Concord City Council
May 14, 2024

the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to LOCAL AGENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the CONSULTANT.
c. The public shall not be given access to certified payroll records by the CONSULTANT. The CONSULTANT is required to forward any requests for certified payrolls to the LOCAL AGENCY Contract Administrator by both email and regular mail on the business day following receipt of the request.

3. Each CONSULTANT shall submit a certified copy of the records enumerated in paragraph (1) above, to the entity that requested the records within ten (10) calendar days after receipt of a written request.

4. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by LOCAL AGENCY shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address, and social security number. The name and address of the CONSULTANT or Subconsultant performing the work shall not be marked or obliterated.

5. The CONSULTANT shall inform LOCAL AGENCY of the location of the records enumerated under paragraph (1) above, including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and address.

6. The CONSULTANT or Subconsultant shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in paragraph (1) above. In the event the CONSULTANT or Subconsultant fails to comply within the ten (10) day period, he or she shall, as a penalty to LOCAL AGENCY, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated.

Such penalties shall be withheld by LOCAL AGENCY from payments then due. CONSULTANT is not subject to a penalty assessment pursuant to this section due to the failure of a Subconsultant to comply with this section.

E. When prevailing wage rates apply, the CONSULTANT is responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by the LOCAL AGENCY Contract Administrator.

F. Penalty

1. The CONSULTANT and any of its Subconsultants shall comply with Labor Code §1774 and §1775. Pursuant to Labor Code §1775, the CONSULTANT and any Subconsultant shall forfeit to the LOCAL AGENCY a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the AGREEMENT by the CONSULTANT or by its Subconsultant in violation of the requirements of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive.

2. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the CONSULTANT or Subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of the CONSULTANT or Subconsultant in meeting their respective prevailing wage obligations, or the willful failure by the CONSULTANT or Subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the CONSULTANT or Subconsultant had knowledge of the obligations under the Labor Code. The CONSULTANT is responsible for paying the appropriate rate, including any escalations that take place during the term of the AGREEMENT.

3. In addition to the penalty and pursuant to Labor Code §1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the CONSULTANT or Subconsultant.

4. If a worker employed by a Subconsultant on a public works project is not paid the general prevailing per diem wages by the Subconsultant, the prime CONSULTANT of the project is not liable for the penalties described above unless the prime CONSULTANT had knowledge of that failure of the Subconsultant to pay the specified prevailing rate of wages to those workers or unless the prime CONSULTANT fails to comply with all of the following requirements:
a. The AGREEMENT executed between the CONSULTANT and the Subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815. b. The CONSULTANT shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant to the employees by periodic review of the certified payroll records of the Subconsultant.
c. Upon becoming aware of the Subconsultant’s failure to pay the specified prevailing rate of wages to the Subconsultant’s workers, the CONSULTANT shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the Subconsultant for work performed on the public works project. d. Prior to making final payment to the Subconsultant for work performed on the public works project, the CONSULTANT shall obtain an affidavit signed under penalty of perjury from the Subconsultant that the Subconsultant had paid the specified general prevailing rate of per diem wages to the Subconsultant’s employees on the public works project and any amounts due pursuant to Labor Code §1813.

5. Pursuant to Labor Code §1775, LOCAL AGENCY shall notify the CONSULTANT on a public works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant has failed to pay workers the general prevailing rate of per diem wages.

6. If LOCAL AGENCY determines that employees of a Subconsultant were not paid the general prevailing rate of per diem wages and if LOCAL AGENCY did not retain sufficient money under the AGREEMENT to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the CONSULTANT shall withhold an amount of moneys due the Subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by LOCAL AGENCY.

G. Hours of Labor
Eight (8) hours labor constitutes a legal day's work. The CONSULTANT shall forfeit, as a penalty to the LOCAL AGENCY, twenty-five dollars ($25) for each worker employed in the execution of the AGREEMENT by the CONSULTANT or any of its Subconsultants for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of the Labor Code, and in particular §§1810 to 1815 thereof, inclusive, except that work performed by employees in excess of eight (8) hours per day, and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day and forty (40) hours in any week, at not less than one and one-half (1.5) times the basic rate of pay, as provided in §1815.

H. Employment of Apprentices

1. Where either the prime AGREEMENT or the subagreement exceeds thirty thousand dollars ($30,000), the CONSULTANT and any subconsultants under him or her shall comply with all applicable requirements of Labor Code §§ 1777.5, 1777.6 and 1777.7 in the employment of apprentices.

2. CONSULTANTs and subconsultants are required to comply with all Labor Code requirements regarding the employment of apprentices, including mandatory ratios of journey level to apprentice workers. Prior to commencement of work, CONSULTANT and subconsultants are advised to contact the DIR Division of Apprenticeship Standards website at https://www.dir.ca.gov/das/, for additional information regarding the employment of apprentices and for the specific journey-to- apprentice ratios for the AGREEMENT work. The CONSULTANT is responsible for all subconsultants’ compliance with these requirements.

Penalties are specified in Labor Code §1777.7.

ARTICLE XIII CONFLICT OF INTEREST
A. During the term of this AGREEMENT, the CONSULTANT shall disclose any financial, business, or other relationship with LOCAL AGENCY that may have an impact upon the outcome of this AGREEMENT or any ensuing LOCAL AGENCY construction project. The CONSULTANT shall also list current clients who may have a financial interest in the outcome of this AGREEMENT or any ensuing LOCAL AGENCY construction project which will follow.

B. CONSULTANT certifies that it has disclosed to LOCAL AGENCY any actual, apparent, or potential conflicts of interest that may exist relative to the services to be provided pursuant to this AGREEMENT. CONSULTANT agrees to advise LOCAL AGENCY of any actual, apparent or potential conflicts of interest that may develop subsequent to the date of execution of this AGREEMENT. CONSULTANT further agrees to complete any statements of economic interest if required by either LOCAL AGENCY ordinance or State law.

C. The CONSULTANT hereby certifies that it does not now have nor shall it acquire any financial or business interest that would conflict with the performance of services under this AGREEMENT.

D. The CONSULTANT hereby certifies that the CONSULTANT or subconsultant and any firm affiliated with the CONSULTANT or subconsultant that bids on any construction contract or on any Agreement to provide construction inspection for any construction project resulting from this AGREEMENT, has established necessary controls to ensure a conflict of interest does not exist.

An affiliated firm is one, which is subject to the control of the same persons, through joint ownership or otherwise.

ARTICLE XIV REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION The CONSULTANT warrants that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any LOCAL AGENCY employee.

For breach or violation of this warranty, LOCAL AGENCY shall have the right, in its discretion, to terminate this AGREEMENT without liability, to pay only for the value of the work actually performed, or to deduct from this AGREEMENT price or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.

ARTICLE XV PROHIBITION OF EXPENDING LOCAL AGENCY, STATE, OR FEDERAL FUNDS

FOR LOBBYING
A. The CONSULTANT certifies, to the best of his or her knowledge and belief, that:

1. No State, Federal, or LOCAL AGENCY appropriated funds have been paid or will be paid, by or on behalf of the CONSULTANT, to any person for influencing or attempting to influence an officer or employee of any local, State, or Federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding or

making of this AGREEMENT, or with the extension, continuation, renewal, amendment, or modification of this AGREEMENT.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this AGREEMENT, the CONSULTANT shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

B. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure.

C. The CONSULTANT also agrees by signing this document that he or she shall require that the language of this certification be included in all lower tier subagreements, which exceed one hundred thousand dollars ($100,000), and that all such subrecipients shall certify and disclose accordingly.

ARTICLE XVI NON-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE A. The CONSULTANT’s signature affixed herein and dated shall constitute a certification under penalty of perjury under the laws of the State of California that the CONSULTANT has, unless exempt, complied with the nondiscrimination program requirements of Gov. Code §12990 and 2 CCR § 8103.

B. During the performance of this AGREEMENT, CONSULTANT and its subconsultants shall not deny the AGREEMENT’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. CONSULTANT and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.

C. CONSULTANT and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 et seq.), the applicable regulations promulgated there under (2 CCR §11000 et seq.), the provisions of Gov. Code §§11135-11139.5, and the regulations or standards adopted by LOCAL AGENCY to implement such article. The applicable regulations of the Fair Employment and Housing Commission implementing Gov. Code §12990 (a-f), set forth 2 CCR §§8100-8504, are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full.

D. CONSULTANT shall permit access by representatives of the Department of Fair Employment and Housing and the LOCAL AGENCY upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or LOCAL AGENCY shall require to ascertain compliance with this clause.

E. CONSULTANT and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.

F. CONSULTANT shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this AGREEMENT.

G. The CONSULTANT, with regard to the work performed under this AGREEMENT, shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the United States shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.

H. The CONSULTANT shall comply with regulations relative to non-discrimination in federally- assisted programs of the U.S. Department of Transportation (49 CFR Part 21 - Effectuation of Title VI of the Civil Rights Act of 1964). Specifically, the CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR §21.5, including employment practices and the selection and retention of Subconsultants.

ARTICLE XVII DEBARMENT AND SUSPENSION CERTIFICATION
A. The CONSULTANT’s signature affixed herein shall constitute a certification under penalty of perjury under the laws of the State of California, that the CONSULTANT or any person associated therewith in the capacity of owner, partner, director, officer or manager:

1. Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;

2. Has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years;

3. Does not have a proposed debarment pending; and

4. Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years.

B. Any exceptions to this certification must be disclosed to LOCAL AGENCY. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining responsibility. Disclosures must indicate the party to whom the exceptions apply, the initiating agency, and the dates of agency action.

C. Exceptions to the Federal Government Excluded Parties List System maintained by the U.S.

General Services Administration are to be determined by FHWA.

ARTICLE XVIII DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION A. This AGREEMENT is subject to 49 CFR Part 26 entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”. CONSULTANTs who enter into a federally-funded agreement will assist the LOCAL AGENCY in a good faith effort to achieve California's statewide overall DBE goal.

B. The goal for DBE participation for this AGREEMENT is 12%. Participation by DBE CONSULTANT or subconsultants shall be in accordance with information contained in Exhibit 10-O2: Consultant Contract DBE Commitment attached hereto and incorporated as part of the AGREEMENT. If a DBE subconsultant is unable to perform, CONSULTANT must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met.

C. CONSULTANT can meet the DBE participation goal by either documenting commitments to DBEs to meet the AGREEMENT goal, or by documenting adequate good faith efforts to meet the AGREEMENT goal. An adequate good faith effort means that the CONSULTANT must show that it took all necessary and reasonable steps to achieve a DBE goal that, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to meet the DBE goal. If CONSULTANT has not met the DBE goal, complete and submit Exhibit 15-H: DBE Information – Good Faith Efforts to document efforts to meet the goal. Refer to 49 CFR Part 26 for guidance regarding evaluation of good faith efforts to meet the DBE goal.

D. DBEs and other small businesses, as defined in 49 CFR Part 26 are encouraged to participate in the performance of AGREEMENTs financed in whole or in part with federal funds. The LOCAL AGENCY, CONSULTANT or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The CONSULTANT shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the CONSULTLANT to carry out these requirements is a material breach of this AGREEMENT, which may result in the termination of this AGREEMENT or such other remedy as the LOCAL AGENCY deems appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying the contractor from future bidding as non-responsible E. A DBE firm may be terminated only with prior written approval from LOCAL AGENCY and only for the reasons specified in 49 CFR §26.53(f). Prior to requesting LOCAL AGENCY consent for the termination, CONSULTANT must meet the procedural requirements specified in 49 CFR §26.53(f).

If a DBE subconsultant is unable to perform, CONSULTANT must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met.

F. Consultant shall not be entitled to any payment for such work or material unless it is performed or supplied by the listed DBE or by other forces (including those of Consultant) pursuant to prior written authorization of the LOCAL AGENCY’s Contract Administrator.

G. A DBE is only eligible to be counted toward the AGREEMENT goal if it performs a commercially useful function (CUF) on the AGREEMENT. CUF must be evaluated on an agreement by agreement basis. A DBE performs a Commercially Useful Function (CUF) when it is responsible for execution of the work of the AGREEMENT and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a CUF, the DBE must also be responsible, with respect to materials and supplies used on the AGREEMENT, for negotiating price, determining quality and quantity, ordering the material and installing (where applicable), and paying for the material itself. To determine whether a DBE is performing a CUF, evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the AGREEMENT is commensurate with the work it is actually performing, and other relevant factors.

H. A DBE does not perform a CUF if its role is limited to that of an extra participant in a transaction, AGREEMENT, or project through which funds are passed in order to obtain the appearance of

DBE participation. In determining whether a DBE is such an extra participant, examine similar transactions, particularly those in which DBEs do not participate.

I. If a DBE does not perform or exercise responsibility for at least thirty percent (30%) of the total cost of its AGREEMENT with its own work force, or the DBE subcontracts a greater portion of the work of the AGREEMENT than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that it is not performing a CUF.

J. CONSULTANT shall maintain records of materials purchased or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier.

The records shall show the date of payment and the total dollar figure paid to all firms. DBE prime CONSULTANT’s shall also show the date of work performed by their own forces along with the corresponding dollar value of the work.

K. Upon completion of the AGREEMENT, a summary of these records shall be prepared and submitted on the form entitled, Exhibit 17-F: Final Report-Utilization of Disadvantaged Business Enterprise (DBE) First-Tier Subconsultants, certified correct by CONSULTANT or CONSULTANT’s authorized representative and shall be furnished to the Contract Administrator with the final invoice. Failure to provide the summary of DBE payments with the final invoice will result in twenty-five percent (25%) of the dollar value of the invoice being withheld from payment until the form is submitted. The amount will be returned to CONSULTANT when a satisfactory “Final Report-Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subconsultants” is submitted to the Contract Administrator.

L. If a DBE subconsultant is decertified during the life of the AGREEMENT, the decertified subconsultant shall notify CONSULTANT in writing with the date of decertification. If a subconsultant becomes a certified DBE during the life of the AGREEMENT, the subconsultant shall notify CONSULTANT in writing with the date of certification. Any changes should be reported to LOCAL AGENCY’s Contract Administrator within thirty (30) calendar days.

M. Any subcontract entered into as a result of this AGREEMENT shall contain all of the provisions of this section.

ARTICLE XIX INSURANCE
A. Prior to commencement of the work described herein, CONSULTANT shall furnish LOCAL AGENCY a Certificate of Insurance documenting the following insurance coverage:

1. Commercial General Liability Policy: CONSULTANT shall maintain during the term of this Agreement a commercial general liability insurance policy providing coverage of at least one million ($1,000,000) combined single limit per occurrence or two million ($2,000,000) aggregate limit for bodily injury, personal injury and property damage. The coverage shall contain no special limitations on the scope or protection afforded to LOCAL AGENCY, its officers, officials, agents, employees, or volunteers. CONSULTANT’s insurance coverage shall be primary insurance with respect to LOCAL AGENCY, its officers, officials, agents, employees, and volunteers. Any insurance, risk pooling arrangement, or self-insurance maintained by LOCAL AGENCY, its officers, officials, agents, employees, or volunteers shall be in excess of CONSULTANT’s insurance and shall not contribute with it.

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

3. Professional Liability Coverage (Errors and Omissions). CONSULTANT shall maintain professional liability insurance with coverage for all negligent errors, acts or omissions committed by CONSULTANT, its agents and employees in the performance of this Agreement.

The amount of this insurance shall be not less than one million dollars ($1,000,000) on a claims made annual aggregate basis or a combined single limit per occurrence basis.

4. Workers Compensation: CONSULTANT covenants that it will insure itself against liability for Workers' Compensation pursuant to the provisions of California Labor Code §3700, et seq.

CONSULTANT shall, at all times, upon demand of the LOCAL AGENCY, furnish proof that Workers' Compensation Insurance is being maintained by it in force and effect in accordance with the California Labor Code. The insurer shall also agree to waive all rights of subrogation against the LOCAL AGENCY, its officers, officials, agents, employees and volunteers for losses arising from work performed under this Agreement. This provision shall not apply upon written verification by CONSULTANT that CONSULTANT has no employees.

If CONSULTANT maintains broader coverage and/or higher limits than the minimums shown above, the LOCAL AGENCY requires and shall be entitled to the broader coverage and/or higher limits maintained by CONSULTANT. A lapse in any required insurance coverage during this Agreement shall be a breach of this Agreement.

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

1. Additional Insured. LOCAL AGENCY, 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 scope or protection afforded to LOCAL AGENCY, its officers, officials, agents, employees, or volunteers.

Except for worker's compensation and professional liability insurance, the policies mentioned in this subsection shall name LOCAL AGENCY as an additional insured and provide for notice of cancellation to LOCAL AGENCY. CONSULTANT shall also provide timely and prompt notice to LOCAL AGENCY 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 LOCAL AGENCY, its officers, officials, agents, employees, and volunteers. Any insurance, risk pooling arrangement, or self-insurance maintained by LOCAL AGENCY, its officers, officials, agents, employees, or volunteers shall be in excess of CONSULTANT'S insurance and shall not contribute with it.

3. Reporting Provisions. Any failure to comply with the reporting provisions of the policy shall not affect the coverage provided to the LOCAL AGENCY, its officers, officials, agents, employees, or volunteers.

4. Verification of Coverage. CONSULTANT shall furnish LOCAL AGENCY with certificates of insurance and the original endorsements effecting coverage required by this Agreement. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The aforementioned policies shall be issued by an insurance carrier having a rating of Best A-7 or better which is satisfactory to the City Attorney and shall be delivered to LOCAL AGENCY at the time of the execution of this Agreement or before work commences. Such policies and certificates shall be in a form

approved by the City Attorney. LOCAL AGENCY reserves the right to require complete certified copies of all required insurance policies at any time.

Inclusion in Subcontracts. To the extent any of the services required of CONSULTANT under this Agreement are subcontracted to a third party, CONSULTANT shall include all of the provisions of this Section in all such subcontracts as obligations of the subcontractor.

ARTICLE XX FUNDING REQUIREMENTS
A. It is mutually understood between the parties that this AGREEMENT may have been written before ascertaining the availability of funds or appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the AGREEMENT were executed after that determination was made.

B. This AGREEMENT is valid and enforceable only if sufficient funds are made available to LOCAL AGENCY for the purpose of this AGREEMENT. In addition, this AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress, State Legislature, or LOCAL AGENCY governing board that may affect the provisions, terms, or funding of this AGREEMENT in any manner.

C. It is mutually agreed that if sufficient funds are not appropriated, this AGREEMENT may be amended to reflect any reduction in funds.

D. LOCAL AGENCY has the option to terminate the AGREEMENT pursuant to Article VI Termination, or by mutual agreement to amend the AGREEMENT to reflect any reduction of funds.

ARTICLE XXI CHANGE IN TERMS
A. This AGREEMENT may be amended or modified only by mutual written agreement of the parties.

B. CONSULTANT shall only commence work covered by an amendment after the amendment is executed and notification to proceed has been provided by LOCAL AGENCY’s Contract Administrator.

C. There shall be no change in CONSULTANT’s Project Manager or members of the project team, as listed in the approved Cost Proposal, which is a part of this AGREEMENT without prior written approval by LOCAL AGENCY’s Contract Administrator.

ARTICLE XXII CONTINGENT FEE
CONSULTANT warrants, by execution of this AGREEMENT that no person or selling agency has been employed, or retained, to solicit or secure this AGREEMENT upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by CONSULTANT for the purpose of securing business. For breach or violation of this warranty, LOCAL AGENCY has the right to annul this AGREEMENT without liability; pay only for the value of the work actually performed, or in its discretion to deduct from the AGREEMENT price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.

ARTICLE XXIII DISPUTES
Prior to either party commencing any legal action under this AGREEMENT, the parties agree to try in good faith, to settle any dispute amicably between them. If a dispute has not been settled after forty-five (45) days of good-faith negotiations and as may be otherwise provided herein, then either party may commence legal action against the other.

A. Any dispute, other than audit, concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by a committee consisting of LOCAL AGENCY’s Contract Administrator and Capital Improvement Program Manager, who may consider written or verbal information submitted by CONSULTANT.

B. Not later than thirty (30) calendar days after completion of all deliverables necessary to complete the plans, specifications and estimate, CONSULTANT may request review by LOCAL AGENCY Governing Board of unresolved claims or disputes, other than audit. The request for review will be submitted in writing.

C. Neither the pendency of a dispute, nor its consideration by the committee will excuse CONSULTANT from full and timely performance in accordance with the terms of this AGREEMENT.

ARTICLE XXIV INSPECTION OF WORK
CONSULTANT and any subconsultant shall permit LOCAL AGENCY, the State, and the FHWA if federal participating funds are used in this AGREEMENT; to review and inspect the project activities and files at all reasonable times during the performance period of this AGREEMENT.

ARTICLE XXV SAFETY
A. CONSULTANT shall comply with OSHA regulations applicable to CONSULTANT regarding necessary safety equipment or procedures. CONSULTANT shall comply with safety instructions issued by LOCAL AGENCY Safety Officer and other LOCAL AGENCY representatives.

CONSULTANT personnel shall wear hard hats and safety vests at all times while working on the construction project site.

B. Pursuant to the authority contained in Vehicle Code §591, LOCAL AGENCY has determined that such areas are within the limits of the project and are open to public traffic. CONSULTANT shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. CONSULTANT shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles.

ARTICLE XXVI OWNERSHIP OF DATA
A. It is mutually agreed that all materials prepared by CONSULTANT under this AGREEMENT shall become the property of City, and CONSULTANT shall have no property right therein whatsoever.

Immediately upon termination, City shall be entitled to, and CONSULTANT shall deliver to City, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not, and other such materials as may have been prepared or accumulated to date by CONSULTANT in performing this AGREEMENT which is not CONSULTANT’s privileged information, as defined by law, or CONSULTANT’s personnel information, along with all other property belonging exclusively to City which is in CONSULTANT’s possession. Publication of the information derived from work performed or data obtained in connection with services rendered under this AGREEMENT must be approved in writing by City.

B. Additionally, it is agreed that the Parties intend this to be an AGREEMENT for services and each considers the products and results of the services to be rendered by CONSULTANT hereunder to be work made for hire. CONSULTANT acknowledges and agrees that the work (and all rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of City without restriction or limitation upon its use or dissemination by City.

C. Nothing herein shall constitute or be construed to be any representation by CONSULTANT that the work product is suitable in any way for any other project except the one detailed in this Contract.

Any reuse by City for another project or project location shall be at City’s sole risk.

D. Applicable patent rights provisions regarding rights to inventions shall be included in the contracts as appropriate (48 CFR 27 Subpart 27.3 - Patent Rights under Government Contracts for federal- aid contracts).

E. LOCAL AGENCY may permit copyrighting reports or other agreement products. If copyrights are permitted; the AGREEMENT shall provide that the FHWA shall have the royalty-free nonexclusive and irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use, the work for government purposes.

ARTICLE XXVII CLAIMS FILED BY LOCAL AGENCY’s CONSTRUCTION CONTRACTOR A. If claims are filed by LOCAL AGENCY’s construction contractor relating to work performed by CONSULTANT’s personnel, and additional information or assistance from CONSULTANT’s personnel is required in order to evaluate or defend against such claims; CONSULTANT agrees to make its personnel available for consultation with LOCAL AGENCY’S construction contract administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings.

B. CONSULTANT’s personnel that LOCAL AGENCY considers essential to assist in defending against construction contractor claims will be made available on reasonable notice from LOCAL AGENCY. Consultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for CONSULTANT’s personnel services under this AGREEMENT.

C. Services of CONSULTANT’s personnel in connection with LOCAL AGENCY’s construction contractor claims will be performed pursuant to a written contract amendment, if necessary, extending the termination date of this AGREEMENT in order to resolve the construction claims.

ARTICLE XXVIII CONFIDENTIALITY OF DATA
A. All financial, statistical, personal, technical, or other data and information relative to LOCAL AGENCY’s operations, which are designated confidential by LOCAL AGENCY and made available to CONSULTANT in order to carry out this AGREEMENT, shall be protected by CONSULTANT from unauthorized use and disclosure.

B. Permission to disclose information on one occasion, or public hearing held by LOCAL AGENCY relating to the AGREEMENT, shall not authorize CONSULTANT to further disclose such information, or disseminate the same on any other occasion.

C. CONSULTANT shall not comment publicly to the press or any other media regarding the AGREEMENT or LOCAL AGENCY’s actions on the same, except to LOCAL AGENCY’s staff, CONSULTANT’s own personnel involved in the performance of this AGREEMENT, at public hearings, or in response to questions from a Legislative committee.

D. CONSULTANT shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this AGREEMENT without prior review of the contents thereof by LOCAL AGENCY, and receipt of LOCAL AGENCY’S written permission.

E. All information related to the construction estimate is confidential, and shall not be disclosed by CONSULTANT to any entity, other than LOCAL AGENCY, Caltrans, and/or FHWA. All of the materials prepared or assembled by CONSULTANT pursuant to performance of this Contract are confidential and CONSULTANT agrees that they shall not be made available to any individual or organization without the prior written approval of City or except by court order. If CONSULTANT or any of its officers, employees, or subcontractors does voluntarily provide information in violation of this Contract, City has the right to reimbursement and indemnity from CONSULTANT for any damages caused by CONSULTANT releasing the information, including, but not limited to, City’s attorney’s fees and disbursements, including without limitation experts’ fees and disbursements.

ARTICLE XXIX NATIONAL LABOR RELATIONS BOARD CERTIFICATION In accordance with Public Contract Code §10296, CONSULTANT hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against CONSULTANT within the immediately preceding two-year period, because of CONSULTANT’s failure to comply with an order of a federal court that orders CONSULTANT to comply with an order of the National Labor Relations Board.

ARTICLE XXX EVALUATION OF CONSULTANT
CONSULTANT’s performance will be evaluated by LOCAL AGENCY. A copy of the evaluation will be sent to CONSULTANT for comments. The evaluation together with the comments shall be retained as part of the AGREEMENT record.

ARTICLE XXXI RETENTION OF FUNDS
A. No retainage will be withheld by LOCAL AGENCY from progress payments due the CONSULTANT. Retainage by the CONSULTANT or subconsultants is prohibited, and no retainage will be held by the CONSULTANT from progress due subconsultants. Any violation of this provision shall subject the violating CONSULTANT or subconsultants to the penalties, sanctions, and other remedies specified in Business and Professions Code §7108.5. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by the CONSULTANT or deficient subconsultant performance, or noncompliance by a subconsultant. This provision applies to both DBE and non-DBE CONSULTANT and subconsultants.

ARTICLE XXXII TITLE VI ASSURANCES
APPENDICES A-E of the TITLE VI ASSURANCES
The U.S. Department of Transportation Order No.1050.2A requires all federal-aid Department of Transportation contracts between an agency and a consultant to contain Appendices A and E of the Title VI Assurances. Include Appendices B, C, and D if applicable as shown below. In addition, the consultant must include the Title VI Assurances Appendices A and E, and if applicable Appendices B, C, and D in all subcontracts to perform work under the contract.

The clauses of Appendix B of this Assurance shall be included as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a LOCAL AGENCY.

The clauses set forth in Appendix C and Appendix D of this Assurance shall be included as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the LOCAL AGENCY with other parties:
a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.

APPENDIX A
During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as CONSULTANT) agrees as follows:
a. Compliance with Regulations: CONSULTANT shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement. b. Nondiscrimination: CONSULTANT, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment.

CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations.
c. Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by CONSULTANT for work to be performed under a Sub-agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by CONSULTANT of the CONSULTANT’S obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin.
d. Information and Reports: CONSULTANT shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, CONSULTANT shall so certify to the recipient or FHWA as appropriate, and shall set forth what efforts CONSULTANT has made to obtain the information. e. Sanctions for Noncompliance: In the event of CONSULTANT’s noncompliance with the nondiscrimination provisions of this agreement, the recipient shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
i. withholding of payments to CONSULTANT under the Agreement within a reasonable period of time, not to exceed 90 days; and/or
ii. cancellation, termination or suspension of the Agreement, in whole or in part. f. Incorporation of Provisions: CONSULTANT shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.

CONSULTANT shall take such action with respect to any sub-agreement or procurement as the recipient or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event CONSULTANT becomes involved in, or is threatened with, litigation with a sub-applicant or supplier as a result of such direction, CONSULTANT may request the recipient enter into such litigation to protect the interests of the State, and, in addition, CONSULTANT may request the United States to enter into such litigation to protect the interests of the United States.

APPENDIX B CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY The following clauses will be included in deeds effecting or recording the transfer of real property, structures, or improvements thereon, or granting interest therein from the United States pursuant to the provisions of Assurance 4:

NOW THEREFORE, the U.S. Department of Transportation as authorized by law and upon the condition that the recipient will accept title to the lands and maintain the project constructed thereon in accordance with Title 23 U.S.C., the regulations for the administration of the preceding statute, and the policies and procedures prescribed by the FHWA of the U.S. Department of Transportation in accordance and in compliance with all requirements imposed by Title 49, Code of Federal Regulations,
U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the recipient all the right, title and interest of the U.S.

Department of Transportation in and to said lands described in Exhibit A attached hereto and made a part hereof.
(HABENDUM CLAUSE) TO HAVE AND TO HOLD said lands and interests therein unto the recipient and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and will be binding on the recipient, its successors and assigns. The recipient, in consideration of the conveyance of said lands and interest in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person will on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed [,] [and]* (2) that the recipient will use the lands and interests in lands and interest in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the
U.S. Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and Acts may be amended[, and (3) that in the event of breach of any of the above- mentioned non-discrimination conditions, the Department will have a right to enter or re-enter said lands and facilities on said lands, and that above described land and facilities will thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this instruction].* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to make clear the purpose of Title VI.)

APPENDIX C CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED

UNDER THE ACTIVITY, FACILITY, OR PROGRAM
The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered into by the recipient pursuant to the provisions of Assurance 7(a):

A. The (grantee, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in the case of deeds and leases add “as a covenant running with the land”] that:

1. In the event facilities are constructed, maintained, or otherwise operated on the property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S.

Department of Transportation activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) will maintain and operate such facilities and services in compliance with all requirements imposed by the Acts and Regulations(as may be amended) such that no person on the grounds of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities.

B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Non- discrimination covenants, the recipient will have the right to terminate the (lease, license, permit, etc.) and to enter, re-enter, and repossess said lands and facilities thereon, and hold the same as if the (lease, license, permit, etc.) had never been made or issued.* C. With respect to a deed, in the event of breach of any of the above Non-discrimination covenants, the recipient will have the right to enter or re-enter the lands and facilities thereon, and the above described lands and facilities will there upon revert to and vest in and become the absolute property of the recipient and its assigns.* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.)

APPENDIX D CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED

UNDER THEACTIVITY, FACILITY OR PROGRAM
The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements entered into by the recipient pursuant to the provisions of Assurance 7(b):

A. The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest ,and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add, “as a covenant running with the land”) that (1) no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land, and the furnishings of services thereon, no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits or, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permittee, etc.) will use the premises in compliance with all other requirements imposed by or pursuant to the Acts and Regulations, as amended, set forth in this Assurance.

B. With respect to (licenses, leases, permits, etc.) in the event of breach of any of the above of the above Non-discrimination covenants, the recipient will have the right to terminate the (license, permits, etc., as appropriate) and to enter or re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, permit, etc., as appropriate) had never been made or issued.*
C. With respect to deeds, in the event of breach of any of the above Non-discrimination covenants, the recipient will there upon revert to and vest in and become the absolute property of the recipient and its assigns.

APPENDIX E
During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest (hereinafter referred to as the “CONSULTANT”) agrees to comply with the following non- discrimination statutes and authorities, including, but not limited to:

Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 • U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex;
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).

Dated: ______________ CONSULTANT
BY: ________________________
Jeffrey S. Gee, Vice President
Park Engineering
[email protected]

Dated: ________________ CITY OF CONCORD
By:______________________________
Valerie J. Barone
City Manager
APPROVED AS TO FORM: ATTEST:
____________________________ ____________________________________ Susanne Brown Joelle Fockler, MMC
City Attorney City Clerk
FINANCE DIRECTOR'S CERTIFICATION:

Concord, California
Date: ________________

I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEAR 2023/24 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.

THE SUM OF $886,730.00
Account Code: 4029500C999-74500 / 4022449217-74500
Finance Director's Signature

I

SAMPLE COST PROPOSAL
Sample Only - Required Cost Proposal Template To Be Determined By Agency SAMPLE COST PROPOSAL 1

COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES)
Note: Mark-ups are Not Allowed ☐ Prime Consultant ☐ Subconsultant ☐ 2nd Tier Subconsultant Consultant __________________________________________________________ Project No. _______________________ Contract No. ____________________ Date ____________________

DIRECT LABOR
Classification/Title Name Hours Actual Hourly Rate Total ____________________________
____________________________
____________________________
____________________________
________
________
________
________

LABOR COSTS
a) Subtotal Direct Labor Costs _______________
b) Anticipated Salary Increases (see page 2 for calculation) _______________ c) TOTAL DIRECT LABOR COSTS [(a) + (b)] _______________

INDIRECT COSTS
d) Fringe Benefits (Rate: _____ ) e) Total Fringe Benefits [(c) x (d)] _______________ f) Overhead (Rate: _____ ) g) Overhead [(c) x (f)] _______________ h) General and Administrative (Rate: ___ __ ) i) Gen & Admin [(c) x (h)] _______________ j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] _______________ FIXED FEE k) TOTAL FIXED FEE [(c) + (j)] x fixed fee ______ ] ______________ Description of Item Quantity Unit Unit Cost Total
l) TOTAL OTHER DIRECT COSTS
m) SUBCONSULTANTS’ COSTS (Add add iti
l) CONSULTANT’S OTHER DI RECT COSTS (ODC) – ITEMIZE (Add additional pages if necessary) onal pages i f necessary)
Subconsultant 1:

Subconsultant 2:

Subconsultant 3:

Subconsultant 4:
m) TOTAL SUBCONSULTANTS’ COSTS
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l)+(m)] ___________________ TOTAL COST [(c) + (j) + (k) + (n)] _____________________ NOTES:

1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.

2. The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant’s annual accounting period and established by a cognizant agency or accepted by Caltrans.

3. Anticipated salary increases calculation (page 2) must accompany.

Exhibit A to Attachment 4

SAMPLE COST PROPOSAL
Sample Only - Required Cost Proposal Template To Be Determined By Agency SAMPLE COST PROPOSAL 1

COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (CALCULATIONS FOR ANTICIPATED SALARY INCREASES)

1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Direct Labor Total Hours per Avg 5Year
Subtotal per Cost Cost Proposal Hourly Contract
Proposal Rate Duration
=$250,000.00 500 $50.00 Year 1 Avg
Hourly Rate

2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation%) Avg Hourly Rate Proposed Escalation
Year 1 $50.00 + 2% = $51.00 Year 2 Avg Hourly Rate
Year 2 $51.00 + 2% = $52.02 Year 3 Avg Hourly Rate
Year 3 $52.02 + 2% = $53.06 Year 4 Avg Hourly Rate
Year 4 $53.06 + 2% = $54.12 Year 5 Avg Hourly Rate

3. Calculate estimated hours per year (Multiply estimate% each year by total hours) Estimated % Completed Total Hours per Cost Total Hours per Each Year Proposal Year
Year 1 20.0% 5000 = 1000 Estimated Hours Year 1
Year 2 400% 5000 = 2000 Estimated Hours Year 2
Year 3 15.0% 5000 = 750 Estimated Hours Year 3
Year 4 15.0% 5000 = 750 Estimated Hours Year 4
Years 100% 5000 = 500 Estimated Hours Year 5
Total 100% Total = 5000

4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) Avg Hourly Rate Estimated hours Cost per
(calculated above) (calculated above) Year
Year 1 $50.00 1000 $50,000.00 Estimated Hours Year 1 =
Year 2 $51.00 2000 $102,000.00 Estimated Hours Year 2 = Year 3 $52.02 750 $39,015.00 Estimated Hours Year 3 =
Year 4 $53.06 750 $39,795.30 Estimated Hours Year 4 =
Years $54.12 500 = $27,060.80 Estimated Hours Year 5
Total Direct Labor Cost with Escalation $257,871.10=
Direct Labor Subtotal before Escalation = $250,000.00
Estimated total of Direct Labor Salary Transfer to Page 1 = Increase $7,871.10
NOTES:

1. This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the# of years of the contract, and a breakdown of the labor to be performed each year.

2. An estimation that is based on direct labor multiplied by salary increase % multiplied by the# of years is not acceptable.
(i e. $250,000 x 2% x 5 yrs= $25,000 is not an acceptable methodology)

3. This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.

4. Calculations for anticipated salary escalation must be provided.

__ _

SAMPLE COST PROPOSAL
Sample Only - Required Cost Proposal Template To Be Determined By Agency SAMPLE COST PROPOSAL 1
Certification of Direct Costs:

I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal{s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:

1. Generally Accepted Accounting Principles {GAAP)

2. Terms and conditions of the contract

3. Title 23 United States Code Section 112 - Letting of Contracts

4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures

5. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service

6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board {when applicable)
All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements.

Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.

Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Rate{s).

Prime Consultant or Subconsultant Certifying:

Name:_______________ Title*:

Signature:____ _____ __ Date of Certification {mm/dd/yyyy): _____ _______ Phone Number:Email: ______ _ _
Address:_________________________________
*An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.

List services the consultant is providinq under the proposed contract:

SIXTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
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28 This Sixth Amendment to Professional Services Agreement (“Fifth Amendment”) is entered into on this date, May 14, 2024, and amends the Professional Services Agreement, Agreement No. 5699, between the City of Concord (“CITY”) and Harris & Associates, 1401 Willow Pass Rd, Suite 500, Concord, CA 94520. (“CONSULTANT”).

WHEREAS, the CITY and CONSULTANT entered into a Professional Services Agreement, Agreement No. 5699, dated October 23, 2018 (the “Agreement”), wherein CONSULTANT agreed to provide design and related services for Willow Pass Road Repaving, Project No. 2449.

WHEREAS, under Section 1 “TERM” the Agreement provides that the Agreement shall expire on June 30, 2019.

WHEREAS, under Section 5 “AMENDMENT TO AGREEMENT” 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 CITY and CONSULTANT executed the FIRST amendment on July 1, 2019, Contract No. 5699-A, to extend the agreement term to June 30, 2020.

WHEREAS, the CITY and CONSULTANT executed the SECOND amendment on May 13, 2020, Contract No. 5699-B, to extend the agreement term to June 30, 2021.

WHEREAS, the CITY and CONSULTANT executed the THIRD amendment on February 23, 2021, Contract No. 5699-C, to increase compensation to consultant and extend the agreement term to June 30, 2022.

WHEREAS, the CITY and CONSULTANT executed the FOURTH amendment on May 2, 2022, Contract No. 5699-D, to extend the agreement term to June 30, 2023.

WHEREAS, the CITY and CONSULTANT executed the FIFTH amendment on May 31, 2023, Contract No. 5699-E, to extend the agreement term to June 30, 2024.

WHEREAS, the parties mutually desire to amend the Agreement to extend the term.

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. Section 1 “TERM” is hereby amended to read as follows: This Agreement shall commence on October 23, 2018, and expire on June 30, 2025.

Attachment 5

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28 2. The first two sentences of Section 3 “PAYMENT” are hereby amended to read as follows:

The compensation to be paid to CONSULTANT including payment for professional services and reimbursable expenses, shall be at the rate and schedules in detail in Exhibit A (of original Agreement) and Exhibit A (of Sixth Amendment). However, in no event shall the amount CITY pays CONSULTANT exceed nine-hundred forty-one thousand, nine-hundred twenty- seven dollars and zero cents ($941,927.00) for the term of this Agreement.

3. 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 Fifth Amendment on the date indicated above.

Dated: ______________ Harris & Associates
BY: ________________________
Marie Santos, PE
Director Transportation
[email protected]
Dated: ________________ CITY OF CONCORD
By:______________________________
Valerie J. Barone
City Manager
APPROVED AS TO FORM: ATTEST:
____________________________ ____________________________________ Susanne Brown Joelle Fockler, MMC
City Attorney City Clerk

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28 FINANCE DIRECTOR'S CERTIFICATION:

Concord, California
Date: ________________

I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEAR 2023/24 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.

THE SUM OF $98,020.00.

Account Code: 4799500C999-74500 / 4792449213-74500
Finance Director's Signature

1401 Willow Pass Road, Suite 500, Concord, Ca. 94520
April 15, 2024
Aldrich Bautista, P.E.

Associate Civil Engineer
City of Concord
Dept. of Comm. and Econ. Dev., Engineering Services
1950 Parkside Drive, MS/40
Concord, CA 94519
Re: Willow Pass Road Repaving Safe Route to Transit (SR2T), City Project No. 2449 Amendment No. 2 – Design Services During Construction
Dear Aldrich,
As you requested, we have prepared this amendment to provide design services during construction for the subject project.

Background
As we have reported in our monthly budget summary for the past few months, which accompanied our invoices, the Harris team performed a significant amount of extra work since the last amendment was approved on February 23, 2021, some of which are listed below. To complete the design, Harris had to utilize the unused subconsultant budget and draw from his own budget for post-design services. As a result, the original budget has been depleted, and additional funding is required to provide design services during construction.

The following is a summary of the additional work completed since the last Amendment was approved:
• Extensive design iterations and coordination with City for reconfiguration of 6th St/Willow Pass Rd intersection
• Prepared PowerPoint presentation and presented at a public meeting. Harris’ scope was to only assist the City with exhibits for the presentation prepared by the City. • Preparation of exhibits for intersection with RRFB devices for City’s internal use • Additional study for redesign of GI facility at Parkside and Civic Center • Additional GI facility at First Christian Church of Concord on Willow Pass Road • Prepared Stormwater Control Plan (in lieu of compliance for the Marsh Drive Bridge Replacement)
• Increase in hourly rates for 2022, 2023 and 2024
• Extensive coordination with Caltrans for federal funding assistance, including NEPA Revalidation Form
Exhibit A to Attachment 5

Willow Pass Road Repaving, Project No. 2449
Amendment No. 2

• Engaged an outside Traffic Engineer consultant for peer review of plans for the relocation of signal at E. Olivera and installation of HAWK system
• Changes to the design concept for GI facilities to make bio-retention areas flatter, as requested by the City
• Project completion delay due to circumstances beyond Harris' control • Additional design changes after completion of 100% plans • Changed Hawk system from solar to power after completion of 100% plans. • Additional work as a result of coordination with the sewer line installation and Civic Center Greening Project

Scope of Work
The original scope of work for "Task 6. Design Support During Construction" has been revised to reflect the additional work and longer timeline required to complete the project. The revised scope of work is provided below.

Task 6: Design Support during Construction
Our team will answer contractors’ questions and provide clarifications to the bid documents during the construction process. Specifically, our team will assist the City as follows:

We will attend pre-construction meeting
We will prepare Conform Plans & Specifications to include all changes made by addendum during the bid process and all awarded alternates.

We will answer contractor’s Request for Information (RFI) We will provide clarifications and respond to contractor’s questions during the construction phase, as needed.

Our team will assist the City with review of the contractor submittals during the construction phase of the projects. A log of the submittals received and responses provided will be maintained and made available for City staff.

We will provide periodic reviews of the progress of the work to verify that it is in conformance with the design intent shown in the Plans and Specifications We will assist the City inspector with specific design issues during construction.

During construction, our staff will visit the construction site, either at the City’s request to resolve any unforeseen circumstances or during specific major construction activities.

We will review change order proposals from the Contractor and if necessary, prepare change orders.

Harris staff will prepare record drawings, incorporating changes made during construction as marked by the resident engineer and contractor. All project files, including record drawing plans, CAD files, and other technical information will be submitted to the City upon completion of the work.

Task 6 Deliverables
Conform Plans & Specifications
RFI Responses (1 PDF)
Submittal review (1 PDF)
Change Order (1 original and 1 PDF)

Willow Pass Road Repaving, Project No. 2449
Amendment No. 2

Record Drawings (1 original and 1 PDF)
CAD files and other technical information

Fee:

The original fee for design support during construction has been adjusted to reflect the additional work and longer timeline required to complete the project. The additional time is required because the sewer project on Willow Pass Road must be completed in 2024 before paving Willow Pass Road, and only certain non-paving tasks can be completed in 2024. As a result, we have separated our fees into two phases.

The remaining balance from the original contract is $5,745.54 as of April 15, 2024. If the City so desires, it may deduct this amount from the funds requested to complete the project. We assume that Harris will not be requested to provide any additional effort until construction begins.

Our estimated level of effort to perform the services as described herein is $98,020, through the completion of the paving construction in 2025. Attached please see our team’s level of effort as outlined herein. Please direct your attention to the assumptions upon which the level of effort was based.

Schedule:

Our schedule will follow the construction schedule with the assumption that the work will be completed in 2025.

If a portion of this proposal does not meet your needs, or if those needs have changed, we will consider appropriate modifications based on your specific needs. Please call me at (925) 969-8013 or e-mail [email protected] if you have any questions or need further information.

Sincerely,

HARRIS & ASSOCIATES

Kourosh Iranpour, P.E, QSD Marie Santos, PE Project Manager Director of Transportation
(925) 696-8013 ◼ (619) 481-5010 ◼
[email protected]

Attachment: Level of Effort

LEVEL OF EFFORT Design Services During Construction
Willow Pass Road Repaving Safe Route to Transit (SR2T)
City Project No. 2449
Amendment No. 2

HARRIS & ASSOCIATES
Date: 4/15/2024
Project
Manager
Project
Engineer
Design
Engr/Tech

TASK/PHASE/DESCRIPTION HOURS HOURS HOURS
6A.0 Engineering Design Services during Construction (2024) 6A.1 Pre-Construction Conference 2 2
6A.2 Prepare Conform Plans and Specifications 8 12 16
6A.3 Review of Contractor Submittals (assumed 14 submittals & resubmittals) 8 20 6A.4 Clarifications and RFI Responses During Construction (assumed 8 RFIs) 14 10 8 6A.5 Meetings and Field Visits (assumed 8 site visits) 16 12 6A.6 Review Change Order Requests and Prep of Change Orders (assumed 3 CCOs) 8 12 16
6A.7 Prepare Record Drawings 0 0 0
6A.8 Project Management 32 8 6
SUBTOTAL HOURS 88 76 46 210
SUBTOTAL DOLLARS $25,080 $13,680 $6,900 $45,660
6B.0 Engineering Design Services during Construction (2025) 6B.1 Pre-Construction Conference 0 0 0
6B.2 Prepare Conform Plans 0 0 0
6B.3 Review of Contractor Submittals (assumed 10 submittals & resubmittals) 8 16 8 6B.4 Clarifications and RFI Responses During Construction (assumed 8 RFIs) 14 10 8 6B.5 Meetings and Field Visits (assumed 8 site visits) 16 12 6B.6 Review Change Order Requests and Prep of Change Orders (assumed 3 CCOs) 8 12 16
6B.7 Prepare Record Drawings 8 24 36
6B.8 Project Management 32 8 6
SUBTOTAL HOURS 86 82 74 242
SUBTOTAL DOLLARS $24,940 $15,580 $11,840 $52,360

HARRIS HOURS AND COST
TOTAL HOURS PER POSITION 174 158 120 452
2024 HOURLY RATE (TYPICAL) $285 $180 $150
2025 HOURLY RATE (TYPICAL) $290 $190 $160
SUBTOTAL HARRIS COST $50,020 $29,260 $18,740 $98,020
TOTAL COST $98,020
ASSUMPTIONS UPON WHICH PROPOSAL IS BASED:
1 Hours and fee for individual tasks are a guide; the total hours and costs for the project takes precedence. 2 3
4 5
6 7 Hourly rates will be adjusted on 1/1/2025.

It is assumed that the record drawings will be completed in 2025 after completion of the entire project Hours and fee may be renegotiated if the project is delayed by factors beyond Harris' control.

It is assumed that no pre-construction meeting will be needed in 2025 The total cost for the team establishes the project budget and not the separate phase totals Utilities will design their relocations, if any are needed.

TOTALS
2024
Const
Year
2025
Const
Year

Staff Report
Date: May 14, 2024
To: City Council
From: Valerie J. Barone, City Manager
Prepared by: Sophia Huckabay, Housing Manager
[email protected]
(925) 671-3387
Subject: Considering direction to staff on allowing the voters to decide on the inclusion of single family homes and condominiums in Ordinance No. 24-3 (Rent Stabilization and Just Cause for Evictions), via a Council initiated ballot measure to be placed before the voters in the November 2024 election; alternatively, to provide direction to staff on a voter advisory ballot measure or a Council-driven Ordinance amendment.

CEQA: Exempt per Public Resources Code section 21065,
CEQA Guidelines Sections 15060, 15061, and/or 15378.

Report in Brief
On March 5, 2024, the City Council adopted Ordinance No. 24-3 amending Concord Municipal Code Chapter 19.40 to increase “Just Cause” eviction protections, expand the City’s Rent Registry, and establish a Rent Stabilization Program. The full Ordinance can be reviewed on the City’s website here. The Ordinance went into effect on April 19, 2024.

At the March 5th meeting, the City Council directed staff to bring back for discussion at a future meeting consideration of placing the question of whether the just cause protections for tenants of rented-single family homes and condos, which include relocation payment requirements and participation in the rent registry, per Ordinance No. 24-3, before the Concord voters.

5.a5.a5.a5.a

City Council Agenda Report
Agenda Item No. 5.a
May 14, 2024
Recommended Action
Hear the staff report, take public testimony and provide direction to staff. Note: if Council directs the drafting of a ballot measure, it would return to Council in June 2024 for consideration of placement on the November ballot.

Background
On March 5, 2024, the City Council adopted Ordinance No. 24-3 amending Concord Municipal Code Chapter 19.40 to increase Just Cause Eviction Protections, expand the City’s Rent Registry, and establish a Rent Stabilization program. The full Ordinance can be reviewed on the City’s website here.

At the March 5th meeting, the City Council directed staff to bring back for discussion at a future meeting consideration of placing the question of whether the just cause protections for tenants of rented-single family homes and condos, per Ordinance No. 24-3, should be placed before the Concord voters.

On March 8, 2024, the City Clerk received a proposed referendum petition, indicating plans to gather signatures to place the entirety of Ordinance No. 24-3 as a referendum on the November 2024 Election ballot. During the signature collection phase, Ordinance No. 24-3 was suspended. On April 18, 2024, the deadline to submit the required number of signatures for the referendum, the proponent of the referendum process informed the City that they were withdrawing from their effort, as they had failed to obtain the required number of signatures. Ordinance No. 24-3 went into effect on April 19, 2024.

The referendum process was independent from any actions the Council may choose to take related to placing a ballot measure allowing Concord voters to decide on certain aspects of the new Ordinance before the voters this November.

Rented single family homes and condominiums are not subject to the Rent Stabilization provisions of Ordinance No. 24-3. However, Just Cause Provisions in the Ordinance apply to rented single family homes and condos, with the exception that single family homes and condos pay a different relocation payment amount than other units covered under the Just Cause Protections. The elements of the Just Cause Protections within Ordinance No. 24-3 that apply to rented single family homes and condos are as follows:
 Requires that an approved “just cause” reason be provided when terminating a tenancy.
 Requires payment of permanent relocation assistance and moving stipends:
relocation payment provided to tenants that are asked to vacate due to a “no fault” just cause that triggers a permanent relocation of the tenant for reasons such as an owner move-in, Ellis Act eviction, and compliance with a government order. The relocation payment is equal to two months of tenant’s current rent plus a moving stipend of $2,000.

City Council Agenda Report
Agenda Item No. 5.a
May 14, 2024
 No additional month’s rent for protected tenants is required. (Although this is required for all other types of rental units covered by the just cause protections)  No payment for temporary relocations that result from the “no fault” eviction of an intent to demolish/substantially remodel the unit. (Although this is required for all other types of rental units covered by the just cause protections)  For owner move-ins, requires an owner to move-into the unit within 90 days after tenant vacates and that the owner must occupy the unit for at least 24 months thereafter. Tenant retains the right to return to the home at the same rental terms in effect at the time the tenant vacated if the property owner does not comply and the tenant returns to the rented home. If this occurs, the property owner must reimburse the tenant for reasonable moving expenses incurred to move back into the unit, in addition to any permanent relocation payments paid.  Fully implements the Ellis Act in that property owners are required to record with the Contra Costa County Recorder’s Office a notice that removes the single family home from the rental market for 10 years. Tenants retain the ability to sue for damages (if within the first 2 years), and the right to return to the home at same rental terms in effect at the time the tenant vacated, if the owner attempts to return the home to the market within 10 years.
 For government orders, if the tenant returns to the unit when it is found to be in compliance with the government order, tenant retains the right to return at same rental terms in effect at the time the tenant vacated.
 Requires the property owner to register annually within the City’s rent registry.

The current registry fee for a rented single family home or condominium is $29.

A copy of the full Ordinance is Attachment 1.

Generally speaking, the State Tenant Protection Act of 2019 (AB 1482, as amended by SB 567) imposes the following:
 State’s rent increase cap of five percent plus the Consumer Price Index (CPI), or ten percent, whichever is less (the lesser of 5% + CPI, or 10%)  Just cause for eviction tenant protections requiring a property owner to have a “just cause” in order to terminate a tenancy
 Relocation assistance due to tenants for “no fault” evictions in the amount of one month of the tenant’s current rent
However, single family homes and condominiums (but not mobile homes) are exempt from the State’s rent increase cap and just cause for eviction protections, if they received their certificate of occupancy within the previous 15 years. In addition, those single family homes, condominiums and mobile homes that are “alienable separate from the title to any other dwelling unit” are exempt unless the owner is any of the following:

City Council Agenda Report
Agenda Item No. 5.a
May 14, 2024
 A real estate investment trust
 A corporation
 A limited liability company in which at least one member is a corporation  Management of a mobile home park
Analysis
California Elections Code Section 9222 allows the City Council to submit to the voters, without a petition, a proposition to repeal, amend, or enact any ordinance. Further the regulations require that the City hold the election not less than 88 days after the date of the order of election.

Resolution Calling for an Election and Providing the Ballot Language If the City Council determines that it wishes to move forward with a ballot measure related to just cause protections for rented single family residences then staff would schedule Council consideration of a resolution calling for and giving notice of a November 5, 2024, election on the proposed ballot measure in June 2024. The resolution would include the specific language being placed before the voters.

The City must send its request for the measure to be on the ballot with other necessary election paperwork to the Contra Costa County Elections Division no later than Friday, August 9, 2024.

If Council choses to place aspects related to rented single family homes and condos before the voters, and the measure passes, Council will be precluded from amending any of those same aspects of the adopted Ordinance but would instead need to approach the voters for any future desired changes.

Impartial Summary
After the resolution calling for and giving notice of a November election is sent to the County Elections Division, the City Attorney prepares an impartial analysis of the measure showing the effect of the measure on the existing law and the operation of the measure. The analysis shall include a statement indicating the measure was placed on the ballot by the governing body of the city, and it shall be printed preceding arguments for and against the measure The analysis shall not exceed 500 words in length.1 Written Arguments
The legislative body, or members of the legislative body authorized by that body, or an individual voter who is eligible to vote on the measure, or bona fide association of citizens, or a combination of voters and associations, may file a written argument for or against a city measure. An argument shall not exceed 300 words in length.2 1 California Elections Code Section 9280
2 California Elections Code Section 9282

City Council Agenda Report
Agenda Item No. 5.a
May 14, 2024
A bona fide association of citizens is a recognized group of citizens bound together by a common interest or cause such as:
 A group or organization primarily formed as a committee to support or oppose a ballot measure.
 An organization that meets on a regular basis.

The individuals signing an argument on behalf of a bona fide association do not have to be eligible voters in the jurisdiction.

Only one Argument in Favor and one Argument Against any measure will be printed in the Voter Information Guide. If more than one Argument in Favor or more than one Argument Against any measure is filed, a single argument will be selected by the election’s official (City Clerk).

In selecting a single argument, the City Clerk gives preference and priority, in order, to arguments submitted by:

1. Members of the City Council

2. Bona fide associations of citizens

3. Individual voters who are eligible to vote on the measure If two or more parties representing the same type of body/association submit competing Arguments in Favor or Arguments Against the same measure, the City Clerk will make a subjective assessment of the arguments. The assessment may include consideration of grammar, spelling, coherence, tone, and the comprehensiveness of the argument.3 Rebuttal Arguments
When an argument in favor and an argument against a measure have been selected to be printed in the voter information guide, the elections official (City Clerk) shall send a copy of the argument in favor of the measure to the authors of the argument against the measure and a copy of an argument against the measure to the authors of the argument in favor of the measure.

The author or a majority of the authors of an argument relating to a city measure may prepare and submit a rebuttal argument or may authorize in writing another person or persons to prepare, submit, or sign the rebuttal argument. A rebuttal argument shall not exceed 250 words, and a rebuttal argument relating to city measures shall be filed with the election’s official no later than 10 days after the final filing date for primary arguments.4
3 California Elections Code Section 9287
4 California Elections Code Section 9285

City Council Agenda Report
Agenda Item No. 5.a
May 14, 2024
Public Examination of Arguments, Ordinance, and Analysis The elections official shall make a copy of the arguments, ordinance, and impartial analysis available for public examination in the election official’s office for a period of 10 calendar days immediately following the filing deadline for submission of those materials. Any person may obtain a copy of the materials from the elections official.

During the 10-calendar-day public examination period, any voter of the jurisdiction in which the election is being held, or the elections official, himself or herself, may seek a writ of mandate or an injunction requiring any or all of the materials to be amended or deleted. The writ of mandate or injunction will not substantially interfere with the printing or distribution of official election materials as provided by law.5 Arguments, Rebuttal Arguments, and analyses are printed in the Voter Information Guide and mailed to all registered voters in the jurisdiction who are eligible to vote for the particular measure. All content is translated into Spanish and Chinese and will appear in English, Spanish, and Chinese in that order.

A Draft November 5, 2024, General Election Filing Period Calendar is below. Election deadline dates are designated by the Contra Costa Elections Official, and the final calendar for the November election is not available as of the printing of this staff report.

November 5, 2024, General Election
Filing Period
August 9 Last day to place a measure on the ballot
August 21 Deadline for Primary Arguments For/Against
August 26 Deadline for Rebuttal Arguments
September 5 Last day to file Writ of Mandate
September 26 Estimated Voter Information Guide mailing
Alternative Actions
If Council desires to change some aspect of the Ordinance under their own authority, vs. by putting it before the voters, it may do so. Council would need to direct staff to return to a future Council meeting with the requested ordinance edits for public and Council consideration. Council may also pursue an advisory, non-binding ballot measure, which would be subject to the same costs and schedule as a traditional ballot measure.

Financial Impact
Should the Council place a measure on the ballot costs will be determined by the Contra Costa County Elections Division following the election and varies depending upon the number of agencies that consolidate and share in election costs. 5 California Elections Code Section 9295

City Council Agenda Report
Agenda Item No. 5.a
May 14, 2024
When asked for an estimate, the County indicated the City’s cost would likely fall between $180,000 and $288,000 total for the November 2024 election ($2.50 to $4.00 per registered voters). The low end is the estimate if only the two council districts’ councilmember elections are on the ballot and the high end is if a City initiated ballot measure is added as well.

Any additional work to amend the ordinance under Council direction would impact staff workload, but is not anticipated to have any additional costs associated with it.

Environmental Determination
Council action on this item is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, because preliminary direction to staff does not constitute a “project,” and will not result in a direct or reasonably foreseeable indirect physical change in the environment, pursuant to CEQA Guidelines Sections 15060(c), 15378 and Public Resources Code Section 21065. A potential ballot measure to be submitted to the voters is not a commitment to any particular action. In addition, a potential ballot measure and/or Ordinance changes are categorically exempt pursuant to Section 15061(b)(3), the common sense exception of the CEQA Guidelines because it can be seen with certainty that there is no possibility that the ordinance may have a significant effect on the environment. No unusual circumstances are present.

This determination reflects the City’s independent judgment and analysis.

Public Contact
The City Council Agenda was posted, and an email was sent to the interested party email list.

Attachment

1. Municipal Code Chapter 19.40, Residential Tenant Protection Program

1 Ch
apter 19.40
Residential Tenant Protection Program
Sections

19.40.010 Binding Findings; Definitions ; Citation.

19.40.020 General Applicability of Chapter; Exemptions.

19.40.030 Rent Stabilization.

19.40.040 Permitted Rent Increases for Covered Rental Units.

19.40.050 Rent Adjustment Petitions.

19.40.060 Annual Rental Registration.

19.40.070 Just Cause for Eviction.

19.40.080 Relocation Assistance For No-Fault Termination Of Tenancy; Moving Stipend.

19.40.090 Requirement to Offer Written Lease, Minimum Lease Terms.

19.40.100 Notice of Tenant Rights.

19.40.110 Procedures and Guidelines.

19.40.120 Remedies.

19.40.130 Waiver Prohibited.

19.40.140 Severability.

19.40.010 B
inding Findings; Definitions; Citation.
(a) Binding Findings. Pursuant to Civil Code Section 1946.2(g)(1)(B), the City Council hereby makes the following binding findings within this Chapter, that this Chapter is more protective than the provisions of Civil Code Section 1946.2 because:
(1) T
he just cause for termination of a residential Tenancy under this Chapter is consistent with and more protective than Civil Code Section 1946.2; and (2) Th
is Chapter provides additional tenant protections that are not prohibited by any other provision of law, because it provides for earlier and higher relocation assistance amounts than those available to Tenants covered by Civil Code Section 1946.2, requires certain minimum lease terms, limits the exemptions listed in Civil Code Section 1946.2 and in particular applies just cause for termination of a Tenancy to Dwelling Units regardless of when a certificate of occupancy is issued for the Dwelling Unit and protects Tenants upon commencement of the Tenancy; and
(3) A
s provided in Civil Code Section 1946.2(g)(2), a residential real property shall not be subject to both a local ordinance requiring just cause for termination of a residential Tenancy and Civil Code Section 1946.2. This Chapter intends to cover those Dwelling Units defined as Covered Rental Units and to the extent such Dwelling Units are covered by this Chapter, such Dwelling Units will not be subject to Civil Code Sections 1946.2 and 1947.12.

Attachment 1

2 (b) The City Council finds that there presently exists a critical shortage of rental housing in the City. Due to this shortage, it is very difficult to find adequate, safe, and habitable rental housing at reasonable rents.

(1) Due to the shortage of rental units, rents in the City are increasing excessively. A substantial number of persons in the City who reside in rental units spend a high percentage of their income on rent, and many have been forced to move out because they could no longer afford to pay the increase in rent. Further, low- and moderate-income Tenants have difficulty finding affordable housing after being displaced due to a rent increase.

(2) The purposes of this Chapter are to promote long-term stability and certainty for Tenants in the rental market while providing Landlords an ability to receive a fair return on their Property. This Chapter regulates Rents and terminations of Tenancy, including requiring relocation assistance and affording a Tenant the right to return under certain circumstances. It requires Landlords to register Covered Rental Units, establishes an administrative hearing process, and provides for procedures and guidelines for the implementation of this Chapter.

(c) Definitions. The following terms shall have the meaning provided below when used in this Chapter, whether plural or singular.

(1) "Accessory Dwelling Unit" shall mean an accessory dwelling unit or a junior accessory dwelling unit as those terms are defined in Code Section 18.200.180, which has received a valid accessory dwelling unit or a junior accessory dwelling unit permit from the City or Contra Costa County.

(2) “Accommodations” shall be as defined in the Government Code Section 7060(b)(1), which, for convenience, reads as follows:

(1) “Accommodations” means either of the following:
(A) The residential rental units in any detached physical structure containing four or more residential rental units.
(B) With respect to a detached physical structure containing three or fewer residential rental units, the residential rental units in that structure and in any other structure located on the same parcel of land, including any detached physical structure specified in subparagraph (A).

(3) “Allowable Annual Rent Increase” shall mean the annual rent increase as set forth in Section 19.40.040.

(4) “Base Rent” shall mean as follows: For tenancies commenced on or before April 4, 2023, the Rent in effect on April 4, 2023 plus the Initial Allowable Annual Rent Increase. For tenancies commenced after April 4, 2023, but prior to the effective date of this Chapter, the Rent charged upon initial occupancy plus the Initial Allowable Annual Rent Increase. For tenancies commenced after the effective date of this Chapter, the Rent charged upon initial occupancy. The foregoing amounts are subject to the assumption that such amounts are not in violation of this Chapter or any provision of State law. Nothing in this definition is intended to alter the

3 requirement that a Landlord provide a Tenant with valid, written notice of any change in the terms of the Rental Agreement (including any Rent decrease or Rent increase) as required by Civil Code Section 827.

(5) “Base Year” shall mean the 2022 calendar year.

(6) "City Council" shall mean the City Council of the City of Concord.

(7) "City" shall mean the City of Concord.

(8) "Code" shall mean the Concord Municipal Code.

(9) "Covered Dwelling Unit” and “Covered Rental Unit" are used interchangeably and shall mean a Dwelling Unit located within the City not specifically exempted under Section

19.40.020(a) or 19.40.020(b).

(10) "CPI" shall mean Consumer Price Index for all urban consumers for the San Francisco-Oakland-Hayward, California area, or any successor designation of that index that may later be adopted by the U.S. Department of Labor for April of each year. Calculation of the CPI percentage will be determined by the City and set forth in its procedures and guidelines.

(11) “Disabled” shall mean any mental or physical disability as defined in Government Code Section 12955.3. A “Disabled Tenant” is a Tenant who is disabled.

(12) "Dwelling Unit" shall mean a dwelling unit, as defined under California Civil Code Section 1940(c), including joint living and work quarters, that is used or occupied in consideration of payment of Rent, and applies to any dwelling space that is actually used for residential purposes, whether or not the residential use is legally permitted, including live-work spaces, mobilehomes rented to a Tenant, and any Accessory Dwelling Unit in the City.

(13) "Ellis Act" shall mean California Government Code Sections 7060 – 7060.7.

(14) “Fair Return Petition” shall mean a petition filed by a Landlord seeking a Fair Return Rent Increase pursuant to Section 19.40.050.

(15) “Fair Return Rent Increase” shall mean the amount by which Base Rent plus any Allowable Annual Rent Increase may be increased in accordance with an approved Fair Return petition submitted pursuant to Section 19.40.050.

(16) “Hearing Officer” shall mean an official appointed by the City Attorney to conduct an administrative hearing pursuant to this Chapter.

(17) "Housing Services" include, but are not limited to, repairs, maintenance, painting, providing light, heat, hot and cold water, elevator service, window shades and screens, storage, kitchen, bath and laundry facilities and privileges, janitor services, access to exterior doors, entry systems and gates, utilities (unless separately metered and billed to the Tenant by the utility

4 company since the inception of the Tenancy, as provided in the Rental Agreement), refuse removal, furnishings, telephone, parking, the right to have a specified number of occupants or tenants, the right to have pets, utility infrastructure, and any other benefit, privilege or facility connected with the use or occupancy of any Dwelling Unit.

(18) “HUD FMR Rent” shall mean the fair market rent published by the U.S.

Department of Housing and Urban Development for the applicable year for Contra Costa County.

(19) “Initial Allowable Annual Rent Increase” shall mean sixty percent (60%) of the CPI increase for the twelve-month period from April 2022 to April 2023, which equals 2.52%.

(20) "Landlord" or “Owner” shall mean any person, acting as principal or through an agent, having the right to offer a Dwelling Unit for rent, and includes a sublessor, except that this term does not include the Owner or operator of a mobile home park or his or her agent, but does include the Owner of a mobile home if the mobile home is offered for rent.

(21) "Landlord's Family Member" shall mean a Landlord's parent, child, spouse or registered domestic partner, grandparent, grandchild.

(22) “Lawful Rent” shall mean the Base Rent for a Covered Rental Unit as such Base Rent may be increased by any Annual Allowable Rent Increase and any Fair Return Rent Increase permitted by this Chapter. Lawful Rent expressly excludes any Unlawful Rent.

(23) “Lawful Rent Increase” shall mean the Annual Allowable Rent Increase together with any Fair Return Rent Increase permitted for the Covered Rental Unit as specified in this Chapter. Lawful Rent Increase expressly excludes any Unlawful Rent increase.

(24) “Lower-Income Tenant” shall mean a person and family whose income does not exceed the qualifying limits for lower income families as established and amended from time to time pursuant to Section 8 of the United States Housing Act of 1937, or as otherwise defined in California Health and Safety Code Section 50079.5.

(25) “Moving Stipend” is defined in Section 19.40.080(a)(2)d.

(26) “Property” shall mean the real property on which the Dwelling Unit or Units are located. For purposes of the Ellis Act evictions only, “Property” shall mean the parcel on which the Accommodations are located.

(27) “Protected Tenant” shall mean any Lower-Income Tenant, Disabled Tenant, Senior Tenant, Terminally Ill Tenant, and any Tenant whose household contains School-Aged Children.

(28) "Rent" shall mean all payments and all nonmonetary consideration including, but not limited to, the fair market value of goods, labor performed or services rendered to or for the benefit of the Landlord under a Rental Agreement concerning the use or occupancy of a

5 Dwelling Unit and premises and attendant Housing Services, including all payment and consideration demanded or paid for parking, utility charges, pets, furniture, and other benefits, privilege or facility connected with the use or occupancy of the Dwelling Unit.

(29) "Rental Agreement" shall mean an oral or written lease, sublease, or similar agreement between a Landlord and a Tenant for the lawful occupancy of a Dwelling Unit.

(30) “Rent Restricted Affordable Unit” is defined in Section 19.40.020(b)(3).

(31) “School-Aged Child” or “School-Aged Children” shall mean any TK-12 th grade
student enrolled full-time in a brick-and-mortar school, or a special needs student enrolled full- time in a brick-and-mortar school, living in the Tenant’s Covered Rental Unit.

(32) “School Year” shall mean the first day of instruction for the fall semester through the last day of instruction for the Spring semester, as posted on the applicable school’s website.

(33) “Senior Tenant” shall mean a Tenant who is at least sixty-two (62) years of age or older as defined in Government Code Section 7060.4.

(34) “Significant Hardship” is defined in Section 19.40.070(d)(1)c.

(35) "State" shall mean the State of California.

(36) “Substantial Remodel” or “Substantially Remodel” shall mean either of the following that cannot be reasonably accomplished in a safe manner that allows the Tenant to remain living in the Covered Rental Unit and that requires the Tenant to vacate the Covered Rental Unit for at least thirty (30) consecutive days: (i) the replacement or substantial modification of any structural, electrical, plumbing, or mechanical system that requires a permit from a governmental agency; or (ii) the abatement of hazardous materials, including lead-based paint, mold, or asbestos, in accordance with applicable federal, State, and local laws. Cosmetic improvements alone, including painting, decorating, and minor repairs, or other work that can be performed safely without having the Covered Rental Unit vacated, do not qualify as substantial remodel.

(37) "Tenancy" shall mean the lawful occupation of a Dwelling Unit and includes a lease or a sublease.

(38) "Tenant" shall mean a tenant, subtenant, lessee, sublessee, or any other person entitled under the terms of a Rental Agreement to the use or occupancy of any Dwelling Unit.

(39) “Terminally Ill Tenant” shall mean a Tenant who has a terminal disease as defined in California’s End of Life Option Act as any “incurable and irreversible disease that has been medically confirmed and will, within reasonable medical judgment, result in death within six months” pursuant to Health and Safety Code Section 443.1 and which is verified in writing by the Tenant’s medical care provider.

6 (40) “Unlawful Rent” shall mean any Rent charged by a Landlord to or paid by a Tenant for a Covered Rental Unit which exceeds the Tenant’s Base Rent together with any Lawful Rent Increase. In the case of a Rent Restricted Affordable Unit, “Unlawful Rent” shall mean any Rent increase imposed in excess of the Rent increase specified in Section

19.40.020(b)(3).

(d) Citation. This Chapter may be referred to as the “Residential Tenant Protection Program” of the City. The words “this Chapter” and “this Ordinance” are used interchangeably herein.

19.40.020 General Applicability of Chapter; Exemptions.

This Chapter shall apply to all Landlords and Tenants in Dwelling Units within the jurisdictional limits of the City, unless otherwise exempted by State law or the provisions of this Chapter. (a) Fully Exempt (Exempt from Both Rent Stabilization and Just Cause for Eviction). The following Dwelling Units are exempt from all provisions of this Chapter:

(1) Units in Hotels as defined in Code Section 18.20.010 which, for convenience, reads as follows:

“Hotel” or “motel” means a facility that provides guest rooms or suites, with or without kitchen facilities, rented to the public for transient lodging. These facilities typically include a variety of services in addition to lodging, such as restaurants, meeting facilities, spas or other personal services, and accessory guest facilities including swimming pools, sport courts, exercise facilities, and accessory retail sales.

This classification does not include rooming houses, boardinghouses, or private residential clubs (see “Group housing” under “Residential Facility,” and “Bed and breakfast inn”).

For purposes of this Chapter only, “Hotel” or “motel” does not include short-term rentals arrangements in which a Dwelling Unit is hired or occupied by reason of concession, permit, right of access, license, or other agreement for a period of 30 consecutive calendar days or less, counting portions of calendar days as full days.

(2) Institutional Facilities. Housing accommodations in a hospital, religious facility, extended care facility, licensed residential care facility for the elderly, as defined in Section 1569.2 of the Health and Safety Code, or an adult residential facility, as defined in Chapter 6 of Division 6 of Title 22 of the Manual of Policies and Procedures published by the State Department of Social Services.

(3) Dormitories owned and operated by an institution of higher education or a kindergarten and grades 1 to 12 inclusive, school.

7 (4) Government Owned. Housing accommodations which are owned by a public agency or authority, or which are specifically exempted under State or federal law or administrative regulation.

(5) Dwelling Units in which the Tenant shares bathroom or kitchen facilities with the Owner who maintains their principal residence at the Property.

(6) Emergency shelters, and homeless shelters as defined in Code Section

18.200.070.

(7) Residential facility/ies, as defined in Code Section 18.20.020.

(8) Accessory Dwelling Units.

(9) A property containing two separate dwelling units within a single structure in which the owner occupied one of the units as the owner’s principal place of residence at the beginning of the tenancy, so long as the owner continues in occupancy, and neither unit is an accessory dwelling unit or a junior accessory dwelling unit.

(b) Partially Exempt (Exempt from Rent Stabilization but subject to Just Cause for Eviction).

The following Dwelling Units are exempt from all Rent Stabilization provisions of this Chapter:

(1) Dwelling Units that are expressly exempt under State or federal law. This includes any Dwelling Unit that has a certificate of occupancy or equivalent permit for residential occupancy issued after February 1, 1995. For this purpose, a certificate of occupancy is the certificate issued before the Property is used for any residential purposes.

(2) Any Dwelling Unit that is alienable separate (i.e., separately transferrable) from the title to any other Dwelling Unit, or is a subdivided interest in a subdivision, as specified in California Business and Professions Code Section 11004.5(b), (d), or (f), including without limitation single family residences and condominiums, but excluding mobile homes offered for rent.

(3) Dwelling Units that are either restricted by the City or other governmental agency as affordable housing for persons or families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code if any are subject to one of the following Rent increase restrictions:

(i) Rent increases equal to or less than five percent (5%) annually and enforceable by the City or other governmental agency pursuant to a deed, regulatory restriction contained in an agreement, or other recorded document, or

(ii) for certified over income Tenants, Rent increases in an amount less than or equal to those permitted under Civil Code Section 1947.12(a)(1) until/if AB 846 (amending Health and Safety Code Section 50199.24 (Low income housing credit: rent increases)) is enacted, in which case the provision of the latter shall control, provided that

8 Tenants are not charged Rent in excess of thirty percent (30%) of the household monthly income.

The foregoing are referred to herein as the “Rent Restricted Affordable Units.” “Tenant” as used for purposes of Rent Restricted Affordable Units means all individuals living in the Rent Restricted Affordable Unit (i.e. the household). Notwithstanding the language in Section 19.40.020(b) above, the Petition process set forth in Section 19.40.050 shall apply.

19.40.030 Rent Stabilization.
(a) Subject to Section 19.40.020, no Landlord shall charge Rent in an amount that exceeds the Base Rent plus any Lawful Rent Increases permitted by this Chapter.

19.40.040 Permitted Rent Increases for Covered Rental Units. (a) A Landlord may, but shall not be obligated to, impose the Initial Allowable Annual Rent Increase or any other an annual Rent increase for any Covered Rental Unit, as allowed in this Section 19.40.040 after providing prior written notice to the Tenant of the Rent increase pursuant to California Civil Code Section 827, as may be amended.

(b) Notwithstanding the foregoing, a Landlord shall be prohibited from imposing an Allowable Annual Rent Increase, unless the Covered Rental Unit is registered with the City pursuant to Section 19.40.060, and the Landlord is not delinquent in registry fees, accrued interest, fines, and penalties pursuant to former Section 19.40.110 (Rent Registry) and/or Section

19.40.060, as applicable.

(c) Allowable Annual Rent Increases. This Chapter shall limit annual Rent increases on Covered Rental Units to no more than sixty percent (60%) of the percentage increase in CPI published and reported for the twelve-month period ending as of April of the immediately- preceding year, provided however in no event shall the Allowable Annual Rent Increase exceed three percent (3%). In the event that the percentage change in the CPI is negative, the Allowable Annual Rent Increase shall be zero percent (0%). The Allowable Annual Rent Increase shall be rounded to the nearest one-quarter of a percent (0.25%). Nothing in this subsection is intended to alter the requirement that a Landlord provide a Tenant with valid, written notice of any Rent increase as required by Civil Code Section 827. The Annual Allowable Rent Increase amount shall be reviewed annually by the City Council.

(d) Only one Allowable Annual Rent Increase and one Fair Return Rent Increase (if and to the extent approved by the Hearing Officer) may be imposed on a Covered Dwelling Unit in any twelve (12) month period, unless otherwise permitted by this Chapter.

(e) Rent Increase Following Vacancy (Vacancy Decontrol). When a Tenant has voluntarily vacated, abandoned, or been legally evicted from a Covered Rental Unit, the Landlord may set

9 the initial Rent for the next Tenant, without restriction, at the commencement of the new Tenancy.

(f) Allowable Annual Rent Increase Banking Prohibited. A Landlord who seeks to raise Lawful Rent by the Allowable Annual Rent Increase must do so within the twelve-month period between August 1 of the current year and July 31 of the following year. A Landlord who does not impose an Allowable Annual Rent Increase or any portion thereof in the applicable twelve month period automatically waives that Allowable Annual Rent Increase or the remaining portion of that Allowable Annual Rent Increase for the remainder of the Tenancy.

19.40.050 Rent Adjustment Petitions.
(a) Fair Return Petitions. Landlords who believe they are not receiving a fair return on their Property may submit a Fair Return Petition to the City to request an increase in Rent beyond that which is permitted under Section 19.40.040.

(1) Nothing in this Section 19.40.050 shall be interpreted to authorize any Lawful Rent Increase in any twelve month period for a Covered Rental Unit in excess of the amount authorized pursuant to California Civil Code Section 1947.12, as may be amended. If a Hearing Officer awards a Landlord a Fair Return Rent Increase in excess of the maximum allowable Rent increase pursuant to Civil Code Section 1947.12, the Landlord may carry forward any portion of the Fair Return Rent Increase that could not be taken to a subsequent year until the full Fair Return Rent Increase is imposed.

(2) No Fair Return Petition shall be deemed submitted or accepted until the Landlord has registered the Property and paid all current and past-due registration fees for the Property pursuant to former Section 19.40.110 (Rent Registry) and/or current Section 19.40.060, as applicable.

(3) No Fair Return Rent Increases shall become effective until all of the following have occurred:

a. The Landlord has provided written notice of the Fair Return Rent Increase for the Covered Rental Unit in accordance with California Civil Code Section 827, as may be amended;

b. After a hearing is held, the Hearing Officer, in a written decision, grants the Fair Return Rent Increase; and

c. All amounts due and payable to the City in connection with the Fair Return Petition and hearing have been paid in full.

(4) Standard for Approving a Fair Return Petition.

a. Fair Return. The Landlord has the right to obtain a net operating income equal to the Base Year net operating income adjusted by the percentage increase

10 in the CPI since the Base Year. It shall be presumed that this standard provides a fair return. The current year CPI shall be the annual CPI for the calendar year preceding the calendar year the Fair Return Petition is filed. The Hearing Officer shall make a determination whether the Landlord will receive a fair return under this standard. In evaluating whether or not the Landlord is receiving a fair return on their investment, the Hearing Officer may consider other relevant factors without limitation.

b. Base Year Net Operating Income. The Base Year and current year net operating income shall be determined by subtracting the actual operating expenses for the Base Year from the gross income realized during the Base Year. The Landlord shall provide evidence of gross income, operating expenses, and the determination of net operating income for the Base Year and current year. All figures shall be certified by the Landlord under penalty of perjury as true and correct and with respect to expenses and income used to determine gross income, as permitted pursuant to Section 19.40.050(a).

c. Rebuttal Of Base Year Net Operating Income Presumption. Any party to the hearing may present evidence to rebut the presumption of fair return based upon the Base Year net operating income, and the Hearing Officer may adjust said net operating income accordingly if at least one of the following findings is made:

(i) The Landlord’s operating expenses in the Base Year were unusually high or low in comparison to other years. In such instances, adjustment may be made in calculating operating expenses so the Base Year operating expenses reflect average expenses for the Property over a reasonable period of time. The Hearing Officer shall consider the following factors in making this finding:
(a) Extraordinary amounts were expended for necessary
maintenance and repairs;

(b) Maintenance and repair was below accepted standards so as to cause significant deterioration in the quality of services provided;

(c) Other expenses were unreasonably high or low in
comparison to prudent business practices;

(d) Costs of debt service paid during the Base Year, where the proceeds of the debt were used for capital improvements or rehabilitation in the Property.
(ii) T he gross income during the Base Year was disproportionate. In such instances, adjustments may be made in calculating gross income

11 consistent with the purposes of this section. The Hearing Officer shall consider the following factors in making this finding:
(a) The gross income during the Base Year was lower than it might have been because some Tenants were charged reduced Rent;

(b) The gross income during the Base Year was significantly lower than normal because of the destruction of the premises and/or temporary eviction or vacancies for a Substantial Remodel, construction, or repairs.
(iii) T he Rent charged by the Landlord in the Base Year were significantly below the HUD FMR Rent for the most similar unit type.

d. Determination Of Current Net Operating Income. The net operating income as of the date of filing a Fair Return Petition shall be determined by:
(i) Annualizing the Rent in effect as of the date of filing to determine the annualized gross income;
(ii) Determining the operating expenses during the immediately preceding calendar year;
(iii) Subtracting the operating expenses determined pursuant to Subsection (ii) from the annualized gross income.
e. C alculation Of Gross Income .

(i) For the purposes of determining the net operating income, gross income shall be the sum of the following:
(a) Gross Rent calculated as gross rental income at one hundred percent (100%) occupancy, adjusted for uncollected Rent as provided in Section 19.40.050(a)(4)e.(ii);

(b) Income from any laundry facilities and parking fees;

(c) All other income or consideration received or receivable in connection with the use or occupancy of the Covered Rental Unit. (ii) G ross Rent shall be adjusted for uncollected Rent due to vacancy and bad debts to the extent such are beyond the control of the Landlord.

No such adjustment shall be greater than three percent (3%) of gross Rent unless justification for a higher rate is demonstrated by the Landlord. f. Calculation Of Operating Expenses.

12 (i) For the purposes of determining net operating income, operating expenses shall include the following:
(a) Reasonable costs of operation and maintenance.

(b) Utility costs to the extent they are not paid by the Tenants.

(c) Landlord-performed labor compensated at reasonable
hourly rates. No Landlord-performed labor shall be included as an operating expense unless the Landlord submits documentation showing the date, time and nature of the work performed. There shall be a maximum allowed under this provision of five percent (5%) of gross income unless the Landlord shows greater services were performed for the benefit of the Tenants.

(d) Real property taxes and assessments.

(e) Reasonable costs of operation and maintenance including, but not limited to, cost associated with repairs mandated by law.

(f) Insurance costs to the extent they are not paid by the Tenants.
(ii) O perating expenses shall not include the following:
(a) Mortgage principal or interest payments or other debt service costs or lease payments;

(b) Any penalties, fees or interest assessed or awarded for violation of any provision of this Chapter or of any other provision of law;

(c) Legal fees except as specified in Section

19.40.050(a)(4)f.(iii);

(d) Political contributions;

(e) Any expenses for which the Landlord has been or will be reimbursed by any discount, security deposit, insurance payment or settlement, judgment for damages, settlement or any other method or device;

(f) Avoidable and unnecessary expense increases since the Base Year;

(g) Depreciation;

13 (h) Expenses which are excessive in relation to the customary and reasonable costs of such items;

(i) The costs of capital improvements associated with the purchase and/or installation of separate meters or service unless the Landlord can demonstrate that such improvements benefit the Tenants;
(iii) L egal expenses allowed in the calculation of operating expenses shall include: attorneys’ fees and costs incurred in connection with successful good-faith attempts to recover Rent owing, successful good- faith unlawful detainer actions not in derogation of applicable law, and legal expenses necessarily incurred in dealings with respect to the normal operation of the Property to the extent such expenses are not recovered from adverse or other parties. Attorneys’ fees incurred in relation to the administrative or judicial proceedings in connection with Section

19.40.050(a) are not allowable as operating expenses.
g. Determination of Fair Return Rent Increase.

(i) The Hearing Officer shall set the Fair Return Rent Increase in the amount required to provide the Landlord with a fair return. (ii) In determining the Fair Return Rent Increase required to provide the Landlord with a fair return, the following shall be determined:
(a) The fair return in accordance with Section

19.40.050.a.(4)(a);

(b) The gross income required to produce the fair return;

(c) The rent increase needed to produce the required gross income.
(5) N otices Upon Submitting Petition.

a. Within five (5) calendar days after submission of a Landlord's Fair Return Petition to the City, the Landlord shall serve each affected Tenant with a notice of the Fair Return Petition via personal service or certified mail.

b. Within ten (10) calendar days after service on each affected Tenant, the Landlord shall file with the City a proof of service, signed under penalty of perjury, stating that a copy of the petition was served upon each affected Tenant.

14 (b) Tenant Petitions. If a Landlord demands or retains Unlawful Rent for a Covered Rental Unit, a Tenant may file a petition to adjust the Rent to its lawful level.

(1) Unlawful Rent. If a Tenant believes that the Landlord is demanding Unlawful Rent for a Covered Rental Unit, then the Tenant may submit a Tenant petition to the City.

(2) Decrease in Housing Services. A decrease in Housing Services of a Covered Rental Unit, without a corresponding reduction in Rent, is considered an increase in Rent.

Before filing a petition with the City, a Tenant shall provide the Landlord all of the following (copies of which must be submitted with the Tenant petition):

a. Prior written notice identifying the decrease in Housing Services of a Covered Rental Unit; and

b. A reasonable opportunity to correct the issue(s).

(3) Notices Upon Submitting Petition.

a. Within five (5) calendar days after submission of a Tenant petition for rent adjustment to the City, the Tenant shall serve the Landlord with said petition via personal service or certified mail.

b. Within ten (10) calendar days after service on the Landlord, the Tenant shall file with the City a proof of service, signed under penalty of perjury, stating that a copy of the petition was served on the Landlord.

(c) Petition Forms. Fair Return and Tenant petitions must be filed on petition forms prescribed by the City and accompanied by such supporting material as the City may require.

Each petition shall be made under penalty of perjury.

(d) Petition Fees.

(1) Fair Return Petitions.

a. Landlords filing a Fair Return Petition shall be responsible for all City costs associated with such petition, including, but not limited to the cost of the Hearing Officers, any costs associated with experts, inspection fees, and any other costs. The City shall provide the Landlord with an estimate of the costs at least 45 calendar days prior to the first date set for the hearing. The Landlord shall deposit with the City the full estimated cost of the hearing at least 30 calendar days prior to the first date set for the hearing. If the deposit is not timely received by the City, the hearing will be postponed, and the hearing shall not be rescheduled until such time as the deposit is received. City shall have the right to deduct costs incurred from the deposit. Upon the completion of the hearing, the City shall prepare a final invoice of hearing costs.

15 b. To the extent that the final invoice amount exceeds the amount deposited by the Landlord, the Landlord shall pay the difference to the City within 10 days of receipt of the final invoice. To the extent the final invoice amount is less than the amount deposited by the Landlord, the City shall issue a refund to the Landlord for the difference.

c. The City will not issue the Hearing Officer’s final decision until the City has received full payment of the final invoice, and no Fair Return Rent Increase, if approved, may be imposed until full payment is received by the City.

(2) Tenant Petitions. There shall not be any fee charged for Tenants filing a petition for a downward adjustment of Rent.

(e) Hearing Process.

(1) Upon receipt of a Fair Return or Tenant petition and the proof(s) of service that the petition has been served as provided above, the City shall appoint a Hearing Officer to conduct a hearing on the petition and to render a final decision on the merits of the petition, subject to this Chapter and any procedures, regulations, and guidelines promulgated by the City Manager.

(2) Each party to a petition shall receive sufficient advance notice of the time, date, and place of any hearing regarding the petition.

(3) The Hearing Officer may require either party to a petition to provide any books, records, and papers deemed pertinent.

(4) If the Hearing Officer finds good cause to believe that a building or other inspection would assist in resolving the issues raised in the petition, the Hearing Officer may conduct an inspection and/or request that the City conduct an inspection. Any party submitting a petition shall be required to cooperate with the City to grant and/or secure permission to conduct such inspection, within the constraints of applicable law; failure to do so shall be considered an automatic and voluntary withdrawal of that party’s petition upon written notice by the City thereof. The parties to the petition may be present during the inspection.

(5) All hearings conducted pursuant to this Chapter shall be open to the parties and their designated representatives, but shall not be open to the public.

(f) Assistance or Representation Authorized. All parties to a petition may seek assistance from attorneys, recognized tenant organization representatives, or any other person designated by said parties.

(g) Consolidation. All Fair Return Petitions pertaining to Tenants in the same Property shall be consolidated for determination. Tenant petitions for Rent adjustment from Tenants residing in the same Property may be consolidated at the election of the City, in its sole discretion.

16 (h) Quantum of Proof and Notice of Decision. No petition shall be granted unless supported by the preponderance of the evidence submitted prior to and at the hearing. All parties to the petition shall be sent notice of the decision.

(i) Finality of Decision. The decision of the Hearing Officer shall be the final decision and shall not be appealable to the City Council. Any party disputing the final conclusions and findings of the Hearing Officer may seek review pursuant to Code of Civil Procedure Sections 1094.5 and 1094.6.

(j) Time of Hearing and Decision. The City shall not be required to accept petitions until six (6) months after the effective date of this Ordinance. The City shall endeavor, but shall not be required, to schedule a hearing on a petition within ninety (90) days after submittal to the City of the petition and the proof(s) of service. A final decision on a petition shall be made within a reasonable time after the conclusion of the hearing.

19.40.060 Annual Rental Registration.
(a) Registration of Covered Rental Unit. On or before July 1 of each year, a Landlord shall register any Covered Rental Unit through the City’s designated rent registry portal, shall provide all required information, shall pay the required rent registry fees, and shall annually submit reports. To the extent that a Landlord has previously complied with the requirements of former Section 19.40.110 (Rent Registry), the Landlord shall on or before July 1, 2024, update the registration previously completed pursuant to former Section 19.40.110 to comply with the requirements of this Chapter.

(b) Rent Registry Fees. A Landlord shall pay the required rent registry fees as set forth in the City Council adopted Resolution Establishing Fees and Charges for Various Municipal Services.

The fees will be used to finance the cost of the rent registry and implementation and enforcement of this Chapter including, but not limited to, administrative time and costs, legal fees and costs, and any other expense incurred to implement, administer, or enforce this Chapter.

(c) Late Fees, Penalty For Late Payment; Penalty For Incomplete Or False Information.

Should a Landlord fail to pay all or a portion of the rent registry fees, or provide incomplete or false information, the City may recover the outstanding amounts, plus accrued interest, fines, and penalties, utilizing any remedies provided by law or in equity, including municipal tax lien procedures established by ordinance or State law. Such sums shall be calculated as set forth in the Resolution Establishing Fees and Charges for Various Municipal Services and applicable law, may be applied on a per-unit basis, and may be subject to adjustment by the City Attorney or Hearing Officer.

(d) Past Due Amounts. To the extent that a Landlord owes rental registry fees, accrued interest, fines, or penalties incurred prior to the effective date of this Ordinance, such amounts shall continue to be owed and continue to accrue. See also Sections 19.40.040(b) and

19.40.050(a)(2).

17 (e) Termination Notices. Within seven calendar days of serving a notice of termination on a Tenant, a Landlord shall submit a copy of such notice of termination through the City’s designated rent registry portal.

19.40.070 Just Cause for Eviction.
(a) This Section 19.40.070 shall apply to all Landlords and Tenants in Dwelling Units within the jurisdictional limits of the City, unless otherwise exempted by State law or the provisions of this Chapter.

(b) When terminating a Tenancy For Cause or No-Fault, a Landlord must comply with all of the following:

(1) The Landlord must serve a written notice, to the Tenant that, in addition to any information required by federal or State law, the Landlord will terminate the Tenant's Tenancy because of at least one For Cause or No-Fault reason and state the ground(s) for such termination as described in Section 19.40.070(c) and/or (d);

(2) The Landlord has not accepted and will not accept Rent or any other consideration in return for the continued use of the Covered Rental Unit beyond the term of the terminated Tenancy; and

(3) The Landlord qualifies the termination as For Cause or No-Fault, as specified in this Section 19.40.070.

(c) For Cause Termination of Tenancy. If a Landlord can show any of the following circumstances with respect to a termination of Tenancy in a Covered Rental Unit, the termination qualifies as a For Cause Termination:

(1) Default in the payment of Rent.

(2) A breach in the material term of the Rental Agreement, as described in paragraph (3) of Section 1161 of the Code of Civil Procedure, including, but not limited to, violation of a provision of the Rental Agreement after being issued a written notice to correct the violation.

(3) Maintaining, committing, or permitting the maintenance or commission of a nuisance as described in paragraph (4) of Section 1161 of the Code of Civil Procedure.

(4) Committing waste as described in paragraph (4) of Section 1161 of the Code of Civil Procedure.

(5) The Tenant had a written Rental Agreement, and after a written request or demand from the Landlord, the Tenant has refused to execute a written extension or renewal of the Rental Agreement for an additional term of similar duration with similar provisions, provided that those terms do not violate this Chapter or any other provision of law.

18 (6) Criminal activity by the Tenant in the Covered Rental Unit or on the Property, including any common areas, or any criminal activity or criminal threat, as defined in subdivision (a) of Section 422 of the Penal Code, or criminal activity by the Tenant on or off the Property that is directed at other Tenants or the Landlord.

(7) Assigning or subletting the Covered Rental Unit in violation of the Rental Agreement, as described in paragraph (4) of Section 1161 of the Code of Civil Procedure.

(8) The Tenant’s refusal to allow the Landlord to enter the Covered Rental Unit as authorized by Sections 1101.5 and 1954 of the Civil Code, and Sections 13113.7 and 17926.1 of the Health and Safety Code.

(9) Using the Covered Rental Unit or any portion of the Property for an unlawful purpose as described in paragraph (4) of Section 1161 of the Code of Civil Procedure.

(10) The employee, agent, or licensee’s failure to vacate after their termination as an employee, agent, or a licensee as described in paragraph (1) of Section 1161 of the Code of Civil Procedure.

(11) When the Tenant fails to deliver possession of the Covered Rental Unit after providing the Landlord written notice as provided in Section 1946 of the Civil Code of the Tenant’s intention to terminate the hiring of the Covered Rental Unit, or makes a written offer to surrender the Covered Rental Unit that is accepted in writing by the Landlord, but fails to deliver possession at the time specified in that written notice as described in paragraph (5) of Section 1161 of the Code of Civil Procedure.

(d) No-Fault Termination of Tenancy. If a Landlord can show any of the following circumstances with respect to a termination of Tenancy in a Covered Rental Unit, the termination qualifies as a No-Fault termination. See Section 19.40.070(e) for Right of Return provisions.

See Section 19.40.080 for Rental Assistance and Moving Stipend provisions.

(1) Owner Move Ins. Intent to occupy the Covered Rental Unit by the Landlord or the Landlord’s Family Member.

a. A Landlord may not terminate a Tenancy based on intent to occupy the Covered Rental Unit by the Landlord or the Landlord’s Family Member if the intended occupant already occupies a Dwelling Unit on the Property or if a vacancy of a similar Dwelling Unit already exists at the Property.

b. The written notice terminating a Tenancy pursuant to this subparagraph shall contain the name or names and relationship to the Landlord of the intended occupant. The written notice shall additionally include notification that the Tenant may request proof that the intended occupant is a Landlord or the Landlord’s Family Member. The proof shall be provided upon request and may include an operating agreement and other non-public documents.

19 c. This subparagraph (1) only applies if the intended occupant moves into the Covered Rental Unit within ninety (90) days after the Tenant vacates and occupies the Covered Rental Unit as a primary residence for at least twenty-four (24) consecutive months. If the intended occupant moves into the Covered Rental Unit within ninety (90) days after the Tenant vacates, but before having occupied the Covered Rental Unit as a primary residence for twenty-four (24) months as required herein, and suffers a serious disability, becomes terminally ill, or suffers some other significant hardship (each, a “Significant Hardship”) requiring the intended occupant to vacate the Covered Rental Unit, this will not be considered a failure to comply with this Section.

d. A Landlord shall only be allowed to terminate a Tenancy pursuant to this Subsection 19.40.070(d)(1) if the Landlord meets one of the following:

(i) is a natural person that has at least 25 percent recorded ownership interest in the Property;

(ii) is a natural person who has any recorded ownership interest in the Property if one hundred percent (100%) of the recorded ownership interest is divided among owners who are related to each other as sibling, spouse, domestic partner, child, parent, grandparent, or grandchild; or

(iii) is a natural person whose recorded interest in the Property is owned through a limited liability company or partnership.

e. Owner Move-In Protections for Senior, Disabled, and Terminally Ill Tenants. A Landlord may not evict a Tenant in order to occupy the Covered Rental Unit by the Landlord or the Landlord’s Family Member, if the Tenant has resided in the Dwelling Unit for at least three years and is either a Senior Tenant, a Disabled Tenant, or a Terminally Ill Tenant, unless the Landlord or Landlord’s Family Member who will occupy the Covered Rental Unit is either a Senior Tenant, a Disabled Tenant, or a Terminally Ill Tenant, and no other Covered Rental Units are available at the Property.

f. As used in this Subsection 19.40.070(d)(1):

(i) “Natural person” includes any of the following:
(a) a natural person who is a settlor or beneficiary of a family trust; or
(b) if the Property is owned by a limited liability company or partnership, a natural person with a 25-percent ownership interest in the Property.

20 (ii) “Family trust” shall mean a revocable living trust or irrevocable trust in which the settlors and beneficiaries of the trust are persons who are related to each other as sibling, spouse, domestic partner, child, parent, grandparent, or grandchild.

(2) Ellis Act Evictions. Withdrawal of all Accommodations at the Property from the rental market is subject to the following conditions and requirements pursuant to the Ellis Act:

a. Landlord complies with all provisions of the Ellis Act, unless otherwise indicated in Section 19.40.070(d)(2).

b. Not less than one hundred twenty (120) days from the date the Landlord intends to withdraw the Accommodations, and after completion of all required proceedings, if any, the Landlord shall provide written notice of termination of Tenancy to all affected Tenants.

c. Landlord's notice to all affected Tenants shall contain the following information:

(i) That the Landlord is evicting the Tenant pursuant to this Section

19.40.070(d)(2);

(ii) That within thirty (30) days of receipt of notice to terminate, the Tenant may notify the Landlord in writing that the Tenant would be interested in re-renting the Covered Rental Unit if any of the Covered Rental Units are re-offered for rent at a future time and advising the Tenant to notify the Landlord of future address changes;

(iii) A general description of the Tenant's rights to relocation assistance and any other rights set forth in this Chapter and the Ellis Act (relocation assistance and any additional special assistance shall be paid in accordance with Section 19.40.080);

(iv) Any other information required pursuant to Civil Code Sections 7060.4 and

(v) A self-addressed stamped postcard on which the Tenant may indicate, under penalty of perjury, whether they or another Tenant in the Covered Dwelling Unit are a Disabled Tenant or Senior Tenant.

d. A Senior Tenant or a Disabled Tenant who has resided in the Covered Rental Unit for at least one (1) year prior to the Landlord's notice of intent to withdraw the Covered Rental Unit in a Property from the residential rental market, and after receiving one hundred twenty (120) days written notice, may within sixty (60) days of receipt of the written notice of termination submit a written notice to the Landlord of Tenant’s status as a Senior or Disabled Tenant,

21 in which event the notice of termination shall be extended to one year from the date of delivery of the notice pursuant to 19.40.070(d)(2)(c).

e. To the fullest extent permitted by law, the City adopts all tenant protections authorized by the State legislature in the following provisions of the Ellis Act: California Government Code Sections 7060.2, 7060.3, 7060.4, 7060.6, and this subdivision shall be interpreted to implement all available tenant protections in the aforementioned sections of the Government Code, as they exist as of the effective date of this Chapter. See also Section 19.40.070(e)(2) for Ellis Act right of return provisions. See Section 19.40.120(a)(3) for Ellis Act remedies, including exemplary damages.

f. Recordation of Notice:

(i) The City shall prepare a form notice consistent with Government Code Section 7060.3, and which shall specifically describe the Property where the Covered Rental Units are located, the dates applicable to the constraints and the name of the owner of record of the Property.

(ii) Any Landlord withdrawing a Property containing Covered Rental Units from the rental market shall complete such notice and shall serve such notice on the City concurrent with providing notice to the Tenants of the Landlord's intent to withdraw the Covered Rental Units from the residential rental market. The notice shall be executed by the fee owner(s) of the Property, and all such signatures shall be duly notarized.

(iii) City shall record the notice with the County Recorder. Such notice encumbers the Property for ten (10) years from the date the Accommodations are withdrawn from rent or lease.

(3) Government Orders. The Landlord is complying with any of the following:

a. An order issued by a government agency or court relating to habitability that necessitates vacating the Covered Rental Unit; or

b. An order issued by a government agency or court to vacate the Covered Rental Unit; or

c. A local ordinance that necessitates vacating the Covered Rental Unit.

(4) Intent to Demolish/Substantially Remodel. Intent to demolish or to Substantially Remodel the Covered Rental Unit.

a. For purposes of this subparagraph, a Tenant is not required to vacate the Covered Rental Unit on any days where a Tenant could continue living in the

22 Covered Rental Unit without violating health, safety, and habitability codes and laws.

b. In order to terminate a Tenancy based on intent to demolish or to Substantially Remodel the Covered Rental Unit pursuant to this subparagraph, a Landlord must provide the Tenant with written notice pursuant to Civil Code Section 1946.1 which notice shall be in no less than 12-point type, shall be in English and Spanish and include all of the following information:

(i) A statement informing the Tenant of the Landlord’s intent to demolish the Property or Substantially Remodel the Covered Rental Unit or Property.

(ii) The following statement: “If the substantial remodel of your unit or demolition of the property as described in this notice of termination is not commenced or completed, the Landlord must offer you the opportunity to re-rent your unit with a rental agreement containing the same terms as your most recent rental agreement with the Landlord at the rental rate that was in effect at the time you vacated. You must notify the Landlord within thirty (30) days of receipt of the offer to re-rent of your acceptance or rejection of the offer, and, if accepted, you must reoccupy the unit within thirty (30) days of notifying the Landlord of your acceptance of the offer.”

(iii) A description of the Substantial Remodel to be completed, the approximate expected duration of the Substantial Remodel, or if the Property is to be demolished, the expected date by which the Property will be demolished, together with one of the following:

(a) A copy of the permit or permits (or a written commitment from the applicable governmental agency that such permits are ready to be issued subject only to conditions requiring the Property or Covered Rental Unit to be vacant) required to undertake the Substantial Remodel or demolition; or

(b) If the notice is issued to abate hazardous materials and the remodel does not require any permit, a copy of the signed contract with the contractor hired by the Landlord to complete the Substantial Remodel, that reasonably details the work that will be undertaken to abate the hazardous materials.

(iv) A notification that the Tenant has the right to return to the Covered Rental Unit upon completion of the Substantial Remodel at the same Rent and the same lease terms subject to any Lawful Rent Increases.

23 (e) Tenant's Right of First Return to a Covered Rental Unit; Rent Upon Return.

(1) Owner Move In Right of Return. If the intended occupant fails to occupy the Covered Rental Unit within ninety (90) days after the Tenant vacates, or if the intended occupant fails to occupy the Covered Rental Unit as their primary residence for at least _twenty-four (24) consecutive months absent a Significant Hardship as provided in Section 19.40.070(d)(1)c. above, and if Tenant re-occupies such Covered Rental Unit, Landlord shall reimburse the Tenant for reasonable moving expenses incurred. Such payment shall be in addition to any relocation assistance that was paid to the Tenant in connection with the termination notice. To the extent permitted by State law, for a new Tenancy commenced during the time periods described in this Section 19.40.070(e)(1), the Covered Rental Unit shall be offered and rented or leased at the Lawful Rent in effect at the time any notice of termination of Tenancy is served, subject to any Lawful Rent Increases.

(2) Ellis Act Right of Return.

a. If within two (2) years after withdrawing a Covered Rental Unit from the rental market pursuant to Section 19.40 070(d)(2) a Landlord offers for Rent such Covered Rental Unit, in addition to any right of return that the Tenant may have pursuant to this Chapter, the Landlord shall be liable to the Tenant who was displaced from the Covered Rental Unit actual and exemplary damages provided the Tenant brings an action against the Landlord within three (3) years of the withdrawal of the Covered Rental Unit from the rental market.

b. Return Within Five (5) Years. A Tenant of a Covered Rental Unit whose Tenancy was terminated in accordance with Section 19.40.070(d)(2) is entitled to receive notice of the first right to return to the same Covered Rental Unit at the Rent previously charged for the Covered Rental Unit, subject to any Lawful Rent Increases, and subject to the Rental Agreement terms in effect at the time the Tenant vacated. A Tenant may return to the Covered Rental Unit if:

(i) The Tenant has provided the Landlord a current mailing address and/or email address and keeps those addresses updated, at which to receive notice from Landlord that Covered Rental Unit is available; and

(ii) The Landlord returns the Covered Rental Unit to the residential rental market within five (5) years after the effective date of withdrawal of a Property containing the Covered Rental Unit from the residential rental market.

c. Return Within Ten (10) Years. A Landlord of a Property containing a Covered Rental Unit that was withdrawn from the residential rental market within the previous ten (10) years must provide one hundred twenty (120) days written notice to the previous Tenants of the Landlord's intent to return the Covered Rental Unit to the residential rental market.

24 d. Any Tenant displaced from a Covered Rental Unit in connection with the withdrawal of a Property containing a Covered Rental Unit from the residential rental market may request the first right of return from the Landlord within thirty (30) days of receipt of a Landlord's written notice of intent to return the Covered Rental Unit to the residential rental market.

(3) Government Order Right of Return. The Landlord must give advance notice to the Tenant of the Tenant’s right to reoccupy the Covered Rental Unit if and when the Covered Rental Unit is found to be in compliance with the order. The Tenant shall notify the Landlord, in writing, within thirty (30) days after the receipt of such notice of the Tenant’s interest to reoccupy the Covered Rental Unit and shall provide the Landlord with their contact information.

(4) Substantial Remodel Right of Return. Tenant shall have the right to return to the Covered Rental Unit upon completion of the Substantial Remodel. The Tenant shall notify the Landlord, in writing, within thirty (30) days after the receipt of such notice of the Tenant’s interest to reoccupy the Covered Rental Unit and shall provide the Landlord with their contact information.

(5) Rent Upon Return. In each such instance, the Landlord shall offer and Tenant shall have the right return to the same Covered Rental Unit at the Rent previously charged for the Covered Rental Unit, subject to any Lawful Rent Increases, and subject to the Rental Agreement terms in effect at the time the Tenant vacated.

(f) School Year Evictions.

(1) It shall be a defense to a no-fault eviction if a School-Aged Child resides in the Covered Rental Unit, if the effective date of the notice of termination of Tenancy falls during the School Year.
(2) Within thirty (30) days of service of the notice of termination of Tenancy, the Tenant must submit a statement with supporting evidence to the Landlord if the Tenant claims to have a School-Aged Child residing in the Covered Dwelling Unit; this information is required in addition to Tenant’s return of the postcard referenced in Section 19.40.080(a)(1). The notice of termination of Tenancy shall contain a warning that a Tenant’s failure to submit such statement within thirty (30) days of receipt of the notice shall be deemed an admission that the Tenant is not protected from eviction pursuant to this Section 19.40.070(f). (3) A Landlord may challenge a Tenant’s claim of protected status pursuant to this Section 19.40.070(f) through commencement of the eviction proceeding.

19.40.080 Relocation Assistance For No-Fault Termination Of Tenancy; Moving Stipend.
(a) Relocation Assistance for No-Fault Terminations.

25 (1) For a Tenancy for which just cause is required to terminate the Tenancy under Section 19.40.070, if a Landlord issues a termination notice for a no-fault reason the Landlord shall, regardless of the Tenant’s income, assist the Tenant to relocate by providing a direct payment to the Tenant as described in Subsection (a)(3), below, and (except to the extent prohibited by applicable law) the Landlord shall notify the Tenant in writing of the Tenant’s right to relocation assistance at the time the Landlord issues the notice of termination. Each termination notice shall be accompanied by a self-addressed stamped postcard (in a format approved by the City) on which the Tenant may indicate, under penalty of perjury, whether they or another Tenant in the Covered Dwelling Unit are a Protected Tenant and under which category (i.e., Lower-Income Tenant, Disabled Tenant, Senior Tenant, Terminally Ill Tenant, School-Aged Child/ren) they claim Protected Tenant status.

(2) Permanent Relocations. When relocation assistance is required by this Section

19.40.080(a)(2) to Tenants who are evicted pursuant to Section 19.40.070(d), the Landlord must make relocation assistance payments as follows:

a. Non-Protected Tenant Relocation Assistance. If the Tenancy is terminated pursuant to Section 19.40.070(d)(1)-(3) (i.e. Owner Move-Ins, Ellis Act Evictions, Governmental Orders), or pursuant to Section 19.040.070(d)(4) (i.e.

Intent to Demolish/Substantially Remodel) with the intent to demolish the Covered Rental Unit, the Landlord shall pay to the Tenant relocation assistance in the amount of three times the HUD FMR Rent for the most similar unit type based on the number of bedrooms plus the Moving Stipend. Such payment shall be calculated on a per-Covered Dwelling Unit basis, without reference to the number of Tenants in the Covered Dwelling Unit.

b. Protected Tenant Relocation Assistance. If one of the Tenants living in the Covered Rental Unit from which the Tenants are displaced is a Protected Tenant, then all Tenants living in the Covered Rental Unit are collectively entitled to receive supplemental relocation assistance in the amount of one additional month of the applicable HUD FMR Rent. Such payment shall be calculated on a per-Covered Dwelling Unit basis, without reference to the number of Tenants and Protected Tenants in the Covered Dwelling Unit.

c. Single Family Home/Condominium Relocation Assistance.

Notwithstanding anything in this Section19.40.020(a)(2) (Permanent Relocations) to the contrary, in the case of any Dwelling Unit that is alienable separate (i.e., separately transferrable) from the title to any other Dwelling Unit, or is a subdivided interest in a subdivision, as specified in California Business and Professions Code Section 11004.5(b), (d), or (f), including without limitation single family residences and condominiums, but excluding mobile homes offered for rent, the Landlord shall pay to the Tenant relocation assistance in the amount of two (2) months of the Tenant’s then-current Rent plus a Moving Stipend in the amount of $2,000.

26 d. Payment Process. For permanent relocation assistance, the Landlord shall provide one-half of the relocation assistance owed to the Tenant within 15 calendar days of service of the notice of termination. The remaining relocation assistance shall be paid to the Tenant in cash no later than the date the Tenant vacates the Covered Rental Unit.

e. Moving Stipend. The Landlord shall pay to Tenant the amount of $3,000 (“Moving Stipend”), which shall be paid to the Tenant in cash no later than the date the Tenant vacates the Covered Rental Unit. Such payment shall be calculated on a per-Covered Dwelling Unit basis, without reference to the number of Tenants in the Covered Dwelling Unit.

f. Refund of Security Deposit. A Landlord must refund to the Tenant any security deposit paid by the Tenant. A Landlord may withhold any properly itemized deductions from the security deposit in accordance with California Civil Code Section 1950.5.

(3) Temporary Relocations. A Landlord must pay temporary relocation assistance to Tenants of a Covered Rental Unit who are temporarily displaced due to Substantial Remodel of Covered Rental Unit:

a. Thirty (30) Days or Fewer. A Landlord must provide the Tenant a per diem payment if the Tenant will be temporarily displaced for thirty (30) days or fewer. The Landlord shall pay to the Tenant the full amount of the per diem payment when the Tenant temporarily vacates the Covered Rental Unit.

b. Thirty-One (31) Days or More. A Landlord must provide the Tenant either a per diem payment or, at the Landlord’s election, comparable or superior temporary housing, if available.

c. Duration Extended. In the event the duration of the temporary relocation is longer than anticipated, the Landlord shall continue to pay to the Tenant the per diem relocation assistance payments on a weekly basis or continue to provide the Tenant with the comparable or superior temporary housing until the Tenant is able to return to the Covered Rental Unit.

d. Per-Diem Amount. The per diem payment amount shall be based on the Federal General Services Administration per diem rate for lodging and meals (M&IE total) in Concord, Contra Costa County, which is updated on a yearly basis. Per diem payments for meal shall be on a per Tenant basis. Per diem payments for lodging shall be on a per-Covered Dwelling Unit basis assuming a household size of four.

e. Rent Due. For temporary relocation assistance where the Landlord is providing comparable or superior temporary housing or making a per diem

27 payment, the Tenant shall continue to pay the Lawful Rent to the Landlord for the Covered Rental Unit.

f. Refund of Security Deposit. A Landlord shall not be required refund to the Tenant any security deposit paid by the Tenant in connection with a temporary relocation.

g. The phrase “comparable or superior” when used in connection with a Dwelling Unit or temporary housing shall mean a Dwelling Unit or temporary housing that is similar in size or larger, has the same number of bedrooms or additional bedrooms, is located in the City, has similar amenities as the Covered Rental Unit, such as parking, laundry facilities or exercise facilities, allows pets if the displaced Tenant has a pet, and as to a Disabled Tenant, is disability accessible and ADA compliant. The Tenant, in the Tenant’s reasonable discretion may waive any of these factors in deciding whether the Dwelling Unit or temporary housing offered is comparable or superior.

(b) No Waiver. In the event the Tenant accepts an offer to temporarily or permanently move to an available comparable or superior vacant Dwelling Unit owned by the Landlord at the same Rent, the Tenant shall not be entitled to relocation assistance pursuant to Section 19.40.080 herein, but shall be eligible for the Moving Stipend. Except as expressly provided in this Subsection 19.40.080(b), a Tenant cannot waive their right to receive relocation assistance required by this Chapter.

(c) Coordination With Other Relocation Benefits . If a Tenant receives, as part of the termination of Tenancy, relocation assistance pursuant to the California Relocation Assistance Act (Government Code Sections 7260-7277), then the amount of that relocation assistance shall operate as a credit against any relocation assistance to be paid to the Tenant under this Section

19.40.070.

19.40.090 Requirement to Offer Written Lease; Minimum Lease Terms. Tenants shall have the right to written leases and minimum lease terms, as provided herein. (a) One-Year Lease Term. If a prospective Tenant wishes to rent a Dwelling Unit from a Landlord and if said Landlord wishes to rent said Dwelling Unit to said prospective Tenant, the Landlord must offer to the prospective Tenant a written lease which has a minimum term of one year. Such offer must be made in writing. If the prospective Tenant accepts the offer of a written lease which has a minimum term of one year, this acceptance must be in writing. Signing a lease which has a minimum term of one year will be considered an offer if signed by the Landlord, and an acceptance if countersigned by the prospective Tenant. If the prospective Tenant rejects the offer for a written lease which has a minimum term of one year, such rejection must be in writing.

(b) Six-Month Lease Term. If the prospective Tenant rejects the offer for a written lease which has a minimum term of one year as provided in Section 19.40.090(a), but the prospective Tenant continues to wish to rent said Dwelling Unit from said Landlord, said Landlord must

28 offer to said prospective Tenant a written lease which has a minimum term of six months. Such offer must be made in writing. If said prospective Tenant accepts the offer of a written lease which has a minimum term of six months, this acceptance must be in writing. Signing a lease which has a minimum term of six months will be considered an offer if signed by said Landlord, and an acceptance if countersigned by said prospective Tenant. If said prospective Tenant rejects the offer for a written lease which has a minimum term of six months, such rejection must be in writing.

(c) Shorter Term. If said prospective Tenant rejects the offer for a written lease which has a minimum term of six months as provided in Section 19.40.090(b), said Landlord and said prospective Tenant may then enter into a written lease that provides for a term of fewer than six months.

(d) Renewal of Lease. If both the Landlord and Tenant wish to continue the Tenancy, upon the expiration of a Rental Agreement which has a minimum term of one year or six months, a written Rental Agreement shall be offered again in accordance with the procedures set forth in Sections 19.40.090(a)-(c). The Landlord shall have no obligation to re-offer a Tenant a one-year or six-month lease term if the Tenant has previously rejected such offers in accordance with the procedures set forth in Sections 19.40.090(a)-(c), and has a Rental Agreement with a term of fewer than six months.

(e) Existing Tenancies. Any Tenant renting a Dwelling Unit may request a written lease with a minimum term of either one year or six months, provided such Tenant has not previously received a written notice of Rental Agreement violation pursuant to Code of Civil Procedure Section 1161 and such violation remains uncured. The Tenant shall do so via written notice to the Landlord. The Landlord shall, upon receipt of such notice, offer to said Tenant a written Rental Agreement on terms substantially similar to those of the existing rental arrangement (except as to length of term) in accordance with the procedures set forth in this Section

19.40.090, as applicable.

19.40.100 Notice of Tenant Rights.
(a) A Landlord subject to this Chapter shall provide notice to the Tenant as follows:

(1) For any Tenancy commenced or renewed on or after the effective date of this Ordinance, as an addendum to the Rental Agreement, or as a written notice signed by the Tenant, with a copy provided to the Tenant.

(2) For any Tenancy existing prior to the effective date of this Ordinance, by written notice to the Tenant no later than 180 days after the effective date of the Ordinance adopting this Chapter, or as an addendum to the Rental Agreement.

(b) The notification and Rental Agreement provision shall be in no less than 12-point type, shall be in English and Spanish, and shall include the following:

29 Concord law limits the amount your rent can be increased. See Chapter 19.40 of the Concord Municipal Code for more information. Concord law also provides that, a Landlord must provide a statement of cause in any notice to terminate a Tenancy. See Section 19.40 070 of the Concord Municipal Code for more information. In addition, City of Concord Municipal Code Sections 19.40.070(e) and 19.40.080 provide tenants evicted on a no-fault basis with the right to return to the Tenant’s original Covered Rental Unit if such Covered Rental Unit is returned to the market, and the right to relocation assistance and a moving stipend; see City of Concord Municipal Code Sections

19.40.070(e) and 19.40.080 for more information.

City of Concord Municipal Code Section 19.40.090 provides tenants with the right to written leases and minimum lease terms. Landlords must offer tenants the option to enter into a one (1) year written lease. If a tenant declines a one (1) year written lease, the landlord must offer that tenant the option to enter into a six (6) month written lease. It is the tenant’s choice whether or not to enter into such a written lease with a landlord. If tenant rejects the initial offers of a written lease with a minimum lease term of 12 or 6 months, the tenant and landlord may enter into a written lease with a term of fewer than 6 months. See City of Concord Municipal Code Section 19.40.090 for more information. (c) Manner. Landlords must provide the notice to Tenants in writing if the application and Rental Agreement are processed in writing, electronically if the application and/or Rental Agreement are processed electronically, or both if both methods are utilized. The provision of the notice shall be subject to Civil Code Section 1632.

19.40.110 Procedures and Guidelines.

The City Manager is hereby delegated the authority to promulgate procedures, regulations, and guidelines to aid in the implementation of this Chapter.

19.40.120 Remedies.
(a) Remedies and penalties.

(1) If a Landlord violates the terms of this Chapter, an aggrieved Tenant may institute a civil action for injunctive relief, actual, statutory, or direct money damages, and any other relief that the court deems appropriate, which shall include a civil penalty of no less than $2,000, and no more than $5,000, per violation, at the discretion of the court. If the aggrieved Tenant is a Senior Tenant or a Disabled Tenant, the court may award an additional civil penalty of up to $5,000 per violation, at the discretion of the court.

(2) Any person who violates, aids, abets, or incites another person to violate this Chapter is liable in a court action for each and every such offense for money damages of not less than three times actual damages suffered by an aggrieved Tenant (including damages for mental or emotional distress), or for minimum damages in the sum of $1,000, whichever is greater, and whatever other relief the court deems appropriate. In the case of an award of damages for mental

30 or emotional distress, said award shall only be tripled if the trier of fact finds that the defendant Landlord acted in knowing violation of or in reckless disregard of this Chapter.

(3) If within two (2) years after withdrawing a Covered Rental Unit from the rental market pursuant to Section 19.40 070(d)(2) a Landlord offers for Rent such Covered Rental Unit, in addition to any right of return that the Tenant may have pursuant to this Chapter, the Landlord shall be liable to the Tenant who was displaced from the Covered Rental Unit actual and exemplary damages provided the Tenant brings an action against the Landlord within three (3) years of the withdrawal of the Covered Rental Unit from the rental market.

(b) The court may award punitive damages in a proper case as set out in Civil Code Section 3294 and pursuant to the standards set forth in that code section or any successor thereto, but may not award both punitive damages and triple damages.

(c) The court shall award reasonable attorneys’ fees and costs to a Tenant who prevails in any such action. The court shall award reasonable attorneys’ fees and costs to a Landlord who prevails in any such action if the court determines that the Tenant’s action was frivolous.

(d) The remedies available under this Section 19.40.120 shall be in addition to any other existing remedies which may be available to the residential tenant under applicable federal, State, county, or local law.

(e) No administrative remedy need be exhausted prior to filing suit pursuant to this Chapter.

(f) Authorization of City Attorney to enforce the Ordinance. The City Attorney shall have the right and authority, but not the obligation, to enforce this Chapter, including bringing actions for injunctive relief, equitable relief, restitution, and/or penalties to ensure compliance with this Chapter.

(g) To the extent permitted by law, any violation of this Chapter shall be a defense to an unlawful detainer action.

19.40.130 Waiver Prohibited .

Any waiver of rights under this Chapter shall be void as contrary to public policy.

19.40.140 Severability.

If any section, subsection, sentence, clause or phrase of this Chapter is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this Chapter. The City Council declares that it would have adopted this Chapter and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more section, subsection, sentence, clause, or phrase be declared invalid.

From: Michael McDermott <[email protected]>
Sent: Monday, May 13, 2024 10:32 AM
To: City Clerk <[email protected]>; Hoffmeister, Laura <[email protected]>; Nakamura, Laura <[email protected]>; Birsan, Edi <[email protected]>; Aliano, Dominic <[email protected]>; Obringer, Carlyn <[email protected]>
Cc: Barone, Valerie <[email protected]>
Subject: 5/14 City Council Agenda Item 5A considering removing single family homes and condos from “Just Cause” regulations.

May 13, 2024
Mayor Birsan, City Council Members, City Manager and Staff:

The state legislature and virtually every city council in California with its own rent control ordinance has exempted individually owned single family homes and condos from rent control and “Just Cause” eviction rules. Why? Because this part of the rental market is not truly permanent and can easily be harmed if renting a home becomes too complicated, expensive, or puts the homeowner at risk of lawsuits.

Common sense tells us complicated and punitive restrictions against homeowners will result in more homes staying empty rather than being rented. Fewer rental homes available hurts renters. Obviously. Everyone loses except for the lawyers.

The council majority decision to include individually owned homes and condos in this extremely complicated, expensive, and lawsuit-prone ordinance needs to be reversed. You don’t need a ballot measure to do this. You can do it with another council vote. That is what I would recommend. The longer you wait to reverse this policy the more harm you are inflicting on homeowners and renters alike.

At the 9/12/23 council meeting when the inclusion of individually owned homes was discussed, misleading statements were made by tenant advocates about the nature of single family rental ownership. One council member actually said she would rather be on the side of thousands of tenants rather than “a few dozen landlords”. With the Benched Correspondence
Agenda Item No. 5.a
May 14, 2024

inclusion of individually owned homes, we are no longer dealing with “a few dozen landlords”. We now have affected a thousand or more individuals, most of whom own only one rental in Concord.

Tenant advocate organizations also incorrectly claimed most single family home rentals are now owned by large corporations or greedy out of town investors.

Although the majority of rental homes might be owned by people in other cities, most are not “greedy investors”. Many are former Concord homeowners who decided to rent their Concord home instead of selling.

I have 4 families on my block who have done that over the years. One moved to Pleasanton, another to Pleasant Hill, another to Texas (following their grandkids), and my neighbor across the street moved to Danville to be closer to work. I also have friends at church who have a rental in Concord as an important source of their retirement income. All of them are good people and have good tenants.

Someone suggested these individual homeowners simply go find a professional property manager and pay them a fee rather than managing it themselves. Good luck with that. I have spoken to professional property managers who are seriously thinking about avoiding Concord clients because of these complicated and expensive new rules. If you have a rental in Concord, you may soon be on your own whether you want to manage your rental or not.

Imposing complicated rules on large corporations with their own administrative staff and lawyers may not seem unreasonable. However, it is entirely unfair and unjust to impose these same rules on individuals who cannot afford attorneys, have no professional staff, and may be unable to understand the complicated “just cause” occupancy control rules. Many of these are retirees and have incomes lower than the people they are renting to!

Some professional tenant organizers have claimed most single family home rentals are owned by large corporations or greedy out of town investors. This is very misleading.

Consider the following 4 homeowner categories:
1) Corporate investors who purchased Concord homes
2) Individual investors who purchased Concord homes
3) Individual Concord homeowners who moved out of town and kept their previous home as a rental
4) Individual Concord homeowners who are renting their home temporarily while they live with family, are traveling for work, or are elderly and in nursing care.

The first two categories are relatively easy to identify through county records since a real estate transaction was recorded at time of sale with an owner address different from the property address. The third and fourth categories may not have had any county records updates, and I believe these last two categories represent a larger share of single family rental ownership. Using screening criteria like address differences or homeowner exemption status will miss many or most of these rentals! The only way to make sure every homeowner is informed of their new responsibilities and liabilities is to mail a notice out to every homeowner! If you keep these unfair rules in place, you simply must notify every Concord homeowner via first class mail using the address of the owner of record.

In my mind the worst part of the “just cause” regulations is not the excessive move-out charges. (I believe a month in rent and an extended 4 month notice requirement would be reasonable in no-fault situations.) The worst part is the failure of the regulations to recognize the sale of the home as a “just cause”. Incredibly, the regulations require the owner to sell the home with the tenant in it and require the new owner to

proceed with eviction. This makes a sale virtually impossible. No average buyer would purchase a home with that requirement and uncertainty. If the tenant happens to be in a protected class, even the new owner can’t take occupancy after purchase. This is craziness.

In conclusion, I would recommend your regulations be changed to follow the same exemption list found in the state law. No need for a ballot measure. Simply exempt all individually owned single family homes and condos. Work with the big corporate landlords who have the resources to manage and implement Concord-specific rent and eviction regulations.

Sincerely,
Mike McDermott
Concord, California

From: Mariana Moore <[email protected]>
Sent: Tuesday, May 14, 2024 1:41 PM
To: Birsan, Edi <[email protected]>; Hoffmeister, Laura <[email protected]>; Obringer, Carlyn <[email protected]>; Aliano, Dominic <[email protected]>; Nakamura, Laura <[email protected]>; City Clerk <[email protected]> Cc: [email protected]
Subject: Letter/public comment regarding tenant protections ordinance on tonight's Council agenda

Dear Concord City Council members and City Clerk,
Attached please find a letter from Ensuring Opportunity in support of the new tenant protections ordinance. We specifically urge the Council to maintain protections for single family residences and condos, and to be steadfast in maintaining your vision and leadership in implementing this policy as it was adopted.

Sincerely,
Mariana Moore

--
Mariana Moore, Senior Director
Ensuring Opportunity Campaign to End Poverty in Contra Costa P: (510) 234-1200, ext. 500
C: (707) 334-2477
E: [email protected]
M: c/o RCF Connects, 3260 Blume Drive, Suite 110, Richmond CA 94806 S: @endpovertycc
Pronouns: she/her/hers

building healthy, thriving, equitable communities

Ensuring Opportunity, c/o RCF Connects, 3260 Blume Dr., #110, Richmond CA 94806 (510) 234-1200  [email protected]
Ensuring Opportunity
Leadership Team

Jim Becker President & CEO
RCF Connects
Tamisha Walker, Executive Director
Safe Return Project
Mark Orcutt, CEO
East Bay Leadership Council
Marla Stuart, Director
Contra Costa Employment &
Human Services Dept.

Josh Anijar, Executive Director
Contra Costa Central Labor Council
Lavonna Martin, Deputy Director
Contra Costa Health Services Dept.

Christina Reich, Director
Contra Costa EHSD
Community Services Bureau
Doug Leich, Convener
Multi Faith ACTION Coalition
Parisa Esmaili, Executive Director
Community Financial Services
Stacey Street, COO
RCF Connects

Affiliations are listed for identification
purposes only.

May 14, 2014
TO: Concord City Council members:

Mayor Edi Birsan - [email protected]
Laura Hoffmeister - [email protected] Carlyn Obringer - [email protected]
Dominic Aliano - [email protected]
Laura Nakamura - [email protected]
cc: City Clerk - [email protected]

Dear Council members,
Ensuring Opportunity, a countywide initiative to end poverty in Contra Costa, stands in strong support with the residents of Concord who have democratically made their voices heard numerous times and need just cause protections. Challenging just cause protections for the more than 6,000 single family home properties in Concord puts thousands of families at risk of unjust evictions, displacement, and homelessness.

Councilmembers should not allow a small group of landlords and their corporate lobbyists to distract you from doing your job as city leaders – i.e., standing by your vote and being steadfast in your commitment to providing your constituents with needed protections.

Let's give this ordinance time to be implemented and then consider any necessary changes when the Council does the annual review of this ordinance. It makes much more sense to make changes based on the real experiences of residents, rather than on groundless and hypotheticals fears raised by those who put profits over people.

Thank you for your vote to protect our community’s residents from displacement and harm. We stand with you in upholding this thoughtful and equitable new policy.

Warm regards,

Mariana Moore, Senior Director, Ensuring Opportunity Campaign

From: Megan Nguyen <[email protected]>
Sent: Tuesday, May 14, 2024 2:52 PM
To: City Clerk <[email protected]>; Birsan, Edi <[email protected]>; Hoffmeister, Laura <[email protected]>; Obringer, Carlyn <[email protected]>; Aliano, Dominic <[email protected]>; Nakamura, Laura <[email protected]>
Subject: EBHO Comments on City Council Item 5a 5/14

Dear Concord City Council,

I am attaching a comment letter on behalf of EBHO regarding the discussion considering whether Just Cause protections for tenants of single-family homes and condos shall be placed before voters this fall.

EBHO strongly suggests the Council provide the adopted Ordinance No. 24-3 more time to be appropriately implemented and reviewed, rather than moving forward with a ballot measure initiative now. Given that the ordinance has been effective for a mere 25 days, more time is imperative for due process, and will better allow the Council to make any necessary changes after an annual review.

Moving forward with a ballot measure process will inefficiently take time and resources away from the Council and Concord community from addressing the affordability crisis at hand, and undermine the several years of advocacy from Concord renters, community-based organizations, and allies to pass these critical tenant protections.

Sincerely,
Megan Nguyen

--

Megan Nguyen
Policy Manager

EAST BAY HOUSING ORGANIZATIONS (EBHO)
[email protected]
8337-(510) 213
she/her/hers
Celebrating 40 years of housing justice advocacy
Visit our calendar of events for Affordable Housing Month!

May 14, 2024

To:

Mayor Edi Birsan
Vice-Mayor Carlyn Obringer
Councilmember Laura Nakamura
Councilmember Dominic Aliano
Councilmember Laura Hoffmeister

RE: Item 5a - Discussion for Placing Just Cause Protections for Single -Family Homes and Condominiums on the Ballot

Dear Concord City Councilmembers,

Thank you for the opportunity to comment on the disc ussion considering whether Just C ause protections for te nants of single -family homes and condos shall be placed before voters in the November 2024 election.

East Bay Housing Organizations (EBHO) is a nonprofit, membership -based organization working to produce, preserve, and protect affordable housing opportunities for low-income communities across Contra Costa and Alameda Counties. Many of our 400+ individual and organizational members live, work, or provide affordable homes in Concord.

Rather than moving forward with a Council -initiated ballot measure, EBHO stro ngly suggests the Council provide the adopted Ordinance No. 24 -3, to increase Just Cause Eviction Protections, establish a Rent Stabilization program, and expand the City’s Rent Registry more time to be appropriately implemented and reviewed , particularly since the ordinance has only been in effect for 25 days with the proposed and failed referendum. It is sensible and good governance to proceed with any necessary changes when the Council has the annual review of the ordinance, as previously proposed by the Mayor. This will enable the Council to make any necessary changes grounded in the real experiences of Concord residents and community members, rather than fear and speculation based on hypothetical situations that may or may not occur.

Agendizing this discussion is a regressive step that wil l inefficiently take time and resources away from the Council and Concord community from addressing the affordability cri sis at hand. This process also undermines the several years of advocacy by Concord renters and allies to pass these critical tenant protections.

The Concord community and allies have made clear to the Council over 8 years of advocacy the demonstrated need for tenant protections to prevent displacement, and homelessness, and keep Concord residents housed. This was especially evidenced in the past month, wi th the proposed referendum that failed to reach the amount of signatures. Moreover, initiating a ballot measure process is misguided and bad governance, at a time when renters and community advocates are starting to inform other Concord renters of these ne w rights. Vulnerable tenants and families, who are already cost-burdened, face uncertainty and are unable to move forward with their newly passed rights if the ordinance continues to be called into question.

If Concord leaders believe that tenants should have these protections, as demonstrated by the city’s Housing Element and four Councilmember’s votes for the ordinance, then the Council should not move forward to put just cause protections for single-family homes on the ballot this fall.

Just Cause protections for single-family residential homes and condos are a sensible and important part of maintaining safe, healthy, and stable homes for Concord residents. Including single-family rentals also directly addresses a contributing factor to the housing crisis - increased corporate ownership and exploitation of homes. Of more than 6,000 single-family rentals in Concord, two-thirds are owned by non -local investors. Concord renters in single -family homes have the same need for just cause protections to safeguard themse lves against unjust evictions, displacement, and homelessness.

We strongly urge the Council to give the ordinance time to be implemented and not move forward with a ballot measure process now. Provided that the ordinance has only been effective for 25 days, more time is imperative to judiciously take action, and Council should make any necessary changes following the annual review of the ordinance . This will only benefit the community and more effectively direct the Council’s time and resources to address the affordable housing crisis in Concord.

Sincerely,

Megan Nguyen
Policy Manager
East Bay Housing Organizations

Ordinance No. 24-3
Rent Stabilization and Just
Cause for Eviction
Single Family Homes and Condominiums

SOPHIA HUCKABAY , HOUSING MANAGER
MAY 14, 2024
1

Purpose
Considering direction to staff on allowing the voters to decide on the inclusion of single- family homes and
condominiums in Ordinance No. 24-3 (Rent Stabilization and Just Cause for Evictions), via a Council initiated ballot measure to be placed before the voters in the November
2024 election; alternatively, to provide direction to staff on a voter advisory ballot measure or a Council-driven
Ordinance amendment.
2

Recommended Action
Hear the report, take public testimony and provide direction to staff.

Note: if Council directs the drafting of a ballot measure, it would return to Council in June 2024 for consideration of pla
cement on the November ballot.
3

Background
 March 5, 2024 – adoption of new rent stabilization/just cause for eviction ordinance
 Ma rch 5, 2024 – Council directed staff to bring forward for their consideration the placement of the just cause
protections for single family homes/condos before voters in November
April 19, 2024 – t
he new Ordinance went into effect
4

Background
 R ented single family homes and condominiums are not
subject to the Rent Stabilization provisions of Ordinance No. 24-3
 A ll Just Cause provisions in the Ordinance apply to rented single family homes and condos
 Exception – s ingle family homes and condos pay a different relocation payment amount than other units covered under Just Cause protections.
5

Protections
within
Ordinance No.
24-3
Single Family
Homes and
Condos
• R equires approved “just cause reason”
for terminating tenancy
• R equires payment of permanent
relocation assistance and a moving
stipend (2 months of tenant’s current
rent + $2,000 moving stipend)
• N
o additional month’s rent for
protected tenants is required
• N o payment for temporary relocations
that result from the “no fault” eviction
of an intent to demolish/substantially
remodel the unit
6

Protections
within
Ordinance No.
24-3
Single Family
Homes and
Condos
• Owner Move-Ins: requires an owner to
move into the unit within 90 days of
tenant vacancy; owner must occupy for at
least 24 months thereafter
• Property owners required to record
n
otice that removes the single family
home from the rental market for 10 years
(Ellis Act)
• If tenant returns to unit following a “no
f
ault” eviction for an owner move-in, Ellis
Act, or a government order, tenant retains
the right to return at terms in effect at the
time of vacancy
• Requires r
ental property owners to
register with the City’s rent registry
annually
7

State Tenant Protection Act of 2019
(AB 1492) Amended by SB 567
8  Single family homes and condominiums are exempt if
certificate of occupancy received within previous 15 years  Single family homes and condominiums that are “alienable separate from the title to any other dwelling unit” are exempt, unless the owner is any of the following:
A real estate investment trust
A corporation
A limited liability company in which at least one member is a corporation

State Tenant Protection Act of 2019
(AB 1492) Amended by SB 567
9  State’s rent increase cap of 5% plus the Consumer Price Index (CPI), or 10%, whichever is less
 Just cause for eviction tenant protections requiring
property owner to have a “just cause” to terminate tenancy  Relocation assistance for “no fault” evictions in the amount of one month’s current rent

Resolution Calling for Election
 I f the City Council wishes to move forward with a ballot measure, staff will schedule a separate meeting in June for Council to consider a resolution for a proposed ballot
measure for the November election
Resolution will include the language being placed before t
he voters
10

Resolution Calling for Election
 Con tra Costa Elections Division must receive the request for the measure to be placed on the ballot no later than Friday, August 9, 2024
 I f the ballot measure passes, Council will be precluded from amending any aspects of the adopted Ordinance but
would instead need to approach the voters for approval
11

Alternative Actions
 Counc il may change some aspects of the Ordinance under its own authority
 Counc il may pursue an advisory, non-binding ballot
measure
12

Financial Impact
 Cos ts are determined by the Contra Costa County Elections Division
13

Questions?
14

Staff Report
Date: May 14, 2024
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kevin Marstall, PE, Director of Community Development Carlton Thompson, PE, City Engineer
Prepared by: Bernard Enrile, PE, CIP Manager
[email protected]
(925) 671-3031
Subject: Considering Proposed Two-Year Capital Budget and the 5- Year Capital Improvement Plan; and Receiving Draft 5-Year Pavement Maintenance Plan Update.

CEQA: Not a project under CEQA Guidelines Section
15060(c)(2), 15061(b)(3), 15262, and/or 15378.

Report in Brief
This report outlines several accomplishments related to the City of Concord (City) Capital Improvement Program over the past year and provides recommendations regarding a proposed Two-Year Capital Budget for Fiscal Years (FY) 2025 and 2026 and 5-Year Capital Improvement Plan FY 2025-2029. The Two-Year Capital Budget and 5-Year Capital Improvement Plan (CIP) will be before City Council (Council) for approval on June 25, 2024. Once approved, the City’s adopted CIP will guide the City’s schedule of budgeted infrastructure improvements over the next two years and planned improvements over the next five years, respectively.

The combined Two-Year Capital Budget is approximately $81.8 million and is primarily funded with a combination of Measure V (Debt Issuance and Revenue), Gas Tax (including SB 1), Measure J (Local + 28a), Enterprise funds (Storm Water, Sewer, Golf Course, and Pavilion), and Information Technology funds (including PEG). Additionally, staff anticipates receiving $22.6 million in grant funding; when received this grant funding will increase the budget amount for the Two-Year Capital Budget to

5.b5.b5.b5.b5.b5.b5.b5.b

City Council Agenda Report
Agenda Item No. 5.b
May 14, 2024
approximately $104.4 million. The Two-Year Capital Budget identifies 128 continuing projects, and proposes funding an additional 52 new projects.

Recommended Action
Council input on the proposed Two-Year Capital Budget and 5-Year Capital Improvement Plan and to receive an update on the 5-Year Pavement Maintenance Plan. Council will hold a public hearing on June 25, 2024, on the Two-Year Capital Budget for Fiscal Years 2025 and 2026, at which point staff will request it be adopted.

Background
Biennial budgeting allows the City to use its human resources efficiently by allocating resources between the General Fund budget and the Capital budget on alternate years.

As with the current Capital budget cycle, staff is incorporating an additional three-year forecast of future projects, which, together with the Two-Year Capital Budget, comprise the 5-Year Capital Improvement Plan.

The process of developing the Two-Year Capital Budget for Fiscal Years (FY) 2025 and 2026 (Two-Year Capital Budget) and 5-Year Capital Improvement Plan for FY 2025- 2029 (5-Year Capital Plan) begins at the departmental level, with each respective division identifying projects, which may have been identified by staff, the public, a commission, or Council. City staff (Staff) then evaluates and ranks the projects, considering the following criteria:
 How does the project implement one or more Council Initiatives?  Was the project previously funded in an approved CIP Budget?  Is the project needed to satisfy regulatory compliance issues?  Are their restricted funds included such as grants or enterprise funds?  Does the project implement any Complete Street policy goals?  Does the project help implement the City's Climate Action Plan?  Does the project conform to General Plan Principles?
 Has the project been identified through a Council approved plan? On April 4, 2024, the Measure V Committee received an Overview of Proposed use of Measure V Funds in the Proposed Two-Year Capital Budget and is in support of the staff recommended plan.

On April 17, 2024, the Planning Commission reviewed and found that the proposed Two-Year Capital Budget is in conformance with the City’s General Plan.

Lastly, in addition to the $81.8 million total for Council to appropriate as part of the Two- Year Capital Budget, Staff were successful, as in previous years, in their efforts to

City Council Agenda Report
Agenda Item No. 5.b
May 14, 2024
obtain grant funding, for which this past two years totals an additional $23.2 million in funding, and $22.6 million in funding projected to be receive in the next two years to supplement projects Citywide. This grant funding is in addition to the $81.8 million Council will be appropriating in the Two-Year Capital Budget and, once received, will raise the total investment to $104.4 million over the two years of the budget.

Analysis
This section of the report is divided into five categories: Accomplishments in Fiscal Year 2024, Continuing Projects – Previously Funded, Continuing Projects – Recommended for Funding, Newly Proposed Projects proposed for Fiscal Years 2025 and 2026 and Newly Proposed Projects proposed for the 5-Year Capital Improvement Plan. The detailed project information for each project can be reviewed in the CIP Budget Sheets (Attachment 1).

Accomplishments in Fiscal Year 2023-24
Over the past year, there have been numerous project accomplishments driven by the City’s current Two-Year Capital Budget, resulting in the completion of the following 30 projects:
 Oak Grove Road Pavement Rehabilitation – Phase 3 (PJ 2557) This project provided pavement rehabilitation on Oak Grove Road, from Treat Boulevard to Contra Costa Canal using Cold-in-Place Recycling method. With the completion of the third phase, the City repaved all of Oak Grove Road from one end to the other, including all intersections.
 Treat Blvd Pavement Rehabilitation - Phase 1 (PJ 2559) This project rehabilitated the pavement on Treat Boulevard from the Walnut Creek City Limits to San Miguel Road. The project also installed conduit and fiber optic lines to conform to the City’s 2018 Broadband Master Plan.  Senior Center Painting (PJ 2654)
This project repainted the exterior of the Senior Center Building extending its useful life.
 Council Chamber HVAC Replacement (PJ 2564)
This project replaced underground cooling/heating pipes, that run from Civic Center Wing C underground to the attic of the Council Chamber HVAC system.  Willow Pass Park Fitness Renovation (PJ 2523)
This project removed the existing underutilized and aged outdoor playground next to the pickle ball courts at Willow Pass Community Park by installing a comprehensive range of outdoor fitness equipment built to encourage exercise for all ages.
 Residential Pavement Maintenance Zone 5J (PJ 2526)
This project provided pavement maintenance to the residential neighborhood south of Hillcrest Community Park and north of Solano Way, between Hilltop

City Council Agenda Report
Agenda Item No. 5.b
May 14, 2024
Road and Knoll Drive. The project also included ADA curb ramp upgrades, new curb ramp bulb-outs, sidewalk gap closures, and the addition of a Class III bike route on Avon Avenue to provide connectivity from Solano Way to the trail connection at Hillcrest Community Park.
 Meadow Lane/Market Street Paving (PJ 2582)
This project provided pavement rehabilitation on Meadow Lane and Market Street between Willow Pass Road and Monument Boulevard. This included ADA curb ramp upgrades, conduit and fiber optic installations, traffic signal upgrades, and pedestrian safety upgrades. New Class II bike lanes were added to the corridor along with three rectangular rapid flashing beacon (RRFB) crossings to improve bicycle and pedestrian safety.
 Citywide Arterial & Collector Maintenance Project #2 (PJ 2527) This project provided pavement preventative maintenance on six (6) miles of arterial and collector streets including Concord Blvd, Port Chicago Hwy, Oak Grove Rd, Walters Wy, Pacheco St, and Pavement Maintenance Zone 5L (Almond Ave, Bacon St, Galindo St, Grant St, and Mt. Diablo St) by applying a slurry seal treatment.
 Corp Yard Slurry & Re-Stripe (PJ 2662)
This project provided pavement preventative maintenance at the City Corporation Yard by applying a slurry seal treatment.
 Bailey Road Crossing Enhancements (PJ 2601)
This project installed Rapid Rectangular Flashing Beacons (RRFBs), high- visibility crosswalks, and curb ramps along Bailey Road at Olive Drive and Limewood Drive.
 Centre Concord Carpet & Tile Replacement (PJ 2646)
This project replaced the carpet and tile at the Centre Concord Ballroom, Lobby, and Hallway which has reached the end of its service life.  Centre Concord Building Maintenance and Repair (PJ 2481) This project repaired the foundation due to settlement at the Centre Concord Activity Room and replaced the flooring.
 Monument Boulevard Class 1 Path (PJ 2455)
This project constructed a shared-use (bike and pedestrian) separated path along the east side of Monument Boulevard between Cowell Road/Oakmead Drive and Systron Drive/Walters Way, included intersection improvements at Monument Boulevard/Cowell Road and Monument Boulevard/Systron Drive, and added bio-retention and landscaping improvements within the project limits.

This project won American Public Works Association – NorCal Project of the Year Award for the category of Transportation Project over 5 million.

City Council Agenda Report
Agenda Item No. 5.b
May 14, 2024
 Downtown Corridors Bicycle and Pedestrian Improvement (PJ 2424) This project constructed various sidewalk improvements, aesthetic improvements, new street lighting and upgrades to existing street lighting, bicycle improvements, bio-retention, and traffic signal improvements along Broadway Street, Salvio Street, Grant Street, and Oak Street within the Downtown area.

This project completes all of the pedestrian/bicycle improvements proposed in the Downtown Corridors Plan adopted by Council in 2016.

This project won American Public Works Association – NorCal Project of the Year Award for the category of Transportation Project over 5 million.  Citywide Traffic Signals Upgrade (PJ 2493)
This project upgraded traffic signal equipment at 52 intersections Citywide; specific equipment upgrades include signal cabinets, signal controllers, pedestrian signal heads, pedestrian push buttons, and signal head back plates.

The project also programed leading pedestrian intervals for select intersections.  Citywide Accessibility Improvements #10 (PJ 2603)
This project constructed thirty-one (31) American with Disabilities Act (ADA) compliant curb ramps within two locations around the City. The locations or streets included in the project are Concord Community Park, Chalomar Road, Rockne Drive, and Risdon Road.
 Residential Pavement Maintenance Zone 1B (PJ 2516)
This project constructed pavement rehabilitation treatments in the Kirkwood Drive residential area south of the Concord Pavilion within Pavement Maintenance Zone 1B.
 Residential Pavement Maintenance Zone 2B & 2E (PJ 2517) This project constructed pavement rehabilitation treatments in a residential area north of Concord Boulevard in the Lynwood Drive and Crestwood Circle Neighborhoods in Pavement Maintenance Zone 2B, and also in the Bishop Estates Neighborhood in Pavement Maintenance Zone 2E.
 Residential Pavement Maintenance Zone 3B (PJ 2561)
This project constructed pavement rehabilitation treatments in a residential area east of Oak Grove Road in the Ygnacio Woods Neighborhood in Pavement Maintenance Zone 3B.
 Residential Pavement Maintenance Zone 4Q (PJ 2562)
This project constructed pavement rehabilitation treatments in a residential area in between Monument Boulevard and Detroit Avenue, and also the neighborhood near Marilyn Way, in Pavement Maintenance Zone 4Q.
 Residential Pavement Maintenance Zone 5L (PJ 2563)
This project constructed pavement rehabilitation treatments in a residential area West of Grant Street and East Street in the Gill Drive Neighborhood in Pavement Maintenance Zone 5L.

City Council Agenda Report
Agenda Item No. 5.b
May 14, 2024
 Grant St / East St Pavement Rehabilitation (PJ 2525)
This project provided pavement rehabilitation of Grant Street, from Broadmoor Way to High School Avenue, and East Street, from High School Avenue to Salvio Street. Work included installation of Class II bike lanes, fiber optic installation, restriping and signage.
 Kirker Pass Road Sewer Repairs (PJ 2536)
This project replaced 300 linear feet of failing sewer pipe on Kirker Pass Road near the intersection of Kirker Pass Road and Clayton Road.  Citywide Pothole and Base Repair (PJ 2593)
This project provided asphalt patch repairs and a 2-inch asphalt overlay on Willow Pass Road from Landana Drive to Avila Road, as well as asphalt patch repairs on Ygnacio Valley Road from Alberta Way to Clayton Road. Work also included adjusting utilities and monuments to grade, striping, signage, and replacing delineators, and installing shoulder backings.  Whitman Sanitary Sewer Repair (PJ 2513)
The project consists of upsizing the existing 8-inch diameter sanitary sewer main on Whitman Road at the intersection of Oak Grove Road to a 12-inch diameter pipe. In addition, the project included the construction of new sanitary sewer maintenance access holes to support the larger diameter pipes.

This project won American Public Works Association – NorCal Project of the Year Award for the category of Environmental Project less than 5 million.  Monument Boulevard Traffic Operation Fiber Improvements (PJ 2578) This project installed fiber optic interconnect on Monument Boulevard from Mohr Lane to Galindo Street, to allow seamless communication between signals on Monument Blvd, Willow Pass Rd and Clayton Rd, thereby allowing significant improvements to signal timing and vehicle detection systems.  Willow Pass Park Pedestrian Crossing (PJ 2634)
This project installed Rapid Rectangular Flashing Beacons (RRFBs), curb ramps to meet Americans with Disabilities Act (ADA) standards, and a mid-block high- visibility crosswalk to enhance pedestrian safety at Willow Pass Community Park.  Police Department Generator and Transfer Switch (PJ 2653) This project replaced the Police Department building generator and transfer switch that had reached the end of its service life.
 Citywide Protected Left-Turn Phasing (PJ 2575)
This project installed traffic signal equipment upgrades at 8 intersections citywide including signal cabinets, controllers, pedestrian signal heads, pedestrian push buttons and signal head back plates.

City Council Agenda Report
Agenda Item No. 5.b
May 14, 2024
 Hillcrest Park Regional Green Infrastructure (PJ 2512) This project retrofitted one of the City of Concord’s largest parks with storm water facilities to mitigate water quality impacts and to provide re-usable storm water.

The project included trash separator/baffle box units that will collect trash, debris, and sediment (with associated sediment-bound pollutants, such as PCBs and mercury) from surrounding areas, and a large area of underground detention chambers that will be used to capture storm water for re-use.

This project won American Public Works Association – NorCal Project of the Year Award for the category of Environmental Project over 5 million. This project also was nominated to compete in the American Public Works Association National Project of the Year Awards to be held in Atlanta in September 2024.

Continuing Projects – Previously Funded
As part of this Two-Year Capital Budget, there are many projects approved and funded as part of either the previous Two-Year Capital Budget or the Mid-Cycle Update that are continuing. A number of these projects have completed the design phase and are under construction or anticipated to be in the construction phase during this Two-Year Capital Budget. The detailed project information for each project can be reviewed in the CIP Budget Sheets (Attachment 1). As categorized below, there are 82 continuing, previously funded projects:
 Pavement Maintenance
2449 Willow Pass Road Repaving SR2T
2615 Alberta Way Pavement Rehabilitation
2626 Residential Pavement Maintenance – Zone 2L
2633 Citywide Bridge Preventative Maintenance Program - Phase 2 2581 Monument Boulevard Pavement Rehabilitation
2604 Cowell Road Pavement Maintenance
2607 Pavement Maintenance – Zone 4O
2608 Pavement Maintenance - Zones 5C & 5D
2606 Pavement Maintenance - Zone 1G and Ayers Road
2618 Pavement Maintenance - Zones 1E & 1F and Concord Boulevard 2612 Pavement Maintenance – Zone 3I
2614 Pavement Maintenance - Zone 1M
2622 Pavement Maintenance - Zone 4C
2625 Pavement Maintenance - Zone 1I
2623 Pavement Maintenance - Zone 3N
2559 Treat Blvd Pavement Rehabilitation Phase 2
2632 Citywide Bridge Repair Program - Group 2B
 Bicycle & Pedestrian/ADA Accessibility
2377 ADA Transition Plan Update
2696 HSIP Cycle 11 - RRFB Crossing Enhancements
2697 Citywide Bike Lane Enhancements

City Council Agenda Report
Agenda Item No. 5.b
May 14, 2024
2666 Citywide Sidewalk Repair Program
2457 East Downtown Concord PDA Access & Safe Routes to Transit Project 2572 Willow Pass Road Cycle Track (Federal)
 Stormwater Management
2518 Civic Center Greening
2629 BART Stormwater Green Infrastructure
2664 Blenheim Storm Project
 Sewer Infrastructure
2702 Willow Pass/Landana Sewer Capacity Improvements
2703 Aspen Sewer Capacity Improvements
2704 Landana Sewer Capacity Improvements
2705 Citywide Sewer Condition Assessment
 Buildings & Grounds Maintenance
2393 Willow Pass Recreation Center Trim
2429 Civic Center Roof Replacement
2479 Police Department Headquarters Roofing
2551 Golf Course Maintenance Building Fire
2553 Police Department HVAC Chiller Replacement
2565 Civic Center Benches Replacement
2568 Willow Pass Recreation Center Exterior Painting
2571 Police Department Air Handlers Replacement
2643 Concord Community Pool Family Changing Room
2645 Permanent Shade Structures for Pool Deck
2647 Concord Community Pool Bulkhead
2648 Transportation Offices and TMC at Corp Yard
2655 Police Department Headquarters Exterior Painting
2663 Loop Pond Trail
2533 Camp Concord Maintenance Repairs
2688 Todos Santos Fountain Repairs
 Transportation Infrastructure
2502 Arnold Industrial PL/SR 4 East Traffic Signal Installation 2652 Parking Garage Technology Solutions
2699 Countywide Smart Signal Project
2579 Clayton Road Traffic Operation Improvements - Phase 2 (Fiber) 2656 Treat Blvd Fiber (San Miguel to Clayton Rd)
2574 Citywide Traffic Signal Upgrade Phase 2
2695 Citywide Street and Safety Lighting
2698 Citywide Traffic Signal Upgrade Phase 2B
2701 ITS/Traffic Signal Modernization

City Council Agenda Report
Agenda Item No. 5.b
May 14, 2024
 Information Technology
2218 Citywide Technology Hardware and Software Replacement 2258 Replace Citywide Electronic Document Management System 2275 PCI Security - Replace Downtown Security Cameras
2398 Timecard System Software Replacement
2401 Point of Sale System Replacement
2403 Phase 1 CCTV Public Safety and Crime Prevention Technology 2413 Portable Sound System Replacement
2416 Broadcast A/V for Various Sites
2467 Automated AP Invoicing
2471 Electronic Signatures
2473 Emergency Operations Center Update
2474 PD-Key Card Building Access
2475 Online Police Reporting System
2476 PD-Staff Scheduling System
2487 Body Worn Cameras
2507 Police Department Building Rewire
2531 Fleet Asset and Fuel Management System
2468 Strategic Plan Implementation
2529 Enterprise Resource Planning (ERP) System Replacement 2638 Lighting & Camera Systems at Civic Center
2639 Motorola Radio EBRCS Encryption Upgrade
2641 License Plate Reading Camera System and Database Integrator 2642 Centre Concord Replacement Audio/Visual System
 Non-Categorized Projects
2111 Market Street Undergrounding
2522 Farm Bureau Phase 3 Pole Relocation
2714 Markham Bridge Repair
2715 Slope Failure Holbrook Creek
Continuing Projects – Recommended for Funding
Additionally, as part of this Two-Year Capital Budget, several continuing projects are being recommended for additional funding, variably for either design or construction as shown in Attachment 4. The detailed project information for each project can be reviewed in the CIP Budget Sheets (Attachment 1). As categorized below, there are 46 continuing projects which are being recommended for additional funding:
 Pavement Maintenance
2157 Pavement Holding Account
2452 Galindo Pavement Repair
2495 Pavement Update
2552 Citywide Pavement Maintenance
2609 Clayton Road Pavement Rehab

City Council Agenda Report
Agenda Item No. 5.b
May 14, 2024
2611 Pavement Maintenance Phase E (Zones 2H, 2Q)
2613 Pavement Maintenance Phase E (Zone 4L)
2616 Citywide Arterial and Collector Maintenance
2621 Pavement Maintenance Phase E (Zone 5H & 5M)
2624 Pavement Maintenance Phase E (Zone 2O)
2637 Contra Costa Blvd (City of Pleasant Hill)
 Stormwater Management
2494 Commercial Circle Storm Drain
 Sewer Infrastructure
2208 Citywide Sewer Condition Assessment Study
2244 Citywide Sewer Lateral Replacement Program
2451 Concord BART Sewer Improvements
2598 Concord Boulevard Sewer Improvements
 Buildings & Grounds Maintenance
2353 Newhall Park Dredging
2341 Citywide Sidewalk Replacement Program
2532 Golf Course Bridges
2409 Concord Pavilion - City Capital Expenditure Contribution Requirement 2478 Golf Course Maintenance and Safety Needs
2635 Meadow Homes Restroom Replacement
2657 Senior Center Boiler Replacement
2644 Willow Pass Community Interior Modernization
2659 Corp Yard Admin Roof
2661 Willow Pass Community HVAC
 Transportation Infrastructure
2462 Replace Controller/Cabinet/VDS
2464 Traffic Safety and Traffic Calming Program
2508 Citywide Signal Retiming
2537 Citywide Traffic Monitoring
2573 Innovate Transportation Program
2649 Citywide Streetlight Upgrade and Routine Maintenance 2651 Citywide Traffic Signal LED Replacement
 Bicycle & Pedestrian/ADA Accessibility
2524 West Concord Bikeways - Phase 2
2539 School Safety Assessment Program
2605 David Avenue Bicycle Improvements
2617 Court Lane Bicycle Improvements
2619 Salvio Street Bikeway Improvements - Phase 2
2627 Council Chambers ADA Upgrades

City Council Agenda Report
Agenda Item No. 5.b
May 14, 2024
2665 Citywide Battery Backup Replacement
2712 Sun Terrace Elementary School Crossing Enhancements 2717 Village Rd/Cowell Rd Crossing Improvements
 Non-Categorized Projects
2257 General Plan Update
2541 OSIP Update
2577 Transportation Grants Administration/Local Match
2628 Market Street Undergrounding Phase 2
Newly Proposed Projects proposed for Fiscal Years 2025 and 2026 Many new projects are recommended in the proposed Two-Year Capital Budget and a summary of funding information for these proposed projects, in addition to continuing projects to be funded as described above, is included as Attachment 4 to this report.

The detailed project information for each project can be reviewed in the CIP Budget Sheets (Attachment 1). As categorized below, there are 52 newly proposed projects, which are being recommended for funding.
 Pavement Maintenance
ENG-25-02 Farm Bureau Road Pavement Rehabilitation - Phase 3 ENG-25-03 Diamond Boulevard Pavement Rehabilitation
ENG-25-13 Street Maintenance Project No. 1
ENG-25-14 Street Maintenance Project No. 2
ENG-25-28 Residential Pavement Maintenance No. 1
ENG-25-29 Residential Pavement Maintenance No. 2
PW-25-001 Concord Avenue Asphalt Paving Rehabilitation
 Bicycle & Pedestrian/ADA Accessibility
ENG-25-01 Citywide Accessibility Improvements No. 11
ENG-25-04 Citywide Accessibility Improvements No. 12
 Stormwater Management
PW-25-002 On-going Storm Drain Maintenance Lining Repair PW-25-003 Daffodil Way Concrete V-Ditch Replacement
ENG-25-09 Storm Drain Master Plan
 Sewer Infrastructure
ENG-25-07 Clayton Valley Highlands Sanitary Sewer Repairs ENG-25-08 David Avenue Area Sanitary Sewer Repairs
ENG-25-10 Sewer Assessment and Replacement - Project 1
ENG-25-11 Sewer Assessment and Replacement - Project 2
ENG-25-12 Sewer Assessment and Replacement - Project 3
ENG-25-27 Sewer Assessment and Replacement - Project 4
PW-25-037 Willow Pass Center Sewer Lateral Replacement

City Council Agenda Report
Agenda Item No. 5.b
May 14, 2024
ENG-25-26 Marsh Creek Sewer Capacity Improvements
 Buildings & Grounds Maintenance
PW-25-007 PD Boiler Replacements
PW-25-008 PD Chilled Water Circulations
PW-25-009 PD HVAC VAV & Fan Coils PM and Replacements
PW-25-018 City-Wide Tennis Court Maintenance
PW-25-020 City Tree Maintenance
PW-25-021 Citywide Median Maintenance and Refurbishment PW-25-022 Citywide Tree Planting and Replacement
PW-25-026 Citywide Irrigation Pump Replacement
PW-25-027 Citywide Park Recreation Asset Replacement Program PW-25-028 Playground Replacements
PW-25-029 Ellis Lake Park Restoration
PW-25-030 Meadow Homes Park Renovation
PW-25-032 Concord Parking Garage Elevator Damage Repair PW-25-033 City Garage Electrification Maintenance Retrofit PW-25-034 Don Fernando Pacheco Adobe Restoration
RS-25-001 Centre Concord Restroom and Lighting Modernization RS-25-002 Centre Concord Exterior Beautification
RS-25-003 Baldwin Park Preschool Outdoor Enclosure and Resurfacing RS-25-007 Baldwin Park Dance Studio/Bathroom Reconfiguration RS-25-009 Recreational Facilities and Pool Building Key Card Access Systems RS-25-010 Willow Pass Community Courtyard and Patio Refurbishment RS-25-012 Water Bottle Hydration Fill Stations at Recreation Facilities RS-25-014 Camp Concord Lower Camp Bath House Roof Replacement & Cabin Flooring
RS-25-015 Camp Concord Staff Cabin Upgrades.

RS-25-016 Camp Concord Dining Hall Improvements and Equipment Replacement
RS-25-017 Camp Concord Underground Electrical Lines
 Transportation Infrastructure
TRA-25-001 Oak Grove Fiber from YVHS Driveway to Monument TRA-25-002 City of Concord SS4A Safety Action Plan
TRA-25-011 Adaptive Traffic Control on WPR from Landana to Sun Valley Dr  Non-Categorized Projects
PW-25-017 Parks Maintenance Management Plan
PW-25-031 Citywide Trails Master Plan Update
RS-25-008 Pavilion Condition Assessment

City Council Agenda Report
Agenda Item No. 5.b
May 14, 2024
Newly Proposed Projects in the 5-Year Capital Improvement Plan Additional new projects are recommended in the proposed 5-Year Capital Plan and a summary of future funding estimates for these proposed projects is included (as Attachment 4) to this report. The projects listed below are not proposed to be funded as part of this Two-Year Capital Budget, however, are shown in the 5-Year Capital Improvement Plan to help with future planning and projections. The detailed project information for each project can be reviewed in the CIP Budget Sheets (Attachment 1).

As categorized below, there are 28 newly proposed projects, which are being recommended for the 5-Year Capital Plan.
 Pavement Maintenance
PW-25-038 Grinder and Paver Purchase
 Bicycle & Pedestrian/ADA Accessibility
ENG-25-05 Citywide Accessibility Improvements No. 13
ENG-25-31 Citywide Accessibility Improvements No. 14
ENG-25-32 Citywide Accessibility Improvements No. 15
ENG-25-30 Concord Boulevard Mount Diablo Creek Trail Connection  Stormwater Management
ENG-25-15 Stormwater Pipe Replacement- Area 1
ENG-25-16 Stormwater Pipe Replacement- Area 92
ENG-25-17 Stormwater Pipe Replacement- Area 5
ENG-25-18 Stormwater Pipe Replacement- Area 7
ENG-25-19 Stormwater Pipe Replacement- Area 22
ENG-25-20 Stormwater Pipe Replacement- Area 23
ENG-25-21 Stormwater Pipe Replacement- Area 50
ENG-25-22 Stormwater Pipe Replacement- Area 90
ENG-25-23 Stormwater Pipe Replacement- Area 33A
ENG-25-24 Stormwater Pipe Replacement- Area 128
ENG-25-25 Stormwater Pipe Replacement- Area 33B
 Transportation Infrastructure
TRA-25-003 Monument Boulevard Complete Streets
TRA-25-004 Oak Grove Complete Street Project
TRA-25-005 Traffic Calming in Major Corridors
TRA-25-006 Install Fiber on PCH from Bates to Clayton Rd TRA-25-007 Install Fiber on Concord Blvd from KPR to Galindo TRA-25-008 Install Fiber on Meadow Lane from Sunshine to Clayton Rd TRA-25-009 Install Fiber on Market St from Clayton to Concord Ave TRA-25-010 Install Fiber on YVR from Cowell to Clearbrook TRA-25-013 Traffic Management Center Equipment and Furniture TRA-25-014 Treat Blvd Complete Street
TRA-30-003 Pine Hollow Complete Street Project

City Council Agenda Report
Agenda Item No. 5.b
May 14, 2024
 Non-Categorized Projects
PW-25-023 Citywide Asset Management
Financial Impact
The Two-Year Capital Budget for Fiscal Years 2025 and 2026, which includes the Sewer Enterprise, Measure V Debt Issuance, Measure V Revenue, SB1 and Gas Tax, limited Grants, other Enterprise funds, and Measure J (Local + 28a), totals $81.8 million.

The approximate breakdown of the funding sources for the Two-Year Capital Budget is illustrated in the Two-Year Capital Budget Funding Chart (Attachment 5), and summarized, as follows: Measure V Debt Issuance (26%), Measure V Revenue (18%) Enterprise Funds for Sewer, Storm Water, Golf Course, and Pavilion (24%), Measure J (7%), Gas Tax (1%), SB1 (9%), Information Technology (0%), Other various sources of funding, including transfers (10%).Note none of the anticipated grant funding is included in the analysis above because the grant funds have not yet been received and therefore are not yet being appropriated.

Environmental Determination
This activity does not constitute a “project” within the meaning of CEQA Guidelines Section 15060 (c)(2) or CEQA Guidelines Section 15378, because there is no potential that it will result in a direct or reasonably foreseeable indirect physical change in the environment and 15262 since the activity involves only feasibility and planning for possible future actions. 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.” Public Contact
The City Council Agenda was posted.

Attachments

1. CIP Budget Sheets (Continuing, Proposed, Future)

2. Pavement Maintenance Zone Map

3. Draft 5-Year Pavement Maintenance Plan Update

4. Capital Improvement Plan FY 25-29

5. Two-Year Capital Budget Funding Chart

CON

TINUING W/O FUNDING REQUEST
Attachment 1

Capital Improvements Project 2024-2025City of Concord
Number: 2111
Title: Market Street Utility Undergrounding
Manager: Kevin Wheat
Proposed By: CDD - Engineering
Classification: TIP-Utility Undergrounding
Location: Market Street
Begin Date: 5/1/2008
Completion Date: 12/31/2026
Related Projects: Utility Undergrounding - HOLDING ACCOUNT - 1228 Market Street Utility Undergrounding - Phase 2 - 2628
Description: The initial project scope to underground overhead utility lines along easterly side of Market St fronting Chuck E. Cheese was lengthened to meet PG&E's Rule 20A minimum requirements. The developer provided matching funds for undergrounding fronting Chuck E. Cheese, per Conditions of Approval, $20,000 for administrative costs and $19,000 for cost of the streetlight replacement.

Pertinent
Issues:

This project is in PG&E's Rule 20A queue for design/estimating but currently on hold pending PG&E staff availability, with construction unscheduled.

Description
Prior
Allocation
Prior
Expend. &
Encumbrance
Carry-
over
FY 24-25
New
FY 25-26
New
Avail.

Total
FY 26-27
Est.

FY 27-28
Est.

FY 28-29
Est.

FY 29-30
to 33-34
Est.

Project
Grand
Total
Funding Sources
402 Capital Projects- Reimburs 39,000 8,790 30,210 30,210 39,000 475 Measure J Local 108,000 2,773 105,227 105,227 108,000 Total: 147,000 11,563 135,437 135,437 147,000
Project Expenditures
39,000 8,790 30,210 30,210 39,000
Administrative Costs (Advertisement, Mailing,
Printing, etc.)
148 (148) (148)
Construction 70,000 70,000 70,000 70,000
Contingencies 12,000 12,000 12,000 12,000
Design Engineering 24,000 1,452 22,548 22,548 24,000 Preliminary Studies 2,000 1,174 826 826 2,000
Total: 147,000 11,563 135,437 135,437 147,000
Apr 28, 2024 04:53 PM Capital Improvements Project 2024-2025 Page 1

Capital Improvements Project 2024-2025City of Concord
Number: 2218
Title: Citywide Technology Hardware and Software Replacement Manager: Greg Taylor
Proposed By: Information Technology
Classification: ITP-Information Technology
Location: Citywide
Begin Date: 7/1/2011
Completion Date: 6/30/2025
Related Projects: Replace Citywide Electronic Document Management System - 2258 Description: This project is to fund all Citywide technology hardware and/or software replacements.

Pertinent
Issues:

Citywide technology replacement, which includes telephone, GIS, network, and computer hardware and software, used by all city departments, need to be replaced on a scheduled basis in order to reduce maintenance costs and provide staff with reliable, state-of-the-art technology to accomplish their program objectives. Excludes specialized hardware, software and radio equipment used by the Police for RMS/CMS.

Description
Prior
Allocation
Prior
Expend. &
Encumbrance
Carry-
over
FY 24-25
New
FY 25-26
New
Avail.

Total
FY 26-27
Est.

FY 27-28
Est.

FY 28-29
Est.

FY 29-30
to 33-34
Est.

Project
Grand
Total
Funding Sources
635 IT Improvement Projects Fund 5,465,638 4,842,418 623,220 623,220 5,465,638 Total: 5,465,638 4,842,418 623,220 623,220 5,465,638 Project Expenditures
825,000 823,120 1,880 1,880 825,000
Preliminary Studies 4,640,638 4,019,299 621,340 621,340 4,640,638 Total: 5,465,638 4,842,418 623,220 623,220 5,465,638 May 07, 2024 10:44 PM Capital Improvements Project 2024-2025 Page 1

Capital Improvements Project 2024-2025City of Concord
Number: 2258
Title: Replace Citywide Electronic Document Management System Manager: Greg Taylor
Proposed By: Information Technology
Classification: ITP-Information Technology
Location: Citywide
Begin Date: 7/1/2014
Completion Date: 6/30/2025
Related Projects: Citywide Technology Hardware and Software Replacement - 2218 Description: This project replaces the Citywide document management system.

Pertinent
Issues:

Replacement of the City's electronic document management system is required to preserve the City's vital records in accordance with Federal, State, and Local mandates. A new system provides document management functionality to all Departments, as well as improves and streamlines the current manual process of preparing City Council, Council Committee, Board, and Commission meeting agendas, voting records, and meeting minutes.

A portion of the project was previously funded by a transfer of $294,899 in IT Projects funds from PJ 2218.

Description
Prior
Allocation
Prior
Expend. &
Encumbrance
Carry-
over
FY 24-25
New
FY 25-26
New
Avail.

Total
FY 26-27
Est.

FY 27-28
Est.

FY 28-29
Est.

FY 29-30
to 33-34
Est.

Project
Grand
Total
Funding Sources
400 Capital Projects General Fund Projects 125,000 106,906 18,094 18,094 125,000 635 IT Improvement Projects Fund 840,899 332,560 508,339 508,339 840,899 Total: 965,899 439,466 526,433 526,433 965,899
Project Expenditures
49,500 49,500 49,500
Preliminary Studies 616,389 389,966 226,423 226,423 616,389 Total: 665,889 439,466 226,423 226,423 665,889
May 07, 2024 11:10 AM Capital Improvements Project 2024-2025 Page 1

Capital Improvements Project 2023-2024City of Concord
Number: 2275
Title: PCI Security - Replace Downtown Security Cameras Manager: Greg Taylor
Proposed By: Information Technology
Classification: ITP-Information Technology
Location: Citywide
Begin Date: 7/1/2013
Completion Date: 6/30/2025
Related Projects:

Description: Replace the obsolete and broken cameras and DVRs in the two downtown City parking garages.

Pertinent
Issues:

Replace the 25 broken and/or obsolete analog cameras and DVRs with networked cameras connected to the City Video Management System.

Description
Prior
Allocation
Prior
Expend. &
Encumbrance
Carry-
over
FY 23-24
New
FY 24-25
New
Avail.

Total
FY 25-26
Est.

FY 26-27
Est.

FY 27-28
Est.

FY 28-29
to 32-33
Est.

Project
Grand
Total
Funding Sources
400 Capital Projects General Fund Projects 101,000 89,057 11,943 11,943 101,000 402 Capital Projects- Reimburs 24,000 24,000 24,000 24,000 Total: 125,000 89,057 35,943 35,943 125,000
Project Expenditures

Preliminary Studies 125,000 89,057 35,943 35,943 125,000 Total: 125,000 89,057 35,943 35,943 125,000
May 07, 2024 11:12 AM Capital Improvements Project 2023-2024 Page 1

Capital Improvements Project 2024-2025City of Concord
Number: 2377
Title: ADA Transition Plan Update
Manager: Tianjun Cao
Proposed By: CDD - Engineering
Classification: TIP-Local Streets and Roads
Location: Citywide
Begin Date: 7/1/2022
Completion Date: 6/30/2025
Related Projects:

Description: This project will review the current ADA Self Evaluation and Transition Plan (SETP), assess the implementation of the current SETP, prepare a status report, and update the SETP with recommended actions to meet ADA requirements. The original SETP was implemented in 1992 to eliminate structural and non-structural barriers that could prevent persons with disabilities from accessing City facilities or participating in employment opportunities, programs, activities, and services. Subsequently, the SETP was last updated and adopted by City Council in 2009.

Pertinent
Issues:

Since the 2009 Plan was updated, several improvements have been made and many programs may have either moved or changed. It is necessary to update the SETP, acknowledging the improvements have been accomplished since the 2009 SETP was approved, and updating the needs related to current programs.

Description
Prior
Allocation
Prior
Expend. &
Encumbrance
Carry-
over
FY 24-25
New
FY 25-26
New
Avail.

Total
FY 26-27
Est.

FY 27-28
Est.

FY 28-29
Est.

FY 29-30
to 33-34
Est.

Project
Grand
Total
Funding Sources
260 State Gas Tax 24,844 24,844 24,844
401 Measure Q Projects 40,000 48,927 (8,927) (8,927) 40,000 407 2021 Debt Issuance (Measure V) 20,035 23,211 (3,176) (3,176) 20,035 475 Measure J Local 15,000 9,124 5,876 5,876 15,000 490 Measure V Projects 379,965 378,998 967 967 379,965 Total: 479,844 485,103 (5,259) (5,259) 479,844
Project Expenditures
Design Engineering 464,000 454,755 9,245 9,245 464,000 Preliminary Studies 15,844 30,348 (14,504) (14,504) 15,844 Total: 479,844 485,103 (5,259) (5,259) 479,844
May 01, 2024 04:16 PM Capital Improvements Project 2024-2025 Page 1

Capital Improvements Project 2024-2025City of Concord
Number: 2393
Title: Trim Replacement at Willow Pass Recreation Center Manager: Deyuanne Lei
Proposed By: Public Works
Classification: CIP-Building and Grounds
Location: Willow Pass Community Center
Begin Date: 7/1/2022
Completion Date: 12/31/2024
Related Projects: Willow Pass Recreation Center Exterior Painting - 2568, Willow Pass Community Center Court Yard and Patio Refurbishment - RS-25-010
Description: This project will replace/repair approximately 1,000 lineal feet of the wood trim on Willow Pass Recreation Center. The wood is showing rot which will lead to failure of the trim. The new wood will be painted to complete the project.

Pertinent
Issues:

Failure to replace the wood trim will lead to other significant issues as the wood rots.

Description
Prior
Allocation
Prior
Expend. &
Encumbrance
Carry-
over
FY 24-25
New
FY 25-26
New
Avail.

Total
FY 26-27
Est.

FY 27-28
Est.

FY 28-29
Est.

FY 29-30
to 33-34
Est.

Project
Grand
Total
Funding Sources
401 Measure Q Projects 350,000 1,091 348,909 348,909 350,000 490 Measure V Projects 300,000 2,753 297,247 297,247 300,000 Total: 650,000 3,845 646,155 646,155 650,000
Project Expenditures
Construction 650,000 650,000 650,000 650,000
Design Engineering 2,134 (2,134) (2,134)
Preliminary Studies 1,711 (1,711) (1,711)
Total: 650,000 3,845 646,155 646,155 650,000
May 06, 2024 05:47 PM Capital Improvements Project 2024-2025 Page 1

Capital Improvements Project 2024-2025City of Concord
Number: 2398
Title: Timecard System Software Replacement
Manager: Greg Taylor
Proposed By: Information Technology
Classification: ITP-Information Technology
Location: Citywide
Begin Date: 4/1/2017
Completion Date: 6/30/2025
Related Projects:

Description: Replace existing timekeeping system with standardized timekeeping software. The new timekeeping system will provide web access capability, mobile device accessibility and integration to aid exiting the City's existing timekeeping system (Lawson).

Pertinent
Issues:

The existing timekeeping system is over 15 years old and is obsolete. Further development and maintenance is not possible without significant costs and effort by the City of Concord. New software is required to provide better accountability, integration with existing systems such as Lawson, and to provide better functionality.

Description
Prior
Allocation
Prior
Expend. &
Encumbrance
Carry-
over
FY 24-25
New
FY 25-26
New
Avail.

Total
FY 26-27
Est.

FY 27-28
Est.

FY 28-29
Est.

FY 29-30
to 33-34
Est.

Project
Grand
Total
Funding Sources
635 IT Improvement Projects Fund 150,000 60,500 89,500 89,500 150,000 Total: 150,000 60,500 89,500 89,500 150,000
Project Expenditures
Other Costs 89,500 89,500 89,500 89,500
Preliminary Studies 60,500 60,500 60,500
Total: 150,000 60,500 89,500 89,500 150,000
May 07, 2024 11:14 AM Capital Improvements Project 2024-2025 Page 1

Capital Improvements Project 2024-2025City of Concord
Number: 2401
Title: Point of Sale System Replacement
Manager: Greg Taylor
Proposed By: Information Technology
Classification: ITP-Information Technology
Location: Citywide
Begin Date: 7/1/2022
Completion Date: 6/30/2026
Related Projects:

Description: The Point of Sale system is currently utilized by departments to process payments for permits, licenses and fees. The current system is from Active Networks and is at end of life. This project allows for the ability to replace software with either an on-premise or cloud-based system that presents with a more up-to-date security system that will provide the point of sale transactions required to continue core City revenue processes.

Pertinent
Issues:

The current point of sale system is at end of life and requires replacement. There is a need to continue to provide point of sale transactions with better reliability and functionality to support City revenue generation.

Description
Prior
Allocation
Prior
Expend. &
Encumbrance
Carry-
over
FY 24-25
New
FY 25-26
New
Avail.

Total
FY 26-27
Est.

FY 27-28
Est.

FY 28-29
Est.

FY 29-30
to 33-34
Est.

Project
Grand
Total
Funding Sources
635 IT Improvement Projects Fund 160,000 160,000 160,000 160,000 Total: 160,000 160,000 160,000 160,000
Project Expenditures
Other Costs 160,000 160,000 160,000 160,000
Total: 160,000 160,000 160,000 160,000
May 07, 2024 11:16 AM Capital Improvements Project 2024-2025 Page 1

Capital Improvements Project 2024-2025City of Concord
Number: 2403
Title: Phase I CCTV Public Safety and Crime Prevention Technology Improvements Manager: Greg Taylor
Proposed By: Information Technology
Classification: ITP-Information Technology
Location: Citywide
Begin Date: 7/1/2016
Completion Date: 6/30/2026
Related Projects:

Description: CCTV cameras at parks and intersections.

Pertinent
Issues:

This project will provide live viewing and playback of CCTV cameras at various City parks and signalized intersections. The cameras will be used for both public safety purposes and for educating the community. Live feeds will be periodically displayed on Concord TV, allowing viewers to see traffic conditions and events occurring within the City’s public spaces in real time. The first phase will start with one or two parks and intersections in the community. Identification of initial locations will include community outreach efforts.

Description
Prior
Allocation
Prior
Expend. &
Encumbrance
Carry-
over
FY 24-25
New
FY 25-26
New
Avail.

Total
FY 26-27
Est.

FY 27-28
Est.

FY 28-29
Est.

FY 29-30
to 33-34
Est.

Project
Grand
Total
Funding Sources
401 Measure Q Projects 250,000 65,188 184,812 184,812 250,000 405 405-Federal Asset Forfeiture 100,000 33,634 66,366 66,366 100,000 Total: 350,000 98,822 251,178 251,178 350,000
Project Expenditures
Other Costs 200,000 200,000 200,000 200,000
Preliminary Studies 150,000 98,822 51,178 51,178 150,000 Total: 350,000 98,822 251,178 251,178 350,000
May 07, 2024 11:17 AM Capital Improvements Project 2024-2025 Page 1

Capital Improvements Project 2024-2025City of Concord
Number: 2413
Title: Portable Sound System Replacement
Manager: Greg Taylor
Proposed By: Information Technology
Classification: CIP-Information Technology
Location: Citywide
Begin Date: 7/1/2021
Completion Date: 6/30/2026
Related Projects:

Description: Upgrade and replacement of the City's A/V system.

Pertinent
Issues:

The City has various public A/V systems that require an upgrade, maintenance and replacement. This project will assess the various locations where the City currently provides A/V services and determine system needs, resource requirements, and perform upgrades or replacements when necessary.

Description
Prior
Allocation
Prior
Expend. &
Encumbrance
Carry-
over
FY 24-25
New
FY 25-26
New
Avail.

Total
FY 26-27
Est.

FY 27-28
Est.

FY 28-29
Est.

FY 29-30
to 33-34
Est.

Project
Grand
Total
Funding Sources
635 IT Improvement Projects Fund 120,000 120,000 120,000 120,000 Total: 120,000 120,000 120,000 120,000
Project Expenditures
Preliminary Studies 120,000 120,000 120,000 120,000 Total: 120,000 120,000 120,000 120,000
May 07, 2024 11:17 AM Capital Improvements Project 2024-2025 Page 1

Capital Improvements Project 2024-2025City of Concord
Number: 2416
Title: Broadcast A/V for Various Sites
Manager: Greg Taylor
Proposed By: Information Technology
Classification: ITP-Information Technology
Location: Citywide
Begin Date: 7/14/2017
Completion Date: 6/30/2025
Related Projects:

Description: The City of Concord had an antiquated television broadcasting system and audio/visual equipment that was at risk of failure. Due to the age of the system and component failures, a Request for Proposals was issued on March 31, 2017, soliciting design and equipment installation proposals to replace the broadcasting system and replace audio/visual equipment in the City Council Chamber, the Concord Senior Center, Todos Santos Plaza, and the Concord Pavilion. The majority of the project has been completed with only small, minor upgrades, mostly related to hybrid technologies, being researched for possible implementation.

Pertinent
Issues:

The City of Concord's Audio Visual system was over a decade old and lacked many of the modern features now required for today's broadcasting.

The overall system was upgraded and only small items remain to reach full completion.

Description
Prior
Allocation
Prior
Expend. &
Encumbrance
Carry-
over
FY 24-25
New
FY 25-26
New
Avail.

Total
FY 26-27
Est.

FY 27-28
Est.

FY 28-29
Est.

FY 29-30
to 33-34
Est.

Project
Grand
Total
Funding Sources
225 PEG Fees Fund 785,922 758,968 26,954 26,954 785,922 Total: 785,922 758,968 26,954 26,954 785,922
Project Expenditures
Preliminary Studies 785,922 758,968 26,954 26,954 785,922 Total: 785,922 758,968 26,954 26,954 785,922
May 07, 2024 11:18 AM Capital Improvements Project 2024-2025 Page 1

Capital Improvements Project 2024-2025City of Concord
Number: 2429
Title: Civic Center Roof Replacement Project
Manager: Kevin Wheat
Proposed By: Public Works
Classification: CIP-Building and Grounds
Location: Civic Center
Begin Date: 1/17/2022
Completion Date: 12/31/2024
Related Projects: Council Chamber HVAC Replacement - 2564 Civic Center Greening - 2518, Civic Center Wooden Benches - 2565, Civic Center Moat Restoration - 2708
Description: The tile roof at the Civic Center is failing and needs to be replaced to prevent leaks and damage to the building. The top, flat portion of the roof will require improvements as well, and roof drains and downspouts will be re-designed. The trim and fascia on the complex is also failing/rotting and needs to be replaced. The City Council Chamber roof is included in the project and requires replacement of the tiles and improvements on the flat portion.

Pertinent
Issues:

This project is coordinated with the Council Chamber HVAC, Wooden Bench Replacements, and Civic Center Greening projects.

Description
Prior
Allocation
Prior
Expend. &
Encumbrance
Carry-
over
FY 24-25
New
FY 25-26
New
Avail.

Total
FY 26-27
Est.

FY 27-28
Est.

FY 28-29
Est.

FY 29-30
to 33-34
Est.

Project
Grand
Total
Funding Sources
401 Measure Q Projects 1,550,900 1,266,399 284,501 284,501 1,550,900 407 2021 Debt Issuance (Measure V) 3,480,000 3,479,000 1,000 1,000 3,480,000 490 Measure V Projects
630 Building Maintenance Fund 250,000 250,000 250,000 Total: 5,280,900 4,995,399 285,501 285,501 5,280,900 Project Expenditures
Administrative Costs (Advertisement, Mailing,
Printing, etc.)
10,000 199 9,801 9,801 10,000
Construction 4,500,000 4,424,645 75,355 75,355 4,500,000 Construction Engineering 278,900 29,616 249,284 249,284 278,900 Design Engineering 480,000 472,896 7,104 7,104 480,000 Apr 28, 2024 05:37 PM Capital Improvements Project 2024-2025 Page 1

Capital Improvements Project 2024-2025City of Concord
Description
Prior
Allocation
Prior
Expend. &
Encumbrance
Carry-
over
FY 24-25
New
FY 25-26
New
Avail.

Total
FY 26-27
Est.

FY 27-28
Est.

FY 28-29
Est.

FY 29-30
to 33-34
Est.

Project
Grand
Total
Preliminary Studies 12,000 68,044 (56,044) (56,044) 12,000 Total: 5,280,900 4,995,399 285,501 285,501 5,280,900 Apr 28, 2024 05:37 PM Capital Improvements Project 2024-2025 Page 2

Capital Improvements Project 2024-2025City of Concord
Number: 2449
Title: Willow Pass Road Repaving SR2T
Manager: Aldrich Bautista
Proposed By: Transportation
Classification: TIP-Local Streets and Roads
Location: Willow Pass Road
Begin Date: 7/31/2018
Completion Date: 12/31/2025
Related Projects: Complete Street Feasibility Study - 2465, Citywide Traffic System Upgrade - Phase 1 - 2493, Willow Pass Road Signal Upgrade - 2538, Willow Pass Sewer Capacity Improvements - 2702
Willow Pass Road Cycle Track - 2572
Description: The Willow Pass Repaving Safe Route to Transit (SR2T) project is the combination of three separate capital projects: the Willow Pass Repaving Project, the Willow Pass Safe Route to Transit Project, and pedestrian improvements at Ashdale Dr. The Willow Pass Repaving project will rehabilitate existing deteriorated asphalt pavement between Galindo St and San Vincente Dr. The Willow Pass Safe Route to Transit project will address several sidewalk gap closures and driveway modifications to achieve Americans with Disability Act (ADA) compliance. The project will also include pedestrian improvements on Ashdale Dr, which includes installation of Rectangular Rapid Flashing Beacons (RRFB).

Pertinent
Issues:

Currently, there are concerns regarding: (1) traffic safety and potential damage to vehicles as a result of deteriorated pavement conditions on Willow Pass Rd; and (2) pedestrian and bicycle safety for both adults and school children as a result of missing sidewalk. The proposed project will eliminate these problems.

Description
Prior
Allocation
Prior
Expend. &
Encumbrance
Carry-
over
FY 24-25
New
FY 25-26
New
Avail.

Total
FY 26-27
Est.

FY 27-28
Est.

FY 28-29
Est.

FY 29-30
to 33-34
Est.

Project
Grand
Total
Funding Sources
000 Unfunded
401 Measure Q Projects 1,274,072 607,552 666,519 666,519 1,274,072 402 Capital Projects- Reimburs 5,260,000 5,260,000 5,260,000 5,260,000 407 2021 Debt Issuance (Measure V) 3,300,000 55,457 3,244,543 3,244,543 3,300,000 408 2015 Lease Rev Bond CIP 321,621 321,621 321,621 479 Measure J Bond Capital 1,153,000 351,557 801,443 801,443 1,153,000 Total: 11,308,692 1,336,187 9,972,505 9,972,505 11,308,692 Project Expenditures
May 07, 2024 10:51 AM Capital Improvements Project 2024-2025 Page 1

Capital Improvements Project 2024-2025City of Concord
Description
Prior
Allocation
Prior
Expend. &
Encumbrance
Carry-
over
FY 24-25
New
FY 25-26
New
Avail.

Total
FY 26-27
Est.

FY 27-28
Est.

FY 28-29
Est.

FY 29-30
to 33-34
Est.

Project
Grand
Total
Administrative Costs (Advertisement, Mailing,
Printing, etc.)
25,000 3,143 21,857 21,857 25,000
Construction 8,904,887 9,702 8,895,185 8,895,185 8,904,887 Construction Engineering 800,000 12,977 787,023 787,023 800,000 Contingencies
Design Engineering 1,131,000 1,046,137 84,863 84,863 1,131,000 Environmental Costs 100,000 100,000 100,000 100,000 Other Costs 30,000 30,000 30,000 30,000
Preliminary Studies 211,805 257,728 (45,923) (45,923) 211,805 Right of Way 106,000 6,500 99,500 99,500 106,000
Total: 11,308,692 1,336,187 9,972,505 9,972,505 11,308,692 May 07, 2024 10:51 AM Capital Improvements Project 2024-2025 Page 2

Capital Improvements Project 2024-2025City of Concord
Number: 2457
Title: East Downtown Concord PDA Access & Safe Routes To Transit Manager: Kevin Wheat
Proposed By: Transportation
Classification: TIP-Local Streets and Roads
Location: Citywide
Begin Date: 7/31/2018
Completion Date: 6/30/2025
Related Projects:

Description: This project provides safe walking and biking routes within and to/from the Downtown Concord PDA by creating a safe, continuous pedestrian network through sidewalk gap closures on Parkside Dr, The Alameda, and 6th St, and provides Class 3 bicycle routes on the same streets. The project also improves walking near transit, schools and parks through sidewalk gap closures on Bonifacio St and Salvio St. Combined, these improvements will improve pedestrian and bicycle access from the PDA to BART, bus routes, and nearby schools. In addition, the project includes an Additive Bid for installation of a bioretention facility at the west end of the City Library's parking lot to treat storm water runoff from the parking lot.

Due to limited funding to cover project shortfall, the City will be prioritizing two locations, The Alameda and 6th Street, as part of the base bid of the project. All other locations are now Additive Bids.

Pertinent
Issues:

This project's construction is funded by Federal OBAG 2 grant and Measure J.

Description
Prior
Allocation
Prior
Expend. &
Encumbrance
Carry-
over
FY 24-25
New
FY 25-26
New
Avail.

Total
FY 26-27
Est.

FY 27-28
Est.

FY 28-29
Est.

FY 29-30
to 33-34
Est.

Project
Grand
Total
Funding Sources
402 Capital Projects- Reimburs 2,164,000 2,164,000 2,164,000 2,164,000 475 Measure J Local 486,000 224,561 261,439 261,439 486,000 479 Measure J Bond Capital 485,000 335,832 149,168 149,168 485,000 Total: 3,135,000 560,394 2,574,606 2,574,606 3,135,000 Project Expenditures
Administrative Costs (Advertisement, Mailing,
Printing, etc.)
10,000 3,254 6,746 6,746 10,000
May 07, 2024 10:53 AM Capital Improvements Project 2024-2025 Page 1

Capital Improvements Project 2024-2025City of Concord
Description
Prior
Allocation
Prior
Expend. &
Encumbrance
Carry-
over
FY 24-25
New
FY 25-26
New
Avail.

Total
FY 26-27
Est.

FY 27-28
Est.

FY 28-29
Est.

FY 29-30
to 33-34
Est.

Project
Grand
Total
Construction 2,308,000 2,308,000 2,308,000 2,308,000 Construction Engineering 300,000 2,512 297,488 297,488 300,000 Contingencies
Design Engineering 470,000 499,190 (29,190) (29,190) 470,000 Environmental Costs
Preliminary Studies 30,000 55,438 (25,438) (25,438) 30,000 Right of Way 17,000 17,000 17,000 17,000
Total: 3,135,000 560,394 2,574,606 2,574,606 3,135,000 May 07, 2024 10:53 AM Capital Improvements Project 2024-2025 Page 2

Capital Improvements Project 2024-2025City of Concord
Number: 2467
Title: Automated AP Invoicing
Manager: Greg Taylor
Proposed By: Information Technology
Classification: ITP-Information Technology
Location: Citywide
Begin Date: 7/1/2018
Completion Date: 6/30/2026
Related Projects:

Description: This project will cut AP Processing time by digitizing AP invoices and processing them through work flow.

Pertinent
Issues:

Accounts Payable efficiency.

Description
Prior
Allocation
Prior
Expend. &
Encumbrance
Carry-
over
FY 24-25
New
FY 25-26
New
Avail.

Total
FY 26-27
Est.

FY 27-28
Est.

FY 28-29
Est.

FY 29-30
to 33-34
Est.

Project
Grand
Total
Funding Sources
401 Measure Q Projects 105,600 105,600 105,600 105,600 Total: 105,600 105,600 105,600 105,600
Project Expenditures
Other Costs 105,600 105,600 105,600 105,600
Total: 105,600 105,600 105,600 105,600
May 07, 2024 11:19 AM Capital Improvements Project 2024-2025 Page 1

Capital Improvements Project 2024-2025City of Concord
Number: 2468
Title: GIS Strategic Plan Implementation
Manager: Greg Taylor
Proposed By: Information Technology
Classification: ITP-Information Technology
Location: Citywide
Begin Date: 7/1/2018
Completion Date: 6/30/2026
Related Projects: Development & Housing Story Maps - 2466 Description: This project will improve upon the City's current GIS program to better fulfill staff needs for improved tools and data utilized in numerous daily functions across all departments. Based upon the GIS Strategic Plan, a tactical plan of action was created to improve the areas of GIS Governance, Data and Databases, Procedures and Workflows, Software, and Training. This project will implement needed GIS improvements.

Pertinent
Issues:

Providing accurate and reliable data to internal customers resulting in improved decision making and efficiencies. Giving residents access to current data allowing them to be better informed and increasing government transparency.

Description
Prior
Allocation
Prior
Expend. &
Encumbrance
Carry-
over
FY 24-25
New
FY 25-26
New
Avail.

Total
FY 26-27
Est.

FY 27-28
Est.

FY 28-29
Est.

FY 29-30
to 33-34
Est.

Project
Grand
Total
Funding Sources
635 IT Improvement Projects Fund 465,920 265,918 200,002 200,002 465,920 Total: 465,920 265,918 200,002 200,002 465,920
Project Expenditures
Other Costs 290,000 290,000 290,000 290,000
Preliminary Studies 175,920 265,918 (89,998) (89,998) 175,920 Total: 465,920 265,918 200,002 200,002 465,920
May 07, 2024 11:20 AM Capital Improvements Project 2024-2025 Page 1

Capital Improvements Project 2024-2025City of Concord
Number: 2471
Title: Electronic Signatures
Manager: Greg Taylor
Proposed By: Information Technology
Classification: ITP-Information Technology
Location: Citywide
Begin Date: 7/1/2018
Completion Date: 6/30/2026
Related Projects:

Description: Implement Electronic Signature for personnel Action Forms for the HR Department and for contracts for the City Clerk's Office.

Pertinent
Issues:

Document processing efficiencies.

Description
Prior
Allocation
Prior
Expend. &
Encumbrance
Carry-
over
FY 24-25
New
FY 25-26
New
Avail.

Total
FY 26-27
Est.

FY 27-28
Est.

FY 28-29
Est.

FY 29-30
to 33-34
Est.

Project
Grand
Total
Funding Sources
400 Capital Projects General Fund Projects 52,445 42,689 9,756 9,756 52,445 Total: 52,445 42,689 9,756 9,756 52,445
Project Expenditures
Other Costs 100,000 100,000 100,000 100,000
Preliminary Studies 40,525 42,689 (2,164) (2,164) 40,525 Total: 140,525 42,689 97,836 97,836 140,525
May 07, 2024 11:21 AM Capital Improvements Project 2024-2025 Page 1

Capital Improvements Project 2024-2025City of Concord
Number: 2473
Title: Emergency Operations Center Update
Manager: Greg Taylor
Proposed By: Information Technology
Classification: ITP-Information Technology
Location: Citywide
Begin Date: 7/1/2018
Completion Date: 6/30/2026
Related Projects:

Description: This project will install a new control module in the City's Emergency Operations Center in order to interface with projector, access to 15 additional laptop computers for EOC staff, 4 printers, access to a geographic mapping system, upgraded telephone system for conference calls, and network improvements. This will allow for computer connectivity and sufficient bandwidth to stream live video from City and other available surveillance cameras.

Pertinent
Issues:

Current EOC hardware and infrastructure is dated and is not able to fully support City staff in the event of activation.

Description
Prior
Allocation
Prior
Expend. &
Encumbrance
Carry-
over
FY 24-25
New
FY 25-26
New
Avail.

Total
FY 26-27
Est.

FY 27-28
Est.

FY 28-29
Est.

FY 29-30
to 33-34
Est.

Project
Grand
Total
Funding Sources
400 Capital Projects General Fund Projects 109,200 109,200 109,200 109,200 Total: 109,200 109,200 109,200 109,200
Project Expenditures
Contingencies 18,200 18,200 18,200 18,200
Other Costs 91,000 91,000 91,000 91,000
Total: 109,200 109,200 109,200 109,200
May 07, 2024 11:22 AM Capital Improvements Project 2024-2025 Page 1

Capital Improvements Project 2024-2025City of Concord
Number: 2474
Title: PD-Key Card Building Access
Manager: Greg Taylor
Proposed By: Information Technology
Classification: ITP-Information Technology
Location: Citywide
Begin Date: 7/1/2018
Completion Date: 6/30/2026
Related Projects:

Description: This project will acquire a new key card access software, key card access readers, and integrated cameras for building security and monitoring for the Police Department Administrative Services Division, Investigations Division and Field Operations Division. The additional requirements will create a need to upgrade current network infrastructure to support additional card readers and support the integrated camera system.

Pertinent
Issues:

Existing system does not provide functionality the Police Department requires for access, to include integrated cameras and electronic locks.

Description
Prior
Allocation
Prior
Expend. &
Encumbrance
Carry-
over
FY 24-25
New
FY 25-26
New
Avail.

Total
FY 26-27
Est.

FY 27-28
Est.

FY 28-29
Est.

FY 29-30
to 33-34
Est.

Project
Grand
Total
Funding Sources
400 Capital Projects General Fund Projects 177,340 49,120 128,220 128,220 177,340 Total: 177,340 49,120 128,220 128,220 177,340
Project Expenditures
Other Costs 123,390 123,390 123,390 123,390
Preliminary Studies 53,950 49,120 4,830 4,830 53,950 Total: 177,340 49,120 128,220 128,220 177,340
May 07, 2024 11:23 AM Capital Improvements Project 2024-2025 Page 1

Capital Improvements Project 2024-2025City of Concord
Number: 2475
Title: Online Police Reporting System
Manager: Greg Taylor
Proposed By: Information Technology
Classification: ITP-Information Technology
Location: Citywide
Begin Date: 7/1/2018
Completion Date: 6/30/2026
Related Projects:

Description: This project will acquire new online police reporting software application for the public to report and document incidents to the Police Department.

Police Department requests new online reporting system that allows the public to supplement existing reports, geo-verify the reported location of the event and associated addresses, ability to make fields mandatory for users during data entry and be UCR/NIBRS compliant.

Pertinent
Issues:

Existing system does not provide the functionality the Police Department needs for online police reporting.

Description
Prior
Allocation
Prior
Expend. &
Encumbrance
Carry-
over
FY 24-25
New
FY 25-26
New
Avail.

Total
FY 26-27
Est.

FY 27-28
Est.

FY 28-29
Est.

FY 29-30
to 33-34
Est.

Project
Grand
Total
Funding Sources
400 Capital Projects General Fund Projects 36,000 36,000 36,000 36,000 Total: 36,000 36,000 36,000 36,000
Project Expenditures
Other Costs 36,000 36,000 36,000 36,000
Total: 36,000 36,000 36,000 36,000
May 07, 2024 11:24 AM Capital Improvements Project 2024-2025 Page 1

Capital Improvements Project 2024-2025City of Concord
Number: 2476
Title: PD-Staff Scheduling System
Manager: Greg Taylor
Proposed By: Information Technology
Classification: ITP-Information Technology
Location: Citywide
Begin Date: 7/1/2018
Completion Date: 6/30/2026
Related Projects:

Description: This project will acquire a new roster/scheduling system that provides the ability to build staffing schedules for Patrol, Records, Dispatch, Swat, etc., develop multiple and /or overlapping shifts, capture time worked (including OT), capture MOU requirements for time worked, allow for remote access by staff to view schedule(s) and receive/approve requests for OT or to fill vacancies, perform shift/vacation bids, etc.

Pertinent
Issues:

Existing system does not provide functionality that PD requires to establish and manage (in real-time) staff scheduling.

Description
Prior
Allocation
Prior
Expend. &
Encumbrance
Carry-
over
FY 24-25
New
FY 25-26
New
Avail.

Total
FY 26-27
Est.

FY 27-28
Est.

FY 28-29
Est.

FY 29-30
to 33-34
Est.

Project
Grand
Total
Funding Sources
400 Capital Projects General Fund Projects 13,000 13,000 13,000 13,000 999 CIP Sample Fund 77,000 77,000 77,000 77,000
Total: 90,000 90,000 90,000 90,000
Project Expenditures
Other Costs 90,000 90,000 90,000 90,000
Total: 90,000 90,000 90,000 90,000
May 07, 2024 11:25 AM Capital Improvements Project 2024-2025 Page 1

Capital Improvements Project 2024-2025City of Concord
Number: 2479
Title: Police Department Headquarters Roofing
Manager: Deyuanne Lei
Proposed By: Public Works
Classification: CIP-Building and Grounds
Location: Police Department
Begin Date: 6/1/2020
Completion Date: 12/31/2025
Related Projects: Police Department HVAC Chiller Replacement - 2553 Description: This project will repair the roof on the Police Department Building. The flat portions of the Police Department Headquarters roof have reached end-of-life. The building experiences chronic leaking that will eventually result in damage to the building interior.

Pertinent
Issues:

Leaks from the roof create damage to the building structure, its interior, and its contents. When left unaddressed, the leaks will lead to further damage and increased cost of repair.

Description
Prior
Allocation
Prior
Expend. &
Encumbrance
Carry-
over
FY 24-25
New
FY 25-26
New
Avail.

Total
FY 26-27
Est.

FY 27-28
Est.

FY 28-29
Est.

FY 29-30
to 33-34
Est.

Project
Grand
Total
Funding Sources
401 Measure Q Projects 500,000 44,806 455,194 455,194 500,000 Total: 500,000 44,806 455,194 455,194 500,000
Project Expenditures

Administrative Costs (Advertisement, Mailing,
Printing, etc.)
5,000 51 4,949 4,949 5,000
Construction 395,000 395,000 395,000 395,000
Construction Engineering 50,000 50,000 50,000 50,000 Design Engineering 50,000 42,929 7,071 7,071 50,000 Environmental Costs 372 (372) (372)
Preliminary Studies 1,454 (1,454) (1,454)
Total: 500,000 44,806 455,194 455,194 500,000
Apr 28, 2024 05:51 PM Capital Improvements Project 2024-2025 Page 1

Capital Improvements Project 2024-2025City of Concord
Number: 2487
Title: Body Worn Cameras
Manager: Greg Taylor
Proposed By: Information Technology
Classification: ITP-Information Technology
Location: Citywide
Begin Date: 2/13/2018
Completion Date: 6/30/2025
Related Projects:

Description: Axon was selected for body worn cameras due to its ability to satisfy our most critical requirements: full-shift battery life, high-definition (up to 1080p HD) resolution, and pre-event recording (video captured prior to the beginning of the recording).

City Council initially approved this project on February 13, 2018. The total project was for up to $1.5 million and later amended on March 3, 2020 to increase the amount by $200K for up to $1.7 million to cover costs for the body worn cameras/fleet to include both sworn and professional staff as well as annual maintenance.

The Contra Costa County District Attorney has already standardized on Evidence.Com, which is the cloud video storage solution utilized by the Axon body and dash cameras. This allows the PD to share access of evidentiary video files immediately online without having to create disks or hand-carry tapes to present desired footage. Axon also allows Computer Aided Dispatch integration of any video recorded, whereby calls and case numbers are automatically assigned to the videos to enable proper search, storage, and retention of all evidence collected.

Pertinent
Issues:

Description
Prior
Allocation
Prior
Expend. &
Encumbrance
Carry-
over
FY 24-25
New
FY 25-26
New
Avail.

Total
FY 26-27
Est.

FY 27-28
Est.

FY 28-29
Est.

FY 29-30
to 33-34
Est.

Project
Grand
Total
Funding Sources
400 Capital Projects General Fund Projects 457,205 409,229 47,976 47,976 457,205 Total: 457,205 409,229 47,976 47,976 457,205
Project Expenditures
Preliminary Studies 457,205 409,229 47,976 47,976 457,205 Total: 457,205 409,229 47,976 47,976 457,205
May 07, 2024 01:52 PM Capital Improvements Project 2024-2025 Page 1

Capital Improvements Project 2024-2025City of Concord
Number: 2502
Title: Arnold Industrial Place/SR4 East Traffic Signal Installation Manager: Abhisehk Parikh
Proposed By: Transportation
Classification: TIP-Traffic Signals
Location: Arnold Industrial Place
Begin Date: 7/1/2024
Completion Date: 6/30/2027
Related Projects:

Description: This project will install a Traffic Signal at the intersection of Arnold Industrial Pl and SR 4 EB Ramps.

Pertinent
Issues:

The City would be unable to fully fund and construct the transportation improvements contemplated in the General Plan and identified in the Study to accommodate the future growth.

Description
Prior
Allocation
Prior
Expend. &
Encumbrance
Carry-
over
FY 24-25
New
FY 25-26
New
Avail.

Total
FY 26-27
Est.

FY 27-28
Est.

FY 28-29
Est.

FY 29-30
to 33-34
Est.

Project
Grand
Total
Funding Sources
000 Unfunded
402 Capital Projects- Reimburs 142,323 142,323 142,323 142,323 Total: 142,323 142,323 142,323 142,323
Project Expenditures
Administrative Costs (Advertisement, Mailing,
Printing, etc.)

Construction
Construction Engineering
Design Engineering
Environmental Costs
Preliminary Studies
Right of Way
Total:

Apr 28, 2024 05:54 PM Capital Improvements Project 2024-2025 Page 1

Capital Improvements Project 2024-2025City of Concord
Number: 2507
Title: Police Department Building Rewire
Manager: Greg Taylor
Proposed By: Information Technology
Classification: ITP-Information Technology
Location: Police Department
Begin Date: 7/1/2020
Completion Date: 6/30/2026
Related Projects:

Description: This project will improve the overall capacity and functionality of the Police Department’s computer network infrastructure.

Pertinent
Issues:

With the greater dependence on technology of many Public Safety operations, a more robust building network infrastructure is necessary to handle the current application traffic load as well as account for future capacity.

Description
Prior
Allocation
Prior
Expend. &
Encumbrance
Carry-
over
FY 24-25
New
FY 25-26
New
Avail.

Total
FY 26-27
Est.

FY 27-28
Est.

FY 28-29
Est.

FY 29-30
to 33-34
Est.

Project
Grand
Total
Funding Sources
400 Capital Projects General Fund Projects 500,000 40,000 460,000 460,000 500,000 Total: 500,000 40,000 460,000 460,000 500,000
Project Expenditures
Other Costs 460,000 460,000 460,000 460,000
Preliminary Studies 40,000 40,000 40,000
Total: 500,000 40,000 460,000 460,000 500,000
May 07, 2024 01:53 PM Capital Improvements Project 2024-2025 Page 1

Capital Improvements Project 2024-2025City of Concord
Number: 2518
Title: Civic Center Greening
Manager: Aldrich Bautista
Proposed By: CDD - Engineering
Classification: CIP-Drainage and Stormwater
Location: Civic Center
Begin Date: 7/1/2022
Completion Date: 12/31/2024
Related Projects: Civic Center Roof Replacement Project - 2429, Library Roof Replacement - 2569 Description: Stormwater Green Infrastructure Reconstruction throughout the Civic Center campus, including three parking lots (Salvio St and Willow Pass Rd, City Buildings (Wings A, C, D, G, and Council Chamber), Corner Parcel (Willow Pass Rd/Parkside Dr), and County Library.

Pertinent
Issues:

Preliminary Design Engineering is required to develop a Conceptual Project Design utilized for competitive Grant Funding through Prop1 or other potential Stormwater Green Infrastructure funding mechanisms. The project will be funded in part by a transfer of $60,000 in Storm Water funds from CIP Project No. 2521 (Full Trash Capture Device Installation No. 4) and $20,000 from CIP Project No. 2442 (Stormwater Green Infrastructure Pilot Project). $500,000 of ARPA funds will be requested to partially fund design and construction.

Description
Prior
Allocation
Prior
Expend. &
Encumbrance
Carry-
over
FY 24-25
New
FY 25-26
New
Avail.

Total
FY 26-27
Est.

FY 27-28
Est.

FY 28-29
Est.

FY 29-30
to 33-34
Est.

Project
Grand
Total
Funding Sources
000 Unfunded
270 Storm Water Management 219,900 20,868 199,032 199,032 219,900 274 American Rescue Plan Act (ARPA) Fund 1,500,000 222,048 1,277,952 1,277,952 1,500,000 Total: 1,719,900 242,916 1,476,984 1,476,984 1,719,900 Project Expenditures
Construction 1,375,000 1,375,000 1,375,000
Construction Engineering 125,000 125,000 125,000 Design Engineering 219,900 236,583 (16,683) (16,683) 219,900 Preliminary Studies 6,333 (6,333) (6,333)
Total: 219,900 242,916 (23,016) 1,500,000 1,476,984 1,719,900 Apr 28, 2024 06:04 PM Capital Improvements Project 2024-2025 Page 1

Capital Improvements Project 2024-2025City of Concord
Number: 2522
Title: Farm Bureau Pole Relocation
Manager: Kevin Wheat
Proposed By: CDD - Engineering
Classification: TIP-Utility Undergrounding
Location: Farm Bureau Road
Begin Date: 7/1/2020
Completion Date: 12/31/2025
Related Projects: Farm Bureau Complete Streets - Phase 3 - ENG-21-001, Farm Bureau Road Pavement Rehabilitation - Phase 3 - ENG-25-02
Description: This project will relocate the utility poles on Farm Bureau Rd from Walnut Ave to Clayton Rd. This project is necessary to proceed with the proposed Farm Bureau Rd Complete Streets Project Phase 3. Utility poles in this area are in conflict with the complete streets and need to be relocated. Due to lack of right-of-way in this section of Farm Bureau Rd, it is necessary to relocate the utilities.

Pertinent
Issues:

Description
Prior
Allocation
Prior
Expend. &
Encumbrance
Carry-
over
FY 24-25
New
FY 25-26
New
Avail.

Total
FY 26-27
Est.

FY 27-28
Est.

FY 28-29
Est.

FY 29-30
to 33-34
Est.

Project
Grand
Total
Funding Sources
402 Capital Projects- Reimburs 33,806 1,707 32,099 32,099 33,806 475 Measure J Local 78,194 958 77,236 77,236 78,194 485 Measure J 28(a) 110,000 39,002 70,998 70,998 110,000 Total: 222,000 41,667 180,333 180,333 222,000
Project Expenditures
Construction 75,000 75,000 75,000 75,000
Construction Engineering 37,000 37,000 37,000 37,000 Design Engineering 110,000 39,962 70,038 70,038 110,000 Preliminary Studies 1,705 (1,705) (1,705)
Total: 222,000 41,667 180,333 180,333 222,000
Apr 28, 2024 06:06 PM Capital Improvements Project 2024-2025 Page 1

Capital Improvements Project 2024-2025City of Concord
Number: 2529
Title: Enterprise Resource Planning (ERP) System Replacement Manager: Greg Taylor
Proposed By: Information Technology
Classification: ITP-Information Technology
Location: Citywide
Begin Date: 4/1/2022
Completion Date: 6/30/2026
Related Projects:

Description: The ERP System is the fundamental application that manages the core operations of Finance and Human Resources for the City of Concord.

Upgrading the ERP System will allow for greater functionality and improved efficiencies as well as better integrations with newer technologies.

Pertinent
Issues:

The current ERP System lacks many of the newest features and functions present in other offerings. There is also a greater level of difficulty in integrating with other systems.

Description
Prior
Allocation
Prior
Expend. &
Encumbrance
Carry-
over
FY 24-25
New
FY 25-26
New
Avail.

Total
FY 26-27
Est.

FY 27-28
Est.

FY 28-29
Est.

FY 29-30
to 33-34
Est.

Project
Grand
Total
Funding Sources
635 IT Improvement Projects Fund 1,750,000 1,750,000 1,750,000 1,750,000 636 IT Replacement Reserve Fund 1,250,000 1,250,000 1,250,000 1,250,000 Total: 3,000,000 3,000,000 3,000,000 3,000,000
Project Expenditures
Other Costs 3,000,000 3,000,000 3,000,000 3,000,000 Preliminary Studies 211,668 (211,668) (211,668)
Total: 3,000,000 211,668 2,788,332 2,788,332 3,000,000 May 02, 2024 02:40 PM Capital Improvements Project 2024-2025 Page 1

Capital Improvements Project 2024-2025City of Concord
Number: 2531
Title: Fleet Asset and Fuel Management System
Manager: Greg Taylor
Proposed By: Public Works
Classification: ITP-Information Technology
Location: Corp Yard
Begin Date: 7/1/2020
Completion Date: 6/30/2025
Related Projects:

Description: The current software for both the Fleet Asset and Fuel Management Systems are severely outdated. Faster (fleet inventory software) is server- based and has continuous issues. Phoenix (fuel management software) operates on an old version of Windows that does not allow for proper virus software to be installed and poses a security risk.

Pertinent
Issues:

This will allow the City's Fleet Division to operate more efficiently with our workflow and increase capabilities for record keeping of the City's fleet assets. Additionally, the fueling benefit will be stronger accountability for fueling authorization, reduction in misuse of pumping, and stronger security.

Description
Prior
Allocation
Prior
Expend. &
Encumbrance
Carry-
over
FY 24-25
New
FY 25-26
New
Avail.

Total
FY 26-27
Est.

FY 27-28
Est.

FY 28-29
Est.

FY 29-30
to 33-34
Est.

Project
Grand
Total
Funding Sources
633 Fleet Maintenance Fund 276,000 275,000 1,000 1,000 276,000 Total: 276,000 275,000 1,000 1,000 276,000
Project Expenditures
Other Costs 84,735 84,735 84,735 84,735
Preliminary Studies 191,265 275,000 (83,735) (83,735) 191,265 Total: 276,000 275,000 1,000 1,000 276,000
May 07, 2024 02:08 PM Capital Improvements Project 2024-2025 Page 1

Capital Improvements Project 2024-2025City of Concord
Number: 2533
Title: Camp Concord Maintenance Repairs to Buildings and Roads Manager: Justine Gee
Proposed By: Parks and Recreation Services
Classification: CIP-Parks and Recreation
Location: Camp Concord
Begin Date: 7/1/2022
Completion Date: 6/30/2025
Related Projects: Camp Concord Lower Camp Bath House Roof/Structural Upgrade Cabin Flooring - RS-25 -014, Camp Concord Staff Cabin Upgrades - RS-25-015, Camp Concord Dining Hall Improvements & Equipment Replacement - RS-25-016, Camp Concord Underground Power Lines - RS-25-017
Description: This project will construct much-needed maintenance items to Camp Concord with an emphasis on safety, lease agreement compliance, fire prevention and road maintenance. When the City decided to suspend offering a city run Youth Camp, Parks and Recreation staff was charged with focusing efforts on running a successful Camp program and increasing use of the entire facility through group rentals while meeting the requirements of the Forest Service lease agreement to provide camping experiences to under-served youth. The lower half of Camp Concord has been a crucial component enabling staff to meet USDA Forest Service Special Use Permit terms as well as City revenue goals.

This project will continue to provide a high-quality, safe camp program that continues to move Camp Concord closer to full cost recovery through replacing camp cabin stairs to meet current building codes and Forestry safety requirements, replacing the roof and repairing damage to the privacy walls on the lower (youth camp) bathhouse as required by November 2019 Forest Service inspection, relocating existing power lines from trees to power poles as part of fire prevention efforts and crack filling and slurry sealing the camp loop road to prevent deterioration to Camp Concord’s main access point.

Pertinent
Issues:

This bundle of projects represents requirements to maintain safety and compliance with applicable Federal and State agreements, codes and laws, including ADA requirements. The severe weather of South Lake Tahoe and unaddressed maintenance to camp cabins and the lower camp bathhouse are necessary to maintain safety and sanitation for customers as well as to maintain compliance with our lease agreement with the USDA Forest Service. The proximity of the Caldor Fire this past summer has highlighted the need to relocate the electrical lines from tress to safety compliant power poles. Loop Road Repairs are needed to maintain this asset in a very harsh environment.

Description
Prior
Allocation
Prior
Expend. &
Encumbrance
Carry-
over
FY 24-25
New
FY 25-26
New
Avail.

Total
FY 26-27
Est.

FY 27-28
Est.

FY 28-29
Est.

FY 29-30
to 33-34
Est.

Project
Grand
Total
Funding Sources
450 Parkland Dedication Area A 434,381 108,214 326,167 326,167 434,381 Apr 28, 2024 10:39 PM Capital Improvements Project 2024-2025 Page 1

Capital Improvements Project 2024-2025City of Concord
Description
Prior
Allocation
Prior
Expend. &
Encumbrance
Carry-
over
FY 24-25
New
FY 25-26
New
Avail.

Total
FY 26-27
Est.

FY 27-28
Est.

FY 28-29
Est.

FY 29-30
to 33-34
Est.

Project
Grand
Total
Total: 434,381 108,214 326,167 326,167 434,381
Project Expenditures

Administrative Costs (Advertisement, Mailing,
Printing, etc.)
20,000 20,000 20,000 20,000
Construction 299,381 28,822 270,559 270,559 299,381 Construction Engineering 1,393 (1,393) (1,393)
Design Engineering 60,000 70,678 (10,678) (10,678) 60,000 Environmental Costs 55,000 55,000 55,000 55,000
Preliminary Studies 7,321 (7,321) (7,321)
Total: 434,381 108,214 326,167 326,167 434,381
Apr 28, 2024 10:39 PM Capital Improvements Project 2024-2025 Page 2

Capital Improvements Project 2024-2025City of Concord
Number: 2551
Title: Golf Course Fire 2020 Repairs
Manager: Aldrich Bautista
Proposed By: Parks and Recreation Services
Classification: CIP-Golf Course
Location: Diablo Creek Golf Course
Begin Date: 2/1/2022
Completion Date: 8/31/2025
Related Projects:

Description: Repair of golf course maintenance building after the Fire that occurred on February 11, 2020.

Pertinent
Issues:

Most cost will be reimbursed by insurance company, maintaining existing buildings Description
Prior
Allocation
Prior
Expend. &
Encumbrance
Carry-
over
FY 24-25
New
FY 25-26
New
Avail.

Total
FY 26-27
Est.

FY 27-28
Est.

FY 28-29
Est.

FY 29-30
to 33-34
Est.

Project
Grand
Total
Funding Sources
400 Capital Projects General Fund Projects 250,000 98,796 151,204 151,204 250,000 Total: 250,000 98,796 151,204 151,204 250,000
Project Expenditures
Design Engineering 250,000 82,996 167,004 167,004 250,000 Preliminary Studies 15,800 (15,800) (15,800)
Total: 250,000 98,796 151,204 151,204 250,000
Apr 28, 2024 06:17 PM Capital Improvements Project 2024-2025 Page 1

Capital Improvements Project 2024-2025City of Concord
Number: 2553
Title: Police Department HVAC Chiller Replacement
Manager: Deyuanne Lei
Proposed By: Public Works
Classification: CIP-Building and Grounds
Location: Police Department
Begin Date: 1/17/2022
Completion Date: 12/31/2025
Related Projects: Police Department Roof and Equipment Paint and Sealing - 2394, Police Department Headquarters Roofing - 2479
Police Department Air Handlers Replacement - 2571, PD Chilled Water Circulations - PW-25-008
Description: The chillers on the Police Department's roof are 20 years old and have reached the end of their useful life. This project will replace this critical part of the HVAC system and increase energy efficiency.

Pertinent
Issues:

The equipment has aged to a point where it has reached the end of its useful life. If the equipment fails there will be no air conditioning for the Police Department. New equipment would be more energy efficient than the existing equipment.

Description
Prior
Allocation
Prior
Expend. &
Encumbrance
Carry-
over
FY 24-25
New
FY 25-26
New
Avail.

Total
FY 26-27
Est.

FY 27-28
Est.

FY 28-29
Est.

FY 29-30
to 33-34
Est.

Project
Grand
Total
Funding Sources
401 Measure Q Projects 400,000 35,319 364,681 364,681 400,000 Total: 400,000 35,319 364,681 364,681 400,000
Project Expenditures
Design Engineering 400,000 33,437 366,563 366,563 400,000 Preliminary Studies 1,883 (1,883) (1,883)
Total: 400,000 35,319 364,681 364,681 400,000
Apr 28, 2024 06:21 PM Capital Improvements Project 2024-2025 Page 1

Capital Improvements Project 2024-2025City of Concord
Number: 2559
Title: Treat Boulevard Pavement Rehabilitation
Manager: Kevin Wheat
Proposed By: CDD - Engineering
Classification: TIP-Local Streets and Roads
Location: Treat Boulevard
Begin Date: 7/1/2022
Completion Date: 12/1/2024
Related Projects: Treat Boulevard Fiber Design & Build - 2656 Description: This project will consist of pavement rehabilitation of Treat Blvd from the city limits at City of Walnut Creek to Clayton Rd. The street segments in the project area have a Pavement Condition Index (PCI) in the 30-50 range with pavement rehabilitation as the appropriate treatment. Pavement treatments include mill-and-fill, cold-in-place recycling (CIR), and Full-Depth Reclamation (FDR). The project has been split into two phasses.

Phase 1, from Walnut Creek City Limits to San Miguel Road, was completed October 2023.

Phase 2, from San Miguel Road to Clayton Road, is expected to begin construction in May 2024 and be complete by November 2024. Phase 2 will include the addition of buffered bike lanes, and beautification of the roadway's median with new planting and irrigation.

Pertinent
Issues:

Staff implements the City of Concord’s Pavement Maintenance Program (PMP) to ensure equal distribution of pavement maintenance funds, by dividing the City into five geographical areas (Zones 1-5). Based on this system, the City assesses all of the arterial and collector streets on a bi- annual basis, and assesses the residential streets at least once every 5 years.

This project was selected for treatment as referred to in the Five-Year Pavement Expenditure Plan.

Description
Prior
Allocation
Prior
Expend. &
Encumbrance
Carry-
over
FY 24-25
New
FY 25-26
New
Avail.

Total
FY 26-27
Est.

FY 27-28
Est.

FY 28-29
Est.

FY 29-30
to 33-34
Est.

Project
Grand
Total
Funding Sources
266 State Gas Tax SB1 (RMRA) 2,423,000 3,322 2,419,678 2,419,678 2,423,000 407 2021 Debt Issuance (Measure V) 12,727,000 8,479,274 4,247,726 4,247,726 12,727,000 Total: 15,150,000 8,482,596 6,667,404 6,667,404 15,150,000 Project Expenditures
Administrative Costs (Advertisement, Mailing,
Printing, etc.)
40,000 40,000 40,000 40,000
Apr 28, 2024 06:27 PM Capital Improvements Project 2024-2025 Page 1

Capital Improvements Project 2024-2025City of Concord
Description
Prior
Allocation
Prior
Expend. &
Encumbrance
Carry-
over
FY 24-25
New
FY 25-26
New
Avail.

Total
FY 26-27
Est.

FY 27-28
Est.

FY 28-29
Est.

FY 29-30
to 33-34
Est.

Project
Grand
Total
Construction 12,220,000 6,546,672 5,673,328 5,673,328 12,220,000 Construction Engineering 1,330,000 724,712 605,288 605,288 1,330,000 Contingencies
Design Engineering 800,000 74,626 725,374 725,374 800,000 Environmental Costs 1,000 1,000 1,000 1,000
Other Costs 9,000 9,000 9,000 9,000
Preliminary Studies 730,000 1,136,586 (406,586) (406,586) 730,000 Right of Way 20,000 20,000 20,000 20,000
Total: 15,150,000 8,482,596 6,667,404 6,667,404 15,150,000 Apr 28, 2024 06:27 PM Capital Improvements Project 2024-2025 Page 2

Capital Improvements Project 2024-2025City of Concord
Number: 2565
Title: Civic Center Wooden Benches
Manager: Kevin Wheat
Proposed By: Public Works
Classification: CIP-Building and Grounds
Location: Civic Center
Begin Date: 7/1/2022
Completion Date: 12/30/2024
Related Projects: Civic Center Roof Replacement Project - 2429 Description: This project will assess and improve the wooden benches at the Civic Center as part of maintaining existing assets and facilities.

Funds were transferred into the Civic Center Roof Project No. 2429 to complete this work.

Pertinent
Issues:

Maintaining existing assets and facilities.

Description
Prior
Allocation
Prior
Expend. &
Encumbrance
Carry-
over
FY 24-25
New
FY 25-26
New
Avail.

Total
FY 26-27
Est.

FY 27-28
Est.

FY 28-29
Est.

FY 29-30
to 33-34
Est.

Project
Grand
Total
Funding Sources
407 2021 Debt Issuance (Measure V) 239 239 239
Total: 239 239 239
Project Expenditures
Construction
Design Engineering 132 132 132
Preliminary Studies 107 107 107
Total: 239 239 239
May 02, 2024 03:01 PM Capital Improvements Project 2024-2025 Page 1