1 COUNCILMEMBERS
Edi E. Birsan, Mayor
Carlyn S. Obringer, Vice Mayor
Dominic D. Aliano
Laura M. Hoffmeister
Laura M. Nakamura
Civic Center
1950 Parkside Drive
Concord, CA 94519
www.cityofconcord.org
Regular Meeting of the
Concord City Council/City
Council Sitting as the
Local Reuse Authority
Tuesday,
December 10, 2024
6:30 p.m. - Open Session Council Chamber
1950 Parkside Drive
and/or Various
telephonic/electronic
locations
*IMPORTANT NOTICE ABOUT PUBLIC COMMENTS AND MEETING PARTICIPATION* Members of the public are invited to attend and participate at: Council Chamber, 1950 Parkside Drive, Concord, CA.
Please note the following change to the City’s public comment procedures: Unless a Councilmember is participating in the meeting remotely pursuant to AB 2449, remote public comment will not be accepted. Public comment may be provided in-person or via email, as set forth below. Members of the public desiring to provide comments as a part of the meeting are encouraged to either submit written comments by 3:00 p.m. prior to the meeting or to attend the meeting in person.
HOW TO PARTICIPATE
The public is invited to participate in the City Council meeting using any of the following methods:
1. IN PERSON:
a.Members of the public can provide in-person comments in the Council Chamber.
Members of the public are encouraged, but not required, to fill out a speaker card. The Council Chamber will have seating available for members of the public to attend in person up to full seating capacity.
2 2. REMOTE: Remote public comment will not be accepted, except when a Councilmember participates remotely pursuant to AB 2449. At the time of the posting of this agenda, none of the Councilmembers have notified the City Clerk’s Office that they intend to participate remotely pursuant to AB 2449, and therefore no remote public comment will be accepted at the meeting. If, after publication of this agenda and before the meeting begins, any councilmember determines that they will need to participate remotely due to just cause or emergency circumstances under AB 2449, their remote participation will be announced at the outset of the meeting in connection with the Roll Call item. If a Councilmember participates in the meeting remotely pursuant to AB 2449, the public may participate and provide public comment remotely, as follows:
a. Zoom:
https://cityofconcord.zoom.us/j/87355905801?pwd=asSCNGVqf5sBxwvGvZYQWqAr4s8IeA.Oovf 5Q8WpSkOlo86 or Zoom Webinar ID: 873 5590 5801 and Passcode: 387498 b.Zoom Phone Numbers. Dial Toll Free: (669) 900-6833 or (346) 348-7799 or (253) 215- 8782.
c.During the meeting, each period for public comment will be announced, and participants may use the “Raise Hand” feature on Zoom to request to speak. If calling in via Zoom use *9 to raise and lower your hand. The meeting host will call on you, by name, and promote you to panelist in the webinar so you can be seen via your camera. Please enable your microphone when it is your turn to speak. In order to ensure the orderly administration of the meeting using this method, providing your name is encouraged, but is not required. (If you need instructions on how to use this feature, please contact the City Clerk by 3:00 p.m. of the meeting date at [email protected]).
3. EMAIL:
a.Public comments can also be submitted via email to [email protected]. Please note that emailed comments will not be read aloud by staff. Any public comments received up until 3:00 p.m. of the meeting date will be:
1. distributed to the Council before the meeting,
2. posted online for public inspection at
https://stream.ci.concord.ca.us/OnBaseAgendaOnline/Meetings/Search, and
3. inserted into the meeting record.
b.As emails containing public meeting comments are part of the official record, note that personal contact information may be published if it is included with your email.
4. TO WATCH OR LISTEN ONLY:
a.Watch on TV on Comcast Channel 28, Astound/Wave Channels 29 and 1026, and AT&T U-verse Channel 99
b.Watch the TV broadcast through the City’s website by following THIS LINK c.Watch Live Streaming of the meeting by following THIS LINK d.Join the Zoom webinar by following THIS LINK
3 5. INTERPRETATION OR WRITTEN TRANSLATION:
OPEN SESSION
1. OPENING
Roll Call – Announcements/Consideration and Approval of Requests by Councilmembers to Participate Remote Pursuant to AB 2449 Pledge of Allegiance – Councilmember Aliano
2. PUBLIC COMMENT PERIOD
This is a 15-minute Public Comment Period for items within the City Council’s subject matter jurisdiction that are not on this agenda. Each speaker will be limited to approximately three minutes.
State law prohibits the City Council from acting at this meeting on any matter raised during the Public Comment Period. Please see “How to Submit Public Comments” above.
3. PRESENTATIONS
a. Presentation – by Samantha Caygill, Regional Public Affairs Manager, East Bay Division, League of California Cites, presenting the City of Concord with a Helen Putnam Award for Excellence in the Economic Development through the Arts category. Introduction by Mayor Birsan.
b. Presentation – of gifts from City of Concord SIster City Kitakami, Japan, by Mike Pastrick and Mary Rae Lehman, Concord Ambassadors. Introduction by Mayor Birsan.
c. Presentation – of the Mayor's Community Service Award. Presentation by Mayor Birsan.
1. To access interpretation or written translation during the meeting, please scan the QR Code or click this link:
Para accesar a la traducción durante la reunion, por favor escanee el Código QR o haga clic en el enlace:
https://attend.wordly.ai/join/SYMQ-8840
2. Choose Language and Click Attend
Seleccione su lenguaje y haga clic en asistir
3. Use a headset on your phone for audio or read the transcript on your device.
Use sus auriculares para escuchar el audio o leer la transcipción en el dispositivo.
4 4. CITY COUNCIL CONSENT CALENDAR
The public is entitled to address the City Council on items appearing on the Consent Calendar before or during the City Council’s consideration of the Consent Calendar. Adoption of the Consent Calendar may be made by one motion of the City Council, provided that any Councilmember, individual or organization may request removal of an item from the Consent Calendar for separate consideration.
If a request for removal of an item from the Consent Calendar has been received, the Mayor may defer action on the particular item and place the same on the regular agenda for consideration in any order s/he deems appropriate. Please see “How to Submit Public Comments” above. a. Considering – approval of a five-year agreement with MJL Enterprises to provide batting cage services at Willow Pass Park; and authorizing the City Manager to execute the Agreement in a form acceptable to the City Attorney.
Recommended by the Director of Recreation Services
CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(2), 15061(b)(3), 15378, 15301, 15302, 15303, 15304, and/or 15305.
b. Considering – authorizing the City Manager to approve and execute a Product and Services Agreement with Active Network, Inc., in a form acceptable to the City Attorney, for recreation management software for an initial three-year term with two automatic renewal periods of two (2) years each at an estimated cost of $119,057 in Fiscal Year 2024/2025, an estimated cost of $121,033 in Fiscal Year 2025/2026, totaling $363,149 for the first three years and $166,660 in Fiscal Year 2030/2031, and over seven years totaling $977,589. Recommended by the Director of Recreation Services.
CEQA: Exempt/not a project pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(3), and/or 15378.
5. CITY COUNCIL REORGANIZATION PROCEEDINGS
The public is entitled to address the City Council on items appearing on the agenda before or during the City Council’s consideration of that item. Each speaker will be limited to approximately three minutes. Please see “How to Submit Public Comments” above a. Considering – adoption of a Resolution declaring and accepting the results of the November 5, 2024, General Municipal Election for the City of Concord.
Report by Joelle Fockler, City Clerk.
b. Recognition – of outgoing Mayor Edi Birsan.
c. Comments – on his year as Mayor. Report by Mayor Birsan. d. Oath of Office – for Councilmembers-elect Benavente and Obringer.
Conducted by Joelle Fockler, City Clerk.
5 e. Considering – Nomination for Mayor and adoption of a Resolution confirming and designating Mayor of the City of Concord. Recommended by the City Clerk.
f. Considering – Nomination for Vice Mayor and adoption of a Resolution confirming and designating Vice Mayor of the City of Concord.
Recommended by the City Clerk.
6. LOCAL REUSE AUTHORITIY REORGANIZATION CONFIRMATION
Correspondence received at the City Council meeting will be listed here on the Annotated Agenda. a. Considering – confirmation of the designation of Mayor and Vice Mayor to serve as the Chair and Vice Chair of the Local Reuse Authority for the Concord Naval Weapons Station Reuse Plan as authorized by Resolution No. 06-01 adopted January 10, 2006. Recommended by the City Clerk.
7. ADJOURNMENT
Next Meeting: Regular Meeting
Date: 1/7/2025 6:00 PM
NOTICE TO THE PUBLIC
There is a 90-day limit for the filing of a challenge in the Superior Court to certain City administrative decisions and orders which require a hearing by law, the receipt of evidence, and the exercise of discretion. The 90-day limit begins on the date the decision is final (Code of Civil Procedure §1094.6). Further, if you challenge an action taken by the City Council in court, you may be limited by California law to raising only those issues you or someone else raised in the hearing or in a written correspondence delivered to the City Council prior to or at the hearing.
In accordance with the Americans with Disabilities Act and California Law, it is the policy of the City of Concord to offer its public programs, services and meetings in a manner that is readily accessible to everyone, including those with disabilities. If you are disabled and require a copy of a public hearing notice, or an agenda and/or agenda packet in an appropriate alternative format; or if you require other accommodation, please contact the ADA Coordinator Tianjun Cao at (925) 671-3243 or [email protected], at least 24 hours in advance of the meeting. Advance notification within this guideline will enable the City to make reasonable arrangements to ensure accessibility.
Staff Report
Date: December 10, 2024
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Steve Voorhies, Director of Parks and Recreation Prepared by: RJ Natal, Recreation Program Manager
[email protected]
(925) 671-3416
Subject: Considering approval of a five-year agreement with MJL Enterprises to provide batting cage services at Willow Pass Park; and authorizing the City Manager to execute the
Agreement in a form acceptable to the City Attorney.
CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections Not a
project/exempt per CEQA Guidelines Sections 15060(c),
15061(b)(2), 15061(b)(3), 15378, 15301, 15302, 15303, 15304, and/or 15305.
Report in Brief
The current agreement with MJL Enterprises, Inc., the operator of the Payless Batting Cages at Willow Pass Park, was from January 1, 2020, to December 31, 2024. MJL Enterprises desire to continue the Payless Batting Cages operations at Willow Pass Park and enter into a new agreement with the City of Concord. The five-year Agreement provides the City’s General Fund with $82,636.44 of revenue.
Recommended Action
Approve a five-year agreement with MJL Enterprises to provide batting cage services at Willow Pass Park, authorize the City Manager to execute the Agreement in a form acceptable to the City Attorney, and make the CEQA determinations as provided in this staff report.
4.a4.a
City Council Agenda Report
Agenda Item No. 4.a
December 10, 2024
Background
On July 26, 1994, the City entered into an Agreement with MJL Enterprises to operate batting cages at Willow Pass Park. The batting cages serve youth baseball and softball players and adult slow-pitch softball participants. Primarily, youth will use the batting cages between February and October, while adult use peaks from March through November. The facility meets the needs of local athletes involved in organized sports programs by providing a convenient and accessible location to use batting cages.
Analysis
This Agreement will start the 31st year of MJL Enterprises providing batting cage services in Willow Pass Park. MJL Enterprise has successfully operated the batting cage operation over the last thirty years with a stellar track record, few customer complaints, and an outstanding safety record.
MJL has agreed to update the facilities by painting and replacing old netting, turf, equipment, and mats.
The proposed new Agreement is for five (5) years, effective January 1, 2025, and terminating on December 31, 2029. It also provides MJL Enterprise the right to exercise a five-year option to renew the Agreement on the existing terms and conditions. The initial annual rent under this Agreement is $16,137.09, representing a 3% increase from the current payment. The annual rent will increase by 3% every other year, with a final amount of $17,119.84 in 2029. In addition, per the Agreement, MJL Enterprises will pay the City for all PG&E costs used to operate batting cages each month.
City Council Agenda Report
Agenda Item No. 4.a
December 10, 2024
Financial Impact
The Agreement secures a positive revenue source even in periods of economic downturn. During the first five (5) year term of the Agreement, the City of Concord general fund will receive a total of $82,636.44. If renewed for an additional five (5) year term, 2030-2034, the City would receive an additional $88,711.59.
Environmental Determination
Pursuant to CEQA Guidelines Sections 15060(c), 15061(b)(2), 15061(b)(3), 15378, and/or Public Resources Code Section 21065 award of this license agreement is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, as it will not result in a direct or reasonably foreseeable indirect physical change in the environment. In the alternative, award of this license agreement is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15301 – Existing Facilities, 15302 -- Replacement or Reconstruction, 15303 – New Construction or Small Structures, 15304 – Minor Alterations to Land, and/or 15305 – Minor Alterations in Land Use Limitations. No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. This determination reflects the City’s independent judgment and analysis.
Public Contact
The City Council Agenda was posted.
Attachment
1. Agreement
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AGREEMENT
THIS AGREEMENT is entered into on January 1, 2025, by and between the City of Concord, a municipal corporation (hereinafter “CITY”), and MJL ENTERPRISES, INC., a California corporation, (hereinafter “MJL”).
WHEREAS, the CITY is the owner and operation of Willow Pass Park (“Park”), located east of Willow Pass Road in the City of Concord, California; and WHEREAS, the CITY is desirous of having batting cages (as defined herein) available to the public at said Park; and
WHEREAS MJL currently operates batting cages at Willow Pass Park and the CITY is pleased with the operator’s performance and wishes to continue the contractual relationship, as hereinafter provided.
NOW, THEREFORE, in consideration of the faithful performance of the terms and conditions set forth in this agreement, the parties hereto MUTUALLY AGREE as follows:
1. Definitions. Whenever used in this agreement, the terms set forth in this section shall have the following meanings:
A. Director. The Director of Recreation Services or any employee designated in writing by the Director of Recreation Services to act on his/her behalf.
B. Batting Cage Facilities. Any and all equipment and facilities within an area designated for batting cages, which includes pro shop, lesson area, and five (5) batting cages.
2. Grant of Privilege. The CITY hereby grants to MJL the exclusive right and privilege to sell and operate batting cage services at Willow Pass Park, East Olivera Road, Concord, California, at the locations designated by the Director. This lease shall be for a term of five (5) years commencing on January 1, 2025, and terminating on December 31, 2029, subject to prior termination by CITY as set forth herein, unless sooner terminated in accordance with this agreement.
A. Renewal Option. Provided MJL is not in default under or has not breached the Agreement, MJL shall have the right to exercise one five-year option to renew this Agreement on the existing terms and conditions for the period January 1, 2030, through December 31, 2034. MJL must exercise the option, not less than ninety (90) days and not more than one hundred eighty (180) days Attachment 1
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28 before December 31, 2034, in writing to the attention of the City of Concord Director of Recreation Services. The Director’s consent shall be required for the option to renew; however, if MJL is not in default under or has not breached the Agreement, the Director’s consent will not be unreasonably withheld or delayed.
3. Fee. Effective January 1, 2025, MJL shall pay to the CITY for the privileges and authority granted under this Agreement as follows:
A. Monthly fee of One Thousand Three Hundred Forty-Four dollars and 76 cents ($1,344.76). This fee will be adjusted to increase three percent (3%) on January 1 of every other calendar year for the entire term of the Agreement and all applicable extensions, with the first increase effective on January 1, 2027.
B. All utility costs associated with batting cage operations paid in full monthly.
4. Date of Payment of Fees. Payment of fees due from MJL to CITY shall be paid on or before the 20 th day of each month, beginning on January 20, 2025. If any payment is not received within 10 days after the due date, a late charge of five percent (5%) shall be added to the amount due.
If any payment is not received within fifteen (15) days of its due date, MJL shall be considered in default of this Agreement, and CITY shall be entitled to the remedies set forth in Section 26 of this Agreement.
5. Waiver. The waiver by CITY of any breach of any term, covenant, or condition of this Lease shall not be deemed to be a waiver of such term, covenant, or condition of any subsequence breach of the same of any other term covenant or condition herein contained. The subsequent acceptance of any sum due hereunder by CITY shall not be deemed to be a waiver of any prior breach by MJL of any term, covenant, or condition of the Agreement other than the failure of MJL to pay the particular sum so accepted regardless of CITY’s knowledge of such prior existing breach at the time of acceptance of such sum.
6. Facility Improvements. MJL agrees to complete the following projects:
A. Eliminate all rusty areas and replace torn or damaged netting, mats, and turf as necessary within the first 6 months of the term of this Agreement.
B. Add a fresh coat of paint to the registration office including the front roof or
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28 paneling within the first 6 months of the term of this Agreement.
C. Replace outdated equipment, like the L Screen and Pitcher's mound in the outdoor cages, along with any unusable items, to improve safety and the user experience by December 2025.
D. Replace all turf in the cages and update all batting box areas by December 2025.
7. Use of Premises. During the entire Agreement term, MJL shall use and occupy those locations at the park designated by the Director for batting cage services and for no other purpose(s) without CITY’s consent. MJL may operate or permit to be operated upon the demised premises coin or token operating food vending machines, or similar devices for the sale or leasing of food and beverages.
MJL shall promptly comply with all laws, ordinances, orders and regulations promulgated by any governmental agency and affecting the cleanliness, safety, occupation and use of the same. MJL shall not perform any acts or carry on any practices that may damage the facilities and improvements used by it, or its employees, at the park or that may be a nuisance or menace to customers.
At all times MJL shall maintain and operate the batting cages in accordance with the highest standards of cleanliness and shall keep them clean and free from rubbish. MJL shall store within an enclosure or enclosures all trash and garbage.
The batting cage facilities shall be open at such times as are determined by the Director, after consulting with MJL, in order to adequately serve the public.
8. Quality and Price Control. Services and merchandise shall be sold at prices comparable to those prevailing for similar services and facilities in the counties of Alameda and Contra Costa and without discrimination. The Director or designee shall have access to and the right to inspect, upon reasonable notice, all schedules of rates or prices for services established by MJL. If the Director, using reasonable discretion, determines that any rate or price charged for services or the quality of said items, is unreasonable or inappropriate for the service rendered, or the portion or quality is inadequate or deficient based on comparative batting cage operation, he/she shall forthwith advise MJL. MJL shall be given a reasonable opportunity to confer with the Director and justify any
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28 rate or price, the portions or quality of the services offered. The failure of MJL to modify its aforementioned prices or rates, portions, or quality as directed by the Director within fourteen (14) calendar days of receipt of written notice shall be cause for CITY to cancel this Agreement pursuant to Paragraph 26 hereon.
9. Operation of Business. MJL shall furnish good, prompt, and efficient service to its customers and shall conduct its operations and business in an orderly and proper manner. The management, maintenance, and operation of the facilities and service shall be under the supervision and direction of a responsible person directly employed by MJL. Employees of MJL who have contact with the public shall wear uniforms supplied by MJL, be clean, courteous, and neat in appearance and demeanor at all times.
10. Equipment & Supplies. MJL shall provide at its own cost and expense and maintain all said equipment and fixtures in a state of good and efficient order and repair during the entire term of this Agreement and keep the facilities furnished and equipped with equipment and fixtures throughout the term of this Agreement which are acceptable to the Director. Said equipment and fixtures shall not become the property of the CITY by reason of their installation at the Park, and if MJL is not in default under this Agreement, it may remove any and all thereof upon the termination of this Agreement (or may remove the same during the term hereof) provided always that any damages resulting to the Park by reason of said removal shall be repaired by MJL at its own cost and expense and to the satisfaction of the CITY. Permanent improvements made at the park by MJL (or the CITY) shall be and become the property of the CITY upon completion and shall be surrendered upon termination of this Agreement.
11. Mechanics’ Liens. MJL shall pay all costs for construction and/or maintenance done by it or caused to be done by it on the premises as permitted by this Agreement. MJL shall keep premises, all buildings, other improvements, and land of which the premises are a part free and clear of all mechanics’ liens resulting from construction and/or maintenance done by or for MJL.
MJL shall have the right to contest the correctness or the validity of any such lien.
Immediately on demand by the City, MJL shall procure and record a lien release bond issued by a corporation authorized to issue any surety bonds in California in an amount equal to one and one-half
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28 times the amount of the claim of the lien. The board shall meet the requirements of Civil Code § 3134 and shall provide for the payment of any sum that the claimant may recover on the claim (together with the cost of the suit if it recovers in the action).
12. Alterations, Repairs and Improvements. MJL shall not make any alterations, repairs, or improvements to the park area in order to accommodate its operations without obtaining the prior written consent of the Director. Request to make any alterations, repairs, or improvements shall be in writing and such alterations, repairs, or improvements shall be at the sole expense of MJL.
13. Inspection of Facilities. The Director shall have the right as often as he/she deems necessary to inspect the facilities of MJL with the right to direct such repairs as may be necessary.
14. Removal of Property. Upon termination of this Agreement by lapse of time or otherwise, MJL shall promptly remove from the specified area all of its display signs, counters, and other equipment, furnishings, and trade fixtures, as may exist on the premises, and shall promptly repair any damage to the park premises caused thereby. MJL shall leave the said premises in a safe, sanitary, and sightly condition. MJL’s failure to remove such equipment, furnishings and trade fixtures shall not constitute a hold-over under this Agreement, except that all such property not removed within thirty (30) days after termination of this Agreement shall be deemed abandoned and such equipment, furnishings, and trade fixtures shall thereupon become the sole property of the CITY unless CITY grants a further period in writing within which to remove such property from the premises.
15. Purchase of Equipment by City. Upon the termination of this Agreement by the lapse of time or otherwise, CITY may have the option by notice in writing to MJL of at least thirty (30) days prior to the expiration of the term herein, of purchasing from MJL its equipment, furnishings, and fixtures relating to the operation of the concession. The purchase price shall be determined by mutual agreement of the parties hereto, or if they are unable to reach agreement, by a mutually agreed upon qualified appraisal of batting cage equipment to be selected by the parties. The cost of the appraiser shall be shared equally.
16. Taxes. MJL shall pay all lawful taxes, assessments, or charges which at any time may be levied by any federal, state, county, or any tax or assessment levying agency upon any interest in
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28 this agreement or any possessory interest which MJL may have at the Park by reason of this use or occupancy thereof or otherwise, as well as all taxes, assessments, and charges on goods, merchandise, fixtures, appliances, equipment, and property owned by it in or about the Park. In the event MJL desires to contest any tax which it is obligated to pay hereunder, MJL shall have the right to do so provided that should MJL be unsuccessful in any such contest, such taxes, together with any and all interest and penalties thereon, shall be forthwith discharged by MJL.
17. No Liens. MJL shall pay for all labor done or materials furnished in the repair, replacement, development, or improvement of the batting cage facilities referred to hereinafter acceptance by MJL and shall keep said premises and MJL possessor interest, if any, therein free and clear of any lien or encumbrance of any kind whatsoever created by MJL’s acts or omissions. MJL shall not be in breach hereunder should MJL in good faith contest any lien or encumbrance which may be so created and provided further that should MJL be unsuccessful in any such contest, MJL shall forthwith discharge same.
18. License & Permits. MJL shall obtain all permits, licenses, and pay all related fees required by any and all laws of any federal, state, or other governmental agency to allow MJL to meet its obligations under this Agreement.
19. Utilities. MJL shall pay for all utilities required by MJL in its operation, including electricity, power, gas, water, and heat. MJL shall also be responsible for hook-up and removal of said utilities. The CITY will provide hook-up for water and sewer. All garbage and other refuse resulting from the operation shall be disposed of by the CITY at its own cost and expense. MJL shall not be required to clean or maintain any part of the park, except the batting cage area which shall be kept in a neat and clean condition at all times.
20. Indemnification. MJL shall indemnify, defend, and hold CITY harmless from any and all damages, injuries, or liability, including reasonable attorney’s fees, occurring as a result of MJL’s negligent actions or omissions (or those of its employees or agents) under this Agreement.
CITY shall indemnify and hold MJL harmless from any and all damages, injuries, or liability, including reasonable attorney’s fees, occurring as a result of CITY’s negligent actions or omissions under this Agreement. MJL shall hold CITY free, clear, and harmless from all claims of third persons
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28 for damages arising out of negligent acts of MJL and his/her/its agents.
21. Insurance. MJL shall, at his/her/its own expense, procure and maintain in full force at all times during the term of this Agreement the following insurance:
A. Commercial General Liability. MJL shall maintain limits of no less than:
One Million Dollars ($1,000,000) combined single limit per occurrence for bodily injury, personal injury, and property damage or two million ($2,000,000) general aggregate limits for bodily injury, personal injury or property damage.
B. Other Insurance Provisions. The policy is to contain or be endorsed to contain, the following provisions:
(1) Additional Insured. CITY, its officers, officials, employees, and volunteers are to be covered as insured as respects: Liability arising out of activities performed by or on behalf of MJL and operations of MJL, premises owned, occupied, or used by MJL, the coverage shall contain no special limitations on the scope or protection afforded to the CITY, its officers, officials, employees, or volunteers excluding any negligence by the CITY. (2) Primary Coverage. MJL’s insurance coverage shall be primary insurance with respect to CITY, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by CITY, its officers, officials, employees, or volunteers shall be in excess of MJL’s insurance and shall not contribute with it.
(3) Any failure to comply with the reporting provisions of the policy shall not affect the coverage provided to the CITY, its officers, officials, employees, or volunteers.
C. Compliance with State Workers’ Compensation Requirements. MJL covenants that it will insure itself against liability for Workers' Compensation pursuant to the provisions of California Labor Code §3700, et seq. MJL 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. MJL 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 MJL that MJL has no employees.
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28 The aforementioned policy(ies) 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 as provided below. In lieu of actual delivery of such policy(ies), a Certificate issued by the insurance carrier showing such policy to be in force for the period covered by the Agreement may be delivered to CITY. Such policy(ies) and certificate(s) shall be in a form approved by the City Attorney. Except for workers’ compensation insurance, the policies mentioned in this subsection shall name CITY as an additional insured and provide for thirty (30) days notice of cancellation to CITY. Said policies shall not be canceled earlier than, nor the amount of coverage reduced earlier than, thirty (30) days after CITY receives notice from the insured of the intent of cancellation or reduction.
22. Staff Conduct/Required Background Checks.
A. Cognizant that the Subject Premises are utilized as Batting Cage Facilities open to the public, including children, MJL's entire staff shall meet all requirements for services in a good and workmanlike manner, including dress and appearance, and shall conduct themselves in such matters as to sobriety and moral character that they shall, at all times, be able to deal effectively and properly with the public, at all times exhibiting at wholesome, virtuous, and welcoming demeanor.
B. MJL shall conduct a criminal background check through the database of the California Department of Justice, and an FBI criminal database or equivalent national database on each of its employees and volunteers who have contact with or access to minors. MJL shall not, at any time, allow its officers, employees, or volunteers to be in any position that allows for contact with or access to minors, if they have been convicted of any offense identified in the California Public Resources Code Section 5164, subject to the exceptions stated in Section 5164. CITY and MJL understand that the results of background checks on minors may be confidential under state law. MJL shall ensure that no person paid or unpaid by the Contractor shall be permitted to provide services to minors unless appropriate background checks have been performed prior to the beginning of the services under this agreement, and the person meets the standards set forth above.
C. MJL shall specifically name a Manager on Duty and provide CITY with the name (s) of those qualified for this position. The so-named person shall be capable of handling the
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28 effective management of the facilities and on duty at all items of operation.
D. MJL shall provide annual training in Mandated Reporter requirements pursuant to the “Child Abuse and Neglect Reporting Act.” (Penal Code §§ 11164 et. seq.) Such training shall be provided to all MJL owners, officers, employees, and agents who have direct contact with the supervision of minors on the course of their employment or duties and shall be administered by the Child Abuse Prevention Council of Contra Costa County. The training shall be administered to all current MJL owners, officers, employees, and/or agents who have direct contact with or supervision of minors within 90 days of the execution of this 2025 agreement. MJL owners, officers, employees, and/or agents who have direct contact with or supervision of minors and who are hired/retained after the execution of this 2025 Agreement shall receive such training within 60 days after they are hired/retained, and thereafter such training shall be re-administered to each MJL owner, officer, employee, and/or agent on an annual basis. Commencing on May 1, 2025, and continuing on the same date during each year in which this 2025 Agreement is in effect, MJL shall provide to CITY a list of all MJL’s owners, officers, employees and/or agents employed/retained during any portion of the preceding 12 months whose job or position required direct contact with or supervision of minors, indicating whether they have received the training required pursuant to this paragraph, and when they completed such training. It is acknowledged that MJL’s failure to meet the aforesaid requirements will pose the threat of harm which is impossible to compute and ascertain with certainty as a basis for recovery by CITY, and that liquidated damages represent a fair, reasonable, and appropriate estimate thereof. Accordingly, in lieu of actual damages for such failure, MJL agrees that MJL shall be liable to CITY for payment of liquidated damages in the amount of one thousand dollars ($1,000) for every MJL owner, officer, employee, or agent who has direct contact with or supervision of minors, and who did not receive mandated reporter training pursuant to the requirements and time limits set forth above.
23. Equal Opportunity Assurance. During the performance of this Agreement, MJL agrees as follows:
A. MJL will not discriminate against any employee or applicant for employment and will take affirmative action to ensure that employees and employment applicants are treated
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28 equally without regard to race, sex, creed, physical handicap, color, sexual orientation, national origin, or any other actual or perceived characteristic or train outlined in the Fair Employment and Housing Act (Cal. Govt. Code § 12940 et. seq.) The Fair Employment and Housing Act provides protection from harassment or discrimination in employment because of age (40 and over), ancestry, color, creed, denial of family and medical care leave, disability (mental and physical) including HIV and AIDS, marital status, medical condition (cancer and genetic characteristics), national origin, race, religion, sex, and sexual orientation. Such action shall include but not be limited to the following:
employment, upgrading, demotion, or transfer; recruitment or recruitment advertising, layoffs and terminations, rates of pay or other forms of compensation, and selection for training, including apprenticeship. MJL agrees to post, in conspicuous places, available to employees and applicants for employment, notices, setting forth the provisions of the nondiscrimination clause.
B. In the event of MJL’s noncompliance with the nondiscrimination clause of this Agreement, this Agreement may be canceled, terminated, or suspended in or in part.
24. Partnership Not Created. The parties acknowledge that the relationship is contractual only and does not create, and shall not be construed to create, either a partnership or a joint venture, and neither party shall represent otherwise to third parties. Neither party shall have the right to obligate the other party to third parties in any manner.
25. Notice. All notices, accounting statements and payments required herein shall be sent by registered mail, return receipt requested or by personal delivery. The addresses are as follows:
To CITY: City of Concord
Steve Voorhies
1950 Parkside Drive.
[email protected]
Concord, CA 94519
To MJL ENTERPRISES, INC. MJL Enterprises, Inc.
Tyler Derr
1976 Carzino Court
Concord, CA 94521
[email protected]
26. Termination.
A. The CITY reserves the right to terminate this Agreement at any time when the
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28 method of operation of said privilege granted herein or the service rendered by MJL is not up to the standards generally found in competent and proper concession management and is not in accordance with the requirements of this Agreement, or in case MJL violates any of the terms of this Agreement.
The procedure shall be to demand in writing that the method of operation or service or violation be corrected within thirty (30) days of the mailing of the notice. If said method of operation or service or violation(s) is not corrected within said thirty (30) day period, then the CITY may terminate this Agreement after giving thirty (30) days notice in writing of its intention to do so. If the payments to be made by MJL under this Agreement shall at any time during the term of this Agreement become fifteen (15) days past due, CITY, at its option, shall have the right to terminate this Agreement unless MJL brings its account current within five (5) days after written notice is given.
B. CITY shall have the right to terminate this Agreement in its entirety upon the occurrence of one or more of the following circumstances:
(1) The filing by MJL of any voluntary petition in bankruptcy, or a petition seeking to reorganize, or the readjustment of its indebtedness under the Federal Bankruptcy Laws, or under any similar State laws, or if MJL shall make a general assignment for the benefit of creditors. (2) The filing of an involuntary petition in bankruptcy against MJL in which the appointment of a receiver, trustee or liquidator of property of MJL is ordered by a court of competent jurisdiction and such appointment is not vacated within ninety (90) days.
27. Sale of Merchandise. MJL, in the conduct of its operations hereunder, shall not interfere with other activities being conducted at or on the park. The sale or offering to sell or hawk among the users of the park shall be prohibited unless prior approval from the CITY is procured for each activity at the park, e.g. baseball games, tennis tournaments, and similar events.
28. Independent Contractor. MJL is an independent contractor under this Agreement, and no relationship of principal agent or employer-employee is created herein.
29. Non-Assignment. MJL shall not assign this Agreement, nor assign or sublet any rights thereunder, without the prior written consent of the Director, and any such assignment without such consent shall be null and void, and if the CITY so elects, it may cancel the Agreement upon such unauthorized assignment or subletting.
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28 30. Binding on Successors. This Agreement is binding on the heirs, successors and assigns of the parties hereto.
31. Amendment. This Agreement may be amended, modified, or changed by the parties provided that said amendment, modification, or change is in writing and approved by both parties.
32. Miscellaneous. This Agreement sets forth the entire Agreement between the parties with respect to the subject matter hereof, and no modification, amendment, waiver, termination, or discharge of this Agreement, or any provisions thereof shall be binding or effective unless confirmed by a written instrument signed by both parties. The validity, effect, and construction of this Agreement and all subsequent modifications or amendments shall be construed in accordance with California law applicable to agreements to be performed entirely in California. In the event that any provision of this Agreement is found to be void or unenforceable by a court of competent jurisdiction, the balance of the Agreement shall remain in full force and effect as written.
33. Venue. Any lawsuit between CITY and MJL arising out of or relating to this Agreement shall be filed in the Contra Costa County Superior Court or the United States District Court for the Northern District of California.
34. Time of Essence. Time is expressly declared to be of the essence in the performance of this Agreement.
IN WITNESS WHEREOF, the parties have executed this agreement the day and year set forth below.
Dated: MJL ENTERPRISES, INC.
a California corporation
By
Tyler Derr, CEO
[email protected]
Dated: CITY OF CONCORD,
a municipal corporation
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28 Valerie J. Barone
City Manager
ATTEST:
__________________________
Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:
Susanne Brown, City Attorney
FINANCE DIRECTOR'S CERTIFICATION:
Concord, California
Date:
I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEAR 24/25 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.
THE SUM OF $16,137.09. Account Code 100-42201Z01-63800-500 Finance Director's Signature
Staff Report
Date: December 10, 2024
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Steve Voorhies, Director of Parks and Recreation Prepared by: RJ Natal, Recreation Program Manager
[email protected]
(925) 671-3416
Subject: Considering authorizing the City Manager to approve and execute a Product and Services Agreement with Active
Network, Inc., in a form acceptable to the City Attorney, for recreation management software for an initial three-year term with two automatic renewal periods of two (2) years each at an estimated cost of $119,057 in Fiscal Year 2024/2025, an estimated cost of $121,033 in Fiscal Year 2025/2026, totaling $363,149 for the first three years and $166,660 in Fiscal Year 2030/2031, and over seven years totaling $977,589.
CEQA: Exempt/not a project pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c),
15061(b)(3), and/or 15378.
Report in Brief
The Recreation Services Department is concluding a seven-year contract with Active Network, Inc. for recreation management software. Council approved the current Active Network, Inc. agreement on November 14, 2017, which expires on December 31, 2024.
The Recreation Services, Information Technology, and Finance departments recommend renewing the contract to continue uninterrupted software services for activity programming, facilities management, and customer registration services. The renewal contract will have an initial (3) three-year term and allow for two automatic renewals of two years each at an estimated seven-year cost of $977,589. Revenue received from customer registration processing fees will fully offset the cost of the software.
4.b
City Council Agenda Report
Agenda Item No. 4.b
December 10, 2024
Recommended Action
Authorize the City Manager to approve and execute a Product and Services Agreement with Active Network, Inc., in a form acceptable to the City Attorney, for recreation management software for an initial three-year term with two automatic renewal periods of two (2) years each at an estimated cost of $119,057 in Fiscal Year 2024/2025, an estimated cost of $121,033 in Fiscal Year 2025/2026, totaling $363,149 for the first three years and $166,660 in Fiscal Year 2030/2031, and over seven years totaling $977,589, and make the CEQA determinations as provided in this staff report.
Background
In 1994, the City contracted with Escom Software Services, Ltd. to implement its CLASS registration and facility scheduling software, which served the Parks and Recreation Department for many years. In 2004, the CLASS system was acquired by Active Network, Inc., and in 2017, the vendor discontinued support for CLASS. This led to the City transitioning to Active Network, Inc., which was selected in 2016 as the most suitable choice through a competitive RFP process involving six other vendors. A cross- departmental team evaluated six software options and ultimately chose Active Network, Inc. for its superior functionality.
The City entered into a seven-year agreement with Active Network Inc., which is set to expire in December 2024. The software has continued to deliver reliable service for the past seven years. Renewal of the contract is necessary to continue utilizing the software.
The Recreation Services Department (RS) staff and customers are pleased with the results of the software and registration system. The cloud-based system (SaaS) for youth, adult, and senior registrations enables seamless management of daily tasks like class registrations, facility reservations, field bookings, memberships, league and aquatics management, early childhood programs, point of sale, senior programs, picnic permits, payments, maintenance tracking, and customized reporting.
Active Network utilizes the most current technology available. Its superior navigation features for the online customer and staff will provide all users with an intuitive and mobile-friendly platform for program registration and facility rentals. Enhanced functionality in this product also improves customer communications and marketing opportunities. Staff can access the cloud-based system 24/7 from any computer or mobile device without the need for the information technology staff to install supporting software. This is a valuable tool for staff working in the field, as they can now access program and registrant data at any time, as long as an internet connection is available.
City Council Agenda Report
Agenda Item No. 4.b
December 10, 2024
Analysis
Active Net Inc. and City of Concord staff are currently negotiating the terms of the proposed agreement/subscription-based software service; the final agreement will be subject to City Attorney approval. For the first three years, an annual subscription fee of $40,000 will be paid, and the credit card fee will be 3 percent per transaction. To offset the subscription and transaction processing costs, the City will continue to charge customers a processing fee at the time of payment.
Procurement Process
Municipal Code, Title 3 (Revenue and Finance), Chapter 3.10 (Purchasing), establishes that bidding requirements may be waived when a vendor is the single source verified product or service provider. Active Net Inc. is the exclusive registration software provider widely used by agencies nationwide. Active Net Inc.'s system is designed to align seamlessly with our organization's unique processes, ensuring reliability and efficiency. Active Net Inc. is deeply integrated with the City’s existing systems, and switching to another solution would incur significant costs. The Active Net Inc. software is vital for managing registrations, permits, and rental operations across all Recreation programs in the city. After seven years of exemplary service, significant staff training investments, program development, and system updates remain the most effective and dependable solution to meet the city's operational needs.
Financial Impact
Funds to cover the subscription and credit card fees for the remainder of fiscal year 2024/2025 are included in the Recreation Services operating budget and are fully offset by customer registration processing fees. Years two through seven of the contract will be funded in future operating budgets.
The chart below provides an estimate of ongoing costs associated with Active Network, Inc. (SaaS) recreation management software.
City Council Agenda Report
Agenda Item No. 4.b
December 10, 2024
Fees at each renewal term are projected using the maximum allowable escalator of 12.5 percent per the agreement.
Estimated credit card charges are based on a 2.5 percent increase in recreation revenue each year.
Environmental Determination
Pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(3), and/or 15378 award of this contract is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, as it will not result in a direct or reasonably foreseeable indirect physical change in the environment, and falls within the “common sense” exemption set forth in CEQA Guidelines Section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.”
Public Contact
The City Council Agenda was posted.
Staff Report
Date: December 10, 2024
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Joelle Fockler, MMC, City Clerk
[email protected]
(925) 671-3390
Prepared by: Monique Robinson, Deputy City Clerk
[email protected]
(925) 671-3295
Subject: Considering adoption of a Resolution declaring and accepting the results of the November 5, 2024, General Municipal
Election for the City of Concord.
Report in Brief
A Consolidated Municipal Election was held in the City of Concord on Tuesday November 5, 2024, pursuant to Concord Resolution No. 24-43 calling for and ordering a General Municipal Election and Specifications of the Election Order for the purpose of electing a total of two members of the City Council to seats in Districts 2 and 4, one member for each district, each for full terms of four years, and requesting and consenting to the consolidation of said General Municipal Election with the General Election held on November 5, 2024. The County Clerk of Contra Costa County, pursuant to the request of the City Clerk of the City of Concord, has duly canvassed the votes and certified the results of the votes. The results are listed below and on file in the Office of the City Clerk of the City of Concord.
The returns of the votes cast in the election:
MEMBER, CITY COUNCIL, DISTRICT 2
Total number of registered voters: 15,877
Total number of ballots cast: 11,452
Voter turnout: 72.13%
5.a5.a5.a5.a5.a
City Council Agenda Report
Agenda Item No. 5.a
December 10, 2024
MEMBER, CITY COUNCIL, DISTRICT 4
Total number of registered voters: 15,907
Total number of ballots cast: 12,315
Voter turnout: 77.42%
The official results are:
Candidate Votes Percentage
District 2
Carlyn Obringer 7,901 75.58%
Erik Antonik 2,553 24.42%
District 4
Pablo Benavente 3,796 35.25%
Edi Birsan 3,687 34.24%
Myles Burks 2,106 19.56%
Matthew Dashner 1,179 10.95%
The newly-elected Councilmembers are Carlyn Obringer, District 2, and Pablo Benavente, District 4. The results of the canvass of the election are declared on Exhibit A of the attached Resolution.
Recommended Action
Adopt a Resolution accepting the results of the November 5, 2024, General Municipal Election.
Public Contact
The City Council Agenda was posted.
Attachment
1. Resolution declaring and accepting the results of the November 5, 2024, General Municipal Election for the City of Concord (the results of the canvass of the election are declared on Exhibit A of the Resolution)
Res. No. 24-XX 1
BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD
COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Declaring and Accepting the Results of
the November 5, 2024, General Municipal Election
for the City of Concord Resolution No. 24-XX
/
WHEREAS, a General Municipal Election was held in the City of Concord on Tuesday, November 5, 2024, pursuant to Concord Resolution No. 24-43 for the election to choose successors for the following offices: Member of the City Council for District 2, and Member of the City Council for District 4, each for full terms of four years; and
WHEREAS, such election was conducted in the manner required by the provisions of the California Election Code for general law cities; and
WHEREAS, the County Clerk of Contra Costa County, pursuant to the request of the City Clerk of the City of Concord, has duly canvassed the votes and has verified the results of the votes cast, which certification is now on file in the Office of the City Clerk of the City of Concord.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CONCORD DOES RESOLVE AND DECLARE:
That the canvas of votes by the County Clerk on file in the City Clerk’s Office is hereby confirmed, and the votes cast for the candidates for Member of the City Council for District 2, and Member of the City Council for District 4, are as follows:
City Council Candidates Votes
District 2
Carlyn Obringer 7,901
Eric Antonick 2,553
District 4
Pablo Benavente 3,796
Edi Birsan 3,687
Myles Burks 2,106
Matthew Dashner 1,179
//
Attachment 1
Res. No. 24-XX 2
IT IS THEREFORE FURTHER RESOLVED AND DETERMINED AS FOLLOWS:
Section 1. The whole number of ballots cast in the election was 23,767 ballots, resulting in a voter turnout of 74.78 percent based on a voter registration of 31,784 voters.
Section 2. The results of the votes cast in the election are attached to this resolution as Exhibit A.
Section 3. Carlyn Obringer was duly elected as Councilmember for District 2 for a term of four years., and Pablo Benavente was duly elected as Councilmember for District 4 for a term of four years.
Section 4. The City Clerk shall administer the oath of office and present the certificate of election to each duly elected official.
Section 5. This resolution shall become effective immediately upon its passage and adoption.
PASSED AND ADOPTED by the City Council of the City of Concord on December 10, 2024, by the following vote:
AYES: Councilmembers -
NOES: Councilmembers -
ABSTAIN: Councilmembers -
ABSENT: Councilmembers -
I HEREBY CERTIFY that the foregoing Resolution No. 24-XX was duly and regularly adopted at a regular meeting of the City Council of the City of Concord on December 10, 2024.
Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:
Susanne Meyer Brown
City Attorney
Attachment: Exhibit A: Election Results
Exhibit A to Attachment 1
-----Original Message-----
From: Victor Benedict Tiglao <[email protected]> Sent: Tuesday, December 10, 2024 2:45 PM
To: City Clerk <[email protected]>
Subject: Public Comment 12/10/2024 for Agenda #5
Concord City Council
December 10, 2024 Meeting
Agenda #5: City Council Reorganization Proceedings
Public Comment:
I’m Victor Benedict Tiglao, Commissioner at the Economic Opportunity Council of Contra Costa County, Board Member at Monument Impact, and former member of the city’s Bicycle and Pedestrian Advisory Committee.
I just want to extend my sincerest and deepest congratulations to my friend Pablo Benavente. I’ve known you since I was in high school, just barely starting out in politics and you were one of the first campaigns I’ve worked for. You’ve mentored me and showed me the path I’m on now.
And I’m incredibly proud to see you on the Concord City Council as a duly elected councilmember.
You are the leader we need right now and I have the utmost trust with you on the helm.
Go Pablo!
Victor Benedict Tiglao
Benched Correspondence
Agenda Item No. 5.a
December 10, 2024
Results of the November 5, 2024
General Municipal Election
DECEMBER 10, 2024
JOELLE FOCKLER, MMC
CITY CLERK
1
Member, City Council, District 2
2 Total Number of Registered Voters: 15,877
Total Number of Ballots Cast: 11,452
Voter Turnout: 72.13%
Member, City Council, District 2
Official Results
3 Candidate Votes Percentage
Carlyn Obringer 7,901 75.58%
Eric Antonick 2,553 24.42%
Member, City Council, District 4
4 Total Number of Registered Voters: 15,907
Total Number of Ballots Cast: 12,315
Voter Turnout: 77.42%
Member, City Council, District 4
Official Results
5 Candidate Votes Percentage
Pablo Benavente 3,796 35.25%
Edi Birsan 3,687 34.24%
Myles Burks 2,106 19.56%
Matthew Dashner 1,179 10.95%
Recommendation
6 Adopt a Resolution accepting the results of the
November 5, 2024, General Municipal Election.
Questions?
7
Res. No. 24-XX 1
BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD
COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Designating _______________ as Mayor
of the City of Concord
Resolution No. 24-XX
/
WHEREAS, the City of Concord is a General Law City, and the Mayor is selected by the members of the City Council; and
WHEREAS, the City Council reorganized itself one year ago by designating the position of Mayor to a one-year term commencing December 5, 2023, and ending with the reorganization of the City Council in December 2024.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CONCORD DOES RESOLVE AS FOLLOWS:
Section 1. Designates _________________ as Mayor of the City of Concord for the period commencing December 10, 2024, and ending with the Council reorganization in December 2025.
Section 2. This resolution shall become effective immediately upon its passage and adoption. //
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5.e
Res. No. 24-XX 2
PASSED AND ADOPTED by the City Council of the City of Concord on December 10, 2024, by the following vote:
AYES: Councilmembers -
NOES: Councilmembers -
ABSTAIN: Councilmembers -
ABSENT: Councilmembers -
I HEREBY CERTIFY that the foregoing Resolution No. 24-XX was duly and regularly adopted at a regular meeting of the City Council of the City of Concord on December 10, 2024.
Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:
Susanne Meyer Brown
City Attorney
Res. No. 24-XX
BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD
COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Designating ________________ as Vice
Mayor of the City of Concord
Resolution No. 24-XX
/
WHEREAS, the City of Concord is a General Law City and the Mayor and Vice Mayor are selected by the members of the City Council; and
WHEREAS, the City Council reorganized itself one year ago by designating one member of the Council to occupy the position of Vice Mayor for a one-year term commencing December 5, 2023, and ending with the reorganization of the City Council in December 2024.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CONCORD DOES RESOLVE AS FOLLOWS:
Section 1. Designates ________________ as Vice Mayor of the City of Concord for the period commencing December 10, 2024, and ending with the Council reorganization in December 2025.
Section 2. This resolution shall become effective immediately upon its passage and adoption. //
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5.f5.f
Res. No. 24-XX
PASSED AND ADOPTED by the City Council of the City of Concord on December 10, 2024, by the following vote:
AYES: Councilmembers -
NOES: Councilmembers -
ABSTAIN: Councilmembers -
ABSENT: Councilmembers -
I HEREBY CERTIFY that the foregoing Resolution No. 24-XX was duly and regularly adopted at a regular meeting of the City Council of the City of Concord on December 10, 2024.
Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:
Susanne Meyer Brown
City Attorney
From: Suzan Requa <[email protected]>
Sent: Sunday, December 8, 2024 10:23 PM
To: Fockler, Joelle <[email protected]>; [email protected]; Hoffmeister, Laura <[email protected]>; Nakamura, Laura <[email protected]>; Aliano, Dominic <[email protected]> Cc: Birsan, Edi <[email protected]>; Graciela Reynoso <[email protected]> Subject: Reuse Authority Reorganization Request, Concord City Council Dec. 10th, 2024 Co
ncord City Clerk
Joelle Fockler
Hello Joelle:
No
t clear on the process here. I will read the details of the request if that is appropriate or please advise how to proceed.
Thank you for your help to see this request seriously considered. f. Considering – Nomination for Vice Mayor and adoption of a Resolution confirming and designating Vice Mayor of the City of Concord. Recommended by the City Clerk.
6. LOCAL REUSE AUTHORITIY REORGANIZATION CONFIRMATION
Correspondence received at the City Council meeting will be listed here on the Annotated Agenda.
a. Considering – confirmation of the designation of Mayor and Vice Mayor to serve as the Chair and Vice Chair of the Local Reuse Authority for the Concord Naval Weapons Station Reuse Plan as authorized by Resolution No. 06-01 adopted January 10, 2006. Recommended by the City Clerk.
We want to request separate consideration of Pablo Benavente for the position of ViceMayor/Vice Chair of the Local Reuse Authority for the Concord Naval Weapons Station Reuse Plan. To be considered before the Nomination of Vice Mayor of our City of Concord.
We would like to see Pablo Benavente designated as the Vice Mayor/Vice Chair of the Concord Local Reuse Authority for the CNWS Reuse Plan. This is good timing for Pablo to lead since he is aware of the work of the City Master Plan and Brookfield initial phased design and the Specific Plan is just starting in progress. We wanted to address this opportunity for change by recommending Pablo so you would know of community support for this important leadership focus.
We
have confidence in Pablo's ability to consider our vision of "One Concord. " Pablo's previous work on Measure V , Monument Impact and his current job, have helped him create a network that will be invaluable in recruiting visionary and technically talented leadership to our request for a Benched Correspondence
Agenda Item No. 5.f
December 10, 2024
Concord CNWS Advisory Commission and possibly funding to invest in the current city's development for successful commercial, transportation, housing and schools upgrades.
Pablo also attended the National Democratic Party Convention and may have the contacts needed for regional government approvals and innovative integrated designs.
We ask for this early cooperation and support of the current city council members in this decision knowing that this affects those members with more seniority. We have seen and heard Pablo's intent to work cooperatively with all members of the City Council for the good of the whole of our community.
Please approve Pablo Benavente as the Vice Mayor/Vice Chair of the Concord Local Reuse Authority.
Regards, Suzan Requa and Graciela Reynoso