Agenda packet — Concord City Council, March 25, 2025 (part 2 of 3)

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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.

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AGREEMENT FOR PROFESSIONAL SERVICES
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THIS AGREEMENT ("Agreement") is entered into on April 1, 2025 between the City of Concord, a California municipal corporation, ("CITY") and H.T. Harvey & Associates, C Corporation, 983 University Avenue, Building D, Los Gatos, California 95032 (“CONSULTANT”).

THE PARTIES ENTER THIS AGREEMENT based upon the following facts, understandings and intentions:

The CITY desires to contract with CONSULTANT to provide the professional services described in Section 2 of this Agreement, upon the terms and conditions hereinafter set forth.

NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and promises of the parties herein contained, the parties hereto agree as follows:

1. TERM. This Agreement shall commence on April 1 , 2025 and expire on March 31, 2026.

2. SCOPE OF SERVICES. Subject to such policy direction and approvals provided by the CITY's Authorized Representative, CONSULTANT shall perform the services described in detail in Exhibit A, Scope of Services. CITY retains all rights of approval and discretion with respect to the projects and undertakings contemplated by this Agreement.

3. PAYMENT. The compensation to be paid to CONSULTANT including payment for professional services and reimbursable expenses, shall be at the rate and schedules in detail in Exhibit A. However, in no event shall the amount
CITY pays CONSULTANT exceed Five Hundred Seventy-
Five Thousand Three Hundred Seventy Seven dollars ($ 575,377) for the term of this Agreement.

Any Amendment to this Agreement that includes an increase to this compensation amount shall be made in accordance with Section 5 below.

CONSULTANT may submit monthly statements for services rendered; all statements shall include adequate documentation demonstrating work performed during the billing period. It is intended that CITY review such statement and pay CONSULTANT for services rendered within forty-five (45) days of receipt of a statement that meets all requirements of this Agreement. Payment by CITY shall not be deemed a waiver of unsatisfactory work, even if such defects were known to the CITY at the Attachment 7

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time of payment.

4. AUTHORIZED REPRESENTATIVES . Authorized representatives shall represent CITY and CONSULTANT in all matters pertaining to the services to be ordered by CITY or rendered by CONSULTANT under this Agreement except where approval for the CITY is specifically required by the City Council. The CITY’s authorized representative is Guy Bjerke , Director of the Economic Development and Base Reuse. The CONSULTANT’s authorized representative is Stephen Rottenborn, Principal.

5. AMENDMENT TO AGREEMENT. This Agreemen t may be amended in writing, subject to approval by both parties. If additional services are requested by CITY other than as described in the above Scope of Services, this Agreement may be amended, modified, or changed by the parties subject to mutual consent and in accordance with the CITY’s Municipal Code by execution of an Amendment by authorized representatives of both parties setting forth the additional scope of services to be performed, the performance time schedule, and the compensation for such services.

A. Amendment for Additional Compensation. CITY’s Authorized Representative is authorized to execute amendments to the Agreement on behalf of CITY, including amendments providing for additional compensation to CONSULTANT not to exceed the Minimum Threshold, including the base contract amount, throughout the term of this Agreement. “Minimum Threshold” means the dollar amount over which Council approval is required during each fiscal year as set forth in Concord City Council Resolution 21- 43 pursuant to Concord Municipal Code Section

3.10.040(a). The Minimum Threshold for Fiscal Year 2021-22 is $75,000 and increases by $5,000 each subsequent fiscal year such that by Fiscal Year 2026- 27 the Minimum Threshold is $100,000. Any additional compensation to CONSULTANT that is greater than the Minimum Threshold, including the base contract amount, must be approved by City Council.

CONSULTANT’s failure to secure CITY’s written authorization for additional compensation or changes to the Scope of Services shall constitute a waiver of any and all right to adjustment in the price or time due, whether by way of compensation, restitution, quantum meruit, or similar relief.

6. INDEPENDENT CONTRACTOR. Both parties understand and acknowledge that CONSULTANT, its officers, agents, employees, volunteers and subcontractors are and shall at all times

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remain as to the CITY wholly independent contractors. Neither the CITY nor any of its officers, officials, agents, employees or volunteers shall have any control over the manner by which the CONSULTANT performs this Agreement and shall only dictate the results of the performance.

CONSULTANT shall not represent that CONSULTANT or its officers, agents, employees, volunteers or subcontractors are agents or employees of the CITY , and CONSULTANT shall have no authority, express or implied, to act on behalf of the CITY in any capacity whatsoever as an agent, and shall have no authority, express or implied, to bind the CITY to any obligation whatsoever, unless otherwise provided in this Agreement.

As an independent contractor, CONSULTANT shall not be eligible for any benefits, which the City may provide to its employees and all persons, if any, hired by CONSULTANT shall be employees or subcontractors of CONSULTANT and shall not be construed as employees or agents of the CITY in any respect. CONSULTANT shall receive no premium or enhanced pay for work normally understood as overtime, i.e., hours that exceed forty (40) hours per work week, or work performed during non- standard business hours, such as in the evenings or on weekends. CONSULTANT shall not receive a premium or enhanced pay for work performed on a recognized holiday. CONSULTANT shall not receive paid time off for days not worked, whether it be in the form of sick leave, administrative leave, or for any other form of absence. CONSULTANT shall pay all taxes, assessments and premiums under the federal Social Security Act, any applicable unemployment insurance contributions, Workers Compensation insurance premiums, sales taxes, use taxes, personal property taxes, or other taxes or assessments now or hereafter in effect and payable by reason of or in connection with the services to be performed by CONSULTANT.

7. STANDARD OF PERFORMANCE. CONSULTANT rep resents and warrants to CITY that CONSULTANT is skilled and able to provide such service s described in the Scope of Services and that such services shall be performed in an expeditious manner, and with the degree of skill and care that is required by current, good, and sound procedures and practices. CONSULTANT further agrees that the services shall be in conformance with generally accepted professional standards prevailing at the time work is performed.

8. PERFORMANCE BY CONSULTANT. CONSULTANT shall not employ other

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consultants, subconsultants, experts, or contractors without the pr ior written approval of the CITY .

Notwithstanding the foregoing, CITY shall not be obligated or liable for payment hereunder to any party other than the CONSULTANT . CONSULTANT hereby designates the CONSULTANT’S representative as the person primarily responsible for the day-to-day performance of CONSULTANT'S work under this Agreement. CONSULTANT shall not change the CONSULTANT’S representative without the prior written consent of the CITY. Unless otherwise expressly agreed by the CITY, CONSULTANT'S representative shall remain responsible for the quality and timeliness of performance of the services, notwithstanding any permitted or approved delegation hereunder.

9. OWNERSHIP AND MAINTENANCE OF DOCUMENTS. All documents furnished by CONSULTANT pursuant to this Agreement are instruments of CONSULTANT’s services in respect to this project. They are not intended nor are represented to be suitable for reuse by others except CITY on extensions of this project or on any other project. Any reuse without specific written verification and adoption by CONSULTANT for the specific purposes intended will be at user’s sole risk and without liability or legal exposure and expens es to CONSULTANT, including attorney’s fees arising out of such unauthorized reuse.

CONSULTANT’s records, documents, calculations, and all other instruments of service pertaining to actual project shall be given to CITY at the completion of the project. The CITY reserves the right to specify the file format that electronic document deliverables are presented to the CITY. [Alternative: Title to all plans, specifications, maps, estimates, reports, manuscripts, drawings, descriptions and other final work products compiled by the CONSULTANT under the Agreement shall be vested in the CITY, none of which shall be used in any manner whatsoever, by any person, firm, corporation, or agency without the expressed written consent of the CITY. Basic survey notes and sketches, charts, computations, and other data prepared or obtained under the Agreement shall be made available, upon request, to the CITY without re striction or limitations on their use. CONSULTANT may retain copies of the above -described information b ut agrees not to disclose or discuss any information gathered, discussed or generated in any way through this Agreement without the written permission of CITY during the term of this Agreement, unless required by law.]

10. INDEMNIFICATION.

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A. For Design Professional Services Only. Pursuant to California Civil Code Section 2782.8, CONSULTANT agrees to indemnify the CITY (including its officers, officials, agents, employees and volunteers) against liability for claims against the CITY that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT in the performance of this Agreement. The CONSULTANT will reimburse the CITY for any expenditures, including reasonable attorney fees, incurred by the CITY in defending against claims ultimately determined to arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT.

B. For All Other Services. CONSULTANT agrees to defend, indemnify and hold harmless the CITY (including its officers, officials, agents, employees and volunteers) from and against all claims, demands, actions, losses, damages, injuries, and liability (including all attorney’s fees and other litigation expenses) arising out of the CONSULTANT’s performance under the terms of this Agreement. This indemnification obligation on CONSULTANT’s part shall not apply to the demands, actions, losses, damages, injuries, and liability arising out of the sole negligence or willful misconduct on the part of the CITY.

11. INSURANCE. CONSULTANT agrees to have and maintain the policies set forth in Exhibit B entitled “INSURANCE REQUIREMENTS,” which is attached hereto and incorporated herein. All policies, endorsements, certificates, and/or binders shall be subject to approval by the City Attorney as to form and content and shall be provided no later than thirty (30) calendar days following the execution of this Agreement by both parties . These requirements are subject to amendment or waiver only if so approved in writing by the CITY. A lapse in any required insurance coverage during this Agreement shall be a breach of this Agreement. The insurance contemplated under this provision shall remain in full force and effect during the term of this Agreement.

12. TIME OF PERFORMANCE. The time of performance of the services under this Agreement is of the essence, and all time deadlines identified in this Agreement or Scope of Services shall be strictly construed.

13. SUSPENSION OF WORK. CITY may, at any time, by written notice, suspend further performance by CONSULTANT. All suspensions shall extend the time schedule for performance in a

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mutually satisfactory manner, and CONSULTANT shall be paid for services performed and reimbursable expenses incurred prior to the suspension date. During the period of suspension, CONSULTANT shall not receive any payment for services, or expenses, except for reasonable administration expenses, incurred by CONSULTANT by reason of such suspension.

14. TERMINATION. CITY may terminate this Agreement for any reason upon ten (10) days written notice to the o ther party. CITY may terminate the Agreement upon five (5) days written notice if CONSULTANT breaches this Agreement. In the event of any termination, CONSULTANT shall promptly deliver to the CITY any and all finished and unfinished reports or other written, recorded, photographic, or visual materials, documents, data, and other deliverables (“Work Materials”) prepared for the CITY prior to the effective date of such termination, all of which shall become CITY’s sole property. After receipt of the Work Materials , CITY will pay CONSULTANT for the services satisfactorily performed as of the effective date of the termination.

15. COMPLIANCE WITH CIVIL RIGHTS . During the performance of this contract, CONSULTANT agrees as follows:

A. Equal Employment Opportunity. In connection with the execution of this Agreement, CONSULTANT shall not discriminate against any employee or applicant for employment on the basis of any protected class pursuant to California law . Such actions shall include, but not be limited to, the following: employment, promotion, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection for training including apprenticeship.

B. Nondiscrimination Civil Rights Act of 1964. CONSULTANT will comply with all federal regulations relative to nondiscrimination in federally assisted programs.

C. Solicitations for Subcontractors including Procurement of Materials and Equipment. In all solicitation, either by competitive bidding or negotiations, made by CONSULTANT for work to be performed under a subcontract including procurement of materials or leases of equipment, each potential subcontractor, supplier or lessor shall be notifie d by CONSULTANT of CONSULTANT’S obligation under this Agreement and the regulations relative to nondiscrimination on the basis of any protected class pursuant to California law.

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16. CONFLICT OF INTEREST.

A. CONSULTANT covenants and represents that neither it, nor any officer or principal of its firm, has, or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of CITY or which would in any way hinder CONSULTANT ’s performance of services under this Agreement. CONSULTANT further covenants that in the performance of the Agreement, no person having any such interest shall be employed by it as an officer, official, agent, employee or subcontractor without the express written consent of the CITY . CONSULTANT agrees to at all times avoid conflicts of interest, or the appearance of any conflicts of interest, with the interests of the CITY in the performance of this Agreement.

B. CONSULTANT is not a designated employee within the meaning of the Political Reform Act because CONSULTANT:
(1) Will conduct research and arrive at conclusions with respect to its rendition of information, advice, recommendation or counsel independent of the control and direction of the CITY or of any CITY official, other than normal contract monitoring; and (2) P ossesses no authority with respect to any CITY decision beyond the rendition of information, advice, recommendation or counsel. (2 Cal. Code Regs. § 18700(a)(2).)

17. COMPLIANCE WITH LAWS . CONSULTANT shall comply with all applicable Federal, State of California, and local laws, rules, and regulations and shall obtain all applicable licenses, including a business license with the City of Concord, and permits for the conduct of its business and the performance of the services.

18. CHOICE OF LAW. This Agreement shall be construed and interpreted in accordance with the laws of the State of California, excluding any choice of law rules which may direct the application of the laws of another jurisdiction. In the event that suit shall be brought by either party hereunder, the parties agree that trial of such action shall be held exclusively in a state court in the County of Contra Costa, California.

19. NON-WAIVER. The waiver by either party of any breach of any term, covenant, or condition contained in the Agreement, or any default in their performance of any obligations under the Agreement shall not be deemed to be a waiver of any other breach or default of the same or any other

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term, covenant, condition, or obligation, nor shall any waiver of any incident of breach of default constitute a continuing waiver of same.

20. ENFORCEABILITY; INTERPRETATION. In the event that any of the provisions or portions of application of any of the provisions of the Agreement are held to be illegal or invalid by a court of competent jurisdiction, CITY and CONSULTANT shall negotiate an equitable adjustment in the provisions of the Agreement with a view toward affecting the purpose of the Agreement. The illegality or invalidity of any of the provisions or portions of application of any of the provisions of the Agreement shall not affect the legality or enforceability of the remaining provisions or portions of application of any of the provisions of the Agreement. This Agreement shall be interpreted as though it was a product of a joint drafting effort a nd 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 discussions between CONSULTANT and CITY, whether oral or written.
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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 in the Agreement without the CITY's prior written consent, which 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.

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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 below, or such other places as CITY or CONSULTANT may, from time to time, respectively, designate in a written notice given to the other. Notice shall be deemed received three (3) days after the date of the mailing thereof or upon personal delivery.

To CITY: Guy Bjerke ,
Director
Economic Development and Base Reuse
City of Concord
1950 Parkside Drive
Concord, CA 94519-2578
Phone: (925) 671-3076
Email: [email protected]

To CONSULTANT: Stephen Rottenborn,
Principal
H.T. Harvey & Associates
983 University Avenue, Building D
Los Gatos , California95032
Phone: (408)458-3205
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

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been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.

IN WITNESS WHEREOF, the parties have executed this Agreement in one (1) or more copies as of the date and year first written above.

CONSULTANT CITY OF CONCORD, a Municipal
Corporation

By:_________________________________ By:______________________________ Name: Stephen Rottenborn Name: Valerie J. Barone Title: Principal Title City Manager
Address: 983 University Avenue, Building D Address: 1950 Parkside Drive Los Gatos,California 95032 Concord, CA 94519
Telephone: (408)458-3205 Telephone: (925) 671-3150
Email: [email protected]
APPROVED AS TO FORM: ATTEST:

Susanne Meyer 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 2025/2026 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.

THE SUM OF $575,377. Account Code 4029500C999-63800/4022721211-63800 .

Finance Director's Signature

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983 University Avenue, Building D  Los Gatos, CA 95032  408.458.3200  www.harveyecology.com

Concord Reuse Project
Biological/Regulatory Assistance Scope Year 2
(March 1, 2025 – February 28, 2026)

February 26, 2025

H. T. Harvey & Associates (HTH) proposes to continue assisting the City of Concord with biological resources issues and regulatory permitting for the Concord Reuse Project by providing the services described below during “Year 2” (the period March 1, 2025 – February 28, 2026). Tasks are numbered to match those in the task descriptions and “Projected Spend Worksheet” provided by the City. The proposed costs of providing these services are listed in the attached Projected Spend Worksheet , and a table indicating the proposed level of effort and cost for each task is also attached.

In scoping work for Year 2, we have taken into consideration the work that has been performed in Year 1 with regard to the Infrastructure Master Plan and permitting coordination, and we have assumed that the bulk of our work would be performed during Year 2. However, the actual timing of various tasks is unknown at this time, depending on timing of agreements between and approvals by the City and the Master Developer (Brookfield), integration of our work with plans and designs that will be prepared by Brookfield , and responsiveness of resource agencies.

Tasks during the Period March 1, 2025 – February 28, 2026 (Year 2)

Task 2.1 Specific Plan
HTH will assist the City and
Brookfield with development of the Specific Plan by participating in meetings, providing written guidance and feedback, and reviewing materials related to biological resources and mitigation needs. HTH will provide reviews and comments on the Administrative Draft, Draft, and Final Specific Plans.

Task 2.2 Infrastructure Master Plan
HTH will assist the City and Brookfield with development of the Infrastructure Master Plan by participating in meetings, providing written guidance and feedback, and reviewing materials related to biological resources and mitigation needs.

Task 2.3 CEQA Review
HTH will assist the City with California Environmental Quality Act (CEQA) review of the Specific Plan by providing information on natural resources, permitting approaches, and compensatory mitigation for sensitive/regulated habitats and special -status species; meeting with the City’s CEQA consultant to discuss those issues; and reviewing, commenting on, and otherwise assisting with the Administrative Draft Environmental Impact Report (EIR), Draft EIR, and Responses to Comments and Final EIR with respect to biological resources.

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In addition, HTH will assist with CEQA review of the realignment of off -site PG&E electrical lines. This assistance will include field surveys for sensitive/regulated habitats, habitat assessments for special-status plants and animals, and preparation of maps and text regarding biological resources existing conditions, impacts, and mitigation measures for incorporation into the EIR.

Task 2.4 LRA Operations
Conservation Measure 2 of the U.S. Fish and Wildlife Service ’s (USFWS’s) Biological Opinion (BO) requires the City to manage lands conveyed to it to prevent habitat degradation in sensitive areas such as the Mt. Diablo Creek corridor and the on- site conservation lands. As requested by the City, HTH will assist the City by providing recommendations for management activities, such as control of noxious weed infestations and conducting maintenance or repairs to prevent degradation of upland or aquatic habitat.

Task 2.7 Natural Resources Permitting
HTH assumes that the bulk of the natural resources permitting work that remains to be done (i.e., approximately 75%) will be performed during Year 2 . As a result, there are a nu mber of permitting and mitigation-related activities that HTH will perform during this period, as described in the following subtasks.

Subtask 2.7A Permitting Meetings. HTH will participate in meetings regarding regulatory, permitting, and compensatory mitigation issues with the City team, Brookfield, and resource agencies as necessary.

Subtask 2.7B ITP Coordination. HTH will continue coordinating with CDFW as necessary to obtain the ITP for potential take of the California tiger salamander (Ambystoma californiense). Such coordination will consist of meetings with CDFW and the City team and providing additional information that may be requested by CDFW.

Subtask 2.7C CDFW and USFWS Coordination Regarding On- Site Conservation Lands Documents.

The Habitat Mitigation and Management Plan (HMMP) describing enhancements to the on- site conservation area for California tiger salamander and California red -legged frog ( Rana draytonii), as well as the Long -Term Management Plan (LTMP) describing how the on-site conservation area is to be managed, have been approved by the USFWS but not yet by CDFW. Based on preliminary comments by CDFW on those plans, we expect to have to make some revisions to those plans, and respond to CDFW comments on the plans, in order to obtain CDFW approval. In addition, any revisions to those plans made in response to CDFW comments would then need to be approved by the USFWS. This task includes coordination, responses to comments, and HMMP/LTMP edits necessary to obtain approval of the final HMMP and LTMP by both agencies.

Subtask 2.7D Wetland Mitigation and Monitoring Plan (WMMP). The City intends to provide compensatory mitigation for impacts to all vegetated wetlands regulated by the U.S. Army Corps of Engineers (USACE) and San Francisco Bay Regional Water Quality Control Board (RWQCB) via creation/restoration of seasonal wetlands in the vicinity of the former airfield. Arup has already prepared a rough grading plan and

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H. T. HARVEY & ASSOCIATES
hydrologic analysis for this mitigation. HTH will pre pare a WMMP that builds on Arup’s work. The WMMP will describe the wetland conservation that the City will perform to compensate for impacts of Economic Development Conveyance (EDC) activities on jurisdictional wetlands. HTH will coordinate with the City team, USACE, and RWQCB regarding the wetland mitigation concept and assist with the development of more detailed wetland restoration planning. HTH will prepare conceptual revegetation plans based on the grading plans; edit the WMMP per comments from ESA and the City; submit the WMMP to the USACE and RWQCB; and edit the WMMP per (and respond to) comments from those agencies on the draft document. As part of WMMP development, HTH will also prepare a draft and final LTMP, along with an accompanying PAR analysis, for the onsite wetlands preserve.

Subtask 2.7E Other Waters Mitigation Plan ( OWMP), Riparian Mitigation and Monitoring Plan (RMMP), and Willow Pass Creek Restoration Assistance . The OWMP describes how the City will compensate for impacts of EDC activities on “other waters” (jurisdictional streams regulated by the USACE and RWQCB). HTH drafted the OWMP in 2019. However, impacts on other waters may differ under Brookfield’s Specific Pla n from the impacts previously evaluated, and details of mitigation (which will be provided along Mt. Diablo Creek) may also be influenced by Brookfield’s plans. Under this task, HTH will revise the OWMP to adequately describe impacts from, and mitigation that considers, EDC development under Brookfield’s plans.

Impacts to riparian habitats regulated by the CDFW and RWQCB will need to be mitigated by restoration and enhancement of riparian habitat along Mt. Diablo Creek. Although riparian restoration is described to some extent in the OWMP, that plan may not fully encompass all the riparian habitat mitigation necessary to meet agency permit conditions. The City team has decided that the Riparian Habitat Enhancement and Management Plan (RHEMP) described in Subtask 2.7F is not the appropriate document for describing riparian mitigation because the RHEMP is being provided only to the USFWS (as a condition of the BO). Therefore, HTH will prepare a separate RMMP that describes riparian habitat mitigation and long-term management of the riparian mitigation habitat preserve (expected to be the same area where the other waters preserve will be established).

This task includes drafting the document and associated maps and plans, editing the draft as necessary based on input from the City team, submitting it to the resource agencies, and revising it per those agencies’ comments.

Based on feedback from the USACE, RWQCB, and CDFW, piping of the entire on-site reach of Willow Pass Creek may not be permittable. Rather, realignment and/or restoration of that creek may be necessary to both accommodate development and address the creek’s severe erosion and incision. Because realignment of the creek would need to be designed in consideration of Brookfield’s development plans, we have assumed that the majority of design and planning related to Willow Pass Creek would be performed by Brookfield’s team.

However, under this task, HTH would assist in the planning and design for Willow Pass Creek realignment to help achieve an outcome that would be permitted by the resource agencies. HTH’s assistance would include attending meetings with the City team, Brookfield, and the resource agencies to discuss these issues; providing

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H. T. HARVEY & ASSOCIATES
guidance on creek restoration/realignment; and reviewing and commenting on Willow Pass Creek realignment plans prepared by Brookfield.

Subtask 2.7F Riparian Habitat Enhancement and Management Plan (RHEMP). The RHEMP is a plan required by Conservation Measure 6 of the USFWS BO that describes the Mt. Diablo Creek habitat enhancement and management activities that the City will implement. HTH previously worked with ESA and other members of the City’s team to identify proposed grading and other enhancement activities along Mt.

Diablo Creek and began preparation of the RHEMP based on the OWMP. However, the RHEMP was not completed. Under this task, HTH will complete the RHEMP. HTH will coordinate with the City team to incorporate any edits necessary based on City review; submit the document to the USFWS; respond to USFWS comments and edit the RHEMP as necessary based on those comments; and coordinate with the City and USFWS to finalize the RHEMP.

Subtask 2 .7G 404, 401, and 1602 Permitting Support. Development will necessitate a Clean Water Act (CWA) Section 404 permit from the USACE, CWA Section 401 Water Quality Certification and Porter - Cologne Waste Discharge Requirements from the RWQCB, and Section 1602 Lake or Streambed Alteration Agreement from the CDFW. We assume that other team members (e.g., Integral) will take the lead in preparing applications for these permits. However, HTH will continue to provide support during the preparation of those applications and coordination with those agencies. Such support will include providing information or files on HTH’s previous delineation of regulated habitats, providing information on compensatory mitigation, and providing other input as necessary.

Subtask 2.7H Federal Endangered Species Act Coordination. The project has already obtained a BO from the USFWS authorizing the project’s incidental take of the California tiger salamander, California red -legged frog, and Alameda whipsnake (Masticophis lateralis euryxanthus). However, some additional coordination with the USFWS regarding project effects on federally listed species is expected to be necessary. For example, the BO states that if outfalls to Mt. Diablo Creek are necessary, the City will need to provide the plans/designs for those outfalls to USFWS, which will determine whether any incidental take associated with the outfalls is covered by the BO or whether additional consultation (e.g., a BO amendment) is necessary. In addition, one species that was not listed or proposed for listing when the BO was issued – northwestern pond turtle (Actinemys marmorata) – is now proposed for federal listing and has been recorded on the project site. If this species is listed, a BO amendment may be necessary. HTH will coordinate with the USFWS as necessary regarding these issues and provide information requested by the USFWS (which may include an effects analysis for the northwestern pond turtle) to ensure that the project has the Federal Endangered Species Act incidental take authorization necessary.

Subtask 2 .7I Off-Site Listed Species Mitigation Coordination. The BO from the USFWS requires compensatory mitigation for the California tiger salamander and California red -legged frog both in the on-site conservation area and on off -site lands that have not yet been identified. HTH has been assisting the City in identifying suitable off-site mitigation lands by conducting surveys for the two focal species on off- site lands.

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H. T. HARVEY & ASSOCIATES
Under this task, HTH would continue providing such assistance by reviewing mitigation agreements and other documents related to mitigation and/or conducting additional field surveys and preparing conservation area documents (e.g., an HMMP describing any appropriate site/habitat enhancements, an LTMP describing long - term management of the conservation area, and a PAR analysis describing necessary long-term funding for site management and monitoring).

Subtask 2.7J Other Permitting Assistance. It is possible that additional permitting assistance may be needed for the project. For example, although the City has previously conveyed to the USFWS that it would not be seeking a Bald and Golden Eagle Protection Act permit, recent guidance from USFWS regarding buffers that should be maintained between construction activities and nests of the golden eagle (Aquila chrysaetos ), which nests in the on-site conservation area, suggests that the USFWS may encourage the City to obtain such a permit.

In addition, the Crotch’s bumble bee (Bombus crotchii) and burrowing owl (Athene cunicularia) are candidates for state listing that may occur on the project site, and the CDFW has been increasingly encouraging projects to consider this species in planning and permitting, so if these species remain candidates or are actually listed, it is possible that take avoidance measures or obtaining an ITP for these species would be necessary. This task includes time for HTH to assist with any permitting issues that may arise but that are not specified above, up to the budget provided for this task.

For budgeting purposes, we have assumed that we would perform approximately 75% of the work described for the subtasks under Task 2.7 in Year 2.

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

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AGREEMENT FOR PROFESSIONAL SERVICES
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THIS AGREEMENT ("Agreement") is entered into on April 1, 2025 between the City of Concord, a California municipal corporation, ("CITY") and Integral Consulting, Inc., C Corporation, 601 Montgomery Street, San Francisco, CA 94111 (“CONSULTANT”).

THE PARTIES ENTER THIS AGREEMENT based upon the following facts, understandings and intentions:

The CITY desires to contract with CONSULTANT to provide the professional services described in Section 2 of this Agreement, upon the terms and conditions hereinafter set forth.

NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and promises of the parties herein contained, the parties hereto agree as follows:

1. TERM. This Agreement shall commence on April 1 , 2025 and expire on March 31, 2026.

3. PAYMENT. The compensation to be paid to CONSULTANT including payment for professional services and reimbursable expenses, shall be at the rate and schedules in detail in Exhibit A. However, in no event shall the amount
CITY pays CONSULTANT exceed Three Hundred Fifty-
Two Thousand Fourty Four dollars ($352,044) for the term of this Agreement. Any Amendment to this Agreement that includes an increase to this compensation amount shall be made in accordance with Section 5 below.

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time of payment.

6. INDEPENDENT CONTRACTOR. Both parties understand and acknowledge that CONSULTANT, its officers, agents, employees, volunteers and subcontractors are and shall at all times

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8. PERFORMANCE BY CONSULTANT. CONSULTANT shall not employ other

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consultants, subconsultants, experts, or contractors without the pr ior written approval of the CITY .

CONSULTANT’s records, documents, calculations, and all other instruments of service pertaining to actual project shall be given to CITY at the completion of the project. The CITY reserves the right to specify the file format that electronic document deliverables are presented to the CITY. [Alternative: Title to all plans, specifications, maps, estimates, reports, manuscripts, drawings, descriptions and other final work products compiled by the CONSULTANT under the Agreement shall be vested in the CITY, none of which shall be used in any manner whatsoever, by any person, firm, corporation, or agency without the expressed written consent of the CITY. Basic survey notes and sketches, charts, computations, and other data prepared or obtained under the Agreement shall be made available, upon re quest, to the CITY without restriction or limitations on their use. CONSULTANT may retain copies of the above -described information b ut agrees not to disclose or discuss any information gathered, discussed or generated in any way through this Agreement without the written permission of CITY during the term of this Agreement, unless required by law.]

10. INDEMNIFICATION.

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A. For Design Professional Services Only. Pursuant to California Civil Code Section 2782.8, CONSULTANT agrees to indemnify the CITY (including its officers, officials, agents, employees and volunteers) against liability for claims against the CITY that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT in the performance of this Agreement. The CONSULTANT will reimburse the CITY for any ex penditures, including reasonable attorney fees, incurred by the CITY in defending against claims ultimately determined to arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT.

13. SUSPENSION OF WORK. CITY may, at any time, by written notice, suspend further performance by CONSULTANT. All suspensions shall extend the time schedule for performance in a

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15. COMPLIANCE WITH CIVIL RIGHTS . During the performance of this contract, CONSULTANT agrees as follows:

B. Nondiscrimination Civil Rights Act of 1964. CONSULTANT will comply with all federal regulations relative to nondiscrimination in federally assisted programs.

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16. CONFLICT OF INTEREST.

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term, covenant, condition, or obligation, nor shall any waiver of any incident of breach of default constitute a continuing waiver of same.

20. ENFORCEABILITY; INTERPRETATION. In the event that any of the provisions or portions of application of any of the provisions of the Agreement are held to be illegal or invalid by a court of competent jurisdiction, CITY and CONSULTANT shall negotiate an equitable adjustment in the provisions of the Agreement with a view toward affecting the purpose of the Agreement. The illegality or invalidity of any of the provisions or portions of application of any of the provisions of the Agreement shall not affect the legality or enforceability of the remaining provisions or portions of application of any of the provisions of the Agreement. This Agreement shall be interpreted as though it was a product of a joint drafting effort and no provisions shall be interpreted against a party on the ground that said party was solely or primarily responsible for drafting the language to be interpreted.

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To CITY: Guy Bjerke ,
Director
Economic Development and Base Reuse
City of Concord
1950 Parkside Drive
Concord, CA 94519-2578
Phone: (925) 671-3076
Email: [email protected]

To CONSULTANT: Cameron Johnson,
Principal
Integral Consulting, Inc.
601 Montgomery Street
San Francisco, CA94111
Phone: (415)602-2970
Email: [email protected]

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

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been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.

IN WITNESS WHEREOF, the parties have executed this Agreement in one (1) or more copies as of the date and year first written above.

CONSULTANT CITY OF CONCORD, a Municipal
Corporation

By:_________________________________ By:______________________________ Name: Cameron Johnson Name: Valerie J. Barone Title: Principal Title City Manager
Address: 601 Montgomery Street Address: 1950 Parkside Drive San Francisco,CA 94111 Concord, CA 94519
Telephone: (415)602-2970 Telephone: (925) 671-3150
Email: [email protected]
APPROVED AS TO FORM: ATTEST:

Susanne Meyer 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 2025/2026 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.

THE SUM OF $352,044. Account Code 4029500C999-63800/4022721211-63800 .

Finance Director's Signature

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Integral Consulting Inc.
601 Montgomery Street
Suite 888
San Francisco, CA 94111

telephone: 415.393.4750
www.integral-corp.com

Confidential and Proprietary
Not for Third Party Distribution

March 3, 2025 Reference No. C3837

Guy Bjerke
Director of Community Use Planning
City of Concord
1950 Parkside Drive, Suite M/S 56
Concord, CA 94519

Subject: Permitting Task Review- Concord Redevelopment Project Dear Mr. Bjerke:

Thank you for the opportunity to continue providing professional environmental entitlement and strategy development services for the Redevelopment of the Concord Naval Weapons Station. I am attaching to this letter a Scope of Services, requesting approval of proposed budget for a total of three fiscal years FY 2025-26 Fiscal Year (March – Feb), the 2026-2027 Fiscal Year (March- Feb), as well as for the 2027-2028 Fiscal Year (March – Feb), pursuant to the Professional Services Agreement between the City of Concord and Integral Consulting, LLC (dated August 28, 2023).

The attached Scope of Work reflects a continuation of the permitting work that is currently underway, and will focus on completion of agency negotiation and permitting, as well as work with the new project developer. Tasks are expected to include meetings with the developer to meet agency requirements, as well as to provide background on regulations and site constrains, followed by engagement with the regulatory agencies.

Please see the attached spreadsheet with the current requested budget proposal. Cost estimates include a 5% annual escalation rate.

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Scope of Work Confidential and Proprietary
Concord Redevelopment Project Not for Third Party Distribution

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SCOPE OF SERVICES
FY 2025/2026

Task 1: Regulatory Planning and Support
Service may include the following: Development of project strategies for attaining required agency permits (Including Clean Water Act, Endangered Species Act, National Environmental Policy Act, among others), review of Developer plans and provision of inputs to engineers and designers regarding regulatory pathways. Task is expected to include meetings with the City team, Developer team, as well as regulatory agencies including the U.S. Army Corps of Engineers (USACE), Regional Water Quality Control Board (RWQCB), and the California Department of Fish & Wildlife (CDFW).

Meetings with the Developer are expected to include the Developer’s engineering and design teams, for layout the proposed project, analyses of project impacts, and discussions regarding most likely agency responses. These meetings will also generate data required to feed into permit application packages, and development of final mitigation strategies.

Meeting schedule with only City (internal team) are assumed to be weekly, with preparation and research time included (8 hours per week).

Meeting schedule with the City and Developer teams are assumed to be weekly, with preparation and research time included (8 hours per week).

Meetings with the agencies are expected to occur 4 times (each 3 months), and include 8 hours (including preparation), per meeting.

Total hours include 864, over a twelve month period (Principal).

Cost Estimate: $299,376

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Scope of Work Confidential and Proprietary
Concord Redevelopment Project Not for Third Party Distribution

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Task 2: Draft and Submit request for Water Quality Certification:

Service is expected to include preparation of permit application documents (including all support documents) for submittal to the Regional Water Quality Control Board. Task will run concurrent with on -going negotiation and final permit issuance by the US A rmy Corps of Engineers (forthcoming Section 404 Individual Permit). The current strategy includes requesting an overall (umbrella) 401 permit that would parallel the Individual Permit requirements and include all anticipated near-term AND long-term impacts to Clean Water Act jurisdiction, with a specific focus on the impacts associated with Phase 1 of the project.

This estimate of costs assumes a total of 200 hours of effort as detailed below (Senior).

Cost Estimate: $46,200

Task 3: Mitigation Plans - Wetlands

Service includes initial reviews of previous mitigation plan efforts, including maps and plans that were previously created. Effort is to determine the current status of mitigation plans, and to specifically identify data gap, and to evaluate existing plans in light of current agency regulatory requirements. Cost Estimate includes up to 28 hours of document writing and preparation, as well as one round of edits following review by the regulatory agencies (Senior).

Cost Estimate: $6,468

Total FY 2025/2026: $352,044

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Scope of Work Confidential and Proprietary
Concord Redevelopment Project Not for Third Party Distribution

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FY 2026/2027
Task 1: Regulatory Planning and Support
Service may include the following: Development of project strategies for attaining required agency permits (Including Clean Water Act, Endangered Species Act, National Environmental Policy Act, among others), review of Developer plans and provision of inputs to engineers and designers regarding regulatory pathways. Task is expected to include meetings with the City team, Developer team, as well as regulatory agencies including the U.S. Army Corps of Engineers (USACE), Regional Water Quality Control Board (RWQCB), and the California Department of Fish & Wildlife (CDFW).

Meeting schedule with the City and Developer teams are assumed to be weekly, with preparation and research time included (8 hours per week).

Meetings with the agencies are expected to occur 4 times (each 3 months), and include 8 hours (including preparation), per meeting.

Total hours include 448, over a twelve month period (Principal).

Cost Estimate: $162,996

Task 2: Jurisdictional Determination

The jurisdictional determination map that was previously verified by USACE for the project site has expired. Initial discussion with the USACE South Branch Chief has indicated that the map will need to be re-visited and re-verified by USACE due to 1) the age of the previous map, and 2) the new changes in agency jurisdiction due to a recent Supreme Court Case.

This task intends to take a 2-step approach; Firstly, discussions with the USACE to confirm methodologies required to meet agency standards, and secon dly re-mapping and report
writing for submittal to the agency. We are hopeful that the agency will agree to allow an approach that includes field research to confirm that the site conditions have not changed (i.e., the previous map remains valid), with the agreement to re -map any areas that have experienced changes in the field. The general idea is to produce a map, based on the previous efforts, that the USACE and the RWQCB will agree represent their current

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Scope of Work Confidential and Proprietary
Concord Redevelopment Project Not for Third Party Distribution

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respective jurisdictional limits. This task, including agency meetings, field delineation, and subsequent map production and report writing, is expected to include 176 hours (16 hours with the agencies, 160 hours for mapping and report writing) (Senior).

Cost Estimate: $40,656

Task 3: Mitigation Plans - Wetlands

Service includes mitigation planning assistance for existing mitigation proposal (including airfield mitigation area). This cost estimate assumes the preparation of a Mitigation and Monitoring Plan, and a Long Term Management Plan, for the airfield mitigation site. These plans will include specific management and performance criteria that will be included as conditions in the regulatory agency permits. Cost Estimate includes up to 160 hours of document writing and preparation, as well as one round of edits following review by the regulatory agencies (Senior).

Cost Estimate: $30,492

Task 4: Draft and Submit request for Streambed Alteration Agreement

Service is expected to include preparation of permit application documents (including all support documents) for submittal to the California Department of Fish & Wildlife (CDFW).

Task will run concurrent with on-going negotiation and final permit issuance by the US Army Corps of Engineers (forthcoming Section 404 Individual Permit), and the submittal of the request for Water Quality Certification (Section 401). This estimate of costs assumes a total of 200 hours of effort as detailed below (Senior).

Cost Estimate: $46,200

Total FY 2026/2027: $280,344

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Scope of Work Confidential and Proprietary
Concord Redevelopment Project Not for Third Party Distribution

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FY 2027/2028
Task 1: Regulatory Planning and Support
Service may include the following: Development of project strategies for attaining required agency permits (Including Clean Water Act, Endangered Species Act, National Environmental Policy Act, among others), review of Developer plans and provision of inputs to engineers and designers regarding regulatory pathways. Task is expected to include meetings with the City team, Developer team, as well as regulatory agencies including the U.S. Army Corps of Engineers (USACE), Regional Water Quality Control Board (RWQCB), and the California Department of Fish & Wildlife (CDFW).

Meeting schedule with the City and Developer teams are assumed to be twice per month, with preparation and research time included (8 hours per week).

Meetings with the agencies are expected to occur 2 times (each 6 months), and include 8 hours (including preparation), per meeting. Total hours include 224, over a twelve month period (Principal).

Cost Estimate: $85,572
Task 2: Draft Individual Permit:

Service by the Company includes the drafting (following finalization of framework) of a DRAFT permit document for use by the USACE. We anticipate that this permit will provide the baseline document that the USACE will utilize for permit issuance, as well as for any future permit modifications (expected as each new phase comes about). This document will include specific and discrete “special conditions” that will define the requirements for the initial- as well as future phases, including timing, mitigation requirements, submittal requirements, minimization and avoidance measures, as well as define triggers for re - initiation with USACE and specific authorization for fill of regulated water of the U.S. This estimate of costs assumes a total of 80 hours of writing time (Principal).

Cost Estimate: $30,562

Total FY 2027/2028: $116,134

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Estimated Fee
The total estimated fee, over three years, is $748,522.00, based upon Integral’s current rate schedule for 2025, and applies an annual escalation rate of 5%.

Rate Sheet

2025/2026 2026/2027 2027/2028
Regulatory Specialist (Principal) $346.50 $363.83 $382.02 Regulatory Specialist (Senior) $231.00 $242.55 $254.68
Regulatory Specialist (Associate) $173.25 $181.91 $191.01 Botanist $157.50 $165.38 $173.65

Thank you for your consideration of our offer. Please call me if you would like to discuss or require additional information. We look forward to working with you in this matter.

If you have questions regarding this proposal, please reach out to me at (415) 602-2970 Respectfully,

Cameron Johnson
Principal

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EXHIBIT “B”

MINIMUM SCOPE OF INSURANCE.

Coverage shall be at least as broad as:

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.

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

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AGREEMENT FOR LEGAL PROFESSIONAL SERVICES
THIS AGREEMENT is entered into on April 1, 2025 (“EFFECTIVE DATE”) by and between the City of Concord ("CITY"), and Jarvis Fay , LLP, 555 12th Street, Suite 1630, Oakland, CA 94607 ("CONSULTANT").

WHEREAS, CITY requires the assistance of outside legal counsel to perform legal advisory and litigation services for CITY.

WHEREAS, CITY desires to contract with CONSULTANT f or provision of such specialized legal expertise and services as further described herein, upon the terms and conditions hereinafter set forth.

NOW, THEREFORE, in consideration of the mutual promises, covenants, and agreements subject to the terms and conditions set forth herein, the parties agree as follows:

1. Scope of Work.

A. CONSULTANT shall assist and represent the CITY in all matters, including but not limited to, the following:

1. Provide land use advice in support of preparation of the Infrastructure Master Plan and phasing related to Concord Naval Weapon Station matters to ensure delivery of key infrastructure and related community benefits; and review of traffic studies, which help form the basis for eventual mitigation programs.

2. Provide CEQA advice related to Concord Naval Weapon Station matters.

3. Provide advice on any related matters as directed by LRA from time to time.

B. CONSULTANT shall obtain prior CITY approval for the retention of any subconsultants
and/or expert witnesses.

2. Term. The term of this Agreement shall be from the EFFECTIVE DATE, set forth above until March 31, 2026 or unless otherwise terminated by either party in accordance with the terms of this Agreement, subject to available funds.

3. Consideration. As full consideration for the work to be performed by CONSULTANT, CITY shall pay CONSULTANT based upon the hourly rates for its attorney(s) assigned to assist CITY Attachment 9

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28 to be paid upon submission and approval of invoices. The hourly rates are as follows:

Rate Group
Hourly Rates for FY 2025-26
Senior
Partner
Partner/Of
Counsel
Senior Associate Associate Legal
Assistant
Reimbursable $615 $555 $490 $430 $215

CONSULTANT will bill time monthly on a
straight hourly basis. CONSULTANT charges
clients for actual costs for travel and other extraordinary expenses such as courier services and express mail, but does not separately charge for long- distance telephone calls, copying, postage, etc., adding instead for these itemized charges a four percent (4%) administrative charge to the monthly billing.

For each matter or case for which CONSULTANT provides services during the period covered in each monthly billing, invoices shall include a separate cover letter identifying the total amount billed for each matter or case. As these cover letters will be subject to disclosure through the California Public Records Act (California Government Code §§ 6250, et seq.), CONSULTANT shall ensure that the case or matter descriptions used therein do not reflect CONSULTANT impressions, conclusions, opinions, or legal research or strategy.

The total amount paid to CONSULTANT pursuant to this Agreement shall not exceed Two Hundred Thirty Eight Thousand Twenty Four ($238,024) through March 31, 2026, without CITY’s express written authorization. If requested by CITY, the “not to exceed” amount described in this Paragraph 3 may be increased upon execution of an amendment setting forth the new “not to exceed” amount, all in accordance with Paragraph 14 of this Agreement.

4. Records. CONSULTANT shall maintain accounting records and other evidence pertaining to the cost incurred and shall make the records available to authorized representatives of CITY or other governmental agency or district authorized by CITY to inspect such records. These records shall be available at all reasonable times during the Agreement period and for four (4) years

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28 from the date of final payment for work performed hereunder.

5. Key Personnel. All of the services required hereunder shall be performed by CONSULTANT or under his/her/its supervision, and all personnel engaged in the work shall be fully qualified to perform such services. Any change in the key personnel shall be subject to the written approval of CITY. The following are the key personnel for the subject of this Agreement:

Rick Jarvis, Esq.(Senior Partner) $ 615
Alexandra Barnhill, Esq (Senior Partner) $ 615
Kathleen (Kit) Faubion, Esq (Of Counsel) $ 615
Christie Crowl, Esq. (Partner) $ 555

6. CITY-Authorized Representative. An authorized representative shall represent CITY in all matters pertaining to the services rendered by CONSULTANT under this Agreement. All documents and requests for information shall be submitted through this representative and CITY will cooperate with CONSULTANT in all matters relating to this Agreement in such manner as will result in the performance of such work without delay. The CITY- authorized representative is the City Attorney.

7. Termination.

A. Either party may terminate this Agreement at any time, without cause, upon seven (7) days ’ notice of discontinuance and termination of said Agreement given in writing. Such notice shall be sufficient and complete when same is deposited in the United States mail, first class postage prepaid, to the address shown in the paragraph herein concerning notice.

B. CITY may at any time, at its discretion, abandon or suspend any portion of work to be done under the terms of this Agreement.

C. In the event of CITY's abandonment or suspension of CONSULTANT's work under this Agreement, or in the event of the termination of this Agreement, CONSULTANT shall stop work at the stage directed by CITY and shall deliver to CITY all reports, pleadings, discovery, and file materials relating to the
work described in Paragraph 1 above . At the discretion of CITY, CONSULTANT shall also cancel all orders for goods or services connected with this Agreement which have not been delivered or received,

8. Equal Opportunity Assurance. During the performance of this Agreement,

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28 CONSULTANT agrees as follows:

A. CONSULTANT will not discriminate against any employee or applicant for employment because of race, sex, creed, physical handicap, color, sexual orientation, or national origin.

CONSULTANT will take affirmative action to ensure that employees are treated equally without regard to race, gender, creed, physical handicap(s), color, sexual orientation, or national origin. 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. CONSULTANT agrees to post, in conspicuous places, available to employees and applicants for employment, notices setti ng forth the provisions of this nondiscrimination clause.

B. In the event of CONSULTANT's noncompliance with the nondiscrimination clause of this Agreement, this Agreement may be canceled, terminated, or suspended in whole or in part.

9. Insurance. CONSULTANT shall, at its own expense, procure and maintain in full force at all times during the term of this Agreement the following insurance:

A. Commercial General Liability Coverage . CONSULTANT shall maintain commercial general liability insurance with limits of no less than One M illion Dollars ($1,000,000) combined single limit per occurrence or T wo Million Dollars ($2,000,000) aggregate limit for bodily injury, personal injury, and property damage.

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

C. Professional Liability Coverage (Errors and Omissions) . CONSULTANT shall maintain professional liability insurance with coverage for all negligent errors, acts or omissions committed by CONSULTANT, its agents and employees in the performance of this Agreement. The amount of this insurance shall be not less t han One Million Dollars ($1,000,000) on a claims made annual aggregate basis or a combined single limit per occurrence basis.

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28 D. Compliance with State Workers' Compensation Requirements .

CONSULTANT covenants that it will insure itself against liability for Workers' Compensation pursuant to the provisions of California Labor Code §3700, et seq. CONSULTANT shall, at all times, upon demand of the City, furnish proof that Workers' Compensation Insurance is being maintained by it in force and effect in accordance with the California Labor Code. The insurer shall also agree to waive all rights of subrogation against the CITY, its officers, officials, employees and volunteers for losses arising from work performed by CONSULTANT for CITY. This provision shall not apply upon written verification by CONSULTANT that CONSULTANT has no employees.

E. Other Insurance Provisions . The policies are to contain, or be endorsed to contain the following provisions:
(1) Additional Insured. CITY, its officers, 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, 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 noti ce 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, employees, and volunteers. Any insurance, risk pooling arrangement, or self -insurance maintained by CITY, its officers, officials, 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, employees, or volunteers.
(4) Verification of Coverage. CONSULTANT shall furnish CITY with

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28 certificates of insurance and the original endorsements effecting coverage required by this Agreement.

The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The aforementioned policies shall be issued by an insurance carrier having a rating of Best A -7 or better which is satisfactory to the City Attorney and shall be delivered to CITY at the time of the execution of this 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.

10. Indemnification.

A. For Design Professional Services Only. Pursuant to California Civil Code Section 2782.8, CONSULTANT agrees to indemnify the CITY (including its officers, officials, agents, employees and volunteers) against liability for claims against the CITY that arise out of, pertain to, or relate to the ne gligence, recklessness, or willful misconduct of CONSULANT in the performance of this agreement. The CONSULTANT will reimburse the CITY for any expenditures, including reasonable attorney fees, incurred by the CI TY in defending against claims ultimately determined to arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT.

B. For All Other Services. CONSULTANT agrees to defend, indemnify and hold harmless the CITY (including its officers, officials, agents, employees and volunteers) from and against all claims, demands, actions, losses, damages, injuries, and liability (including all attorney’s fees and other litigation expenses) arising out of the CONSULTANT’S performance under the terms of this Agreement. This indemnification obligation on CONSULTANT’s part shall not apply to the demans, actions, losses, damages, injuries, and liability arising out of the sole negligence or willful misconduct on the part of the CITY.

11. Independent Contractor. CONSULTANT is an independent contractor retained by CITY to perform the work described herein. All personnel employed by CONSULTANT, including subcontractors and personnel of said subcontractors approved by CITY, are not and shall not be deemed to be employees of CITY. CONSULTANT and approved subcontractors shall comply with all State and Federal laws pertaining to employment and compensation of their employees or agents, including

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28 the provision of Workers' Compensation. CITY shall not, under any circumstances, be liable to CONSULTANT or any person or persons acting for him/her/it for any death, injury, or property destruction or damage received or claimed relating to or stemming from the activities undertaken pursuant to this Agreement.

12. Notice. All notices required herein shall be sent via First Class U.S. Mail with postage prepaid thereon to the parties as follows:

To CITY: Susanne Meyer Brown, Esq.

City Attorney
City of Concord
1950 Parkside Drive MS/08
Concord, CA 94519

To CONSULTANT: Alexandra Barnhill, Esq.

Jarvis Fay, LLP
555 12 th St, Suite 1630
Oakland, CA 94607

Notices shall be deemed effectively served upon deposit in the United States Mail.

13. Assignment. CITY is entering into this Agreement in consideration of the rendition of the services required herein by CONSULTANT. CONSULTANT shall not assign any of the duties, responsibilities, or obligations of this Agreement to any other firm, company, entity, or individual, except with the express written consent of CITY. Nothing set forth in this paragraph shall preclude CONSULTANT from assigning any of the monies due and owing to him/her/it from CITY.

14. 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.

15. Entire Agreement. This Agreement contains the entire agreement between the parties hereto. No promise, representation, warranty, or covenant not included in the Agreement has been or is relied upon by any party hereto.

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28 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year written above.

CONSULTANT:

Jarvis Fay, LLP

By: ____________________________________________
Name: Alexandra Barnhill
Title: Senior Partner
Email: [email protected]

CITY OF CONCORD

By: ____________________________________________
Susanne Meyer Brown, City Attorney

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Jarvis Fay LLP
CNWS Budget Estimate
Year Two

Date: February 24, 2025

Year 2 Budget (Mar 1, 2025 to Feb 28, 2026)
Description Sr. Partner Partner Sr. Associate Associate Paralegal Totals Rate $615 $555 $490 $430 $215

2.1 Specific Plan 139 28 16 183
$85,485 $15,540 $6,880 $107,905

2.2 Infrastructure Master Plan 90 0 0 90
$55,350 $0 $0 $55,350

2.3 CEQA Review 78 21 10 109
$47,970 $11,655 $4,300 $63,925

2.5 DDA Negotiations 15 2 0 17
$9,225 $1,110 $0 $10,335
Total Hours 322 51 26 399
Total Cost $198,030 $28,305 $11,180 $237,515

Note: Jarvis Fay ’s scope of work under the Legal Service Agreement is to: (1) Provide CEQA and land use advice related to Concord Naval Weapon Station matters , and (2) Provide advice on any related matters as directed by City from time to time.

Conﬁdential memos describing the detailed scope of services that Jarvis Fay expects to provide on this matter during FY 2024- 2026 have previously been provided to the City and are still applicable.

Assumptions: Jarvis Fay will work on the Infrastructure Master Plan from Q2 2025 (April – June) through Q1 2026 (Jan uary – March). Jarvis Fay will work on Speciﬁc Plan, CEQA Review, and DDA Negotiations beginning in Q4 2025 (October - December) and into Q1 2026 (January - March).

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AGREEMENT FOR PROFESSIONAL SERVICES
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THIS AGREEMENT ("Agreement") is entered into on April 1, 2025 between the City of Concord, a California municipal corporation, ("CITY") and Placeworks, Inc, S Corporation, 2040 Bancrosft Way, Suite 400, Berkeley, CA 94704 (“CONSULTANT”).

THE PARTIES ENTER THIS AGREEMENT based upon the following facts, understandings and intentions:

The CITY desires to contract with CONSULTANT to provide the professional services described in Section 2 of this Agreement, upon the terms and conditions hereinafter set forth.

NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and promises of the parties herein contained, the parties hereto agree as follows:

1. TERM. This Agreement shall commence on April 1 , 2025 and expire on March 31, 2026.

3. PAYMENT. The compensation to be paid to CONSULTANT including payment for professional services and reimbursable expenses, shall be at the rate and schedules in detail in Exhibit A. However, in no event shall the amount CITY
pays CONSULTANT exceed Seventy-Eight
Thousand Seven Hundred Fifty dollars ($78,750) for the term of this Agreement. Any Amendment to this Agreement that includes an increase to this compensation amount shall be made in accordance with Section 5 below.

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time of payment.

4. AUTHORIZED REPRESENTATIVES . Authorized representatives shall represent CITY and CONSULTANT in all matters pertaining to the services to be ordered by CITY or rendered by CONSULTANT under this Agreement except where approval for the CITY is specifically required by the City Council. The CITY’s authorized representative is Guy Bjerke , Director of the Economic Development and Base Reuse. The CONSULTANT ’s authorized representative is Karen Gulley , Managing Principal, Design.

6. INDEPENDENT CONTRACTOR. Both parties understand and acknowledge that CONSULTANT, its officers, agents, employees, volunteers and subcontractors are and shall at all times

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8. PERFORMANCE BY CONSULTANT. CONSULTANT shall not employ other

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consultants, subconsultants, experts, or contractors without the pr ior written approval of the CITY .

CONSULTANT’s records, documents, calculations, and all other instruments of service pertaining to actual project shall be given to CITY at the completion of the project. The CITY reserves the right to specify the file format that electronic document deliverables are presented to the CITY. [Alternative: Title to all plans, specifications, maps, estimates, reports, manuscripts, drawings, descriptions and other final work products compiled by the CONSULTANT under the Agreement shall be vested in the CITY, none of which shall be used in any manner whatsoever, by any person, firm, corporation, or agency without the expressed written consent of the CITY. Basic survey notes and sketches, charts, computations, and other data prepared or obtained under the Agreement shall be made available, upon re quest, to the CITY without restriction or limitations on their use. CONSULTANT may retain copies of the above -described information b ut agrees not to disclose or discuss any information gathered, discussed or generated in any way through this Agreement without the written permission of CITY during the term of this Agreement, unless required by law.]

10. INDEMNIFICATION.

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A. For Design Professional Services Only. Pursuant to California Civil Code Section 2782.8, CONSULTANT agrees to indemnify the CITY (including its officers, officials, agents, employees and volunteers) against liability for claims against the CITY that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT in the performance of this Agreement. The CONSULTANT will reimburse the CITY for any expenditures, including reasonable attorney fees, incurred by the CITY in defending against claims ultimately determined to arise out of, pertai n to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT.

13. SUSPENSION OF WORK. CITY may, at any time, by written notice, suspend further performance by CONSULTANT. All suspensions shall extend the time schedule for performance in a

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15. COMPLIANCE WITH CIVIL RIGHTS . During the performance of this contract, CONSULTANT agrees as follows:

B. Nondiscrimination Civil Rights Act of 1964. CONSULTANT will comply with all federal regulations relative to nondiscrimination in federally assisted programs.

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16. CONFLICT OF INTEREST.

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term, covenant, condition, or obligation, nor shall any waiver of any incident of breach of default constitute a continuing waiver of same.

20. ENFORCEABILITY; INTERPRETATION. In the event that any of the provisions or portions of application of any of the provisions of the Agreement are held to be illegal or invalid by a court of competent jurisdiction, CITY and CONSULTANT shall negotiate an equitable adjustment in the provisions of the Agreement with a view toward affecting the purpose of the Agreement. The illegality or invalidity of any of the provisions or portions of application of any of the provisions of the Agreement shall not affect the legality or enforceability of the remaining provisions or portions of application of any of the provisions of the Agreement. This Agreement shall be interpreted as though it was a product of a joint drafting effort and no provisions shall be interpreted against a party on the ground that said party was solely or primarily responsible for drafting the language to be interpreted.

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To CITY: Guy Bjerke ,
Director
Economic Development and Base Reuse
City of Concord
1950 Parkside Drive
Concord, CA 94519-2578
Phone: (925) 671-3076
Email: [email protected]

To CONSULTANT: Karen Gulley,
Managing Principal, Design
Placeworks, Inc
2040 Bancrosft Way, Suite 400
Berkeley, CA94704
Phone: (714)966-9220
Email: [email protected]

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

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been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.

IN WITNESS WHEREOF, the parties have executed this Agreement in one (1) or more copies as of the date and year first written above.

CONSULTANT CITY OF CONCORD, a Municipal
Corporation

By:_________________________________ By:______________________________ Name: Karen Gulley Name: Valerie J. Barone
Title: Managing Principal, Design Title City Manager
Address: 2040 Bancrosft Way, Suite 400 Address: 1950 Parkside Drive Berkeley,CA 94704 Concord, CA 94519
Telephone: (310)581-0900 Telephone: (925) 671-3150
Email: [email protected]
APPROVED AS TO FORM: ATTEST:

Susanne Meyer 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 2025/2026 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.

THE SUM OF $78,750. Account Code 4029500C999-63800/4022721211-63800 .

Finance Director's Signature

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February 20, 2025
Guy Bjerke
Director, Economic Development & Base Reuse
City of Concord
Economic Development & Base Reuse Department
1950 Parkside Drive
Concord, CA 94519
Subject: Continued Staff Services for Concord Naval Weapons Station Reuse Land Use Planning and Design
Transmitted via Email: [email protected]
Dear Mr. Bjerke:

Thank you for the opportunity to continue to provide staff support to the City of Concord as it moves forward with Brookfield as Master Developer for the Concord Naval Weapons Station (CNWS) site. We know this project is important to the City. Our knowledge of the project, combined with our experience with other base reuse plans and large development projects, makes us uniquely qualified to assist the City as it moves into preparation of the Specific Plan with Brookfield.

We have put a seasoned team together to assist the City of Concord Local Reuse Authority (LRA) with this project. Suzanne Schwab will continue to serve as Project Manager.

YEAR 2 SCOPE OF WORK
This section describes the scope of services to be completed by PlaceWorks during the Specific Plan preparation process.

Task 1.1 Specific Plan. In this task PlaceWorks will assist the LRA with review of the Specific Plan. The PlaceWorks team has expertise in a variety of planning and related land use expertise, for this task our team is able to:
» Assist with coordination as the selected team starts to draft the specific plan » Participate in weekly team check-in calls
» Assist with other agency coordination related to the Specific Plan » Assist with preparation for City Council study sessions and public hearings Our understanding is that this task is not likely to start until late Q4 2025/ Early 2026.

Deliverable(s): Weekly Check-in Calls, Memos for the Admin and Draft Specific Plans outlining edits, comments and ideas for LRA and Brookfield consideration.

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February 2025 | Page 2
Task 1.2 Infrastructure Master Plan. Ongoing time to participate in calls and assist City staff with consistently between the infrastructure master plan and the infrastructure section of the Specific Plan.

Deliverable(s): Check-in Calls and Coordination as needed.

Task 1.3 CEQA Review – N/A
Task 1.4 LRA Operations. Time has been allocated in this task to assist City staff while the base reuse planner position is vacant.

Deliverable(s): Check-in Calls and Coordination as needed.

Task 1.5 Disposition and Development Agreement (DDA) Negotiations – N/A Task 1.6 Community Outreach – N/A

1.7 Natural Resource Permitting – N/A

1.8 Remediation Monitoring – N/A

1.9 Economic Development Conveyance Negotiations – Time has been allocated in this task to assist City staff while the base reuse planner position is vacant.

Deliverable(s): Check-in Calls and Coordination as needed.

1.10 Other – PlaceWorks has a variety of staff with a variety of expertise, time allocated here is reserved for unforeseen project needs.

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February 2025 | Page 3
Cost Estimate
As shown in Table 1, the estimated cost to complete Year 2 work including both labor and reimbursable expenses. Task 1.10 Other could also be used for reimbursable travel expenses if needed for in-person meeting, workshop, or attendance at City Council study session or public hearings.

» Year 2 (April 1, 2025 – March 31, 2022)

PlaceWorks standard fee schedule is also provided in Table 2.

PlaceWorks bills for its work on a time-and-materials basis with monthly invoices.

Table 1. Cost Estimate by Task – See also Reimbursable Budget Worksheet for breakdown of cost by year
Task Cost
Labor and Expenses
Task 1.1 Specific Plan $25,000
Task 1.2 Infrastructure Master Plan $5,000
Task 1.3 CEQA Review N/A
Task 1.4 LRA Operations $25,000
Task 1.5 Disposition and Development Agreement (DDA) Negotiations) N/A Task 1.6 Community Outreach N/A
Task 1.7 Natural Resource Permitting $3,750
Task 1.8 Remediation Monitoring N/A
Task 1.9 Economic Development Conveyance Negotiations $5,000 Task 1.10 Other $15,000
TOTAL $78,750

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February 2025 | Page 4
Table 2. PlaceWorks 2025 Standard Fee Schedule

Acknowledgment
This proposal shall remain valid for a period of 90 days from the time of submittal. The signatories are authorized to bind PlaceWorks to the contents of this submittal and to negotiate contracts on behalf of PlaceWorks.

If you have any questions, please contact Suzanne Schwab , Project Manager, at 714.966.9220 or [email protected].

We look forward to working with you to bring about the successful completion of this project.

Respectfully submitted,

PLACEWORKS
Bruce Brubaker Suzanne Schwab
Principal, Design Associate Principal, Design

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EXHIBIT “B”

MINIMUM SCOPE OF INSURANCE.

Coverage shall be at least as broad as:

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.

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

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AGREEMENT FOR LEGAL PROFESSIONAL SERVICES
THIS AGREEMENT is entered into on April 1, 2025 (“EFFECTIVE DATE”) by and between the City of Concord ("CITY"), and Troutman Pepper Locke , LLP, Three Embarcadero Center , Suite 800, San Francisco, CA 94111 ("CONSULTANT").

WHEREAS, CITY requires the assistance of outside legal counsel to perform legal advisory and litigation services for CITY.

WHEREAS, CITY desires to contract with CONSULTANT f or provision of such specialized legal expertise and services as further described herein, upon the terms and conditions hereinafter set forth.

NOW, THEREFORE, in consideration of the mutual promises, covenants, and agreements subject to the terms and conditions set forth herein, the parties agree as follows:

1. Scope of Work.

A. CONSULTANT shall assist and represent the CITY in all matters, including but not limited to, the following:

1. Provide advice and direction in the preparation of natural resource permitting, including implementation of the Biological Opinion and continued coordination for the 404/401 permitting, CESA take permit and framework for a 1600 Agreement.

2. Review of resource permitting issue impacts on Master Developer land use plans, as well as review of land use plan and potential impacts on ongoing permitting, and continued coordination and negotiation with the permitting authorities.

3. Assist in EDC negotiations and terms that reflect and implement the parties’ tole in the statewide permitting process, and responsibilities under sitewide natural resources permits and conditions.

4. Advice on any related matters as directed by LRA from time to time.

B. CONSULTANT shall obtain prior CITY approval for the retention of any subconsultants
and/or expert witnesses.

Attachment 11

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28 2. Term. The term of this Agreement shall be from the EFFECTIVE DATE, set forth above until March 31, 2026 or unless otherwise terminated by either party in accordance with the terms of this Agreement, subject to available funds.

3. Consideration. As full consideration for the work to be performed by CONSULTANT, CITY shall pay CONSULTANT based upon the hourly rates for its attorney(s) assigned to assist CITY to be paid upon submission and approval of invoices. The hourly rates are as follows:

A. For cost recovery matters, where a developer or other private is obligated to pay the CITY’s legal bills, we will charge our Private Rates.

Shawn Zovod, Partner - $1,180 per hour
Tim Carlstedt
, Counsel - $1,090 per hour
Viktoriia De Las Casas, Senior Associate - $1000 per hour Elizabeth Glusman, Associate - $900 per hour
Chelsey Noble, Associate - $740 per hour
CONSULTANT will bill time monthly on a straight hourly basis. CONSULTANT charges clients for actual costs for travel and other extraordinary expenses such as courier services and express mail, but does not separately charge for long- distance telephone calls, copying, postage, etc., adding instead for these itemized charges a four percent (4%) administrative charge to the monthly billing.

The total amount paid to CONSULTANT pursuant to this Agreement shall not exceed Two Hundred and Twenty Thousand Dollars ($ 220,000) through March 31, 2026, without CITY’s express written authorization. If requested by CITY, the “not to exceed” amount described in this Paragraph 3 may be increased upon execution of an amendment setting forth the new “not to exceed” amount, all in accordance with Paragraph 14 of this Agreement.

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28 4. Records. CONSULTANT shall maintain accounting records and other evidence pertaining to the cost incurred and shall make the records available to authorized representatives of CITY or other governmental agency or district authorized by CITY to inspect such records. These records shall be available at all reasonable times during the Agreement period and for four (4) years from the date of final payment for work performed hereunder.

Shawn Zovod, Esq.

7. Termination.

B. CITY may at any time, at its discretion, abandon or suspend any portion of work to be done under the terms of this Agreement.

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28 have not been delivered or received,

8. Equal Opportunity Assurance. During the performance of this Agreement, CONSULTANT agrees as follows:

A. CONSULTANT will not discriminate against any employee or applicant for employment because of race, sex, creed, physical handicap, color, sexual orientation, or national origin.

B. In the event of CONSULTANT's noncompliance with the nondiscrimination clause of this Agreement, this Agreement may be canceled, terminated, or suspended in whole or in part.

9. Insurance. CONSULTANT shall, at its own expense, procure and maintain in full force at all times during the term of this Agreement the following insurance:

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D. Compliance with State Workers' Compensation Requirements .

CONSULTANT covenants that it will insure itself against liability for Workers' Compensation pursuant to the provisions of California Labor Code §3700, et seq. CONSULTANT shall, at all times, upon demand of the City, furnish proof that Workers' Compensation Insurance is being maintained by it in force and effect in accordance with the California Labor Code. The insurer shall also agree to waive all rights of subrogation against the CITY, its o fficers, officials, employees and volunteers for losses arising from work performed by CONSULTANT for CITY. This provision shall not apply upon written verification by CONSULTANT that CONSULTANT has no employees.

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 noti ce to CITY if CONSULTANT receives any notice of cancellation or nonrenewal from its insurer. (2) Primary Coverage.

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28 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 Agree ment or before work commences. Such policies and certificates shall be in a form approved by the City Attorney. CITY reserves the right to require complete certified copies of all required insurance policies at any time.

10. Indemnification.

A. For Design Professional Services Only. Pursuant to
California Civil Code Section 2782.8, CONSULTANT agrees to indemnify the CITY (including its officers, officials, agents, employees and volunteers) against liability for claims against the CITY that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULANT in the performance of this agreement. The CONSULTANT will reimburse the CITY for any expenditures, including reasonable attorney fees, incurred by the CITY in defending against claims ultimately determined to arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT.

B. For All Other Services. CONSULTANT agrees to defend, indemnify and hold harmless the CITY (including its officers, officials, agents, employees and volunteers) from and against all claims, demands, actions, losses, damages, injuries, and liability (including all attorney’s fees a nd other litigation expenses) arising out of the CONSULTANT’S performance under the terms of this Agreement. This indemnification obligation on CONSULTANT’s part shall not apply to the demans, actions, losses, damages, injuries, and liability arising out of the sole negligence or willful misconduct on the part of the CITY.

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28 to be employees of CITY. CONSULTANT and approved subcontractors shall comply with all State and Federal laws pertaining to employment and compensation of their employees or agents, including the provision of Workers' Compensation. CITY shall not, under a ny circumstances, be liable to CONSULTANT or any person or persons acting for him/her/it for any death, injury, or property destruction or damage received or claimed relating to or stemming from the activities undertaken pursuant to this Agreement.

12. Notice. All notices required herein shall be sent via First Class U.S. Mail with postage prepaid thereon to the parties as follows:

To CITY: Susanne Meyer Brown, Esq.

City Attorney
City of Concord
1950 Parkside Drive MS/08
Concord, CA 94519

To CONSULTANT: Shawn Zovod, Esq.

Troutman Pepper Locke , LLP
Three Embarcadero Center, Suite 800,
San Francisco, CA 94111

Notices shall be deemed effectively served upon deposit in the United States Mail.

14. 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.

IN WITNESS WHEREOF, the parties have executed this Agreement the day and year written above.

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:

Troutman Pepper Locke, LLP

By: ____________________________________________
Name: Shawn Zovod, Esq.

CITY OF CONCORD

By: ____________________________________________
Susanne Meyer Brown, City Attorney

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Shawn J. Zovod
D 415.477.5725
[email protected]

306115679v1
Troutman Pepper Locke LLP
Three Embarcadero Center, Suite 800
San Francisco, CA 94111

troutman.com

PRIVILEGED AND CONFIDENTIAL
January 7, 2025

VIA E-MAIL
[email protected]
[email protected]
Guy Bjerke
Director of Community Reuse Planning
City of Concord
1950 Parkside Drive
Concord, CA 94519
Suzanne Schwab, AICP
Associate Principal
Placeworks
3 MacArthur Place, Suite 1100
Santa Ana, CA 92707

Re: Concord Reuse Project/Troutman Pepper Locke LLP 2025-2026 (Year 2) Scope of Work and Budget Update
Dear Guy and Suzanne:

Troutman Pepper Locke LLP (Troutman Pepper) is pleased to provide the City of Concord (City) with an updated scope of work and budget for March 2025-February 2026 (Year 2). This updated budget is in response to Suzanne’s January 6, 2025 email outlining the modified planning schedule, and covers the natural resources regulatory permitting and related tasks summarized below and reflected in the City’s Scope of Work Budge Reimbursement Template January 2025. I anticipate I will do most of the work on behalf of Troutman Pepper, as I have for the past several years. However, with the City’s concurrence, I may from time to time recommend that other attorneys at Troutman Pepper assist me and this assistance is reflected in our proposed budget and attorney rate sheet attached to this scope of work.

This scope of work is based on my experience to date with the Concord Reuse Project, and the nature of the natural resources permitting the City can reasonably expect to complete or facilitate during Year 2.

Proposed Scope of Work
Most of Troutman Pepper’s work will fall within the City’s Task Descriptions, 2.7 Resource Permitting, which includes coordination with the Specific Plan and CEQA documentation. In my experience, natural resources related regulatory requirements also require coordination with Task 2.5 Disposition and Development Agreement (DDA) Negotiations and Task 2.9 Economic Development Conveyance (EDC) Negotiations. Therefore, we have included budgets for these three Tasks.

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Guy Bjerke
Suzanne Schwab
January 7, 2025

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TASK 2.7 THROUGH 4.7 NATURAL RESOURCES TASKS
Troutman Pepper will provide the City with strategic advice and direction on the nature and content of the written materials described below, although others may do the bulk of the writing with my input and direction. I will take the lead, as appropriate, in negotiating with outside agencies, preparing the City team in advance of these discussions, and at the City’s direction coordinating the resources permitting with the master developer. I will also advise the City on a continued overall strategy for implementing the Biological Opinion (to facilitate the Navy’s first property conveyance to the City and groundbreaking at the site) and securing other sitewide resources permits that will facilitate subsequent reuse of the property following the land transfers.

The federal resources permitting under the Endangered Species Act, National Historic Preservation Act, and National Environmental Policy Act culminated with the U.S. Fish and Wildlife Service’s (FWS) issuance of a Biological Opinion, State Historic Preservation Officer (SHPO) Memorandum of Agreement (MOA) and the Navy’s issuance of a final Environmental Impact Statement (EIS) and Record of Decision (ROD). Since completing these, the City has also secured the FWS’ approval of a draft restrictive covenant that will preserve the onsite habitat mitigation within the future public benefit lands and an onsite habitat management and monitoring plan that includes a draft funding plan consistent with the terms of the Biological Opinion.

During Years 2 through 4, the City will have to continue implementing the Biological Opinion’s terms and conditions, which will include finalizing a habitat mitigation plan and preparing a riparian restoration plan, and preparing interim and long-term habitat management funding agreements with the East Bay Regional Park District and other agencies. In addition, the City will continue to coordinate implementation of the Biological Opinion and MOA with the Navy’s property transfer, Lease in Furtherance of Conveyance (LIFOC) for the former airfield, and anticipated groundbreaking. Continued coordination between the federal resources permits and the City’s local entitlements and environmental review will also continue throughout the three-year budget period, and will require close coordination with the master developer to ensure the proposed land plan is adequately covered by the existing federal natural resources permits and anticipated permits. In addition, the City plans to secure additional sitewide permits, including a federal Clean Water Act Section 404 permit and Section 401 water quality certification from the U.S. Army Corps of Engineers (USACE) and Regional Water Quality Control Board (RWQCB), a California Endangered Species Act (CESA) incidental take permit from the California Department of Fish and Wildlife (CDFW), and Lake and Streambed Alteration Agreement from CDFW, before or concurrent with beginning economic development.

The specific activities described below will likely occur during Years 2 through 4.

Implement Biological Opinion
 Secure the FWS’ review and approval of a draft riparian enhancement/management plan.  Prepare interim and long-term habitat funding agreements.  Prepare final funding plans for the onsite long-term habitat management and monitoring plan and onsite habitat mitigation plan.

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Guy Bjerke
Suzanne Schwab
January 7, 2025

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306115679v1
 Reinitiate species consultation as needed to address Specific Plan consistency.  General coordination with the Navy and FWS to clear pre-EDC transfer conditions.  Coordinate finalizing and possibly recording a restrictive covenant for the onsite mitigation.  Assist City with identifying/securing off-site mitigation.  Coordinate/review master developer land plan and infrastructure plans to ensure consistency with the MOA and applicable Biological Opinion minimization measures.  Address western pond turtle (if necessary) and reinitiate consultation to address any additional species or land plan deviations from Biological Opinion.

US Army Corps of Engineers and Regional Water Quality Control Board, 404/401 Permitting
 Coordinate land use planning (Specific Plan) with the 404/401 permitting effort to ensure all anticipated fill of jurisdictional waters is adequately permitted.  Advance the 404 permitting/secure an individual 404 permit and provide input as needed on the USACE’s NEPA compliance documents and ROD.
 Coordinate LIFOC discussions for the former airfield with the wetland mitigation proposal.  Identify legal strategy under new 401 water quality certification rules.  Provide input on the request for 401 water quality certification from the RWQCB and wetland mitigation plans.
 Participate in negotiations with USACE and RWQCB including meetings and additional site visits (if needed).

California Department of Fish and Wildlife (CDFW), California ESA (CESA) and Master Lake and Streambed Alteration Agreement (1600 Agreement)  Engage with the CDFW regarding CESA take permit for the California tiger salamander (and bumblebees if necessary) and a framework for a 1600 Agreement.  Provide input on draft CESA permit and 1600 Agreement application materials.  Assist with negotiating the terms of a 1600 Agreement.  Coordinate the City’s habitat and riparian restoration plans prepared pursuant to the Biological Opinion with the CESA and 1600 Agreement permitting.

Specific Plan/California Environmental Quality Act (CEQA)  Participation in the Specific Plan and Specific Plan CEQA compliance will be focused, and I will provide targeted reviews and advice to the City, which may include advice on the tribal consultation and input on selected sections of the CEQA documentation and Specific Plan for consistency with resources permitting.

TASK 2.5. THROUGH 4.5 DDA NEGOTIATIONS
 Participation in the DDA also will be focused and I will provide targeted reviews and advice to the City, such as assisting the City with documenting the parties’ role in the sitewide permitting process and responsibilities under the sitewide natural resources permits.

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Guy Bjerke
Suzanne Schwab
January 7, 2025

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TASK 2.9. THROUGH 4.9 EDC NEGOTIATIONS
 Assist with EDC Agreement terms that implement natural resources permit conditions.

YEAR 2 SCOPE OF WORK
I anticipate that much of Year 2 will be spent re-engaging with the resources agencies, working with the master developer on an Infrastructure Master Plan that includes improvements to Mt. Diablo Creek and the site’s stormwater detention facilities, and identifying strategic concerns. In Year 2, we will also prepare the RWQCB Section 401 water quality certification request, negotiate key CESA incidental take permit terms, and advance implementation of the existing federal permits, including identification of off-site mitigation. Assistance with Tasks 2.5 and 2.9 will be as needed.

YEAR 2 PROPOSED BUDGET
The following proposed budget reflects the amount of work that Troutman Pepper is likely to perform during Year 2. The actual time spent on these tasks may vary depending on the issues, consultant’s work product, and level of cooperation we receive from the state and federal resources agencies. Based on the proposed scope of work, I anticipate the following budgets:
 Year 2 [March 2025 – February 2026]:
o Task 2.7 Natural Resources Permitting — $280,000.
o Task 3.5 DDA Negotiations — $8,000.
o Task 2.9 EDC Negotiations — $8,000.

Thank you for giving Troutman Pepper the opportunity to represent the City of Concord in its capacity as the Concord Naval Weapons Stations Local Reuse Authority. I look forward to continuing my work with the City and its consulting team. If you have any questions about our scope of work or budget, please do not hesitate to contact me.

Very truly yours,

Shawn J. Zovod
SJZ/Attachment
$2,000
$210,000

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RATE SHEET
Attorney Title 2025
Standard
Rate
2026
Standard
Rate
(estimate)*
Shawn Zovod Partner 1180 1270
Tim Carlstedt Counsel 1090 1166
Viktoriia De Las Casas Senior Associate 1000 1080
Elizabeth Glusman Associate 900 960
Chelsey Noble Associate 740 810

* The hourly rates for Troutman Pepper’s attorneys are adjusted each year on January 1. The 2026 rates are estimates based on recent legal market adjustments and attorney experience.

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AGREEMENT FOR PROFESSIONAL SERVICES
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THIS AGREEMENT ("Agreement") is entered into on April 1, 2025 between the City of Concord, a California municipal corporation, ("CITY") and Kittelson & Associates, Inc., S Corporation, 155 Grand Avenue, Suite 505, Oakland, CA 94612 (“CONSULTANT”).

THE PARTIES ENTER THIS AGREEMENT based upon the following facts, understandings and intentions:

The CITY desires to contract with CONSULTANT to provide the professional services described in Section 2 of this Agreement, upon the terms and conditions hereinafter set forth.

NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and promises of the parties herein contained, the parties hereto agree as follows:

1. TERM. This Agreement shall commence on April 1 , 2025 and expire on March 31, 2026.

3. PAYMENT. The compensation to be paid to CONSULTANT including payment for professional services and reimbursable expenses, shall be at the rate and schedules in detail in Exhibit A. However, in no event shall the amount
CITY pays CONSULTANT exceed Thirty-Eight Thousand
Three Hundred Fifty One dollars ($38,351) for the term of this Agreement. Any Amendment to this Agreement that includes an increase to this compensation amount shall be made in accordance with Section 5 below.

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time of payment.

6. INDEPENDENT CONTRACTOR. Both parties understand and acknowledge that CONSULTANT, its officers, agents, employees, volunteers and subcontractors are and shall at all times

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8. PERFORMANCE BY CONSULTANT. CONSULTANT shall not employ other

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consultants, subconsultants, experts, or contractors without the pr ior written approval of the CITY .

10. INDEMNIFICATION.

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13. SUSPENSION OF WORK. CITY may, at any time, by written notice, suspend further performance by CONSULTANT. All suspensions shall extend the time schedule for performance in a

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15. COMPLIANCE WITH CIVIL RIGHTS . During the performance of this contract, CONSULTANT agrees as follows:

B. Nondiscrimination Civil Rights Act of 1964. CONSULTANT will comply with all federal regulations relative to nondiscrimination in federally assisted programs.

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16. CONFLICT OF INTEREST.

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term, covenant, condition, or obligation, nor shall any waiver of any incident of breach of default constitute a continuing waiver of same.

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To CITY: Guy Bjerke ,
Director
Economic Development and Base Reuse
City of Concord
1950 Parkside Drive
Concord, CA 94519-2578
Phone: (925) 671-3076
Email: [email protected]

To CONSULTANT: Laurence Lewis,
Senior Principal
Kittelson & Associates, Inc.
155 Grand Avenue, Suite 505
Oakland, CA94612
Phone: (510)839-1742
Email: [email protected]

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

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been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.

IN WITNESS WHEREOF, the parties have executed this Agreement in one (1) or more copies as of the date and year first written above.

CONSULTANT CITY OF CONCORD, a Municipal
Corporation

By:_________________________________ By:______________________________ Name: Laurence Lewis Name: Valerie J. Barone
Title: Senior Principal Title City Manager
Address: 155 Grand Avenue, Suite 505 Address: 1950 Parkside Drive Oakland,CA 94612 Concord, CA 94519
Telephone: (510)839-1742 Telephone: (925) 671-3150
Email: [email protected]
APPROVED AS TO FORM: ATTEST:

Susanne Meyer 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 2025/2026 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.

THE SUM OF $38,351. Account Code 4029500C999-63800/4022721211-63800 .

Finance Director's Signature

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FILENAME: H:\29\29859 - CONCORD NWS SPECIFIC PLAN EIR ROUND 3\ADMIN\P\CONCORDNWS_KITTELSONPROPOSAL_20250228.DOCX February 28, 2025 Project #: 29859

Guy Bjerke
City of Concord
1950 Parkside Drive
Concord, CA 94519
RE: Concord Naval Weapons Station Specific Plan EIR – 2025 Services Dear Guy:

Attached is a proposal for transportation services associated with the development of the Concord Naval Weapons Station Specific Plan. This letter identifies our proposed scope of work for the project. This scope was developed based on our experience wit h earlier specific plan efforts and our familiarity with the city and the requirements of a transportation assessment for an EIR.

This proposal covers Stage 2 services for a one-year period from April 2025 to March 2026.

I will serve as the Project Manager and Mike Aronson will serve as the Project Principal providing senior review and quality assurance. Any questions of a technical or contractual nature can be directed to either of us.

Please review this proposal at your earliest convenience. If the proposed scope of work is satisfactory, we will await a contract for review and signature. Thank you for the opportunity to propose on this project. If you have any questions, please call me at 510.433.8079.

Sincerely,
Kittelson & Associates, Inc.

Concord Naval Weapons Station Specific Plan EIR
29859
Laurence Lewis
Senior Principal Planner

155 Grand Avenue, Suite 505
Oakland, CA 94612
P 510.839.1742 F 510.839.0871

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29859
Concord Naval Weapons Station Specific Plan EIR Page: 2 of 2 Kittelson & Associates, Inc.

SCOPE OF WORK
Kittelson & Associates, Inc. (Kittelson) will participate in the development of the Specific Plan for the Concord Naval Weapons Station (NWS) by working with the city of Concord, selected Specific Plan environmental consultant, and the developer’s traffic engineer to perform the following key tasks:

Task 1.1 Specific Plan
Kittelson will provide peer review of transportation network alternatives developed for the Specific Plan and ensure consistency with the 2010 Reuse Plan EIR and Mitigation Monitoring Reporting Program (MMRP) for all modes of transportation. The network alternatives will also be evaluated for consistency with the Growth Management Element and Transportation Element of the City’s General Plan. • Deliverables
o Participation in up to three, two-hour meetings with stakeholders to discuss different network alternatives for the Specific Plan.
o Peer review of up to three (3) draft transportation network alternatives developed for the Specific Plan. We assume these three (3) draft transportation network alternatives will be provided at the same time. Our peer review will cover all three reviews in one draft technical memorandum and focus on ensuring the network alternatives meet the needs of all travelers (motorists, transit passengers, bicyclists, and pedestrians) as well as consistency with the 2010 Reuse Plan and MMRP.

Task 1.2 Infrastructure Master Plan
Kittelson will provide peer review of traffic analyses and anticipated mitigations as developed by the developer’s traffic engineer as the Specific Plan development program is prepared. This will include a review for all transportation modes to evaluate co nsistency with assumptions made in the 2010 Reuse Plan EIR and consistency with the Growth Management Element and Transportation Element of the City’s General Plan. This review will also cover a review of one proposed transportation demand management (TDM) program. It is assumed this traffic study will focus on internal circulation within the NWS and on the off -site access to the project, particularly from Port Chicago. The Specific Plan’s impact on the transportation network outside of the project area and immediate access points is assumed to be performed as part of the CEQA clearance (Phase 2).
• Deliverables
o Participation in up to two, two-hour meetings with the city and the developer’s traffic engineer. These two meetings will likely include a scoping meeting and a meeting to review Kittelson’s initial peer review comments.
o Peer review of a draft traffic study to ensure impacts and mitigations (including any TDM plans) adequately address all modes of travel and that the traffic study is consistent with the Growth Management Element and Transportation Element of the City’s General Plan. Kittelson will prepare a technical memorandum documenting the findings of our peer review.

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EXHIBIT “B”

MINIMUM SCOPE OF INSURANCE.

Coverage shall be at least as broad as:

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.

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

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Staff Report
Date: March 25, 2025
To: City Council
From: Valerie Barone, City Manager
Reviewed by: Mindy Gentry, Director of Community Development Prepared by: Sophia Huckabay, Housing Manager
[email protected]
(925) 671-3387
Subject: Considering introduction of an Ordinance amending Concord Municipal Code Chapter 19.40 “Residential Tenant Protection Program” to revise existing provisions thereof, including but not limited to adjusting the Annual Allowable Rent Increase and the applicability of the “just cause for eviction” provisions to rented single-family homes and condominiums by reading of the title only and waiving further reading.

CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c),
15061(b)(3), and/or 15378.

Report in Brief
At its February 25, 2025, meeting, the City Council (“Council”) directed staff to prepare amendments to the Concord Municipal Code (CMC) Chapter 19.40 “Residential Tenant Protection Program” as follows:
• Adjust the Annual Allowable Rent Increase (rent increase cap) from the current regulatory cap of 60% of the Consumer Price Index (CPI) or 3%, whichever is lesser, to a flat maximum annual increase of 5%.
• Apply just cause for eviction regulations to rented single-family homes and rented condominiums in cases where one landlord owns three or more of these rental

5.a5.a5.a5.a5.a5.a5.a5.a5.a

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City Council Agenda Staff Report
Agenda Item No. 5.a
March 25, 2025
2 unit types in Concord; landlords that own two or fewer rented homes would be exempt from the just cause regulations.1
The Ordinance will continue to mandate that all residential rental units in Concord that are subject to the Ordinance register their units in the City’s Rent Registry. This includes cases where one landlord owns two or fewer rented single-family homes or condominiums in Concord.

Recommended Action
Introduce an Ordinance amending Concord Municipal Code Chapter 19.40 “Residential Tenant Protection Program” to revise existing provisions thereof, including but not limited to adjusting the Annual Allowable Rent Increase and the applicability of the “just cause for eviction” provisions to rented single-family homes and condominiums by reading of the title only and waiving further reading.

Background
On March 5, 20242, the Council adopted Ordinance No. 24-3 amending CMC Chapter

19.40 Residential Tenant Protection Program to increase “just cause” eviction protections, expand the City’s Rent Registry Program, and establish a Rent Stabilization Program. The Ordinance went into effect on April 19, 2024. The full regulations implemented by the Residential Tenant Protection Program can be viewed on the City’s website here3.

At its January 28, 20254 meeting, the Council directed staff to place on a future agenda a discussion regarding amendments to the regulations including: (1) whether/to what extent CMC Chapter 19.40 Residential Tenant Protection Program should apply to rented single-family residences and rented condominiums, and (2) whether/to what extent changes should be made to the Allowable Annual Rent Increase as defined in CMC Section 19.40.040.

These aforementioned items returned for Council’s consideration at the February 4, 20255 City Council meeting, where Council received a staff presentation and took approximately three hours of public comment. Council then closed the public comment period and continued the item to the February 25, 2025 City Council meeting. 1 For context, the City’s multi-family inspection program (CMC Chapter 15.50) applies to residential rental buildings having four rental units or more on one parcel or site. 2 https://stream.ci.concord.ca.us/OnBaseAgendaOnline/Meetings/ViewMeeting?id=1122&doctype=1 3 https://www.codepublishing.com/CA/Concord/#!/Concord19/Concord1940.html#19.40 4 https://stream.ci.concord.ca.us/OnBaseAgendaOnline/Meetings/ViewMeeting?id=1197&doctype=1 5 https://stream.ci.concord.ca.us/OnBaseAgendaOnline/Meetings/ViewMeeting?id=1264&doctype=1

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City Council Agenda Staff Report
Agenda Item No. 5.a
March 25, 2025
3 At its February 25, 20255 meeting, Council directed staff to prepare amendments to CMC Chapter 19.40 “Residential Tenant Protection Program” as follows:
• Adjust the Annual Allowable Rent Increase (rent increase cap) from the current regulatory cap of 60% of CPI or 3%, whichever is lesser, to a flat maximum annual increase of 5%.
• Apply just cause for eviction regulations to rented single-family homes and rented condominiums in cases where one landlord owns three or more of these rental unit types in Concord; landlords that own two or fewer rented homes would be exempt from the just cause for eviction regulations.

The Ordinance continues to mandate that all residential rental units in Concord that are subject to the Ordinance register their units in the City’s Rent Registry. This includes cases where one landlord owns two or fewer rented single-family homes or condominiums in Concord.

Analysis
Chapter 19.40 Amendments
Attachment 2 provides redline edits to CMC Chapter 19.40 Residential Tenant Protection Program reflecting the following amendments pursuant to Council’s direction at its February 25, 2025, meeting:
• Demarcate units where one landlord owns two or fewer rented single-family homes or condominiums in Concord, providing that those units are not subject to just cause for eviction provisions and are only subject to the Annual Rental Registration requirements of Section 19.40.060 (landlords renting out three or more such units would remain subject to just cause for eviction) (CMC

19.40.020).
• Adjust the Annual Allowable Rent Increase (rent increase cap) to reflect a maximum rent increase cap of 5% beginning on April 1, 2025 (CMC 19.40.040©).

Clean-Up and Clarifying Language
The amended Ordinance contains various “clean-up” and clarifying language. This includes, but is not limited to, the following:
• Clarify that the Ordinance applies to tenants upon their legal possession of a covered rental unit (19.40.010(a)(2)).
• Remove Section 19.40.020(2)(c) pertaining to affordable housing. These provisions are now redundant because now all multifamily units covered by rent stabilization are subject to a 5% annual rent increase cap. 5 https://stream.ci.concord.ca.us/OnBaseAgendaOnline/Meetings/ViewMeeting?id=1266&doctype=1

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City Council Agenda Staff Report
Agenda Item No. 5.a
March 25, 2025
4 • Remove the requirement for Council to annually review the rent increase cap.

Council retains the ability to undertake periodic review of the Residential Tenant Protection Program (CMC 19.40.040(c)).
• Clarifies that the relocation payments for rented single-family homes/ condominiums subject to just cause for eviction are and remain different than those for multifamily units subject to just cause for eviction. The permanent relocation payment for single-family homes and condominiums is equal to two times the tenant’s current rent plus a $2,000 moving stipend (2 X current rent + $2,000). No payment for temporary relocation is required. This is consistent with Council direction when the Ordinance was adopted, and the clarification language is in response to multiple inquiries received by staff during implementation of the Residential Tenant Protection Program (CMC

19.40.080(a)(4).
• Specifies the language in the Notice of Tenant Rights that is applicable to units that are subject to the rent stabilization provisions of the Ordinance versus those that are exempt from these provisions. The cleanup language is in response to multiple inquiries received by staff during implementation of the Residential Tenant Protection Program (CMC 19.40.100(b)).

Next Steps
If Council introduces the Ordinance as amended at its March 25, 2025, meeting, a second reading and adoption of the Ordinance would be scheduled for April 22, 2025.

The Ordinance would then go into effect 30 days later, on May 22, 2025.

Public Outreach and Program Administration
Should Council adopt the revised Ordinance as proposed, staff will take the following actions:
• Resume the rental registration of rented single-family homes and condominiums and extend the timeline for registration until June 30, 2025, for these units • Notify property owners of rent single-family homes and rented condominiums by mail of the registration requirement and new deadline
• Send an updated City-wide program mailer to every residential address in Concord
• Update the City’s rental registry portal software
Update all forms and documents associated with the rent registry, petitions, and program regulations.

Financial Impact
The Residential Tenant Protection Program was designed, per Council direction, to

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City Council Agenda Staff Report
Agenda Item No. 5.a
March 25, 2025
5 provide for full cost recovery and is based on collecting fees through the registration program for all rental properties in Concord— including rented single-family homes/condominiums.

Public Contact
Notice was sent by e-mail to all individuals on the Housing interested party list, to all property owners who have already registered their units and provided an e-mail address, posted to Nextdoor and the City’s webpage, and published in the City’s e- newsletter. The City Council Agenda was posted at City Hall and on the City’s Agenda website. Notification has been published in the East Bay Times, as required by state law and the Concord Municipal Code.

Attachments

1. Ordinance Amending the Concord Municipal Code by amending Chapter 19.40 “Residential Tenant Protection Program”
Exhibit A: Amendment to Chapter 19.40, Residential Tenant Protection Program

2. Redline edits version of Concord Municipal Code by amending Chapter 19.40 “Residential Tenant Protection Program”

3. Covered Units Chart

4. Written public communication received between the February 25, 2025, City Council meeting and the publication of this report

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Ord. No. 25-XX 1
ORDINANCE NO. 25-XX

AN ORDINANCE AMENDING CONCORD MUNICIPAL CODE CHAPTER

19.40 “RESIDENTIAL TENANT PROTECTION PROGRAM” TO REVISE

EXISTING PROVISIONS THEREOF, INCLUDING BUT NOT LIMITED TO

ADJUSTING THE ANNUAL ALLOWABLE RENT INCREASE, AND THE
APPLICABILITY OF THE “JUST CAUSE” PROVISIONS TO RENTED

SINGLE-FAMILY HOMES AND CONDOMINIUMS
WHEREAS, on October 7, 2019, the Governor of the State of California signed AB 1482 into law. AB 1482 addresses a number of rental housing policies, including maximum rent increases, just cause eviction protections, and relocation assistance; and WHEREAS, on July 7, 2020, the City Council adopted Ordinance No. 20-7 adding Concord Municipal Code Chapter 19.40 "Residential Tenant Protection Program" to establish a Residential Tenant Protection Program that became effective August 28, 2020, and requires, among other things, relocation assistance for no-fault just cause evictions, and that tenants be provided a written lease with minimum lease terms; and
WHEREAS, on January 12, 2021, the City Council adopted Ordinance No. 20-10 amending Concord Municipal Code (CMC) Chapter 19.40 "Residential Tenant Protection Program" by adding Section 19.40.110 "Rent Registry" establishing a Rent Registry Program that became effective July 1, 2021, and requires property owners to provide information on tenancy and rents; and WHEREAS, there presently exists a critical shortage of rental housing in the City. Due to this shortage, it is very difficult to find adequate, safe, and habitable rental housing at reasonable rents; and
WHEREAS, due to the shortage of rental units, rents in the City are increasing excessively. A substantial number of persons in the City who reside in rental units spend a high percentage of their income on rent, and many have been forced to move out because they could no longer afford to pay the increase in rent; and
WHEREAS, low- and moderate-income tenants have difficulty finding affordable housing after being displaced due to a rent increase; and
Attachment 1

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Ord. No. 25-XX 2
WHEREAS, the City Council desires to promote long-term stability and certainty for tenants in the rental market while providing landlords an ability to receive a fair return on their property; and.

WHEREAS, at a duly noticed public meeting held on January 12, 2023, as part of the City’s 6th Cycle Housing Element Update efforts, the City Council directed staff to prioritize development of a just cause for eviction and rent stabilization ordinance; and WHEREAS, based on such direction, City staff solicited and received input from property owner representatives on July 26, 2023, and from tenant representatives on July 27, 2023, (collectively, “Community Meetings”); and
WHEREAS, City staff also solicited responses from a broader group of tenants and property owners through the use of online surveys, from July 31 through August 20, 2023, (collectively, “Community Surveys”); and
WHEREAS, City staff further corresponded with affordable housing providers to better understand the potential impact of rent stabilization and just cause for eviction ordinances on these entities; and
WHEREAS, the City Council held duly noticed public meetings on September 5, September 12, and October 10, 2023, received input from the public, tenants and advocates, property owners and property owner representatives, City staff and consultants, and provided policy direction on development of a just cause for eviction and rent stabilization ordinance; and WHEREAS, the City Council, after giving all public notices required by state law and the Concord Municipal Code, held a duly noticed public hearing on December 12, 2023, which public hearing was then continued to January 9, 2024, and further continued to January 30, 2024, a duly noticed public hearing on February 13, 2024, the City Council adopted an ordinance amending CMC Chapter 19.40 to establish a Residential Tenant Protection Program expanding the City’s rent registry program and imposing rent stabilization and just cause for eviction requirements on certain types of rented dwelling units within the City; and
WHEREAS, the City Council held a duly noticed public meetings on February 4, 2025, February 25, 2025, and duly noticed public hearings on March 25, 2025, and April 22, 2025,

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Ord. No. 25-XX 3
(“Amendment Meetings”) and to consider changes to the scope of the City’s Residential Tenant Protection Program, received input from the public, tenants and advocates, property owners and property owner representatives, City staff and consultants, and provided policy direction on development of amendments to the existing just cause for eviction and rent stabilization ordinance; and
WHEREAS, at such public hearings, the City Council considered all oral and written information, testimony, and comments received during the public review process, including oral and written staff reports, materials, documents, exhibits, reports, studies, memoranda, testimony, and community input received at the Amendment Meetings, the City of Concord Municipal Code, applicable City laws and regulations, and all other information that constitutes the record of proceedings upon which the City Council has based its decision and which are maintained at the offices of the City Clerk, 1950 Parkside Drive, MS/3 Concord, CA 94519 (collectively, “Ordinance Information”).

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CONCORD DOES ORDAIN AS FOLLOWS:

Section 1. Recitals. The City Council finds that the above recitals (which are hereby incorporated by reference) are accurate and constitute findings in this matter and, together with the Ordinance Information, serve as an adequate and appropriate evidentiary basis for the findings and actions set forth in this Ordinance and further makes the following findings:

Section 2. Binding Findings. Pursuant to Civil Code Section 1946.2(g)(1)(B), the City Council hereby makes the following binding findings within this Ordinance that this Ordinance is more protective than the provisions of Civil Code Section 1946.2 because, even with the proposed amendments:
(a) The just cause for termination of a residential Tenancy under the Ordinance is and remains consistent with and more protective than Civil Code Section 1946.2; and (b) The Ordinance continues to provide additional tenant protections that are not prohibited by any other provision of law, because it provides for earlier and higher relocation

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Ord. No. 25-XX 4
assistance amounts than those available to tenants covered by Civil Code Section 1946.2, requires certain minimum lease terms, limits the exemptions listed in Civil Code Section 1946.2 and in particular applies just cause for termination of a Tenancy to Dwelling Units regardless of when a certificate of occupancy is issued for the Dwelling Unit and protects Tenants upon commencement of the Tenancy; and
(c) As provided in Civil Code Section 1946.2(g)(2), a residential real property shall not be subject to both a local ordinance requiring just cause for termination of a residential Tenancy and Civil Code Section 1946.2. The Ordinance intends to cover those dwelling units defined as Covered Rental Units and to the extent such units are covered by the Ordinance, such units will not be subject to Civil Code Sections 1946.7 and 1947.12.

Section 3. CEQA. Adoption of this Ordinance is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, because the adoption of the Ordinance does not constitute a “project,” and will not result in a direct or reasonably foreseeable indirect physical change in the environment, pursuant to CEQA Guidelines Sections 15060(c), 15378 and Public Resources Code Section 21065. In addition, the proposed Ordinance is categorically exempt pursuant to Section 15061(b)(3), the common sense exception of the CEQA Guidelines because it can be seen with certainty that there is no possibility that the ordinance may have a significant effect on the environment. No unusual circumstances are present. This determination reflects the City’s independent judgment and analysis.

Section 4. Ordinance Information. The City Council has reviewed, considered, and evaluated all of the Ordinance Information prior to acting on the Ordinance. The Ordinance Information is located in and may be obtained from the City of Concord Clerk’s Office, 1950 Parkside Drive, Concord, CA 94519.

Section 5. Municipal Code Amendment. The City Council hereby approves and adopts the amendment to Concord Municipal Code Chapter 19.40 as set forth in Exhibit A, attached hereto and incorporated by reference.

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Ord. No. 25-XX 5
Section 6. Severability. If any section, subsection, clause, or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, or its application to any other person or circumstance. The City Council declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, and phrase thereof, irrespective of the fact that any one or more section, subsection, sentence, clause, or phrase be declared invalid.

Section 7. Publication and Effective Date. This Ordinance shall take effect thirty (30) days following passage and adoption. In the event a summary of said Ordinance is published in lieu of the entire Ordinance, a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five (5) days prior to its adoption and within fifteen (15) days after its adoption, including the vote of the Council members. Additionally, a summary prepared by the City Attorney’s Office shall be published once at least five (5) days prior to the date of adoption of this Ordinance and once within fifteen (15) days after its passage and adoption, including the vote of the Councilmembers, in the East Bay Times, a newspaper of general circulation in the City of Concord. __________________________________
Carlyn S. Obringer
Mayor
ATTEST:

Joelle Fockler, MMC
City Clerk
(Seal)
//
//

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Ord. No. 25-XX 6
Ordinance No. 25-XX was duly and regularly introduced at a special meeting of the City Council of the City of Concord held on March 25, 2025, and was thereafter duly and regularly passed and adopted at a regular meeting of the City Council held on April 22, 2025, by the following vote:

AYES: Councilmembers -
NOES: Councilmembers -
ABSTAIN: Councilmembers -
ABSENT: Councilmembers -
I HEREBY CERTIFY that the foregoing is a true and correct copy of an ordinance duly and regularly introduced, passed, and adopted by the City Council of the City of Concord, California.

Joelle Fockler, MMC
City Clerk
Attachment: Exhibit A – Ordinance (Amendment to Chapter 19.40, Residential Tenant Protection Program)

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Concord Municipal Code
Chapter 19.40 RESIDENTIAL TENANT PROTECTION

PROGRAM

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The Concord Municipal Code is current through Ordinance 24-7, passed November 12, 2024.

Chapter 19.40

RESIDENTIAL TENANT PROTECTION PROGRAM
Sections:

19.40.010 Binding findings; definitions; citation.

19.40.020 General applicability of chapter; exemptions.

19.40.030 Rent stabilization.

19.40.040 Permitted rent increases for covered rental units.

19.40.050 Rent adjustment petitions.

19.40.060 Annual rental registration.

19.40.070 Just cause for eviction.

19.40.080 Relocation assistance for no-fault termination of tenancy; moving stipend.

19.40.090 Requirement to offer written lease; minimum lease terms.

19.40.100 Notice of tenant rights.

19.40.110 Procedures and guidelines.

19.40.120 Remedies.

19.40.130 Waiver prohibited.

19.40.140 Severability.

Prior legislation: Ord. Nos. 20-7 and 20-10.

19.40.010 Binding findings; definitions; citation.
(a) Binding findings. Pursuant to Civil Code Section 1946.2(g)(1)(B), the City Council hereby makes the following binding findings within this chapter, that this chapter is more protective than the provisions of Civil Code Section 1946.2 because:
(1) The just cause for termination of a residential tenancy under this chapter is consistent with and more protective than Civil Code Section 1946.2; and
(2) This chapter provides additional tenant protections that are not prohibited by any other provision of law, because it applies upon legal possession of a covered dwelling unit. provides for earlier and higher relocation assistance amounts than those available to tenants covered by Civil Code Section 1946.2, requires certain minimum lease terms, limits the exemptions listed in Civil Code Section 1946.2 and in particular applies just cause for termination of a tenancy to dwelling units regardless of when a certificate of occupancy is issued for the dwelling unit and protects tenants upon commencement of the tenancy; and (3) As provided in Civil Code Section 1946.2(g)(2), a residential real property shall not be subject to both a local ordinance requiring just cause for termination of a residential tenancy and Civil Code Section 1946.2.

This chapter intends to cover those dwelling units defined as covered rental units and to the extent such dwelling units are covered by this chapter, such dwelling units will not be subject to Civil Code Sections 1946.2 and 1947.12.
(b) The City Council finds that there presently exists a critical shortage of rental housing in the city. Due to this shortage, it is very difficult to find adequate, safe, and habitable rental housing at reasonable rents. (1) Due to the shortage of rental units, rents in the city are increasing excessively. A substantial number of persons in the city who reside in rental units spend a high percentage of their income on rent, and many have been forced to move out because they could no longer afford to pay the increase in rent. Further, low- and moderate-income tenants have difficulty finding affordable housing after being displaced due to a rent increase. (2) The purposes of this chapter are to promote long-term stability and certainty for tenants in the rental market while providing landlords an ability to receive a fair return on their property. This chapter regulates rents and terminations of tenancy, including requiring relocation assistance and affording a tenant the right to return under certain circumstances. It requires landlords to register covered rental units, establishes an administrative hearing process, and provides for procedures and guidelines for the implementation of this chapter.

Exhibit A to Attachment 1

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The Concord Municipal Code is current through Ordinance 24-7, passed November 12, 2024. (c) Definitions. The following terms shall have the meaning provided below when used in this chapter, whether plural or singular:
(1) Accessory dwelling unit shall mean an accessory dwelling unit or a junior accessory dwelling unit, as those terms are defined in Section 18.200.180, which has received a valid accessory dwelling unit or a junior accessory dwelling unit permit from the city or Contra Costa County. (2) Accommodations shall be as defined in the Government Code Section 7060(b)(1), which, for convenience, reads as follows:
(1) “Accommodations” means either of the following:
(A) The residential rental units in any detached physical structure containing four or more residential rental units.
(B) With respect to a detached physical structure containing three or fewer residential rental units, the residential rental units in that structure and in any other structure located on the same parcel of land, including any detached physical structure specified in subparagraph (A). (3) Allowable annual rent increase shall mean the annual rent increase as set forth in Section 19.40.040. (4) Base rent shall mean as follows: For tenancies commenced on or before April 4, 2023, the rent in effect on April 4, 2023, plus the initial allowable annual rent increase. For tenancies commenced after April 4, 2023, but prior to the effective date of this chapter, the rent charged upon initial occupancy, plus the initial allowable annual rent increase. For tenancies commenced after the effective date of this chapter, the rent charged upon initial occupancy. The foregoing amounts are subject to the assumption that such amounts are not in violation of this chapter or any provision of state law. Nothing in this definition is intended to alter the requirement that a landlord provide a tenant with valid, written notice of any change in the terms of the rental agreement (including any rent decrease or rent increase) as required by Civil Code Section 827. (5) Base year shall mean the 2022 calendar year.
(6) City Council shall mean the City Council of the City of Concord. (7) City shall mean the City of Concord.
(8) City Manager shall mean the Concord City Manager or their designee. (9) Code shall mean the Concord Municipal Code.
(10) Covered dwelling unit and covered rental unit are used interchangeably and shall mean a dwelling unit located within the City not specifically exempted under Section 19.40.020(1) or (2). (11) CPI shall mean Consumer Price Index for all urban consumers for the San Francisco-Oakland-Hayward, California area, or any successor designation of that index that may later be adopted by the U.S. Department of Labor for April of each year. Calculation of the CPI percentage will be determined by the city and set forth in its procedures and guidelines.
(12) Disabled shall mean any mental or physical disability as defined in Government Code Section 12955.3. A “disabled tenant” is a tenant who is disabled.
(13) Dwelling unit shall mean a dwelling unit, as defined under California Civil Code Section 1940(c), including joint living and work quarters, that is used or occupied in consideration of payment of rent, and applies to any dwelling space that is actually used for residential purposes, whether or not the residential use is legally permitted, including live-work spaces, mobile homes rented to a tenant, and any accessory dwelling unit in the city.
(14) Ellis Act shall mean California Government Code Sections 7060 through 7060.7.

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The Concord Municipal Code is current through Ordinance 24-7, passed November 12, 2024. (15) Fair return petition shall mean a petition filed by a landlord seeking a fair return rent increase pursuant to Section 19.40.050.
(16) Fair return rent increase shall mean the amount by which base rent plus any allowable annual rent increase may be increased in accordance with an approved fair return petition submitted pursuant to Section

19.40.050.
(17) Hearing officer shall mean an official appointed by the City Attorney to conduct an administrative hearing pursuant to this chapter.
(18) Housing services include, but are not limited to, repairs, maintenance, painting, providing light, heat, hot and cold water, elevator service, window shades and screens, storage, kitchen, bath and laundry facilities and privileges, janitor services, access to exterior doors, entry systems and gates, utilities (unless separately metered and billed to the tenant by the utility company since the inception of the tenancy, as provided in the rental agreement), refuse removal, furnishings, telephone, parking, the right to have a specified number of occupants or tenants, the right to have pets, utility infrastructure, and any other benefit, privilege or facility connected with the use or occupancy of any dwelling unit.
(19) HUD FMR rent shall mean the fair market rent published by the U.S. Department of Housing and Urban Development for the applicable year for Contra Costa County. (20) Initial allowable annual rent increase shall mean 60 percent of the CPI increase for the 12-month period from April 2022 to April 2023, which equals 2.52 percent. (21) Landlord or owner shall mean any person, acting as principal or through an agent, having the right to offer a dwelling unit for rent, and includes a sublessor, except that this term does not include the owner or operator of a mobile home park or his or her agent, but does include the owner of a mobile home if the mobile home is offered for rent.
(22) Landlord’s family member shall mean a landlord’s parent, child, spouse or registered domestic partner, grandparent, or grandchild.
(23) Lawful rent shall mean the base rent for a covered rental unit as such base rent may be increased by any annual allowable rent increase and any fair return rent increase permitted by this chapter. Lawful rent expressly excludes any unlawful rent.
(24) Lawful rent increase shall mean the annual allowable rent increase together with any fair return rent increase permitted for the covered rental unit as specified in this chapter. Lawful rent increase expressly excludes any unlawful rent increase.
(25) Lower-income tenant shall mean a person and family whose income does not exceed the qualifying limits for lower-income families as established and amended from time to time pursuant to Section 8 of the United States Housing Act of 1937, or as otherwise defined in California Health and Safety Code Section 50079.5. (26) Moving stipend is defined in Section 19.40.080(a)(2)(e). (27) Natural person is defined in Section 19.70.070(d)(1)f.1. (28) Property shall mean the real property on which the dwelling unit or units are located. For purposes of Ellis Act evictions only, property shall mean the parcel on which the accommodations are located. (29) Protected tenant shall mean any lower-income tenant, disabled tenant, senior tenant, terminally ill tenant, and any tenant whose household contains school-aged children. (30) Rent shall mean all payments and all nonmonetary consideration including, but not limited to, the fair market value of goods, labor performed or services rendered to or for the benefit of the landlord under a rental agreement concerning the use or occupancy of a dwelling unit and premises and attendant housing services,

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The Concord Municipal Code is current through Ordinance 24-7, passed November 12, 2024. including all payment and consideration demanded or paid for parking, utility charges, pets, furniture, and other benefits, privilege or facility connected with the use or occupancy of the dwelling unit. (31) Rental agreement shall mean an oral or written lease, sublease, or similar agreement between a landlord and a tenant for the lawful occupancy of a dwelling unit. (32) School-aged child or school-aged children shall mean any TK-12th grade student enrolled full-time in a brick-and-mortar school, or a special needs student enrolled full-time in a brick-and-mortar school, living in the tenant’s covered rental unit.
(33) School year shall mean the first day of instruction for the fall semester through the last day of instruction for the spring semester, as posted on the applicable school’s website. (34) Senior tenant shall mean a tenant who is at least 62 years of age or older as defined in Government Code Section 7060.4.
(35) Significant hardship is defined in Section 19.40.070(d)(1)(c). (36) Single-family homes/condominiums shall mean any dwelling unit that is alienable separate (i.e., separately transferrable) from the title to any other dwelling unit, or is a subdivided interest in a subdivision, as specified in California Business and Professions Code Section 11004.5(b), (d), or (f), including without limitation single- family residences and condominiums, but excluding mobile homes offered for rent. (37) State shall mean the state of California.
(38) Substantial remodel or substantially remodel shall mean either of the following that cannot be reasonably accomplished in a safe manner that allows the tenant to remain living in the covered rental unit and that requires the tenant to vacate the covered rental unit for at least 30 consecutive days: (1) the replacement or substantial modification of any structural, electrical, plumbing, or mechanical system that requires a permit from a governmental agency; or (2) the abatement of hazardous materials, including lead-based paint, mold, or asbestos, in accordance with applicable federal, state, and local laws. Cosmetic improvements alone, including painting, decorating, and minor repairs, or other work that can be performed safely without having the covered rental unit vacated, do not qualify as substantial remodel. (39) Tenancy shall mean the lawful occupation of a dwelling unit and includes a lease or a sublease. (40) Tenant shall mean a tenant, subtenant, lessee, sublessee, or any other person entitled under the terms of a rental agreement to the use or occupancy of any dwelling unit. (41) Terminally ill tenant shall mean a tenant who has a terminal disease as defined in California’s End of Life Option Act as any “incurable and irreversible disease that has been medically confirmed and will, within reasonable medical judgment, result in death within six months” pursuant to Health and Safety Code Section 443.1 and which is verified in writing by the tenant’s medical care provider. (42) Unlawful rent shall mean any rent charged by a landlord to or paid by a tenant for a covered rental unit which exceeds the tenant’s base rent together with any lawful rent increase. (d) Citation. This chapter may be referred to as the “residential tenant protection program” of the city. The words “this chapter” and “this ordinance” are used interchangeably herein. (Ord. No. 24-3, § 5 (Exh. A))

19.40.020 General applicability of chapter; exemptions.

This chapter shall apply to all landlords and tenants in dwelling units within the jurisdictional limits of the city, unless otherwise exempted by state law or the provisions of this chapter. (1) Fully exempt (exempt from both rent stabilization and just cause for eviction). The following dwelling units are exempt from all provisions of this chapter:

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The Concord Municipal Code is current through Ordinance 24-7, passed November 12, 2024. a. Units in hotels as defined in Section 18.20.020 which, for convenience, reads as follows:
“Hotel” or “motel” means a facility that provides guest rooms or suites, with or without kitchen facilities, rented to the public for transient lodging. These facilities typically include a variety of services in addition to lodging, such as restaurants, meeting facilities, spas or other personal services, and accessory guest facilities including swimming pools, sport courts, exercise facilities, and accessory retail sales. This classification does not include rooming houses, boardinghouses, or private residential clubs (see “Group housing” under “Residential Facility,” and “Bed and breakfast inn”).

For purposes of this chapter only, “hotel” or “motel” does not include short-term rental arrangements in which a dwelling unit is hired or occupied by reason of concession, permit, right of access, license, or other agreement for a period of 30 consecutive calendar days or less, counting portions of calendar days as full days.
b. Institutional facilities. Housing accommodations in a hospital, religious facility, extended care facility, licensed residential care facility for the elderly, as defined in Section 1569.2 of the Health and Safety Code, or an adult residential facility, as defined in Chapter 6 of Division 6 of Title 22 of the Manual of Policies and Procedures published by the State Department of Social Services. c. Dormitories owned and operated by an institution of higher education or a kindergarten and grades one to 12, inclusive, school.
d. Government owned. Housing accommodations which are owned by a public agency or authority, or which are specifically exempted under state or federal law or administrative regulation. e. Dwelling units in which the tenant shares bathroom or kitchen facilities with the owner who maintains their principal residence at the property.
f. Emergency shelters and homeless shelters as defined in Section 18.200.070. g. Residential facility/ies, as defined in Section 18.20.020. h. Accessory dwelling units.
i. A property containing two separate dwelling units within a single structure in which the owner occupied one of the units as the owner’s principal place of residence at the beginning of the tenancy, so long as the owner continues in occupancy, and neither unit is an accessory dwelling unit or a junior accessory dwelling unit.
(2) Partially exempt (exempt from rent stabilization but subject to just cause for eviction). The following dwelling units are exempt from all rent stabilization provisions of this chapter:
a. Dwelling units that are expressly exempt under state or federal law. This includes any dwelling unit that has a certificate of occupancy or equivalent permit for residential occupancy issued after February 1, 1995.

For this purpose, a certificate of occupancy is the certificate issued before the property is used for any residential purposes.
b. Three or more rented single-family homes/condominiums. Rented single-family homes/condominiums, but only to the extent that three or more are offered for rent by the same or substantially similar landlord, owner, or natural person. For purposes of determining if this exemption applies, the City Manager is hereby delegated the authority to determine whether or not the landlords, owners, or natural persons are “the same or substantially similar” using those criteria the City Manager deems appropriate, including but not limited to ascertaining whether the dwelling units have any landlords, owners, or natural persons in common.

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The Concord Municipal Code is current through Ordinance 24-7, passed November 12, 2024. (3) Partially exempt (exempt from rent stabilization and just cause for eviction but subject to the rent registry).

The following dwelling units are exempt from all provisions of this chapter except for the annual rental registration requirements pursuant to Section 19.40.060:
a. Two or fewer rented single-family homes/condominiums. Single-family homes/condominiums, but only to the extent that two or fewer (i.e., no more than two) are offered for rent by the same or substantially similar landlord, owner, or natural person. For purposes of determining if this exemption applies, the City Manager is hereby delegated the authority to determine whether or not the landlords, owners, or natural persons are “the same or substantially similar” using those criteria the City Manager deems appropriate, including but not limited to ascertaining whether the dwelling units have any landlords, owners, or natural persons in common.
(Ord. No. 24-3, § 5 (Exh. A))

19.40.030 Rent stabilization.
(a) Subject to Section 19.40.020, no landlord shall charge rent in an amount that exceeds the base rent plus any lawful rent increases permitted by this chapter.
(Ord. No. 24-3, § 5 (Exh. A))

19.40.040 Permitted rent increases for covered rental units. (a) A landlord may, but shall not be obligated to, impose the initial allowable annual rent increase, fair return rent increase, or any other allowable annual rent increase for any covered rental unit, as allowed in this section after providing prior written notice to the tenant of the rent increase pursuant to California Civil Code Section 827, as may be amended.
(b) Notwithstanding the foregoing, a landlord shall be prohibited from imposing any rent increase, unless the covered rental unit is registered with the city pursuant to Section 19.40.060, and the landlord is not delinquent in any registry fees, accrued interest, fines, and/or penalties. (c) Allowable annual rent increases.
(1) For the period from April 1, 2023 to March 31, 2025, this chapter shall limit annual rent increases on covered rental units to no more than 60 percent of the percentage increase in CPI published and reported for the 12-month period ending as of April of the immediately preceding year; provided, however, in no event shall the allowable annual rent increase exceed three percent (the allowable annual rent increase shall be rounded to the nearest one-quarter of a percent).
(2) Beginning in April 1, 2025 and for each 12-month period thereafter, annual allowable rent increases on covered rental units shall be no more than five percent of the lawful rent for the preceding 12-month period. (3) Fair return rent increases may also be applied pursuant to Section 19.40.050. (4) Nothing in this subsection is intended to alter the requirement that a landlord provide a tenant with valid, written notice of any rent increase as required by Civil Code Section 827. (d) Only one allowable annual rent increase and one fair return rent increase (if and to the extent approved by the hearing officer) may be imposed on a covered dwelling unit in any 12-month period, unless otherwise permitted by this chapter.
(e) Rent increase following vacancy (vacancy decontrol). When a tenant has voluntarily vacated, abandoned, or been legally evicted from a covered rental unit, the landlord may set the initial rent for the next tenant, without restriction, at the commencement of the new tenancy.
(f) Allowable annual rent increase banking prohibited. A landlord who seeks to raise lawful rent by the allowable annual rent increase must do so within the 12-month period between August 1st of the current year and July 31st of the following year. A landlord who does not impose an allowable annual rent increase or any portion thereof in the

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The Concord Municipal Code is current through Ordinance 24-7, passed November 12, 2024. applicable 12-month period automatically waives that allowable annual rent increase or the remaining portion of that allowable annual rent increase for the remainder of the tenancy. (Ord. No. 24-3, § 5 (Exh. A))

19.40.050 Rent adjustment petitions.
(a) Fair return petitions. Landlords who believe they are not receiving a fair return on their property may submit a fair return petition to the city to request an increase in rent beyond that which is permitted under Section 19.40.040. (1) Nothing in this section shall be interpreted to authorize any lawful rent increase in any 12-month period for a covered rental unit in excess of the amount authorized pursuant to California Civil Code Section 1947.12, as may be amended. If a hearing officer awards a landlord a fair return rent increase in excess of the maximum allowable rent increase pursuant to Civil Code Section 1947.12, the landlord may carry forward any portion of the fair return rent increase that could not be taken to a subsequent year until the full fair return rent increase is imposed.
(2) No fair return petition shall be deemed submitted or accepted until the landlord has registered the property and paid all current and past due registration fees for the property. (3) No fair return rent increases shall become effective until all of the following have occurred:
a. The landlord has provided written notice of the fair return rent increase for the covered rental unit in accordance with California Civil Code Section 827, as may be amended; b. After a hearing is held, the hearing officer, in a written decision, grants the fair return rent increase; and c. All amounts due and payable to the city in connection with the fair return petition and hearing have been paid in full.
(4) Standard for approving a fair return petition.
a. Fair return. The landlord has the right to obtain a net operating income equal to the base year net operating income adjusted by the percentage increase in the CPI since the base year. It shall be presumed that this standard provides a fair return. The current year CPI shall be the annual CPI for the calendar year preceding the calendar year the fair return petition is filed. The hearing officer shall make a determination whether the landlord will receive a fair return under this standard. In evaluating whether or not the landlord is receiving a fair return on their investment, the hearing officer may consider other relevant factors without limitation.
b. Base year net operating income. The base year and current year net operating income shall be determined by subtracting the actual operating expenses for the base year from the gross income realized during the base year. The landlord shall provide evidence of gross income, operating expenses, and the determination of net operating income for the base year and current year. All figures shall be certified by the landlord under penalty of perjury as true and correct and with respect to expenses and income used to determine gross income, as permitted pursuant to subsection (a) of this section. c. Rebuttal of base year net operating income presumption. Any party to the hearing may present evidence to rebut the presumption of fair return based upon the base year net operating income, and the hearing officer may adjust said net operating income accordingly if at least one of the following findings is made:

1. The landlord’s operating expenses in the base year were unusually high or low in comparison to other years. In such instances, adjustment may be made in calculating operating expenses so the base year operating expenses reflect average expenses for the property over a reasonable period of time. The hearing officer shall consider the following factors in making this finding:
(a) Extraordinary amounts were expended for necessary maintenance and repairs;

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The Concord Municipal Code is current through Ordinance 24-7, passed November 12, 2024. (b) Maintenance and repair was below accepted standards so as to cause significant deterioration in the quality of services provided;
(c) Other expenses were unreasonably high or low in comparison to prudent business practices; (d) Costs of debt service paid during the base year, where the proceeds of the debt were used for capital improvements or rehabilitation in the property.

2. The gross income during the base year was disproportionate. In such instances, adjustments may be made in calculating gross income consistent with the purposes of this section. The hearing officer shall consider the following factors in making this finding:
(a) The gross income during the base year was lower than it might have been because some tenants were charged reduced rent;
(b) The gross income during the base year was significantly lower than normal because of the destruction of the premises and/or temporary eviction or vacancies for a substantial remodel, construction, or repairs.

3. The rent charged by the landlord in the base year was significantly below the HUD FMR rent for the most similar unit type.
d. Determination of current net operating income. The net operating income as of the date of filing a fair return petition shall be determined by:

1. Annualizing the rent in effect as of the date of filing to determine the annualized gross income;

2. Determining the operating expenses during the immediately preceding calendar year;

3. Subtracting the operating expenses determined pursuant to subsection (a)(4)(d)(2) of this section from the annualized gross income.
e. Calculation of gross income.

1. For the purposes of determining the net operating income, gross income shall be the sum of the following:
(a) Gross rent calculated as gross rental income at 100 percent occupancy, adjusted for uncollected rent as provided in subsection (a)(4)(e)(2) of this section; (b) Income from any laundry facilities and parking fees; (c) All other income or consideration received or receivable in connection with the use or occupancy of the covered rental unit.

2. Gross rent shall be adjusted for uncollected rent due to vacancy and bad debts to the extent such are beyond the control of the landlord. No such adjustment shall be greater than three percent of gross rent unless justification for a higher rate is demonstrated by the landlord. f. Calculation of operating expenses.

1. For the purposes of determining net operating income, operating expenses shall include the following:
(a) Reasonable costs of operation and maintenance.
(b) Utility costs to the extent they are not paid by the tenants.

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The Concord Municipal Code is current through Ordinance 24-7, passed November 12, 2024. (c) Landlord-performed labor compensated at reasonable hourly rates. No landlord-performed labor shall be included as an operating expense unless the landlord submits documentation showing the date, time and nature of the work performed. There shall be a maximum allowed under this provision of five percent of gross income unless the landlord shows greater services were performed for the benefit of the tenants.
(d) Real property taxes and assessments.
(e) Reasonable costs of operation and maintenance including, but not limited to, costs associated with repairs mandated by law.
(f) Insurance costs to the extent they are not paid by the tenants.

2. Operating expenses shall not include the following:
(a) Mortgage principal or interest payments or other debt service costs or lease payments; (b) Any penalties, fees or interest assessed or awarded for violation of any provision of this chapter or of any other provision of law;
(c) Legal fees except as specified in subsection (a)(4)(f)(3) of this section; (d) Political contributions;
(e) Any expenses for which the landlord has been or will be reimbursed by any discount, security deposit, insurance payment or settlement, judgment for damages, settlement or any other method or device;
(f) Avoidable and unnecessary expense increases since the base year; (g) Depreciation;
(h) Expenses which are excessive in relation to the customary and reasonable costs of such items;
(i) The costs of capital improvements associated with the purchase and/or installation of separate meters or service unless the landlord can demonstrate that such improvements benefit the tenants.

3. Legal expenses allowed in the calculation of operating expenses shall include: attorneys’ fees and costs incurred in connection with successful good-faith attempts to recover rent owing, successful good-faith unlawful detainer actions not in derogation of applicable law, and legal expenses necessarily incurred in dealings with respect to the normal operation of the property to the extent such expenses are not recovered from adverse or other parties. Attorneys’ fees incurred in relation to the administrative or judicial proceedings in connection with subsection (a) of this section are not allowable as operating expenses.
g. Determination of fair return rent increase.

1. The hearing officer shall set the fair return rent increase in the amount required to provide the landlord with a fair return.

2. In determining the fair return rent increase required to provide the landlord with a fair return, the following shall be determined:
(a) The fair return in accordance with subsection (a)(4)(a); (b) The gross income required to produce the fair return;

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The Concord Municipal Code is current through Ordinance 24-7, passed November 12, 2024. (c) The rent increase needed to produce the required gross income. (5) Notices upon submitting petition.
a. Within five calendar days after submission of a landlord’s fair return petition to the city, the landlord shall serve each affected tenant with a notice of the fair return petition via personal service or certified mail.
b. Within 10 calendar days after service on each affected tenant, the landlord shall file with the city a proof of service, signed under penalty of perjury, stating that a copy of the petition was served upon each affected tenant.
(b) Tenant petitions. If a landlord demands or retains unlawful rent for a covered rental unit, a tenant may file a petition to adjust the rent to its lawful level.
(1) Unlawful rent. If a tenant believes that the landlord is demanding unlawful rent for a covered rental unit, then the tenant may submit a tenant petition to the city. (2) Decrease in housing services. A decrease in housing services of a covered rental unit, without a corresponding reduction in rent, is considered an increase in rent. Before filing a petition with the city, a tenant shall provide the landlord all of the following (copies of which must be submitted with the tenant petition):
a. Prior written notice identifying the decrease in housing services of a covered rental unit; and b. A reasonable opportunity to correct the issue(s).
(3) Notices upon submitting petition.
a. Within five calendar days after submission of a tenant petition for rent adjustment to the city, the tenant shall serve the landlord with said petition via personal service or certified mail. b. Within 10 calendar days after service on the landlord, the tenant shall file with the city a proof of service, signed under penalty of perjury, stating that a copy of the petition was served on the landlord. (c) Petition forms. Fair return and tenant petitions must be filed on petition forms prescribed by the city and accompanied by such supporting material as the city may require. Each petition shall be made under penalty of perjury.
(d) Petition fees.
(1) Fair return petitions.
a. Landlords filing a fair return petition shall be responsible for all city costs associated with such petition, including, but not limited to, the cost of the hearing officers, any costs associated with experts, inspection fees, and any other costs. The city shall provide the landlord with an estimate of the costs at least 45 calendar days prior to the first date set for the hearing. The landlord shall deposit with the city the full estimated cost of the hearing at least 30 calendar days prior to the first date set for the hearing. If the deposit is not timely received by the city, the hearing will be postponed, and the hearing shall not be rescheduled until such time as the deposit is received. The city shall have the right to deduct costs incurred from the deposit. Upon the completion of the hearing, the city shall prepare a final invoice of hearing costs.
b. To the extent that the final invoice amount exceeds the amount deposited by the landlord, the landlord shall pay the difference to the city within 10 days of receipt of the final invoice. To the extent the final invoice amount is less than the amount deposited by the landlord, the city shall issue a refund to the landlord for the difference.

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The Concord Municipal Code is current through Ordinance 24-7, passed November 12, 2024. c. The city will not issue the hearing officer’s final decision until the city has received full payment of the final invoice, and no fair return rent increase, if approved, may be imposed until full payment is received by the city.
(2) Tenant petitions. There shall not be any fee charged for tenants filing a petition for a downward adjustment of rent.
(e) Hearing process.
(1) Upon receipt of a fair return or tenant petition and the proof(s) of service that the petition has been served as provided above, the city shall appoint a hearing officer to conduct a hearing on the petition and to render a final decision on the merits of the petition, subject to this chapter and any procedures, regulations, and guidelines promulgated by the City Manager.
(2) Each party to a petition shall receive sufficient advance notice of the time, date, and place of any hearing regarding the petition.
(3) The hearing officer may require either party to a petition to provide any books, records, and papers deemed pertinent.
(4) If the hearing officer finds good cause to believe that a building or other inspection would assist in resolving the issues raised in the petition, the hearing officer may conduct an inspection and/or request that the city conduct an inspection. Any party submitting a petition shall be required to cooperate with the city to grant and/or secure permission to conduct such inspection, within the constraints of applicable law; failure to do so shall be considered an automatic and voluntary withdrawal of that party’s petition upon written notice by the city thereof. The parties to the petition may be present during the inspection. (5) All hearings conducted pursuant to this chapter shall be open to the parties and their designated representatives, but shall not be open to the public.
(f) Assistance or representation authorized. All parties to a petition may seek assistance from attorneys, recognized tenant organization representatives, or any other person designated by said parties. (g) Consolidation. All fair return petitions pertaining to tenants in the same property shall be consolidated for determination. Tenant petitions for rent adjustment from tenants residing in the same property may be consolidated at the election of the city, in its sole discretion.
(h) Quantum of proof and notice of decision. No petition shall be granted unless supported by the preponderance of the evidence submitted prior to and at the hearing. All parties to the petition shall be sent notice of the decision. (i) Finality of decision. The decision of the hearing officer shall be the final decision and shall not be appealable to the City Council. Any party disputing the final conclusions and findings of the hearing officer may seek review pursuant to Code of Civil Procedure Sections 1094.5 and 1094.6. (j) Time of hearing and decision. The city shall not be required to accept petitions until six months after the effective date of the ordinance codified in this chapter. The city shall endeavor, but shall not be required, to schedule a hearing on a petition within 90 days after submittal to the city of the petition and the proof(s) of service. A final decision on a petition shall be made within a reasonable time after the conclusion of the hearing. (Ord. No. 24-3, § 5 (Exh. A))

19.40.060 Annual rental registration.
(a) Registration of covered rental unit. A landlord shall register any covered rental unit (including any rented single- family homes or condominiums) through the city’s designated rent registry portal, shall provide all required information, shall pay the required rent registry fees, and shall annually submit reports. (b) Rent registry fees. A landlord shall pay the required rent registry fees as set forth in the City Council adopted Resolution Establishing Fees and Charges for Various Municipal Services. The fees will be used to finance the cost

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The Concord Municipal Code is current through Ordinance 24-7, passed November 12, 2024. of the rent registry and implementation and enforcement of this chapter including, but not limited to, administrative time and costs, legal fees and costs, and any other expense incurred to implement, administer, or enforce this chapter.
(c) Late fees, penalty for late payment; penalty for incomplete or false information. Should a landlord fail to pay all or a portion of the rent registry fees, or provide incomplete or false information, the city may recover the outstanding amounts, plus accrued interest, fines, and penalties, utilizing any remedies provided by law or in equity, including municipal tax lien procedures established by ordinance or state law. Such sums shall be calculated as set forth in the Resolution Establishing Fees and Charges for Various Municipal Services and applicable law, may be applied on a per-unit basis, and may be subject to adjustment by the City Attorney or hearing officer. (d) Past due amounts. To the extent that a landlord owes rental registry fees, accrued interest, fines, or penalties incurred prior to the effective date of the ordinance codified in this chapter, such amounts shall continue to be owed and continue to accrue. See also Sections 19.40.040(b) and 19.40.050(a)(2). (e) Termination notices. Within seven calendar days of serving a notice of termination on a tenant, a landlord shall submit a copy of such notice of termination through the city’s designated rent registry portal. (Ord. No. 24-3, § 5 (Exh. A))

19.40.070 Just cause for eviction.
(a) This section shall apply to all landlords and tenants in dwelling units within the jurisdictional limits of the city, unless otherwise exempted by state law or the provisions of this chapter. (b) When terminating a tenancy for cause or no-fault, a landlord must comply with all of the following:
(1) The landlord must serve a written notice to the tenant that, in addition to any information required by federal or state law, the landlord will terminate the tenant’s tenancy because of at least one for-cause or no-fault reason and state the ground(s) for such termination as described in subsection (c) and/or (d) of this section; (2) The landlord has not accepted and will not accept rent or any other consideration in return for the continued use of the covered rental unit beyond the term of the terminated tenancy; and (3) The landlord qualifies the termination as for-cause or no-fault, as specified in this section. (c) For-cause termination of tenancy. If a landlord can show any of the following circumstances with respect to a termination of tenancy in a covered rental unit, the termination qualifies as a for-cause termination:
(1) Default in the payment of rent.
(2) A breach in the material terms of the rental agreement, as described in paragraph (3) of Section 1161 of the Code of Civil Procedure, including, but not limited to, violation of a provision of the rental agreement after being issued a written notice to correct the violation. (3) Maintaining, committing, or permitting the maintenance or commission of a nuisance as described in paragraph (4) of Section 1161 of the Code of Civil Procedure. (4) Committing waste as described in paragraph (4) of Section 1161 of the Code of Civil Procedure. (5) The tenant had a written rental agreement, and after a written request or demand from the landlord, the tenant has refused to execute a written extension or renewal of the rental agreement for an additional term of similar duration with similar provisions; provided, that those terms do not violate this chapter or any other provision of law.
(6) Criminal activity by the tenant in the covered rental unit or on the property, including any common areas, or any criminal activity or criminal threat, as defined in subdivision (a) of Section 422 of the Penal Code, or criminal activity by the tenant on or off the property that is directed at other tenants or the landlord.

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The Concord Municipal Code is current through Ordinance 24-7, passed November 12, 2024. (7) Assigning or subletting the covered rental unit in violation of the rental agreement, as described in paragraph (4) of Section 1161 of the Code of Civil Procedure. (8) The tenant’s refusal to allow the landlord to enter the covered rental unit as authorized by Sections 1101.5 and 1954 of the Civil Code, and Sections 13113.7 and 17926.1 of the Health and Safety Code. (9) Using the covered rental unit or any portion of the property for an unlawful purpose as described in paragraph (4) of Section 1161 of the Code of Civil Procedure. (10) The employee, agent, or licensee’s failure to vacate after their termination as an employee, agent, or a licensee as described in paragraph (1) of Section 1161 of the Code of Civil Procedure. (11) When the tenant fails to deliver possession of the covered rental unit after providing the landlord written notice as provided in Section 1946 of the Civil Code of the tenant’s intention to terminate the hiring of the covered rental unit, or makes a written offer to surrender the covered rental unit that is accepted in writing by the landlord, but fails to deliver possession at the time specified in that written notice as described in paragraph (5) of Section 1161 of the Code of Civil Procedure.
(d) No-fault termination of tenancy. If a landlord can show any of the following circumstances with respect to a termination of tenancy in a covered rental unit, the termination qualifies as a no-fault termination. See subsection (e) of this section for right of return provisions. See Section 19.40.080 for rental assistance and moving stipend provisions.
(1) Owner move-ins. Intent to occupy the covered rental unit by the landlord or the landlord’s family member. a. A landlord may not terminate a tenancy based on intent to occupy the covered rental unit by the landlord or the landlord’s family member if the intended occupant already occupies a dwelling unit on the property or if a vacancy of a similar dwelling unit already exists at the property. b. The written notice terminating a tenancy pursuant to this subsection shall contain the name or names and relationship to the landlord of the intended occupant. The written notice shall additionally include notification that the tenant may request proof that the intended occupant is a landlord or the landlord’s family member. The proof shall be provided upon request and may include an operating agreement and other nonpublic documents.
c. This subsection (d)(1) only applies if the intended occupant moves into the covered rental unit within 90 days after the tenant vacates and occupies the covered rental unit as a primary residence for at least 24 consecutive months. If the intended occupant moves into the covered rental unit within 90 days after the tenant vacates, but before having occupied the covered rental unit as a primary residence for 24 months as required herein, and suffers a serious disability, becomes terminally ill, or suffers some other significant hardship (each, a “significant hardship”) requiring the intended occupant to vacate the covered rental unit, this will not be considered a failure to comply with this section. d. A landlord shall only be allowed to terminate a tenancy pursuant to this subsection (d)(1) if the landlord meets one of the following:

1. Is a natural person that has at least 25 percent recorded ownership interest in the property;

2. Is a natural person who has any recorded ownership interest in the property if 100 percent of the recorded ownership interest is divided among owners who are related to each other as sibling, spouse, domestic partner, child, parent, grandparent, or grandchild; or

3. Is a natural person whose recorded interest in the property is owned through a limited liability company or partnership.
e. Owner move-in protections for senior, disabled, and terminally ill tenants. A landlord may not evict a tenant in order to occupy the covered rental unit by the landlord or the landlord’s family member if the tenant has resided in the dwelling unit for at least three years and is either a senior tenant, a disabled

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The Concord Municipal Code is current through Ordinance 24-7, passed November 12, 2024. tenant, or a terminally ill tenant, unless the landlord or landlord’s family member who will occupy the covered rental unit is either a senior tenant, a disabled tenant, or a terminally ill tenant, and no other covered rental units are available at the property.
f. As used in this chapter:

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

2. “Family trust” shall mean a revocable living trust or irrevocable trust in which the settlors and beneficiaries of the trust are persons who are related to each other as sibling, spouse, domestic partner, child, parent, grandparent, or grandchild.
(2) Ellis Act evictions. Withdrawal of all accommodations at the property from the rental market is subject to the following conditions and requirements pursuant to the Ellis Act:
a. Landlord complies with all provisions of the Ellis Act, unless otherwise indicated in this subsection (d)(2).
b. Not less than 120 days from the date the landlord intends to withdraw the accommodations, and after completion of all required proceedings, if any, the landlord shall provide written notice of termination of tenancy to all affected tenants.
c. Landlord’s notice to all affected tenants shall contain the following information:

1. That the landlord is evicting the tenant pursuant to this subsection (d)(2);

2. That within 30 days of receipt of notice to terminate, the tenant may notify the landlord in writing that the tenant would be interested in re-renting the covered rental unit if any of the covered rental units are reoffered for rent at a future time and advising the tenant to notify the landlord of future address changes;

3. A general description of the tenant’s rights to relocation assistance and any other rights set forth in this chapter and the Ellis Act (relocation assistance and any additional special assistance shall be paid in accordance with Section 19.40.080);

4. Any other information required pursuant to Civil Code Section 7060.4; and

5. A self-addressed, stamped postcard on which the tenant may indicate, under penalty of perjury, whether they or another tenant in the covered dwelling unit are a disabled tenant or senior tenant. d. A senior tenant or a disabled tenant who has resided in the covered rental unit for at least one year prior to the landlord’s notice of intent to withdraw the covered rental unit in a property from the residential rental market, and after receiving 120 days’ written notice, may within 60 days of receipt of the written notice of termination submit a written notice to the landlord of tenant’s status as a senior or disabled tenant, in which event the notice of termination shall be extended to one year from the date of delivery of the notice pursuant to subsection (d)(2)(c) of this section. e. To the fullest extent permitted by law, the city adopts all tenant protections authorized by the state legislature in the following provisions of the Ellis Act: California Government Code Sections 7060.2, 7060.3, 7060.4, 7060.6, and this chapter shall be interpreted to implement all available tenant protections in the aforementioned sections of the Government Code, as they exist as of the effective date of this chapter. See also subsection (e)(2) of this section for Ellis Act right of return provisions. See Section

19.40.120(a)(3) for Ellis Act remedies, including exemplary damages.

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The Concord Municipal Code is current through Ordinance 24-7, passed November 12, 2024. f. Recordation of notice.

1. The city shall prepare a form notice consistent with Government Code Section 7060.3, and which shall specifically describe the property where the covered rental units are located, the dates applicable to the constraints and the name of the owner of record of the property.

2. Any landlord withdrawing a property containing covered rental units from the rental market shall complete such notice and shall serve such notice on the city concurrent with providing notice to the tenants of the landlord’s intent to withdraw the covered rental units from the residential rental market.

The notice shall be executed by the fee owner(s) of the property, and all such signatures shall be duly notarized.

3. The city shall record the notice with the county recorder. Such notice encumbers the property for 10 years from the date the accommodations are withdrawn from rent or lease. (3) Government orders. The landlord is complying with any of the following:
a. An order issued by a government agency or court relating to habitability that necessitates vacating the covered rental unit; or
b. An order issued by a government agency or court to vacate the covered rental unit; or c. A local ordinance that necessitates vacating the covered rental unit. (4) Intent to demolish/substantially remodel. Intent to demolish or to substantially remodel the covered rental unit.
a. For purposes of this subsection, a tenant is not required to vacate the covered rental unit on any days where a tenant could continue living in the covered rental unit without violating health, safety, and habitability codes and laws.
b. In order to terminate a tenancy based on intent to demolish or to substantially remodel the covered rental unit pursuant to this subsection, a landlord must provide the tenant with written notice pursuant to Civil Code Section 1946.1 which notice shall be in no less than 12-point type, shall be in English and Spanish and include all of the following information:

1. A statement informing the tenant of the landlord’s intent to demolish the property or substantially remodel the covered rental unit or property.

2. The following statement: “If the substantial remodel of your unit or demolition of the property as described in this notice of termination is not commenced or completed, the Landlord must offer you the opportunity to re-rent your unit with a rental agreement containing the same terms as your most recent rental agreement with the Landlord at the rental rate that was in effect at the time you vacated.

You must notify the Landlord within thirty (30) days of receipt of the offer to re-rent of your acceptance or rejection of the offer, and, if accepted, you must reoccupy the unit within thirty (30) days of notifying the Landlord of your acceptance of the offer.”

3. A description of the substantial remodel to be completed, the approximate expected duration of the substantial remodel, or if the property is to be demolished, the expected date by which the property will be demolished, together with one of the following:
(a) A copy of the permit or permits (or a written commitment from the applicable governmental agency that such permits are ready to be issued subject only to conditions requiring the property or covered rental unit to be vacant) required to undertake the substantial remodel or demolition; or
(b) If the notice is issued to abate hazardous materials and the remodel does not require any permit, a copy of the signed contract with the contractor hired by the landlord to complete the

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The Concord Municipal Code is current through Ordinance 24-7, passed November 12, 2024. substantial remodel, that reasonably details the work that will be undertaken to abate the hazardous materials.

4. A notification that the tenant has the right to return to the covered rental unit upon completion of the substantial remodel at the same rent and the same lease terms subject to any lawful rent increases. (e) Tenant’s right of first return to a covered rental unit; rent upon return. (1) Owner move-in right of return. If the intended occupant fails to occupy the covered rental unit within 90 days after the tenant vacates, or if the intended occupant fails to occupy the covered rental unit as their primary residence for at least 24 consecutive months absent a significant hardship as provided in subsection (d)(1)(c) of this section, and if tenant reoccupies such covered rental unit, landlord shall reimburse the tenant for reasonable moving expenses incurred. Such payment shall be in addition to any relocation assistance that was paid to the tenant in connection with the termination notice. To the extent permitted by state law, for a new tenancy commenced during the time periods described in this subsection (e)(1), the covered rental unit shall be offered and rented or leased at the lawful rent in effect at the time any notice of termination of tenancy is served, subject to any lawful rent increases.
(2) Ellis Act right of return.
a. If within two years after withdrawing a covered rental unit from the rental market pursuant to subsection (d)(2) of this section a landlord offers for rent such covered rental unit, in addition to any right of return that the tenant may have pursuant to this chapter, the landlord shall be liable to the tenant who was displaced from the covered rental unit for actual and exemplary damages provided the tenant brings an action against the landlord within three years of the withdrawal of the covered rental unit from the rental market.
b. Return within five years. A tenant of a covered rental unit whose tenancy was terminated in accordance with subsection (d)(2) of this section is entitled to receive notice of the first right to return to the same covered rental unit at the rent previously charged for the covered rental unit, subject to any lawful rent increases, and subject to the rental agreement terms in effect at the time the tenant vacated. A tenant may return to the covered rental unit if:

1. The tenant has provided the landlord a current mailing address and/or email address, and keeps those addresses updated, at which to receive notice from the landlord that the covered rental unit is available; and

2. The landlord returns the covered rental unit to the residential rental market within five years after the effective date of withdrawal of a property containing the covered rental unit from the residential rental market.
c. Return within 10 years. A landlord of a property containing a covered rental unit that was withdrawn from the residential rental market within the previous 10 years must provide 120 days’ written notice to the previous tenants of the landlord’s intent to return the covered rental unit to the residential rental market.
d. Any tenant displaced from a covered rental unit in connection with the withdrawal of a property containing a covered rental unit from the residential rental market may request the first right of return from the landlord within 30 days of receipt of a landlord’s written notice of intent to return the covered rental unit to the residential rental market.
(3) Government order right of return. The landlord must give advance notice to the tenant of the tenant’s right to reoccupy the covered rental unit if and when the covered rental unit is found to be in compliance with the order. The tenant shall notify the landlord, in writing, within 30 days after the receipt of such notice of the tenant’s interest to reoccupy the covered rental unit and shall provide the landlord with their contact information.

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Concord Municipal Code
Chapter 19.40 RESIDENTIAL TENANT PROTECTION

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The Concord Municipal Code is current through Ordinance 24-7, passed November 12, 2024. (4) Substantial remodel right of return. Tenant shall have the right to return to the covered rental unit upon completion of the substantial remodel. The tenant shall notify the landlord, in writing, within 30 days after the receipt of such notice of the tenant’s interest to reoccupy the covered rental unit and shall provide the landlord with their contact information.
(5) Rent upon return. In each such instance, the landlord shall offer and tenant shall have the right to return to the same covered rental unit at the rent previously charged for the covered rental unit, subject to any lawful rent increases, and subject to the rental agreement terms in effect at the time the tenant vacated. (f) School year evictions.
(1) It shall be a defense to a no-fault eviction if a school-aged child resides in the covered rental unit, if the effective date of the notice of termination of tenancy falls during the school year. (2) Within 30 days of service of the notice of termination of tenancy, the tenant must submit a statement with supporting evidence to the landlord if the tenant claims to have a school-aged child residing in the covered dwelling unit; this information is required in addition to tenant’s return of the postcard referenced in Section

19.40.080(a)(1). The notice of termination of tenancy shall contain a warning that a tenant’s failure to submit such statement within 30 days of receipt of the notice shall be deemed an admission that the tenant is not protected from eviction pursuant to this subsection (f). (3) A landlord may challenge a tenant’s claim of protected status pursuant to this subsection (f) through commencement of the eviction proceeding.
(Ord. No. 24-3, § 5 (Exh. A))

19.40.080 Relocation assistance for no-fault termination of tenancy; moving stipend. (a) Relocation assistance for no-fault terminations.
(1) For a tenancy for which just cause is required to terminate the tenancy under Section 19.40.070, if a landlord issues a termination notice for a no-fault reason, the landlord shall, regardless of the tenant’s income, assist the tenant to relocate by providing a direct payment to the tenant as described in subsection (a)(3) of this section and (except to the extent prohibited by applicable law) the landlord shall notify the tenant in writing of the tenant’s right to relocation assistance at the time the landlord issues the notice of termination. Each termination notice shall be accompanied by a self-addressed stamped postcard (in a format approved by the city) on which the tenant may indicate, under penalty of perjury, whether they or another tenant in the covered dwelling unit are a protected tenant and under which category (i.e., lower-income tenant, disabled tenant, senior tenant, terminally ill tenant, school-aged child/ren) they claim protected tenant status. (2) Permanent relocations. When relocation assistance is required by this subsection (a)(2) to tenants who are evicted pursuant to Section 19.40.070(d), the landlord must make relocation assistance payments as follows:
a. Nonprotected tenant relocation assistance. If the tenancy is terminated pursuant to Section

19.40.070(d)(1) through (3) (i.e., owner move-ins, Ellis Act evictions, governmental orders), or pursuant to Section 19.40.070(d)(4) (i.e., intent to demolish/substantially remodel) with the intent to demolish the covered rental unit, the landlord shall pay to the tenant relocation assistance in the amount of three times the HUD FMR rent for the most similar unit type based on the number of bedrooms plus the moving stipend. Such payment shall be calculated on a per-covered dwelling unit basis, without reference to the number of tenants in the covered dwelling unit.
b. Protected tenant relocation assistance. If one of the tenants living in the covered rental unit from which the tenants are displaced is a protected tenant, then all tenants living in the covered rental unit are collectively entitled to receive supplemental relocation assistance in the amount of one additional month of the applicable HUD FMR rent. Such payment shall be calculated on a per-covered dwelling unit basis, without reference to the number of tenants and protected tenants in the covered dwelling unit.

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The Concord Municipal Code is current through Ordinance 24-7, passed November 12, 2024. c. Three or more rented single-family home/condominium relocation assistance. Notwithstanding anything in this chapter to the contrary, in the case of any rented single-family homes or condominiums subject to Section 19.40.020(2)b (Three or more rented single-family homes/condominiums), the landlord shall pay to the tenant relocation assistance in the amount of two months of the tenant’s then-current rent plus a moving stipend in the amount of $2,000.
d. Payment process. For permanent relocation assistance, the landlord shall provide one-half of the relocation assistance owed to the tenant within 15 calendar days of service of the notice of termination.

The remaining relocation assistance shall be paid to the tenant in cash no later than the date the tenant vacates the covered rental unit.
e. Moving stipend. The landlord shall pay to the tenant the amount of $3,000 (“moving stipend”), which shall be paid to the tenant in cash no later than the date the tenant vacates the covered rental unit. Such payment shall be calculated on a per-covered dwelling unit basis, without reference to the number of tenants in the covered dwelling unit.
f. Refund of security deposit. A landlord must refund to the tenant any security deposit paid by the tenant.

A landlord may withhold any properly itemized deductions from the security deposit in accordance with California Civil Code Section 1950.5.
(3) Temporary relocations. A landlord must pay temporary relocation assistance to tenants of a covered rental unit who are temporarily displaced due to substantial remodel of covered rental unit:
a. Thirty days or fewer. A landlord must provide the tenant a per diem payment if the tenant will be temporarily displaced for 30 days or fewer. The landlord shall pay to the tenant the full amount of the per diem payment when the tenant temporarily vacates the covered rental unit. b. Thirty-one days or more. A landlord must provide the tenant either a per diem payment or, at the landlord’s election, comparable or superior temporary housing, if available. c. Duration extended. In the event the duration of the temporary relocation is longer than anticipated, the landlord shall continue to pay to the tenant the per diem relocation assistance payments on a weekly basis or continue to provide the tenant with the comparable or superior temporary housing until the tenant is able to return to the covered rental unit.
d. Per diem amount. The per diem payment amount shall be based on the Federal General Services Administration per diem rate for lodging and meals (M&IE total) in Concord, Contra Costa County, which is updated on a yearly basis. Per diem payments for meals shall be on a per tenant basis. Per diem payments for lodging shall be on a per-covered dwelling unit basis assuming a household size of four. e. Rent due. For temporary relocation assistance where the landlord is providing comparable or superior temporary housing or making a per diem payment, the tenant shall continue to pay the lawful rent to the landlord for the covered rental unit.
f. Refund of security deposit. A landlord shall not be required to refund to the tenant any security deposit paid by the tenant in connection with a temporary relocation. g. The phrase “comparable or superior” when used in connection with a dwelling unit or temporary housing shall mean a dwelling unit or temporary housing that is similar in size or larger, has the same number of bedrooms or additional bedrooms, is located in the city, has similar amenities as the covered rental unit, such as parking, laundry facilities or exercise facilities, allows pets if the displaced tenant has a pet, and as to a disabled tenant, is disability accessible and ADA compliant. The tenant, in the tenant’s reasonable discretion, may waive any of these factors in deciding whether the dwelling unit or temporary housing offered is comparable or superior.
(4) Notwithstanding anything in this chapter to the contrary, no protected tenant relocation assistance pursuant to Section 19.40.080(a)(2)b moving stipend pursuant to Section 19.40.080(a)(2)e, or temporary relocation

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Concord City CouncilMarch 25, 2025

Concord City Council
March 25, 2025