development Block Grant monies for programs and projects, and monitor the performance of funded programs. All members must be residents of Concord or of Concord's sphere of influence who hold no other municipal

City Council Agenda Report
Agenda Item No. 3.a
December 13, 2022
office in the City of Concord and shall be representative of the general public and the religious, racial, age, sex, disabled and ethnic groups in the City of Concord.

The City's Conflict of Interest Code requires the Community Services Commission members to complete a Conflict of Interest Form 700. Filings are required within 30 days of assuming office and on an annual basis.

Current members/terms overview
Members Term Expires
Colleen Isenberg June 30, 2023
David Miller June 30, 2023
Paul Wood June 30, 2023
Robert Ferrier June 30, 2025
Lauren Hendrickson June 30, 2025
Ajit Kaushal June 30, 2025
Vacant June 30, 2025
Vacancy
The Commission is seeking one (1) individual willing to serve the remainder of a four- year term ending June 30, 2025.

The Concord Pavilion Community Outreach Committee consists of five (5) members holding four-year terms, and is comprised as follows: four (4) members appointed by the Concord City Council (City members) and one (1) member appointed by the Manager of the Pavilion (Live Nation) (Manager member). The Committee shall provide guidance to the Pavilion General Manager on outreach efforts to attract applications from local schools, cultural organizations and the community to bring additional community events to the Pavilion in order to expand the use of the venue beyond the concert season. The Committee will assist the Pavilion General Manager in identifying potential community events, but will not have authority to approve or disapprove event applications. The Committee will be responsible for assigning a Committee member to take notes of Committee meetings and complete a record of annotated minutes. The Committee shall determine the frequency of its meetings, which shall not be more than once per quarter and will not conflict with Pavilion events.

City Council Agenda Report
Agenda Item No. 3.a
December 13, 2022
Current members/terms overview
Members Term Expires
Assaf Barnir February 28, 2023
Angie Rajczyk February 28, 2023
Cedric Cheng February 28, 2025
Vacant February 28, 2025
Aaron Hawkins, Live Nation
Vacancy
The Committee is seeking a total of three (3) individuals for the following terms:
 Two (2) individuals willing to serve a four-year term ending February 28, 2027.  One (1) individual willing to serve the remainder of a four-year term ending February 28, 2025.

The Design Review Board is comprised of five (5) members: three (3) design professionals that may be nonresidents of Concord, e.g., architects, landscape architects, urban designers, building designers, at least one of whom shall be a professional licensed architect, and one (1) public member, each serving a four-year term, and one (1) member of the City Planning Commission; the public member shall be a resident of Concord with previous experience or training in design concepts. The Design Review Board is requested to review the design of any development for which design review is required by City ordinance and any matter referred to the Board by the City Council, Planning Commission, Zoning Administrator, or Planning Manager, and/or staff.

The City's Conflict of Interest Code requires the Design Review Board members to complete a Conflict of Interest Form 700. Filings are required within 30 days of assuming office and on an annual basis.

Current members/terms overview
Members Term Expires Position
Suzanne Alaksa February 28, 2023 Public Member
Jack Moore February 28, 2023 Design Professional
Raymond Barbour March 16, 2023 Planning Commission
Representative
Kirk Shelby February 28, 2025 Design Professional
Jill Finn February 28, 2025 Design Professional

City Council Agenda Report
Agenda Item No. 3.a
December 13, 2022
Vacancy
The Board is seeking a total of two (2) individuals for the following positions and terms:
 One (1) Public Member willing to serve a four-year term ending February 28, 2027.
 One (1) Design Professional willing to serve a four-year term ending February 28, 2027.

The Parks, Recreation and Open Space Commission is made up of five (5) adult members that serve four (4) year terms and two (2) youth members that serve a one (1) year term. Members must be residents of Concord who hold no other municipal office in the City of Concord. The youth members are appointed by the adult members. The Commission advises the City Council on matters related to public parks, open space, recreation, and youth; reviews and recommends Council action to develop, modify, and/or improve City parks; promotes recreation and park programs, assesses park and recreation needs, and recommends capital improvement projects and fees.

The City's Conflict of Interest Code requires the Parks, Recreation and Open Space Commission members to complete a Conflict of Interest Form 700. Filings are required within 30 days of assuming office and on an annual basis.

Current members/terms overview
Members Term Expires
Kandi Lancaster June 30, 2023
Mark Sinclair June 30, 2023
Pablo Benavente June 30, 2025
Michael Miller June 30, 2025
Vacant June 30, 2025
Vacancy
The Commission is seeking one (1) individual willing to serve the remainder of a four- year term ending June 30, 2025.

The Planning Commission consists of five (5) members serving staggered four-year terms. All members must be residents of Concord. The Planning Commission is expected to develop and maintain a long range comprehensive General Plan of the Concord planning area; and develop specific plans as necessary, making recommendations to the City Council regarding proposed General Plan amendments and municipal code modifications, and review planned district developments, tentative subdivision maps, use permits, and rezoning applications.

City Council Agenda Report
Agenda Item No. 3.a
December 13, 2022
Current members/terms overview
Members Term Expires
Jason Laub February 28, 2023
Aeysha Corio February 28, 2023
Raymond Barbour February 28, 2025
John Mercurio February 28, 2025
Craig Mizutani February 28, 2025
Vacancy
The Commission is seeking two (2) individuals willing to serve a four-year term ending February 28, 2027.

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

Attachments

1. Policy and Procedure No. 89 – Council Appointments to Boards & Commissions

2. Resolution No. 17-3 Establishing the Bicycle and Pedestrian Advisory Committee

3. Concord Municipal Code Chapter 2.20, Commission on Aging

4. Concord Municipal Code Chapter 2.20, Article IV, Community Services Commission

5. Description of Concord Pavilion Community Outreach Committee

6. Concord Municipal Code Chapter 2.20, Article V, Design Review Board

7. Concord Municipal Code Chapter 2.20, Article VI, Parks, Recreation and Open Space Commission

8. Concord Municipal Code Chapter 2.20, Article VIII, Planning Commission

1 CITY OF CONCORD

Number:

Authority:

Effective:

Revised:

Reviewed:

Initiating Dept.:
89 Council Motion
12-11-78
4/27/2021
CM

COUNCIL APPOINTMENTS TO BOARDS AND COMMISSIONS

1. P URPOSE
To establish procedures to be used in accepting applications for and making appointments to fill openings on the various Council-appointed Boards and Commissions (Municipal Code, Chapter 2.20).

2. S UBMISSION OF APPLICATIONS

2.1 Applications for Boards or Commissions shall be available on the City’s website.

2.2 The application and description of Boards and Commissions will be made available to Qualified appli- cants and expiring term Boards and Commissions members. Those seeking reappointment or appoint- ment to a Board or Commission must submit a completed application to the City Clerk by the deadline stated in the notice. If any seated incumbent does not submit an application by the application dead- line, the application period will extend by five (5) working days, and the extended submittal deadline will be posted on the City’s website.

Appl
ications shall be considered active until the applicant has had the opportunity to complete a recruitment and appointment cycle for each position for which they have applied.

2.3 To ensure applicants understand the responsibilities of the Board/Commission, a statement of respon- sibility prepared by the liaison will be provided to an applicant at the time of submission of the appli- cation and to the Council Committee to read to each candidate before the interview.

3. N OTIFICATION OF OPENINGS

3.1 Th
e City Clerk shall schedule City Council agenda items for the announcement of expiring terms of members at least three months prior to expiration dates. Terms for all Boards and Commissions ex- pire as shown on the schedule (Section 6). Expiring terms shall be considered as automatically ex- tended beyond the expiration to the date the City Council makes new appointments.

3.2 Th
e City Council shall call for new applications, setting a date certain during the months indicated in Section 6 as the closing deadline for the receipt of applications. Public notice of openings, including a statement that incumbents may reapply, shall be made in advance of the closing deadline and interes- ed parties and organizations shall be notified.

3.3 P
rior to the closing deadline, the City Clerk in partnership with the staff liaison to the recruiting Board/Commission will review the submitted applications to determine the recruitment resulted in a sufficient pool of applicants. Should staff determine that the City has not received an adequate pool of applicants, the City Clerk will make a recommendation through the Mayor to announce an extension of the recruitment at the next available regular meeting.

3.4 The City Council or City Council Committee shall review applications and will conduct interviews with applicants, reserving the right to waive interview process with previously interviewed or incum- bent applicants.

POLICY & PROCEDURE
Attachment 1

POLICY & PROCEDURE NO. 89

2 3.5 The City Clerk shall schedule a City Council agenda item as indicated in Section 6 to publicly appoint persons to a designated term.

3.6 The City Clerk shall prepare appropriate letters confirming appointments and prepare, for the Mayor's signature, letters to those not appointed.

3.7 In making appointments, the City Council shall make appointments th at result in the influx of new ideas and perspectives while, at the same time, ensuring continuity and expertise.

3.8 No individual shall be appointed to serve as a member on more than one City Board or Commission, unless such dual membership is provided for in Chapter 2.20 of the Municipal Code; however, they may serve as an appointee to an advisory body of an outside agency.

3.9 The City Council may appoint one or more alternates to any Board, Commission, or Committee as provided for in Chapter 2.20 of the Municipal Code.

4. APPOINTMENTS

4.1 Members of a City Board or Commission serve at the pleasure of the City Council. An appointment to a Board or Commission is revocable at any time, without cause, by a majority vote of the City Council. A Council Committee review or recommendation is not required for the Council to consider or take such action.

4.2 In the event openings occur prior to the expiration of a member’s term, the Chair of the appointing Council Committee may review the app licant list if it is no older than 12 months and make a recom- mendation to the full Council of an appointment for the vacant seat. If the Committee Chair does not believe there is an adequate pool from which to select, the Chair may recommend to the full Co uncil that the Council call for a recruitment to obtain new applications to fill the unexpired term.

5. ATTENDANCE

5.1 Any member of a City Board or Commission who absents him/herself from three consecutive meet- ings without being excused will be deemed to have resigned his/her office, and the City Council may appoint a new member to serve in the place of such absent member. The City Council shall make the ultimate determination of whether the absence was excused.

5.2 Should the Board or Commission member have three unexcused absences within a fiscal year, staff is to provide pertinent information to the City Clerk who will notify the member of his resignation.

6. SCHEDULE

6.1 A formal recruitment will occur on odd-numbered years, or when an interim vacancy occurs.

Board or Commission
Announce
Openings
1st available Council
Meeting in
Deadline for
Applications: 30
days
following
announcement
City Council
Appointments
1st available
Meeting in
Terms
Begin
Terms
Expire
Bicycle and Pedestrian
Advisory Committee
November January February March 1 February 28
Board of Appeals November January February March 1 February 28 Planning Commission November January February March 1 February 28 Personnel Board November January February March 1 February 28

POLICY & PROCEDURE NO. 89

3 Board or Commission
Announce
Openings
1st available Council
Meeting in
Deadline for
Applications: 30
days
following
announcement
City Council
Appointments
1st available
Meeting in
Terms
Begin
Terms
Expire
Design Review Board November January February March 1 February 28 Parks, Recreation & Open
Space Commission March May June July 1 June 30
Community Services
Commission March May June July 1 June 30
Concord Pleasant Hill Health
Care District Grant
Committee
March May June July 1 June 30
Commission on Aging March May June July 1 June 30
Measure V Oversight
Committee
October November December January 1 December 31
Concord Pavilion Outreach
Committee
November January February March 1 February 28
Youth Members on the Parks, Recrea-
tion & Open Space Commission
Appointed annually by the Parks,
Recreation & Open Space Commission

6.2 Scheduling may be operationally adjusted by the City Clerk.

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COMMISSION ON AGING
Chapter 2.20

2.20.090 Established; membership; compensation of members.

There is hereby created a Commission on Aging which shall consist of not more than 11 voting members to be appointed by the City Council. Members of the Commission on Aging shall be residents of the city. At least 51 percent of the membership shall be over the age of 60 years. The basis and the amount of any compensation which may be paid to the members of the Commission on Aging shall be determined by resolution of the City Council. (Code 1965, § 2453; Code 2002, § 2-321. Ord. No. 91-1; Ord. No. 92-19)

2.20.100 Purpose and intent.
(a) The city desires to act as a line of communication between its senior citizen population, public and private organizations, and other advisory bodies to assure that government action is responsive to the needs of older persons.
(b) There is a need to establish a visible and officially responsible body within the city to:
(1) Encourage county and state agencies to identify unmet needs of older persons and available resources by providing a means for citywide planning in coordination of individuals and groups interested in improving and developing services and opportunities for senior citizens.
(2) Plan, promote, and recommend changes to the existing programs and laws that have a direct bearing on the dignity, freedom, and security of older persons to independently manage their own lives.
(3) Enlist the participation of community groups and individuals in implementing actions which improve resources.
(Code 1965, § 2454; Code 2002, § 2-322. Ord. No. 91-1)

2.20.110 Terms of members; absence from meetings.

Members shall serve at the pleasure of the City Council for staggered terms of four years. The City Council reserves the right to make appointments for an adjusted term period to maintain a Attachment 3

staggered term structure. Any member who absents himself from three meetings of the Commission on Aging within a fiscal year without being excused will be deemed to have resigned from his appointment, and the City Council may appoint a new member to serve in place of the resigned member.
(Code 1965, § 2455; Code 2002, § 2-323. Ord. No. 91-1; Ord. No. 10-2; Ord. No. 15-3, § 2)

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

The Commission on Aging shall adopt rules of procedure on the conduct of its business and may designate ad hoc committees and ad hoc task forces composed of its membership. (Code 1965, § 2456; Code 2002, § 2-324. Ord. No. 91-1)

2.20.130 Vacancies.

All vacancies occurring on the Commission on Aging shall be filled according to the method of their original selection and the new member shall serve at the pleasure of the City Council for the unexpired term of their respective predecessors.
(Code 1965, § 2457; Code 2002, § 2-325. Ord. No. 91-1)

2.20.140 Powers and responsibilities.

The Commission on Aging shall have the responsibility of carrying out the following functions:
(1) Attend and participate in the county Advisory Council on Aging subcommittees to identify the unmet needs of older persons and evaluate the effectiveness of existing programs and laws.
(2) Act as a resource to all city boards and commissions. The Commission on Aging members will attend the meetings of those boards and commissions as needed. (3) Develop an annual work program establishing short- And long-term goals in order of priority which will be effective upon approval of the City Council. (4) Such other functions that the City Council may, from time to time, designate. (Code 1965, § 2458; Code 2002, § 2-326. Ord. No. 91-1)

COMMUNITY SERVICES COMMISSION
CHAPTER 2.20

ARTICLE IV

2.20.150 Established; membership; compensation of members.

There is hereby created a Community Services Commission, which shall consist of not more than seven members to be appointed by the City Council. Members of the Commission shall be residents of the city or the city’s sphere of influence who hold no other municipal office in the city. The members shall be representative of the general public and the religious, racial, age, sex, disabled, and ethnic groups in the city. The basis and amount of compensation which may be paid to the members of the Commission shall be set by resolution of the City Council. (Code 1965, § 2434; Code 2002, § 2-351. Ord. No. 87-35; Ord. No. 91-2; Ord. No. 92-19; Ord.

No. 05-7; Ord. No. 15-3, § 3)

2.20.160 Purpose and intent.

The city seeks to develop a viable urban community in the city, including providing decent housing and a suitable living environment with expanded economic opportunities for its residents. To carry out this objective, the city maintains programs to fund housing efforts, neighborhood public improvements, and community services. There is a need to establish a visible and officially responsible commission within the city to:
(1) Assess need in the community for assistance to these programs; (2) Advise the City Council on the allocation of resources to programs addressing identified needs; and
(3) Evaluate and monitor the performance of such programs. (Code 1965, § 2435; Code 2002, § 2-352. Ord. No. 87-35)

2.20.170 Terms of members; absence from meetings.

Members shall serve at the pleasure of the City Council for staggered terms of four years. The City Council reserves the right to make appointments for an adjusted term period to maintain a staggered term structure. Any member who absents himself from three meetings of the Community Services Commission within a fiscal year without being excused will be deemed to Attachment 4

have resigned from his appointment, and the City Council may appoint a new member to serve in place of the resigned member.
(Code 1965, § 2436; Code 2002, § 2-353. Ord. No. 87-35; Ord. No. 91-2; Ord. No. 10-2; Ord.

No. 15-3, § 4)

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

The Community Services Commission shall adopt rules of procedure on the conduct of its business and may designate, by resolution, committees and task forces. Such resolutions shall not be effective until approved by the City Council.
(Code 1965, § 2437; Code 2002, § 2-354. Ord. No. 87-35; Ord. No. 91-2)

2.20.190 Vacancies.

All vacancies occurring on the Commission shall be filled according to the method of their original selection, and the new members shall serve at the pleasure of the Council for the unexpired term of their respective predecessors.
(Code 1965, § 2438; Code 2002, § 2-355. Ord. No. 87-35; Ord. No. 91-2)

2.20.200 Powers and responsibilities.

The Commission shall have the responsibility of carrying out the following functions:
(1) Evaluate the needs of the community for housing, neighborhood improvement, and community services;
(2) Analyze alternative ways to meet identified needs in light of the available resources and other possibilities for coordination and cooperation with private funding sources and other public agencies;
(3) Recommend an annual budget to the City Council for the expenditure of general fund monies for human services and the expenditure of federal community development block grant monies for a variety of projects;
(4) Evaluate and monitor the performance of human service funded agencies and community development block grant projects; and
(5) Such other functions that the City Council may from time to time designate.

Attachment 5

CONCORD PAVILION COMMUNITY OUTREACH COMMITTEE
The Concord Pavilion Community Outreach Committee shall consist of five members holding four-year terms; and comprised as follows: four members appointed by the Concord City Council (aka: City members) and one member appointed by the Manager of the Pavilion (Live Nation) (aka: Manager member).

The Concord Pavilion Community Outreach Committee (Committee) shall provide guidance to the Pavilion General Manager on outreach efforts to attract applications from local schools, cultural organizations, and the community to bring additional community events to the Pavilion to expand the use of the venue beyond the concert season. The Committee will assist the Pavilion General Manager in identifying potential community events, but will not have authority to approve or disapprove of event applications.

The Committee will be responsible for assigning a Committee member to take notes of Committee meetings and complete a record of annotated minutes. The Committee shall determine the frequency of its meetings, which shall be not more than once per quarter and will not conflict with Pavilion events.

Attachment 6

DESIGN REVIEW BOARD
Chapter 2.20

2.20.210 Established; membership.

The Design Review Board of the city, created by Ordinance No. 926, is hereby continued in existence and shall consist of no more than five members. At all times, the Board shall consist of one member of the city Planning Commission, appointed by the Planning Commission; three design professionals, e.g., architects, landscape architects, urban designers, building designers, at least one of whom shall be a professional licensed architect, appointed by the City Council; and one public member, who shall be a resident of the city, with experience or training in design concepts, appointed by the City Council.
(Code 1965, § 2422; Code 2002, § 2-381. Ord. No. 86-22; Ord. No. 92-19; Ord. No. 05-7; Ord.

No. 10-2)

2.20.220 Terms of members; absence from meetings.

Members shall serve at the pleasure of the City Council for staggered terms of four years. The City Council reserves the right to make appointments for an adjusted term period to maintain a staggered term structure. Any member who absents himself from three meetings of the Design Review Board within a fiscal year without being excused will be deemed to have resigned from his appointment, and the City Council may appoint a new member to serve in place of the resigned member.
(Code 1965, § 2423; Code 2002, § 2-382. Ord. No. 86-22; Ord. No. 10-2; Ord. No. 15-3, § 5)

2.20.230 Purpose and intent.

The Board shall meet not less than once a month at the F. A. Stewart Civic Center, 1950 Parkside Drive, Concord, at a time and date to be designated by the Board. The Board shall appoint a chair and vice-chairman for a term of one year or until the successor of each is appointed and takes office. The chair shall preside at all meetings of the Board and shall perform the duties necessary or incidental to the office. The vice-chair is chair in the absence of the chair or in case of the inability of the chair to participate in the proceedings. (Code 1965, § 2424; Code 2002, § 2-383. Ord. No. 86-22; Ord. No. 05-7; Ord. No. 10-2)

The Concord Municipal Code is current through Ordinance 16-5, passed September 13, 2016.

2.20.240 Compensation of members.

The basis and amount of compensation to be paid to members of the Design Review Board shall be established by resolution of the City Council.
(Code 1965, § 2425; Code 2002, § 2-384. Ord. No. 86-22; Ord. No. 94-5; Ord. No. 10-2)

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

The Board shall adopt rules for the transaction of its business. The Board shall be served by a Secretary of the Board who shall record official actions by the Board, maintain records and perform such other duties as assigned. The Board shall keep a public record of its resolutions, transactions, findings, and determinations and may establish subcommittees as needed to fulfill its duties.
(Code 1965, § 2426; Code 2002, § 2-385. Ord. No. 86-22; Ord. No. 05-7; Ord. No. 10-2)

PARKS, RECREATION AND OPEN SPACE COMMISSION
CHAPTER 2.20

ARTICLE VI

2.20.260 Established; membership; compensation of members.

There is hereby created a Parks, Recreation and Open Space Commission (PROC), which shall consist of five (5) adult voting members and two (2) youth voting members. The adult voting members are appointed by the City Council. The Youth voting members are appointed by a selection task force composed of the adult members of PROC and confirmed by the City Council. The adult members of the PROC shall be residents of the city who hold no other municipal office in the city. The youth members must be between the ages of 13 and 21 at the time of their appointment, shall be residents of the city or attend school in the city and may be part-time seasonal employees of the city. The basis and amount of compensation which may be paid to the Parks, Recreation and Open Space Commission shall be by resolution of the City Council.
(Code 1965, § 2429; Code 2002, § 2-411. Ord. No. 87-35; Ord. No. 01-7; Ord. No. 05-7)

2.20.270 Terms of members; absence from meetings.

Members shall serve at the pleasure of the City Council for staggered terms of four years. The City Council reserves the right to make appointments for an adjusted term period to maintain a staggered term structure. Youth members shall serve at the pleasure of the City Council for one year, effective September 1st and ending June 30th of the following year. Any member who absents himself from three meetings of the Parks, Recreation and Open Space Commission within a fiscal year without being excused will be deemed to have resigned his office, and the City Council may appoint a new member to serve in the place of such absent member. (Code 1965, § 2430; Code 2002, § 2-412. Ord. No. 87-35; Ord. No. 01-7; Ord. No. 05-7; Ord.

No. 10-2; Ord. No. 15-3, § 6)

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

The Parks, Recreation and Open Space Commission shall adopt rules of procedure on conduct of its business and may designate committees and task forces. These committees and task forces Attachment 7

maybe composed of youth designated to study issues and provide findings to the PROC or provide voluntary service to the city.
(Code 1965, § 2431; Code 2002, § 2-413. Ord. No. 87-35; Ord. No. 01-7; Ord. No. 05-7)

2.20.290 Vacancies.

All vacancies occurring on the Parks, Recreation and Open Space Commission shall be filled according to the method of their original selection, and the new members shall serve at the pleasure of the Council for the unexpired terms of their respective predecessors. (Code 1965, § 2432; Code 2002, § 2-414. Ord. No. 87-35; Ord. No. 01-7)

2.20.300 Powers and responsibilities.

The Parks, Recreation and Open Space Commission shall have the responsibility of carrying on the following functions:
(1) Act in advisory capacity to the City Council in matters pertaining to public parks, open space, recreation, and issues pertaining to youth;
(2) Consult, cooperate, and maintain contact with other public agencies, community organizations, and private persons engaged in recreation programming, park and open space planning, and youth services;
(3) Review and assist in the promotion of recreational, park, open space, and youth programs;
(4) Review and recommend to the City Council, plans submitted for development of, modification of, and/or improvements to the city parks system; (5) Assess parks, recreation, open space and youth services needs and develop goals and objectives for meeting these needs;
(6) Review and recommend to the City Council on capital improvements projects and fees related to parks, recreation, and open space; and
(7) Such other duties as the City Council may direct.
(Code 1965, § 2433; Code 2002, § 2-415. Ord. No. 87-35; Ord. No. 01-7; Ord. No. 05-7)

Attachment 8

PLANNING COMMISSION
Chapter 2.20

2.20.350 Membership; compensation of members.

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

2.20.360 Terms of members.

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

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

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

2.20.380 Vacancies.

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

No. 1006)

PLANNING COMMISSION
Chapter 2.20
The Planning Commission is the planning agency of the city. It shall have powers and functions as follows:
(1) All those functions and powers as provided by state law (Government Code §§ 65100-- 65700 as amended);
(2) All duties, powers, and functions as in this Code provided; (3) Such other functions as the City Council may from time to time provide. (Code 1965, § 2405; Code 2002, § 2-475. Ord. No. 70; Ord. No. 1006)

2.20.390 Powers and responsibilities.

Staff Report
Date: December 13, 2022
To: City Council
From: Valerie J. Barone, City Manager
Prepared by: Joelle Fockler, MMC, City Clerk
[email protected]
(925) 671-3390
Subject: Considering approval of the 2023 City Council Meeting Calendar.

Report in Brief
The City Council regularly meets on the first, second, and fourth Tuesday of each month for City Council meetings (meetings). Meetings are cancelled when they conflict with City of Concord Holidays. Additionally, the City Council historically takes a break from meetings for one month during the summer, allowing City Councilmembers to take vacations without missing meetings.

Recommended Action
Review and approve the attached calendar.

Background
The City Council regularly meets on the first, second, and fourth Tuesday of each month for City Council meetings. Meetings are cancelled when they conflict with City holidays.

In addition, historically, the City Council takes a break from meetings for one month during the summer to allow City Councilmembers time to take vacations without missing meetings. In order to provide scheduling clarity, staff has prepared a list of expected meetings in 2023.

Analysis
The attached expected meeting calendar shows no meetings on January 3, July 4, 11, 25, August 1, and December 26.

The proposed calendar reflects no meetings in July, allowing Councilmembers to schedule family vacations without creating conflicts with public Council meetings.

4.a4.a

City Council Agenda Report
Agenda Item No. 4.a
December 13, 2022
Having one month of time with no public meetings also supports staff in two key ways:
first, key executive staff often schedule their main vacations during this period as well, and the City Clerk’s office uses this period of no public meetings to catch up on much needed “clean-up” work that can’t be done during periods of regular City Council meetings.

A meeting is not proposed for Tuesday, August 1, because it is National Night-out and City Councilmembers participate in community-hosted neighborhood gatherings.

Meetings are not scheduled for January 3 and December 26 due to their proximity to the winter City holidays.

The Mayor, working with the City Manager, may call special meetings or cancel meetings as needed to support the work of the City Council. The general public should always check the City’s website or contact the City Clerk regarding City Council meetings they desire to attend.

Public Contact
The City Council Agenda was posted.

Attachment

1. Proposed 2023 City Council Meeting Calendar

The Concord City Council regularly meets the first, second, and fourth Tuesday each month. Below are the dates for expected regular meetings in 2023. The Mayor, working with the City Manager, may cancel meetings or call special meetings to support the work of the Council. All meetings are publicly noticed in accordance with State law and Council policy. To the extent meetings indicated below as “cancelled” are reinstated, such reinstated meetings shall constitute regular meetings of the Concord City Council.

Because meeting dates can change, interested parties should always check the City’s website at www.cityofconcord.org or call the City Clerk’s office at (925) 671-3495 if they are interested in attending a meeting.
2023 City Council Meeting Dates
January 3 (Cancelled due to Winter Holidays) July 4 (Cancelled due to Independence Day) January 10 July 11 (Cancelled due to Council recess)
January 24 July 25 (Cancelled due to Council recess)
February 7 August 1 (Cancelled due to National Night Out) February 14 August 8
February 28 August 22
March 7 September 5
March 14 September 12
March 28 September 26
April 4 October 3
April 11 (Passover April 5 – 13) October 10
April 25 October 24
May 2 November 7
May 9 November 14
May 23 November 28
June 6 December 5
June 13 December 12
June 27 December 26 (Cancelled due to City Holiday)
Attachment 1

Staff Report
Date: December 13, 2022
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: William Tarbox, Director of Public Works
Prepared by: Craig Blythe, Administrative Services Manager [email protected]
(925) 671-3141
Subject: Considering authorization to purchase three new Ford Super Duty F-250 trucks in the amount not to exceed $200,000 and authorizing the City Manager to execute the Agreement in a form acceptable to the City Attorney. (Annual Vehicle
Replacement Fund)
Report in Brief
Three Ford Super-Duty trucks used by the City’s Public Works Department have reached end of life and are due for replacement. These three trucks are recommended to be replaced with the Ford F250 Super-Duty truck.

Recommended Action
Authorize the purchase of three new Ford Super Duty F-250 trucks in the amount not to exceed $200,000.

Background
Each vehicle or piece of equipment in the City’s equipment fleet is projected to be replaced after 6-15 years of use depending on the type, role, and use level of the equipment. The City’s Administrative Services Manager evaluates the condition of vehicles and equipment prior to replacement to ensure that those still having useful life are not prematurely replaced.

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

4.b

City Council Agenda Report
Agenda Item No. 4.b
December 13, 2022
Analysis
Staff evaluates vehicle options based on performance, maintenance needs, market availability, and cost. For example, police patrol vehicles must be pursuit-rated, and utility trucks must meet weight/towing requirements. Staff evaluates hybrid and electric vehicle options with each replacement vehicle purchase. Currently, there are no hybrid or electric vehicle options available that meet the performance needs of our operation for these large trucks.

The units being replaced are three Ford Super-Duty trucks. These trucks are used in the Parks Maintenance and Infrastructure divisions to support Department of Public Works operations. The vehicles being replaced range in model years from 2004 to 2006. The three trucks have reached their end of life in all three categories of measurement: age, meter, and maintenance costs and are no longer economical to maintain.

New trucks are more economical to maintain and safer to operate. The replacement trucks will be equipped with safety features enhancing driver feedback to potential dangers and assisting in the safe operation during daily operations. Safety features include rear-parking sensors, reverse sensing system with reverse brake assist, and cross-traffic alert.

Ford has limited the number of new 2023 Super-Duty F-250 allocations to fleets based on a percentage of average purchases over the last five years. The City of Concord has not purchased enough vehicles over the last five years to fill an order of three 2023 trucks. Ford allocated one F-250 to the City of Concord.

There is a small stock of 2022 and 2023 Super-Duty F-250s in dealership inventory that Staff is requesting authorization to purchase using a competitive bid process. This process will ensure a purchase order can be issued to the winning bid(s) shortly after bid closure. If Staff are unable to issue a purchase order soon after a bid closure, we run the risk of losing the vehicles to another buyer.

Procurement Process
Staff will follow the formal competitive bid process.

Financial Impact
Funding to purchase this vehicle is included in the Annual Vehicle Replacement fund.

Public Contact
The City Council Agenda was posted.

Staff Report
Date: December 13, 2022
To: City Council
From: Valerie J. Barone, City Manager
Prepared by: Justin Ezell, Assistant City Manager
[email protected]
(925) 671-3155
Subject: Considering adoption of a Resolution supporting the local, state, and federal efforts to exonerate the Port Chicago 50.

Report in Brief
The City of Concord has supported past efforts which urge the President and Congress of the United States to take all necessary actions to restore honor to, and rectify the mistreatment by the United States Military of, any sailors who were unjustly blamed for and convicted of mutiny after the Port Chicago disaster, which occurred in the town of Port Chicago, California, in 1944.

Recommended Action
Adopt a Resolution supporting the local, state, and federal efforts to exonerate the Port Chicago 50.

Background
On the night of July 17, 1944, two transport vessels loading ammunition at the Port Chicago naval base in Concord, California, were suddenly engulfed in a gigantic explosion, the incredible blast of which wrecked the naval base and heavily damaged the town of Port Chicago, located 1.5 miles away. Everyone on the pier and aboard the two ships was killed instantly—some 320 American naval personnel, 200 of whom were African American enlisted men; and another 390 military and civilian personnel were injured, including 226 African American enlisted men. This single, stunning disaster accounted for nearly one-fifth of all African American naval casualties during the whole of World War II and was the worst home-front disaster of the war.

The blame for the explosion went to the African-American munitions handlers who had been killed in the disaster, yet had not been properly trained in the handling of those

4.c4.c

City Council Agenda Report
Agenda Item No. 4.c
December 13, 2022
explosives. A few weeks later, seamen were ordered back to work loading munitions at the same location. Two-hundred fifty eight black sailors were ordered to load these munitions, but due to what they felt were unsafe work conditions and themselves not being adequately trained in the proper handling of munitions, they refused orders. After being threatened with the death penalty, 208 of these men reluctantly returned to work.

However, the remaining 50 were court-martialed and sentenced to 17 years in prison.

After the war had ended in 1945, the Navy announced that 47 of the 50 men would be released to active duty. Two remained in a hospital recuperating from injuries, while a third remained in prison due to bad conduct. Eventually, those of the 50 who had not committed later offenses were given a general discharge from the Navy under honorable conditions. Yet their convictions were never rescinded and the “Port Chicago 50” carried with them charges of mutiny until they died.

On May 24, 2016 and again on April 26, 2022, the Concord City Council unanimously supported passage of legislation to publicly exonerate the 50 African American sailors of the United States Navy who were tried and convicted of mutiny in connection with their service at the Port Chicago naval base. On October 11, 2022, the Contra Costa County Board of Supervisors adopted a similar resolution to the one Council is considering tonight.

Analysis
Through adoption of a Resolution (Attachment 1) the Concord City Council affirms support for all future efforts which urge the President and Congress of the United States to take all necessary actions to restore honor to, and rectify the mistreatment by the United States Military of, any sailors who were unjustly blamed for and convicted of mutiny after the Port Chicago disaster, which occurred in the town of Port Chicago, California, in 1944. This would be done by providing the full exoneration of those who were wrongfully court-martialed and have the military records of those involved cleared of any wrongdoing or discharge references that were other than honorable, regardless of whether those sailors are alive or deceased. To exonerate these men would close an ugly chapter in California’s history as well as illuminate and recognize the discrimination that took place at the time, in an effort to ensure events like these can never happen again.

Financial Impact
No fiscal impact.

Public Contact
The City Council Agenda was posted.

Attachment

1. Resolution supporting the local, state, and federal efforts to exonerate the Port Chicago 50.

Res No. 22-XX 1

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution supporting the local, state, and federal
efforts to exonerate the Port Chicago 50
Resolution No. 22-XX
/
WHEREAS, on July 17, 1944, there was a large waterfront munitions explosion at the Port Chicago Naval Magazine which killed more than 320 sailors, over 200 of whom were African American; and
WHEREAS, the explosion also injured 390 others, including 226 African American enlisted men; and
WHEREAS, before the explosion, these men were working significant hours with munitions continuously being loaded despite little to no training; and WHEREAS, the specific cause of the explosion was never officially determined by a court of inquiry, and the blame was placed on the shoulders of the men who died in the explosion; and WHEREAS, when ordered to return to loading ammunitions, over two hundred sailors refused to return to work due to the unsafe working conditions; and WHEREAS, these sailors courageously advocated for safety for themselves and others by requesting adequate training and equipment before returning to work, and in response, the Navy identified fifty Black sailors as the leaders of the organized action; and WHEREAS, the Navy charged these individuals with mutiny, and this decision resulted in one of the most significant mutiny trials in U.S. military history; and WHEREAS, the fifty sailors were supported by then NAACP Chief Counsel Thurgood Marshall who through the press raised the racist nature of the trial and called into question the Navy’s segregationist policies; and
WHEREAS, this trial was a major catalyst for the United States Navy to desegregate following the war; and
WHEREAS, the outcome of the trial wrongly convicted the Port Chicago 50 of mutiny, and they were sentenced to prison; and
Attachment 1

Res No. 22-XX 2
WHEREAS, Mr. Marshall’s appeal of their convictions was officially denied; and WHEREAS, there have been several attempts over the years to appeal the decision, but all have failed; and
WHEREAS, starting in the 1990s, Congressman George Miller worked to preserve the history of the Port Chicago 50 and worked towards their exoneration, and in 1992, his legislation designated the site of the Port Chicago Naval Magazine as a national memorial, which is managed by the National Park Service; and
WHEREAS, the East Bay Regional Park District received part of the Concord Naval Weapons Station through a Public Benefit Conveyance on July 19, 2019, and has named the park the Thurgood Marshall Regional Park – Home of the Port Chicago 50, which honors the courage and legacy of the Port Chicago 50 and all those who sacrificed their lives in our nation’s ongoing struggle for social justice, racial equality, and workers’ rights; and WHEREAS, in 2022, Congressman Mark DeSaulnier (CA-11) successfully passed a measure that would direct the Secretary of the United States Navy to publicly exonerate the Port Chicago 50, and this effort was included in the National Defense Authorization Act (NDAA) (H.R. 7900) which passed the U.S. House of Representatives by a vote of 329-to-101.

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

Section 1. The City Council of the City of Concord does hereby support these and all efforts to exonerate the Port Chicago 50 and recognize their service to our country.

Section 2. The City Council of the City of Concord recognizes the efforts that this case presents in our nation’s struggle for social justice, racial equity, and workers’ rights.

Section 3. The Concord City Council affirms support for all future efforts which urge the President and Congress of the United States to take all necessary actions to restore honor to, and rectify the mistreatment by the United States Military of, any sailors who were unjustly blamed for and convicted of mutiny after the Port Chicago disaster, which occurred in the town of Port Chicago, California, in 1944.

Section 4. This resolution shall become effective immediately upon its passage and adoption.

Res No. 22-XX 3
PASSED AND ADOPTED by the City Council of the City of Concord on December 13, 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 13, 2022.

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney

Staff Report
Date: December 13, 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: Aaron Sage, AICP, Principal Planner
[email protected]
(925) 671-3465
Subject: Considering approval of five Master Service Agreements (MSAs), each in the not-to-exceed amount of $500,000 over an up-to five-year term, for on-call consultant services for the Planning Division and authorizing the City Manager to execute the agreements in a form acceptable to the City Attorney (reimbursed through permit fees and General Fund).

CEQA: Not a project under Public Resources Code Section 21065 and CEQA Guidelines Section 15378.

The Planning Division (“Division”) within the Community Development Department is responsible for processing all land use and development applications as part of its Development Review Services. In addition, the Division also prepares policy documents focusing on long-range planning, sustainability, and housing. Staff routinely utilizes professional consultant resources for staff augmentation and specific areas of expertise, such as environmental review.

Master Services Agreements (MSAs) simplify and provide flexibility to the consultant procurement process by establishing a pre-approved contractual relationship with qualified firms. Each of the five (5) attached proposed MSAs has an initial three-year term, with an option for a mutually agreed upon extension for up to two additional years, for a total term of up to five years. The cost of each MSA is not to exceed $500,000 over the entire five-year term. MSAs do not guarantee work to these contractors, rather they allow the City to pre-qualify firms and establish payment rates for services prior to the

4.d4.d4.d4.d4.d4.d

City Council Agenda Report
Agenda Item No. 4.d
December 13, 2022
need for the services arising. This allows the City to respond much more quickly to Council’s and applicants’ needs, improving customer service, and delivery of City priorities.

Recommended Action
Approve five (5) Master Service Agreements (MSAs), each in the not-to-exceed amount of $500,000 over an up-to five-year term, for on-call consultant services for the Planning Division and authorize the City Manager to execute the MSAs in a form acceptable to the City Attorney.

Background
The Division relies on consultant services for projects that require specialized expertise in land use, planning and environmental review services. These services often require technical expertise not available within the Division and therefore necessitate the hiring of consultants.

Further, the Division continues to experience a high volume of applications for development projects, concurrent with a key planning staff vacancy. In addition, state and federal mandates have required certain application types, such as affordable housing and small cell wireless facilities, to be reviewed in shortened timeframes.

Finally, due to the upcoming adoption of the state-mandated Housing Element Update (HEU), over the next several years the Division will have to address a substantial number of time-sensitive, housing-related Development Code amendments and other policy efforts. As a result, the Division anticipates workload capacity issues to extend into the future.

The Division relies on consultant services for projects that are unusually large or complex and require dedicated staffing for day-to-day management and/or technical expertise including environmental review. Were the City to retain these projects in- house, customer service levels on these and other simpler projects, as well as public and Council inquiries, would be reduced.

Analysis
The MSAs would be for work directly related to the provision of planning services, most heavily directed toward current development projects; this work would be paid for by applicants and developers. The purpose of the MSA process is to enhance customer service by simplifying and accelerating the processing of development projects and land use entitlements, including environmental review, by authorizing the issuance of project- specific Task Orders (TOs) to pre-qualified planning professionals (the firms contracted under the MSAs). The MSAs may also be used to streamline City-initiated planning projects (e.g. Development Code revisions or General Plan amendments) when prioritized and funded by Council.

City Council Agenda Report
Agenda Item No. 4.d
December 13, 2022
The Council’s approval of the MSAs authorizes City staff to assign projects to selected consultants under the Agreements and authorizes staff to issue Task Orders (TOs) for each project, within the limits set in the MSAs. For each project, staff will select a consultant based on their qualifications, availability, and the specific needs required for the project. Staff and consultant will then negotiate a TO including the scope of work, schedule, and compensation. The contract will be executed through a TO. After approval of the TO by City staff, the consultant will proceed with the requested work.

With the Council’s approval and City Manager’s execution of the MSAs, the Planning Manager will be authorized to issue TOs up to the “minimum purchasing threshold” for the City Manager in Council Resolution 21-43, which is currently $80,000 and will increase by $5,000 each year until reaching $100,000 for fiscal year 2026-27. TOs greater than the minimum purchasing threshold of the City Manager in Resolution 21-43 will be brought to the City Council for consideration.

The initial terms for the proposed MSAs would expire on December 13, 2025, with the option for a mutually agreed upon extension of up to two years, with the exception of the MSA with Rincon Consultants, Inc. (“Rincon”). The initial term for the MSA with Rincon would expire around December 2026, because it not would be executed until around December 2023, after the City’s existing MSA with Rincon expires.

Funding for each TO must be identified and available prior to issuance, and each TO, regardless of amount, requires review and approval by the City Attorney and the Finance Director. Under the proposed MSAs, the total not-to-exceed cost of services is $500,000 for the term of the contract, for each consultant firm.

The firms selected to enter into an MSA fully understand that the MSA does not guarantee work. This selection process and award of an Agreement only provides the City with a “bench” of pre-approved firms when specialty work is required on planning projects, which allows staff to expedite the process, should the City require those services. Multiple firms are chosen to allow staff the ability to select a firm based on schedule, availability and/or areas of expertise, depending on project needs.

The five (5) firms selected provide professional and specialized services as it relates to planning and land use issues. Staff interviewed and reviewed each firm’s past experience, performance, and availability to provide the needed services for projects slated for processing for the next two to three years. Staff recommends the following five firms to enter into an MSA with the City:
 Placeworks
 Raimi + Associates
 Raney Planning and Management, Inc.
 Rincon Consultants, Inc.

City Council Agenda Report
Agenda Item No. 4.d
December 13, 2022
 Stantec
Procurement Process
The City issued a Request for Qualifications (RFQ) on October 13, 2022, which was sent to various consulting firms and was posted to the City’s procurement board.

Responses in the form of a Statement of Qualifications (SOQs) were due to the City on October 27, 2022 by 4:00 p.m.

The City received twelve (12) SOQs in response to the RFQ. City staff reviewed and scored the responses, conducted interviews, and determined five firms were well qualified to perform the services requested. Staff is recommending entering into MSAs with these five firms.

Financial Impact
Developers and applicants for land use entitlements are responsible for all costs associated with the processing of applications by the Planning Division. Funds for City- sponsored projects (e.g. code amendments for HEU implementation) will be identified separately as these projects are scoped and budgeted. Approval of these MSAs does not commit the City to any expenditures and there will be no increased costs to the General Fund.

Environmental Determination
Pursuant to the California Environmental Quality Act of 1970, Public Resources Code §21000, et seq., as amended and implementing State CEQA Guidelines, Title 14, Chapter 3 of the California Code of Regulations (collectively, “CEQA”), the execution of the five (5) Master Service Agreements do not constitute a “project” within the meaning of Public Resources Code Section 21065, 14 Cal Code Reg. or CEQA Guidelines Section 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. Therefore, no further environmental review is required.

Public Contact
The City Council Agenda was posted.

Attachments

1. Placeworks Master Agreement

2. Raimi + Associates Master Agreement

3. Raney Planning and Management Master Agreement

4. Rincon Consultants Master Agreement

5. Stantec Master Agreement

MASTER AGREEMENT FOR PROFESSIONAL SERVICES

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THI S AGREEMENT made and entered into on December 13, 2022 by and between the City of Concord, a California municipal corporation, (hereinafter "CITY"), located in the County of Contra Costa, State of California, and PlaceWorks, Inc., (hereinafter “CONSULTANT”), whose address is 2040 Bancroft Way, Suite 400, Berkeley, CA 94704.

THE PARTI ES ENTER THI S AGREEMENT based upon the following facts, understandings and intentions:

CITY desires to contract with CONSULTANT and CONSULTANT to contract with CITY for provisi on by CONSULTANT to CITY for professional services as further described herein, upon the terms and conditi ons hereinafter set forth.

NOW, THEREFOR E, I N CONSI DERATI ON of the mutual covenants and promises of the parties herein contained, the parties hereto agree as follows:

1. S ERVICES .

CONSULTANT shall provide services for specific projects as may be requested by CITY; such services shall be defined, scheduled and authorized in subsequent Task Orders. Services may include, but not be limited to:
• On-call planning and environmental review services for special projects • Other as-needed services
CONSULTANT shall be an independent contractor and shall have responsibility for and control over the details and means of providing its services under this AGREEMENT. CONSULTANT agrees that its services shall be performed with due diligence and in accordance with generally accepted planning practices.

CONSULTANT shall use its best efforts to perform and coordinate all activities in a timely manner so that the projects will be completed according to the established project schedules.

2. A
UTHORI ZED REPRESENTA TI VES .

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 shall be the Planning Manager. Said representative is authorized to execute Task Orders on behalf of CITY, includi ng providing for CONSULTANT to be compensated not more than the Minimum Threshold for each project.

Attachment 1

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“Minimum Threshold” means the dollar amount over which Council approval is required during each fiscal year as set forth in Concord City Council Resolution 21-43 pursuant to Concord Municipal Code Section 3.10.040(a).

The Minimum Threshold for Fiscal Year 2022-23 is $80,000 and increases by $5,000 each subsequent fiscal year such that by Fiscal Year 2026-27 the Minimum Threshold is $100,000. Any Task Orders providing compensati on greater than the Minimum Threshold for one project must be approved by City Council.

CONSULTANT authorized representative shall be Steve Noack, Princ ipal.

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 the Minimum Threshold, including the base contract amount, throughout the term of this Agreement. “Minimum Threshold” means the dollar amount over which Council approval is required during each fiscal year as set forth in Concord City Council Resolution 21-43 pursuant to Concord Municipal Code Section

3.10.040(a). The Minimum Threshold for Fiscal Year 2022-23 is $80,000 and increases by $5,000 each subsequent fiscal year such that by Fiscal Year 2026-27 the Minimum Threshold is $100,000. Any additional compensation to CONSULTANT that is greater than the Minimum Threshold, including the base contract amount, must be approved by City Council.

3. C
OMPENSATI ON .

CONSULTANT shall be compensated, not to exceed $500,000 per fiscal year for basic servi ces rendered under Section 1, as more particularly described in authorized Task Orders, in accordance with the terms and conditions included therein.

CONSULTANT may submit monthly statements for services rendered; all statements shall include adequate documentation demonstrating work performed during the billing period and shall conform to Federal Funding invoicing requirements, if applic able. It is intended that payments to CONSULTANT will be made by CITY within 45 (forty-five) days of receipt of invoice. 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 merui t, or similar relief.

4. I
NDE M NIFICAT ION.

A. For Design Professional Services Only. Pursuant to California Civil Code Section

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2782.8, CONSULTANT agrees to indemnify the CITY (including its officers, offic ials, agents, employees and volunteers) against liability for claims against the CITY that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT in the performance of this Agreement. The CONSULTANT will reimburse the CITY for any expenditures, including 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 harml ess the CITY (including its officers, officials, employees, agents and volunteers) from and against any and all claims, demands, actions, losses, damages, injuries, and liability (including all attorney's fees and other litigation expenses) arising out of the CONSULTANT’s performance under the terms of this Agreement. T h is indemnification obligation on CONSULTANT’S part shall not apply to demands, actions, losses, damages, injuries, and liability arising out of sole negligence or willful misconduct on the part of CITY.

5. O
WNERSHIP AND MAINTENANC E 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 represented to be suitable for reuse by others 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 servi ce pertaining to actual project shall be given to CITY at the completion of the project. The CITY reserves the ri ght to specify t he file format that electronic document deliverables are presented to the CITY. Title to all plans, specifications, maps, estimates, reports, manuscripts, drawings, descriptions and other final work products compiled by the CONSULTANT under the Agreement shall be vested in the CITY, none of which shall be used in any manner whatsoever, by any person, firm, corporation, or agency without the expressed written consent of the CITY. Basic survey notes and sketches, charts, computations, and other data prepared or obtained under the Agreement shall be made available, upon request, to the CITY without restriction or limitations on their use.

CONSULTANT may retain copies of the above-described information but agrees not to disclose or discuss any

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information gathered, discussed or generated in any way through this Agreement without the written permissi on of CITY during the term of this Agreement, unless required by law.

6. S TANDARD OF PERFORMANCE.

CONSULTANT represents to CITY that the services shall be perfor med 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.

7. I
NSURANCE REQUIRED.

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

8. S
USPENSION OF WORK.

CITY may, at any time, by written notice, suspend further performance by CONSULTANT, and CONSULTANT shall immediately cease performance. 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.

9. TER
MI NATI ON.

Either party 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

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such termination, all of which shall become CITY’s sole property. After receipt of the Work Materials, CITY will pay CONSULTANT for the services satisfac torily performed as of the effective date of the termination.

10. CO MPLIANCE WITH CIVIL RIGHTS.

During the performance of this contract, CONSULTANT agrees as follows:

A. E qual E mployment Opportunity . In connection with the execution of thi s AGREEMENT, CONSULTANT shall not discriminate against any employee or applicant for employment on the basis of any protected class pursuant to California law. 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 w ill c omply w ith 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 thi s AGREEMENT and the regulations relative to nondiscrimination on the basis of any protected class pursuant to California law .

11. C
ONFLI CT OF I NTEREST.

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 thi s 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:

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(1) Will conduct research and arrive at conclusions with respect to its rendition of information, advice, recommendation or counsel independent of the control and direction of the CITY or of any CITY official, other than normal contract monitoring; and (2) Possesses no authority with respect to any CITY decision beyond the rendition of information, advice, recommendation or counsel. (2 Cal. Code Regs. § 18700(a)(2).)

12. I NDEPENDENT CONTRACTOR.

In assuming and performing the services, CONSULTANT is an independent contractor and shal l not be eligible for any benefits, which the CITY may provide its employees, except as expressly provided for i n the AGREEMENT. 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 have responsibility for and control over the means of providing services under this AGREEMENT.

13. CO
MPLIANCE WITH LAWS.

CONSULTANT shall comply with all applicable federal, State of California, and local laws, rules, and regulations and shall obtain all applicable licenses and permits for the conduct of its business and the performance of the services.

14. CH
OICE 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 jurisdicti on.

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.

15. NO
N-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.

16. EN
FORCEABI LI TY; I NTERPRETA TI ON.

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

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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.

17. I NTEGRATI ON.

The AGREEMENT contains the entire AGREEMENT and understanding between the parti es 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.

18. 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.

19. F
INANCIAL 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 basi s and made available to CITY if and when required.

20. N
OTI CES .

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

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to the other. Notice shall be deemed received three (3) days after the date of the mailing thereof or upon personal delivery.

To CI TY: Mindy Gentry, Planning Manager
Community Development Department
City of Concord
1950 Parkside Drive
Concord, CA 94519-2578
Phone: (925) 671-3369
Email: [email protected]

To CONSULTANT: Steve Noack, Principal
PlaceWorks , Inc.
2040 Bancroft Way, Suite 400
Berkeley, CA 94704
Phone: (510) 848-3815
Email: [email protected]

21. TER
M.

The term of this AGREEMENT shall be from the date executed above through December 13, 2025, with the option of either two (2) one-year extensions or one (1) two-year extension upon mutual agreement by both CITY and CONSULTANT. The City Manager is authorized to approve the extension(s).

22. N ON-LI ABILITY.

No member of the CITY and no other officer, official, agent, employee or volunteer 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.

23. EX
ECUTI ON .

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

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

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I N WI TNESS WHEREOF, t he parties have executed this AGREEMENT in three (3) copies as of the date and year first written above.

CONSULTANT NAME CITY OF CONCORD

By:_________________________________ By:______________________________

APPROVED AS TO FORM: ATTEST:

Susanne Brown Joelle Foc kler, MMC
City Attorney City Clerk

Date:

FINANCE DIRECTOR'S CERTIFICATION:

Concord, California
Date:

I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEARS 2022- 23 THROUGH 2026-27 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.

THE SUM OF $500,
000. Account Code 10082001Z01-63800-0900.

Finance Director's Signature

Name: Steve Noack Name: Valerie Barone
Title: Princ ipal Title: City Manager
Address: 2040 Bancroft Way, Suite 400 Address: 1950 Parkside Drive, MS 01 Berkeley, CA 94704 Concord, CA 94519
Telephone: (510) 848-3815 Telephone: (925) 671-3175

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EXHI BI T “A”

CONSULTANT shall procure and maintain for the duration of the contract insurance against claims from injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by CONSULTANT, their agents, representatives, employees or subcontractors.

MINIMUM SCOPE OF INSURANCE.

Coverage shall be at least as broad as:

1. Commercial General Liability Policy. CONSULTANT shall maintain during the term of this Agreement a c ommerc ial general liability insurance policy providing coverage of at least one million ($1,000,000) combined single limit per occurrence or two million ($2,000,000) aggregate limit for bodily injury, personal injury and property damage. The coverage shall contain no spec ial limitations on the scope or protection afforded to CITY, its officers, officials, agents, employees, or volunteers.

CONSULTANT’s insurance coverage shall be primary insurance with respect to CITY, its officers, offic ials, agents, employees, and volunteers. Any insurance, risk pooling arrangement, or self- insurance maintained by CITY, its officers, officials, agents, employees, or volunteers shall be in excess of CONSULTANT’s insurance and shall not contribute with it.

2. Automobile Liability Coverage. CONSULTANT shall maintain automobile liability insuranc e 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.

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

4. Workers Compensation. 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, agents, employees and volunteers for losses arising from work performed under this Agreement. This provision shall not apply upon written verification by CONSULTANT that CONSULTANT has no employees.

If C
ONSULTANT maintains broader coverage and/or higher limits than the minimums shown above,

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the CITY requires and shall be entitled to the broader coverage and/or higher limits maintained by CONSULTANT. A lapse in any required insurance coverage during this Agreement shall be a breach of thi s Agreement.

The policies are to contain, or be endorsed to contain the following provisions:

1. Additional Insured. CITY, its officers, officials, agents, employees, and volunteers are to be covered as an additional insured as respects: Liability arising out of ac tivities 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, agents, 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, agents, employees, and volunteers. Any insurance, risk pooling arrangement, or self-insurance maintained by CITY, its officers, officials, agents, 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 offic ers, offic ials, agents, employees, or volunteers.

4. Verification of Coverage. CONSULTANT shall furnish CITY w ith 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 polic ies and c ertific ates 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.

5. Inclusion in Subcontracts. To the extent any of the services required of CONSULTANT under this Agreement are subcontracted to a third party. CONSULTANT shall inc lude all of the provisions of this Sec tion in all such subcontracts as obligations of the subcontractor.

MASTER AGREEMENT FOR PROFESSIONAL SERVICES

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THI S AGREEMENT made and entered into on December 13, 2022 by and between the City of Concord, a California municipal corporation, (hereinafter "CITY"), located in the County of Contra Costa, State of California, and Raimi + Assoc iates, Inc., (hereinafter “CONSULTANT”), whose address is 1900 Addison Street, Suite 200, Berkeley, CA 94704.

THE PARTI ES ENTER THI S AGREEMENT based upon the following facts, understandings and intentions:

CITY desires to contract with CONSULTANT and CONSULTANT to contract with CITY for provisi on by CONSULTANT to CITY for professional services as further described herein, upon the terms and conditi ons hereinafter set forth.

NOW, THEREFOR E, I N CONSI DERATI ON of the mutual covenants and promises of the parties herein contained, the parties hereto agree as follows:

1. S ERVICES .

CONSULTANT shall provide services for specific projects as may be requested by CITY; such services shall be defined, scheduled and authorized in subsequent Task Orders. Services may include, but not be limited to:
• On-call planning and environmental review services for special projects • Other as-needed services
CONSULTANT shall be an independent contractor and shall have responsibility for and control over the details and means of providing its services under this AGREEMENT. CONSULTANT agrees that its services shall be performed with due diligence and in accordance with generally accepted planning practices.

CONSULTANT shall use its best efforts to perform and coordinate all activities in a timely manner so that the projects will be completed according to the established project schedules.

2. A
UTHORI ZED REPRESENTA TI VES .

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 shall be the Planning Manager. Said representative is authorized to execute Task Orders on behalf of CITY, includi ng providing for CONSULTANT to be compensated not more than the Minimum Threshold for each project.

Attachment 2

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“Minimum Threshold” means the dollar amount over which Council approval is required during each fiscal year as set forth in Concord City Council Resolution 21-43 pursuant to Concord Municipal Code Section 3.10.040(a).

The Minimum Threshold for Fiscal Year 2022-23 is $80,000 and increases by $5,000 each subsequent fiscal year such that by Fiscal Year 2026-27 the Minimum Threshold is $100,000. Any Task Orders providing compensati on greater than the Minimum Threshold for one project must be approved by City Council.

CONSULTANT authorized representative shall be Matthew D. Raimi, President and CEO.

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 the Minimum Threshold, including the base contract amount, throughout the term of this Agreement. “Minimum Threshold” means the dollar amount over which Council approval is required during each fiscal year as set forth in Concord City Council Resolution 21-43 pursuant to Concord Municipal Code Section

3.10.040(a). The Minimum Threshold for Fiscal Year 2022-23 is $80,000 and increases by $5,000 each subsequent fiscal year such that by Fiscal Year 2026-27 the Minimum Threshold is $100,000. Any additional compensation to CONSULTANT that is greater than the Minimum Threshold, including the base contract amount, must be approved by City Council.

3. C
OMPENSATI ON .

CONSULTANT shall be compensated, not to exceed $500,000 per fiscal year for basic servi ces rendered under Section 1, as more particularly described in authorized Task Orders, in accordance with the terms and conditions included therein.

CONSULTANT may submit monthly statements for services rendered; all statements shall include adequate documentation demonstrating work performed during the billing period and shall conform to Federal Funding invoicing requirements, if applic able. It is intended that payments to CONSULTANT will be made by CITY within 45 (forty-five) days of receipt of invoice. 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 merui t, or similar relief.

4. I
NDE M NIFICAT ION.

A. For Design Professional Services Only. Pursuant to California Civil Code Section

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2782.8, CONSULTANT agrees to indemnify the CITY (including its officers, offic ials, agents, employees and volunteers) against liability for claims against the CITY that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT in the performance of this Agreement. The CONSULTANT will reimburse the CITY for any expenditures, including 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 harml ess the CITY (including its officers, officials, employees, agents and volunteers) from and against any and all claims, demands, actions, losses, damages, injuries, and liability (including all attorney's fees and other litigation expenses) arising out of the CONSULTANT’s performance under the terms of this Agreement. T h is indemnification obligation on CONSULTANT’S part shall not apply to demands, actions, losses, damages, injuries, and liability arising out of sole negligence or willful misconduct on the part of CITY.

5. O
WNERSHIP AND MAINTENANC E 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 represented to be suitable for reuse by others 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 servi ce pertaining to actual project shall be given to CITY at the completion of the project. The CITY reserves the ri ght to specify t he file format that electronic document deliverables are presented to the CITY. Title to all plans, specifications, maps, estimates, reports, manuscripts, drawings, descriptions and other final work products compiled by the CONSULTANT under the Agreement shall be vested in the CITY, none of which shall be used in any manner whatsoever, by any person, firm, corporation, or agency without the expressed written consent of the CITY. Basic survey notes and sketches, charts, computations, and other data prepared or obtained under the Agreement shall be made available, upon request, to the CITY without restriction or limitations on their use.

CONSULTANT may retain copies of the above-described information but agrees not to disclose or discuss any

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information gathered, discussed or generated in any way through this Agreement without the written permissi on of CITY during the term of this Agreement, unless required by law.

6. S TANDARD OF PERFORMANCE.

CONSULTANT represents to CITY that the services shall be perfor med 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.

7. I
NSURANCE REQUIRED.

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

8. S
USPENSION OF WORK.

CITY may, at any time, by written notice, suspend further performance by CONSULTANT, and CONSULTANT shall immediately cease performance. 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.

9. TER
MI NATI ON.

Either party may terminate this Agreement for any reason upon ten (10) days written notice to the other party. 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 Mate rials, CITY w ill pay

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CONSULTANT for the services satisfac torily performed as of the effective date of the termination.

10. CO MPLIANCE WITH CIVIL RIGHTS .

During the performance of this contract, CONSULTANT agrees as follows:

A. E qual E mployment Opportunity . In connection with the execution of thi s AGREEMENT, CONSULTANT shall not discriminate against any employee or applicant for employment on the basis of any protected class pursuant to California law. 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 w ill c omply w ith 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 thi s AGREEMENT and the regulations relative to nondiscrimination on the basis of any protected class pursuant to California law .

11. C
ONFLI CT OF I NTEREST.

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 thi s 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:

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(1) Will conduct research and arrive at conclusions with respect to its rendition of information, advice, recommendation or counsel independent of the control and direction of the CITY or of any CITY official, other than normal contract monitoring; and (2) Possesses no authority with respect to any CITY decision beyond the rendition of information, advice, recommendation or counsel. (2 Cal. Code Regs. § 18700(a)(2).)

12. I NDEPENDENT CONTRACTOR.

In assuming and performing the services, CONSULTANT is an independent contractor and shal l not be eligible for any benefits, which the CITY may provide its employees, except as expressly provided for i n the AGREEMENT. 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 have responsibility for and control over the means of providing services under this AGREEMENT.

13. CO
MPLIANCE WITH LAWS.

CONSULTANT shall comply with all applicable federal, State of California, and local laws, rules, and regulations and shall obtain all applicable licenses and permits for the conduct of its business and the performance of the services.

14. CH
OICE 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 jurisdicti on.

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.

15. NO
N-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.

16. EN
FORCEABI LI TY; I NTERPRETA TI ON.

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

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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.

17. I NTEGRATI ON.

The AGREEMENT contains the entire AGREEMENT and understanding between the parti es 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.

18. 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.

19. F
INANCIAL 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 basi s and made available to CITY if and when required.

20. N
OTI CES .

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

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to the other. Notice shall be deemed received three (3) days after the date of the mailing thereof or upon personal delivery.

To CI TY: Mindy Gentry, Planning Manager
Community Development Department
City of Concord
1950 Parkside Drive
Concord, CA 94519-2578
Phone: (925) 671-3369
Email: [email protected]

To CONSULTANT: Matthew D. Raimi, President and CEO
Raimi + Associates, Inc.
1900 Addison Street, Suite 200
Berkeley, CA 94704
Phone: (510) 200-0520
Email: [email protected]

21. TER
M.

The term of this AGREEMENT shall be from the date executed above through December 13, 2025, with the option of either two (2) one-year extensions or one (1) two-year extension upon mutual agreement by both CITY and CONSULTANT. The City Manager is authorized to approve the extension(s).

22. NO N- LIABILITY.

No member of the CITY and no other officer, official, agent, employee or volunteer 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.

23. EX
ECUTI ON .

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

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

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I N WI TNESS WHEREOF, the parties have executed this AGREEMENT in three (3) copies as of the date and year first written above.

CONSULTANT NAME CITY OF CONCORD

By:_________________________________ By:______________________________

APPROVED AS TO FORM: ATTEST:

Susanne Brown Joelle Foc kler, MMC
City Attorney City Clerk

Date:

FINANCE DIRECTOR'S CERTIFICATION:

Concord, California
Date:

I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEARS 2022- 23 THROUGH 2026-27 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.

THE SUM OF $500,
000. Account Code 10082001Z01-63800-0900.

Finance Director's Signature

Name: Matthew D. Raimi Name: Valerie Barone
Title: President and CEO Title: City Manager
Address: 1900 Addison Street, Suite 200 Address: 1950 Parkside Drive, MS 01 Berkeley, CA 94704 Concord, CA 94519
Telephone: (510) 200-0520 Telephone: (925) 671-3175

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EXHI BI T “A”

CONSULTANT shall procure and maintain for the duration of the contract insurance against claims from injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by CONSULTANT, their agents, representatives, employees or subcontractors.

MINIMUM SCOPE OF INSURANCE.

Coverage shall be at least as broad as:

1. Commercial General Liability Policy. CONSULTANT shall maintain during the term of this Agreement a c ommerc ial general liability insurance policy providing coverage of at least one million ($1,000,000) combined single limit per occurrence or two million ($2,000,000) aggregate limit for bodily injury, personal injury and property damage. The coverage shall contain no spec ial limitations on the scope or protection afforded to CITY, its officers, officials, agents, employees, or volunteers.

CONSULTANT’s insurance coverage shall be primary insurance with respect to CITY, its officers, offic ials, agents, employees, and volunteers. Any insurance, risk pooling arrangement, or self- insurance maintained by CITY, its officers, officials, agents, employees, or volunteers shall be in excess of CONSULTANT’s insurance and shall not contribute with it.

2. Automobile Liability Coverage. CONSULTANT shall maintain automobile liability insuranc e 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.

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

4. Workers Compensation. 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, agents, employees and volunteers for losses arising from work performed under this Agreement. This provision shall not apply upon written verification by CONSULTANT that CONSULTANT has no employees.

If C
ONSULTANT maintains broader coverage and/or higher limits than the minimums shown above,

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the CITY requires and shall be entitled to the broader coverage and/or higher limits maintained by CONSULTANT. A lapse in any required insurance coverage during this Agreement shall be a breach of thi s Agreement.

The policies are to contain, or be endorsed to contain the following provisions:

1. Additional Insured. CITY, its officers, officials, agents, employees, and volunteers are to be covered as an additional insured as respects: Liability arising out of ac tivities 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, agents, 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, agents, employees, and volunteers. Any insurance, risk pooling arrangement, or self-insurance maintained by CITY, its officers, officials, agents, 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, agents, employees, or volunteers.

4. Verification of Coverage. CONSULTANT shall furnish CITY w ith 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 polic ies and c ertific ates 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.

5. Inclusion in Subcontracts. To the extent any of the services required of CONSULTANT under this Agreement are subcontracted to a third party. CONSULTANT shall inc lude all of the provisions of this Sec tion in all such subcontracts as obligations of the subcontractor.

MASTER AGREEMENT FOR PROFESSIONAL SERVICES

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THI S AGREEMENT made and entered into on December 13, 2022 by and between the City of Concord, a California municipal corporation, (hereinafter "CITY"), located in the County of Contra Costa, State of California, and Raney Planning & Management, Inc., (hereinafter “CONSULTANT”), whose address is 1501 Sports Drive, Suite A, Sacramento, CA 95834.

THE PARTI ES ENTER THI S AGREEMENT based upon the following facts, understandings and intentions:

CITY desires to contract with CONSULTANT and CONSULTANT to contract with CITY for provisi on by CONSULTANT to CITY for professional services as further described herein, upon the terms and conditi ons hereinafter set forth.

NOW, THEREFOR E, I N CONSI DERATI ON of the mutual covenants and promises of the parties herein contained, the parties hereto agree as follows:

1. S ERVICES .

CONSULTANT shall provide services for specific projects as may be requested by CITY; such services shall be defined, scheduled and authorized in subsequent Task Orders. Services may include, but not be limited to:
• On-call planning and environmental review services for special projects • Other as-needed services
CONSULTANT shall be an independent contractor and shall have responsibility for and control over the details and means of providing its services under this AGREEMENT. CONSULTANT agrees that its services shall be performed with due diligence and in accordance with generally accepted planning practices.

CONSULTANT shall use its best efforts to perform and coordinate all activities in a timely manner so that the projects will be completed according to the established project schedules.

2. A
UTHORI ZED REPRESENTA TI VES .

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 shall be the Planning Manager. Said representative is authorized to execute Task Orders on behalf of CITY, includi ng providing for CONSULTANT to be compensated not more than the Minimum Threshold for each project.

Attachment 3

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“Minimum Threshold” means the dollar amount over which Council approval is required during each fiscal year as set forth in Concord City Council Resolution 21-43 pursuant to Concord Municipal Code Section 3.10.040(a).

The Minimum Threshold for Fiscal Year 2022-23 is $80,000 and increases by $5,000 each subsequent fiscal year such that by Fiscal Year 2026-27 the Minimum Threshold is $100,000. Any Task Orders providing compensati on greater than the Minimum Threshold for one project must be approved by City Council.

CONSULTANT authorized representative shall be Cindy Gnos, Senior Vice President.

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 the Minimum Threshold, including the base contract amount, throughout the term of this Agreement. “Minimum Threshold” means the dollar amount over which Council approval is required during each fiscal year as set forth in Concord City Council Resolution 21-43 pursuant to Concord Municipal Code Section

3.10.040(a). The Minimum Threshold for Fiscal Year 2022-23 is $80,000 and increases by $5,000 each subsequent fiscal year such that by Fiscal Year 2026-27 the Minimum Threshold is $100,000. Any additional compensation to CONSULTANT that is greater than the Minimum Threshold, including the base contract amount, must be approved by City Council.

3. C
OMPENSATI ON .

CONSULTANT shall be compensated, not to exceed $500,000 per fiscal year for basic servi ces rendered under Section 1, as more particularly described in authorized Task Orders, in accordance with the terms and conditions included therein.

CONSULTANT may submit monthly statements for services rendered; all statements shall include adequate documentation demonstrating work performed during the billing period and shall conform to Federal Funding invoicing requirements, if applic able. It is intended that payments to CONSULTANT will be made by CITY within 45 (forty-five) days of receipt of invoice. 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 merui t, or similar relief.

4. I
NDE M NIFICAT ION.

A. For Design Professional Services Only. Pursuant to California Civil Code Section

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2782.8, CONSULTANT agrees to indemnify the CITY (including its officers, offic ials, agents, employees and volunteers) against liability for claims against the CITY that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT in the performance of this Agreement. The CONSULTANT will reimburse the CITY for any expenditures, including 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 harml ess the CITY (including its officers, officials, employees, agents and volunteers) from and against any and all claims, demands, actions, losses, damages, injuries, and liability (including all attorney's fees and other litigation expenses) arising out of the CONSULTANT’s performance under the terms of this Agreement. T h is indemnification obligation on CONSULTANT’S part shall not apply to demands, actions, losses, damages, injuries, and liability arising out of sole negligence or willful misconduct on the part of CITY.

5. O
WNERSHIP AND MAINTENANC E 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 represented to be suitable for reuse by others 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 servi ce pertaining to actual project shall be given to CITY at the completion of the project. The CITY reserves the ri ght to specify t he file format that electronic document deliverables are presented to the CITY. Title to all plans, specifications, maps, estimates, reports, manuscripts, drawings, descriptions and other final work products compiled by the CONSULTANT under the Agreement shall be vested in the CITY, none of which shall be used in any manner whatsoever, by any person, firm, corporation, or agency without the expressed written consent of the CITY. Basic survey notes and sketches, charts, computations, and other data prepared or obtained under the Agreement shall be made available, upon request, to the CITY without restriction or limitations on their use.

CONSULTANT may retain copies of the above-described information but agrees not to disclose or discuss any

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information gathered, discussed or generated in any way through this Agreement without the written permissi on of CITY during the term of this Agreement, unless required by law.

6. S TANDARD OF PERFORMANCE.

CONSULTANT represents to CITY that the services shall be perfor med 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.

7. I
NSURANCE REQUIRED.

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

8. S
USPENSION OF WORK.

CITY may, at any time, by written notice, suspend further performance by CONSULTANT, and CONSULTANT shall immediately cease performance. 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.

9. TER
MI NATI ON.

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 thi s Agreement. In the event of any termination, CONSULT ANT 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,

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all of which shall become CITY’s sole property. After receipt of the Work Materials, CITY will pay CONSULTANT for the services satisfac torily performed as of the effective date of the termination.

10. CO MPLIANCE WITH CIVIL RIGHTS .

During the performance of this contract, CONSULTANT agrees as follows:

A. E qual E mployment Opportunity . In connection with the execution of thi s AGREEMENT, CONSULTANT shall not discriminate against any employee or applicant for employment on the basis of any protected class pursuant to California law. 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 w ill c omply w ith 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 thi s AGREEMENT and the regulations relative to nondiscrimination on the basis of any protected class pursuant to California law .

11. C
ONFLI CT OF I NTEREST.

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 thi s 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 de signated employee within the meaning of the Political Reform Act because CONSULTANT:

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(1) Will conduct research and arrive at conclusions with respect to its rendition of information, advice, recommendation or counsel independent of the control and direction of the CITY or of any CITY official, other than normal contract monitoring; and (2) Possesses no authority with respect to any CITY decision beyond the rendition of information, advice, recommendation or counsel. (2 Cal. Code Regs. § 18700(a)(2).)

12. I NDEPENDENT CONTRACTOR.

In assuming and performing the services, CONSULTANT is an independent contractor and shal l not be eligible for any benefits, which the CITY may provide its employees, except as expressly provided for i n the AGREEMENT. All p ersons, if any, hired by CONSULTANT shall be employees or subcontractors of CONSULTANT and shall not be construed as employees or agents of the CITY in any respect. CONSULTANT shall have responsibility for and control over the means of providing services under this AGREEMENT.

13. CO
MPLIANCE WITH LAWS.

CONSULTANT shall c omply w ith all applic able federal, State of California, and loc al laws, rules, and regulations and shall obtain all applicable licenses and permits for the conduct of its business and the performance of the services.

14. CH OICE 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 jurisdic tion.

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.

15. NO
N-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.

16. EN
FORCEABI LI TY; I NTERPRETA TI ON.

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

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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.

17. I
NTEGRATI ON.

The AGREEMENT contains the entire AGREEMENT and understanding between the parti es 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.

18. 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 offic ers, employees and agents shall not have any power to bind or commit the CITY to any decision.

19. F
INANCIAL 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 basi s and made available to CITY if and when required.

20. N OTI CES .

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

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to the other. Notice shall be deemed received three (3) days after the date of the mailing thereof or upon personal delivery.

To CI TY: Mindy Gentry, Planning Manager
Community Development Department
City of Concord
1950 Parkside Drive
Concord, CA 94519-2578
Phone: (925) 671-3369
Email: [email protected]

To CONSULTANT: Cindy Gnos, Senior Vice President
Raney Planning & Management, Inc.
1501 Sports Drive, Suite A
Sacramento, CA 95834
Phone: (916) 372-6100
Email: [email protected]

21. TER
M.

The term of this AGREEMENT shall be from the date executed above through December 13, 2025, with the option of either two (2) one-year extensions or one (1) two-year extension upon mutual agreement by both CITY and CONSULTANT. The City Manager is authorized to approve the extension(s).

22. NO N- LIABILITY.

No member of the CITY and no other officer, official, agent, employee or volunteer 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.

23. EX
ECUTI ON .

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

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

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I N WI TNESS WHEREOF, the parties have executed this AGREEMENT in three (3) copies as of the date and year first written above.

CONSULTANT NAME CITY OF CONCORD

By:_________________________________ By:______________________________

APPROVED AS TO FORM: ATTEST:

Susanne Brown Joelle Foc kler, MMC
City Attorney City Clerk

Date:

FINANCE DIRECTOR'S CERTIFICATION:

Concord, California
Date:

I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEARS 2022- 23 THROUGH 2026-27 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.

THE SUM OF $500,
000. Account Code 10082001Z01-63800-0900.

Finance Director's Signature

Name: Cindy Gnos Name: Valerie Barone
Title: Senior Vice President Title: City Manager
Address: 1501 Sports Drive, Suite A Address: 1950 Parkside Drive, MS 01 Sacramento, CA 95834 Concord, CA 94519
Telephone: (916) 372-6100 Telephone: (925) 671-3175

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EXHI BI T “A”

CONSULTANT shall procure and maintain for the duration of the contract insurance against claims from injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by CONSULTANT, their agents, representatives, employees or subcontractors.

MINIMUM SCOPE OF INSURANCE.

Coverage shall be at least as broad as:

1. Commercial General Liability Policy. CONSULTANT shall maintain during the term of this Agreement a c ommerc ial general liability insurance policy providing coverage of at least one million ($1,000,000) combined single limit per occurrence or two million ($2,000,000) aggregate limit for bodily injury, personal injury and property damage. The coverage shall contain no special limitations on the scope or protection afforded to CITY, its officers, officials, agents, employees, or volunteers.

CONSULTANT’s insurance coverage shall be primary insurance with respect to CITY, its officers, offic ials, agents, employees, and volunteers. Any insurance, risk pooling arrangement, or self- insurance maintained by CITY, its officers, officials, agents, employees, or volunteers shall be in excess of CONSULTANT’s insurance and shall not contribute with it.

2. Automobile Liability Coverage. CONSULTANT shall maintain automobile liability insuranc e 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.

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

4. Workers Compensation. CONSULTANT c ovenants that it w ill 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, agents, employees and volunteers for losses arising from work performed under this Agreement. This provision shall not apply upon written verification by CONSULTANT that CONSULTANT has no employees.

If C
ONSULTANT maintains broader coverage and/or higher limits than the minimums shown above,

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the CITY requires and shall be entitled to the broader coverage and/or higher limits maintained by CONSULTANT. A lapse in any required insurance coverage during this Agreement shall be a breach of thi s Agreement.

The policies are to contain, or be endorsed to contain the following provisions:

1. Additional Insured. CITY, its officers, officials, agents, employees, and volunteers are to be covered as an additional insured as respects: Liability arising out of ac tivities 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, agents, 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, agents, employees, and volunteers. Any insurance, risk pooling arrangement, or self-insurance maintained by CITY, its officers, officials, agents, 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, agents, employees, or volunteers.

4. Verification of Coverage. CONSULTANT shall furnish CITY w ith 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 polic ies and c ertific ates 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.

5. Inclusion in Subcontracts. To the extent any of the services required of CONSULTANT under this Agreement are subcontracted to a third party. CONSULTANT shall inc lude all of the provisions of this Sec tion in all such subcontracts as obligations of the subcontractor.

MASTER AGREEMENT FOR PROFESSIONAL SERVICES

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THI S AGREEMENT made and entered into on December 13, 2023 by and between the City of Concord, a California municipal corporation, (hereinafter "CITY"), located in the County of Contra Costa, State of California, and Rincon Consultants, Inc., (hereinafter “CONSULTANT”), whose address is 449 15th Street, Suite 303, Oakland, CA 94612.

THE PARTI ES ENTER THI S AGREEMENT based upon the fol lowing facts, understandings and intentions:

CITY desires to contract with CONSULTANT and CONSULTANT to contract with CITY for provisi on by CONSULTANT to CITY for professional services as further described herein, upon the terms and conditi ons hereinafter set forth.

NOW, THEREFOR E, I N CONSI DERATI ON of the mutual covenants and promises of the parties herein contained, the parties hereto agree as follows:

1. S ERVICES .

CONSULTANT shall provide services for specific projects as may be requested by CITY; such services shall be defined, scheduled and authorized in subsequent Task Orders. Services may include, but not be limited to:
• On-call planning and environmental review services for special projects • Other as-needed services
CONSULTANT shall be an independent contractor and shall have responsibility for and control over the details and means of providing its services under this AGREEMENT. CONSULTANT agrees that its services shall be performed with due diligence and in accordance with generally accepted planning practices.

CONSULTANT shall use its best efforts to perform and coordinate all activities in a timely manner so that the projects will be completed according to the established project schedules.

2. A
UTHORI ZED REPRESENTA TI VES .

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 shall be the Planning Manager. Said representative is authorized to execute Task Orders on behalf of CITY, includi ng providing for CONSULTANT to be compensated not more than the Minimum Threshold for each project.

Attachment 4

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“Minimum Threshold” means the dollar amount over which Council approval is required during each fiscal year as set forth in Concord City Council Resolution 21-43 pursuant to Concord Municipal Code Section 3.10.040(a).

The Minimum Threshold for Fiscal Year 2022-23 is $80,000 and increases by $5,000 each subsequent fiscal year such that by Fiscal Year 2026-27 the Minimum Threshold is $100,000. Any Task Orders providing compensati on greater than the Minimum Threshold for one project must be approved by City Council.

CONSULTANT authorized representative shall be Abe Leider, Princ ipal.

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 the Minimum Threshold, including the base contract amount, throughout the term of this Agreement. “Minimum Threshold” means the dollar amount over which Council approval is required during each fiscal year as set forth in Concord City Council Resolution 21-43 pursuant to Concord Municipal Code Section

3.10.040(a). The Minimum Threshold for Fiscal Year 2022-23 is $80,000 and increases by $5,000 each subsequent fiscal year such that by Fiscal Year 2026-27 the Minimum Threshold is $100,000. Any additional compensation to CONSULTANT that is greater than the Minimum Threshold, including the base contract amount, must be approved by City Council.

3. C
OMPENSATI ON .

CONSULTANT shall be compensated, not to exceed $500,000 per fiscal year for basic servi ces rendered under Section 1, as more particularly described in authorized Task Orders, in accordance with the terms and conditions included therein.

CONSULTANT may submit monthly statements for services rendered; all statements shall include adequate documentation demonstrating work performed during the billing period and shall conform to Federal Funding invoicing requirements, if applic able. It is intended that payments to CONSULTANT will be made by CITY within 45 (forty-five) days of receipt of invoice. 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 merui t, or similar relief.

4. I
NDE M NIFICAT ION.

A. For Design Professional Services Only. Pursuant to California Civil Code Section

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2782.8, CONSULTANT agrees to indemnify the CITY (including its officers, offic ials, agents, employees and volunteers) against liability for claims against the CITY that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT in the performance of this Agreement. The CONSULTANT will reimburse the CITY for any expenditures, including 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 harml ess the CITY (including its officers, officials, employees, agents and volunteers) from and against any and all claims, demands, actions, losses, damages, injuries, and liability (including all attorney's fees and other litigation expenses) arising out of the CONSULTANT’s performance under the terms of this Agreement. T h is indemnification obligation on CONSULTANT’S part shall not apply to demands, actions, losses, damages, injuries, and liability arising out of sole negligence or willful misconduct on the part of CITY.

5. O
WNERSHIP AND MAINTENANC E 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 represented to be suitable for reuse by others 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 servi ce pertaining to actual project shall be given to CITY at the completion of the project. The CITY reserves the ri ght to specify t he file format that electronic document deliverables are presented to the CITY. Title to all plans, specifications, maps, estimates, reports, manuscripts, drawings, descriptions and other final work products compiled by the CONSULTANT under the Agreement shall be vested in the CITY, none of which shall be used in any manner whatsoever, by any person, firm, corporation, or agency without the expressed written consent of the CITY. Basic survey notes and sketches, charts, computations, and other data prepared or obtained under the Agreement shall be made available, upon request, to the CITY without restriction or limitations on their use.

CONSULTANT may retain copies of the above-described information but agrees not to disclose or discuss any

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information gathered, discussed or generated in any way through this Agreement without the written permissi on of CITY during the term of this Agreement, unless required by law.

6. S TANDARD OF PERFORMANCE.

CONSULTANT represents to CITY that the services shall be perfor med 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.

7. I
NSURANCE REQUIRED.

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

8. S
USPENSION OF WORK.

CITY may, at any time, by written notice, suspend further performance by CONSULTANT, and CONSULTANT shall immediately cease performance. 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.

9. TER
MI NATI ON.

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 thi s Agreement. In the event of any termination, CONSULT ANT 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,

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all of which shall become CITY’s sole property. After receipt of the Work Materials, CITY will pay CONSULTANT for the services satisfac torily performed as of the effective date of the termination.

10. CO MPLIANCE WITH CIVIL RIGHTS .

During the performance of this contract, CONSULTANT agrees as follows:

A. E qual E mployment Opportunity . In connection with the execution of thi s AGREEMENT, CONSULTANT shall not discriminate against any employee or applicant for employment on the basis of any protected class pursuant to California law. 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 w ill c omply w ith 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 thi s AGREEMENT and the regulations relative to nondiscrimination on the basis of any protected class pursuant to California law .

11. C
ONFLI CT OF I NTEREST.

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 thi s 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 de signated employee within the meaning of the Political Reform Act because CONSULTANT:

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(1) Will conduct research and arrive at conclusions with respect to its rendition of information, advice, recommendation or counsel independent of the control and direction of the CITY or of any CITY official, other than normal contract monitoring; and (2) Possesses no authority with respect to any CITY decision beyond the rendition of information, advice, recommendation or counsel. (2 Cal. Code Regs. § 18700(a)(2).)

12. I NDEPENDENT CONTRACTOR.

In assuming and performing the services, CONSULTANT is an independent contractor and shal l not be eligible for any benefits, which the CITY may provide its employees, except as expressly provided for i n the AGREEMENT. All p ersons, if any, hired by CONSULTANT shall be employees or subcontractors of CONSULTANT and shall not be construed as employees or agents of the CITY in any respect. CONSULTANT shall have responsibility for and control over the means of providing services under this AGREEMENT.

13. CO
MPLIANCE WITH LAWS.

CONSULTANT shall c omply w ith all applic able federal, State of California, and loc al laws, rules, and regulations and shall obtain all applicable licenses and permits for the conduct of its business and the performance of the services.

14. CH OICE 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 jurisdic tion.

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.

15. NO
N-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.

16. EN
FORCEABI LI TY; I NTERPRETA TI ON.

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

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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.

17. I
NTEGRATI ON.

The AGREEMENT contains the entire AGREEMENT and understanding between the parti es 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.

18. 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 offic ers, employees and agents shall not have any power to bind or commit the CITY to any decision.

19. F
INANCIAL 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 basi s and made available to CITY if and when required.

20. N OTI CES .

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

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to the other. Notice shall be deemed received three (3) days after the date of the mailing thereof or upon personal delivery.

To CI TY: Mindy Gentry, Planning Manager
Community Development Department
City of Concord
1950 Parkside Drive
Concord, CA 94519-2578
Phone: (925) 671-3369
Email: [email protected]

To CONSULTANT: Abe Leider, Principal
Rincon Consultants, Inc.
449 15
th Street, Sui te 303
Oakland, CA 94612
Phone: (510) 671-0175
Email: [email protected]

21. TER M.

The term of this AGREEMENT shall be from the date executed above through December 13, 2025, with the option of either two (2) one-year extensions or one (1) two-year extension upon mutual agreement by both CITY and CONSULTANT. The City Manager is authorized to approve the extension(s).

22. NO N- LIABILITY.

No member of the CITY and no other officer, official, agent, employee or volunteer 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.

23. EX
ECUTI ON .

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

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

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I N WI TNESS WHEREOF, the parties have executed this AGREEMENT in three (3) copies as of the date and year first written above.

CONSULTANT NAME CITY OF CONCORD

By:_________________________________ By:______________________________

APPROVED AS TO FORM: ATTEST:

Susanne Brown Joelle Foc kler, MMC
City Attorney City Clerk

Date:

FINANCE DIRECTOR'S CERTIFICATION:

Concord, California
Date:

I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEARS 2022- 23 THROUGH 2026-27 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.

THE SUM OF $500,
000. Account Code 10082001Z01-63800-0900.

Finance Director's Signature

Name: Abe Leider Name: Valerie Barone
Title: Princ ipal Title: City Manager
Address: 449 15th Street, Suite 303 Address: 1950 Parkside Drive, MS 01 Oakland, CA 94612 Concord, CA 94519
Telephone: (510) 671-0175 Telephone: (925) 671-3175

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EXHI BI T “A”

CONSULTANT shall procure and maintain for the duration of the contract insurance against claims from injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by CONSULTANT, their agents, representatives, employees or subcontractors.

MINIMUM SCOPE OF INSURANCE.

Coverage shall be at least as broad as:

1. Commercial General Liability Policy. CONSULTANT shall maintain during the term of this Agreement a c ommerc ial general liability insurance policy providing coverage of at least one million ($1,000,000) combined single limit per occurrence or two million ($2,000,000) aggregate limit for bodily injury, personal injury and property damage. The coverage shall contain no special limitations on the scope or protection afforded to CITY, its officers, officials, agents, employees, or volunteers.

CONSULTANT’s insurance coverage shall be primary insurance with respect to CITY, its officers, offic ials, agents, employees, and volunteers. Any insurance, risk pooling arrangement, or self- insurance maintained by CITY, its officers, officials, agents, employees, or volunteers shall be in excess of CONSULTANT’s insurance and shall not contribute with it.

2. Automobile Liability Coverage. CONSULTANT shall maintain automobile liability insuranc e 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.

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

4. Workers Compensation. CONSULTANT c ovenants that it w ill 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, agents, employees and volunteers for losses arising from work performed under this Agreement. This provision shall not apply upon written verification by CONSULTANT that CONSULTANT has no employees.

If C
ONSULTANT maintains broader coverage and/or higher limits than the minimums shown above,

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the CITY requires and shall be entitled to the broader coverage and/or higher limits maintained by CONSULTANT. A lapse in any required insurance coverage during this Agreement shall be a breach of thi s Agreement.

The policies are to contain, or be endorsed to contain the following provisions:

1. Additional Insured. CITY, its officers, officials, agents, employees, and volunteers are to be covered as an additional insured as respects: Liability arising out of ac tivities 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, agents, 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, agents, employees, and volunteers. Any insurance, risk pooling arrangement, or self-insurance maintained by CITY, its officers, officials, agents, 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, agents, employees, or volunteers.

4. Verification of Coverage. CONSULTANT shall furnish CITY w ith 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 polic ies and c ertific ates 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.

5. Inclusion in Subcontracts. To the extent any of the services required of CONSULTANT under this Agreement are subcontracted to a third party. CONSULTANT shall inc lude all of the provisions of this Sec tion in all such subcontracts as obligations of the subcontractor.

MASTER AGREEMENT FOR PROFESSIONAL SERVICES

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THI S AGREEMENT made and entered into on December 13, 2022 by and between the City of Concord, a California municipal corporation, (hereinafter "CITY"), located in the County of Contra Costa, State of California, and Stantec Consulting Services, Inc., (hereinafter “CONSULTANT”), whose address is 1340 Treat Boulevard, Suite 300, Walnut Creek, CA 94597.

THE PARTI ES ENTER THI S AGREEMENT based upon the following facts, understandings and intentions:

CITY desires to contract with CONSULTANT and CONSULTANT to contract with CITY for provisi on by CONSULTANT to CITY for professional services as further described herein, upon the terms and conditions hereinafter set forth.

NOW, THEREFOR E, I N CONSI DERATI ON of the mutual covenants and promises of the parties herein contained, the parties hereto agree as follows:

1. S ERVICES .

CONSULTANT shall provide services for specific projects as may be requested by CITY; such services shall be defined, scheduled and authorized in subsequent Task Orders. Services may include, but not be limited to:
• On-call planning and environmental review services for special projects • Other as-needed services
CONSULTANT shall be an independent contractor and shall have responsibility for and control over the details and means of providing its services under this AGREEMENT. CONSULTANT agrees that its services shall be performed with due diligence and in accordance with generally accepted planning practices.

CONSULTANT shall use its best efforts to perform and coordinate all activities in a timely manner so that the projects will be completed according to the established project schedules.

2. A
UTHORI ZED REPRESENTA TI VES .

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 shall be the Planning Manager. Said representative is authorized to execute Task Orders on behalf of CITY, includi ng providing for CONSULTANT to be compensated not more than the Minimum Threshold for each project.

Attachment 5

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“Minimum Threshold” means the dollar amount over which Council approval is required during each fiscal year as set forth in Concord City Council Resolution 21-43 pursuant to Concord Municipal Code Section 3.10.040(a).

The Minimum Threshold for Fiscal Year 2022-23 is $80,000 and increases by $5,000 each subsequent fiscal year such that by Fiscal Year 2026-27 the Minimum Threshold is $100,000. Any Task Orders providing compensati on greater than the Minimum Threshold for one project must be approved by City Council.

CONSULTANT authorized representative shall be Trevor Macenski, Senior Principal.

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 the Minimum Threshold, including the base contract amount, throughout the term of this Agreement. “Minimum Threshold” means the dollar amount over which Council approval is required during each fiscal year as set forth in Concord City Council Resolution 21-43 pursuant to Concord Municipal Code Section

3.10.040(a). The Minimum Threshold for Fiscal Year 2022-23 is $80,000 and increases by $5,000 each subsequent fiscal year such that by Fiscal Year 2026-27 the Minimum Threshold is $100,000. Any additional compensation to CONSULTANT that is greater than the Minimum Threshold, including the base contract amount, must be approved by City Council.

3. C
OMPENSATI ON .

CONSULTANT shall be compensated, not to exceed $500,000 per fiscal year for basic servi ces rendered under Section 1, as more particularly described in authorized Task Orders, in accordance with the terms and conditions included therein.

CONSULTANT may submit monthly statements for services rendered; all statements shall include adequate documentation demonstrating work performed during the billing period and shall conform to Federal Funding invoicing requirements, if applic able. It is intended that payments to CONSULTANT will be made by CITY within 45 (forty-five) days of receipt of invoice. 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 merui t, or similar relief.

4. I
NDE M NIFICAT ION.

A. For Design Professional Services Only. Pursuant to California Civil Code Section

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2782.8, CONSULTANT agrees to indemnify the CITY (including its officers, offic ials, agents, employees and volunteers) against liability for claims against the CITY that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT in the performance of this Agreement. The CONSULTANT will reimburse the CITY for any expenditures, including 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 harml ess the CITY (including its officers, officials, employees, agents and volunteers) from and against any and all claims, demands, actions, losses, damages, injuries, and liability (including all attorney's fees and other litigation expenses) arising out of the CONSULTANT’s performance under the terms of this Agreement. T h is indemnification obligation on CONSULTANT’S part shall not apply to demands, actions, losses, damages, injuries, and liability arising out of sole negligence or willful misconduct on the part of CITY.

5. O
WNERSHIP AND MAINTENANC E 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 represented to be suitable for reuse by others 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 servi ce pertaining to actual project shall be given to CITY upon full payment of all monies owed to CONSULTANT at the completion of the project. The CITY reserves the right to specify the file format that electronic document deliverables are presented to the CITY. Title to all plans, specifications, maps, estimates, reports, manuscripts, drawings, descriptions and other final work products compiled by the CONSULTANT under the Agreement shall be vested in the CITY, none of which shall be used in any manner whatsoever, by any person, firm, corporati on, or agency without the expressed written consent of the CITY. Basic survey notes and ske tches, charts, computations, and other data prepared or obtained under the Agreement shall be made available, upon request, to the CITY without restriction or limitations on their use. CONSULTANT may retain copies of the above -

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described information but agrees not to disclose or discuss any information gathered, discussed or generated i n any way through this Agreement without the written permission of CITY during the term of this Agreement, unless required by law.

6. S
TANDARD OF PERFORMANCE.

CONSULTANT represents to CITY that the services shall be performed in a professional manner, and with the degree of skill and care that is required by current 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.

7. I
NSURANCE REQUIRED.

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

8. S
USPENSION OF WORK.

CITY may, at any time, by written notice, suspend further performance by CONSULTANT, and CONSULTANT shall immediately cease performance. 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.

9. TER
MI NATI ON.

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 thi s Agreement. In the event of any termination, CONSULTANT shall, upon full payment of all monies owed to CONSULTANT, promptly deliver to the CITY any and all finished and unfinished reports or other written,

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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.

CITY will pay CONSULTANT for the services satisfac torily performed as of the effective date of the termination.

10. CO
MPLIANCE WITH CIVIL RIGHTS .

During the performance of this contract, CONSULTANT agrees as follow s:

A. E qual E mployment Opportunity . In connection with the execution of thi s AGREEMENT, CONSULTANT shall not discriminate against any employee or applicant for employment on the basis of any protected class pursuant to California law. 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 w ill c omply w ith 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 thi s AGREEMENT and the regulations relative to nondiscrimination on the basis of any protected class pursuant to California law .

11. C
ONFLI CT OF I NTEREST.

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 thi s 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.

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B. CONSULTANT is not a designated employee within the meaning of the Political Reform Act because CONSULTANT:
(1) Will conduct research and arrive at conclusions with respect to its rendition of information, advice, recommendation or counsel independent of the control and direction of the CITY or of any CITY official, other than normal contract monitoring; and (2) Possesses no authority with respect to any CITY decision beyond the rendition of information, advice, recommendation or counsel. (2 Cal. Code Regs. § 18700(a)(2).)

12. I NDEPENDENT CONTRACTOR.

In assuming and performing the services, CONSULTANT is an independent contractor and shal l not be eligible for any benefits, which the CITY may provide its employees, except as expressly provided for i n the AGREEMENT. All persons, if any, hired by CONSULTANT shall be employees or subcontract ors of CONSULTANT and shall not be construed as employees or agents of the CITY in any respect. CONSULTANT shall have responsibility for and control over the means of providing services under this AGREEMENT.

13. CO
MPLIANCE WITH LAWS.

CONSULTANT shall c omply w ith all applic able federal, State of California, and loc al laws, rules, and regulations and shall obtain all applicable licenses and permits for the conduct of its business and the performance of the services.

14. CH
OICE 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 jurisdicti on.

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.

15. NO
N-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.

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16. ENFORCEABI LI TY; I NTERPRETA TI ON.

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.

17. I
NTEGRATI ON.

The AGREEMENT contains the entire AGREEMENT and understanding between the parti es 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.

18. 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.

19. F
INANCIAL RECORDS.

Records of CONSULTANT’s direct labor costs, timesheet costs, and reimbursable expenses pertaining to this project covered by this AGREEMENT will be kept on a generally recognized accounting basi s and made available to CITY if and when required. Notwithstanding the foregoing, CITY’s right to inspect, copy and audit shall not extend to the composition of CONSULTANT’s rates and fees, percentage mark- ups or

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multipliers but shall only extend to their application to the applicable units.

20. N OTI CES .

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 CI TY: Mindy Gentry, Planning Manager
Community Development Department
City of Concord
1950 Parkside Drive
Concord, CA 94519-2578
Phone: (925) 671-3369
Email: [email protected]

To CONSULTANT: Trevor Macenski, Senior Principal
Stantec Consulting Services, Inc.
1340 Treat Boulevard, Suite 300
Walnut Creek, CA 94597
Phone: (916) 508-4170
Email: [email protected]

21. TER
M.

The term of this AGREEMENT shall be from the date executed above through December 13, 2025, with the option of either two (2) one-year extensions or one (1) two-year extension upon mutual agreement by both CITY and CONSULTANT. The City Manager is authorized to approve the extension(s).

22. NO N- LIABILITY.

No member of the CITY and no other officer, official, agent, employee or volunteer 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.

23. EX ECUTI ON .

Each individual or entity executing this Agreement on behalf of CONSULTANT represents and warrants that he or she or it is duly authorized to execute and deliver this Agreement on behalf of CONSULTANT

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and that such execution is binding upon CONSULTANT.

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

[Signatures follow on next page]

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I N WI TNESS WHEREOF, the parties have executed this AGREEMENT in three (3) copies as of the date and year first written above.

CONSULTANT NAME CITY OF CONCORD

By:_________________________________ By:______________________________

APPROVED AS TO FORM: ATTEST:

Susanne Brown Joelle Foc kler, MMC
City Attorney City Clerk

Date:

FINANCE DIRECTOR'S CERTIFICATION:

Concord, California
Date:

I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEARS 2022- 23 THROUGH 2026-27 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.

THE SUM OF $500,
000. Account Code 10082001Z01-63800-0900.

Finance Director's Signature

Name: Trevor Macenski Name: Valerie Barone
Title: Senior Principal Title: City Manager
Address: 1340 Treat Boulevard, Suite 300 Address: 1950 Parkside Drive, MS 01 Walnut Creek, CA 94597 Concord, CA 94519
Telephone: (916) 508-4170 Telephone: (925) 671-3175

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EXHI BI T “A”

CONSULTANT shall procure and maintain for the duration of the contract insurance against claims from injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by CONSULTANT, their agents, representatives, employees or subcontractors.

MINIMUM SCOPE OF INSURANCE.

Coverage shall be at least as broad as:

1. Commercial G eneral Liability Policy. CONSULTANT shall maintain during the term of this Agreement a c ommerc ial general liability insurance policy providing coverage of at least one million ($1,000,000) combined single limit per occurrence or two million ($2,000,000) aggregate limit for bodily injury, personal injury and property damage. The coverage shall contain no spec ial limitations on the scope or protection afforded to CITY, its officers, officials, agents, employees, or volunteers.

CONSULTANT’s insurance coverage shall be primary insurance with respect to CITY, its officers, offic ials, agents, employees, and volunteers. Any insurance, risk pooling arrangement, or self- insurance maintained by CITY, its officers, officials, agents, employees, or volunteers shall be in excess of CONSULTANT’s insurance and shall not contribute with it.

2. Automobile Liability Coverage. CONSULTANT shall maintain automobile liability insuranc e 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.

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

4. Workers Compensation. 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, agents, employees and volunteers for losses arising from work performed under this Agreement. This provision shall not apply upon written verification by CONSULTANT that CONSULTANT has no employees.

If C
ONSULTANT maintains broader coverage and/or higher limits than the minimums shown above,

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the CITY requires and shall be entitled to the broader coverage and/or higher limits maintained by CONSULTANT. A lapse in any required insurance coverage during this Agreement shall be a breach of thi s Agreement.

The policies are to contain, or be endorsed to contain the following provisions:

1. Additional Insured. CITY, its officers, officials, agents, employees, and volunteers are to be covered as an additional insured as respects: Liability arising out of ac tivities 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, agents, 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, agents, employees, and volunteers. Any insurance, risk pooling arrangement, or self-insurance maintained by CITY, its officers, officials, agents, 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 offic ers, offic ials, agents, employees, or volunteers.

4. Verification of Coverage. CONSULTANT shall furnish CITY w ith 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 polic ies and c ertific ates 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.

5. Inclusion in Subcontracts. To the extent any of the services required of CONSULTANT under this Agreement are subcontracted to a third party. CONSULTANT shall inc lude all of the provisions of this Sec tion in all such subcontracts as obligations of the subcontractor.

Staff Report
Date: December 13, 2022
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kevin Marstall, Director of Community Development Prepared by: Brenda Kain, Housing Manager
[email protected]
(925) 671-3088
Subject: Considering approval of amendments extending the Community Development Block Grant – Coronavirus (CDBG-
CV) agreements with Shelter, Inc. and ECHO Housing from December 31, 2022, to June 30, 2023, without change to the agreement amounts, and authorize the City Manager to
execute such amendments subject to City Attorney approval. (Community Development Block Grant – Coronavirus Funds).

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

Report in Brief
The City Council is requested to approve an amendment extending the Community Development Block Grant – Coronavirus (CDBG-CV) agreements awarded under the Coronavirus Aid, Relief, and Economic Security (CARES) Act of 2020 to Shelter, Inc. for Emergency Rental Assistance and ECHO Housing (ECHO) for Tenant/Landlord Counseling and Legal Services from December 31, 2022, to June 30, 2023, without change to the agreement amounts. Extending these agreements will ensure that rental assistance and legal services will be available to at-risk tenants until funding is exhausted or HUD releases further direction for use of funds.

Recommended Action
Approve amendments extending the Community Development Block Grant – Coronavirus (CDBG-CV) agreements with Shelter, Inc. and ECHO Housing from

4.e4.e4.e

City Council Agenda Report
Agenda Item No. 4.e
December 13, 2022
December 31, 2022, to June 30, 2023, without change to the agreement amounts, authorize the City Manager to execute such amendments subject to City Attorney approval, and make the CEQA determination as provided in this staff report.

Background
The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) was passed by Congress and signed by the President on March 27, 2020, in response to economic impacts of the novel coronavirus pandemic (COVID-19). The Department of Housing and Urban Development (HUD) made available a total of $5 billion in CDBG funding under the CARES Act to be used for activities that prevent, prepare for, and/or respond to COVID-19 and its impacts. The City of Concord, as a CDBG entitlement jurisdiction, was awarded $623,474.

On June 23, 2020, Council approved first-round CDBG-CV allocations totaling $623,474, which included the following:
 Monument Crisis Center Food Distribution: $90,000
 Meals on Wheels, Diablo Region: $30,000
 Shelter, Inc. Rental Assistance (Rent/Security Deposit or Arrears): $378,780  Administration (20%): $124,694
With the second round of funding, the CARES Act established the Coronavirus Relief Fund (CRF) to respond to necessary expenditures incurred due to the public health emergency with respect to COVID-19 and made available an additional $1 billion. The City received a total of $1,600,000 in CRF and on August 4, 2020, Council approved the following allocations:
 City COVID-19 Response and Reimbursement: $450,000
 Residential Rent Relief Program: $375,000
 Small Business Grant Program: $725,000
 Improving Access to Technology in Underserved Neighborhoods: $50,000 Council provided an additional allocation to Shelter, Inc. of $375,000 for emergency rental assistance to impacted tenants. Shelter, Inc. fully expended this funding prior to the CRF program end date of December 31, 2020.

In the third and final round of funding, the City received an allocation of $935,572 in CDBG-CV funds, and on December 1, 2020, Council approved the following:
 Monument Impact Rental Assistance: $230,000
 Shelter, Inc. Rental Assistance: $310,572 (for a total allocation of $689,352)

City Council Agenda Report
Agenda Item No. 4.e
December 13, 2022
 ECHO Housing/Centro Legal de la Raza: $245,000
 Administration (16%): $150,000
Funds allocated to Monument Crisis Center, Meals on Wheels and Monument Impact were fully expended as of June 30, 2021, and do not require an extension.

Analysis
In support of state legislation, which placed a moratorium on evictions for non-payment of rent due to the COVID-19 emergency, the City determined that there was a need to provide financial rental assistance to eligible households to allow them to remain in their homes and avoid homelessness at the conclusion of the moratorium.

There was also a need to provide legal services to tenants at risk of eviction, particularly to low-income workers and immigrants who have been heavily impacted by COVID-19.

This service is critical to keeping people housed and to combatting the ongoing effects of the COVID-19 pandemic.

Shelter, Inc.: Emergency Rental Assistance (Attachment 1) AB 3088, the Tenant, Homeowner and Small Landlord Relief and Stabilization Act of 2020, was signed by Governor Newsom on August 31, 2020. It enacted substantial new protections from evictions for all residential tenants impacted by COVID-19, including prohibitions on evicting a resident impacted by COVID-19 who has failed to make rental payments, provided certain requirements of the law are met.

Shelter, Inc. is the leading housing assistance agency in the County, is located in Concord and has been providing rental assistance for many years. The organization increased their capacity to handle the additional demand for their services from Concord and throughout the County. The other Consortium jurisdictions (Antioch, Pittsburg, Walnut Creek and unincorporated Contra Costa County) also provided funding to Shelter, Inc., which reduced the overall administrative cost to the City as the vetting and reporting requirements are the same across all five funders.

Pursuant to Senate Bill 91, the State developed an Emergency Rental Assistance Program (ERAP). Income eligible households who needed financial assistance for unpaid rent and utilities were able to apply for help through the California ERAP COVID‐19 Rent Relief Program (“State Program”). Tenants were able to apply directly or landlords could apply on behalf of their tenants.

Shelter, Inc.’s emergency rental assistance program funded by CDBG-CV was put on hold temporarily as applicants were assisted with applying to the State Program, not only in Concord but throughout the County. Applications for the State program were accepted until March 31, 2022, and State law extended eviction protections until June 30, 2022, for qualifying applications received by that date. Assisting residents with

City Council Agenda Report
Agenda Item No. 4.e
December 13, 2022
applying for State funds allowed the City to preserve its CDBG-CV funds for use when State funds were no longer available.

As the effects of the pandemic have evolved, the impact to tenants and their needs have changed. HUD is reviewing the parameters of the CDBG-CV program to allow more flexibility in responding to current tenant needs. CDBG-CV funds can now be used for back rent even if the tenant has vacated the premises, helping to avoid a negative impact to credit scores and providing needed revenue to landlords. HUD is also seeking to preserve housing by allowing assistance to tenants employed in those industries that have been slow to recover, particularly service industries. This additional flexibility will allow Shelter, Inc., to continue to provide emergency rental assistance to at-risk tenants and expend remaining CDBG-CV funds.

Between April 1 and September 30, 2022, Shelter, Inc. provided rental assistance to 22 Concord households impacted by COVID-19. The agency provides assistance to households who do not qualify for CDBG-CV assistance using other funds at their disposal. Of the original allocation of $689,352, $480,000 remains in the agreement.

Extending the Shelter, Inc. agreement to June 30, 2023, will allow the agency to continue to provide assistance and will allow time for staff to monitor and close out the program.

ECHO Housing: Tenant/Landlord Counseling and Legal Services (Attachment 2) For many years, the City of Concord, the County and the State at large have faced an unprecedented eviction and housing crisis, exacerbated and amplified by the COVID-19 pandemic. To mitigate the effect on low-income tenants, the City allocated $245,000 in CDBG-CV funds to ECHO Housing to provide Tenant/Landlord Counseling and Legal Services to tenants and landlords. ECHO entered into a Memorandum of Understanding (MOU) with Centro Legal de la Raza (Centro Legal) to provide eviction defense to low- income tenants. This recommendation was developed with input from community partners including Monument Impact, East Bay Housing Organization, Raise the Roof, ECHO Housing, and Centro Legal de la Raza and was divided as follows:
 $25,000 to ECHO
 $220,000 to Centro Legal de la Raza
ECHO Housing, the City’s current Fair Housing and Tenant/Landlord Services provider, provides intake and counseling and mediation services to tenants and landlords. Centro Legal, a non-profit organization that provides legal services to low-income tenants, provides legal representation and legal counseling/advice. Services are provided regardless of immigration status.

This arrangement between ECHO and Centro Legal was adopted by Antioch, Walnut Creek and the County. Developing a Countywide plan allowed for the provision of more

City Council Agenda Report
Agenda Item No. 4.e
December 13, 2022
effective and comprehensive services to all tenants while also maximizing funding dollars for all jurisdictions.

Applications for the State program were accepted until March 31, 2022, and the protections for tenants applying for State ERAP funds sunset on June 30, 2022.

Between April 1 and September 30, 2022, ECHO and Centro Legal provided services to 61 Concord households.

Of the original allocation of $245,000, $175,000 remains in the agreement. Extending the agreement with ECHO Housing to June 30, 2023, will make available the tenant/landlord mediation and tenant legal services needed by Concord tenants. The MOU between ECHO Housing and Centro Legal will also be extended. This will allow time for staff to monitor and close out the program.

Financial Impact
There is no fiscal impact to the City. If funds are not fully expended for the funded programs by June 30, 2023, staff will return to Council with recommendations to reallocate funds to other qualified programs.

The actions before the Council extend agreements to allow for the expenditure of the Community Development Block Grant-Coronavirus (CDBG-CV) funds allocated under the Coronavirus Aid, Relief, and Economic Security (CARES) Act of 2020. No General Fund monies have been allocated.

Environmental Determination
Pursuant to the California Environmental Quality Act of 1970, Public Resources Code §21000, et seq., as amended and implementing State CEQA Guidelines, Title 14, Chapter 3 of the California Code of Regulations (collectively, “CEQA”), the extension of the agreements for existing services does not constitute a “project” within the meaning of Public Resources Code Section 21065 and CEQA Guidelines Sections 15060(c), 15061(b), and 15378 because there is no potential that the activity will result in a direct or reasonably foreseeable indirect physical change in the environment. Moreover, even if f this were determined to be a “project” for CEQA analysis, this activity falls within the "common sense" CEQA exemption set forth in CEQA Guidelines Section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. This determination reflects the City’s independent judgement and analysis.

Public Contact
The City Council Agenda was posted.

City Council Agenda Report
Agenda Item No. 4.e
December 13, 2022
Attachments

1. Amendment extending the agreement with Shelter, Inc. for the Emergency Rental Assistance Program from December 31, 2022 to June 30, 2023

2. Amendment extending the agreement with ECHO Housing for Tenant/Landlord Counseling and Legal Services from December 31, 2022 to June 30, 2023

AMENDMENT TO AGREEMENT (CDBG-CV 20-20)

BETWEEN CITY OF CONCORD
AND
SHELTER, INC.

COMMUNITY DEVELOPMENT BLOCK GRANT – CORONAVIRUS RESPONSE GRANTS This Amendment is to the Agreement entered into on April 1, 2020, (“EFFECTIVE DATE”) by and between the CITY OF CONCORD, a municipal corporation, (“CITY”) and Shelter, Inc. (hereinafter "SUBRECIPIENT").

WHEREAS, the CITY and SUBRECIPIENT entered into an agreement dated April 1, 2020, to provide needed services to low and moderate-income persons within the CITY impacted by the COVID-19 crisis, which would not otherwise be possible without these funds, and;
WHEREAS, the parties hereto desire to amend the agreement to extend the term of the Agreement through June 30, 2023, without change to the payment amount.

NOW, THEREFORE, in consideration of the promises and conditions set forth herein, the parties mutually agree to the following amendments. All language in the Agreement not referenced in this Amendment shall remain unchanged:

Section I. SCOPE OF SERVICE,
A. National Objective:

The Subrecipient certifies, and agrees to maintain documentation that demonstrates that the activities carried out with funds provided under this Agreement meet CDBG-CV Program's national objective of benefiting low/moderate income persons impacted by the COVID-19 crisis.

The individuals served by the Program must be extremely low-, very low- and low-income as defined by the U.S. Department of Housing and Urban Development (HUD). Low-income households are defined as households at or below eighty percent (80%) of the area median income (AMI) as adjusted for household size and defined by HUD for the Oakland Primary Statistical Area. Very low-income households are defined as households with incomes at or below fifty percent (50%) of the AMI.

Extremely low-income households are defined as households with incomes at or below thirty percent (30%) of the AMI. CDBG-CV maximum income limits for extremely low-, very low-, and low-income households are provided in Exhibit A.

For the purposes of this Program, required client income documentation is as follows:

Demonstration of participation in Medi-Cal, Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), or other public assistance or public welfare program, at least as restrictive as that used by HUD. This may be documented by including a copy of the Medi-Cal card, etc. included in each case file. If a client does not participate in one of the above programs, the Subrecipient must document income by obtaining copies of pay stubs, third party verification, bank account statements, etc. This documentation must also be included in each case file.

Attachment 1

B. Level of Accomplishment:

In addition to the normal administrative services required as part of this Agreement, the Subrecipient agrees to operate the Program throughout the term of this Agreement. The Subrecipient is responsible for employing a trained and qualified staff and a sufficient number of volunteers needed to carry out the Program.

Objective: Creating a Suitable Living Environment.

Outcome: Availability/Accessibility.

Indicator: Number of persons assisted with access to new or improved services.

Primary Outcome/Goal statement: The Homeless Prevention program will help to prevent homelessness for households who are at immediate risk of losing their home due to loss of income as a direct result of the COVID-19 pandemic by providing financial assistance in the form of rental and/or utilities arrears for a maximum of three months. Preference will be given to families with children and seniors. Assistance will be provided to 200 households.

Section II of the Agreement, TIME OF PERFORMANCE, is hereby amended to read as follows:

Services of the Subrecipient shall start on the 1st day of April, 2020, and end on the 30 th day of June, 2023, as amended by this Agreement unless earlier terminated in accordance with the terms of this Agreement. The term of this Agreement and the provisions herein may be extended to cover any additional time period during which the Subrecipient may remain in control of CDBG-CV funds or other assets including program income, at City's sole discretion.

Quarterly report, Expense Summary, Sources and Uses report, Request for Reimbursement and Board of Directors meeting minutes are due no later than:

Period to be covered Due Date
Quarterly Report (July 1, 2022 – September 30, 2022) October 15, 2022 Quarterly Report (October 1, 2022 - December 31, 2022) January 15, 2023 Quarterly Report (January 1, 2023 - March 31, 2023) April 15, 2023 Quarterly Report (April 1, 2023 - June 30, 2023) July 15, 2023 Closeout Reports As Requested
Section III of the Agreement, PAYMENT:

It is expressly agreed and understood that the total amount to be paid by the City under this Amendment to Agreement shall not exceed Six Hundred Eighty Nine Thousand Three Hundred Fifty Two Dollars ($689,352 CDBG-CV funds). To the extent practicable, the use of CDBG-CV funds shall be used on a pro rata basis with other funds provided to this Program. Requests for reimbursement for the payment of eligible expenses shall be based upon information submitted by the Subrecipient consistent with the approved Annual Agreement Budget, attached hereto and made a part hereof as Exhibit B, which exhibit shall supersede and replace the Exhibit B attached to the original Agreement. Requests for reimbursement must be completed online in City Data Services and a signed hard copy mailed via United States Postal Service with the backup specified in the Consortium Demand Procedures (Exhibit C). At a minimum,

requests for reimbursement must be submitted on a quarterly basis. Demands may be submitted more frequently, if needed. The payment of requests for reimbursement is contingent upon the timely submission of Quarterly Reports, Sources and Uses reports, and any other required reports and/or documents.

Payments may be contingent upon certification of the Subrecipient's financial management system in accordance with the standards specified in OMB Circular A-110, and as specified in Section VII C.4, Payment Procedures.

Section IV of the Agreement, NOTICES:

All notices required by this Agreement must be in writing and delivered via United States Postal Service, certified and with postage prepaid or by commercial courier or personal delivery. Any notice delivered or sent in the manner described above shall be effective on the date of delivery or sending. All notices and other written communication concerning this Agreement and/or any amendments hereto shall be directed to the following, unless otherwise modified by written notice:

TO CITY: Brenda Kain,
Housing Manager
City of Concord
1950 Parkside Drive, MS/10A
Concord, CA 94519-2578
Telephone: 925-671-3088
E-mail: [email protected]

TO SUBRECIPIENT: John Eckstrom, Chief Executive Officer SHELTER, Inc.

PO Box 5368
Concord, CA 94524
Telephone: 925-335‐0698
Email: [email protected]
Except as expressly amended herein, all terms and conditions of the Agreement remain in full force and effect.

IN WITNESS WHEREOF, the parties have executed this Amendment to Agreement.

Shelter, Inc., a California nonprofit corporation.

By:

John Eckstrom
[email protected]
Chief Executive Officer

City of Concord, a municipal corporation:

By:

Valerie Barone
City Manager

APPROVED AS TO FORM:

By:

Susanne Meyer Brown
City Attorney
ATTEST:

By:

Joelle Fockler, MMC
City Clerk
FINANCE DIRECTOR'S CERTIFICATION: CONCORD, CA
DATE: _______________
I hereby certify that adequate funds exist or will be received during the fiscal year 2022/23 to pay the anticipated expenses to be incurred pursuant to this contract. To wit: the sum of Six Hundred Eighty Nine Thousand Three Hundred Fifty Two Dollars ($689,352 CDBG-CV funds) from Account # 254 9500 C999-66000 / 254 2544 211-66000
________________________________

FINANCE DIRECTOR'S SIGNATURE

Exhibit A
Income Limits

CONTRA COSTA COUNTY

CDBG PROGRAM
Income Limits by Household Size
Effective April 2021
Maximum income of households which are:

Persons
per
Household
Extremely
Low-Income
(30% of AMI)
Very-low
Income
(50% of
AMI)
Low Income
(80% of
AMI)
1 $28,800 $47,950 $76,750
2 $32,900 $54,800 $87,700
3 $37,000 $61,650 $98,650
4 $41,100 $68,500 $109,600
5 $44,400 $74,000 $118,400
6 $47,700 $79,500 $127,150
7 $51,000 $84,950 $135,950
8 $54,300 $90,450 $144,700
- Extremely low-income households are defined as
households earning 30 percent or less of area median
income (AMI) ;
- Very-low income households earn 50 percent or less AMI; - Low-income households earn 80 percent or less AMI
subject to HUD caps; and median income households earn
100 percent AMI.

Source: U.S. Department of Housing and Urban Development.

EXHIBIT B - FY 2021/22 AGREEMENT BUDGET
Agency: SHELTER, Inc.

Program: Homeless Prevention Program
Budget Item
Concord

CDBG-CV
Funds
Other Funds Total
Staff Salaries
Project/Prog. Mgr. 0% FTE $0.00 $16,571 $16,571
Case Manager 0% FTE $0.00 $20,000 $20,000
Program Director 100% FTE $4,158.00 $34,649 $38,807
Program Manager 100% FTE $2,602.00 $78,938 $81,540
Case Manager 100% FTE $2,143.00 $42,136 $44,279
Program Specialists 900% FTE $16,874.00 $150,174 $167,048 Housing Resource
Specialist
25% FTE $2,449.00 $29,406 $31,855
Program Director, Data
Analytics
100% FTE $1,039.00 $32,938 $33,977
Data Analyst 100% FTE $2,602.00 $54,982 $57,584
Accounting Clerk and
HR clerk
200% FTE $9,550.00 $85,159 $94,709
0% FTE $0 $16,975 $16,975
0% FTE $0 $32,250 $32,250
Employee Benefits $13,220.00 $189,633 $202,853
Employee Taxes $4,174.00 $59,623 $63,797
Subtotal $58,811 $843,434 $902,245
Other Expenses
Financial Assistance - Prevention $531,482.00 $4,725,466 $5,256,948 Financial Assistance - Rapid
Rehousing
$0.00 $81,441 $81,441
Client Emergency Needs $20,089.00 $75,896 $95,985
Indirect Costs $78,970.00 $718,283 $797,253
Marketing/Outreach $0 $20,000 $20,000
Subcontracts-marketing/outreach $0 $20,000 $20,000
Subtotal $630,541 $5,641,086 $6,271,627
TOTAL: $689,352 $6,484,520 $7,173,872

Source of Other Funds
Antioch CDBG $940,000
Pittsburg CDBG $534,368
Walnut Creek CDBG $342,465
Contra Costa CDBG $3,927,687
ESG Contra Costa $130,000
ESG State $130,000
Foundations,
Individuals and other
Fundraising
$480,000
TOTAL: $6,484,520

Exhibit C
Community Development Block Grant (CDBG)
Request for Reimbursement Procedures
The pre-reimbursement requirements, procedures and back-up documentation required for requesting payment from Concord uses an online Request for Reimbursement form on City Data Services.

APPLICABLE FEDERAL REGULATIONS
 Circular A-110: Administrative Requirements for Federal Grants Awarded to Non-Profit Organizations  Circular A-122: Cost Principles for Non-Profit Organizations The OMB circulars can be downloaded off the Internet by going to the website http://www.hud.gov (click on search, which brings up a site index, click on publications, click on OMB circulars).

GENERAL INFORMATION
 Requests for Reimbursement are paid, as the name implies, on a reimbursement basis and should be submitted at a minimum quarterly, or more frequently, if needed.
 To the extent practicable, CDBG funds should, during the year, be disbursed on a pro rata basis with other finances provided to the project.
 Current quarterly reports MUST be received in order to process any claim for payment.  If changes in staff occur during the program year, written notification must be sent to affected Consortium members, and the program staff list must be updated in City Data Services, within 10 working days.  If your organization moves to a new location, please notify CDBG staff of the new address in writing in a timely manner.
 Agencies that expend $500,000 or more in a year in Federal awards are required to have a single audit conducted for that year. Please upload a copy of the Single Audit in City Data Services and notify ALL funding jurisdictions.

BEFORE PROCESSING REQUESTS FOR REIMBURSEMENT, THE FOLLOWING MUST BE PROVIDED:
 A fully executed project agreement.
 Current insurance certificate(s). Insurance must be kept current throughout the contract year.  A program staff list (if funding is for personnel) listing all employees who will be working on the program along with their titles, list of CDBG activities and tasks, hourly pay rates or billable rates and approximate percentage of a full time equivalent (FTE) to be spent on the program per pay period.  An Authorized Signatory Form uploaded to City Data Services.  Completed NEPA review and, if applicable, obtained a release of funds from HUD. (Completed by CDBG Staff)

SUBMITTING CITY REQUESTS FOR REIMBURSEMENT
 To request payment from Consortium cities, use the Request for Reimbursement form on City Data Services.  In City Data Services, complete the following:
1) Expense Summary;
2) Quarterly Sources and Uses Report. Click on “import expenses from expense summary” to populate the expense fields;
3) Request for Reimbursement. Click on “import values” for the appropriate quarter to populate the fields with expenses from the Sources and Uses.

 Submit the form. Go to the yellow Reports page and print the form. The submitted Request for Reimbursement must have an original signature in blue ink. Mail to the city contact for which you are requesting reimbursement along with any necessary backup documentation. Attach the Daily Time Tracking Sheet for staff being paid by CDBG and also upload it to the Expense Summary in City Data Services.  To the Request for Reimbursement form, attach the Expense Summary Form from City Data Services which details all personnel and operating expenses.
 Before submitting your final Request for Reimbursement, if it appears that you will exceed a line item by more than 10%, request a budget modification from your city grant contact.

REQUIRED DOCUMENTATION FOR ALL REQUESTS FOR REIMBURSEMENTS Ongoing Subrecipients (funded in the prior program year) are required to submit:
 A detailed Expense Summary Form in City Data Services with each reimbursement request along with vendor invoices.
 The personnel expense summary will show for each employee whose costs are being claimed: the number of hours worked on the program each pay period, the number of hours for which reimbursement is being requested, the hourly pay rate/billable rate and the corresponding check numbers and check dates, as well as the amounts being claimed for taxes and benefits.
 The operating expense summary will show the amounts being claimed for reimbursement along with the corresponding vendor references, payment dates and check numbers.  NEW: Daily Time Tracking Sheet with a breakdown of staff hours, activities and tasks for each CDBG jurisdiction.

New Subrecipients are required to submit:
 The Expense Summary Form AND for the first six months of the program year source documentation for personnel costs claimed, consisting of employee time sheets and payroll registers/earnings reports.  Copies of vendor invoices AND for the first six months of the program year copies of the checks.  Time Tracker Activity Log with a breakdown of staff hours, activities and tasks for each CDBG jurisdiction.

NON-ALLOWABLE EXPENSES
It is our policy not to reimburse Subrecipients for the following expenses:
 cost of food, drinks, or food related items, unless these expenses directly pertain to the program services provided  computer hardware or software costs (unless prior approval is granted)  cellular phone expense (unless prior approval is granted)  fundraising costs
 costs of recruiting staff or volunteers
 employee bonuses
 training costs, unless the training directly pertains to the provision of program services.

AFTER DEMANDS ARE RECEIVED
 After receiving requests for payment, CDBG staff review them for compliance with project agreement specifications, eligibility of expenses, and compliance with regulations.  Demands take approximately two to three weeks to process providing everything is in order.  Payment of demands is contingent on the timely submission of all required reports.

AMENDMENT TO AGREEMENT (CDBG-CV 20-23)

BETWEEN CITY OF CONCORD
AND

ECHO HOUSING

COMMUNITY DEVELOPMENT BLOCK GRANT – CORONAVIRUS RESPONSE GRANTS

This Amendment is to the Agreement entered into on September 1, 2020, (“EFFECTIVE DATE”) by and between the CITY OF CONCORD, a municipal corporation, (“CITY”) and ECHO Housing (hereinafter "SUBRECIPIENT").

WHEREAS, the CITY and SUBRECIPIENT entered into an agreement dated September 1, 2020, to provide needed services to low and moderate-income persons within the CITY impacted by the COVID- 19 crisis, which would not otherwise be possible without these funds, and;

WHEREAS, the parties hereto desire to amend the agreement to extend the term of the Agreement through June 30, 2023, without change to the payment amount.

NOW, THEREFORE, in consideration of the promises and conditions set forth herein, the parties mutually agree to the following amendments. All language in the Agreement not referenced in this Amendment shall remain unchanged:

I. SCOPE OF SERVICE:

A. National Objectives
The Subrecipient certifies, and agrees to maintain documentation that demonstrates that the activities carried out with funds provided under this Agreement meet CDBG-CV Program's national objective of benefiting low/moderate income persons impacted by the COVID-19 crisis.

The individuals served by the Program must be extremely low-, very low- and low-income as defined by the U.S. Department of Housing and Urban Development (HUD). Low-income households are defined as households at or below eighty percent (80%) of the area median income (AMI) as adjusted for household size and defined by HUD for the Oakland Primary Statistical Area. Very low-income households are defined as households with incomes at or below fifty percent (50%) of the AMI. Extremely low-income households are defined as households with incomes at or below thirty percent (30%) of the AMI. CDBG-CV maximum income limits for extremely low-, very low-, and low-income households are provided in Exhibit A.

For the purposes of this Program, required client income documentation is as follows:

Demonstration of participation in Medi-Cal, Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), or other public assistance or public welfare program, at least as restrictive as that used by HUD. This may be documented by including a copy of the Medi-Cal card, etc. included in each case file. If a client does not participate in one of the above programs, the Subrecipient must document income by obtaining copies of pay stubs, third party verification, bank account statements, etc. This documentation must also be included in each case file.

Attachment 2

B. Levels of Accomplishment
In addition to the normal administrative services required as part of this Agreement, the Subrecipient agrees to operate the Program throughout the term of this Agreement. The Subrecipient is responsible for employing a trained and qualified staff and a sufficient number of volunteers needed to carry out the Program.

Objective: Creating a Suitable Living Environment.

Outcome: Availability/Accessibility.

Indicator: Number of persons assisted with access to new or improved services.

Primary Outcome/Goal statement: The Tenant/Landlord Counseling Services and Legal Services program will help to prevent homelessness by providing intake, counseling and legal services to tenants at risk of eviction to help them maintain their housing. Assistance will be provided to 150 households.

II. TIME OF PERFORMANCE, is hereby amended to read as follows:

Services of the Subrecipient shall start on the 1st day of September, 2020, and end on the 30th day of June, 2023, as amended by this Agreement unless earlier terminated in accordance with the terms of this Agreement. The term of this Agreement and the provisions herein may be extended to cover any additional time period during which the Subrecipient may remain in control of CDBG-CV funds or other assets including program income, at City's sole discretion.

Quarterly report, Expense Summary, Sources and Uses report, Request for Reimbursement and Board of Directors meeting minutes are due no later than:

Period to be covered Due Date
Quarterly Report (July 1, 2022 – September 30, 2022) October 15, 2022 Quarterly Report (October 1, 2022 - December 31, 2022) January 15, 2023 Quarterly Report (January 1, 2023 - March 31, 2023) April 15, 2023 Quarterly Report (April 1, 2023 - June 30, 2023) July 15, 2023 Closeout Reports As Requested

III. PAYMENT
It is expressly agreed and understood that the total amount to be paid by the CITY under this Agreement shall not exceed Two Hundred Forty-Five Thousand Dollars ($245,000 CDBG- CV funds). To the extent practicable, the use of CDBG-CV funds shall be used on a pro rata basis with other funds provided to or by Subrecipient for this Program. Demands for the payment of eligible expenses shall be based upon information submitted by the Subrecipient consistent with the approved Annual Agreement Budget, attached hereto and made a part hereof as Exhibit B. Demands for payment must be completed online in CITY Data Services and a signed hard copy mailed via United States Postal Service with the backup specified in the Consortium Demand Procedures (Exhibit C). At a minimum, demands must be submitted on a quarterly basis. Demands may be submitted more frequently, if needed. The payment of demands is

contingent upon the timely submission of Quarterly Reports, Sources and Uses reports, and any other required reports and/or documents.

Payments may be contingent upon certification of the Subrecipients financial management system in accordance with the standards specified in OMB Circular A-110, and as specified in Section VII C.4, Payment Procedures.

IV. NOTICES
All notices required by this Agreement must be in writing and delivered via United States Postal Service, certified and with postage prepaid or by commercial courier or personal delivery. Any notice delivered or sent in the manner described above shall be effective on the date of delivery or sending. All notices and other written communication concerning this Agreement and/or any amendments hereto shall be directed to the following, unless otherwise modified by written notice:

TO CITY: Brenda Kain,
Housing Manager
City of Concord
1950 Parkside Drive, MS/10A
Concord, CA 94519-2578
Telephone: 925-671-3088
E-mail: [email protected]

TO SUBRECIPIENT: Marjorie Rocha, Executive Director
22551 Second St Suite 200
Hayward, CA 94541
Telephone: 510-581-9380
Email: [email protected]

Except as expressly amended herein, all terms and conditions of the Agreement remain in full force and effect.

IN WITNESS WHEREOF, the parties have executed this Agreement.

ECHO Housing, a nonprofit corporation:

By:______________________________
Marjorie Rocha
[email protected]
Executive Director

By:______________________________
Daniel Taylor
[email protected]
Board Chair

CITY of Concord, a municipal corporation:

By:______________________________
Valerie Barone
City Manager

ATTEST:

APPROVED AS TO FORM

_______________________
Joelle Fockler, MMC
City Clerk

______________________________
Susanne Meyer Brown
City Attorney

FINANCE DIRECTOR'S CERTIFICATION: CONCORD, CA DATE:_____________

I hereby certify that adequate funds exist or will be received during the current fiscal year 2022/23 to pay the anticipated expenses to be incurred pursuant to this contract. To wit: the sum of $245,000 (CDBG-CV) from Account # 254 9500 C999-66000 / 254 2544 211-66000

_______________________________

FINANCE DIRECTOR'S SIGNATURE

Exhibit A
Income Limits

CONTRA COSTA COUNTY

CDBG PROGRAM
Income Limits by Household Size
Effective May 2022
Persons
per
Household
Maximum income of households which are:

Extremely
Low-Income
(30% of AMI)
Very-low
Income
(50% of
AMI)
Low Income
(80% of
AMI)
1 $30,000 $50,000 $74,200
2 $34,300 $57,150 $84,800
3 $38,600 $64,300 $95,400
4 $42,850 $71,400 $106,000
5 $46,300 $77,150 $114,500
6 $49,750 $82,850 $123,000
7 $53,150 $88,550 $131,450
8 $56,600 $94,250 $149,950
- Extremely low-income households are defined as
households earning 30 percent or less of area median
income (AMI) ;
- Very-low income households earn 50 percent or less AMI; - Low-income households earn 80 percent or less AMI
subject to HUD caps; and median income households earn
100 percent AMI.

Source: U.S. Department of Housing and Urban Development.

EXHIBIT B - FY 2022/23AGREEMENT BUDGET
Agency: ECHO Housing
Program: Tenant/Landlord Counseling and Dispute Resolution Services Budget Item
Concord

CDBG-CV
Funds
Other Funds Total
Staff Salaries
Executive Director 10% FTE $1,829.00 $13,781 $15,610 Executive Assistant 6% FTE $834.00 $6,285 $7,119
Sr. Bookkeeper 8% FTE $1,310.00 $9,868 $11,178
Asst. Bookkeeper 1% FTE $0.00 $924 $924
Office Manager 10% FTE $1,176.00 $8,858 $10,034
Housing Programs
Coordinator 6% FTE $834.00 $6,285 $7,119
Tenant/Landlord
Counselor CCC 84% FTE $11,794.00 $44,291 $56,085
Tenant/Landlord
Counselor 0% FTE $0 $35,544 $35,544
Housing Counselor -
SL 0% FTE $0 $6,003 $6,003
Employee Benefits $2,238.00 $16,852 $19,090
Employee Taxes $1,558.00 $11,574 $13,132
Subtotal $21,573 $160,265 $181,838
Other Expenses
Rent $1,322.00 $15,427 $16,749
Office Supplies $172.00 $1,276 $1,448
Telephone $363.00 $4,552 $4,915
Travel $0 $500 $500
Advertising $546.00 $2,637 $3,183
Training/Education $85.00 $1,432 $1,517
Memberships/Publication $22.00 $169 $191
Subcontract w/Attorney $0.00 $27,318 $27,318
Clinic Fees $0.00 $9,051 $9,051
Indirect Costs $917.00 $6,913 $7,830
Subcontract w/Centro Legal $220,000.00 $630,000 $850,000 Subtotal $223,427 $699,275 $922,702
TOTAL: $245,000 $859,540 $1,104,540

Source of Other Funds
Antioch CDBG $90,000
Contra Costa CDBG $600,000
Local/CPHHCD $40,000
CDBG $114,540
Local $15,000
TOTAL: $859,540

Community Development Block Grant (CDBG-CV)
Request for Reimbursement Procedures

The pre-reimbursement requirements, procedures and back-up documentation required for requesting payment from Concord uses an online Request for Reimbursement form on City Data Services.

APPLICABLE FEDERAL REGULATIONS
 Circular A-110: Administrative Requirements for Federal Grants Awarded to Non-Profit Organizations  Circular A-122: Cost Principles for Non-Profit Organizations The OMB circulars can be downloaded off the Internet by going to the website http://www.hud.gov (click on search, which brings up a site index, click on publications, click on OMB circulars).

GENERAL INFORMATION
 Requests for Reimbursement are paid, as the name implies, on a reimbursement basis and should be submitted at a minimum quarterly, or more frequently, if needed.  To the extent practicable, CDBG-CV funds should, during the year, be disbursed on a pro rata basis with other finances provided to the project.
 Current quarterly reports MUST be received in order to process any claim for payment.  If changes in staff occur during the program year, written notification must be sent to affected Consortium members, and the program staff list must be updated in City Data Services, within 10 working days.
 If your organization moves to a new location, please notify CDBG-CV staff of the new address in writing in a timely manner.
 Agencies that expend $500,000 or more in a year in Federal awards are required to have a single audit conducted for that year. Please upload a copy of the Single Audit in City Data Services and notify ALL funding jurisdictions.

BEFORE PROCESSING REQUESTS FOR REIMBURSEMENT, THE FOLLOWING MUST BE PROVIDED:
 A fully executed project agreement.
 Current insurance certificate(s). Insurance must be kept current throughout the contract year.  A program staff list (if funding is for personnel) listing all employees who will be working on the program along with their titles, list of CDBG-CV activities and tasks, hourly pay rates or billable rates and approximate percentage of a full time equivalent (FTE) to be spent on the program per pay period.  An Authorized Signatory Form uploaded to City Data Services.  Completed NEPA review and, if applicable, obtained a release of funds from HUD. (Completed by CDBG-CV Staff)

SUBMITTING CITY REQUESTS FOR REIMBURSEMENT
 To request payment from Consortium cities, use the Request for Reimbursement form on City Data Services.
 In City Data Services, complete the following:
1) Expense Summary;
2) Quarterly Sources and Uses Report. Click on “import expenses from expense summary” to populate the expense fields;
3) Request for Reimbursement. Click on “import values” for the appropriate quarter to populate the fields with expenses from the Sources and Uses.

Exhibit C

 Submit the form. Go to the yellow Reports page and print the form. The submitted Request for Reimbursement must have an original signature in blue ink. Mail to the city contact for which you are requesting reimbursement along with any necessary backup documentation. Attach the Daily Time Tracking Sheet for staff being paid by CDBG-CV and also upload it to the Expense Summary in City Data Services.
 To the Request for Reimbursement form, attach the Expense Summary Form from City Data Services which details all personnel and operating expenses.
 Before submitting your final Request for Reimbursement, if it appears that you will exceed a line item by more than 10%, request a budget modification from your city grant contact.

REQUIRED DOCUMENTATION FOR ALL REQUESTS FOR REIMBURSEMENTS Ongoing Subrecipients (funded in the prior program year) are required to submit:
 A detailed Expense Summary Form in City Data Services with each reimbursement request along with vendor invoices.
 The personnel expense summary will show for each employee whose costs are being claimed: the number of hours worked on the program each pay period, the number of hours for which reimbursement is being requested, the hourly pay rate/billable rate and the corresponding check numbers and check dates, as well as the amounts being claimed for taxes and benefits.
 The operating expense summary will show the amounts being claimed for reimbursement along with the corresponding vendor references, payment dates and check numbers.  NEW: Daily Time Tracking Sheet with a breakdown of staff hours, activities and tasks for each CDBG-CV jurisdiction.

New Subrecipients are required to submit:
 The Expense Summary Form AND for the first six months of the program year source documentation for personnel costs claimed, consisting of employee time sheets and payroll registers/earnings reports.
 Copies of vendor invoices AND for the first six months of the program year copies of the checks.  Time Tracker Activity Log with a breakdown of staff hours, activities and tasks for each CDBG-CV jurisdiction.

NON-ALLOWABLE EXPENSES
It is our policy not to reimburse Subrecipients for the following expenses:
 cost of food, drinks, or food related items, unless these expenses directly pertain to the program services provided
 computer hardware or software costs (unless prior approval is granted)  cellular phone expense (unless prior approval is granted)  fundraising costs
 costs of recruiting staff or volunteers
 employee bonuses
 training costs, unless the training directly pertains to the provision of program services.

AFTER DEMANDS ARE RECEIVED
 After receiving requests for payment, CDBG-CV staff review them for compliance with project agreement specifications, eligibility of expenses, and compliance with regulations.  Demands take approximately two to three weeks to process providing everything is in order.  Payment of demands is contingent on the timely submission of all required reports.

Staff Report
Date: December 13, 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: Justine Gee, PE, Associate Civil Engineer
[email protected]
(925) 671-3284
Subject: Considering approval of Task Order #4 with LCC Engineering & Surveying, Inc. (LCC) of Martinez, California, in the not-to- exceed amount of $168,718 (base agreement of $153,380 plus Staff authority to spend up to a 10% contingency of $15,338) to provide design and related services for Pavement Maintenance – Zone 3N (Project No. 2623), generally residential streets bordered by Meadow Lane to the northeast, Monument
Boulevard to the southeast, Lacey Lane/Tilson Drive/Aspen Drive to the southwest, and Gelbke Lane to the northwest; and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney (Measure J Local Funds and Capital Projects General Fund).

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

Report in Brief
The Pavement Maintenance – Zone 3N (Project No. 2623) will involve pavement maintenance and rehabilitation in Maintenance Zone 3, Neighborhood N. The project area is on residential streets bordered by Meadow Lane to the northeast, Monument Boulevard to the southeast, Lacey Lane/Tilson Drive/Aspen Drive to the southwest, and Gelbke Lane to the northwest.

4.f4.f

City Council Agenda Report
Agenda Item No. 4.f
December 13, 2022
Design engineering services for this project include development of plans, specifications, construction cost estimates, public outreach, and pavement investigations/testing. Along with pavement rehabilitation, design includes the curb ramp upgrades at intersections to meet accessibility standards, sidewalk or curb and gutter repairs, restriping, and the addition of a Class III bike route on Gelbke Lane. Staff recommends LCC Engineering and Surveying, Inc. (LCC) to design and prepare bid documents.

Design efforts for Pavement Maintenance – Zone 3N are expected to start in January 2023, and be completed by September 2023. Following design, staff will advertise the project for construction bids; advertising in winter will lead to more competitive bid prices. The project is fully funded by both Measure J Local Funds and Capital Projects General Fund, and construction is anticipated to begin in spring 2024.

Recommended Action
Considering approval of Task Order #4 with LCC of Martinez, California, in the not-to- exceed amount of $168,718 (base agreement of $153,380 plus Staff authority to spend up to a 10% contingency $15,338) to provide design engineering and related services for Pavement Maintenance – Zone 3N (Project No. 2623), generally residential streets bordered by Meadow Lane to the northeast, Monument Boulevard to the southeast, Lacey Lane/Tilson Drive/Aspen Drive to the southwest, and Gelbke Lane to the northwest; and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney, and make the CEQA determinations as provided in this staff report.

Background
On June 28, 2022, City Council adopted the 2-year CIP Budget for FY 2022/2023 and FY 2023/2024, which included the Pavement Maintenance – Zone 3N (Project No. 2623).

Analysis
Engineering design services are needed to initiate project design, and develop project plans, specifications, and final construction cost estimates.

The preliminary schedule calls for design to begin in January 2023 and to be completed in September 2023. Following design, staff will advertise for construction bids.

Construction is anticipated for spring 2024.

Procurement Process
On October 11, 2022, in conformance with the City’s purchasing policies, staff contacted and issued an informal Request for Proposal (RFP) for LCC under the Master Service Agreement (MSA) for Civil Engineering/Design to provide design engineering and related services for Pavement Maintenance – Zone 3N (Project No. 2623). The proposal was received and reviewed by City staff.

City Council Agenda Report
Agenda Item No. 4.f
December 13, 2022
City Staff and LCC negotiated the scope of work and cost for the services and agreed upon $153,380 as fair and reasonable compensation for the services needed to complete the design phase of the project. As the Task Order is over $75,000, Council approval is required.

LCC has extensive experience in the design of similar residential paving projects in the Bay Area. They were the designer of two recent/current City of Concord projects, including the Monument Boulevard Class 1 Path (Project No. 2455) and Pavement Maintenance – Zone 5J (Project No. 2526).

Financial Impact
Project No. 2623 is fully funded by the Capital Projects General Fund (Fund 400) and Measure J funds (Fund 485). Based on the estimated cost, sufficient funds exist in the current budget to fully fund the design.

Environmental Determination
This design activity does not constitute a “project” within the meaning of Public Resources Codes Section 21065, CEQA Guidelines Section 15060(c)(2) and/or CEA Guidelines Section 15378 because there is no potential that it will result in a direct or reasonable foreseeable indirect physical change in the environment. Even if the activity does comprise a project for CEQA analysis, it falls within the “common sense” CEQA exemption set forth in CEQA Guidelines Section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. This determination reflect the City’s independent judgment and analysis. Individual projects will undergo CEQA analysis as necessary.

Public Contact
The City Council Agenda was posted.

Attachment

1. Project Location Map

ATTACHMENT 1

Project Location Map
Pavement Maintenance – Zone 3N (Project No. 2623)

PROJECT

LOCATION

Staff Report
Date: December 13, 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 adoption of a Resolution finding that there remains a reasonable relationship between current needs for the Offsite Street Improvement Program (OSIP), Art in Public Places, and Master Storm Drain Fees and the purposes for which they were originally charged. (Government Code
Section 66000 et. seq.)
CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060,
15061(b)(3), 15262, 15273, and/or 15378.

Report in Brief
Government Code Section 66006(b)(1) requires each local agency to make public a report on developer fees within 180 days after the close of each fiscal year. The City of Concord completed its year-end audit, and posted the required AB1600 report to the City’s website on November 23, 2022. Section 66006(b)(2) requires each local agency to review the report at a regularly scheduled public meeting, not less than 15 days after the information is made available to the public. This public hearing to review the report meets this requirement.

State law requires the City to spend or commit developer fees within five years of collection. If fees remain unexpended or uncommitted five years after collection, the City must make a finding that a reasonable relationship still exists between the current need

4.g4.g4.g4.g4.g

City Council Agenda Report
Agenda Item No. 4.g
December 13, 2022
for the fees and the purposes for which they were originally collected. This report satisfies the annual reporting requirement for developer fees.

Recommended Action
Adopt a Resolution (Attachment 1) finding that there remains a reasonable relationship between current needs for the Offsite Street Improvement Program (OSIP), Art in Public Places, and Master Storm Drain Fees, and the purposes for which they were originally charged (Government Code Section 66000 et seq.).

Background
AB 1600 (Statutes of 1998, Mitigation Fee Act), codified as Government Code Sections 66000 et seq. governs how public agencies collect, maintain, and spend impact fees imposed on developers for the purpose of defraying costs of public facilities. AB 1600 sets forth a number of requirements that local agencies must follow if they exact fees from developers to defray the cost of constructing public facilities related to development projects, and mandates reporting requirements for these fees. The required report consists of a brief description of the fee type in the account or fund, the amount of the fee, the beginning and ending balance of the account or fund, the amount of fees collected and the interest earned.

Through the General Plan and various fee studies, the City of Concord has established the nexus between development, the capital improvements necessary to mitigate the effects of development, and approved fees to fund the mitigation measures.

Analysis
During the previous fiscal year, the City collected certain developer fees that are subject to the reporting requirement. These developer fees are Traffic Mitigation (Off-Site Street Improvement Program (OSIP) and Bailey Road Traffic Improvements fees) and Drainage Acreage fees. The City no longer collects Arts in Public Places fees, which the Council rescinded in 1996. Although Parkland in-lieu fees are not covered by AB1600, staff has included information on the status of the Parkland in-lieu fees in this report for consistent reporting purposes only. The various fees are listed on the attached transaction report along with detailed expenditure and revenue reports for each fee the City collected (Attachment 2). Not all development projects are required to pay each fee.

There are seven reporting requirements for fees that the local agency must adhere to each fiscal year:

1. Deposit the fees collected into separate capital facilities funds or accounts for each improvement funded with impact fees in a manner to avoid co-mingling of fees with any other revenue, except for temporary investment purposes, and expend those fees solely for the purpose for which the fees were collected (Section 66006(a)).

City Council Agenda Report
Agenda Item No. 4.g
December 13, 2022

2. Deposit all interest income earned by the fees in the same fund; interest income must be spent solely on the purpose for which the fee was originally collected (Section 66006(a)).

3. Within 180 days after the close of each fiscal year, prepare a public report concerning each impact fee fund. Such report must include the fund's beginning and ending balance for the fiscal year, amount of fees and interest deposited into the fund for the fiscal year, and a description of each expenditure from the fund for that year, including identification of the improvement being funded (Section 66006(b)).

4. Review the report at a public meeting not less than 15 days after the report is released to the public (Section 66006(b)(2)).

5. If fees remain unexpended or uncommitted five years after being collected, the local agency is to make a finding that there remains a reasonable relationship between the current need for the fees and the purposes for which they were originally collected (Section 66001(d)).

6. Refund to current owner of lots, units or developed projects any fees, with accrued interest, for which continued need cannot be demonstrated (Section 66001(e)).

7. A local agency may not spend impact fees for maintenance or operation of improvements funded with impact fees (Section 65913.8).

The City is in compliance with all seven reporting requirements mentioned above. With respect to fees collected from developers that are not expended within five years, state law recognizes that some project costs can be of a magnitude that it takes more than five years to accrue adequate funds, or that matching funds may not be available within the five-year period.

In accordance with requirement No. 5 above, the City Council must make findings that there is a reasonable relationship between the current need for the fees and the purposes for which they were originally charged. The fees in question are noted below in the Fund Summary section. If Council concurs that a relationship exists between the fees collected and their intended purpose, Resolution (Attachment 1) makes the necessary findings to ensure continued funding of these important programs.

Development Impact Fee Fund Summary
As required, below is a summary of each of the Development Impact Fee funds below, including fund balance and any relevant project information.

Art in Public Places Fees: The City rescinded this fee in 1996 and has since expended all the original fee revenues collected prior to that time. Revenues are occasionally added to the fund, so the reporting of these funds are included in the annual AB1600 reports. The attached report shows a fund balance of $72,527. The fund supports

City Council Agenda Report
Agenda Item No. 4.g
December 13, 2022
ongoing public art projects and they will continue to be used for their intended purpose.

Per attachment 3, $25,000 was previously assigned by Council for the next Sister City event, leaving an unallocated balance of $47,527.

Traffic Mitigation Fees: As of June 30, 2022, the Traffic Mitigation Fees fund had a balance of $3,327,381 with $69,277 allocated to projects, leaving a fiscal year-end unallocated fund balance of $3,258,104 (Attachment 3). Traffic Mitigation Fund monies are programmed as part of the Ten-Year Traffic Improvement Program (TIP), which is the long range planning and funding tool for transportation projects within the combined Fiscal Year 2022-2023 and Fiscal Year 2023-2024 Capital Improvement Budget (CIP).

The City intends to use a portion of the unallocated funds for current and future active projects (Attachment 4). Additionally, the City must have adequate funds on hand to leverage and provide matching funds as required when other fund sources become available for OSIP identified transportation projects. A portion of the unallocated fund balance will be used for that purpose. If any fees are not expended within the five-year requirement, projects are programmed that will utilize development fees, thereby complying with AB 1600 requirements.

Master Storm Drain/Drainage Acreage Fees: As of June 30, 2022, the City has a total unallocated fund balance of $715,399 collected from its 12 storm drain zones. The City's Drainage Acreage fees range between $2,178 and $4,211 per acre, resulting in a slow build-up of developers' contributions in each of the storm drain zones. These fees are used to fund capital projects consistent with the Storm Drain Master Plan. Staff is working actively with the Federal Emergency Management Agency (FEMA) to identify improvement projects that will benefit the watersheds for these drainage areas within the City. As sufficient funds become available to complete projects, the funds will be programmed into CIP projects.

Parkland Dedication In-lieu Fee: Parkland in-lieu fees are not subject to AB1600 and its reporting requirements. However, for transparency purposes and ease of reporting, staff has included information regarding these fees at this time. The City collects Parkland in- lieu fees from residential developers who are responsible for providing parkland and recreation sources for Concord’s citizens. Developers may choose to pay a fee in-lieu instead. Per attachment 3, the balance in Parkland Zone A fund is $4,825,828.

Financial Impact
Adoption of the Resolution (Attachment 1) will allow the City to continue programming Traffic Mitigation Fees, Drainage Acreage, and Art in Public Places funds that are more than five years old. Without this Resolution, the City would need to refund these monies, and would then not be able to implement the projects identified.

Environmental Determination
Council action on this item is statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15262 (Feasibility and

City Council Agenda Report
Agenda Item No. 4.g
December 13, 2022
Planning Studies), 15273 (Rates, Tolls, Fares, and Charges),does not constitute a "project" within the meaning of CEQA Guidelines Section 15060(c)(2) and CEQA Guidelines Section 15378 (including subsections 15378(b)(2), (4) and/or (5)), does not commit the City to a definite course of action, does not constitute discretionary approval of a specific project, and will not result in a direct or reasonably foreseeable indirect physical change in the environment. If Council action on this item were determined to be a “project” for CEQA analysis, this activity falls within the "Common Sense" CEQA exemption set forth in CEQA Guidelines Section 15061(b)(3). No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. This determination reflects the City’s independent judgment and analysis. Individual projects will undergo CEQA analysis as necessary.

Public Contact
The City Council Agenda was posted. In addition, the Building Industry Association and the Concord Chamber of Commerce were notified about the December 13, 2022 meeting to review the Fiscal Year’s 2021-22 report and informed them as to the location of the report on the City’s website.

Attachments

1. Resolution Finding that there Remains a Reasonable Relationship

2. Revenues & Expenditures Summary

3. Allocated/Unallocated Fund Balances

4. Transportation Improvements Program Projects with Traffic Mitigation Program Funding

Res. No. 22-XX 1

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Finding that there Remains a
Reasonable Relationship between Current Needs for
the Offsite Street Improvement Program (OSIP), Art
in Public Places, and Master Storm Drain Fees, and
the Purposes for which they were Originally Charged
(Government Code Section 66000 et seq.)
Resolution No. 22-XX
/
WHEREAS, the City’s Transportation Element of the adopted General Plan identifies improvements necessitated by continued development in the City and an Offsite Street Improvement Program to pay for development impacts has been authorized by Sections 19.25 et seq. of the Concord Municipal Code and is implemented through Policy & Procedure No. 144; and WHEREAS, the City has developed a Drainage Area Master Plan as part of the City’s adopted General Plan Drainage Element and subdivided that area into sub-areas and thereby established specific areas of common benefit to landowners within these subdivided areas as authorized by Section 13.15 et seq.. of the Concord Municipal Code; and WHEREAS, in 1996, the City Council rescinded the Arts in Public Places fees and subsequently directed staff to conduct a study to identify options for using the funds; and WHEREAS, the City has established discrete accounts and fees to finance the construction of street and drainage improvements as mitigation measures for continued development within the City; and
WHEREAS, the City biennially adopts a comprehensive Capital Improvement Program to prioritize identified street and drainage improvements and allocates funds to construct the improvements as mitigation for the continued development in the City; and WHEREAS, these improvements are scheduled to be constructed over time as sufficient funds become available; and
WHEREAS, these identified improvements are of such size that sufficient funds have not been collected or obtained in order to construct these improvements by expending fees collected within the five-year expenditure period by Government Code Section 66001(d); and Attachment 1

Res. No. 22-XX 2
WHEREAS, there continues to be a distinct nexus between continued development and the necessity to mitigate development impacts on traffic circulation and drainage; and WHEREAS, fees collected previously and in the future as Offsite Street Improvement Fee and Drainage Acreage Fees are necessary to fund identified street and drainage improvements; and WHEREAS, fees collected previously for the Arts in Public Places fees are necessary to fund Arts and Cultural Projects.

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

Section 1. The foregoing recitals are true and correct.

Section 2. Council action on this item is statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15262 (Feasibility and Planning Studies), 15273 (Rates, Tolls, Fares, and Charges),does not constitute a "project" within the meaning of CEQA Guidelines Section 15060(c)(2) and CEQA Guidelines Section 15378 (including subsections 15378(b)(2), (4) and/or (5)), does not commit the City to a definite course of action, does not constitute discretionary approval of a specific project, and will not result in a direct or reasonably foreseeable indirect physical change in the environment. If Council action on this item were determined to be a “project” for CEQA analysis, this activity falls within the "Common Sense" CEQA exemption set forth in CEQA Guidelines Section 15061(b)(3). No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. This determination reflects the City’s independent judgment and analysis. Individual projects will undergo CEQA analysis as necessary.

Section 3. The City Council of the City of Concord hereby finds the following as required by Government Code Section 66001(d) and based upon review of the Annual Development Impact Fee Report for FY 2021-2022:
a. The purpose of the development impact fees has been identified. b. There is a continued need for improvements and that there is reasonable relationship between the fees and the impacts for development for which the fees are collected. c. There remains a reasonable relationship between the current need for the Offsite Street

Res. No. 22-XX 3
Improvement Program, Master Storm Drain, and Art in Public Places fees and the purpose for which they were originally identified.
d. The Sources and amounts of funding anticipated to complete the financing of improvements has been identified.
e. The approximate dates for funding capital improvements are included in the City’s 2022- 23/2023-24 Capital Improvement Program, unless the improvements are longer term projects or are planned by another agency.

Section 4. This resolution shall become effective immediately upon its passage and adoption.

PASSED AND ADOPTED by the City Council of the City of Concord on December 13, 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 13, 2022.

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney

Attachment 2
FY22
OSIP CITYWIDE FUND 410

REVENUES & EXPENDITURES
FY18 to FY22
FY18 FY19 FY20 FY21 FY22

REVENUE
Fees -$ -$ -$ -$ -$
Interest - - - - -
Other Revenue - - - - -
Total -$ -$ -$ -$ -$

EXPENDITURES
Traffic Signal Geom. ImpDesign 2284 -$ -$ -$ -$ -$ Total -$ -$ -$ -$ -$
Rev/over(under) Exp -$ -$ -$ -$ -$

OTHER FINANCING SOURCES (USES)
Transfer In -$ -$ 200,000$
Transfers Out - - - (200,000) (14,808) Total -$ -$ 200,000$ (200,000)$ (14,808)$ Excess(Deficiency) of Rev & Other Source
Over(Under) Exp & Other Financing Uses -$ -$ 200,000$ (200,000)$ (14,808)$ FUND BALANCES, JULY 1 14,808$ 14,808$ 14,808$ 14,808$ 14,808$ FUND BALANCES, JUNE 30 14,808$ 14,808$ 214,808$ (185,192)$ (0)$