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a court of competent jurisdiction, CITY and CONSULTANT shall negotiate an equitable adjustment in the provisions of the Agreement with a view toward affecting the purpose of the Agreement. The illegality or invalidity of any of the provisions or portions of application of any of the provisions of the Agreement shall not affect the legality or enforceability of the remaining provisions or portions of application of any of the provisions of th e Agreement. This Agreement shall be interpreted as though it was a product of a joint drafting effort and no provisions shall be interpreted against a party on the ground that said party was solely or primarily responsible for drafting the language to be interpreted.
21. INTEGRATION. All exhibits identified in this Agreement are attached hereto and incorporated herein by reference. The Agreement contains the entire agreement and understanding between the parties as to the subject matter of this Agreement. It merges and supersedes all prior or contemporaneous agreements, commitments, representation, writings, and discuss ions between CONSULTANT and CITY, whether oral or written.
22. SUCCESSORS AND ASSIGNS : NO THIRD PARTY BENEFICIARIES; NO JOINT VENTURE . CITY and CONSULTANT respectively, bind themselves, their successors, assigns, and legal representatives to the terms and obligations of this Agreement. CONSULTANT shall not assign or transfer any interest i n the Agreement without the CITY's prior written consent, wh ich consent shall be in the CITY’s sole discretion. Any attempted assignment or transfer in breach of this provision shall be void. This Agreement is not intended and shall not be construed to create any third party benefit. This Agreement is not intended and shall not be construed to create a joint venture or partnership between the parties. CONSULTANT, its officers, employees and agents shall not have any power to bind or commit the CITY to any decision.
23. FINANCIAL RECORDS . Records of CONSULTANT’s direct labor costs, payroll costs, and reimbursable expenses pertaining to this project covered by this Agreement will be kept on a generally recognized accounting basis and made available to CITY if and when required.
24. NOTICES. All notices required hereunder shall be in writing and mailed postage prepaid by certified or r egistered mail, return receipt requested, or by personal delivery to the CITY's address as shown bel ow, or such other places as CITY or CONSULTANT may, from time to time, respectively, designate in a written notice given to the other. Notice shall be deemed received three (3)
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days after the date of the mailing thereof or upon personal delivery.
To CITY: Karan Reid, Finance Director
Finance Department
City of Concord
1950 Parkside Drive
Concord, CA 94519-2578
Phone: (925) 671-3192
Email: [email protected]
To CONSULTANT: Nicole Dragoo, JD, Chief Executive Officer Chandler Asset Management, Inc.
9255 Town Centre Drive, Suite 600
San Diego, CA 92121
Phone: (858) 546-3737
Email: [email protected]
25. NON-LIABILITY. No member of the CITY and no other officer, official, agent, employee or volunteer of the CITY shall be personally liable to CONSULTANT or otherwise in the event of any default or breach of the CITY, or for any amount which may become due to CONSULTANT or any successor in interest, or for any obligations directly or indirectly incurred under the terms of this Agreement.
26. EXECUTION. Each individual or entity executing this Agreement on behalf of Applicant represents and warrants that he or she or it is duly authorized to execute and deliver this Agreement on behalf of Applicant and that such execution is binding upon Applicant.
This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agr eement, it shall not be necessary to produce or account for more than one such counterpart.
IN WITNESS WHEREOF, the parties have executed this Agreement in one (1) or more copies as of the date and year first written above.
CONSULTANT CITY OF CONCORD , a Municipal
Corporation
By:_________________________________ By:______________________________ Name: Nicole Dragoo, JD Name: Valerie J. Barone
Title: Chief Executive Officer Title City Manager Page 12 of 17
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Address: 9255 Town Centre Dr, Ste 600 Address: 1950 Parkside Drive San Diego, CA 92121 Concord, CA 94519
Telephone: (858) 546-3737 Telephone: (925) 671-3150
Email: [email protected]
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 2025 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.
THE SUM OF $80,000. Account Code 10036001Z01-63800-400.
Finance Director's Signature
ASSET MANAGEMENT SERVICES
SCOPE OF SERVICES
• Manage the City’s portfolio with discretionary authority while ensuring the portfolio structure matches the City’s objectives.
• Assist the City with cash flow and maturity analysis: Conducting in-depth analyses of cash flow patterns and maturity structures to optimize the City's financial position.
• Credit Analysis of Investment Instruments: Evaluating the creditworthiness and risk associated with various investment instruments to ensure prudent financial decision-making.
• Regular Reports Delivery: Provide monthly/quarterly/annual reporting of City Funds you manage and any other information required in the City’s Investment Policy. Prepare quarterly Treasurer’s report which incorporates information on all of the City’s funds (provided by to you by the City) in addition to the firm’s managed funds.
• Attendance at Meetings: Actively participating in meetings with City staff and City Treasurer, at least quarterly, to collaboratively discuss financial strategies, challenges, and opportunities. Attendance at City Council meetings upon request. • Evaluation of Market Risk: Assessing and mitigating market risks to safeguard the City's financial interests.
• Ensuring Portfolio Compliance: Ensuring strict adherence to established policies and legal frameworks governing financial investments.
• Establishing Performance Benchmarks: Defining clear and measurable benchmarks to gauge the effectiveness of the City's investment strategy. • Annual Review of Investment Policy: Conducting an annual review of the City's investment policy to incorporate changes in regulations and align with evolving financial goals.
Exhibit A
1 | Page
Request for Proposals (051424) for
Asset Management Services
CITY OF CONCORD
REVISED FEE OFFER
On behalf of Chandler Asset Management, Inc. (Chandler or Firm), we thank City of Concord (City) for the opportunity to provide a revised fee for your consideration. Due to our strong desire to work with the City as a fellow California entity, we have updated the fee schedule based on the total portfolio of assets under our management and inclusive of all services provided by our Firm.
Please note Chandler does not charge fees on funds held in vehicles not directly under our management, including Local Government Investment Pools and internally managed liquid funds. We will consolidate these funds in our reports to the City at no extra charge, providing a 360 -degree view of the entire investment program. Our proposed f ees are firm for the entire contract term , and the City will not be subject to any increases during this period.
Annual Fee Schedule for the City
Assets Under Management Revised Offer
First $50 million 0.8 of 1% (8 basis points)
Next $150 million 0.6 of 1% (6 basis points)
Over $200 million 0.5 of 1% (5 basis points)
Consolidated Reporting Waived
If you have any questions about this proposal, please do not hesitate to contact me directly at (858) 546-3737, or via email at [email protected].
Sincerely,
CH
ANDLER ASSET MANAGEMENT, INC.
Ni
cole Dragoo, CEO
Chief Executive Officer
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EXHIBIT “B”
CONSULTANT shall procure and maintain for the duration of the contract insurance against claims from injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by CONSULTANT, their agents, representatives, employees or subcontractors.
MINIMUM SCOPE OF INSURANCE.
Coverage shall be at least as broad as:
1. Commercial General Liability Policy: CONSULTANT shall maintain during the term of this Agreement a 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 CITY, its officers, officials, agents, employees, or volunteers. CONSULTANT’s insurance coverage shall be primary insurance with respect to CITY, its officers, officials, agents, employees, and volunteers. Any insurance, risk pooling arrangement, or self-insurance maintained by CITY, its officers, officials, agents, employees, or volunteers shall be in excess of CONSULTANT’s insurance and shall not contribute with it.
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 CITY, furnish proof that Workers' Compensation Insurance is being maintained by it in force and effect in accordance with the California Labor Code. The insurer shall also agree to waive all rights of subrogation against the CITY, its officers, officials, agents, employees and volunteers for losses arising from work performed under this Agreement. This provision shall not apply upon written verification by CONSULTANT that CONSULTANT has no employees.
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If CONSULTANT maintains broader coverage and/or higher limits than the minimums shown above, the CITY requires and shall be entitled to the broader coverage and/or higher limits maintained by CONSULTANT. A lapse in any required insurance coverage during this Agreement shall be a breach of this Agreement.
The policies are to contain, or be endorsed to contain the following provisions:
1. Additional Insured. CITY, its officers, officials, agents, employees, and volunteers are to be covered as an additional insured as respects: Liability arising out of activities performed by or on behalf of CONSULTANT and operations of CONSULTANT, premises owned, occupied, or used by CONSULTANT. The coverage shall contain no special limitations on the scope or protection afforded to CITY, its officers, officials, agents, employees, or volunteers.
Except for worker's compensation and professional liability insurance, the policies mentioned in this subsection shall name CITY as an additional insured and provide for notice of cancellation to CITY. CONSULTANT shall also provide timely and prompt notice to CITY if CONSULTANT receives any notice of cancellation or nonrenewal from its insurer.
2. Primary Coverage. CONSULTANT'S insurance coverage shall be primary insurance with respect to CITY, its officers, officials, agents, employees, and volunteers. Any insurance, risk pooling arrangement, or self-insurance maintained by CITY, its officers, officials, agents, employees, or volunteers shall be in excess of CONSULTANT'S insurance and shall not contribute with it.
3. Reporting Provisions. Any failure to comply with the reporting provisions of the policy shall not affect the coverage provided to the CITY, its officers, officials, agents, employees, or volunteers.
4. Verification of Coverage. CONSULTANT shall furnish CITY with certificates of insurance and the original endorsements effecting coverage required by this Agreement. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The aforementioned policies shall be issued by an insurance carrier having a rating of Best A-7 or better which is satisfactory to the City Attorney and shall be delivered to CITY at the time of the execution of this Agreement or before work commences. Such policies and certificates shall be in a form approved by the City Attorney. CITY reserves the right to require complete certified copies of all required insurance policies at any time.
5. Inclusion in Subcontracts. To the extent any of the services required of CONSULTANT under this Agreement are subcontracted to a third party, CONSULTANT shall include all of the provisions of this Section in all such subcontracts as obligations of the subcontractor.
Staff Report
Date: August 27, 2024
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kevin Marstall, PE, Director of Community Development Carlton Thompson, PE, City Engineer
Bernard Enrile, PE, CIP Manager
Prepared by: Kevin Wheat, PE, Associate Civil Engineer
[email protected]
(925) 671-3422
Subject: Considering:
1. Rejection of all bids submitted for the Civic Center Fountain Restoration Project (Project No. 2708); and
directing staff to re-advertise the project for bids.
2. Approve of a budget transfer in the total amount of
$300,000 to the Civic Center Fountain Restoration Project (Project No. 2708) from the Meadow Lane & Market Street Paving Project. (Fund 407 - Measure V, Project No. 2582) CEQA: Exempt/not a project pursuant to Public Resources Sections 21065, 21080(b)(5), CEQA Guidelines Sections
15060(c)(2), 15061(b)(3), 15270, and/or 15378.
Report in Brief
The second construction advertisement of the Civic Center Fountain Restoration Project (Project) recently occurred. See attached location map (Attachment 1). The project would repair leaks (cracks) and waterproof the existing floor and walls of the fountain surrounding the Council Chamber building so it can be re-filled with water. The scope of work also involved encasing the recently installed HVAC pipes in concrete, and testing of functionality on the existing fountain system, pumps, and filters. The scope of work for the second bid advertisement was significantly reduced from the first, removing
4.k4.k4.k
City Council Agenda Report
Agenda Item No.4.k
August 27, 2024
revocable bid items such as new electrical wiring and items related to restoring all the existing fountain heads and light fixtures.
The Project was designed and competitively bid for a second time (see Attachment 2 – Bid Summary). The City of Concord (City) received two bids, one determined to be non- responsive and the other higher than the Project’s construction budget. As a result, City staff (Staff) will evaluate design alternatives with a goal of identifying a more cost- effective waterproofing method and anticipates re-advertising the Project again later.
Currently, the waterproofing work in the fountain is not anticipated to be complete until spring or summer 2025.
There is currently no budget for this Project. A budget transfer into the project is required to fund the ongoing project management and design work, future construction support and inspection costs, and a future construction contract for all the crack repairs, concrete work, and waterproofing of the fountain surface (based on the previous bid prices received to date).
Recommended Action
1. Reject all bids submitted for Civic Center Fountain Restoration Project (Project No. 2708) and direct staff to re-advertise the project for bids; and
2. Approve a budget transfer in the total amount of $300,000 to the Civic Center Fountain Restoration Project (Project No. 2708) from the Meadow Lane & Market Street Paving Project (Fund 407 - Measure V, Project No. 2582); and
3. Make the CEQA determinations as provided in this staff report.
Background
The Civic Center Fountain was first constructed with the Civic Center’s original construction in the 1950s. There have been periods within the last two decades where it was emptied for various reasons, sometimes due to repairs, drought, or significant maintenance needs. The fountain has also experienced significant vandalism over the last fifteen years as wiring, fountain heads and light fixtures have all been stolen.
The fountain has remained empty since approximately 2019 due to drought, leaks, missing wiring, and the need to replace a leaking HVAC pipe that previously ran under the it to the Council Chamber. Now that the City has completed the HVAC Pipe Replacement Project (City Project No. 2564) for the Council Chamber building, the fountain area can be repaired, resurfaced, and restored to full operation.
The Project was first advertised for bids in May 2024, and City Council (Council) approved rejection of all bids at the June 25, 2024, Council meeting due to the extremely high cost of the one bid received, well over the City’s engineer’s estimate.
Staff was directed to re-advertise the Project, which occurred at the earliest available date in July.
City Council Agenda Report
Agenda Item No.4.k
August 27, 2024
Analysis
The Project was re-advertised in early July, with a reduced scope of work that included resurfacing the existing fountain floor and walls with a multi-layer waterproof coating and testing of the fountain system. The goal of the reduced scope was to get more bids and to lower costs to the Project. The re-advertisement did not include any electrical work, nor pump, filter or replacement fountain or light fixtures.
The Project is currently unfunded however Staff has set aside funding for a budget transfer, to fund a future construction contract, staff time, inspection, and the recommended authorized contingency amount for contract change orders.
Although one bid received was within the Engineer’s Estimate and Project budget, it was deemed non-responsive. Because the second low bid amount would put the Project over budget (even after the proposed budget transfer), Staff is recommending rejecting all bids again, and will evaluate methods for completing the waterproofing work with the goal of rebidding and having multiple bids come in that are within the project budget.
Procurement Process
Construction Contract: The Project was advertised for construction bids as required by State law and City policy. The Engineer’s Estimate for the Total Bid was approximately $200,000. Bids were opened July 25, 2024. Two (2) bids were received in the amounts of $187,407.50 and $298,798.00. The basis of award for this Project is the Total Base Bid. The lowest bid (non-responsive) was received from Top Line Engineers Inc. out of Hayward, CA. The second low bid was received MVP Construction LLC (MVP) of Pacheco, CA. The bid summary is attached (See Attachment 2).
Top Line Engineering’s bid was deemed non-responsive due to not signing their Bid Form, and MVP’s was well above the project’s estimated construction budget. Because of this, Staff recommends rejecting all bids for a second time.
The City’s Purchasing Ordinance (Concord Municipal Code Chapter 3.10) allows the City to reject all bids and (among other things) re-advertise. Staff will consider modifications to the scope of work before re-advertising, or potentially informal bidding.
Financial Impact
The Project is currently unfunded, however Staff still recommends transferring money into the Project to award a construction contract in the future (based on the low bid amount), as well as to provide funding for Staff time involved with managing the project, as well as future construction support and inspection to be provided by a consultant.
Staff recommends approval of a budget transfer in the total amount of $300,000 to the Civic Center Fountain Restoration Project (Project No. 2708) from the Meadow Lane & Market Street Paving Project (Fund 407 - Measure V, Project No. 2582), which is a completed project.
City Council Agenda Report
Agenda Item No.4.k
August 27, 2024
Environmental Determination
The rejection of a bids is exempt from the California Environmental Quality Act ("CEQA") pursuant to Public Resources Code Section 21080(b)(5) and CEQA Guidelines Section 15270, which state that CEQA does not apply to "projects which a public agency rejects or disapproves.". and budget transfers are not considered a project under CEQA guidelines Section 15273. In the alternative, this activity does not constitute a “project” and/or is exempt from environmental review pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c)(2), and/or 15378 because there is no potential that it will result in a direct or reasonably foreseeable indirect physical change in the environment, Even if the activity does comprise a project for CEQA analysis, it falls within the “common sense” CEQA exemption set forth in CEQA Guidelines Section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. Individual projects will undergo CEQA analysis as necessary.
Public Contact
The City Council Agenda was posted.
Attachments
1. Vicinity Map
2. Bid Summary
ATTACHMENT 1 – LOCATION MAP
COUNCIL CHAMBER FOUNTAIN / MOAT
City of Concord
Bid Sheet
PROJECT #2708 Bid Opening:
Civic Center Moat Restoration Wednesday,
July 25, 2024
3:00 p.m.
Garden Conference Room
Engineer’s Estimate: $200,000.00 To be rejected: 8/27/24
COMPANY TOTAL BID
Top Line Engineers Inc
23196 Clawiter Road
Hayward, CA 94545 NON RESPONSIVE BID
*
$187,407.50
MVP Construction LLC
428 N. Buchanan Circle #15
Pacheco, CA 94553
$298,798.00
Co
ntact: Kevin Wheat x3422
Attachment 2
Staff Report
Date: August 27, 2024
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Justin Ezell, Assistant City Manager
Prepared by: Joelle Fockler, MMC, City Clerk
[email protected]
(925) 671-3390
Subject: Considering revising Policy and Procedure No. 2 to define the mayoral rotation.
Report in Brief
On April 23, 2024, the City Council referred to the Council Committee on Policy Development and Internal Operations a discussion on a defined process for the annual selection of Mayor. The Committee (Birsan/Obringer) is recommending revising Policy and Procedure No. 2 (Attachment 1) to define the mayoral rotation.
Recommended Action
Approve revisions to Policy and Procedure No. 2 to define the mayoral rotation as follows:
If there is only one nomination for the position of Mayor, they will be appointed. In the event of two or more nominations, the candidate who has not been the Mayor the longest going back from the current term shall be appointed. If tied, the candidate with the highest percentage of votes in their last election shall be appointed.
If a Councilmember declines to accept the position of Mayor or Vice Mayor, then the City Clerk will request alternative nominations for Mayor and/or Vice Mayor from the Council.
A Councilmember nominated by this process must receive confirmation by a majority of the Councilmembers to serve in the capacity of Mayor or Vice Mayor.
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City Council Agenda Report
Agenda Item No.5.a
August 27, 2024
Background
On February 6, 2024, the City Council referred a discussion on codifying a defined process for the annual selection of mayor to the Council Committee on Policy Development and Internal Operations (PDIO) (Birsan/Obringer). The PDIO met on March 6, 2024, and directed staff to return to the City Council with a staff report bringing forth the Committee’s recommendation that Council codify its approach for selecting the mayor in an ordinance and outlining the Town of Danville’s current process along with a process Mayor Birsan suggested at the March 6 meeting.
On April 23, 2024, the City Council considered the item and directed the item back to the PDIO requesting that the PDIO either refine the language presented on April 23 or recommend a different approach for a defined mayoral rotation in Concord.
Analysis
The PDIO met on June 26, 2024, and discussed various options of mayoral selection.
Following discussion, the committee directed staff to return to the City Council with a staff report bringing forth the Committee’s recommendation to revise Policy and Procedure No. 2 to define the mayoral rotation. The Committee recommendation includes slight textual changes made by staff to provide clarity:
If there is only one nomination for the position of Mayor and one for Vice Mayor, they will both be appointed. In the event of two or more nominations for a single position, the candidate who has not held the position the longest going back from the current term shall be appointed. If tied, the candidate with the highest percentage of votes in their last election shall be appointed.
If a Councilmember declines to accept the position of Mayor or Vice Mayor, then the City Clerk will request alternative nominations for Mayor and/or Vice Mayor from the Council. A Councilmember nominated by this process must receive confirmation by a majority of the Councilmembers to serve in the capacity of Mayor or Vice Mayor.
Financial Impact
A defined mayoral rotation does not have a financial impact.
Public Contact
The City Council Agenda was posted.
Attachment
1. Redline Policy and Procedure No. 2
CITY COUNCIL MEETING PROCEDURES
1. PURPOSE
To provide a procedural guide for the conduct of City Council meetings, including the preparation of agendas and minutes.
2. BACKGROUND
The City Council convenes regular and special meetings to conduct its business in accordance with California's open meeting law (the Brown Act, Government Code Section 54950 et seq.). A range of business matters come regularly before the City Council, including items requiring public discussion or a public hearing, routine items requiring formal action, and information items. To further the public interest, the City Council determines that it must focus its time and attention on the consideration of policy items, delegating to City staff those matters of an administrative nature. The City Council therefore sets forth herein a methodology for the expeditious and proper handling of City Council meetings, and for preparation of agendas and minutes. In the event of any conflict between these local procedures and State law, the provisions of State law shall govern. Except when prohibited by law or by a specific provision of this policy requiring a supermajority vote, the City Council by majority vote may waive or modify any of the procedural rules contained herein.
3. CITY COUNCIL MEETINGS
All meetings of the City Council shall be open to the public, except as provided by law.
3.1 Regular Meetings. Pursuant to Concord Municipal Code Section 2.05.010, regular meetings of the City Council shall be held in the Farrel A. Stewart Civic Center, 1950 Parkside Drive, Concord, California unless the meeting agenda identifies another location. Regular meetings shall be held on the first, second and fourth Tuesday of each month, or as otherwise reflected on a City Council-approved meeting calendar. The Council agenda may reserve around 5:00 p.m. to 6:00 p.m. for non-hearing items, including closed sessions and study sessions. No public hearing shall commence before 6:00 p.m. No public hearing shall commence after 10:00 p.m. without a majority vote of the City Council. No new items may be heard after 11:00 p.m. without a majority vote of the City Council. The City Clerk shall post an agenda, as required by Government Code Section 54954.2, specifying the time and the location of the meeting.
3.2 Special Meetings. The presiding officer or a majority of the City Council may call a special meeting at any time in accordance with Government Code Section 54956.
3.3 Study Sessions. Study sessions may be conducted as part of a regular or special meeting. Study sessions may be scheduled as deemed necessary or desirable for exchanging information and providing direction to City staff prior to final action by the City Council.
3.4 Closed Sessions. The City Council may, from time to time, meet in closed session, not open to the public or the news media, to discuss litigation, real estate negotiations, personnel matters, labor relations, and other matters authorized by the Brown Act. The City Attorney shall prepare the agenda description for each closed session item.
3.5 Emergency Meetings. Emergency meetings may be called without complying with the 24-hour notice requirement in accordance with Government Code Section 54956.5.
CITY OF CONCORD
Number:
Authority:
Effective:
Revised:
Reviewed:
Initiating Dept.:
2 Council Motion
12-07-70
1-9-2024
CM
POLICY & PROCEDURE
Attachment 1
POLICY & PROCEDURE NO. 2
4. MEETING CONDUCT
At the time scheduled for each regular or special meeting, the members of the City Council, the City Manager, the City Clerk, the City Attorney, and such Department Heads or others as have been requested to be present, shall meet in the Council Chamber or other meeting location as designated in the posted agenda. The business of the City Council shall be conducted in substantially the manner herein provided. In situations not expressly governed either by State law or these procedural rules, the City Council may proceed in accordance with the parliamentary rules set forth in the revised version of Rosenberg’s Rules attached hereto. Failure to follow these procedural rules or the revised version of Rosenberg’s Rules shall not invalidate a City Council action.
4.1 Quorum and Voting. Three members of the City Council shall constitute a quorum for the transaction of business. When there is no quorum, the Mayor shall adjourn the meeting, or if no member of the City Council is or will be present, the City Clerk shall adjourn the meeting. Notice of adjournment shall be posted as required by Government Code Section 54955. For the purpose of considering any item subject to vote of the City Council, when any member of the City Council is disqualified due to a conflict of interest, his/her presence shall not be considered in determining the existence of a quorum. Consideration of such items shall be deferred until a quorum of disinterested Councilmembers is present to discuss and vote on the items unless otherwise authorized by the Political Reform Act (Government Code Section 87100 et seq.) and the Fair Political Practices Commission Regulations. Except as otherwise provided by law, a majority of the Councilmembers present and voting shall be sufficient to approve an action, provided, however, that at least three votes are required for the passage of any ordinance, resolution, or orders for the payment of money pursuant to Government Code Section 36936.
4.2 Rules of Debate. A motion must be seconded before it can be discussed. A second merely implies that the seconder agrees that the motion should come before the City Council and not that the seconder is in favor of the motion. A second may be withdrawn for any reason before the motion is voted on.
4.21 Recognition. Every member of the City Council desiring to speak shall address the Mayor and, upon recognition by the Mayor, shall confine him/herself to the question under debate.
4.22 Rights of Mayor. The Mayor may move, second, and debate any item before the City Council subject only to such limitations of debate as are imposed by these rules on all members of the City Council and shall not be deprived of any of the rights or privileges of a member of the City Council, including the right to vote on all motions and other actions of the City Council.
4.23 Interruptions. No member of the City Council, once recognized, shall be interrupted when speaking unless it is to call him/her to order or as otherwise provided herein. If a member of the City Council is called to order while speaking, s/he shall cease speaking until the question of order is determined and, if in order, shall be permitted to proceed.
4.24 Motion to Reconsider. A motion to reconsider any action taken by the City Council may be made only by a member of the Council who was on the prevailing side of the vote, but may be seconded by any member of the City Council and requires a majority vote of the City Council for approval.
No matter shall be reconsidered more than once. Any action of the Council which cannot be reversed cannot be reconsidered.
4.241 Timing of Motion. A motion to reconsider may be made at any time during the meeting at which the action was taken, but not at any adjournment or continuance of that meeting.
4.242 Effect of Approval. Upon approval of a motion to reconsider, the prior action shall be set aside in its entirety; and the underlying matter shall be scheduled for consideration at the earliest feasible City Council meeting and shall be re-noticed pursuant to Concord Municipal Code Sections 2.05.050 or 2.05.050 or other applicable laws.
4.243 Rescission, Repeal or Amendment. The reconsideration rules contained in this Policy
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& Procedure shall not limit the City Council's inherent authority to rescind, repeal, or amend its prior actions in situations where it is not precluded from doing so under applicable laws.
4.3 Addressing the Council. Each person wishing to address the City Council is requested to fill out and return to the City Clerk a speaker card containing the speaker’s name, address and item on which he/she is interested in addressing the Council, and the speaker’s position on the item to be addressed. All information on the speaker card is a public record and may be subject to disclosure under the California Public Records Act. The Mayor shall use the speaker's card to determine whether a time limit is necessary for the item to be discussed, to arrange the order of presentation of testimony before the City Council and to recognize speakers. The Mayor shall recognize anyone desiring to address the City Council even if a speaker card has not been filled out. After having received permission from the Mayor to address the City Council, each person shall come to the microphone and may give his/her name for the record before speaking. The Mayor will also endeavor to call for additional speakers before closing comment on an item. All remarks shall be addressed to the City Council as a body. No person other than a member of the City Council and the person having the floor shall enter into any discussion without permission of the Mayor. Any person following this procedure shall have the right to be heard during the public comment period or at the time the City Council considers any items of business listed on the agenda.
4.31 Spokesperson for a Group of Persons. Whenever any group of persons wishes to address the City Council on the same subject matter, it shall be appropriate for the Mayor to request that a spokesperson be chosen by the group to address the Council, to specify a time limit, and in case additional matters are to be presented at that time by any other member of the group, to limit the number of speakers to avoid repetition.
4.4 Decorum
4.41 Council. Members of the City Council must preserve order and decorum and shall not, by conversation or otherwise, delay or interrupt the proceedings or peace of the City Council in any way, or disturb any other member of the City Council while speaking, or refuse to obey the orders of the City Council or the Mayor, except as otherwise herein provided.
4.42 All Persons. No person speaking may make any unduly repetitive, irrelevant, personal, impertinent, slanderous, profane, loud, threatening, or abusive remark to any member of the City Council, City staff, or the general public, which actually disrupts, disturbs, or otherwise impedes the orderly conduct of the meeting. No person may bring into the Council Chamber any device, sign or object that may cause disruption of the meeting, or obstruct others attending the meeting from participating in, hearing, or seeing the meeting proceedings. Any person who makes such remarks, or who engages in any other disorderly conduct which actually disrupts, disturbs, or otherwise impedes the orderly conduct of any City Council meeting may, at the discretion of the Mayor or the City Council majority, be barred from further comments during that meeting, or subjected to enforcement actions pursuant to Section 4.43.
4.43 Enforcement. The Chief of Police, or his/her authorized representative, shall be the ex-officio Sergeant-at-Arms of the Council. S/he shall carry out all orders and instructions of the Mayor for the purpose of maintaining order and decorum in the City Council meeting room. Upon instructions of the Mayor, it shall be the duty of any police officer present to remove from the City Council meeting room any person in the audience who engages in conduct prohibited pursuant to Section
4.42 at a City Council meeting, and to place under arrest any person who is violating the law.
4.5 Duties of Mayor. The Mayor shall assume his/her place and duties immediately following his/her election by the City Council.
4.51 Call to Order. At the hour appointed for the meeting, the Mayor shall call the City Council to
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order. The Mayor shall serve as the presiding officer for all City Council meetings. In the Mayor’s absence, the Vice Mayor shall serve as the presiding officer. In the absence of both the Mayor and Vice Mayor, the most senior Councilmember (in consecutive years served on the City Council) shall serve as the presiding officer; if there is a seniority tie, the Councilmember who received more votes during their latest elections shall serve as the presiding officer. Upon the arrival of the Mayor, the Vice Mayor shall relinquish the chair at the conclusion of the business item then before the City Council; upon the arrival of the Mayor or the Vice Mayor, the presiding officer shall relinquish the chair at the conclusion of the business item then before the City Council.
4.52 Changes to the Order of Business. The Mayor may change the order of business as shown on the meeting agenda at any time during the meeting as deemed necessary or convenient.
4.53 Additional Duties.
a. The Mayor shall preserve strict order and decorum at all meetings, have the power to limit the time of any speaker from the floor, state questions coming before the City Council, and announce the City Council's decision on all subjects.
b. The Mayor shall have the authority to rule on procedural matters relating to the conduct of City Council meetings. Any procedural rulings or other actions of the Mayor may be overruled by a majority vote of the City Council.
c. The Mayor shall sign all ordinances, contracts and other documents approved by the City Council, except if a conflict of interest exists or authority to execute documents has been delegated to the City Manager or another representative of the City. d. The Mayor may, from time to time, announce appointments to ad hoc advisory committees composed solely of less than a majority of the members of the City Council; the announcement of such appointments shall appear on the posted agenda, but shall not require City Council approval. The Mayor may also propose appointments to standing committees and regional bodies, subject to confirmation by a majority of the City Council. e. The Mayor may make declarations of special dates and recognition awards on behalf of the City, such declarations to be detailed in the subsequent correspondence and reports to Council.
f. The Mayor may declare a meeting adjourned if the end of the agenda has been reached or there is no further business.
4.6 Roll Call. Before proceeding with the business of the City Council, the City Clerk shall call the roll of the members of the City Council, and the names of those present shall be entered in the minutes.
4.7 Public Comment Period.
4.71 Public Comment on Non-Agenda Items. The agenda for every regular City Council meeting shall include a public comment period. Members of the public may address the City Council during this period on any subject that is within the jurisdiction of the City Council and not listed on the agenda.
Individual public comments shall be limited to three minutes, and the total duration of the public comment period shall not exceed fifteen minutes, before items scheduled on the agenda are considered, unless an increase or decrease of time is ordered by the Mayor. If public comment of longer than fifteen minutes is to be conducted, it will be taken following conclusion of the consideration of scheduled items.
4.72 Public Comment on Agenda Items. The agenda for every regular or special City Council meeting shall include the opportunity for members of the public to address the City Council before or during the Council’s consideration of any item on the agenda, including items on the Consent Calendar.
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Persons addressing the Council shall be limited to three minutes, unless an increase or decrease of time is ordered by the Mayor. The Mayor may allow extra time for the applicant, appellant, or other person or entity directly involved in the decision.
4.8 Adoption of Consent Calendar. Adoption of the Consent Calendar may be made by one motion of the City Council, provided that any Councilmember, individual or organization in attendance may request removal of an item from the Consent Calendar for separate consideration. If a request for removal of an item from the Consent Calendar has been timely received, the Mayor may defer action on the particular item and place the same on the regular agenda for consideration in any order s/he deems appropriate.
4.9 Voting.
4.91 Roll Call Vote. Any Councilmember may request a roll call vote to be taken and recorded on any motion. Whenever a roll call vote of the City Council is in order, the City Clerk shall call the roll as follows:
4.911 Maker of the motion.
4.912 Seconder of the motion.
4.913 The balance of the City Council in alphabetical order except that the Mayor is called last, unless the Mayor is the maker or seconder of the motion.
4.92 Silence Constitutes Affirmative Vote. In all voting, unless a member of the City Council states s/he is not voting, his/her silence shall be recorded as an affirmative vote.
4.93 Ex Parte Communications. Whenever the City Council is sitting in a quasi-judicial capacity to weigh facts and evidence on a permit application, appeal, or other quasi-judicial matter, each Councilmember shall, once the agenda item is called, disclose for the record any ex parte communications or site visits and information received outside of the meeting, so that all Councilmembers, parties and opponents have the same information received by the Councilmember, and an opportunity to consider and/or respond to such information.
5. AGENDA
5.1 Preparation. The City Manager shall prepare an agenda for each City Council meeting, except for Closed Session per Section 3.4, and shall submit the draft agenda to the City Attorney for legal review. If after the regular agenda is prepared the City Manager determines that additional items should be placed thereon, a supplemental or revised agenda shall be posted in accordance with the provisions of Government Code Sections 54954.2 or 54956 as appropriate. The agenda shall contain a brief general description of each item of business to be transacted or discussed at the meeting. While not required by law, in the interest of transparency, City staff shall endeavor to include the monetary amount and source of funds of consultant, construction, employee, and similar contracts in applicable agenda descriptions; however failure to do so shall not invalidate or affect the adequacy of the agenda description or notice to the public.
5.11 Notice/Posting. At least seventy-two (72) hours before a regular meeting of the City Council an agenda shall be posted and mailed as required by law. The agenda shall specify the time and location of the regular meeting and shall be posted in a location that is freely accessible to members of the public, including on the City website, pursuant to Government Code Section 54954.2.
5.12 Non-Agenda Items. No action or discussion shall be undertaken on any item not appearing on the posted agenda, except as expressly permitted pursuant to Government Code Section 54954.2.
Councilmembers or staff may briefly respond to statements made or questions posed by persons speaking during the public comment period. In addition, on his/her own initiative or in response to questions posed by the public, a Councilmember or staff may ask a question for clarification, make a brief announcement, or make a brief report on his or her activities. Furthermore, the City Council or an individual Councilmember with the concurrence of the Council majority may provide a
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reference to staff or to other resources for factual information, request staff to report back to the City Council at a subsequent meeting concerning any matter, or take action to direct staff to place a matter of business on a future agenda. Finally, the City Council may take action on items of business not appearing on the posted agenda under any of the following conditions:
5.121 Upon a determination by a majority vote of the City Council that an emergency situation exists as defined in Government Code Section 54956.5.
5.122 Upon a determination by a two-thirds (2/3) vote of the Councilmembers present at the meeting, or if less than two-thirds (2/3) of the members are present, a unanimous vote of those members present, that there is a need to take immediate action and that the need to take action came to the attention of the City subsequent to the agenda being posted. For a five person City Council, the 2/3 requirement means four of five, or three of four, Councilmembers.
5.123 The item was posted in accordance with this Policy & Procedure for a prior meeting of the City Council occurring not more than five (5) calendar days prior to the date action is taken on the item, and at the prior meeting the item was continued to the meeting at which action is being taken.
5.13 Special Meetings. As required by Government Code Section 54956, a written notice of each special meeting shall be delivered to each member of the City Council, and to each local newspaper, radio, or television station that has a written request for notice on file with the City. The notice shall be delivered and posted in a location freely accessible to the public at least 24 hours before the time of the special meeting, and shall state the time and place of the special meeting and all items of business to be transacted or discussed. Only matters described in the agenda may be considered at the meeting.
5.2 Consent Calendar. Items which are not expected to require public discussion may be grouped together and listed under the Consent Calendar. Typically, these will consist of routine and non-controversial items.
5.3 Ordinances. Upon the item being called, the City Clerk or City Attorney shall read the title of the ordinance in full. Thereafter, any member of the City Council may move to waive further reading of the ordinance and either introduce or adopt the ordinance pursuant to State law.
5.4 Public Hearings and Consideration Items. Legal publication, posting, and mailing will be carried out pursuant to law.
5.5 Continuances.
5.51 The City Council may, in its discretion, continue any item of business to a subsequent meeting.
5.52 Items that are not continued to a date certain or are continued for further hearing or action for a period longer than thirty (30) days from the City Council meeting shall be renoticed at the applicant/appellant's expense.
5.6 Urgency Ordinances. The City Council may adopt an urgency ordinance as provided by State law. Non- planning urgencies are governed by Government Code Section 36937(b). Planning urgencies are governed by Government Code Section 65858. Urgency ordinances not requiring a public hearing may be placed on an agenda for City Council action in accordance with the provisions of Government Code Section 54954.2.
5.7 Written Staff Reports. Staff reports and/or resolutions shall be prepared if directed by the City Manager or otherwise required by law. In advance of the meeting, copies of the final versions of any such staff report or resolution shall be made available to the City Council, the news media, and persons who have requested advance copies thereof.
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5.71 Benched Documents. Any public records provided to the City Council subsequent to the posting of the agenda, and changes to the staff report, resolutions, contracts, and other City materials, shall be made available upon request as provided in Government Code Section 54957.5.
5.72 Plans. Plans provided by an applicant, appellant, and/or his/her/its representative to City staff or to the City Council in connection with an agenda item may be reduced in size and published together with or as part of such agenda item; reduced-sized plans use for such purpose shall become a public record subject to disclosure under the Public Records Act.
6. AGENDA DISTRIBUTION
6.1 Agendas which have been copied and distributed to the City Council will be made available to the public at the same time and at City Council meetings.
6.2 Agendas of regular and special meetings will be provided to all individuals who subscribe to an annual mailing service.
6.3 Individuals or organizations whom the City believes may be affected by an agenda item may, as a courtesy, be mailed an agenda to advise when the item is scheduled to be considered by the City Council.
6.4 The agenda shall be posted in the display case located near the Parkside Drive entrance to the Civic Center and on the City’s website not less than seventy-two (72) hours in advance of each regular meeting and not less than twenty-four (24) hours prior to each special meeting of the City Council. A log shall be maintained of the time and date each agenda is posted.
7. MINUTES
7.1 Official Record. The official minutes of the City Council shall be kept by the City Clerk. The City Clerk shall be required to make a record only of such business as was actually voted upon by the City Council and shall not be required to record any remarks of any member of the City Council or of any other person, except at the special request of a member of the City Council during that meeting. The City Clerk shall enter into the minutes a brief summary of the reasons for dissent from or protest against any action of the Council if any member of the City Council so requests it during that meeting. Names of persons addressing the City Council, the title of the subject matter to which their remarks related, and whether they spoke in support of or in opposition to such matter shall be entered in the minutes.
7.2 Recordings. As an aid to the preparation of minutes, the City Clerk shall arrange to have recordings made of all regular and special City Council meetings, except for workshops and closed sessions. The City Clerk is not required to have recordings made for meetings when no recording is needed to assist in the preparation of minutes. The recordings may be destroyed after the City Council approval of minutes in accordance with the Records Retention Schedule, unless the City Attorney requests retention of a particular recording.
7.3 Approval of Minutes. The City Clerk shall attach a copy of the minutes to the agenda for the meeting at which the minutes are proposed to be approved. The City Council may request minor clarification and corrections as necessary. The minutes may be approved without reading.
8. ORGANIZATION OF CITY COUNCIL
The City Council shall annually reorganize., choosing from amongst its members who should serve as Mayor and Vice Mayor for the coming year. If there is only one nomination for Mayor and one for Vice Mayor, they will both be appointed. In the event of two or more nominations for a single position, the candidate who has not held the position the longest going back from the current term shall be appointed. If tied, the candidate with the highest percentage of votes in their last election shall be appointed.
If a Councilmember declines to accept the position of Mayor or Vice Mayor, then the City Clerk will request alternative nominations for Mayor and/or Vice Mayor from the Council. A Councilmember nominated by this
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process must receive confirmation by a majority of the Councilmembers to serve in the capacity of Mayor or Vice Mayor.
8.1 Term of Mayor. The appointment of the Mayor is for a one-year term.
8.2 Term of Vice Mayor. The appointment of Vice Mayor is for a one-year term.
8.3 Seating. Council seating at the dais will be per the attached diagram, or as established by the Mayor.
Staff Report
Date: August 27, 2024
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Justin Ezell, Assistant City Manager
Prepared by: Joelle Fockler, MMC, City Clerk
[email protected]
(925) 671-3390
Subject: Considering revising Policy and Procedure No. 2 to define the mayoral rotation.
Report in Brief
On April 23, 2024, the City Council referred to the Council Committee on Policy Development and Internal Operations a discussion on a defined process for the annual selection of Mayor. The Committee (Birsan/Obringer) is recommending revising Policy and Procedure No. 2 (Attachment 1) to define the mayoral rotation.
Recommended Action
Approve revisions to Policy and Procedure No. 2 to define the mayoral rotation as follows:
If there is only one nomination for the position of Mayor and one for Vice Mayor, they will be appointed. In the event of two or more nominations, the candidate who has not held the position been the Mayor the longest going back from the current term shall be appointed. If tied, the candidate with the highest percentage of votes in their last election shall be appointed.
If a Councilmember declines to accept the position of Mayor or Vice Mayor, then the City Clerk will request alternative nominations for Mayor and/or Vice Mayor from the Council.
A Councilmember nominated by this process must receive confirmation by a majority of the Councilmembers to serve in the capacity of Mayor or Vice Mayor.
Benched Staff Report
Agenda Item No. 5.a
August 27, 2024
Changes in strikeout and red font
City Council Agenda Report
Agenda Item No.5.a
August 27, 2024
Background
On February 6, 2024, the City Council referred a discussion on codifying a defined process for the annual selection of mayor to the Council Committee on Policy Development and Internal Operations (PDIO) (Birsan/Obringer). The PDIO met on March 6, 2024, and directed staff to return to the City Council with a staff report bringing forth the Committee’s recommendation that Council codify its approach for selecting the mayor in an ordinance and outlining the Town of Danville’s current process along with a process Mayor Birsan suggested at the March 6 meeting.
On April 23, 2024, the City Council considered the item and directed the item back to the PDIO requesting that the PDIO either refine the language presented on April 23 or recommend a different approach for a defined mayoral rotation in Concord.
Analysis
The PDIO met on June 26, 2024, and discussed various options of mayoral selection.
Following discussion, the committee directed staff to return to the City Council with a staff report bringing forth the Committee’s recommendation to revise Policy and Procedure No. 2 to define the mayoral rotation. The Committee recommendation includes slight textual changes made by staff to provide clarity:
If there is only one nomination for the position of Mayor and one for Vice Mayor, they will both be appointed. In the event of two or more nominations for a single position, the candidate who has not held the position the longest going back from the current term shall be appointed. If tied, the candidate with the highest percentage of votes in their last election shall be appointed.
If a Councilmember declines to accept the position of Mayor or Vice Mayor, then the City Clerk will request alternative nominations for Mayor and/or Vice Mayor from the Council. A Councilmember nominated by this process must receive confirmation by a majority of the Councilmembers to serve in the capacity of Mayor or Vice Mayor.
Financial Impact
A defined mayoral rotation does not have a financial impact.
Public Contact
The City Council Agenda was posted.
Attachment
1. Redline Policy and Procedure No. 2
Defined Mayoral Rotation
Joelle Fockler, MMC
City Clerk
August 27, 2024
1
Background
2 February 6, 2024 – City Council referred discussion on codifying a defined process for annual selection of Mayor to the Council Committee on Policy Development and Internal Operations (PDIO) (Birsan/Obringer). March 6, 2024 – PDIO met and directed staff to return to Council with recommendation codifying approach for selecting the Mayor in an ordinance.
Background (continued)
3 April 23, 2024 – City Council considered the item and directed the item back to the PDIO requesting that the PDIO either refine the language presented on April 23 or
recommend a different approach for a defined Mayoral
rotation.
June 26, 2024 – The PDIO met, discussed options, and
directed staff to return to City Council with a report bringing forth the Committee’s recommendation to revise Policy and Procedure No. 2 to define the Mayoral rotation.
Recommended Action
4 Approve PDIO recommendation with slight textual
changes made by staff to provide clarity.
Recommended Action
5 If there is only one nomination for the position of
Mayor and one for Vice Mayor, they both will be
appointed. In the event of two or more nominations
for a single position, the candidate who has not held
the position the longest going back from the current
term shall be appointed. If tied, the candidate with
the highest percentage of votes in their last election
shall be appointed.
Recommended Action
6 If a Councilmember declines to accept the position of Mayor or Vice Mayor, then the City Clerk will request
alternative nominations for Mayor and/or Vice Mayor
from the Council. A Councilmember nominated by
this process must receive confirmation by a majority
of the Councilmembers to serve in the capacity of
Mayor or Vice Mayor.
Council
Questions
7