1 COUNCILMEMBERS
Laura M. Hoffmeister, Mayor
Edi E. Birsan, Vice Mayor
Dominic D. Aliano
Laura M. Nakamura
Carlyn S. Obringer
Civic Center
1950 Parkside Drive
Concord, CA 94519
www.cityofconcord.org
Regular Meeting of the
Concord City Council/City
Council Sitting as the
Local Reuse Authority
Tuesday,
December 5, 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* Members of the public are invited to attend and participate at: Council Chamber, 1950 Parkside Drive, Concord, CA.
Please note the following change to the City’s public comment procedures: Unless a Councilmember is participating in the meeting remotely pursuant to AB 2449, remote public comment will not be accepted. Public comment may be provided in-person or via email, as set forth below. 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.
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 2. REMOTE: Remote public comment will not be accepted, except when a Councilmember participates remotely pursuant to AB 2449. At the time of the posting of this agenda, none of the Councilmembers have notified the City Clerk’s Office that they intend to participate remotely pursuant to AB 2449, and therefore no remote public comment will be accepted at the meeting. If, after publication of this agenda and before the meeting begins, any councilmember determines that they will need to participate remotely due to just cause or emergency circumstances under AB 2449, their remote participation will be announced at the outset of the meeting in connection with the Roll Call item. If a Councilmember participates in the meeting remotely pursuant to AB 2449, the public may participate and provide public comment remotely, as follows:
a. Zoom:
https://cityofconcord.zoom.us/j/81780709078?pwd=o9c3N6PfAQMBRHrMHlqadCfABAlb GQ.6eA4pjGN3ryqoODg or Zoom Webinar ID: 817 8070 9078 and Passcode: 791950 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.Watch 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 – Announcements/Consideration and Approval of Requests by Councilmembers to Participate Remotely Pursuant to AB 2449 Pledge of Allegiance – St. Bonaventure Catholic Church's Cub Scout Pack 444
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.
3. PRESENTATIONS
a. Proclamation – to Contra Costa Blue Star Moms, California Chapter 20, honoring and appreciating their noble work and commending the organiziation for its many contributions to supporting our Troops, Veterans, fallen Heroes, and their families. Presentation by Mayor Hoffmeister. b. Presentation – of the Mayor's Community Service Award to "Smitty" S.M.
Ardrey. Presentation by Mayor Hoffmeister.
4. CITY COUNCIL/CITY COUNCIL SITTING AS THE LOCAL REUSE AUTHORITY (LRA) CONSENT CALENDAR
The public is entitled to address the City Council/LRA on items appearing on the Consent Calendar before or during the City Council’s/LRA’s consideration of the Consent Calendar. Adoption of the Consent Calendar may be made by one motion of the City Council/LRA, 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.
CITY COUNCIL CONSENT CALENDAR
a. Considering – approval of the minutes from the November 7 and 28, 2023, meetings. Recommended by the City Clerk.
b. Receiving – the Treasurer's Report for the period July 1 - September 30, 2023. Recommended by the City Treasurer.
c. Confirming – the appointment of Jency James as the City of Concord’s representative to the Contra Costa Transportation Authority - Citizens 4 Advisory Committee (CAC) for a four-year term ending in 2025.
Recommended by Mayor Hoffmeister.
CITY COUNCIL/LOCAL REUSE AUTHORITY (LRA) CONSENT CALENDAR d. Considering – the amendment of five (5) Professional Services Agreements (PSAs) for various consultant services in the combined amount of $130,000 for work related to the review and consideration of a Term Sheet and work related to the redevelopment of the former Concord Naval Weapons Station (CNWS) establishing a new combined not-to-exceed amount for those PSAs of $288,000 through January 31, 2024; and authorizing the Executive Director of the LRA to execute the amendments in a form acceptable to the City Attorney. (Original combined PSAs $158,000 from LRA Loan Reserve (General Fund); these amendments $130,000 from the Exclusive Negotiating Agreement (ENA) Deposit to the LRA by BCUS Acquisitions LLC (Brookfield).) Recommended by the Director of Economic Development and Base Reuse.
CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(3), and/or 15378.
5. CITY COUNCIL REORGANIZATION PROCEEDINGS
The public is entitled to address the City Council on items appearing on the agenda before or during the City Council’s consideration of that item. Each speaker will be limited to approximately three minutes. Please see “How to Participate” above.
a. Comments – on her year as Mayor. Report by Mayor Hoffmeister. b. Considering – nomination of Mayor and adoption of a Resolution confirming and designating Mayor of the City of Concord. Recommended by the City Clerk.
c. Considering – nomination of Vice Mayor and adoption of a Resolution confirming and designating Vice Mayor of the City of Concord.
Recommended by the City Clerk.
6. LOCAL REUSE AUTHORITY REORGANIZATION CONFIRMATION
a. Considering – confirmation of the designation of Mayor and Vice Mayor to serve as the Chair and Vice Chair of the Local Reuse Authority for the Concord Naval Weapons Station Reuse Plan as authorized by Resolution No. 06-01, adopted January 10, 2006. Recommended by the City Clerk.
7. ADJOURNMENT
Next Meeting: Regular Meeting
Date: 12/12/2023 6:30 p.m.
5 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: D'Marco Anthony <[email protected]>
Sent: Tuesday, December 5, 2023 9:24 AM
To: City Clerk <[email protected]>; Barone, Valerie <[email protected]>; Ezell, Justin <[email protected]>
Cc: Concord City Council Email <[email protected]>; Hoffmeister, Laura <[email protected]>; Obringer, Carlyn <[email protected]>; Aliano, Dominic <[email protected]>; Birsan, Edi <[email protected]>; Nakamura, Laura <[email protected]>
Subject: Public comment - Item 3a
Dear Concord City Council and Staff,
I am honestly very disappointed that the City of Concord invited Blue Star Moms to give a presentation tonight. On their national website, they wrote “We first came together shortly after the terrorist's attacks on 9/11/2001”. Do you know what the military response was to 9/11? It was an utter failure, an illegal invasion which resulted in the death and destruction of many innocent civilians. Any “service member” that invaded Iraq was in direct violation of international law. People that break the law should be condemned, not glorified. We should be promoting peace, not endless wars.
As someone that calls out toxic masculinity when I see it, I cannot help but call out the toxic femininity of this group. Well, at least it is not Veteran’s of Foreign Wars speaking tonight; they are a pro-Seeno organization. I hope in the future, this City will reconsider inviting organizations such as Blue Star Moms.
Thanks!
D’Marco J. Anthony - Concord resident
Benched Correspondence
Agenda Item No. 3.a
December 5, 2023
3.a
REGULAR MEETING OF THE
CONCORD CITY COUNCIL/CITY COUNCIL
SITTING AS THE CONCORD-PLEASANT HILL
HEALTH CARE DISTRICT
CITY COUNCIL CHAMBER
1950 PARKSIDE DRIVE
CONCORD, CALIFORNIA AND VARIOUS
TELEPHONIC/ELECTRONIC LOCATIONS
TUESDAY, NOVEMBER 7, 2023
The Concord City Council met in a regular meeting in the Council Chamber, located at 1950 Parkside Drive and via various telephonic/electronic locations at 6:30 p.m. on Tuesday, November 7, 2023, with Mayor Hoffmeister presiding. The pledge of allegiance was led by Councilmember Aliano.
Minutes follow in abbreviated form per Resolution 3361 and Council Minutes of September 26, 1966.
ROLL CALL
COUNCILMEMBERS PRESENT: Dominic Aliano, Edi Birsan, Laura Nakamura, Carlyn Obringer, Laura Hoffmeister
STAFF PRESENT: Valerie Barone, City Manager; Susanne Brown, City Attorney; Justin Ezell, Assistant City Manager; Joelle Fockler, City Clerk; Stefanie Ananthan, Deputy City Clerk; Greg Taylor, Director of Information Technology; Mark Bustillos, Chief of Police; James Nakayama, Police Captain; Kevin Marstall, Director of
Community Development; ; Leng Power, Community Services Manager
MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Deberal Hickey, Mt. Diablo High School; Dr. Sediquu Popal, New Islamic and Cultural Community Center; David Litty, Windows & Beyond; Timothy Carr, Concord; Janette Kennedy, Loaves and Fishes of Contra Costa; Joleen Lafayette, Loaves and Fishes of Contra Costa; Eric Rehn; Natalie; Kelly McKinley
PUBLIC COMMENT PERIOD
Deberal Hickey, Mt. Diablo High School, spoke about the removal of three crosswalks including one that was ADA compliant in front of Mt. Diablo High School and the reinstallation of both ADA and non-ADA compliant crosswalks.
Dr. Sediquu Popal, New Islamic and Cultural Community Center, expressed his appreciation for the support received from Councilmembers related to the resettlement programs for Afghan refugees.
CITY COUNCIL/CITY COUNCIL SITTING AS THE CONCORD-PLEASANT HILL HEALTH CARE
DISTRICT CONSENT CALENDAR
Mayor Hoffmeister opened a public comment period, and upon receiving no public comment, closed the public comment period.
CITY COUNCIL CONSENT CALENDAR
APPROVAL OF MINUTES – October 24, 2023
A motion was made by Birsan and seconded by Aliano to approve the minutes from the October 24, 2023, regular meeting. The motion passed by unanimous vote of the Council.
4.a4.a
City Council Minutes November 7, 2023
2 ACCEPT AND APPROPRIATE GRANT FUNDS AND APPROVE BUDGET TRANSFERS – Sun Terrace Elementary School Crossing Enhancements Project (Project No. 2712) This item was pulled from consideration on the Consent Calendar by Councilmember Obringer who wanted to express appreciation of staff’s success in securing grant funds for the project and the importance of transportation-related improvements, especially to increase safety around schools.
Mayor Hoffmeister opened a public comment period, and upon receiving no public comment, closed the public comment period.
A motion was made by Obringer and seconded by Nakamura to approve the following:
1. Accept and appropriate $175,000 Transportation Development Act – Article 3 (TDA) Grant funds from the Metropolitan Transportation Commission (MTC) for the Sun Terrace Elementary School Crossing Enhancements Project (Project No. 2712); and
2. Approve budget transfers to the Sun Terrace Elementary School Crossing Enhancements Project (Project No. 2712) in the amounts of $37,000 from West Concord Bikeways Phase 2 (Project No. 2524) and $23,000 from Pothole Base Repair #2 Project (Project No. 2556) for local match funds required by the grant.
The motion passed by unanimous vote of the Council.
CITY COUNCIL/CITY COUNCIL SITTING AS THE CONCORD-PLEASANT HILL HEALTH CARE
DISTRICT CONSENT CALENDAR
ADOPTION OF RESOLUTION NO. 23-043 – John Muir Health Bylaws A motion was made by Birsan and seconded by Aliano to adopt Resolution No. 23-043 entitled, “A Resolution Amending John Muir Health Bylaws to Reflect the Dissolution of the John Muir Association and the Transfer of the Association’s Previous Responsibilities for Appointing Five Members to the Community Health Fund Board to John Muir Health.” The motion passed by unanimous vote of the Council.
CITY COUNCIL CONSIDERATION ITEM
UPDATE ON THE STATUS OF THE HOMELESS STRATEGIC PLAN – Homeless Strategic Plan Working Group’s Established Goals and Feedback on Proposed Strategies Community Services Manager Leng Power presented the staff report and provided an overview of the project background and timeline for the Homeless Strategic Plan.
Isaiah Rich-Wimmer, Director of Projects and Programs with Thurmond Consulting, gave a presentation on the Homeless Strategic Plan and provided an update of the progress made by the Homeless Strategic Plan Working Group. He reviewed the Strategic Plan Vision Statement, the draft Plan Goals pending City Council adoption, and a summary of the explored Plan Strategies, including the two strategies approved by the Working Group along with a comparison of their associated costs. He explained the concept of a mobile decentralized resource center, one of the strategies approved by the Working Group, including an overview of services provided, goals addressed, and associated costs. He then explained temporary housing support, the second strategy approved by the Working Group, including a summary of the three models currently under consideration, an overview of services provided under each of the three models, including goals addressed, resources needed, and the respective costs associated with each of the three models. He discussed the project implementation approach, strategies for future consideration, next steps and explained that Council was being requested to adopt the draft Plan Goals and provide input on the Plan Strategies.
City Council Minutes November 7, 2023
3 Following questions from the City Council, Mayor Hoffmeister recessed the meeting at 8:15 p.m.
The meeting resumed at 8:33 p.m.
Mayor Hoffmeister opened a public comment period.
David Litty, Windows & Beyond, spoke as a representative for the Homeless Strategic Plan Working Group and asked for Council support of the proposed strategies identified by the Working Group.
Timothy Carr, Concord, asked for additional clarification related to the Strategy of Rapid Rehousing, stated regardless of the strategies chosen by City Council, they will all require land to be operational and Council should assist in locating such land, and suggested the use of FEMA trailers.
Janette Kennedy, Loaves and Fishes of Contra Costa, spoke of the services offered to the City and provided information on their new mobile unit that provides hot lunches to those within Contra Costa County, and for those who can’t access a physical location, the delivery of food to different locations.
Joleen Lafayette, Loaves and Fishes of Contra Costa, spoke of their desire to be centered in Concord and that they’re currently serving several other cities within Contra Costa County by providing hot food. She also spoke of their free culinary program for individuals seeking an occupation in the culinary field.
Eric Rehn spoke of the importance of leasing property rather than purchasing it, felt that Scattered Sites Tiny Homes is a viable strategy, suggested reviewing San Diego’s program, and emphasized the need for mental health and drug use services.
Natalie spoke about Tiny Homes and the ability for them to be 3D printed prior to construction as an effort to save money in constructing the homes.
Kelly McKinley spoke about the importance of mobile units being made available to the unhoused and the difficulty for the unhoused to find accessible locations for shower and restroom facilities.
Mayor Hoffmeister closed the public comment period.
The Council provided feedback on the proposed strategies as follows:
Direct staff to gather additional information on all the explored strategies to be brought back to Council for further discussion, including other services or programs that currently exist that can be incorporated into a mobile resource center, with preference to three strategies:
Decentralized Resource Center, Rapid Rehousing, and Scattered Site Interim Housing Research and confirm the proposed strategies align with what other local agencies and jurisdictions have implemented
Use the allocated $5.2 million without expending additional funds from other sources Following discussion by the City Council, a motion was made by Aliano and seconded by Birsan to adopt the draft Plan Goals, with a modification to the Goal entitled, “Strengthen System Support” to include “Strengthen System Support in Partnership with Government and non-Government Agencies.” The motion passed by unanimous vote of the Council.
Council directed staff to reach out to May Patel, Valley Motel, for additional information to be brought back to Council regarding potential opportunities to use the proposed site for Scattered Site Interim Housing.
City Council Minutes November 7, 2023
4 CORRESPONDENCE
a. Agenda Item No. 4.a – Homeless Strategic Plan – Benched Correspondence b. Agenda Item No. 4.a – Homeless Strategic Plan – PowerPoint Presentation c. Agenda Item No. 4.a – Homeless Strategic Plan – Benched PowerPoint Presentation
COUNCIL REPORTS
Councilmembers shared information on events and activities in which they had participated since the last meeting and commented on items of interest.
ADJOURNMENT
By order of the Mayor, the meeting was adjourned on November 7, 2023, at 9:34 p.m.
LAURA M. HOFFMEISTER
MAYOR
JOELLE FOCKLER, MMC
CITY CLERK
REGULAR MEETING OF THE
CONCORD CITY COUNCIL/CITY COUNCIL
SITTING AS THE CONCORD-PLEASANT HILL
HEALTH CARE DISTRICT
CITY COUNCIL CHAMBER
1950 PARKSIDE DRIVE
CONCORD, CALIFORNIA AND VARIOUS
TELEPHONIC/ELECTRONIC LOCATIONS
TUESDAY, NOVEMBER 28, 2023
The Concord City Council met in a regular meeting in the Council Chamber, located at 1950 Parkside Drive and via various telephonic/electronic locations at 6:30 p.m. on Tuesday, November 28, 2023, with Mayor Hoffmeister presiding. The pledge of allegiance was led by Councilmember Obringer.
Minutes follow in abbreviated form per Resolution 3361 and Council Minutes of September 26, 1966.
ROLL CALL
COUNCILMEMBERS PRESENT: Edi Birsan, Laura Nakamura, Carlyn Obringer, Laura Hoffmeister
COUNCILMEMBERS ABSENT: Dominic Aliano
STAFF PRESENT: Valerie Barone, City Manager; Susanne Brown, City Attorney; Justin Ezell, Assistant City Manager; Joelle Fockler, City Clerk; Stefanie Ananthan, Deputy City Clerk; Greg Taylor, Director of Information Technology; James Nakayama, Police Captain; Kevin Marstall, Director of Community Development; Leng Power, Community Services Manager; Carlton Thompson, City Engineer; Joan Ryan, Principal Planner; Melissa Rea, Economic Development Specialist
MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Anonymous
PUBLIC COMMENT PERIOD
Anonymous spoke about the Airbnb property he operates in Concord and requested clarification on short-term rental laws within the City, stating he was recently notified to cease its operation by the end of the year.
PRESENTATIONS
BUSINESS RECOGNITION AWARDS
Mayor Hoffmeister introduced Economic Development Specialist Melissa Rea, who presented an overview of the program and introduction of recipients. Ms. Rea introduced Kevin Cabral, President/CEO for the Greater Concord Chamber of Commerce, who presented Business Recognition Awards to United Rentals; King’s Donuts; and Negocios Hispanos de Concord Committee.
Mayor Hoffmeister opened a public comment period, and upon receiving no public comment, closed the public comment period.
CONCORD RAPID RE-HOUSING PROGRAM
Mayor Hoffmeister introduced Leng Power, Community Services Manager who provided an update on the Concord Rapid Re-Housing Program.
City Council Minutes November 28, 2023
2 Tanya Ford-Goins, Director of Rapid Re-Housing and Housing Navigation Services for Hope Solutions, and Marina Williams, Senior Case Manager for Hope Solutions, responded to Council questions and extended their appreciation for the collaboration and support they’ve received in working with the City, in addition to their partnership with Coordinated Outreach Referral Engagement (CORE), in support of their mission to help individuals and families end poverty and provide permanent supportive housing solutions.
Mayor Hoffmeister opened a public comment period, and upon receiving no public comment, closed the public comment period.
CITY COUNCIL CONSENT CALENDAR
Mayor Hoffmeister opened a public comment period, and upon receiving no public comment, closed the public comment period.
APPROVAL OF MINUTES – November 14, 2023
A motion was made by Birsan and seconded by Obringer to approve the minutes from the November 14, 2023, regular meeting. The motion passed by the following vote:
AYES: Birsan, Nakamura, Obringer, Hoffmeister NOES: None ABSENT: Aliano REAPPOINTMENT OF CONCORD’S REPRESENTATIVE TO THE CONTRA COSTA MOSQUITO AND VECTOR CONTROL DISTRICT BOARD OF TRUSTEES – Perry Carlston A motion was made by Birsan and seconded by Obringer to reappoint Perry Carlston as Concord’s Representative to serve on the Contra Costa Mosquito and Vector Control District Board of Trustees for a four-year term ending December 31, 2027, as recommended by Mayor Hoffmeister. The motion passed by the following vote:
AYES: Birsan, Nakamura, Obringer, Hoffmeister NOES: None ABSENT: Aliano APPROVAL OF AN AMENDMENT TO A PROFESSIONAL SERVICES AGREEMENT – MIG, Inc.
A motion was made by Birsan and seconded by Obringer to approve an amendment to a Professional Services Agreement increasing the total contract amount by $34,400 (for a new total of $210,871) with MIG, Inc. to address additional work that was necessary to complete the Objective Design Standards project, and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney. The motion passed by the following vote:
AYES: Birsan, Nakamura, Obringer, Hoffmeister NOES: None ABSENT: Aliano APPROVAL OF A TASK ORDER – Nichols Consulting Engineers (NCE) A motion was made by Birsan and seconded by Obringer to approve a Task Order with Nichols Consulting Engineers (NCE) in the not-to-exceed amount of $216,500 to provide design engineering and related services for the Civic Center Greening Project (Project No. 2518) located at the City’s Civic Center campus, and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney. The motion passed by the following vote:
AYES: Birsan, Nakamura, Obringer, Hoffmeister NOES: None ABSENT: Aliano
City Council Minutes November 28, 2023
3 CITY COUNCIL/CITY COUNCIL SITTING AS THE CONCORD-PLEASANT HILL HEALTH CARE
DISTRICT CONSIDERATION ITEM
JOHN MUIR COMMUNITY HEALTH FUND BOARD
City Clerk Joelle Fockler presented the staff report, provided background information regarding the John Muir Community Health Fund Board, including responsibilities, selection criteria and appointment, and the current composition of Board members. City Clerk Fockler explained that Council was being requested to (1) either appoint Councilmember Nakamura or open a recruitment to appoint a member of the public as a City of Concord representative to the John Muir Community Health Fund Board for a term ending December 31, 2026, and (2) open a recruitment to appoint a member of the public as a City of Concord representative to fill the remainder of a term to the John Muir Community Health Fund Board ending December 31, 2025, due to an unscheduled vacancy created by the resignation of Niko Anagnostopoulos.
Mayor Hoffmeister opened a public comment period, and upon receiving no public comment, closed the public comment period.
Following discussion by the City Council, a motion was made by Birsan and seconded by Nakamura to (1) appoint Councilmember Nakamura as a City of Concord representative to the John Muir Community Health Fund Board for a term ending December 31, 2026, and (2) open a recruitment to appoint a member of the public as a City of Concord representative to fill the remainder of a term to the John Muir Community Health Fund Board ending December 31, 2025, and setting a deadline of Friday, December 29, 2023, at 5 p.m. for applications to be due to the City Clerk. The motion passed by the following vote:
AYES: Birsan, Nakamura, Obringer, Hoffmeister NOES: None ABSENT: Aliano
CORRESPONDENCE
a. Agenda Item No. 3.b – Rapid Rehousing Program Update – PowerPoint Presentation
COUNCIL REPORTS
Councilmembers shared information on events and activities in which they had participated since the last meeting and commented on items of interest.
ADJOURNMENT
By order of the Mayor, the meeting was adjourned on November 28, 2023, at 8:02 p.m.
LAURA M. HOFFMEISTER
MAYOR
JOELLE FOCKLER, MMC
CITY CLERK
MEMORANDUM
TO: City Council
FROM: Patti Barsotti, City Treasurer
DATE: October 26, 2023
SUBJECT: Treasurer’s Report: July 1, 2023 – September 30, 2023 The attached report presents the City’s invest ment portfolio as of the quarter ending September 30, 2023 and has been prepared in compliance with California Code Section 53646. Market values have been provided by PFM Asset Management on the attached detail.
On April 1, 2013, the City contracted with investment advisor PFM Asset Management to manage the City’s portfolio. The City’s strategy is to retain sufficient cash flow t o manage day -to-day operations and have PFM focus on longer-term investment management. All investments are held by the City in safekeeping accounts through BNY Mellon and US Bank, except for investments held by trustees related to bond financings.
City Managed
(in millions)
PFM Managed
(in millions)
Total Unrestricted
Portfolio
(in millions)
Restricted
(in millions)
Cash LAIF CAMP Cal Trust Portfolio (Market Value)
LAIF
COP Proceeds
Portfolio
Balance $5.55 $34.53 $129.11 $22.92 $59.60 $251.71 $98.14 Effective
Yield N/A 3.59% 5.55% 5.01% 5.10% 4.61% 3.59%
Avg.
Weighted
Maturity N/A 1 Day 1 Day 1 Day 2.52 Years .43 Years 1 Day Treasurer Certification:
I certify that these reports accurately reflect all pooled investments, are in compliance with California Government Code Section 53646 and are in conformity with the investment policy adopted by City Council, June 27, 2023. This report will be posted to the Treasurer’s Website within 45 days of quarter end to comply with the City’s investment policy mandate.
As Treasurer of the City of Concord, I hereby certify that sufficient investment li quidity and anticipated revenue are available to meet the next six month’s estimated expenditures (CA Code sec 53646(b)).
4.b
Sector Average Maturity Par Amount Adjusted Cost Market Value Coupon Yield at
Market
Cash on Hand* 1 Day 5,471,290.73 5,471,290.73 5,471,290.73 - - Portfolio Cash 1 Day 75,693.14 75,693.14 75,693.14 - 5.25% CAMP* 1 Day 129,108,520.98 129,108,520.98 129,108,520.98 - 5.55% LAIF* 1 Day 34,529,830.98 34,529,830.98 34,529,830.98 3.59% LAIF Restricted Financing Proceeds* 1 Day 98,135,299.42 98,135,299.42 98,135,299.42 - 3.59% Cash Equivalents Subtotal 1 Day 267,320,635.25 267,320,635.25 267,320,635.25 4.46% CalTrust Short Term Fund* 1 Day 3,550,000.00 4,516,422.26 4,506,224.19 - 5.19% CalTrust Medium Term Fund* 1 Day 17,050,000.00 19,135,712.40 18,411,707.52 - 4.97% Other Investments Subtotal 1 Day 20,600,000.00 23,652,134.66 22,917,931.71 5.01% U.S. Treasuries 3.07 Years 35,875,000.00 34,432,261.38 32,768,445.12 1.53% 4.82% Federal Agencies 1.83 Years 4,175,000.00 4,169,116.03 3,835,036.05 0.45% 5.18% Federal Agency CMBS 1.17 Years 400,000.00 404,941.55 387,737.94 3.06% 5.78% Supranationals 0.60 Years 2,110,000.00 2,109,617.52 2,046,506.86 0.39% 5.48% Municipal Obligations 1.81 Years 2,790,000.00 2,790,684.62 2,611,856.45 1.38% 5.43% Corporate Notes 2.02 Years 17,100,000.00 17,169,916.85 16,257,051.50 2.55% 5.46% Certificates of Deposit 2.09 Years 1,700,000.00 1,700,000.00 1,693,021.42 5.57% 5.76% PFM Managed Portfolio Subtotal 2.52 Years 64,150,000.00 62,776,537.95 59,599,655.34 5.10% Total 0.43 Years 352,070,635.25 353,749,307.86 349,838,222.30 4.61% Earnings Summary July 1, 2023 - September 30, 2023 (Accrual Basis) Ending Amortized Value of Securities 62,776,537.95
Ending Accrued Interest 315,418.83
Plus Proceeds from Sales 4,499,451.32
Plus Proceeds of Maturities/Calls/Principal Payments -
Plus Coupons Received 268,958.86
Less Cost of New Purchases (4,800,420.03)
Less Beginning Amortized Value of Securities (62,560,019.76) Less Beginning Accrued Interest (287,359.64)
Portfolio Securities Subtotal 212,567.53
LAIF Subtotal $1,276,996.94
CAMP Subtotal $1,948,639.73
CalTrust Subtotal $218,610.36
Grand Total 3,656,814.56
*Values provided by the City of Concord
City of Concord
Cash and Investment Summary
as of September 30, 2023
Cash Equivalents
Portfolio Securities
LAIF
CalTrust
PFM Managed Portfolio
Other Investments
CAMP
City of Concord
Cash and Investment Summary
as of September 30, 2023
U.S.
Treasuries
9%
Federal
Agencies
1%
Agency
CMBS
<1%
Supranationals
1%
Municipal
Obligations
1%
Corporate
Notes
5%
Certificates
of Deposit
<1%
LAIF
10%
LAIF
Restricted
Financing
Proceeds
28% CAMP
37%
CalTrust
6%
Cash
2%
Sector Breakdown
AAA
1%
AA
13%
A
3% BBB+
<1%
NR
<1%Cash
2%
Aaf
(CalTrust)
1%
NR
(LAIF/CalTrust)
43% AAAm
(CAMP)
37%
Credit Quality
83%
1% 4% 6% 6% <1% 0%
0%
20%
40%
60%
80%
100%
Less than
6 Months
6 to 12 Months 1 to 2 Years 2 to 3 Years 3 to 4 Years 4 to 5 Years Over 5 Years Maturity Distribution
Issuer
S&P
Rating Coupon Maturity Purchased
Days to
Maturity Par Amount Adjusted Cost Market Value
Yield at
Market
Cash Equivalents
Cash on Hand* NR - 10/1/2023 9/30/2023 1 5,471,290.73 5,471,290.73 5,471,290.73 - Portfolio Cash Account AAAm 5.25% 10/1/2023 9/30/2023 1 75,693.14 75,693.14 75,693.14 5.25% LAIF-City of Concord* NR 3.59% 10/1/2023 9/30/2023 1 9,886,560.17 9,886,560.17 9,886,560.17 3.59% LAIF-COP 2021 - Restricted* NR 3.59% 10/1/2023 9/30/2023 1 98,135,299.42 98,135,299.42 98,135,299.42 3.59% LAIF-Sewer Enterprise District - Restricted* NR 3.59% 10/1/2023 9/30/2023 1 24,643,270.81 24,643,270.81 24,643,270.81 3.59% CAMP* AAAm 5.55% 10/1/2023 9/30/2023 1 129,108,520.98 129,108,520.98 129,108,520.98 5.55% Cash Equivalents Subtotal 1 267,320,635.25 267,320,635.25 267,320,635.25 4.46% U.S. Treasuries
U.S. Treasury AA+ 0.38% 12/31/2025 5/6/2021 823 825,000.00 818,252.78 745,593.75 4.95% U.S. Treasury AA+ 0.38% 12/31/2025 6/7/2021 823 850,000.00 843,847.63 768,187.50 4.95% U.S. Treasury AA+ 0.38% 12/31/2025 7/7/2021 823 725,000.00 717,851.35 655,218.75 4.95% U.S. Treasury AA+ 0.38% 12/31/2025 8/5/2021 823 950,000.00 945,867.09 858,562.50 4.95% U.S. Treasury AA+ 0.38% 12/31/2025 9/7/2021 823 1,600,000.00 1,589,112.15 1,446,000.00 4.95% U.S. Treasury AA+ 0.38% 12/31/2025 10/6/2021 823 575,000.00 569,510.07 519,656.25 4.95% U.S. Treasury AA+ 0.38% 12/31/2025 11/4/2021 823 1,425,000.00 1,403,930.60 1,287,843.75 4.95% U.S. Treasury AA+ 0.38% 12/31/2025 12/6/2021 823 1,700,000.00 1,671,715.23 1,536,375.00 4.95% U.S. Treasury AA+ 0.75% 4/30/2026 1/6/2022 943 1,750,000.00 1,724,487.50 1,576,367.10 4.88% U.S. Treasury AA+ 0.75% 4/30/2026 2/14/2022 943 150,000.00 145,655.53 135,117.18 4.88% U.S. Treasury AA+ 0.75% 4/30/2026 2/25/2022 943 475,000.00 462,369.62 427,871.07 4.88% U.S. Treasury AA+ 0.63% 7/31/2026 6/6/2022 1,035 1,600,000.00 1,501,826.27 1,424,000.00 4.82% U.S. Treasury AA+ 0.63% 7/31/2026 7/8/2022 1,035 825,000.00 776,386.32 734,250.00 4.82% U.S. Treasury AA+ 0.63% 7/31/2026 8/4/2022 1,035 1,425,000.00 1,344,728.83 1,268,250.00 4.82% U.S. Treasury AA+ 0.63% 7/31/2026 8/15/2022 1,035 2,675,000.00 2,504,040.96 2,380,750.00 4.82% U.S. Treasury AA+ 2.00% 11/15/2026 10/11/2022 1,142 1,000,000.00 940,235.27 919,687.50 4.80% U.S. Treasury AA+ 2.00% 11/15/2026 11/4/2022 1,142 475,000.00 442,812.18 436,851.56 4.80% U.S. Treasury AA+ 2.00% 11/15/2026 12/7/2022 1,142 2,675,000.00 2,527,604.37 2,460,164.06 4.80% U.S. Treasury AA+ 2.00% 11/15/2026 1/6/2023 1,142 1,925,000.00 1,816,428.27 1,770,398.44 4.80% U.S. Treasury AA+ 2.75% 4/30/2027 2/3/2023 1,308 1,575,000.00 1,525,568.20 1,472,871.02 4.74% U.S. Treasury AA+ 2.75% 7/31/2027 3/6/2023 1,400 1,725,000.00 1,624,693.10 1,606,945.31 4.72% U.S. Treasury AA+ 2.75% 7/31/2027 5/5/2023 1,400 3,150,000.00 3,053,809.22 2,934,421.88 4.72% U.S. Treasury AA+ 2.75% 7/31/2027 6/6/2023 1,400 1,200,000.00 1,148,696.80 1,117,875.00 4.72% U.S. Treasury AA+ 2.75% 7/31/2027 7/7/2023 1,400 1,350,000.00 1,277,168.54 1,257,609.38 4.72% U.S. Treasury AA+ 2.75% 7/31/2027 8/4/2023 1,400 1,100,000.00 1,037,865.06 1,024,718.75 4.72% U.S. Treasury AA+ 2.75% 7/31/2027 9/8/2023 1,400 2,150,000.00 2,017,798.44 2,002,859.37 4.72% U.S. Treasuries Subtotal 1,120 35,875,000.00 34,432,261.38 32,768,445.12 4.82% Federal Agencies
Federal Home Loan Bank AA+ 0.50% 4/14/2025 4/16/2020 562 600,000.00 599,084.68 558,283.80 5.26% Federal National Mortgage Association AA+ 0.63% 4/22/2025 4/24/2020 570 600,000.00 599,614.43 558,723.60 5.27% Federal Home Loan Mortgage Corporation AA+ 0.38% 7/21/2025 7/23/2020 660 750,000.00 748,650.57 688,363.50 5.19% Federal National Mortgage Association AA+ 0.38% 8/25/2025 8/27/2020 695 650,000.00 648,842.57 594,246.90 5.17% Federal Home Loan Bank AA+ 0.38% 9/4/2025 9/11/2020 705 275,000.00 274,680.70 251,398.40 5.11% Federal Home Loan Mortgage Corporation AA+ 0.38% 9/23/2025 9/25/2020 724 650,000.00 649,224.48 592,759.05 5.11% Federal National Mortgage Association AA+ 0.50% 11/7/2025 11/12/2020 769 650,000.00 649,018.60 591,260.80 5.09% Federal Agencies Subtotal 668 4,175,000.00 4,169,116.03 3,835,036.05 5.18% as of September 30, 2023
Cash and Investment Detail
City of Concord
Operating Funds
Issuer
S&P
Rating Coupon Maturity Purchased
Days to
Maturity Par Amount Adjusted Cost Market Value
Yield at
Market
as of September 30, 2023
Cash and Investment Detail
City of Concord
Federal Agency CMBS
Federal Home Loan Mortgage Corporation AA+ 3.06% 12/1/2024 3/25/2020 428 400,000.00 404,941.55 387,737.94 5.78% Federal Agency CMO Subtotal 428 400,000.00 404,941.55 387,737.94 5.78% Supranationals
International Bank for Reconstruction and Development AAA 0.25% 11/24/2023 11/24/2020 55 940,000.00 939,900.33 932,950.00 5.29% Inter-American Development Bank AAA 0.50% 9/23/2024 9/23/2021 359 1,170,000.00 1,169,717.19 1,113,556.86 5.63% Supranationals Subtotal 220 2,110,000.00 2,109,617.52 2,046,506.86 5.48% Municipal Obligations
State of Connecticut AA- 2.00% 7/1/2024 6/11/2020 275 100,000.00 100,000.00 97,489.00 5.44% Chaffey Joint Union HS District CA AA- 2.10% 8/1/2024 12/5/2019 306 140,000.00 140,000.00 136,176.60 5.48% New York State Urban Development Corp. NR 0.87% 3/15/2025 12/23/2020 532 600,000.00 600,000.00 558,438.00 5.90% University of California AA 0.88% 5/15/2025 7/16/2020 593 160,000.00 160,000.00 149,257.60 5.25% Florida State Board of Administration AA 1.26% 7/1/2025 9/16/2020 640 300,000.00 300,000.00 278,817.00 5.54% Florida State Board of Administration AA 1.26% 7/1/2025 9/16/2020 640 115,000.00 115,297.05 106,879.85 5.54% Florida State Board of Administration AA 1.26% 7/1/2025 9/16/2020 640 160,000.00 160,387.57 148,702.40 5.54% Minnesota State AAA 0.63% 8/1/2025 8/25/2020 671 180,000.00 180,000.00 165,681.00 5.23% Los Angeles Community College District CA AA+ 0.77% 8/1/2025 11/10/2020 671 250,000.00 250,000.00 231,037.50 5.15% San Juan Unified School District CA NR 0.85% 8/1/2025 10/29/2020 671 250,000.00 250,000.00 231,145.00 5.21% California State University AA- 0.86% 11/1/2025 7/29/2021 763 170,000.00 170,000.00 155,023.00 5.38% New Jersey Transport Trust Authority AA- 1.05% 1/1/2026 2/4/2021 824 125,000.00 125,000.00 114,157.50 5.17% State of California AA- 4.85% 3/1/2027 3/15/2023 1,248 240,000.00 240,000.00 239,052.00 4.97% Municipal Obligations Subtotal 662 2,790,000.00 2,790,684.62 2,611,856.45 5.43% Corporate Notes
PNC Bank A- 3.50% 1/23/2024 2/15/2019 115 550,000.00 550,183.42 545,373.40 6.19% Charles Schwab A- 0.75% 3/18/2024 3/18/2021 170 195,000.00 194,984.97 190,393.32 5.95% Morgan Stanley A- 3.88% 4/29/2024 7/23/2019 212 550,000.00 553,816.59 543,158.00 6.08% Amazon.com Inc AA 0.45% 5/12/2024 5/12/2021 225 115,000.00 114,965.68 111,425.57 5.65% American Honda Finance A- 2.40% 6/27/2024 7/15/2019 271 575,000.00 574,574.33 560,561.18 5.90% Goldman Sachs BBB+ 3.85% 7/8/2024 7/11/2019 282 575,000.00 577,936.45 565,701.68 6.01% BB&T A- 2.50% 8/1/2024 8/5/2019 306 575,000.00 575,145.94 557,414.20 6.31% BMW Bank North America A 0.75% 8/12/2024 8/12/2021 317 130,000.00 129,996.63 124,482.80 5.84% Walt Disney A- 1.75% 8/30/2024 9/6/2019 335 600,000.00 599,550.75 579,340.20 5.66% Paccar Financial A+ 1.80% 2/6/2025 10/29/2020 495 335,000.00 339,782.35 318,566.58 5.62% Toyota Motor A+ 1.80% 2/13/2025 5/26/2020 502 285,000.00 285,809.17 270,709.82 5.65% Toyota Motor A+ 1.80% 2/13/2025 5/26/2020 502 65,000.00 65,262.94 61,740.83 5.65% Toyota Motor A+ 1.80% 2/13/2025 5/26/2020 502 100,000.00 100,283.92 94,985.90 5.65% American Express BBB+ 2.25% 3/4/2025 3/4/2022 521 155,000.00 154,925.72 147,268.91 5.94% Roche Holdings AA 2.13% 3/10/2025 3/10/2022 527 775,000.00 775,000.00 739,158.58 5.51% Home Depot A 2.70% 4/15/2025 3/28/2022 563 45,000.00 44,960.27 43,233.89 5.39% Citigroup Inc BBB+ 3.30% 4/27/2025 9/1/2020 575 400,000.00 414,858.46 384,402.40 5.93% Cintas Corporation A- 3.45% 5/1/2025 5/3/2022 579 130,000.00 129,984.89 125,711.04 5.65%
Issuer
S&P
Rating Coupon Maturity Purchased
Days to
Maturity Par Amount Adjusted Cost Market Value
Yield at
Market
as of September 30, 2023
Cash and Investment Detail
City of Concord
USAA Capital Corporation AA 3.38% 5/1/2025 5/26/2022 579 450,000.00 449,205.86 432,691.65 5.95% Apple Inc AA+ 1.13% 5/11/2025 5/13/2020 589 1,050,000.00 1,050,656.44 980,684.25 5.45% General Dynamics Corp A- 3.50% 5/15/2025 10/20/2020 593 425,000.00 442,006.37 411,698.35 5.54% JP Morgan Chase A- 0.82% 6/1/2025 6/1/2021 610 595,000.00 595,000.00 575,175.79 2.88% Amazon.com Inc AA 0.80% 6/3/2025 6/5/2020 612 725,000.00 724,881.00 671,529.80 5.47% National Australia Bank AA- 3.50% 6/9/2025 6/9/2022 618 485,000.00 485,000.00 468,812.16 5.59% National Rural Utilities Co Finance Corp A- 3.45% 6/15/2025 5/4/2022 624 100,000.00 99,985.22 96,322.00 5.74% IBM Corp A- 4.00% 7/27/2025 7/27/2022 666 450,000.00 450,000.00 437,708.70 5.59% Bank of America A- 3.88% 8/1/2025 8/20/2020 671 400,000.00 421,039.56 387,646.00 5.67% Abbott Laboratories AA- 3.88% 9/15/2025 9/28/2020 716 400,000.00 421,137.84 387,961.60 5.52% Bank of America A- 1.53% 12/6/2025 12/6/2021 798 500,000.00 500,000.00 472,563.50 4.19% JP Morgan Chase A- 2.60% 2/24/2026 2/24/2022 878 350,000.00 350,000.00 333,337.20 4.72% UnitedHealth Group A+ 1.15% 5/15/2026 5/19/2021 958 475,000.00 474,565.88 427,340.88 5.29% BMW Bank North America A 1.25% 8/12/2026 8/16/2021 1,047 325,000.00 324,944.03 289,219.45 5.45% Caterpilar Inc. A 1.70% 1/8/2027 1/13/2022 1,196 450,000.00 448,508.71 402,906.60 5.22% Target Corp A 1.95% 1/15/2027 1/24/2022 1,203 80,000.00 79,910.03 72,182.24 5.22% Bank OF New York Mellon Corp A 2.05% 1/26/2027 1/28/2022 1,214 925,000.00 923,634.38 826,798.30 5.60% Berkshire Hathaway AA 2.30% 3/15/2027 3/17/2022 1,262 900,000.00 888,327.45 821,961.00 5.06% National Australia Bank AA- 3.91% 6/9/2027 6/13/2022 1,348 400,000.00 397,356.27 376,435.60 5.69% Astrazeneca Finance LLC A 4.88% 3/3/2028 3/3/2023 1,616 450,000.00 449,196.48 441,194.85 5.38% Walmart, Inc. AA 3.90% 4/15/2028 4/18/2023 1,659 310,000.00 309,481.51 295,675.21 5.05% Lockheed Martin Corporation A- 4.45% 5/15/2028 5/25/2023 1,689 70,000.00 69,882.95 67,614.47 5.29% Merck & Co Inc A+ 4 .05% 5/17/2028 5/17/2023 1,691 180,000.00 179,865.13 172,668.60 5.05% John Deere Capital A 4.95% 7/14/2028 7/25/2023 1,749 450,000.00 453,309.26 443,295.00 5.30% Corporate Notes Subtotal 738 17,100,000.00 17,169,916.85 16,257,051.50 5.46% Certificates of Deposit
Toronto Dominion Bank NY A 5.60% 10/27/2025 10/31/2022 758 850,000.00 850,000.00 849,716.87 5.59% Nordea Bank AA- 5.53% 11/3/2025 11/3/2022 765 850,000.00 850,000.00 843,304.55 5.93% Certificates of Deposit Subtotal 761 1,700,000.00 1,700,000.00 1,693,021.42 5.76% Other Investments
CalTrust Short Term Fund* AAf 5.19% 10/1/2023 9/30/2023 1 3,550,000.00 4,516,422.26 4,506,224.19 5.19% CalTrust Medium Term Fund* NR 4.97% 10/1/2023 9/30/2023 1 17,050,000.00 19,135,712.40 18,411,707.52 4.97% Other Investments Subtotal 1 20,600,000.00 23,652,134.66 22,917,931.71 5.01% Operating Total 158 352,070,635.25 353,749,307.86 349,838,222.30 4.61% *Values provided by the City of Concord
Trade Date Settle Date Transaction CUSIP Issuer Coupon Maturity Par Value Yield at
Market
Purchases
7/3/2023 7/7/2023 Buy 91282CFB2 US TREASURY N/B NOTES 2.75% 7/31/2027 (1,350,000.00) 4.30% 7/21/2023 7/25/2023 Buy 24422EXB0 JOHN DEERE CAPITAL CORP CORPORATE NOTES 4.95% 7/14/2028 (450,000.00) 4.78% 8/1/2023 8/4/2023 Buy 91282CFB2 US TREASURY N/B NOTES 2.75% 7/31/2027 (1,100,000.00) 4.37% 9/5/2023 9/8/2023 Buy 91282CFB2 US TREASURY N/B NOTES 2.75% 7/31/2027 (2,150,000.00) 4.52% Sales
7/3/2023 7/7/2023 Sell 3137EAEW5 FREDDIE MAC NOTES 0.25% 9/8/2023 600,000.00 7/3/2023 7/7/2023 Sell 3137EAEY1 FREDDIE MAC NOTES 0.13% 10/16/2023 600,000.00 7/21/2023 7/25/2023 Sell 24422EVU0 JOHN DEERE CAPITAL CORP CORPORATE NOTES 0.63% 9/10/2024 190,000.00 7/21/2023 7/25/2023 Sell 912828ZW3 US TREASURY NOTES 0.25% 6/30/2025 300,000.00 8/1/2023 8/4/2023 Sell 3135G06H1 FANNIE MAE NOTES 0.25% 11/27/2023 250,000.00 8/1/2023 8/4/2023 Sell 3137EAEZ8 FREDDIE MAC NOTES 0.25% 11/6/2023 650,000.00 9/5/2023 9/8/2023 Sell 3135G06H1 FANNIE MAE NOTES 0.25% 11/27/2023 325,000.00 9/5/2023 9/8/2023 Sell 3137EAFA2 FREDDIE MAC NOTES 0.25% 12/4/2023 575,000.00 9/5/2023 9/8/2023 Sell 912828ZW3 US TREASURY NOTES 0.25% 6/30/2025 425,000.00 9/5/2023 9/8/2023 Sell 912828ZW3 US TREASURY NOTES 0.25% 6/30/2025 750,000.00 City of Concord
Investments Transactions Detail
July 1, 2023 - September 30, 2023
Credit Quality
Minimum Permitted Rating Lowest Rated Security
(S&P)
U.S. Treasuries N/A AA+
Federal Agencies N/A AA+
Supranationals "AA" Category by a NRSRO AAA
Municipal Obligations "A" Category by a NRSRO A+
Corporate Notes "A" Category by a NRSRO BBB+
Commercial Paper Highest Short-Term Category NA
Certificates of Deposit "A" Category by a NRSRO A-1/A
Maturity Limits
Maximum Maturity Limit Maximum Maturity
U.S. Treasuries 5 Years 3.84 Years
Federal Agencies 5 Years 2.11 Years
Federal Agency CMBS 5 Years 1.17 Years
Supranationals 5 Years 0.98 Years
Municipal Obligations 5 Years 3.42 Years
Corporate Notes 5 Years 4.79 Years
Commercial Paper 270 Days 0.00 Years
Certificates of Deposit 5 Years 2.10 Years
Sector Allocations
Maximum Allocation Current Allocation
U.S. Treasuries 100% 13.0%
Federal Agencies 100% 1.5%
Federal Agency CMBS* 0% 0.2%
Supranationals 30% 0.8%
Municipal Obligations 30% 1.0%
Corporate Notes 30% 6.5%
Commercial Paper 20% 0.0%
Certificates of Deposit 30% 0.7%
For informational purposes only and is not provided for compliance assurance, and is formatted for the City's use. *Effective August 18, 2020, federal agency securitized securities (including but not limited to mortgage-backed securities, collateralized mortgage obligations, commercial mortgage backed-securities are no longer authorized for purchase. Investments purchased before this date may be held in the portfolio until maturity.
City of Concord
Operating Funds Investment Policy Report
as of September 30, 2023
The current allocation calculation excludes funds in the LAIF-COP 2021 account, as bond proceeds are not subject to the City's Investment Policy sector limits, per California Government Code.
Note: Pre- and post-trade compliance for the account(s) managed by PFM Asset Management is provided via Bloomberg Asset and Investment Management ("AIM").
During the reporting period for the quarter ended September 30, 2023 the account(s) managed by PFM Asset Management ('PFMAM') were in compliance with the applicable investment policy and guidelines as furnished to PFMAM.
Acknowledged : PFM Asset Management LLC
City of Concord
Operating Funds Investment Policy Report
as of September 30, 2023
Investment Portfolio Benefits all Funds
The City’s cash and investment portfolio represents money from all City funds, including the General Fund, Enterprise funds, Capital Projects funds, and other funds, which are restricted to specific purposes.
In general, monies held by the City are allocated by the City Council for spending or are purposefully retained in reserves. For ex ample, the money in the Capital Projects fund has been identified to provide particular capital projects for the community and there is a plan for spending down the cash balance as the projects progress. In the General Fund, approximately $24.2 million is purposely held in reserve to meet the City’s reserve policy of a mini mum of 17% and a goal of 30% of operating expenditures. Due to the schedule of when the City receives revenues throughout the year, cash reserves typically dip in the months of July through December until the first installment of Property Taxes are received in December. Typically , 8% of our General Fund revenues are received as of September 30.
Compliance with Reserve Policy is measured at the end of the City’s fiscal year, June 30.
Below is a chart showing the composition of the cash and investment portfolio included in the September 30, 2023 Treasurer’s Report. It is important to understan
d that the only money not already allocated (but not yet spent) or restricted for a specific purpose is the General Fund Emergency Reserve, which is shown in the pie chart on the chart below in gray.
Fund Descriptions:
General Fund is the City’s operating fund that accounts for general purpose revenues and expenses and are by definition unrestricted. The Cash and Investments in the General Fund is comprised of the following categories: 1) Assignments and Restrictions for obligations already entered into but not yet paid; 2) Advances to Other funds which primarily re present advances to the Local Reuse Authority for the Naval Weapons Station redevelopment project and to the Golf Course for improvements at that facility; and 3) Emergency Reserve funds that are retained per Council Policy to address financial uncertainties.
Enterprise Funds report operations that are operating in a manner similar to a private business enterprise.
The Sewer Fund is the largest fund in this category and is legally restri cted to be used only for sewer related
activities.
Special Revenue Funds account for funds where the source of revenue is dedicated and restricted to a specific purpose. Housing funds, State Gas Tax funds and Assessment District funds represent exampl es of these types of funds.
Capital Projects Funds are used to track the financial resources set aside to acquire and/or construct major capital assets.
Internal Service Funds (ISF) are established to account for special activities and services performed by a designated department for other departments on a cost ‐reimbursement basis or replacem ent of necessary
equipment. Examples include Worker’s Compensation, Fleet Maintenance/Replacement, Information Technology, and Building Maintenance fund. Funds are restricted by policy through the City Council and spent in accordance with the program/equipment they are designated to support.
Trust Funds are used to account for assets held by the City as a trustee age nt for individuals, private
organizations, and other governments. Examples include the City of Concord Retirement System Pension Fund and the Successor Agency Private Purpose Trust Fund.
Staff Report
Date: December 5, 2023
To: City Council
From: Laura M. Hoffmeister, Mayor
Reviewed by: Joelle Fockler, MMC, City Clerk
Prepared by: Stefanie Ananthan, Deputy City Clerk
[email protected]
(925) 671-3085
Subject: Confirming the appointment of Jency James as the City of Concord’s representative to the Contra Costa Transportation Authority - Citizens Advisory Committee (CAC) for a four-year term ending in 2025.
Report in Brief
Confirm the appointment of Jency James as the City of Concord’s representative to the Contra Costa Transportation Authority – Citizens Advisory Committee for a four-year term ending in 2025.
Recommended Action
Confirm the appointment of Jency James as the City of Concord’s representative to the Contra Costa Transportation Authority – Citizens Advisory Committee for a four-year term ending in 2025.
Background
The Contra Costa Transportation Authority – Citizens Advisory Committee (CAC) is comprised of 19 City/County appointees and six (6) members appointed by the Authority. Claire Linder was appointed to represent the City of Concord on August 27, 2019, and again reappointed in August 2021. Ms. Linder’s term expired August 27, 2023, and she did not wish to be reappointed.
The CCTA-CAC serves the Authority by reviewing and commenting on transportation policies and issues broadly affecting Contra Costa County. Their role includes reviewing compliance checklists submitted by the jurisdictions in fulfillment of growth management
4.c
City Council Agenda Report
Agenda Item No. 4.c
December 5, 2023
requirements, and advising the Authority on strategic policy issues pertaining to the ongoing business of the Authority.
A recruitment for the Contra Costa Transportation Authority – Citizens Advisory Committee was announced on August 8, 2023. Applications were due to the City Clerk by Friday, September 8, 2023. The City Clerk received two (2) applications from Tijuk Fong Kurniadi and Ronald Leone. The Mayor interviewed applicants on October 9, 2023.
The recruitment did not result in an acceptably large applicant pool, therefore, another recruitment was announced on October 24, 2023, with applications due to the City Clerk by Friday, November 17, 2023. The City Clerk received one additional (1) application from Jency James. The Mayor interviewed the applicant on November 27, 2023.
Outside agency representatives are appointed by the Mayor and confirmed by the City Council.
Public Contact
The City Council Agenda was posted.
Staff Report
Date: December 5, 2023
To: City Council/City Council Sitting as the Local Reuse Authority From: Valerie J. Barone, City Manager
Prepared by: Guy Bjerke, Director of Economic Development and Base Reuse [email protected]
(925) 671-3076
Subject: Considering the amendment of five (5) Professional Services Agreements (PSAs) for various consultant services in the combined amount of $130,000 for work related to the review and consideration of a Term Sheet and work related to the redevelopment of the former Concord Naval Weapons Station (CNWS) establishing a new combined not-to-exceed amount for those PSAs of $288,000 through January 31, 2024; and authorizing the Executive Director of the LRA to execute the amendments in a form acceptable to the City Attorney.
(Original combined PSAs $158,000 from LRA Loan Reserve
(General Fund); these amendments $130,000 from the
Exclusive Negotiating Agreement (ENA) Deposit to the LRA by BCUS Acquisitions LLC (Brookfield).)
CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c),
15061(b)(3), and/or 15378.
Report in Brief
The 11 Professional Service Agreements (PSA) approved by the LRA for the Fiscal Year 2023/24 last June were focused on site-wide efforts like remediation monitoring or resource permitting and Master Developer selection activities funded by the LRA Loan Reserve balance. Those PSAs were set at constrained funding levels and the term of each agreement ends on January 31, 2024.
Five consultants are performing work at LRA request that will exceed their original PSAs “not-to-exceed” limits. This work is related to the negotiation of the Term Sheet with
4.d4.d4.d4.d4.d4.d
City Council Agenda Report
Agenda Item No. 4.d
December 5, 2023
Brookfield and will be paid for from the $250,000 ENA deposit to the LRA by Brookfield.
The combined increase in “not-to-exceed” amounts for the five consultants is $130,000.
See Table 1 in the Analysis section of this report for the allocation of the amendment funding. The term of each agreement is the same – ending on January 31, 2024.
Recommended Action
Approve the five (5) Professional Service Agreements amendments as listed in Table 1 (found in Analysis); authorize the Executive Director of the LRA to execute the amendments in a form acceptable to the City Attorney; and make the CEQA determinations as provided in this staff report.
Background
The LRA entered into PSAs with consultants last June before a new Master Developer was selected and an Exclusive Negotiating Agreement was reached. The PSAs were funded by LRA Loan Reserves and conservatively capped to preserve project resources.
A Master Developer has been selected and the Exclusive Negotiating Agreement provides a $250,000 deposit for LRA work in the negotiation of a Term Sheet.
The PSAs of five consultants require an amendment so that their additional efforts related to the negotiation of the Term Sheet can be paid for by the LRA. Those efforts will be paid for from the ENA deposit received from the Master Developer.
Analysis
The requested funding increases ensures that the work performed by, and required of, the listed consultants through January 31, 2024, can be paid by the LRA.
Staff will return to Council with additional contract amendments once a Term Sheet with the Master Developer is accepted by the LRA and an administrative reimbursement agreement is executed, expected in January. This approach was presented in the June 27, 2023 report to Council approving the 11 existing PSAs. The consulting contract amendments done after Term Sheet acceptance will support the development of the Specific Plan and environmental analysis and the costs for the work will be paid for by the Master Developer.
City Council Agenda Report
Agenda Item No. 4.d
December 5, 2023
Table 1: Proposed Contract Amendments
Consultant
Existing PSA
Amount
Proposed
Amendment
New “Not to
Exceed”
Burke Williams &
Sorensen
Burke Williams &
Sorensen provides
legal counsel
regarding
transactions and
agreements
between the LRA,
Master Developer
and collaborating
agencies.
$60,000 $70,000 $130,000
ERS
ERS provides analysis
and review of property
remediation projects and
future insurance
requirements.
$21,000 $10,000 $31,000
HR&A Advisors
HR&A Advisors provides
financial advice regarding
the negotiation of deal
structure and terms
between the LRA & Navy
and LRA & Master
Developer selection.
$35,000 $20,000 $55,000
Jarvis Fay
Jarvis Fay provides legal
counsel regarding the
environmental review of
the Specific Plan and
related documents.
$21,000 $20,000 $41,000
City Council Agenda Report
Agenda Item No. 4.d
December 5, 2023
Troutman Pepper
Hamilton Sanders
Troutman Pepper
Hamilton Sanders
(Shawn Zovod) provides
legal counsel regarding
site wide resource
permitting.
$21,000 $10,000 $31,000
Totals $158,000 $130,000 $288,000
Financial Impact
The requested amendment increases the Reuse Project’s potential spending in FY 23- 24 by $130,000. The increased spending will be paid for from the ENA deposit to the LRA by Brookfield.
Environmental Determination
Pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(3), and/or 15378, this activity is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, as it does not constitute a “project,” does not commit the City to a definite course of action, does not constitute discretionary approval of a specific project, and will not result in a direct or reasonably foreseeable indirect physical change in the environment, and in the alternative is exempt from CEQA as it 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.” This determination reflects the City’s independent judgment and analysis.
Public Contact
The City Council Agenda was posted.
Attachments
1. PSA Amendment for Burke Williams, & Sorenson
2. PSA Amendment for ERS
3. PSA Amendment for HR&A Advisors
4. PSA Amendment for Jarvis Fay
5. PSA Amendment for Troutman Pepper Hamilton Sanders
FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
This First Amendment to Professional Services Agreement (“First Amendment”) is entered into on this date, December 6, 2023, and amends the Professional Services Agreement between the City of Concord (“CITY”) and Burke, Williams & Sorenson, LLP (“CONSULTANT”).
WHEREAS, CITY and CONSULTANT entered into a Professional Services Agreement dated June 28, 2023 (the “Agreement”), wherein CONSULTANT agreed to provide specialized expertise in the following:
1. Scope of Work.
CONSULTANT shall assist and represent the CITY in all matters, including but not limited to, the following:
1. Review of Statements of Qualifications submitted by Master Developer candidates.
2. Draft and review of proposed Exclusive Negotiating Agreement
3. Draft and review proposed Term Sheet
4. Draft and review proposed administrative Reimbursement Agreement
5. Advice on any related matters as directed by LRA from time to time.
CONSULTANT shall obtain prior CITY approval for the retention of any subconsultants and/or expert witnesses.
WHEREAS, under Section 14 “AMENDMENT” the Agreement provides that Agreement may be amended by the parties provided that said amendment, modification, or change is in writing and approved by both parties.
WHEREAS, the parties mutually desire to amend the Agreement to increase the expenditure cap to cover the cost of additional services.
NOW THEREFORE, in consideration of the promises and conditions set forth in the Agreement, the parties mutually desire to amend the Agreement as follows:
1. The not to exceed expenditure cap in Section 3, CONSIDERATION is increased by $70,000 to a total not to exceed amount of One Hundred Thirty Thousand Dollars ($130,000) for the term of this agreement.
1 Attachment 1
2. Except as expressly amended herein, all other terms and conditions of the Professional Services Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this First Amendment on the date indicated above.
Dated: BURKE, WILLIAMS & SORENSEN, LLP
By:
Gerald J. Ramiza, Esq.
Dated: CITY OF CONCORD
By:__________________________
Valerie J. Barone
City Manager
APPROVED AS TO FORM: ATTEST:
___________________________ _____________________________ Susanne Brown Joelle Fockler, MMC City Attorney City Clerk
FINANCE DIRECTOR'S CERTIFICATION:
Concord, California
Date:
I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEAR 2023/2024 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.
THE SUM OF $130,000 Account Code: 4029500C999-4022713211-63800
___________________________
Finance Director’s Signature
2
FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
This First Amendment to Professional Services Agreement (“First Amendment”) is entered into on this date, December 6, 2023, and amends the Professional Services Agreement between the City of Concord (“CITY”) and Environmental Risk Services Corporation, 1515 Oakland Blvd, Suite 250, Walnut Creek CA 94596, (“CONSULTANT”).
WHEREAS, CITY and CONSULTANT entered into a Professional Services Agreement dated June 28, 2023 (the “Agreement”), wherein CONSULTANT agreed to provide specialized expertise in the following:
1. Scope of Work.
A. CONSULTANT shall assist and represent the CITY in all matters, including but not limited to, the following:
1. Review of remediation documents for their impact on the Reuse Project
2. Reports from the Project RPM meetings
3. Input on FOST and FOSL documents.
CONSULTANT shall obtain prior CITY approval for the retention of any subconsultants and/or expert witnesses.
WHEREAS, under Section 5 “AMENDMENT TO AGREEMENT” the Agreement provides that Agreement may be amended by the parties provided that said amendment, modification, or change is in writing and approved by both parties.
WHEREAS, the parties mutually desire to amend the Agreement to increase the expenditure cap to cover the cost of additional services.
NOW THEREFORE, in consideration of the promises and conditions set forth in the Agreement, the parties mutually desire to amend the Agreement as follows:
1. The not to exceed expenditure cap in Section 3, CONSIDERATION is increased by $10,000 to a total not to exceed amount of Thirty One Thousand Dollars ($31,000) for the term of this agreement. 1 Attachment 2
2. Except as expressly amended herein, all other terms and conditions of the Professional Services Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this First Amendment on the date indicated above.
Dated: ENVIRONMENTAL RISK SERVICES
CORPORATION
By:
Mark O’Brien
Chief Executive Officer
Dated: CITY OF CONCORD
By:__________________________
Valerie J. Barone
City Manager
APPROVED AS TO FORM: ATTEST:
___________________________ _____________________________ Susanne Brown Joelle Fockler, MMC City Attorney City Clerk
FINANCE DIRECTOR'S CERTIFICATION:
Concord, California
Date:
I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEAR 2023/2024 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.
THE SUM OF $31,000 Account Code: 4009500C999-4002011111-63800
___________________________
Finance Director’s Signature
2
FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
This First Amendment to Professional Services Agreement (“First Amendment”) is entered into on this date, December 6, 2023, and amends the Professional Services Agreement between the City of Concord (“CITY”) and HR&A Advisors, Inc., 700 S. Flower Street, Suite 2995, Los Angeles, CA 90017, (“CONSULTANT”).
WHEREAS, CITY and CONSULTANT entered into a Professional Services Agreement dated June 28, 2023 (the “Agreement”), wherein CONSULTANT agreed to provide specialized expertise in the following:
1. Scope of Work.
A. CONSULTANT shall assist and represent the CITY in all matters, including but not limited to, the following:
1. Review of Statement of Qualifications, Exclusive Negotiating Agreement, and proposed Term Sheet.
2. Advice on any related financial matters as directed by LRA from time to time.
CONSULTANT shall obtain prior CITY approval for the retention of any subconsultants and/or expert witnesses.
WHEREAS, under Section 5 “AMENDMENT TO AGREEMENT” the Agreement provides that Agreement may be amended by the parties provided that said amendment, modification, or change is in writing and approved by both parties.
WHEREAS, the parties mutually desire to amend the Agreement to increase the expenditure cap to cover the cost of additional services.
NOW THEREFORE, in consideration of the promises and conditions set forth in the Agreement, the parties mutually desire to amend the Agreement as follows:
1. The not to exceed expenditure cap in Section 3, CONSIDERATION is increased by $20,000 to a total not to exceed amount of Fifty Five Thousand Dollars ($55,000) for the term of this agreement. 1 Attachment 3
2. Except as expressly amended herein, all other terms and conditions of the Professional Services Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this First Amendment on the date indicated above.
Dated: HR&A ADVISORS INC.
By:
Paul J. Silvern
Vice President
Dated: CITY OF CONCORD
By:__________________________
Valerie J. Barone
City Manager
APPROVED AS TO FORM: ATTEST:
___________________________ _____________________________ Susanne Brown Joelle Fockler, MMC City Attorney City Clerk
FINANCE DIRECTOR'S CERTIFICATION:
Concord, California
Date:
I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEAR 2023/2024 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.
THE SUM OF $55,000 Account Code: 4009500C999-4002011111-63800
___________________________
Finance Director’s Signature
2
FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
This First Amendment to Professional Services Agreement (“First Amendment”) is entered into on this date, December 6, 2023, and amends the Professional Services Agreement between the City of Concord (“CITY”) and Jarvis Fay LLP (“CONSULTANT”).
WHEREAS, CITY and CONSULTANT entered into a Professional Services Agreement dated June 28, 2023 (the “Agreement”), wherein CONSULTANT agreed to provide specialized expertise in the following:
1. Scope of Work.
A. CONSULTANT shall assist and represent the CITY in all matters, including but not limited to, the following:
1. Provide CEQA and land use advice related to Concord Naval Weapon Station matters.
2. Advice on any related matters as directed by CITY from time to time.
B. CONSULTANT shall obtain prior CITY approval for the retention of any subconsultants and/or expert witnesses.
WHEREAS, under Section 14 “AMENDMENT” the Agreement provides that Agreement may be amended by the parties subject to consent and in accordance with the CITY’S Municipal Code.
WHEREAS, the parties mutually desire to amend the Agreement to increase the expenditure cap to cover the cost of additional services.
NOW THEREFORE, in consideration of the promises and conditions set forth in the Agreement, the parties mutually desire to amend the Agreement as follows:
1. The not to exceed expenditure cap in Section 3, PAYMENT, is increased by $20,000 to a total not to exceed amount of Forty One Thousand Dollars ($41,000) for the term of this agreement.
2. Except as expressly amended herein, all other terms and conditions of the Professional Services Agreement shall remain in full force and effect.
Attachment 4
IN WITNESS WHEREOF, the parties have executed this First Amendment on the date indicated above.
Dated: JARVIS FAY LLP
By:
Alexandra Barnhill
Senior Partner
Dated: CITY OF CONCORD
By:
Valerie J. Barone,
City Manager
APPROVED AS TO FORM: ATTEST:
_____________________________
Susanne Brown Joelle Fockler, MMC
City Attorney City Clerk
FINANCE DIRECTOR'S CERTIFICATION:
Concord, California
Date:
I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEAR 2023/2024 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.
THE SUM OF $41,000. Account Code 4029500C999-4022713211-63800
___________________________
Finance Director’s Signature
FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
This First Amendment to Professional Services Agreement (“First Amendment”) is entered into on this date, December 6, 2023, and amends the Professional Services Agreement between the City of Concord (“CITY”) and Troutman Pepper Hamilton Sanders LLP, (“CONSULTANT”).
WHEREAS, CITY and CONSULTANT entered into a Professional Services Agreement dated June 28, 2023 (the “Agreement”), wherein CONSULTANT agreed to provide specialized expertise in the following:
Scope of Work.
A. CONSULTANT shall assist and represent the CITY in all matters, including but not limited to, the following:
1. Strategy and support for overall resource permitting efforts
2. Review of resource permitting issue impacts on Master Developer negotiations.
3. Advice on any related matters as directed by LRA from time to time.
CONSULTANT shall obtain prior CITY approval for the retention of any subconsultants and/or expert witnesses.
WHEREAS, under Section 14 “AMENDMENT” the Agreement provides that Agreement may be amended by the parties provided that said amendment, modification, or change is in writing and approved by both parties.
WHEREAS, the parties mutually desire to amend the Agreement to increase the expenditure cap to cover the cost of additional services.
NOW THEREFORE, in consideration of the promises and conditions set forth in the Agreement, the parties mutually desire to amend the Agreement as follows:
1. The not to exceed expenditure cap in Section 3, CONSIDERATION is increased by $10,000 to a total not to exceed amount of Thirty One Thousand Dollars ($31,000) for the term of this agreement. 1 Attachment 5
2. Except as expressly amended herein, all other terms and conditions of the Professional Services Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this First Amendment on the date indicated above.
Dated: TROUTMAN PEPPER HAMILTON SANDERS LLP
By:
Shawn Zovod, Esq.
Dated: CITY OF CONCORD
By:__________________________
Valerie J. Barone
City Manager
APPROVED AS TO FORM: ATTEST:
___________________________ _____________________________ Susanne Brown Joelle Fockler, MMC City Attorney City Clerk
FINANCE DIRECTOR'S CERTIFICATION:
Concord, California
Date:
I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEAR 2023/2024 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.
THE SUM OF $31,000 Account Code: 4009500C999-4002011111-63800
___________________________
Finance Director’s Signature
2
Res. No. 23-XX 1
BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD
COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Designating ________________ as
Mayor of the City of Concord
Resolution No. 23-XX
/
WHEREAS, the City of Concord is a General Law City and the Mayor and Vice Mayor are selected by the members of the City Council; and
WHEREAS, the City Council reorganized itself one year ago by designating one member of the Council to occupy the position of Mayor for a one-year term commencing December 6, 2022, and ending with the reorganization of the City Council in December 2023.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CONCORD DOES RESOLVE AS FOLLOWS:
Section 1. Designates ________________ as Mayor of the City of Concord for the period commencing December 5, 2023, and ending with the Council reorganization in December 2024.
Section 2. This resolution shall become effective immediately upon its passage and adoption.
PASSED AND ADOPTED by the City Council of the City of Concord on December 5, 2023, by the following vote:
AYES: Councilmembers -
NOES: Councilmembers -
ABSTAIN: Councilmembers -
ABSENT: Councilmembers -
I HEREBY CERTIFY that the foregoing Resolution No. 23-XX was duly and regularly adopted at a regular meeting of the City Council of the City of Concord on December 5, 2023.
Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:
Susanne Meyer Brown
City Attorney
5.b5.b
From: D'Marco Anthony <[email protected]>
Sent: Tuesday, December 5, 2023 9:39 AM
To: City Clerk <[email protected]>
Cc: Concord City Council Email <[email protected]>; Nakamura, Laura <[email protected]>; Birsan, Edi <[email protected]>; Aliano, Dominic <[email protected]>; Obringer, Carlyn <[email protected]>; Hoffmeister, Laura <[email protected]> Subject: Public comment - item 5b
Dear Concord City Council,
I wanted to make a general comment about appointing a mayor prior to an election year. I have concerns with you choosing Vice Mayor Birsan or Councilmember Obringer as mayor, since their seats expire next year (and vice versa for the other candidates prior to the 2026 election). If you choose either of them as mayor, it could give them an undue advantage during the 2024 municipal election. Not only would they benefit from an incumbent advantage, they would also benefit from a mayoral incumbent advantage, making it harder for challengers to contest their seat.
I would also like to make specific comments about Vice Mayor Birsan, since he is likely to get rotated in as Mayor if the previous precedent is followed. While he has some traits that would seem to suggest he could be a good mayor: sitting down with constituents (including Concord residents that live outside of District 4), and responding to email inquiries from members of the public on a regular basis, he also has proven that he is not the right person for the job.
Many members of the community, including myself, feel that Mr. Birsan’s condescending temperament is too off putting. Furthermore, his persistent narcissism makes him the wrong person to be chosen as mayor. The needs of our community should always come first, and as public servants, you all should put the needs of the people of Concord before yourselves. Going on a power trip like Mr. Birsan has done in the past on multiple occasions is unmayoral like and selfish behavior, and it damages our community.
Finally, I know many people have already moved on with regard to the CNWS project, but I think voting for Concord First Partners/Seeno should disqualify Councilmember Aliano and Vice Mayor Birsan from serving as mayor. If you are that out of touch with the people that voted you into office, you should not be serving as a councilmember, let alone as mayor.
I hope you all will vote for someone that is selfless and someone with integrity, for mayor.
Thank you for your consideration,
D’Marco J. Anthony - Concord resident
Benched Correspondence
Agenda Item No. 5.b
December 5, 2023
Res. No. 23-XX 1
BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD
COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Designating ________________ as Vice
Mayor of the City of Concord
Resolution No. 23-XX
/
WHEREAS, the City of Concord is a General Law City and the Mayor and Vice Mayor are selected by the members of the City Council; and
WHEREAS, the City Council reorganized itself one year ago by designating one member of the Council to occupy the position of Vice Mayor for a one-year term commencing December 6, 2022, and ending with the reorganization of the City Council in December 2023.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CONCORD DOES RESOLVE AS FOLLOWS:
Section 1. Designates ________________ as Vice Mayor of the City of Concord for the period commencing December 5, 2023, and ending with the Council reorganization in December 2024.
Section 2. This resolution shall become effective immediately upon its passage and adoption.
PASSED AND ADOPTED by the City Council of the City of Concord on December 5, 2023, by the following vote:
AYES: Councilmembers -
NOES: Councilmembers -
ABSTAIN: Councilmembers -
ABSENT: Councilmembers -
I HEREBY CERTIFY that the foregoing Resolution No. 23-XX was duly and regularly adopted at a regular meeting of the City Council of the City of Concord on December 5, 2023.
Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:
Susanne Meyer Brown
City Attorney
5.c
From: D'Marco Anthony <[email protected]>
Sent: Tuesday, December 5, 2023 2:01 PM
To: City Clerk <[email protected]>
Subject: Re: Public comment - Item 6a
Good afternoon. Could you also put this email in the record as well? Just wanted to clarify that I meant to write “Councilmember” in the public comment below, but there was a typo.
Thank you,
D'Marco J. Anthony - Concord resident
On Tuesday, December 5, 2023 at 01:53:54 PM PST, City Clerk <[email protected]> wrote:
Thank you for your comments – they will be inserted into the record, posted to the website, and sent to the City Council prior to tonight’s meeting.
Kind regards,
Stefanie Ananthan│ Deputy City Clerk
(925) 671-3085 | [email protected] 1950 Parkside Drive, MS/03, Concord, CA 94519
www.cityofconcord.org | www.concordfirst.com
From: D'Marco Anthony <[email protected]>
Sent: Tuesday, December 5, 2023 10:04 AM
To: City Clerk <[email protected]>
Cc: Reuse Project <[email protected]>
Subject: Public comment - Item 6a
Dear Local Reuse Authority for the Concord Naval Weapons Station Reuse Plan, I would like to express opposition to any pro-Seeno individuals (i.e. Councilmeber Aliano* and Vice Mayor Birsan*) serving as either Chair or Vice Chair for the CNWS LRA. They are obviously too out of touch with the community on this issue, to serve in such a capacity.
Benched Correspondence
Agenda Item No. 6.a
December 5, 2023
6.a
Thank you for your consideration,
D’Marco J. Anthony - Concord resident
P.S. *Please note I am using the titles that apply as of the time of this writing. By the time this matter is before the LRA, these titles could be obsolete.