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
Tuesday,
February 28, 2023
6:30 p.m. - Open Session Council Chamber
1950 Parkside Drive
and/or Various
telephonic/electronic
locations
*IMPORTANT NOTICE ABOUT PUBLIC COMMENTS AND MEETING PARTICIPATION* UPDATED FEBRUARY 23, 2023
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.
City Councilmembers will be participating from the Council Chamber. Members of the public are invited to attend and participate at: Council Chamber, 1950 Parkside Drive, Concord, CA.
As a courtesy and technology permitting, members of the public may continue to provide live remote oral public comment via the City’s Zoom Platform. However, the City cannot guarantee that the public’s access to teleconferencing technology will be uninterrupted, and technical difficulties may occur from time to time. In those instances, so long as the public may still attend the meeting in person, the meeting will continue. Members of the public desiring to provide comments as a part of the meeting are encouraged to either submit written comments by 3:00 p.m. prior to the meeting or to attend the meeting in person. 2 HOW TO PARTICIPATE
The public is invited to participate in the City Council meeting using any of the following methods:
1. IN PERSON:
a.Members of the public can provide in-person comments in the Council Chamber.
Members of the public are encouraged, but not required, to fill out a speaker card. The Council Chamber will have seating available for members of the public to attend in person up to full seating capacity.
2. REMOTE:
a. Zoom:
https://cityofconcord.zoom.us/j/84203345733?pwd=djEraGNXTjhIZUdmTlAxaWd1WWx HZz09 or Zoom Webinar ID: 842 0334 5733 and Passcode: 958731 b.Zoom Phone Numbers. Dial Toll Free: (669) 900-6833 or (346) 348-7799 or (253) 215- 8782.
c.During the meeting, each period for public comment will be announced, and participants may use the “Raise Hand” feature on Zoom to request to speak. If calling in via Zoom use *9 to raise and lower your hand. The meeting host will call on you, by name, and promote you to panelist in the webinar so you can be seen via your camera. Please enable your microphone when it is your turn to speak. In order to ensure the orderly administration of the meeting using this method, providing your name is encouraged, but is not required. (If you need instructions on how to use this feature, please contact the City Clerk by 3:00 p.m. of the meeting date at [email protected]).
3. EMAIL:
a.Public comments can also be submitted via email to [email protected]. Please note that emailed comments will not be read aloud by staff. Any public comments received up until 3:00 p.m. of the meeting date will be:
1. distributed to the Council before the meeting,
2. posted online for public inspection at
https://stream.ci.concord.ca.us/OnBaseAgendaOnline/Meetings/Search, and
3. inserted into the meeting record.
b.As emails containing public meeting comments are part of the official record, note that personal contact information may be published if it is included with your email.
4. TO WATCH OR LISTEN ONLY:
a.Watch on TV on Comcast Channel 28, Astound/Wave Channel 1026, and AT&T U-verse Channel 99
b.Watch the TV broadcast through the City’s website by following THIS LINK c.Watching Live Streaming of the meeting by following THIS LINK d.Join the Zoom webinar by following THIS LINK
3 OPEN SESSION
1. OPENING
Roll Call
Pledge of Allegiance – Councilmember Obringer
2. PUBLIC COMMENT PERIOD
This is a 15-minute Public Comment Period for items within the City Council’s subject matter jurisdiction that are not on this agenda. Each speaker will be limited to approximately three minutes.
State law prohibits the City Council from acting at this meeting on any matter raised during the Public Comment Period. Please see “How to Participate” above.
a. Written Public Comment
3. PRESENTATIONS
a. Presentation – by Timothy Haile, Executive Director, Contra Costa Transportation Authority (CCTA), providing an update on CCTA programs and projects and discuss CCTA's vision for the future. Introduction by Mayor Hoffmeister.
b. Presentation – by Sam Caygill, League of California Cities, of the Helen Putnam Award for the A3 Program. Introduction by Mayor Hoffmeister. c. Presentation – Police Department Update from Concord Chief of Police Mark Bustillos. Introduction by Mayor Hoffmeister.
4. CITY COUNCIL CONSENT CALENDAR
The public is entitled to address the City Council on items appearing on the Consent Calendar before or during the City Council’s consideration of the Consent Calendar. Adoption of the Consent Calendar may be made by one motion of the City Council, provided that any Councilmember, individual or organization may request removal of an item from the Consent Calendar for separate consideration.
If a request for removal of an item from the Consent Calendar has been received, the Mayor may defer action on the particular item and place the same on the regular agenda for consideration in any order s/he deems appropriate. Please see “How to Participate” above. a. Considering – adoption of a Resolution proclaiming the end of the local emergency in the City of Concord in response to the COVID-19 pandemic as of February 28, 2023, consistent with the end of the statewide and countywide states of emergency. Recommended by the City Clerk.
CEQA: Not a project/exempt pursuant to CEQA Guidelines Sections 15060(c)(2), 15060(c)(3), 15061(b)(3), 15378, and/or Public Resources Code Section 21065.
4 b. Considering – the following:
1. Acceptance of improvements for the Ellis Lake Area Sanitary Sewer Improvement Project [Project No. 2447] located at Clayton Road, Detroit Avenue, Laguna Street, Todd Avenue, Toyon Drive, Pine Street, Leland Drive, Sunshine Drive, Oakmead Drive, Traynor Road, and Ashbury Drive; and directing the City Clerk to file a Notice of Completion.
2. Approval of a payment to the Contra Costa Water District in the amount of $29,215.49. Recommended by the Director of Community Development. c. Considering – approval of Task Order #2 with BKF Engineers of Walnut Creek, California, in the not-to-exceed amount of $225,830 (base agreement of $205,300 plus Staff authority to spend up to a 10% contingency of $20,530) to provide design and related services for Concord Boulevard Sewer and Streetscape Improvements (Project No. 2598), generally in the area west of Port Chicago Highway, north of Clayton Road, east of Market Street, and south of Almond Avenue; and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney (Sewer Operating 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). d. Considering – approval of a Professional Services Agreement with HdL Companies (HdL), for a not-to-exceed amount of $162,000 for the three-year term of the agreement, to provide support in checking for fiscal compliance with the development agreements of Concord based licensed retail cannabis stores; and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney. (Reimbursed by Retail Cannabis Businesses) Recommended by the Director of Finance.
CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(2), 15061(b)(3), 15306, 15309, 15378, and/or Public Resources Code Section 21065.
e. Considering – approval of Amendment No. 2 to the Task Order with Comstock, Johnson & Associates (CJA) in the amount of $41,964.50, for a new total of $112,977.00 for design engineering and related services for the Civic Center Roof Replacement Project (Project No. 2429); and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney (Measure Q, Measure V, Building Maintenance Funds).
Recommended by the Director of Community Development.
CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c)(2), 15378 and/or 15061(b)(3).
5 5. CORRESPONDENCE
Correspondence received at the City Council meeting will be listed here on the Annotated Agenda.
6. REPORTS AND ANNOUNCEMENTS
Closed Session Announcements
City Manager or Staff Reports
Council Reports
7. ADJOURNMENT
Next Meeting: Regular Meeting
Date: 3/7/2023 6:30 PM
NOTICE TO THE PUBLIC
There is a 90-day limit for the filing of a challenge in the Superior Court to certain City administrative decisions and orders which require a hearing by law, the receipt of evidence, and the exercise of discretion. The 90-day limit begins on the date the decision is final (Code of Civil Procedure §1094.6). Further, if you challenge an action taken by the City Council in court, you may be limited by California law to raising only those issues you or someone else raised in the hearing or in a written correspondence delivered to the City Council prior to or at the hearing.
In accordance with the Americans with Disabilities Act and California Law, it is the policy of the City of Concord to offer its public programs, services and meetings in a manner that is readily accessible to everyone, including those with disabilities. If you are disabled and require a copy of a public hearing notice, or an agenda and/or agenda packet in an appropriate alternative format; or if you require other accommodation, please contact the ADA Coordinator Tianjun Cao at (925) 671-3243 or [email protected], at least 24 hours in advance of the meeting. Advance notification within this guideline will enable the City to make reasonable arrangements to ensure accessibility.
From: John Tague <[email protected]>
Sent: Tuesday, February 28, 2023 12:00 PM
To: City Clerk <[email protected]>
Subject: City Council Meeting Citizen Correspondence General Public Comment
Council,
I just discovered a proposal about private security at Todos Santos Plaza. I hope you voted NO! Will the private security guards/porters be used to harass Concord Moms dressed up as hoes from protesting against you Pimping Out Our Public Pool? Perhaps the funding proposed can fund opening the pool so my kids can swim.
The citizens don't need to fund wages to some family/fraternity/club members of yours jobs to watch homeless people loiter all over our parks & do nothing effectively about it.
Sincerely,
John Tague
Written Public Comment
Agenda Item No. 2.a
February 28, 2023
2.a
CONNECTING COMMUNITIES
Tim Haile, Executive Director
Contra Costa Transportation Authority
3.a
What We Do
PEDESTRIAN
Improvements to sidewalks, crosswalks, trails, and paths
LOCAL STREETS
Smooth traffic flow on major roads and make surface improvements such as pothole repairs
BUSES
Invest in a reliable, comfortable and convenient bus network
SAFE ROUTES TO SCHOOLS
Focus on programs and projects aimed at bicycle and pedestrian safety for K-12 students
FERRIES
Expand ferry system by looking to ferries as an alternate commute method between West County and San Francisco
BICYCLE
Invest in safe routes and infrastructure improvements for bicyclists BART
Improve BART service and stations, extend routes and increase parking
HIGHWAYS
Complete Contra Costa’s highway system, and improve air quality and noise protection along corridors
INNOVATIVE SOLUTIONS
Implement smart transportation infrastructure to reduce congestion and encourage greener travel
PROGRAMS FOR SENIORS AND DISABLED
Enhance transit options to improve mobility for seniors and people with disabilities
Leverage Local
Funding $1.4B
Measure C/J
$4.2B
State / Regional / Federal
Funds
$5.6B
Total Investment
3:1
LEVERAGING
RATIO
Time for
Change
Photo credit: Noah Berger/AP, Peter Beeler, the San Diego Union-Tribune, Glydways
I-680 Willingness to Use Modes
51%
46%
43%
41%
38%
37%
35%
33%
31%
30%
27%
23%
22%
15%
22%
31%
17%
12%
42%
47%
54%
20%
26%
51%
54%
27%
45%
51%
22%
20%
15%
50%
70%
77%
78%
84%
30%
31%
30%
27%
24%
26%
22%
16%
17%
21%
22%
20%
19%
12%
21%
15%
13%
14%
14%
11%
13%
17%
14%
9%
5%
Carpool with household
Private bus or shuttle
Rail
App-based ridehail ALONE
Public bus
Carpool with others
Walk
Telecommute
BART
Bicycle, skateboard, or scooter
App-based carpool
Carshare
Vanpool
Bikeshare or scootershare
How much are you willing to use each of the following modes? Already use Will probably never use Will consider using Most interested in using Will Consider/
Most Interested
7 Vision Zero
TRANSIT FIRST
Leading an effort to building a better transportation system • Optimize existing transit network
• Identify strategies and infrastructure
• Development of transit and mobility hubs
• Creating first and last mile connections
• Moving to zero emissions
• Addressing equity priority communities
• Overcoming institutional challenges
• Identify local and regional service funding
Countywide Safety through Connected Signal System
o Developing Countywide Synchronized Signal System to
install modern traffic controllers in all 19 cities and towns in Contra Costa County to:
o Proactive approach to safety by identifying ‘close
call’ situations and preventing future tragedies
o Installing bicycle detection software
o Prioritization and potential corridor-clearing for
emergency vehicles
o Transit vehicle priority
o Smart infrastructure
o Controlling and smoothing traffic flow
MOBILITY FOR ALL
Accessible Transportation Strategic Plan
Building a Transportation
Plan from the Ground Up
CCTA’s Process
• Updated Every 4-5 Years
• Documents the Authority’s Goals, Vision, and Strategies • Action Plans are Developed by the Regional Committees • Includes 10- and 20-Year Financially Constrained Project Lists RTPCs
Develop Draft Action
Plans
CCTA Issues
Draft CTP
Public
Outreach Plan
Authority Adopts
Final SEIR & CTP
RTPCs Adopt Final
Action Plans
RTPC = Regional Transportation Planning Committee
Innovate 680 ConOps Scenario #1: Travelling via Transit – User Perspective Commuter opens MOD phone app,
sees travel and cost options,
chooses to travel by bike, then bus,
then BART.
At Shared Mobility Hub, bike is stored
safely and commuter boards bus.
Bus makes timely arrival at BART station,
allowing commuter to board train for final
stretch of ride.
Commuter arrives with short walk to office
and receives app notification of charge for
the morning ride.
Timed lights on city streets provide smooth
ride to on-ramp, where bus takes HOV
lane to quickly enter freeway.
Congestion on I-680 prompts bus to
use Part-Time Transit Lane located
on shoulder, bypassing traffic.
Connection
Protection
Data Sharing
Shoulder Use
Regional Fare
Integration
Transit
Priority
First & Last
Mile
TDM Program
Coordination
Shared Network
Communications
Parking &
Curbside Mgmt
Automated &
Electric
Vehicles
Emerging
Communication
Technologies,
Security &
Privacy
Lane Use Mgmt
& Variable
Speeds
Harmonizing
Freeway &
Arterial
Operations
Incident &
Emergency Mgmt
Equity
Considerations
Additional O&M
Considerations
and Funding
Innovate 680 Program ConOps Additional Policy
Issues
Decision Support System Provides Centralized Control of the Corridor
Countywide Connected Datacenter
Delegated and Automated Control
Operations Center
Innovate 680 Program ConOps Priority Policy
Assumptions
REDEFINING MOBILITY
Coming to a city near you
@ccta
@tthaile
Tim Haile
Thank You
Timothy Haile
Executive Director
[email protected]
2/28/2023
Chief Mark Bustillos
Concord Police Department
Public Safety Presentation
3.c
Reporting to NIBRS Workflow
*** To provide crime statistic data to the public as expeditiously as possible, the crime statistics presented on this page are based on UNAUDITED RMS data gathered from police reports throughout all steps of the report writing process and are therefore subject to change until Records Audit, and NIBRS validation is complete. *** 2
Index Crimes 2022
Index Crimes 2021 2022 % Change
Homicide 5 5 NC
Rape 32 24 -25%
Aggravated Assault 522 583 12%
Burglary 420 492 17%
Larceny Theft 2826 2517 -11%
Vehicle Theft 707 727 3%
Arson 75 71 -5%
Index Crimes Totals 4587 4433 -3%
* Does not reflect online reports
3
National Incident Based Reporting System
4
National Incident Based Reporting System
Group A Offense 2022
Animal Cruelty 7
Arson 71
Aggravated Assault 583
Intimidation 184
Simple Assault 747
Burglary 493
Forgery 72
Drug Equipment Violation 384
Drug Violation 833
Embezzlement 16
Extortion 8
Credit Card/ATMFraud 89
False Pretenses/Swindle 193
Identity Theft 16
Group A Offense 2022
Impersonation 38
Murder 5
Negligent Manslaughter 1
Kidnapping/Abduction 38
All Other Larceny 581
Pocket-picking 8
Purse-snatching 8
Shoplifting 227
Theft from Building 162
Theft from Motor Vehicle 1236
Theft of Motor Vehicle Parts 297
Motor Vehicle Theft 727
Child Pornography 8
Robbery 181
Group A Offense 2022
Fondling 62
Rape 25
Sexual Assault with an Object 9
Sodomy 3
Statutory Rape 3
Stolen Property Offenses 128
Vandalism 972
Weapons Law Violations 292
Total Group A Offenses 8707
* Does not reflect online reports
5
National Incident Based Reporting System
Group B Offense 2022
All Other Offenses 1632
Bad Checks 6
CA Traffic Offenses 247
Curfew/Loitering Violations 21
Disorderly Conduct 90
Driving Under the Influence 502
Family Offenses – Nonviolent 4
Liquor Law Violations 2
Peeping Tom 9
Trespass 127
Total Group B Offenses 2640
* Does not reflect online reports
6
Online Reports
Reporting a Crime Online
• Non-emergency crimes can be reported online, allowing you to avoid waiting for an officer to take the report Criteria:
• THE CRIME IS NOT AN EMERGENCY
• Online reporting must fall into one of the below crime classifications and have NO SUSPECT, NO EVIDENCE, NO SURVEILLANCE, and NO SERIAL NUMBERS
The crime is one of the following:
• Child Custody, Documentation of Violation of Order
• Garbage Dumping
• Harassing Phone Calls
• Identity Theft
• Lost, Stolen, or Vandalized Property
• Non-Injury Traffic Collision or Hit and Run Traffic Collision • Theft from a storage unit
• Theft from an unlocked garage
• Vehicle Tampering (Example: Keying or attempts to remove vehicle parts) • The crime occurred within the city limits of Concord, California 7
Select NIBRS Offenses & Online Reports
NIBRS / Index Event Online Reports 2021
NIBRS
2021
Online
Reports
2021
Total
2022
NIBRS
2022 Online
Reports
2022
Total
2021 / 2022
% Change
* Larceny Theft
* Theft, Theft from a
vehicle, * Theft from a
storage unit, * theft
from unlocked or open
garage, * vehicle
burglary
2826 354 3180 2517 46 2563 -19%
Identity Theft identity theft 57 159 216 16 213 229 6%
Intimidation Harassing Phone Calls 167 29 196 184 46 230 17% CA Traffic Offenses Hit and Run 152 156 308 247 173 420 36% All Other Larceny Theft 635 278 913 581 337 918 0.5%
Theft from
Building
Theft from storage unit,
* Theft from unlocked
or open garage
124 76 200 162 46 208 4%
Vandlism Vandalism, * Vehicle
tampering 826 208 1034 972 50 1022 -1%
Total 4787 1260 6047 4679 911 5590 -7.5%
8
Monthly Crime Statistics
Monthly City of Concord crime statistics can be viewed at the City of Concord web site at https://www.cityofconcord.org 9
125,810
110,382 105,336 104,389
0 20,000
40,000
60,000
80,000
100,000
120,000
140,000
2019 2020 2021 2022
Total CFS
Annual Calls for Service Received
10
Calls for Service Work Flow
Call Received Call Entered Call Dispatched On Scene
INTAKE TIME QUEUE TIME TRAVEL TIME
RESPONSE TIME
11
Calls for Service: Average Response Times
5:58
10:17
6:25 6:56 6:50
12:30
11:17
12:32
0 5
10 15
2019 2020 2021 2022
Priority 1: Response Times
Response Time Travel Time
5:58 6:25 6:56 6:50
10:51 10:00
11:23 10:22
12
37,266 34,410 38,362 37,078
88,544
75,972 66,968 67,311
0 20,000
40,000
60,000
80,000
100,000
120,000
140,000
2019 2020 2021 2022
Not Dispatched Dispatched
125,813
Calls for Service Dispatched
110,381 105,336 104,389
13
30% 31% 36% 36%
70%
69% 64% 64%
0 20,000
40,000
60,000
80,000
100,000
120,000
140,000
2019 2020 2021 2022
Not Dispatched Dispatched
125,813
Calls for Service Dispatched Percentages
110,381 105,336 104,389
14
Staffing
• Authorized Sworn: 139
• Current Sworn: 130
• Off on Leave: 8
• Currently in FTO 5 entry level
• Currently in FTO 2 lateral officers
• Currently in the Academy 6 recruits
15
PD Highlights
16
PD Highlights
Bike Rodeo and Public Safety Fair
Make a Wish - Welcome Home
Shop with A Cop and Stuff the Cruiser Event
17
PD Highlights
1994 Homicide Solved
Arrest & Conviction in Fentanyl death of 14 year old child Kidnapping & Sexual Assault case solved – Arrest made Arrest in Gang Related Attempted Murder
Targeted Robberies Solved
18
QUESTIONS????
19
Staff Report
Date: February 28, 2023
To: City Council
From: Valerie J. Barone, City Manager
Prepared by: Joelle Fockler, MMC, City Clerk
[email protected]
(925) 671-3390
Subject: Considering adoption of a Resolution proclaiming the end of the local emergency in the City of Concord in response to the COVID-19 pandemic as of February 28, 2023, consistent with the end of the statewide and countywide states of emergency.
CEQA: Not a project/exempt pursuant to CEQA Guidelines Sections 15060(c)(2), 15060(c)(3), 15061(b)(3), 15378, and/or Public Resources Code Section 21065.
Report in Brief
Consideration of adoption of a Resolution proclaiming the end of the local emergency in the City of Concord in response to the COVID-19 pandemic as of February 28, 2023, consistent with the end of the statewide and countywide states of emergency.
Recommended Action
Adopt a Resolution proclaiming the end of the local emergency in the City of Concord in response to the COVID-19 pandemic as of February 28, 2023, consistent with the end of the statewide and countywide states of emergency.
Background
On March 19, 2020, pursuant to Resolution No. 20-12, the City Council ratified the City of Concord Director of Emergency Services Proclamation of Local Emergency dated March 13, 2020, in response to the COVID-19 pandemic. This local emergency, which has remained in place to date, allowed the City to enact various emergency measures including closure of City facilities and other related health and safety measures.
4.a4.a
City Council Agenda Report
Agenda Item No. 4.a
February 28, 2023
On October 17, 2022, Governor Newsom announced that California’s COVID-19 state of emergency would end on February 28, 2023, and on February 7, 2023, the Contra Costa County Board of Supervisors approved the termination of the local emergency throughout Contra Costa County effective February 28, 2023.
Analysis
This action terminates the City’s COVID-19 emergency declaration, consistent with termination of the statewide and countywide emergency declarations. There will be no impact from this action as the City no longer utilizes any of the special authorities allowed due to the 2020 emergency declaration.
Environmental Determination
This action does not constitute a “project” within the meaning of Public Resources Code Section 21065, 14 Cal Code Reg. Section 15060(c)(2), 15060(c)(3), and/or 15378 because it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.
In addition, this action is categorically exempt pursuant to Section 15061(b)(3), “Review for Exemptions” of the CEQA Guidelines because there is no possibility that it may have a significant effect on the environment, and no further environmental review is required.
No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. This determination reflects the City’s independent judgment and analysis.
Financial Impact
There is no fiscal impact.
Public Contact
The City Council Agenda was posted.
Attachment
1. Resolution terminating the City’s COVID-19 emergency declaration
Res No. 23-XX 1
BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD
COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Rescinding Resolution No. 20-12 and
Thereby Terminating the Proclamation of a Local
Emergency Related to COVID-19
Resolution No. 23-XX
/
WHEREAS, on March 4, 2020, the Governor of the State of California (“Governor”) issued a Proclamation of a State of Emergency due to COVID-19; and WHEREAS, on March 13, 2020, the City Manager in her capacity as the City of Concord Director of Emergency Services issued a Concord Director of Emergency Services Proclamation of Local Emergency related to COVID-19 (“Proclamation”); and WHEREAS, on March 19, 2020, pursuant to Resolution No. 20-12 (A Resolution of City Council Ratification of Director of Emergency Services Proclamation of Local Emergency), the City Council of the City of Concord (“City Council”) ratified the Proclamation; and WHEREAS, on October 17, 2022, Governor Newsom announced that the COVID-19 State of Emergency will end for the state of California effective February 28, 2023; and WHEREAS, on February 7, 2023, the Contra Costa County Board of Supervisors approved the termination of the local emergency throughout Contra Costa County effective February 28, 2023; and
WHEREAS, the City of Concord and surrounding community were supported throughout the local emergency by Contra Costa County Department of Public Health through education, testing, and treatment resources related to COVID-19; and
WHEREAS, the case incidence of COVID-19 cases in the City has significantly subsided; and
WHEREAS, pursuant to Government Code Section 8630, the City Council, after reviewing the need for continuing the local emergency, has determined that conditions no longer exist to warrant continuing the local emergency beyond the timeframe identified by the State of California and the County of Contra, and desires to proclaim the termination of the local emergency.
Attachment 1
Res No. 23-XX 2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CONCORD DOES RESOLVE AS FOLLOWS:
Section 1. Recitals. The recitals are true and correct and hereby incorporated by reference.
Section 2. CEQA. This action does not constitute a “project” within the meaning of Public Resources Code Section 21065, 14 Cal Code Reg. Section 15060(c)(2), 15060(c)(3), and/or 15378 because it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. In addition, this action is categorically exempt pursuant to Section 15061(b)(3), “Review for Exemptions” of the CEQA Guidelines because there is no possibility that it may have a significant effect on the environment, and no further environmental review is required. No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. This determination reflects the City’s independent judgment and analysis.
Section 3. The City of Concord will continue to work collaboratively with the Contra Costa County Department of Public Health to support continued efforts to minimize and mitigate the spread of COVID-19 in our community.
Section 4. Pursuant to Government Code Section 8630, the City Council hereby rescinds Resolution No. 20-12 and proclaims the termination of the local emergency related to COVID-19.
Section 5. This resolution shall become effective immediately upon its passage and adoption. //
//
//
//
//
//
//
//
//
//
Res No. 23-XX 3
PASSED AND ADOPTED by the City Council of the City of Concord on February 28, 2023, by the following vote:
AYES: Councilmembers -
NOES: Councilmembers -
ABSTAIN: Councilmembers -
ABSENT: Councilmembers -
I HEREBY CERTIFY that the foregoing City Council Resolution No. 23-XX was duly and regularly adopted at a regular meeting of the City Council of the City of Concord on February 28, 2023.
Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:
Susanne Meyer Brown
City Attorney
Staff Report
Date: February 28, 2023
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kevin Marstall, PE, Director of Community Development Carlton Thompson, PE, City Engineer
Bernard Enrile, PE, CIP Manager
Prepared by: Tianjun Cao, PE, Associate Civil Engineer
[email protected]
(925) 671-3243
Subject: Considering the following:
1. Acceptance of improvements for the Ellis Lake Area
Sanitary Sewer Improvement Project [Project No. 2447] located at Clayton Road, Detroit Avenue, Laguna Street, Todd Avenue, Toyon Drive, Pine Street, Leland Drive, Sunshine Drive, Oakmead Drive, Traynor Road, and Ashbury Drive; and
directing the City Clerk to file a Notice of Completion.
2. Approval of a payment to the Contra Costa Water District in the amount of $29,215.49.
Report in Brief
Bay Pacific Pipelines Inc. of Novato, CA has completed all work associated with the Ellis Lake Area Sanitary Sewer Improvement Project, Project No. 2447, and has provided the required one-year construction warranty bond.
The project improvements consisted of replacing undersized and failing sanitary sewers in the residential and mix-use area south of downtown Concord, bordered by Clayton Road on the north, Galindo Street on the east, Todd Avenue on the south, and Meadow Lane on the west. Work included maintenance access hole rehabilitation, pavement base repairs, and street resurfacing after sewer construction. The work took place at Clayton Road, Detroit Avenue, Laguna Street, Todd Avenue, Toyon Drive, Pine Street,
4.b4.b4.b
City Council Agenda Report
Agenda Item No. 4.b
February 28, 2023
Leland Drive, Sunshine Drive, Oakmead Drive, Traynor Road, and Ashbury Drive, see Location map (Attachment 1).
Recommended Action
1) Accept the improvements for the Ellis Lake Area Sanitary Sewer Improvement Project, Project No. 2447; and direct the City Clerk to file the Notice of Completion (Attachment 2).
2) Approval of a payment to the Contra Costa Water District in the amount of $29,215.49.
Background
On May 3, 2022, the City Council awarded the Ellis Lake Area Sanitary Sewer Improvement Project, Project No. 2447, construction contract to Bay Pacific Pipelines Inc. of Novato, CA (Bay Pacific) in the amount of $2,887,545. Construction for Project No. 2447 began on June 27, 2022.
The project improvements consisted of replacing undersized and failing sanitary sewers in the residential and mix-use area south of downtown Concord, bordered by Clayton Road on the north, Galindo Street on the east, Todd Avenue on the south, and Meadow Lane on the west. Work included maintenance access hole rehabilitation, pavement base repairs, and street resurfacing after sewer construction. The work took place at various locations on Clayton Road, Detroit Avenue, Laguna Street, Todd Avenue, Toyon Drive, Pine Street, Leland Drive, Sunshine Drive, Oakmead Drive, Traynor Road, and Ashbury Drive.
During the final design phase of the project, a conflict with the proposed sewer work and an existing water line at the intersection of Clayton Road and Adelaide Street was discovered. Before award of the construction contract, City staff began coordination efforts with the Contra Costa Water District (CCWD) regarding relocation of the water line. Because the water relocation was due to a proposed upsizing of the sewer line, the burden of all CCWD costs (design, construction, and inspection) fell on the City. Typical CCWD process for this relocation involves taking the project to their board prior to design commencing, which can take up to a year. In order to expedite the process, avoid repetitive excavation in the field, and potential delays to the contractor and the City’s project, City staff proposed a solution in which CCWD design could move forward without their board approval. The proposed solution that was accepted by CCWD entailed the City sending a deposit in the amount of $73,769 to allow for design to move forward, with the agreement that any additional costs incurred for CCWD work would be paid after the project was accepted as complete by City Council, and for the water line relocation to be constructed by the City contractor as a change order. This solution resulted in CCWD providing final plans to the City in August 2022, which saved approximately five months of time. This project is a good example of interagency
City Council Agenda Report
Agenda Item No. 4.b
February 28, 2023
coordination resulting in a final project that did not cause additional impacts to residents and businesses within the City.
Construction for Project No. 2447 was completed within budget and within schedule.
Analysis
Bay Pacific has completed all improvements for the Ellis Lake Area Sanitary Sewer Improvement Project, Project No. 2447, and staff has inspected the work, which is in compliance with the project plans and specifications. Bay Pacific has provided the required 10% warranty bond, which guarantees the work from material and workmanship defects for one (1) year.
City Council awarded a construction contract and authorized 20% contingency for a total construction budget of $3,465,054. The construction contract was completed within the original construction budget in the total amount of $3,394,768.03. Approximately
17.6% of the 20% contingency was used for the water line relocation and balancing of bid item quantities.
The final total of design and inspection costs incurred by CCWD was $102,984.49, which is $29,215.49 in excess of the $73,769 City deposit. The total exceeds the $75,000 direct payment threshold and is why City Council action is needed for the additional payment to CCWD. This payment is separate from the construction contract and contingency, but will be paid from the project’s CIP budget, as there are sufficient funds to do so.
Financial Impact
The construction contract was completed within the original construction budget. There is sufficient remaining budget in the project for the payment to CCWD. The project was funded by Sewer Enterprise Funds (Fund 710).
Public Contact
The City Council Agenda was posted.
Attachments
1. Location Map
2. Notice of Completion
ATTACHMENT 1
Location Map
Ellis Lake Area Sanitary Sewer Improvements—City Project No. 2447 Sewer Spot Repair
Sewer Line Improvement
RECORDING REQUESTED BY AND WHEN
RECORDED MAIL TO:
City Clerk
City of Concord
1950 Parkside Drive MS/03
Concord, CA 94519
APN(s): __ _n/a
(Space Above This Line for Recorder’s Use Only)
[Exempt from recording fee per Gov. Code § 27383]
NOTICE OF COMPLETION
(Cal. Civ. Code §§ 8180-8190, 8100-8118, 9200-9208)
A. The City of Concord, a California municipal corporation, entered into a written contract with Bay Pacific Pipeline (Contractor) dated May 3, 2022. The surety on said contract is held by The Ohio Casualty Insurance Company, PO Box 34526, Seattle, WA, 98124.
B. NOTICE IS HEREBY GIVEN THAT:
(1) The name and address of the owner or reputed owner are:
City of Concord, 1950 Parkside Drive, Concord, CA 94519-2578 (2) The name and address of the direct contractor are:
Bay Pacific Pipeline, P.O. Box 1162, Novato, CA 94948,
(3) The name and address of the construction lender, if any, are:
Not applicable
(4) A description of the site sufficient for identification, including the street address of the site, if any, follows:
The real property herein referred to is situated in the City of Concord, County of Contra Costa, State of California, and is described as follows: Clayton Road, Detroit Avenue, Laguna Street, Todd Avenue, Toyon Drive, Pine Street, Leland Drive, Sunshine Drive, Oakmead Drive, Traynor Road, and Ashbury Drive.
(5) The name, address, and relationship to the parties of the person giving the notice:
City of Concord, a California Municipal Corporation, 1950 Parkside Drive, Concord, CA 94519; person giving notice and owner.
(6) The person giving this notice is not a claimant
(7) This notice is given for (check one):
X Completion of the work of improvement as a whole.
___ Completion of a contract for a particular portion of the work of improvement. If the notice is given only of completion of a contract for a particular portion of the work of improvement as provided in California Civil Code Section 8186, provide the following information:
(a) The name and address of the direct contractor under that contract: See item B(2), above. (b) A general statement of the work provided pursuant to the contract: See item A above. (8) If signed by the owner’s successor in interest, the name and address of the successor’s transferor:
Not applicable
(9) The nature of the interest or estate of the owner: Easement (10) The date of completion: February 28, 2023
I, Carlton Thompson, PE, say I am the City Engineer for the City of Concord, owner of the aforesaid interest or estate in the property described in the above Notice of Completion, and as such, make this verification on behalf of City of Concord; and that I have read the above Notice of Completion and know the contents thereof and that the facts stated therein are true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Executed on ___________________________, 20____, at
Concord, California
______________________________________
Carlton Thompson, PE, City Engineer (Signature)
ATTEST:
______________________________________
Joelle Fockler, MMC
City of Concord City Clerk
Attachment 2
Staff Report
Date: February 28, 2023
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 #2 with BKF Engineers of Walnut Creek, California, in the not-to-exceed amount of $225,830 (base agreement of $205,300 plus Staff authority to spend up to a 10% contingency of $20,530) to provide design and related services for Concord Boulevard Sewer and
Streetscape Improvements (Project No. 2598), generally in the area west of Port Chicago Highway, north of Clayton Road, east of Market Street, and south of Almond Avenue; and
authorize the City Manager to execute the agreement in a form acceptable to the City Attorney (Sewer Operating 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 Concord Boulevard Sewer and Streetscape Improvements (Project No. 2598) will replace existing sewer mains and laterals in the downtown area of Concord. The project will complete the remainder of sewer repairs needed as identified in the Concord Downtown Area Sewer Evaluation Report, generally in the area west of Port Chicago Highway, north of Clayton Road, east of Market Street, and south of Almond Avenue.
4.c4.c
City Council Agenda Report
Agenda Item No. 4.c
February 28, 2023
Design engineering services for this project include sewer CCTV inspections, geotechnical investigations, development of plans, specifications, construction cost estimates, and public outreach. Staff recommends BKF Engineers to design and prepare bid documents. As the Task Order is over $80,000, Council approval is required.
Design efforts for the Concord Boulevard Sewer and Streetscape Improvements are expected to start in February 2023 and be completed by November 2023. Following design, staff will advertise the project for construction bids; advertising in winter will lead to more competitive bid prices. Construction is anticipated to begin in Spring 2024. The project is fully funded by the Sewer Operating Fund.
Recommended Action
Approve Task Order #2 with BKF Engineers of Walnut Creek, California, in the not-to- exceed amount of $225,830 (base agreement of $205,300 plus Staff authority to spend up to a 10% contingency of $20,530) to provide design and related services for Concord Boulevard Sewer and Streetscape Improvements (Project No. 2598), generally in the area west of Port Chicago Highway, north of Clayton Road, east of Market Street, and south of Almond Avenue; 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
In June 2010, City Council approved project No. 2185 (Downtown Sanitary Sewer Upgrade). This project was developed to replace clay sewer main lines in the downtown area that were undersized or failing within the oldest area of the City’s sewer system.
In early 2011, a Sewer Condition Assessment Study was completed to provide design recommendations, phasing possibilities, and cost estimates for the sewer main replacements required in the downtown area. The project scope was established to improve the infrastructure and reduce long term maintenance costs, including support for replacement of lower laterals (sewer service lines that run from the sewer mainline to edge of street right-of-way), and street resurfacing. To reduce significant construction impacts that a project of this magnitude would have on businesses and residents, the sewer replacement project was split into multiple phases.
In July 2012, the City Council awarded the construction contract for Downtown Sanitary Sewer Upgrade Phase 1 (Project No. 2185), which was completed in 2013.
Improvements were completed north of Pacheco Street and east of Colfax Street, which included Bonifacio Street, East Street, and other adjacent streets.
In February 2014, the City Council awarded the construction contract for Downtown Sewer & Streetscape Improvements – Phase 2 (Project No. 2295), which was completed in January 2015. Due to limited funding, the project did not complete all
City Council Agenda Report
Agenda Item No. 4.c
February 28, 2023
needed replacements in the Phase 2 area, but did complete work north of Salvio Street and west of Colfax Street, including Pacheco Street, Grant Street, and other adjacent streets.
In February 2018, the City Council awarded the construction contract for Downtown Sewer & Streetscape Improvements – Phase 2b (Project No. 2404), which was completed in June 2019. The project involved replacing most of the remaining sewers in the Downtown Phase 2 area around Todos Santos Plaza, Colfax Street, Concord Boulevard, and Clayton Road.
In February 2020, the City Council awarded the construction contract for Downtown Sewer & Streetscape Improvements – Phase 3 (Project No. 2407), which completed the recommended sewer repairs on Broadway Street, Salvio Street, Fremont Street, California Street, and Harrison Street.
In February 2021, the City Council awarded the construction contract for Downtown Sewer and Streetscape – Phase 3b (Project No. 2446). This project completed the recommended sewer repairs on Mira Vista Terrace, Galindo Street, Sutter Street, Grant Street, and Clayton Road.
The Concord Boulevard Sewer and Streetscape Improvements (Project No. 2598) are the next phase that will complete the remainder of sewer repairs identified in the Concord Downtown Area Sewer Evaluation Report.
Analysis
Engineering design services are needed to initiate project design, and develop project plans, specifications, and final construction cost estimates.
The Concord Boulevard Sewer and Streetscape Improvements (Project No. 2598) will replace existing sewer mains and laterals in the downtown area of Concord. The project will complete the remainder of sewer repairs needed as identified in the Concord Downtown Area Sewer Evaluation Report, generally in the area west of Port Chicago Highway, north of Clayton Road, east of Market Street, and south of Almond Avenue.
Design engineering services for this project include sewer CCTV inspections, geotechnical investigations, development of plans, specifications, construction cost estimates, and public outreach.
The preliminary schedule calls for design to begin in February 2023 and be completed in November 2023. Following design, staff will advertise for construction bids.
Construction is anticipated for spring 2024.
City Council Agenda Report
Agenda Item No. 4.c
February 28, 2023
Procurement Process
On November 9, 2022, in conformance with the City’s purchasing policies, staff contacted and issued an informal Request for Proposal (RFP) for BKF Engineers under the Master Service Agreement (MSA) for Civil Engineering/Design to provide design engineering and related services for Concord Boulevard Sewer and Streetscape Improvements (Project No. 2598). The proposal was received and reviewed by City staff.
City Staff and BKF Engineers negotiated the scope of work and cost for the services and agreed upon $205,300 as fair and reasonable compensation for the services needed to complete the design phase of the project. As the Task Order is over $80,000, Council approval is required.
BKF Engineers has experience in the design of sewer rehabilitation projects in other cities in the Bay Area, including South San Francisco and San Mateo.
Financial Impact
Project No. 2598 is fully funded by the Sewer Operating Fund (Fund 710). Based on the estimated cost, sufficient funds exist in the current budget to fully fund the design and construction of the project.
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 CEQA 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.
Attachments
1. Project Location Map
$WWDFKPHQW
Project Location Map
ŽŶĐŽƌĚŽƵůĞǀĂƌĚ^ĞǁĞƌĂŶĚ^ƚƌĞĞƚƐĐĂƉĞ
/ŵƉƌŽǀĞŵĞŶƚƐ(Project No. Ϯϱϵϴ)
= Project Location
Staff Report
Date: February 28, 2023
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Karan Reid, Director of Finance
Prepared by: Himmat Bains, Sr. Financial Analyst
[email protected]
(925) 671-3183
Subject: Considering approval of a Professional Services Agreement with HdL Companies (HdL), for a not-to-exceed amount of $162,000 for the three-year term of the agreement, to provide support in checking for fiscal compliance with the
development agreements of Concord based licensed retail cannabis stores; and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney. (Reimbursed by Retail Cannabis Businesses)
CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(2), 15061(b)(3), 15306, 15309, 15378, and/or Public Resources Code Section 21065.
Report in Brief
Under the direction of the Director of Finance, HdL will conduct an annual revenue audit of each retail cannabis business to verify the accuracy of the revenue reported and remitted to the City; and provide up to 40 hours of technical support to be used at the direction of the Director of Finance to support compliance with these businesses development agreements. All City costs will be fully paid by the cannabis businesses.
Recommended Action
Approve a professional services agreement with HdL Companies (HdL), for a not to exceed amount of $162,000 for the three-year term of the agreement, to provide support in checking for fiscal compliance with the development agreements of Concord based licensed retail cannabis stores; and authorizing the City Manager to execute the
4.d4.d4.d4.d
City Council Agenda Report
Agenda Item No. 4.d
February 28, 2023
agreement in a form acceptable to the City Attorney; and make the CEQA determinations as provided in this staff report.
Background
City of Concord Municipal Code Chapter 5.80 Cannabis governs, subject to certain restrictions, specified nonmedical or adult cannabis uses for purposes of state law.
The City Council authorized up to three (3) Storefront Retailers, three (3) Non-Storefront Retailers and two (2) Microbusinesses with a storefront retailer component.
The City currently has two cannabis businesses operating retail locations which opened in the latter part of 2022, and a third store front retailer received Council approval in February of 2023. In order to ensure the City is receiving the correct amount of revenue and the businesses are complying with the financial terms of their development agreements, the Finance Department recommends engaging the services of experienced professionals well versed with the industry and state law. This is a specialized area of expertise beyond current staff’s proficiency.
Founded in 1983, HdL is a consortium of three companies established to maximize local government revenues by providing audit, compliance, economic development, consulting services and software products. Its audit and consulting services include sales, use and transaction taxes, property taxes, transient occupancy taxes, and a Cannabis Management Program. The firm currently serves 49 counties, 311 cities and 132 transactions tax districts in California.
HdL is a leading authority in cannabis management for local governments in California, offering a range of services including ordinance development and enforcement, community outreach and education, application and permitting processes, cost recovery, compliance inspections, financial audits, fiscal analysis, and law enforcement training to over 175 cities and counties. Their cannabis team of experts has over 80 years of combined experience in cannabis regulation and taxation and has conducted over 18,000 compliance inspections and financial audits, as well as reviewed and processed over 3,500 cannabis business applications in California.
Analysis
As a best practice, the City is interested in engaging HdL Companies to provide annual revenue audits of each retail cannabis business to ensure they are reporting and remitting the proper amount of revenue to the City in compliance with the terms of their development agreements. At the direction of City staff, HdL will conduct regulatory compliance inspections up to 4 times per year, annually. These services will only be rendered for businesses that have been operating for a full year.
In addition, the City wishes to have HdL provide additional consulting services on an as needed basis to assist staff in assuring compliance with other financial related aspects
City Council Agenda Report
Agenda Item No. 4.d
February 28, 2023
of the development agreements. Specifically, Coastal Retail, LLC, is in the process of a change in ownership to The Parent Company and the development agreement requires certain financial capabilities to be demonstrated. HdL will assist staff in making this evaluation.
A summary of the anticipated costs over the next three years is as follows:
FY 22/23 FY 23/24 FY 24/25 Total
Revenue audits 30,000 80,000 110,000
Compliance Inspection 6,000 16,000 22,000 *
Consultant Svcs 10,000 10,000 10,000 30,000 *
10,000 46,000 106,000 162,000
* These services will be performed at the City's staff's direction on an as needed basis Maximum Contract Costs
Procurement Process
Concord Municipal Code Section 3.10.080(4) waives bidding requirements for professional services. A proposal was solicited from HdL Companies to provide cannabis support services related to compliance with the financial requirements of the development agreements. Staff reviewed the proposed services and based on their extensive experience in this area and responsiveness to the request, staff recommends engaging HdL Companies for these services.
Environmental Determination
Pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(2), 15061(b)(3), and/or 15378, award of this contract is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, as it will not result in a direct or reasonably foreseeable indirect physical change in the environment, and falls within the “common sense” exemption set forth in CEQA Guidelines Section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” In the alternative, award of this contract is exempt under CEQA Guidelines Sections 15306 (Information collection) and/or 15309 (Inspections). No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. This determination reflects the City’s independent judgment and analysis.
Financial Impact
The total contract is for a three year contract not to exceed $162,000 for the term of the agreement. Costs for these services will be paid by the cannabis businesses.
City Council Agenda Report
Agenda Item No. 4.d
February 28, 2023
Under this agreement, the proposed services will include annual revenue audits, which shall not exceed $110,000 for the entire term of the contract. At the direction of the Director of Finance, HdL will conduct reviews of compliance with the fiscal terms of the development agreements, which shall not exceed $22,000 for the entire term of the agreement. Additionally, the contract shall include 40 hours of technical support per year, not to exceed $30,000 for the term of the agreement. These hours shall be utilized as directed by the Director of Finance to ensure compliance with City regulations.
Public Contact
The City Council Agenda was posted.
Attachment
1. Professional Services Agreement with HdL with Exhibit A, Scope of Services
AGREEMENT FOR PROFESSIONAL SERVICES
10/2021 1
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
THIS AGREEMENT ("Agreement") is entered into on March 1, 2023 between the City of Concord ("CITY") and HDL Companies, a, California corporation, 120 S. State College Blvd., Suite 200, Brea, CA 92821 (“CONSULTANT”).
THE PARTIES ENTER THIS AGREEMENT based upon the following facts, understandings and intentions:
The CITY desires to contract with CONSULTANT to provide the professional services described in Section 2 of this Agreement, upon the terms and conditions hereinafter set forth.
NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and promises of the parties herein contained, the parties hereto agree as follows:
1. TERM. This Agreement shall commence on March 1, 2023 and expire on March 1, 2026.
2. SCOPE OF SERVICES. Subject to such policy direction and approvals provided by the CITY's Authorized Representative, CONSULTANT shall perform the services described in detail in Exhibit A, Scope of Services. CITY retains all rights of approval and discretion with respect to the projects and undertakings contemplated by this Agreement.
3. PAYMENT. The compensation to be paid to CONSULTANT including payment for professional services and reimbursable expenses, shall be at the rate and schedules in detail in Exhibit A. However, shall in no event shall the amount CITY pays CONSULTANT exceed One hundred and sixty two thousand dollars ( $162,000) for the term of this Agreement . Any Amendment to this Agreement that inclu des an increase to this compensation amount shall be made in accordance with Section 5 below.
CONSULTANT may submit monthly statements for services rendered ; all statements shall include adequate documentation demonstrating work performed during the billing period. It is intended that CITY review such statement and pay CONSULTANT for services rendered within 30 days of receipt of a statement that meets all requirements of this Agreement . Payment by CITY shall not be deemed a waiver of unsatisfactory work, even if such defects were known to the CITY at the time of payment.
4. AUTHORIZED REPRESENTATIVES. Authorized representatives shall represent Attachment 1
10/2021 2
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
CITY and CONSULTANT in all matters pertaining to the services to be ordered by CITY or rendered by CONSULTANT under this Agreement except where approval for the CITY is specifically required by the City Council. The CITY’s authorized representative is Karan Reid, Director of Finance of the Finance Department. The CONSULTANT ’s authorized representative is Ajay Kolluri , Deputy Director.
5. AMENDMENT TO AGREEMENT . This Agreement may be amended in writing, subject to approval by both parties. If additional services are requested by CITY other than as described in the above Scope of Services, this Agreement may be amended, modified, or changed by the parties subject to mutual consent and in accordance with the CITY’s Municipal Code by execution of an Amendment by authorized representatives of both parties setting forth the additional scope of services to be performed, the performance time schedule, and the compensation for such services.
A. Amendment for Additional Compensation. CITY’s Authorized Representative is authorized to execute amendments to the Agreement on behalf of CITY, including amendments providing for additional compensation to CONSULTANT not to exceed the Minimum Threshold, including the base contract amount, throu ghout 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 2021-22 is $75,000 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.
CONSULTANT’s failure to secure CITY’s written authorization for additional compensation or changes to the Scope of Services shall constitute a waiver of any and all right to adjus tment in the price or time due, whether by way of compensation, restitution, quantum meruit, or similar relief.
6. INDEPENDENT CONTRACTOR . Both parties understand and acknowledge that CONSULTANT, its officers, agents, employees, volunteers and subcontractors are and shall at all times remain as to the CITY wholly independent contractors. Neither the CITY nor any of its officers, officials, agents, employees or volunteers shall have any control over the manner by which the
10/2021 3
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
CONSULTANT performs this Agreeme nt and shall only dictate the results of the performance.
CONSULTANT shall not represent that CONSULTANT or its officers, agents, employees, volunteers or subcontractors are agents or employees of the CITY , and CONSULTANT shall have no authority, express or implied, to act on behalf of the CITY in any capacity whatsoever as an agent, and shall have no authority, express or implied, to bind the CITY to any obligation whatsoever, unless otherwise provided in this Agreement.
As an independent contractor, CONSULTANT shall not be eligible for any benefits, which the City may provide to its employees and all persons, if any, hired by CONSULTANT shall be employees or subcontractors of CONSULTANT and shall not be construed as employees or agents of the CITY in any respect. CONSULTANT shall receive no premium or enhanced pay for work normally understood as overtime, i.e., hours that exceed forty (40) hours per work week, or work performed during non - standard business hours, such as in the evenings or on weekends. CONSULTANT shall not receive a premium or enhanced pay for work performed on a recognized holiday. CONSULTANT shall not receive paid time off for days not worked, whether it be in the form of sick leave, administrative leave, or for any other form of absence. CONSULTANT shall pay all taxes, assessments and premiums under the federal Social Security Act, any applicable unemployment insurance contributions, Workers Compensation insurance premiums, sales taxe s, use taxes, personal property taxes, or other taxes or assessments now or hereafter in effect and payable by reason of or in connection with the services to be performed by CONSULTANT.
7. STANDARD OF PERFORMANCE . CONSULTANT rep resents and warrants to CITY that CONSULTANT is skilled and able to provide such service s described in the Scope of Services and that such services shall be performed in an expeditious manner, and with the degree of skill and care that is required by current, good, and sound proced ures and practices. CONSULTANT further agrees that the services shall be in conformance with generally accepted professional standards prevailing at the time work is performed.
8. PERFORMANCE BY CONSULTANT . CONSULTANT shall not employ other consultants, subconsultants, experts, or contractors without the pr ior written approval of the CITY.
Notwithstanding the foregoing, CITY shall not be obligated or liable for payment hereunder to any party
10/2021 4
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
other than the CONSULTANT. CONSULTANT hereby designates the CONSULTANT’S representative as the person primarily responsible for the day-to-day performance of CONSULTANT'S work under this Agreement. CONSULTANT shall not change the CONSULTANT’S representative without the prior written consent of the CITY. Unless otherwise expressly agreed by the CITY, CONSULTANT'S representative shall remain responsible for the quality and timeliness of performance of the services, notwithstanding any permitted or approved delegation hereunder.
9. OWNERSHIP AND MAINTENANCE OF DOCUMENTS. All documents furnished by CONSULTANT pursuant to this Agreement are instruments of CONSULTANT’s services in respect to this project. They are not intended nor are represented to be suitable for reuse by others except CITY on extensions of this project or on any other project. Any reuse without specific written verification and adoption by CONSULTANT for the specific purposes intended will be at user’s sole risk and without liability or legal exposure and expenses to CONSULTANT, including attorney’s fees arising out of such unauthorized reuse.
CONSULTANT’s records, documents, calculations, and all other instruments of service pertaining to actual project shall be given to CITY at the completion of the project. The CITY reserves the right to specify the file format that electronic document deliverables are presented to the CITY. [Alternative: 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 note s 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 informati on but agrees not to disclose or discuss any information gathered, discussed or generated in any way through this Agreement without the written permission of CITY during the term of this Agreement, unless required by law.]
10. INDEMNIFICATION.
A. For Design Professional Services Only. Pursuant to California Civil Code Section 2782.8, CONSULTANT agrees to indemnify the CITY (including its officers, officials, agents,
10/2021 5
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
employees and volunteers) against liability for claims against the CITY that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT in the performance of this Agreement. The CONSULTANT will reimburse the CITY for any ex penditures, including reasonable attorney fees, incurred by the CITY in defending against claims ultimately determined to arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT.
B. For All Other Services. CONSULTANT agrees to defend, indemnify and hold harmless the CITY (including its officers, officials, agents, employees and volunteers) from and against all claims, demands, actions, losses, damages, injuries, and liability (including all attorney’s fees and other litigation expenses) arising out of the CONSULTANT’s performance under the terms of this Agreement. This indemnification obligation on CONSULTANT’s part shall not apply to the demands, actions, losses, damages, injuries, and liability arising out of the sole negligence or willful misconduct on the part of the CITY.
11. INSURANCE. CONSULTANT shall, at its own expense, procure and maintain in full force at all times during the term of this Agreement the following insurance:
A. Commercial G eneral Liability Coverage . CONSULTANT shall maintain commercial general liability insurance with limits of no less than one million dollars ($1,000,000) combined single limit per occurrence or two million dollars ($2,000,000) aggregate limit for bodily injury, personal injury, and property damage.
B. Automobile Liability Coverage . CONSULTANT shall maintain automobile liability insurance covering all vehicles used in the performance of this Agreement providing a one million dollar ($1,000,000) combined s ingle limit per occurrence for bodily injury, personal injury, and property damage.
C. Professional Liability Coverage (Errors and Omissions) . CONSULTANT shall maintain professional liability insurance with coverage for all negligent errors, acts or omi ssions 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.
10/2021 6
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
D. Compliance with State Workers' Compensation Requirements .
CONSULTANT covenants that it will insure itself against liability for Workers' Compensation pursuant to the provisions of California Labor Code §3700, et seq. CONSULTANT shall, at all times, upon demand of the City, furnish proof that Workers' Compensation Insurance is being maintained by it in force and effect in accordance with the California Labor Code. The insurer shall also agree to waive all rights of subrogation against t he CITY, its officers, officials, agents, employees and volunteers for losses arising from work performed by CONSULTANT for CITY. This provision shall not apply upon written verification by CONSULTANT that CONSULTANT has no employees.
E. Other Insuranc e Provisions . 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 activities performed by or on behalf of CONSULTANT and operations of CONSULTANT, premises owned, occupied, or used by CONSULTANT. The coverage shall contain no special limitations on the scop e 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 fo r 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 s elf-insurance maintained by CITY, its officers, officials, agents, employees or volunteers shall be in excess of CONSU LTANT'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 with
10/2021 7
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
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 Agree ment or before work commences. Such policies and certificates shall be in a form approved by the City Attorney. CITY reserves the right to require complete certified copies of all required insurance policies at any time.
12. TIME OF PERFORMANCE . The time of performance of the services under this Agreement is of the essence, and all time deadlines identified in this Agreement or Scope of Services shall be strictly construed.
13. SUSPENSION OF WORK. CITY may, at any time, by ten (10) days’ written no tice, suspend further performance by CONSULTANT. All suspensions shall extend the time schedule for performance in a mutually satisfactory manner, and CONSULTANT shall be paid for services performed and reimbursable expenses incurred prior to the suspensi on date. During the period of suspension, CONSULTANT shall not receive any payment for services, or expenses, except for reasonable administration expenses, incurred by CONSULTANT by reason of such suspension.
14. TERMINATION. Either party may terminate this Agreement for any reason upon ten (10) days written notice to the o ther 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 de liverables (“Work Materials”) prepared for the CITY prior to the effective date of such termination , all of which shall become CITY’s sole property. After receipt of the Work Materials, CITY will pay CONSULTANT for the services satisfactorily performed as of the effective date of the termination.
15. COMPLIANCE WITH CIVIL RIGHTS . During the performance of this contract, CONSULTANT agrees as follows:
A. Equal Employment Opportunity. In connection with the execution of this Agreement, CONSULTANT shall not discriminate against any employee or applicant for employment
10/2021 8
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
because of race, religion, color, sex, o r national origin. Such actions shall include, but not be limited to, the following: employment, promotion, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection for training including apprenticeship.
B. Nondiscrimination Civil Rights Act of 1964. CONSULTANT will comply with all federal regulations relative to nondiscrimination in federally assisted programs.
C. Solicitations for Subcontractors incl uding 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 sub contractor, supplier or lessor shall be notified by CONSULTANT of CONSULTANT’S obligation under this Agreement and the regulations relative to nondiscrimination on the grounds of race, religion, color, sex, or national origin.
16. CONFLICT OF INTEREST.
A. CONSULTANT covenants and represents that neither it, nor any officer or principal of its firm, has, or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of CITY or which would in any way hinder CONSULTANT’s performance of services under this Agreement. CONSULTANT further covenants that in the performance of the Agreement, no person having any such interest shall be employed by it as an officer, official, agent, employee or subcontractor without the express written consent of the CITY. CONSULTANT agrees to at all times avoid conflicts of interest, or the appearance of any conflicts of interest, with the interests of the CITY in the performance of this Agreement.
B. CONSULTANT is not a designated employee within the meaning of the Political Reform Act because CONSULTANT:
(1) Will conduct research and arrive at conclusions with respect to its rendition of information, advice, recommendation or counsel independent of the control and direction of the CITY or of any CITY official, other than normal contract monitoring; and (2) Possesses no authority with respect to any CITY decision beyond the rendition of information, advice, recommendation or counsel. (2 Cal. Code Regs. § 18700(a)(2).)
10/2021 9
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
17. COMPLIANCE WITH LAWS . CONSULTANT shall comply with all applicable Federal, State of California, and local laws, rules, and regulations and shall obtain all applicable licenses, including a business license with the City of Concord, and permits for the conduct of its business and the performance of the services. CONSULTANT shall ensure that all of its officers, officials, agents, employees and subcontractors who: (i) enter CITY premises in connection with the services to be performed by CONSULTANT hereunder, and/or (ii) have in-person contact with CITY officers, officials, agents, employees, subcontractors and volunteers, and/or members of the public in connection with the services to be performed by CONSULTANT hereunder, comply with all applicable Federal, State of California, Contra Costa County, and local laws, rules, and regulations, whichever is the most restrictive, regarding COVID -19 or similar public health matters, including regarding vaccinations, testing, reporting, social distancing, social gathering, mask wearing, and associated requirements.
18. CHOICE OF LAW. This Agreement shall be construed and interpreted in accordance with the laws of the State of California, excluding any choice of law rules which may direct the application of the laws of another jurisdiction. In the event that suit shall be brought by either party hereunder, the parties agree that trial of such action shall be held exclusively in a state court in the County of Contra Costa, California.
19. NON-WAIVER. The waiver by either party of any breach of any term, covenant, or condition contained in the Agreement, or any default in their performance of any obligations under the Agreement shall not be deemed to be a waiver of any other breach or default of the same or any other term, covenant, condition, or obligation, nor shall any waiver of any incident of breach of default constitute a continuing waiver of same.
20. ENFORCEABILITY; INTERPRETATION. In the event that any of the provisions or portions of application of any of the provisions of the Agreement are held to be illegal or invalid by a court of competent jurisdiction, CITY and CONSULTANT shall negotiate an equitable adjustment in the provisions of the Agreement with a view toward affecting the purpose of the Agreement. The illegality or invalidity of any of the provisions or portions of application of any of the provisions of the Agreement shall not affect the legality or enforceability of the remaining provisions or portions of
10/2021 10
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
application of any of the provisions of the Agreement. This Agreement shall be interpreted as though it was a product of a joint drafting effort and no provisions shall be interpreted against a party on the ground that said party was solely or primarily responsible for drafting the language to be interpreted.
21. INTEGRATION. All exhibits identified in this Agreement are attached hereto and incorporated herein by reference. The Agreement contains the entire agreement and understanding between the parties as to the subject matter of this Agreement. It merges and supersedes all prior or contemporaneous agreements, commitments, representation, writings, and discuss ions between CONSULTANT and CITY, whether oral or written.
22. SUCCESSORS AND ASSIGNS : NO THIRD PARTY BE NEFICIARIES; 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 i n the Agreement wi thout the CITY's prior written consent, wh ich consent shall be in the CITY’s sole discretion. Any attempted assignment or transfer in breach of this provision shall be void. This Agreement is not intended and shall not be construed to create any third party benefit. This Agreement is not intended and shall not be construed to create a joint venture or partnership between the parties. CONSULTANT, its officers, employees and agents shall not have any power to bind or commit the CITY to any decision.
23. FINANCIAL RECORDS . Records of CONSULTANT’s direct labor costs, payroll costs, and reimbursable expenses pertaining to this project covered by this Agreement will be kept on a generally recognized accounting basis and made available to CITY if and when required.
24. NOTICES. All notices required hereunder shall be in writing and mailed postage prepaid by certified or r egistered mail, return receipt requested, or by personal delivery to the CITY's address as shown bel ow, or such other places as CITY or CONSULTANT may, from time to time, respectively, designate in a written notice given to the other. Notice shall be deemed received three (3) days after the date of the mailing thereof or upon personal delivery.
To CITY: Karan Reid, Director of Finance
Finance Department
City of Concord
1950 Parkside Drive
Concord, CA 94519-2578
10/2021 11
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
Phone: (925) 671-3192
Email: [email protected]
To CONSULTANT: Ajay Kolluri, Deputy Director
HDL Companies
120 S. State College Blvd., Suite 200
Brea, CA92821
Phone: (714)879-5000
Email: [email protected]
25. NON-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.
26. EXECUTION. Each individual or entity executing this Agreement on behalf of Applicant represents and warrants that he or she or it is duly authorized to execute and deliver this Agreement on behalf of Applicant and that such execution is binding upon Applicant.
This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.
IN WITNESS WHEREOF, the parties have executed this Agreement in one (1) or more copies as of the date and year first written above.
CONSULTANT CITY OF CONCORD , a Municipal
Corporation
By:_________________________________ By:______________________________ Name: Ajay Kolluri Name: Valerie J. Barone
Title: Deputy Director Title City Manager
Address: 120 S. State College Blvd., Suite 200 Address: 1950 Parkside Drive Brea,CA 92821 Concord, CA 94519
Telephone: (714)879-5000 Telephone: (925) 671-3150
Email: [email protected]
APPROVED AS TO FORM: ATTEST: Page 15 of 23
10/2021 12
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
Susanne Brown Joelle Fockler, MMC
City Attorney City Clerk
FINANCE DIRECTOR'S CERTIFICATION:
Concord, California
Date:
I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEAR 2023 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.
THE SUM OF $162,000. Account Code 10037001Z01 63800-400.
Finance Director's Signature
120 S. State College Blvd. Suite 200 | Brea, CA 92821 | 714.879.5000 | hdlcompanies.com
EXHIBIT A
SCOPE OF SERVICES
Objective 1: Technical Assistance and Subject Matter Expertise HdL will provide up to 40 hours of general consulting to be utilized on an as-needed basis at the City’s request. These hours will initially be used to conduct an investigation of The Parent Company and its owners and principals to ensure that they meet all necessary qualifications under the City’s cannabis ordinance and that there are no red flags or disqualifiers that the City may wish to consider before granting the transfer of the local license to the new owners. HdL anticipates that only a portion of these hours will be used to conduct this investigation. Additional information regarding the individual owners will be obtained through our supplemental background checks described under Objective 2.
These hours may also be used to provide technical assistance, subject matter expertise, education, monitoring of changes to State laws and regulations, responding to staff inquires via phone and email, reviewing staff reports to the City Council, assisting with responses to inquiries from permittees or the public, or other issues yet to be determined as requested by the City.
Objective 2: Supplemental Background Checks
HdL shall provide background checks of all owners, principals, managers and employees of cannabis businesses. Our background checks supplement the State-required Live Scan fingerprint check, which will only disclose Department of Justice (DOJ) records regarding arrests or convictions. California’s licensing agencies are only allowed to consider convictions for certain “red line” offenses such as serious or violent felonies, or certain felonies involving fraud, minors or drug trafficking, as automatic disqualifiers before granting or denying a license.
Our supplemental background checks expand upon the Live Scan information to identify other factors that local governments may wish to consider before granting discretionary business licenses or permits. These considerations may include other felony offenses, misdemeanor convictions, arrest records, civil judgements, restraining orders, the terrorist screening database, the national sex offender registry, delinquent child support payments, bankruptcies, employment and credit records, and more. Our search includes up to 5 variations on the subject’s name and will alert if additional aliases are found which might warrant further investigation.
Our comprehensive background process checks the subject’s name and social security number against over 200 million databases nationwide, including all of the following1:
7 yr. unlimited county courts and criminal records search Social Security, name and address comparison
1 Renewals and background checks for employees include a lesser level of investigation.
DMV search
National Criminal Court report
National Sex offender registry
Federal criminal history
State Department of Public Safety
State Department of Corrections
Terror watch list
Bankruptcy, lien and judgments
Delinquent child support payments
Employment credit report
o Financial summary
o Personal information comparison
o Address comparison
o Employment comparison
o Credit bureau report / credit history
o Public records search
Any felony convictions that would be automatic disqualifiers pursuant to B&P 26057 (Violent and Serious Felony Convictions) must be confirmed through the Live Scan process. The degree to which other records may be used to inform the approval or renewal of a local business license or permit is subject to local ordinance requirements.
HdL offers separate rates for owners, principals or managers of cannabis businesses and for regular employees or line staff. We also offer a lower rate for annual renewals after the initial background check has been completed. Our rates include an HdL-designed employee identification badge with the city or county logo which meets all State regulatory requirements.
HdL provides an online portal for applicants to submit their application and authorization for background checks and all necessary documentation. Applicants provide their payment directly to HdL through the portal, so there is no cost to the City.
Prices valid as of the date of this proposal and subject to change without notice.
Background Checks Owner, principal
or manager
Employee or
line staff
Initial background check $300 $100
Annual renewal $100 $75
Reissue lost or stolen badge $10 $10
Objective 3: Annual Revenue Audits
HdL will conduct an annual revenue audit of each cannabis business to verify the accuracy of the revenue reported and remitted to the City during the review period and will recommend a tax assessment should the audit reveal any unreported revenue. As part of the audit process, HdL will conduct a risk-based review of each business using our proprietary Cannabis Analytical Testing System (CATS™). CATS was designed by HdL to address the unique challenges associated with auditing the cannabis industry. CATS allows audit staff to cross-analyze multiple business records to identify reporting variances, discrepancies and outliers to produce the most accurate measure of gross receipts on behalf of the City.
To initiate the process, the City shall provide HdL with a list of all licensed cannabis businesses subject to audit. HdL shall work with the City to determine the appropriate review period for each business and to develop a schedule for conducting all audits. As the time for each audit approaches, HdL will prepare a notification letter informing the licensee of the impending audit and providing a list of all records and documentation the business is required to provide, including remote access to the business’s point-of-sale (POS) system where applicable. HdL recommends that the notification letter be sent by the City to communicate HdL’s authority to conduct the audit and to encourage cooperation by the business.
The full annual audit shall include:
Review Point-of-Sale (POS) system structure
Review inventory system (subject to METRC data)
Analyze and compare POS data with other available data sources, including:
o City cannabis tax returns
o State tax returns
o Federal tax returns
o METRC sales and inventory data
o CDTFA data
o Bank statements
o ATM or other merchant statements
o Sales receipts
o Other financial documents as available
Identify any variances or over/under reporting
Calculate any taxes or fees due to the City
Prepare and issue report
Where cannabis cultivation is taxed on a square-footage basis, the audit shall include one annual site inspection to verify compliance with maximum permitted canopy area. Square footage audits may also consider documented findings from inspections by the City, DCC or other agencies, where available.
A business that holds multiple state cannabis licenses shall be considered a single business for audit purposes, provided that all licenses are held and operated under the
same name, ownership, location, and a single tax ID number. Any variation may indicate separate business entities requiring separate audits. Any such determination shall be made on a case-by-case basis in consultation with the City.
HdL will provide a draft audit report to the commercial cannabis business. The business will be given an appropriate opportunity to respond or appeal the report in accordance with the City ordinance. HdL will review any documentation provided by the business to dispute the findings and will adjust the tax/fee assessment as necessary prior to issuing the final report to the City.
The cost for this service assumes a standard 12-month review period. The cost for a longer term shall be increased per each additional 6-month period (2 fiscal quarters). Pricing available upon request. This cost also assumes reasonable cooperation from the licensee.
Non-cooperation by the licensee may result in additional charges at HdL’s hourly rate, or in termination of the audit and potential enforcement action by the City. Any such action or additional charges would be determined in consultation with the City.
The cost does not include assistance with administrative appeals or enforcement of audit findings, cannabis tax policy questions or guidance, or other services not directly associated with preparing the revenue audit report. Any costs associated with such additional services would be billed at HdL’s hourly rate.
Objective 4: Compliance Inspections
HdL will conduct one or more on-site compliance inspections annually, as requested by the City, for each permitted cannabis business to determine compliance with State and/or local laws. If HdL identifies any non-compliant activities, we will provide the City with a recommended appropriate action to address the deficiency and to ensure future compliance by the permittee.
The cost for these services includes all of the following:
Notifying permittee of pending inspection
On-site inspection to ensure that each business complies with all State and local laws and regulatory protocols for all of the following:
o Inventory management
o Cash handling procedures
o Access control
o Video surveillance
o Product safety
o Alarm system maintenance and safety
o Lock standards
o Packaging and labeling
o Waste management
o Transportation documentation
o Surveillance equipment maintenance
o Occupational badges
o Business records
o Other items as necessary to ensure compliance with laws Preparation of a draft report detailing the findings of the inspection and providing recommendations for improvement where needed. If the inspection identifies any violations of law or other non-compliance issues, then HdL will prepare a notice to comply as an included part of the report.
All travel costs associated with the inspection
All phone, email and other communications involved in preparing for, scheduling and coordinating the inspections and providing the report.
The cost for this service does not include any follow-up re-inspection or review of any supplemental documents provided to address or contest any findings of non-compliance, nor does it include any assistance with the appeal of any enforcement action by the City.
Any costs associated with such additional services would be billed at HdL’s hourly rate.
COST SCHEDULE
The proposed services are broken down into specific line items in the cost table below. It is understood that the City may not require or request all of the services contemplated for purposes of providing the not-to-exceed figure below. HdL will only provide and bill for each service at the specific request of the City.
This cost does not include any follow-up re-inspection or review of any supplemental documents provided to address or contest any findings of non-compliance, nor does it include any assistance with the appeal of any enforcement action by the City. Any costs associated with such additional services would be billed at HdL’s hourly rate.
Prices are valid for 90 days from the date of this proposal to allow time for consideration and negotiating a service agreement. Once under contract, prices shall be honored for the first full year, with successive years subject to an annual increase based upon the Consumer Price Index for the Los Angeles-Long Beach-Anaheim region.
Scope of Service Objectives Estimated
Cost
Objective 1: Technical Assistance and Subject Matter Expertise Up to 40 hours at $250/hour to be used as needed
$10,0001
Objective 2: Supplemental Background Checks
Cost paid directly to HdL by applicant
No charge
to City
Objective 3: Annual Revenue Audits
Assumes standard 12-month review period
$10,000
per audit
Objective 4: Compliance Inspections
One or more inspections per year, as requested by the City $2,000
per inspection
Travel (if and as needed for meeting attendance) Hourly Rate2 TOTAL NOT TO EXCEED $106,0003
1 Objective billed at hourly rate
2 Or at a flat rate to be determined in consultation with the City 3 Assumes 8 businesses subject to Objectives 3 and 4
All City costs may be fully recoverable from applicants or permittees Conflicts of Interest and Non-Disclosure
HdL Companies works for the benefit of public agencies and has no private-sector clients in the cannabis industry. All cannabis business information will be kept confidential by HdL and will not be shared internally beyond those HdL employees who are required to have access for purposes of conducting the work contemplated herein, or for administrative purposes as necessary.
From: Reid, Karan <[email protected]>
Sent: Monday, February 27, 2023 8:58 AM
To: Barone, Valerie <[email protected]>
Subject: RE: Question about item 4d: HdL contract on consent
Good morning Valerie,
We are phasing these services in overtime as the various retail cannabis businesses open up.
The City will perform fiscal compliance reviews and potential site visits after a cannabis business has been operating for at least one year. So, for FY 22/23, we anticipate only using the consulting services, for FY 23/24, we expect to perform 3 compliance reviews (2 are currently open and we hope the 3rd will open before fiscal year end) and by year 3, we anticipate all 8 retail cannabis businesses will have been open a full year.
Importantly, however, please note this is a three-year, not to exceed contract. HdL will only perform services upon city staff direction. If the businesses do not open as anticipated, then there will be savings during the contract term.
Thanks,
Karan
Karan Reid
Director of Finance
City of Concord
[email protected]
925.671.3192
From: Obringer, Carlyn <[email protected]> Sent: Saturday, February 25, 2023 9:03 PM
To: Barone, Valerie <[email protected]>
Subject: Question about item 4d
Could you walk me through why the contract costs more than double year over year?
Thank you,
Carlyn
Carlyn Obringer
Councilmember, District 2
City of Concord
Get Outlook for iOS
Benched Correspondence
Agenda Item No. 4.d
February 28, 2023
Staff Report
Date: February 28, 2023
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: Kevin Wheat, PE, Associate Civil Engineer
[email protected]
(925) 671-3422
Subject: Considering approval of Amendment No. 2 to the Task Order with Comstock, Johnson & Associates (CJA) in the amount of $41,964.50, for a new total of $112,977.00 for design
engineering and related services for the Civic Center Roof Replacement Project (Project No. 2429); and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney (Measure Q, Measure V, Building Maintenance Funds).
CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c)(2), 15378 and/or 15061(b)(3).
Report in Brief
The Civic Center Roof Replacement Project (PJ 2429) involves replacement of the flat and sloped roofs of the Civic Center Buildings, including Wings A, C, D, and the Council Chamber. The project includes replacement of the gutters, downspouts, fascia boards, trim, and other features relating to the roof for a fully functioning roof system. Non-roof aspects of the project include replacement of the wood benches in the Civic Center courtyard, and drainage improvements. The project addresses many maintenance issues relating to the Civic Center roof and replaces materials that have reached the end of their original design life.
4.e4.e
City Council Agenda Report
Agenda Item No. 4.e
February 28, 2023
Comstock, Johnson & Associates (CJA) is the design architect of record for the project.
Amendment No. 2 to CJA’s Task Order for City Project No. 2429 is required to complete the project, however, this results in CJA’s new Task Order total exceeding the per project limit of $75,000, as stated in the executed Master Agreement for Professional Services, thus requiring City Council approval.
Recommended Action
Approve Amendment No. 2 to the Task Order with Comstock, Johnson & Associates (CJA) in the amount of $41,964.50 for a new total of $112,977.00 for design engineering and related services for the Civic Center Roof Replacement Project (Project No. 2429); and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney (Measure Q, Measure V, Building Maintenance Funds).
Background
In 2019, the Civic Center Roof Replacement Project was created as a result of ongoing maintenance issues, leaks, and roof materials noticeably past their original design life.
On June 2, 2020, City Council adopted the CIP Budget for Fiscal Years 2020-21 and 2021-22, which included funding the design and construction of Civic Center Roof Replacement Project in the amount of $2,200,900.00. In Fiscal Years 2022-23, additional funding in the amount of $850,000 was added to the project as the project was underfunded and additional scope was later added to the project to include the replacement of the wooden benches and incorporate the addition of roof drains and extensions of downspouts to landscaping areas that were initially part of the Civic Center Greening Project, bringing the total project budget to $3,050,900.00.
On July 1, 2021, City Staff approved a Task Order in the amount of $52,030.00 to CJA, to provide architectural design services, cost estimating, and preparation of plans and specifications to replace the existing roof.
On September 26, 2022, City Staff approved an Amendment No. 1 of CJA’s Task Order for City Project No. 2429 in the amount of $18,982.50 in order to provide additional design services for scope not in the original task order. This work primarily involved addressing the existing roof drainage issues at the Civic Center and evaluating designs for courtyard drainage for future capture of roof stormwater runoff in green infrastructure treatment areas. This work also included modification of downspout locations and sidewalk drains.
In December 2022, in order to bid the project this past January, City Staff added to the scope to the design work needed from CJA to include designing the replacement of the wood benches at the Civic Center courtyard and incorporating a bidding alternative for the roof shingle material. Additionally, CJA’s contract was amended to include bidding assistance, construction support, and coordination with the Building Department. None of these elements were originally included in CJA’s initial Task Order nor Amendment
City Council Agenda Report
Agenda Item No. 4.e
February 28, 2023
No. 1. Amendment No. 2 encompasses all the architectural design work and construction support needed to reach project completion.
Analysis
Amendment No. 2 to CJA’s Task Order for City Project No. 2429 involves the following additional design services that were/are needed to complete the Civic Center Reroofing project:
Provide design for the Civic Center Benches Project (City Project No. 2565) and combine with the bid documents of City Project No. 2429. Investigate and develop technical specifications for alternate roof shingle (shake) materials as part of an alternate bid.
Coordination and design modifications with other Civic Center related projects, such as the HVAC Council Chambers Project (City Project No. 2564) and Civic Center Greening Project (City Project No. 2518).
Provide assistance to staff in analyzing the bids received and construction support (not included in original Task Order).
At the time of preparing this staff report, the Civic Center Roof Replacement Project (City Project No. 2429) was being advertised for bids with bid opening scheduled for February 9, 2023. Most of the scope included in this Task Order Amendment has already been completed by CJA in order for the project to stay on schedule. The project is expected to start construction in early May 2023 and be completed by October.
Construction on the Council Chamber roof will take place in the month of July, when City Council is on break.
Design Process
Refer to “Background” section of this staff report for history of CJA’s Task Order for Project No. 2429.
City Staff combined the scope of multiple projects into City Project No. 2429 including Civic Center Wooden Benches (Project No. 2565), Civic Center Greening (Project No. 2518), and coordination with the Council Chamber HVAC (City Project No. 2564). The amendments to CJA’s Task Order are a direct result of adding scope from other projects into the subject project, per direction from City Staff. This was done in order to complete certain aspects of the other projects that tie into the roof, in anticipation of better bids, and minimizing the length of disturbance within the Civic Center Campus.
City Staff directed CJA to proceed with the added scope involved for design services in order for the project to stay on schedule so that construction work could be completed prior to the Winter of 2023. No additional task order amendments are anticipated for CJA for this project, as design has been completed, and the project has been bid.
City Council Agenda Report
Agenda Item No. 4.e
February 28, 2023
Amendment No. 2 for CJA will put their current Task Order amount for City Project No. 2429 over the previous staff-authorized allowable threshold of $75,000; and therefore requires City Council approval.
Financial Impact
The project is budget is currently $3,050,900.00 and there are sufficient funds to cover this Task Order Amendment No. 2. Due to high bids received for construction of this project, additional funding will be required to cover project construction – including construction management and inspection. Once analysis of the bids has completed, staff will return to Council for bid award and recommendations for additional project funding. This is expected to occur at the March 28, 2023 meeting.
The project is funded by Measure Q, Measure V, and Building Maintenance Funds.
Environmental Determination
The award of this design Task Order does not constitute a “project” within the meaning of CEQA Guidelines Section 15060(c)(2) 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 reflects 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
CIVIC CENTER ROOF REPLACEMENT PROJECT
CITY PROJECT NO. 2429
COUNCIL
CHAMBERS
WING A
WING D
WING C