Cities Index.
Agenda packet

Concord City Council
April 14, 2026

Document
Agenda packet
Meeting
April 14, 2026
Body
Concord City Council
Pages
94
Original file
28.6 MB
Text extracted from the city's file for reading and search. Open the original on stream2.ci.concord.ca.us. That file is the official record.

Application

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Submit Date: Oct 15, 2025
First Name Last Name
Email Address
Street Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
City of Concord
Profile

HOME ADDRESS
Number of years at above address:
6 Number of years in Concord:
6 Number of years in the county:
6 Number of years at employer:

Employer Address
Which Boards would you like to apply for?
Measure V Oversight Committee: Submitted
Camilla Simon
Vituity Project Manager Project Manager
Camilla Simon

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Upload a Resume
Question applies to multiple boards
Considering your experience and activities in business, labor, professional, social, or other organizations, indicate the experience, technical training, and/or skills which qualify you for an appointment:

My professional background in project management has strengthened my ability to analyze complex information, collaborate with diverse stakeholders, and maintain focus on long-term goals. These skills align well with the committee’s oversight responsibilities. In addition, as a recent graduate of the Concord Academy, I am eager to continue learning and to serve my community in a meaningful way.

Question applies to Measure V Oversight Committee
Why do you believe the Council should appoint you to the Measure V Oversight Committee?
I believe the Council should appoint me because I bring a combination of professional experience, local insight, and a strong commitment to public accountability. Having lived in Concord for six years, I understand the needs and priorities of our community and want to ensure that Measure V funds are used in ways that truly benefit residents. By appointing me, the Council would gain a dedicated resident who is both professionally skilled and personally invested in ensuring that Concord’s resources are managed responsibly and for the good of all.

Education and Training
High School
Roncalli High School, Manitowoc, Wisconsin
College
University of Wisconsin-Parkside, Kenosha, Wisconsin Keller Graduate School of Management, Chicago, IL
Technicial/Vocational Training
Certification or Other
Certified Career Coach, Certified Career Development Facilitator Camilla Simon

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Camilla Simon
Educatio
n
Master’s in Human Resources
Management, 2016 Keller Graduate
School of Management; Chicago, IL
Bachelor of Arts in Communication,
2010 Designation in Civic Honors
Lambda Pi Eta, Communication Honor
Society University of Wisconsin-Parkside;
Kenosha, WI
Experience
Project Manager March 2023 – Present
MedAmerica Inc., DBA Vituity
 Leads cross-functional projects from initiation through delivery while also driving the development and continuous improvement of organizational project management standards and methodologies
 Manages project artifacts, timelines, risks, stakeholder communications, and resources to ensure successful outcomes aligned with strategic objectives  Oversees processes, best practices, and governance standards Recruiter August 2021– May 2023 MedAmerica Inc., DBA Vituity
 Oversaw full-cycle recruitment for Emergency Medicine in CA, AZ, NV, ND  Implemented consultative recruitment practices to understand candidates’ personal drivers and interest in
position
 Maintained strong relationships with senior level-leadership including Vice Presidents, to stay abreast of new needs and policies
 Executed annual sourcing strategy and tailors accordingly for specific positions  Leveraged referrals, networks with professional organizations, and performs research appropriately
 Coordinated high-touch candidate experience from the application stage to offer Product Analyst July 2020 –January 2021
MedAmerica Inc., DBA Vituity
 Championed the needs of the Partners, business teams, and stakeholders by supporting the Vituity Resource
Planning Application’s initial development
 Assisted with all phases of product development, including preparing artifacts, managing communication, and addressing questions between business and engineering
Recruiter, Contingent Staffing December 2018 –August 2021 MedAmerica Inc., DBA Vituity
 Oversaw full-cycle recruitment of the premiere Travel Program for three practice lines:

Emergency Medicine, Hospital Medicine, Anesthesia
 Maintained third-party relationships with locum agencies  Supported new contract start-ups, existing practices, and hiring managers with short- term staffing needs for both clinical and corporate populations  Leveraged cross-functional relationships with Benefits, People Ops, and Payroll T eam Leads to communicate policies, processes, and updates effectively  Owned T eams Channel with Medical Directors, Regional Directors and VP’s to collaborate on short term
recruitment needs

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Talent Acquisition Specialist June 2016- December 2018 MedAmerica Inc., DBA Vituity
 Interviewed scribe applicants, verified references, and presented candidates to multiple leadership teams
 Determined strategy for recruiting and sourcing strategies, including advertisements and coordinated job postings with the sourcing team
 Sponsored conferences and strategic recruitment events throughout the United States and established partnerships with local universities  Executed offers between hospitals and Vituity using Salesforce  Managed internal immigration policies and procedures in compliance with best practices  Developed processes, tools, and training to ensure effective recruitment strategy for foreign nationals
 Coordinated compensation assessments with Finance to confirm foreign national pay  Partnered with the Payroll, Finance, Human Resources, Legal, and benefits team to ensure the success of recruitment of foreign nationals
Senior Admissions Recruiter
December 2013-June 2016
DeVry University, Oakland Campus
 Recruited and evaluated applicants and consulted Directors via phone and in-person interviews
 Advised student applicants via phone and campus interviews to help them find the correct program that aligns with their career and educational goals  Lead Employee Engagement T eam for the Bay Area Metro  Navigated prospective students through the Admissions process via full-cycle recruitment  Facilitated campus events to help strategically promote undergraduate and graduate program
Operations Support Coordinator December 2010- December 2013
DeVry University, Milwaukee Campus
 Supported colleagues with scheduling appointments, performing data entry, and creating documents and reports in Microsoft Office
 Managed a $25,000 budget for annual company events
 Preserved accurate bookkeeping by managing purchase order requisitions  Served as administrator, alongside the Campus President, for the campus budget  Developed policies in alignment with the Standard Operating Procedures  Designed and delivered workshops for Career Services
 Chaired 2012 & 2013 Graduation Committee and planned New Student Orientation every eight weeks
 Ensured accurate bookkeeping of student records through Salesforce.com, Image Now, Right Now
 Executed campus customer service satisfaction through Net Promoter scores  Served as Chair of the Employee Engagement Committee
Community-Based Scholarship Associate December 2008- December 2010 Community Based Scholarship and Non-profit Development Office, University of Wisconsin-Parkside
 Served as a liaison between community partners and faculty  Maintained faculty and partner databases for over 300 community-based partnerships (SPSS and Microsoft Access)
 Compiled annual and semester reports relating to community-based learning  Coordinated special workshops and development activities for non-profit community leaders
Certifications Certified Recruiter, 2018
The Recruiter Academy, Lean Human Capitol
Memberships
Project Management Institute

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San Francisco Bay Area Project Management Institute

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Application

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Submit Date: Nov 09, 2025
First Name Last Name
Email Address
Street Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
City of Concord
Profile

HOME ADDRESS
Number of years at above address:

2.33 Number of years in Concord:
9 Number of years in the county:
9 Number of years at employer:

Employer Address
Which Boards would you like to apply for?
Measure V Oversight Committee: Submitted
Cammila Valerio
Bednarczyk & Valerio, LLP Managing Partner Family Law Attorney Cammila Valerio

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Upload a Resume
Question applies to multiple boards
Considering your experience and activities in business, labor, professional, social, or other organizations, indicate the experience, technical training, and/or skills which qualify you for an appointment:

In addition to my work as the Managing Partner for Bednarczyk & Valerio, LLP, I also have experience as a member of the Diversity, Equity and Inclusion Committee with the Contra Costa County Bar Association and as a committee member/board member of the Judicial Appointments Evaluation Committee for the Alameda County Bar Association. I am aware of the significant commitment it takes to be a volunteer committee member. I have years of experience volunteering with committees and I believe I would be consistently described as one of the most involved and reliable committee members for both committees I've been a member of. While I do some family law litigation, the majority of my individual practice is focused on mediation, either as the mediator or as a consulting counsel in a mediation case.

As a certified mediator, I have substantial experience listening to conflicting concerns and problem-solving, a skill that I believe would likely lend itself well in this capacity.

Question applies to Measure V Oversight Committee
Why do you believe the Council should appoint you to the Measure V Oversight Committee?
In addition to my skills and experience, I'm genuinely excited at the prospect of participating in local governance in any way I can, if not for the Measure V Oversight Committee, then other opportunities.

Education and Training
High School
Shadow Ridge High School (Las Vegas, NV)
College
UC Santa Cruz (BA Psychology)
Technicial/Vocational Training
University of San Francisco, School of Law (Juris Doctor) Certification or Other
Certified Mediator
Cammila Valerio

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Application

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Submit Date: Feb 19, 2026
First Name Last Name
Email Address
Street Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
City of Concord
Profile

HOME ADDRESS
Number of years at above address:

8.5 Number of years in Concord:

8.5 Number of years in the county:

8.5 Number of years at employer:

Employer Address
Which Boards would you like to apply for?
Measure V Oversight Committee: Submitted
Rishi Basu
Cabrillo Coastal
Associate, Vice President -
Technology Innovation
Vice President -
Technology
Rishi Basu

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Question applies to multiple boards
If you are applying for more than one board, commission or committee please list your selections in priority order below. This will help the interviewing Council Committee know your preference when interviewing.

Question applies to Measure V Oversight Committee
Please identify the type of position for which you are applying: * Resident Position
Question applies to multiple boards
Are you available for evening meetings?
Yes No
Would you like to be contacted about future Board, Committee, or Commission recruitments?
Yes No
Interests and Experience
Question applies to multiple boards
Please state your reason for applying, including qualifications for this position:

I bring over 10 years of senior leadership experience managing large-scale budgets and high-impact initiatives. Throughout my career, I have been responsible for strategic planning, complex project execution, and leading cross-functional teams in dynamic, high- pressure environments. My expertise spans corporate strategy, end-to-end project management, and people leadership. I regularly operate in roles that require decisive judgment, balancing risk, financial impact, and long-term organizational goals. Making difficult, high-stakes decisions is a core part of my daily responsibilities. While I am a technology expert, I am fundamentally an engineer by trade. This foundation allows me to combine analytical rigor with practical execution. I specialize in Tier 1, high-consequence decisions that carry significant financial and operational impact, ensuring that technical strategy aligns directly with business outcomes.

Rishi Basu

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Question applies to multiple boards
Considering your experience and activities in business, labor, professional, social, or other organizations, indicate the experience, technical training, and/or skills which qualify you for an appointment:

My leadership journey began early and has consistently accelerated throughout my career.

In college, I served as President of three major student organizations: the Indian Student Association, the Multicultural Council, and the Computer Science Society. Leading these diverse groups simultaneously required strategic planning, financial oversight, cross-cultural collaboration, and large-scale event execution. Managing multiple executive boards strengthened my ability to align diverse stakeholders, resolve conflict, and drive measurable outcomes. That trajectory continued professionally. I became the youngest Principal Engineer at my previous company an achievement that reflected not only technical excellence, but also my capacity to make high impact architectural decisions, mentor senior engineers, and take ownership of mission-critical initiatives. I was trusted with Tier 1 decisions carrying significant financial and operational implications, consistently delivering results on time and under budget. Today, as AVP Technology I oversee three major organizations within the business. In this capacity, I am a leader of leaders i am responsible for developing senior managers, aligning multiple teams under a unified strategy, and ensuring disciplined execution across functions. My role requires daily high-stakes decision making, stewardship of large budgets, and balancing long-term strategic priorities with immediate operational demands. As an engineer by trade and a technology leader by experience, I combine analytical rigor with strategic leadership. Across every stage from student leadership to executive leadership. I have demonstrated the ability to step into complex environments, make difficult decisions with confidence, build high-performing teams, and deliver sustained, measurable impact.

Question applies to Measure V Oversight Committee
Why do you believe the Council should appoint you to the Measure V Oversight Committee?
I have a strong track record of delivering complex programs on time and under budget, without compromising quality or strategic objectives. My leadership style emphasizes kindness, accountability, data-driven decision-making, and building high performing teams capable of executing at scale.

Education and Training
High School
Evergreen Valley Highschool
College
Cal Poly - Computer Science/Business - BS NYU - Management of technology - MS Rishi Basu

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Upload a Resume
Technicial/Vocational Training
Certification or Other
TERMS OF ACCEPTANCE and SIGNATURE
Question applies to multiple boards
I, applicant for a City of Concord Board, Commission or Committee, warrant the truthfulness of the information provided in this application. I certify under penalty of perjury that I am a resident of the City of Concord and meet the eligibility requirements.

Please Agree with the Following Statement
I acknowledge that by submitting this application the information provided will be published as part of the public record, and that the City will make every effort to ensure personal contact information is redacted. I understand that checking this box constitutes a legal signature confirming that I acknowledge and agree to the above Terms and Acceptance.

I Agree *
Electronic Signature - Please type your First and Last Name Rishi Basu
Rishi Basu

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Application

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Submit Date: Nov 14, 2025
First Name Last Name
Email Address
Street Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
City of Concord
Profile

HOME ADDRESS
Number of years at above address:
22 Number of years in Concord:
26 Number of years in the county:
30 Number of years at employer:

Employer Address
Which Boards would you like to apply for?
Measure V Oversight Committee: Submitted
Brian Beckon
PathLight Law PC Principal Attorney
Brian Beckon

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Upload a Resume
Question applies to multiple boards
Considering your experience and activities in business, labor, professional, social, or other organizations, indicate the experience, technical training, and/or skills which qualify you for an appointment:

I am an attorney, with a particular focus on capital raising strategies that can democratize local economies and create wealth-building opportunities for everyone, regardless of their economic status. These strategies allow wealth to circulate locally and grow organically, and results in a stronger and more resilient local economy. So the perspective I bring to the Measure V Committee is rooted in the idea that we can all thrive more effectively when everyone has opportunities to participate in the economy on a level playing field, including as entrepreneurs or as investors.

Question applies to Measure V Oversight Committee
Why do you believe the Council should appoint you to the Measure V Oversight Committee?
I believe I should be appointed for another term on the Measure V Oversight Committee because I am committed to doing what I can to help Concord become a more inclusive, walkable, and people-friendly city, a center of entrepreneurial innovation, with a thriving arts culture and a growing tax base. I believe Concord can become THE city of opportunity in the Bay Area. With my background in law, finance and economic justice, I believe I have more to contribute to the Committee, to the City Council and to the City.

Education and Training
High School
Morrison Academy, Taichung, Taiwan
College
Messiah College, Grantham, Pennsylvania; University of the Pacific McGeorge School of Law, Sacramento, California
Technicial/Vocational Training
Certification or Other
Brian Beckon

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BRIAN J. BECKON

PROFESSIONAL EXPERIENCE
PathLight Law PC, Oakland, CA 2014 to Present
Principal
 Advise numerous clients on capital-raising strategies with a focus on community capital strategies (such as direct public offerings, investment crowdfunding, and community investment funds) that democratize and strengthen local economies.  Handle wide variety of other legal and compliance matters, with a focus on securities compliance and entity structuring for non-profit and for-profit organizations.  Write numerous blogs posts and articles; lead many workshops, presentations, and webinars.

Full Throttle Ventures, Walnut Creek, CA 2012 to 2014
General Counsel
 Established in-house legal function, handling legal affairs and reducing risk for this private incubator for start-ups in education, publishing, and crowdfunding.  Designed regulatory compliance strategy for a crowdfunding portal offering real estate- secured peer-to-peer lending to unaccredited investors; wrote detailed portal requirements.  Created a wide range of contracts, such as warrants, marketing and reseller agreements, joint venture and collaboration agreements, non-disclosure agreements, end-user licenses, and HR forms such as offer letters, consulting agreements and severance agreements.  Designed and implemented major entity restructuring initiative to manage risk and streamline regulatory compliance; created all documentation, including spin-offs, equity swaps, etc.

Brian Beckon, Attorney at Law, Concord, CA 2009 to 2014 In this boutique practice I served as a part-time General Counsel for early-stage companies including:
 Clean Power Finance (provider of SaaS tools and financing for solar installers) Handled all legal, compliance and employment matters; developed consulting agreements and other legal templates; researched regulatory requirements and handled filings. Drafted End- User License Agreement (EULA); reviewed and negotiated non-disclosure agreements, channel marketing agreements, and power purchase agreements (PPAs).  Dear Jane Inc. (a career advisory firm)
Providing general strategic guidance on all legal matters. Formed entity, drafted warrants and other stock-related compensation documents, and regularly advised on employment matters.  Arqius Ltd. (a start-up developing SaaS business intelligence solutions) Handled all legal and compliance matters. Wrote portions of business plan on regulatory compliance, compensation, and competitive strategy. Drafted Reg D offering documents.  PowerFULL Capital (peer-to-peer finance start-up preparing to launch a pilot)  Movilix (provider of financial services to under-served immigrant communities)  East Bay Community Foundation (one of California’s oldest grant-makers) LawRoom.com, Walnut Creek, CA 2010 to 2012
Attorney/Editor
 Built a library of online legal training covering a variety of legal topics for a global client base that includes Comcast, Lennar, V alero, Ipsen, V ocera, and many more.  Managed course publication process from idea to production; provided follow-up support.

RSF Social Finance (Rudolf Steiner Foundation), San Francisco, CA 2003 to 2009 Director of Legal and Compliance

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 Created in-house legal function and managed all legal and compliance matters, regularly counseling management and governing board.
 Documented approximately 100 loans totaling $100 million, including deal negotiations and complex loan structuring advice.
 Designed and implemented $60 million offering of investment notes and completed securities requirements in 30 targeted states.
 Established operating affiliates, handling all documentation, regulatory compliance, governance and corporate secretarial functions.
 Developed in-house human resources function and handled all HR matters, including interviewing, hiring at all levels, and highly sensitive terminations.

LawRoom.com, Walnut Creek, CA 2001 to 2003
Attorney/Editor
 Created library of transactional forms and practice materials.  Developed employee stock option plan and related agreements.

Sybase, Inc., Emeryville, CA 2000 to 2001
Corporate Counsel
 Negotiated software license, reseller and OEM agreements worldwide.  Handled legal aspects of $300 million acquisition.
 Drafted annual report; prepared or reviewed all ‘34 Act securities filings, including Section 16 statements, 8-Ks, 10-Qs, 10-K, proxy statement and others.

Catellus Development Corporation, San Francisco, CA 1998 to 2000 Senior Counsel/Director of Legal Services
 Brought securities work in-house, preparing all ‘34 Act filings (proxy, 10-Ks, 10-Qs, 8-Ks, Section 16, etc.) that were previously handled by an outside firm.  Served as corporate secretary for Catellus and 40 subsidiaries, managed flow of information to board, regularly attending board and governance committee meetings, advising on governance matters; maintained minute books and records for all affiliates.

Prior Experience:
 Legal Editor with Bancroft Whitney (now Thomson Reuters), San Francisco, CA  Associate Attorney with Gaw, Van Male, Smith & Myers (now Gaw V an Male), Napa, CA

EDUCATION AND BAR
Member, California Bar
J.D., University of the Pacific McGeorge School of Law, Sacramento, CA

VOLUNTEER WORK
 National Coalition of Community Capital: Board member, member of various committees  Neto Community Network: Board member, Finance Committee chair  Mount Diablo Music Education Foundation: Board member from 2010 to 2019  Grid Alternatives, Oakland, CA: Installed solar power systems for low-income housing

SELECTED PUBLICATIONS
 Co-author, Community Investment Funds: A How-To Guide for Building Local Wealth, Equity, and Justice (https://www.nc3now.org/wp-
content/uploads/2025/08/NC3_CIFHandbook.pdf)
 “Community Investment Funds: Five Models That Keep It Simple” (https://pathlightlaw.com/community-investment-funds-five-models/)

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 “Community Investment Funds: A Change is Gonna Come”
(https://pathlightlaw.com/community-investment-funds-a-change-is-gonna-come/)  “SEC Lowers More Barriers to Community Capital” (https://pathlightlaw.com/sec-lowers- more-barriers-to-community-capital/)

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Staff Report
Date: April 14, 2026
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kit P. Jory Sr., Director of Public Works
Prepared by: Ken Yee, Facilities Maintenance Manager
[email protected]
(925) 671-3025
Subject: Considering approval of a land lease with Future Ford for the City-owned parcel located at 1270 Diamond Way between Clayton Road West and Franquette Avenue, in the City of Concord, County of Contra Costa, State of California, known as Assessor Parcel #127-240-016 for a monthly rent of $6,600 plus five percent (5%) annual adjustment for the initial term of five years plus and including two extension options of five years each, for a total of fifteen years.

CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(2), 15061(b)(3), 15378, 15301, and/or 15327.

Report in Brief
Future Ford of the Future Automotive Group has been leasing the city-owned parcel located at 1270 Diamond Way for its vehicle parking and storage uses since 1988. The current land lease agreement expired on December 31, 2025. The City and Future Ford are mutually interested in entering into a new land lease agreement and continuing its current use of the property.

Recommended Action
Approve a new land lease agreement with Future Ford for the city-owned parcel located at 1270 Diamond Way between Clayton Road West and Franquette Avenue, in the City of Concord, County of Contra Costa, State of California, known as Assessor Parcel #127-240-016 for a monthly rent of $6,600 plus five percent (5%) annual adjustment for

5.k5.k5.k5.k

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City Council Agenda Report
Agenda Item No. 5.k
April 14, 2026
the initial term of five years plus and including two extension options of five years each, for a total of fifteen years. Approve and authorize the City Manager to execute a land lease agreement with Future Ford, in a form acceptable to the City Attorney, and make the CEQA determinations as provided in this staff report.

Background
The City owns a 1.3-acre parcel located at 1270 Diamond Way. Available records indicate the property was acquired for right-of-way purposes prior to 1982. The site was subsequently fenced and paved in 1988, and it began being used for automotive storage by Sun Valley Ford. For the past 28 years, the site has been leased by Future Ford of the Future Automotive Group for vehicle storage. At the beginning of the year and upon the expiration of the original 28-year-old lease, Future Ford expressed interest in entering into a new land lease agreement with the City and continuing its vehicle parking and storage uses for the city-owned parcel located at 1270 Diamond Way.

Analysis
Staff conducted due diligence review to determine fair market value and appropriate market lease rates for the subject property. As part of this effort, the City retained TRI Commercial Real Estate Services to prepare a parking study specific to 1270 Diamond Way.

The study analyzed comparable parking facilities and market conditions within Concord and nearby submarkets. Findings indicate that parking supply in the immediate industrial and automotive areas is limited, with few properties offering excess capacity for fleet parking. Surveyed rates for comparable parking ranged from approximately $55 to $93.80 per stall per month, depending on location and facility type.

Based on this analysis, TRI Commercial identified $55 per stall per month as a conservative market-supported rate. Applying this rate to the subject property’s approximately 120 parking stalls results in an estimated monthly lease value of $6,600.

These findings support staff’s determination of fair market value and provide a data- driven basis for establishing a market-rate lease for continued parking use of the site.

Financial Impact
The proposed new land lease will create a revenue stream for the City in the next 15 years. The new lease includes a monthly rental of $6,600 plus five percent (5%) annual adjustment for the initial term of five years plus and including two extension options of five years each, for a total of fifteen years.

Environmental Determination
Pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections Pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(2), 15061(b)(3), and/or 15378, award of this contract is not subject to environmental review under the California Environmental Quality Act (“CEQA”) of

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City Council Agenda Report
Agenda Item No. 5.k
April 14, 2026
1970, as amended, as it will not result in a direct or reasonably foreseeable indirect physical change in the environment. In the alternative, this lease is considered categorically exempt from further environmental review pursuant to the California Environmental Quality Act (“CEQA”) per CEQA Guidelines Section 15301 – Existing Facilities, and/or 15327 – Leasing New Facilities. No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. This determination reflects the City’s independent judgment and analysis.

Public Contact
The City Council Agenda was posted.

Attachments

1. City Parcel GIS Maps

2. Future Ford Land Lease Agreement

3. Exhibit C to Lease: City Letter to Future Ford on Access/Driveway (4/2/2021)

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City Parcel GIS Maps
Figure 1 https://concordgis.ci.concord.ca.us/internalgis/ - Assessor Parcel #127-240-016 at 1270 Diamond Way.

Attachment 1

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Ground Lease Agreement – Future Ford of Concord
Ground Lease Agreement
between
City of Concord, a municipal agency
as Lessor
and
Future Ford of Concord LLC, a California Limited Liability Company as Lessee
For the lease of 1270 Diamond Way, Concord, CA 94520
January 1, 2026
Attachment 2

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BASIC LEASE INFORMATION
The following is a summary of basic lease information (the "Basic Lease Information").

Each item below shall be deemed to incorporate all of the terms in this Lease pertaining to such item. In the event of any conflict between the information in this Section and any more specific provision of this Lease, the more specific provision shall control.

Lease Reference Date: January 1, 2026
Lessor: City of Concord, CA, a municipal agency
Lessee: Future Ford of Concord LLC, a California
Limited Liability Company
Premises (Article 1): City-owned parcels located at 1270 Diamond Way between Clayton Road West and Franquette
Avenue, in the City of Concord, County of
Contra Costa, State of California, known as
Assessor Parcel #127-240-016 (access to
Diamond Way and frontage on Franquette
Avenue).

Rentable Area of Premises (Article 1): Approximately 1.295 acres, or 56,410 rentable square feet of land (paved lot).

Term (Article 2, Section 2.1): Lease Commencement Date: the Term of this Lease shall be for five (5) years commencing
January 1, 2026 and ending December 31, 2030
Tenant shall have two (2) 5-year renewal options
as set forth in Section 2.4.

Base Rent (Article 2, Section 2.2): $6,600 per month, or $79,200 per year, commencing on the Lease Commencement Date
Additional Charges (Article 4, Section 4.1): Lessee shall provide certain maintenance services for the Premises at its sole cost and
expense. This ground lease under which the
Lessee is responsible for services and utilities to
the Premises as set forth in Section 3.5
Permitted Uses (Article 3, Section 3.1): Lessee shall use and occupy the Premises as part of Lessee’s vehicle storage and parking lots only
Utilities and Services (Article 3, Section 3.5): Lessee shall maintain and pay for all water, heat, light, power, telephone, and any other utilities
supplied to the Premises at its own cost and
expense. Lessee is responsible for services and
utilities to the Premises as set forth in Section 3.5
Notice Address of Lessor and Lessee:
(Article 6, Section 6.2):

Rent payment and notice addresses

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Notice Address for Lessor:

And a copy to:

City of Concord
City Clerk
1950 Parkside Drive
Concord, CA 94519
City of Concord
Public Works Department – Contract
Administration
1455 Gasoline Alley
Concord, CA 94520
Notice Address for Lessee: Rick Boyd
Managing Partner
Future Ford of Concord LLC
Future Automotive Group – Bay Area
2285 Diamond Boulevard
Concord, CA 94520

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This Lease, dated April 14, 2026, is between the City of Concord, a municipal agency (“CITY” or “Lessor”) and Future Ford of Concord LLC, a California Limited Liability Company (hereinafter referred to as “Lessee”).

Lessor, in consideration of the rents and covenants herein to be paid, kept and performed by Lessee, and upon the condition that all thereof shall be fully paid, kept and performed by Lessee, hereby Leases to Lessee those premises as described herein.

ARTICLE 1. PREMISES
Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, for the term, at the rent, and upon the covenants and conditions hereinafter set forth, those City-owned parcels located at 1270 Diamond Way between Clayton Road West and Franquette Avenue, in the City of Concord, County of Contra Costa, State of California, known as Assessor Parcel #127-240-016 containing approximately 1.295 acres, or 56,410 rentable square feet of land (paved lot). The City owned parcel is depicted on "Exhibit A" attached hereto and made a part hereof, subject to easements and restrictions of record and subject to the restrictions and regulations of any and all federal, state, county or municipal authorities having jurisdiction and any amendments or additions thereto (the “Premises”).

ARTICLE 2. TERM AND RENT

2.1 Term
The term of this Lease shall be for five (5) years commencing January 1, 2026, the Lease Commencement Date, and ending on December 31, 2030, the Expiration Date, or such earlier date on which this Lease terminates pursuant to the provisions of this Lease.

Lessee shall have two (2) 5-year renewal options as set forth in Section 2.4.

2.2 Base Rent
Beginning on the Rent Commencement Date, the Lessee shall pay Landlord $6,600 per month, or $79,200 per year as the base net rent on or before the first day of each month beginning January 1, 2026. If the Lessee is delinquent in any monthly installment of Base Rent for more than 5 days, the Lessee shall pay Lessor on demand a late charge equal to five percent (5%) of such delinquent sum.

2.3 Adjustments in Base Rent
The Base Rent payable under Article 2, Section 2.2 shall be adjusted annually by five percent (5%). Payment schedule is depicted on "Exhibit B" attached hereto.

2.4 Two Renewal Options
Provided that as of the time of the giving of the First Extension Notice and the Commencement Date of the First Extension Term (defined as follows), (i) Future Ford of

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Concord LLC is the Lessee originally named herein, and (ii) no Event of Default exists or would exist but for the passage of time or the giving of notice, or both; then the Lessee shall have the right (the “First Extension Right”) to extend the Term for an additional term of five (5) years (such additional term is hereinafter called the “First Extension Term”) commencing on the day following the original scheduled expiration date of the Term (hereinafter referred to as the “Commencement Date of the First Extension Term”). Lessee shall give Lessor notice (hereinafter referred to as “First Extension Notice”) of its election to extend the term of the Term (subject to approval of such election by the Lessor, City Manager, and City Council) at least twelve (12) months and not more than eighteen (18) months, prior to the original scheduled expiration date of the Term.

Provided that as of the time of the giving of the Second Extension Notice and the Commencement Date of the Second Extension Term (defined as follows), (i) Future Ford of Concord LLC is the Lessee originally named herein, and (ii) no Event of Default exists or would exist but for the passage of time or the giving of notice, or both; then the Lessee shall have the right (the “Second Extension Right”) to extend the Term for an additional term of five (5) years (such additional term is hereinafter called the “Second Extension Term”) commencing on the day following the original scheduled expiration date of the First Extension Term (hereinafter referred to as the “Commencement Date of the Second Extension Term”). Lessee shall give Lessor notice (hereinafter referred to as “Second Extension Notice”) of its election to extend the term of the Term (subject to approval of such election by the Lessor and the City Manager) at least twelve (12) months and not more than eighteen (18) months, prior to the original scheduled expiration date of the First Extension Term.

ARTICLE 3. PERMITTED USE

3.1 Specified Use
Lessee shall use and occupy the Premises as part of Lessee’s vehicle storage and parking lots only in connection with Lessee’s normal and usual vehicle sales and service operations.

No other uses are permitted or allowed without the City’s advanced written approval.

3.2 Condition of Premises
Tenant has previously occupied the Premises. The Premises are being leased to Tenant in their current, existing, "as is" condition subject to all applicable building and zoning, municipal, county, state and federal laws, ordinances and regulations governing and regulating the use of the Premises, and accepts this Lease subject thereto. Tenant is familiar with the existing condition of the Building, Premises, and any improvements, and acknowledges that Landlord has made no express or implied representation or warranty regarding the condition of the improvements, Premises, Building, or any portion thereof or the suitability thereof for the permitted use, nor has Landlord agreed to undertake any modification, alteration or improvement to the Premises.. Tenant is familiar with the prior and existing condition of the Premises, and any improvements, that Tenant is solely

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responsible for any damage thereto dating back to Tenant’s initial occupancy thereof, reasonable wear and tear excepted.

3.3 Compliance with Law
Lessee shall not use the Premises or permit anything to be done in or about the Premises which constitutes a nuisance or waste or which will in any way conflict with any law, statute, zoning restriction, ordinance or governmental rule or regulation or requirements of duly constituted public authorities now in force or which may hereafter be in force insofar as Lessee is subject thereto. Commencement of any proceedings to prohibit Lessee's use of the Premises shall, at the option of the Lessor, be deemed a breach hereof.

3.4 Improvements
Lessee shall not make any initial improvements or alternations to said Premises until design and improvement plans are reviewed by City and written approval from City Manager or designee is received by Lessee. Subsequent improvements or alterations shall also require review and prior written approval by City Manager or designee. Unless directed other- wise in writing by Lessor, Lessee shall remove any additions or improvements within thirty (30) days of termination of the Lease and shall restore the Premises to their condition at the commencement of the Term.

3.5 Utilities
Lessee shall maintain and pay for all water, heat, light, power, telephone, and any other utilities supplied to the Premises at its own cost and expense. Lessor shall not be liable for any failure or interruption of any utility service furnished to the Premises, and no such failure or interruption shall entitle Lessee to any abatement in Rent or to terminate this Lease, unless such interruption is due to the negligence or willful misconduct of the Lessor.

3.6 Removal of Waste
Lessee shall, at its own expense, be responsible for the removal of all waste, water, trash and rubbish resulting from the maintenance or operation of said facility. Lessee shall supply its own means of trash removal and shall not in any way use City refuse containers.

3.7 Signs
Lessee shall not place, or permit to be placed on the Premises, any signs (other than “no trespassing” and “Future Automotive Group parking” signs), advertisements or notices, without Lessor's prior written consent.

3.8 Vending

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Lessee shall not conduct or permit the vending or sale of any goods or services upon the Premises.

3.9 Hazardous Materials
Lessee shall not use, create, store or allow any hazardous materials or waste on the Premises. Lessee shall be responsible for and bear the entire cost of removal and disposal of hazardous materials or waste, including any spills or leaks of oil, gasoline, or contaminants, introduced to the Premises by Lessee during Lessee's period of possession of the Premises. Lessee shall also be responsible for any cleanup and decontamination on or off the premises necessitated by such material or waste introduced to the Premises by Lessee during Lessee's period of possession of the Premises.

ARTICLE 4. MAINTENANCE AND REPAIRS

4.1 Lessee's Obligations
Lessee, at its own cost and expense, shall maintain the leased Premises, improvements and landscaping thereon, in good repair and in compliance with all requirements of law.

Lessee shall maintain existing fencing in good repair; remove graffiti, litter, debris, abandoned property, and trash, as required, including as provided in Section 3.6 (Removal of Waste); remove trespassers and homeless encampments; and perform seasonal weed abatement, pothole repairs, as required. Lessee expressly acknowledge that Lessee is responsible for the maintenance of the driveway portion used by neighboring owners and tenants, including as indicated in the letter from Guy Bjerke to Rick Boyd dated April 2, 2021, attached hereto and incorporated herein as Exhibit “C.” Upon commencement of the lease, Lessee shall designate in writing to Lessor a representative who shall be responsible for the day-to-day operation and level of maintenance, cleanliness and general order of the Premises.

4.2 Lessor's Rights
In the event Lessee fails to perform its obligations under this Article, Lessor shall give Lessee thirty (30) days written notice to do such acts as are reasonably required to so maintain the Premises. If Lessee fails to commence the work within the said thirty-day period or fails to diligently prosecute it to completion, Lessor shall have the right, but not the obligation, to do such acts and expend such funds at the expense of Lessee as are reasonably required to perform such work. Any amount so expended by Lessor shall be reimbursed and paid by Lessee promptly after demand. Lessor shall have no liability to Lessee for any damage, inconvenience or interference with the use of the Premises by Lessee as a result of performing such work.

4.3 Certified Access Specialist Inspection.

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As of the Effective Date, neither the Premises nor the Building have been inspected by a Certified Access Specialist.

4.4 Prevailing Wages
Tenant acknowledges and agrees that nay improvements, repairs, maintenance or alterations made by or on behalf of Tenant to the Premises, Building, or any portion thereof (“Improvement Work”), whether paid for in whole or part by Landlord or which are considered to have been paid for in whole or part by Landlord (e.g. which become Landlord’s property upon the expiration or other termination of this Lease), will constitute “[c]onstruction, alteration, demolition, installation, or repair work done under contract and paid for in whole or in part out of public funds…” California Labor Code Section 1720.

Accordingly, Tenant shall comply with applicable prevailing wage policies as set forth in the City of Concord Municipal Code, applicable California Labor Code requirements pertaining to “public works” (California Labor Code Section 1720 et seq., as amended from time to time and implementing regulations), the Davis-Bacon Act (sec. 1-7, 46 Stat. 1949, as amended; Pub. L. 74-403, 40 U.S.C. 3141-3148, as amended from time to time and implementing regulations), and all other applicable decisions, statutes, ordinances, resolutions, decrees, orders, writes, rules, or regulations of any federal, state, regional, county, local or other governmental agency, legislative body, court, authority, administrative agency, regulatory body, commission, joint powers agency or instrumentality (“Laws”) addressing the payment of prevailing wages in connection with any Improvement Work (collectively, “Prevailing Wage Laws”). Tenant shall require the general contractor for any Improvement Work to submit, upon request by Landlord, certified copies of payroll records to Landlord and to maintain and make records available to Landlord and its designees for inspection and copying to ensure compliance with Prevailing Wage Laws. Tenant shall also include in its general contractor agreement, and in all of its subleases and other contracts, a provision in a form acceptable to Landlord which obligates the general contractor and others as applicable (a) to comply with, and to require that their respective subtenants, contractors and/or subcontractors comply with, Prevailing Wage Laws, and (b) upon require by Landlord to submit certified copies of payroll records to Landlord and to maintain and make such payroll records available to Landlord and its designees for inspection and copying, during regular City business hours, at the Premises or at another location within the City of Concord. Tenant shall defend, indemnify and hold harmless Landlord and its officers, officials, employees, volunteers, agents and representatives (collectively, “Indemnitees”) from and against any and all present and future actions, causes of action, claims, cross-claims, disputes, demands, damages (including special and consequential damages), losses, fines, taxes, costs, loss of service, expenses, liabilities, obligations, attorneys’ fees, and debts of whatever kind, character, or nature, in law, equity, contract or tort, or otherwise (“Claims”), arising out of or in any way connected with Tenant’s obligation to comply with all Laws with respect to any Improvement Work and/or Prevailing Wage Laws, including all Claims that may be made by contractors, subcontractors, or other third party claimants pursuant to Labor Code Section 1726. Tenant hereby waives, releases and discharges forever the Indemnitees from any and all present future Claims arising out of or in any way connected with Tenant’s obligation to comply with all Laws with respect to the Improvement Work and Prevailing

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Wage Laws. By waiving, releasing, and forever discharging Claims both known and unknown which are related to or which arise under or in connection with the items set out above, Tenant expressly waives any rights under California Civil Code section 1542, which provides:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
The obligations of Tenant under this Section shall survive the expiration or other termination of the Lease. Tenant shall ensure that its contracts with any contractor(s) contain substantially similar waivers and releases from such contractor(s) in favor of Indemnitees.

4.5 Condition of Premises on Termination or Expiration of Lease Upon termination or expiration of the Lease, Lessee, at its sole cost, shall surrender the Premises to Lessor in good and sanitary order, condition and repair except for ordinary wear and tear, and free of subleases, liens, charges, restrictions or encumbrances and have restored the Premises to their condition at the commencement of the Term, subject to Article 3.2 and Article 3.4.

ARTICLE 5. INDEMNIFICATION

5.1 Waiver of Claims
Lessee shall assume all risk of damage to property and/or personal injury or death of any person in or about the Premises from any cause arising out of this Lease, except to the extent caused by Lessor’s gross negligence or willful misconduct. Lessee hereby waives all claims in respect thereof against Lessor except to the extent cause by Lessor’s gross negligence or willful misconduct. It is expressly agreed that Lessee rather than Lessor is wholly responsible for maintaining safe conditions on the Premises during the term of the Lease, and that Lessor’s non-provision of maintenance, police or safety services does not constitute negligence of any kind.

5.2 Agreement to Indemnify
Lessee shall defend, indemnify and hold the City, its directors, officers, agents and employees harmless from all claims, demands, suits, loss, damages, injury and liability (direct or indirect, including any and all costs and expenses in connection therewith) arising out of this Lease.

5.3 Agreement to Provide Defense

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Lessee agrees at its own cost, expense and risk to defend any and all claims, actions, suits or other legal proceedings brought or instituted against the City, its directors, officers, agents, and employees arising out of this Lease, and to pay and satisfy any resulting judgments.

ARTICLE 6. INSURANCE
At all times during the life of this Lease, or as may further be required by this Lease, Lessee at its own cost and expense shall provide the insurance specified by this Article.

6.1 Evidence Required
At or before execution of this Lease, Lessee shall provide Lessor with a certificate of insurance executed by an authorized representative of the insurer(s) evidencing that Lessee's insurance complies with this Article. The certificate shall reference the applicable lease agreement as title to which the certificate relates. The City shall be named as Additional Insured and the Certificate Holder. All City-required coverages and endorsements shall be included with and attached to the Certificate of Insurance.

6.2 Notice of Cancellation, Renewal, Reduction or Material Change in Coverage All policies shall be endorsed to provide ninety (90) days prior written notice of any cancellation, reduction or material change in coverage. For policies that extend beyond the coverage policy year, Lessee shall submit to the City's Manager of Insurance certification confirming the insurance has been renewed and continues in place. Notice shall be forwarded to:

Lessor:

City of Concord
City Clerk
1950 Parkside Drive
Concord, CA 94519
And a copy to:

City of Concord
Public Works Department – Contract Administration
1455 Gasoline Alley
Concord, CA 94520

6.3 Qualifying Insurers
All policies shall be issued by California admitted companies which hold a current policy holders alphabetic and financial size category rating of not less than A-7 according to Best's Insurance Reports.

6.4 Insurance Required of Lessee

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A. Commercial General Liability Insurance for bodily injury, personal injury and property damage which provides limits of not less than Two Million Dollars ($2,000,000) per occurrence and Four Million Dollars ($4,000,000) annual aggregate.

1. Coverage shall include:
a) Premises and Operations;
b) Products/Completed Operations;
c) Broad Form Property Damage;
d) Contractual liability;
e) Personal Injury liability; and
f) Cross-Liability and Severability of Interests.

2. Such insurance shall include the following endorsements, copies of which shall be provided:
a) Inclusion of the City, its officials, officers, representatives, agents and employees (individually and collectively, “City Parties”) as additional insured as respects to Lessee's operations in connection with this Lease, with no special limitations on the scope or protection afforded to any City Parties;
b) Primary and non-contributory. Insurance shall be primary 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.

B. Comprehensive Automobile Liability for bodily injury (including death) and property damage which provides coverage limits of at least One Million Dollars ($1,000,000) combined single limit per occurrence applicable to all owned, non- owned and hired vehicles. The provisions of Section 6.4.A.2, above, shall also apply to such insurance.

C. Workers' Compensation/Employer's Liability Insurance. Lessee covenants that it will insure itself against liability for Workers' Compensation pursuant to the provisions of California Labor Code §3700, et seq. Lessee shall, at all times, upon demand of the Landlord, furnish proof that Workers' Compensation Insurance is being maintained by it in force and effect in accordance with the California Labor Code. The Lessee shall also agree to waive all rights of subrogation against the Landlord, its officers, officials, agents, employees and volunteers for losses arising from work performed under this Agreement.

6.5 Special Provisions

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A. The foregoing requirements as to the types and limits of insurance coverage to be maintained by Lessee and any approval of said insurance by Lessor is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by Lessee pursuant to this Lease, including but not limited to the provisions concerning indemnification.

B. Lessor acknowledges that some insurance requirements contained in this article may be fulfilled by a funded self-insurance program of Lessee. However, this shall not in any way limit liabilities assumed by Lessee under this Lease. Any self- insurance program must be approved in writing by Lessor.

C. Should any of the work under this Lease be contracted, Lessee shall require each of its contractor or subcontractor of any tier to provide the aforementioned coverage, or Lessee may insure its contractor(s) under its own policy(s).

D. Lessor reserves the right to terminate the Lease in the event of material noncompliance with the insurance requirements of this article in its sole discretion.

ARTICLE 7. DEFAULT

7.1 Material Default
The occurrence of any of the following shall constitute a material default and breach of this Lease by Lessee.

A. Any failure by Lessee to maintain the subject property or the Premises or to pay rent, or any other monetary sums required to be paid hereunder.

B. The abandonment or vacation of these Premises by Lessee. Failure to occupy and operate the Premises for thirty (30) consecutive days shall be deemed an abandonment or vacation.

C. A failure by Lessee to observe and perform any other provision of this Lease to be observed or performed by Lessee, where such failure continues for thirty (30) days after written notice thereof by Lessor to Lessee; provided, however, that if the nature of such default is such that it cannot be reasonably cured within such thirty (30) day period, Lessee shall not be deemed to be in default if Lessee shall within such period commence such cure and thereafter diligently prosecute it to completion.

D. The making by Lessee of any general assignment or general arrangement for the benefit of creditors; the filing by or against Lessee of a petition to have Lessee adjudged bankrupt or of a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Lessee the same is dismissed within sixty (60) days; the appointment of a trustee or receiver to take possession of substantially all of Lessee's assets, where possession is not restored

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to Lessee within forty-five (45) days; or the attachment, execution or other judicial seizure of substantially all of Lessee's assets, where such seizure is not discharged within thirty (30) days.

7.2 Immediate Termination
In the event of any material default or breach by Lessee, Lessor may at any time thereafter, without limiting Lessor in the exercise of any right or remedy at law or in equity which Lessor may have by reason of such default or breach, immediately terminate this Lease.

7.3 Lessor's Remedies
In the event of any material default or breach by Lessee, Lessor may at any time thereafter, without limiting Lessor in the exercise of any right or remedy at law or in equity which Lessor may have by reason of such default or breach:

A. Maintain this Lease in full force and effect and recover the rent and other monetary charges as they become due, without terminating Lessee's right to possession, irrespective of whether Lessee shall have abandoned the Premises. In the event Lessor elects not to terminate the Lease, Lessor shall have the right to attempt to re-let the premises at such rent and upon such conditions and for such a term, and to do all acts necessary to maintain or preserve the premises as Lessor deems reasonable and necessary without being deemed to have elected to terminate the Lease, including removal of all persons and property from the premises; such property may be removed and stored in public warehouse or elsewhere at the cost of and for the account of Lessee. In the event any such re-letting concurs, this Lease shall terminate automatically upon the new Lessee taking possession of the Premises. Notwithstanding that Lessor fails to elect to terminate the Lease initially, Lessor at any time during the term of this Lease may elect to terminate this Lease by virtue of such previous default of Lessee.

B. Terminate Lessee's right to possession by any lawful means, in which case this Lease shall terminate and Lessee shall immediately surrender possession of the premises to Lessor. In such event Lessor shall be entitled to recover from Lessee all damages incurred by Lessor by reason of Lessee's default including without limitation thereto, the following:

1. the worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus

2. the worth at the time of award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that is proved could have been reasonably avoided; plus

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3. the worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of such rental loss that is proved could be reasonably avoided; plus

4. any other amount necessary to compensate Lessor for all the detriment proximately caused by Lessee's failure to perform his obligations under this Lease or which in the ordinary course of events would be likely to result therefrom; plus

5. at Lessor's election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by applicable State law.

Upon any such re-entry Lessor shall have the right to make any reasonable repairs, alterations or modification to the premises, which Lessor in its sole discretion deemed reasonable and necessary. As used in subparagraphs (i) and (ii), above, the "worth at the time of award" is computed by allowing interest at a rate equal to the Federal Reserve Bank discount rate per annum from the date of default. As used in subparagraph (iii), above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank at the time of award. The term "rent" as used in this Article shall be deemed to be and to mean rent to be paid pursuant to Article 2 and all other monetary sums required to be paid by Lessee pursuant to the terms of this Lease.

7.4 Lessor's Right to Cure Lessee's Default
At any time after Lessee is in default or material breach of this Lease, Lessor may cure such default or breach at Lessee's cost. Unless shorter notice is expressly provided for herein, Lessor shall give Lessee thirty (30) days written notice prior to curing such default or material breach at Lessee's cost. If Lessor at any time, by reason of such default or breach, pays any sum of does any act that requires the payment of any sum, the sum paid by Lessor shall be due immediately from Lessee to Lessor at the time the sum is paid.

ARTICLE 8. ASSIGNMENTS, SUBLEASES AND ENCUMBRANCES

8.1 Assignments and Subleases
Lessee shall not assign, transfer or sublease its interest in this Lease or in the premises without first obtaining Lessor's prior written consent which shall be granted or withheld in Lessor’s sole discretion. Lessor's consent to any assignment, sublease or encumbrance shall not constitute a waiver of any of the terms, covenants or conditions of the Lease, which shall apply to each and every assignment or sublease of this Lease. Lessor's consent to one assignment or subletting shall not be construed as a consent to any other assignment or subletting. Despite consent of Lessor to assignment or sublease, Lessee shall remain liable for any cause of action arising out of the subsequent lease. Lessee's failure to obtain Lessor's required prior written approval of any assignment or sublease shall render such assignment or sublease void.

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8.2 Encumbrances
Lessee shall not encumber the leased Premises in any manner whatsoever.

Lessee shall keep the Premises and the property in which the Premises are situated free from any liens arising out of any work performed, material furnished, or obligations incurred by or for Lessee. Lessor shall have the right to post on the Premises any notices permitted or required by law or that are needed for the protection of Lessor and, the Premises, from mechanics’ and material suppliers’ liens. Lessee covenants and agrees that it will pay or cause to be paid all sums legally due and payable by it on account of any labor performed or materials furnished in connection with any work performed on the Premises and that it will save and hold Lessor harmless from all loss, cost or expense based on or arising out of such asserted claims or liens against the leasehold estate or against the interest of Lessor in the Premises or under this Lease.

ARTICLE 9. ADDITIONAL PROVISIONS

9.1 Termination for Convenience
Either party to this Lease may at any time during the term hereof terminate the Lease by giving written notice at least ninety (90) days prior to the date when such termination shall become effective. In the event of such termination, any unearned rental paid by Lessee shall be returned to Lessee.

9.2 Quiet Enjoyment
Lessor hereby agrees that Lessee, upon paying rent and other monetary sums due under the Lease and performing all obligations required to be performed herein, shall during the term of the Lease quietly hold and enjoy the Premises without hindrance from Lessor.

9.3 Right of Re-entry
A. General
Lessor shall have the right to enter the Premises at reasonable hours and, except in the event of an emergency, on reasonable prior notice to (1) inspect the Premises; (2) exhibit the Premises to prospective purchasers, lenders, or tenants; (3) determine whether lessee is complying with all obligations under this Lease, including but not limited to the right to take samples of substances and materials present for testing should there be a concern that hazardous materials have been placed on the Premises; (4) perform testing or other investigatory work, including, but not limited to, excavating around pier footings, surveying and potholing. Re-entry by Lessor shall be done as promptly as reasonable possible and with as little interference to Lessee as reasonably possible.

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B. Waiver of Claims
Lessee waives any damage claims for inconvenience or interference with Lessee’s business or loss of occupancy or quiet enjoyment of the Premises caused by Lessor’s entry pursuant to this Article 9.3. Entry to the Premises by Lessor in an emergency shall not be construed as forcible or unlawful entry, a detained, or an actual or constructive eviction of Lessee.

9.4 Holding Over
Should the Lessee hold over in possession of the Premises after the expiration of the Term with Lessor’s consent, such holding over shall not be deemed to extend the Term or renew this Lease, but such tenancy thereafter shall continue as a month-to-month tenancy. Such tenancy shall be on all the terms and conditions set forth in this Lease and at the monthly Base Rent in effect during the last month of the Term of this Lease or such other rental as Lessor and Lessee may mutually agree in writing as a condition to Lessor’s consent to such holding over, and Lessee shall continue as a month-to-month tenant until the tenancy shall be terminated by Lessor giving Lessee or Lessee giving Lessor at least thirty (30) days’ prior written notice of termination. Should the Lessee hold over without Lessor’s consent, the rent payable by Lessee during the period of such holding over shall be one hundred ten percent (110%) of the monthly Base Rent in effect during the last month of the Term of this Lease, and such tenancy shall otherwise be on the terms and conditions contained herein.

9.5 Non-Discrimination
Lessee for itself, its representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that (1) no person on the grounds of race, color, religion or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of the leased Premises and (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, religion or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination. In the event of breach of the above non-discrimination covenants, Lessor shall have the right to terminate the Lease pursuant to Article 7.2.

9.6 Relocation
Lessee understands and agrees that this tenancy is of a temporary nature, and that no relocation payment will be sought or provided in any form as a consequence of this tenancy.

9.7 Condemnation
A. Eminent Domain. If any of the Premises shall be taken by eminent domain and a part thereof remains which is susceptible of occupation for the Specified Use

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hereunder, this Lease shall, as to the part taken, terminate as of the date title shall vest in the Condemnor, and the rent payable hereunder shall be adjusted so that Lessee shall be required to pay for the remainder of the term only such proportion of such rent as the value of the part remaining after condemnation bears to the value of the entire premises at the date of condemnation; but in such event Lessor may terminate this Lease as of the date when title to the part so taken vests in the Condemnor. If all of the Premises of such part taken thereof be so taken so that there does not remain a portion susceptible of occupation for the Specified Use hereunder, this Lease shall thereupon terminate. If a part of all the Premises be so taken, all compensation awarded upon such taking shall go to Lessor, and Lessee hereby assigns to Lessor any right to compensation or damages to which Lessee may be entitled by reason of any such taking.

B. Destruction. If damages occur that causes a partial destruction of the Premises during the Term from any cause and repairs can be made within ninety days from the date of the damage under the applicable laws and regulations of governmental authorities, Landlord shall repair the damage promptly. Such partial destruction will not void this less, except that Tenant will be entitled to a proportional reduction in Rent while such repairs are being made, unless the condition requiring such repairs was caused by Tenant, or its employees, agents or contractors. The proportional reduction in Rent will be calculated by multiplying Rent by a fraction, the numerator of which is the number of square feet that are unusable by Tenant and the denominator of which is the total number of square feet in the Premises.

9.8 Notices
All notices and payments of rent shall be given to the Lessor in writing, personally or by USPS mail, addressed as follows:

Lessor:

City of Concord
Finance Department - Accounting
1950 Parkside Drive MS/06,
Concord, CA 94519
And a copy to (notices only):

City of Concord
Public Works Department – Contract Administration
1455 Gasoline Alley
Concord, CA 94520
All notices given by Lessor to Lessee shall be addressed as follows:

Lessee:

Rick Boyd
Managing Partner

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Future Ford of Concord LLC
Future Automotive Group – Bay Area
2285 Diamond Boulevard
Concord, CA 94520

9.9 Subordination of Prior Lease
This Lease terminates any prior or existing Lease, tenancy or permit between Lessor and Lessee with respect to the Premises leased hereby.

9.10 Tax
Lessee recognizes and understands in accepting this Lease that his interest therein may be subject to a possessory interest tax that the City or County may impose on such interest, and that such tax payment shall not reduce any rent due the Lessor hereunder, and any such tax shall be the liability of and be paid by the Lessee.

9.11 Entire Agreement; Construction; Modification; Time This Lease constitutes the entire agreement between the parties, and it may be amended only in writing signed by both parties. No obligations other than those set forth herein will be recognized. Neither party has relied on any promise or representation not contained in this lease. All previous conversations, negotiations, and understandings are of no further force or effect. This lease is not to be construed as if it had been prepared by one of the parties, but rather as if both parties have prepared it. This lease may be modified only by a writing signed by both parties. In fulfilling all terms and conditions of this lease, time is of the essence.

9.12 Severability
If any term or provision of this Lease shall be determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Lease shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law.

9.13 Cost of Suit
In the event that either Lessor or the Lessee fails to perform any of its obligations under this Lease or in the event a dispute arises concerning the meaning or interpretation of any provision of this Lease, the defaulting party or the non-prevailing party in such dispute, as the case may be, shall pay the prevailing party reasonable attorneys' and experts' fees and costs, and all court costs and other costs of action incurred by the prevailing party in connection with the prosecution or defense of such action and enforcing or establishing its rights hereunder (whether or not such action is prosecuted to a judgment). The term "attorneys' fees" shall also include, without limitation, all such fees incurred with respect to appeals, mediations, arbitrations, and bankruptcy proceedings, and whether or not any action is brought with respect to the matter for which such fees were incurred. The term

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"costs" shall mean the costs and expenses of counsel to the parties, which may include printing, duplicating and other expenses, air freight charges, hiring of experts, and fees billed for law clerks, paralegals, and others not admitted to the bar but performing services under the supervision of an attorney. If Lessor or Lessee shall bring an action for any relief against the other, declaratory or otherwise, arising out of this Lease, the losing party shall pay the successful party's reasonable attorneys' fees.

9.14 Governing Law
This Lease shall be governed by the laws of the State of California.

9.15 Waiver
No covenant, term or condition, or the breach thereof, shall be deemed waived, except by written consent of the party against whom the waiver is claimed. Any waiver shall not be deemed to be a waiver of any preceding or succeeding breach. Acceptance by Lessor of any performance by Lessee after the time the same shall have become due shall not constitute a waiver by Lessor of the breach or default of any covenant, term or condition unless otherwise expressly agreed to by Lessor in writing.

9.16 Binding Effect
Subject to any provisions herein as to assignment and subletting, the terms of this Lease shall bind and inure to the benefit of the parties hereto and their respective heirs, representatives, successors and assigns.

9.17 Counterparts
This Lease may be executed in counterparts, each of which shall be deemed an original, but all of which together shall be deemed to be one and the same agreement. A signed copy of this Lease may be delivered by email or other means of electronic transmission and shall be deemed to have the same legal effect as delivery of an original signed copy of this Lease.

9.18 Brokers
Tenant and Landlord each represents and warrants that it has had no dealings with any real estate broker or agent in connection with this Lease. Each party shall indemnify and hold harmless the other from and against all claims, demands, costs or liabilities (including, without limitation, attorneys’ fees) asserted by any party based upon dealings of said party with any real estate broker or agent in connection with this Lease. [Signature page follows.]

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

LESSEE: LESSOR:

By:_________________________________ By:___________________________ Rick Boyd, Managing Partner Valerie J. Barone, City Manager

FUTURE FORD OF CONCORD, LLC CITY OF CONCORD
DATE:______________________________ DATE:________________________ APPROVED AS TO FORM: ATTEST:

By:_________________________________ By:___________________________ Susanne Brown Joelle Fockler MMC
City Attorney City Clerk
DATE:______________________________ DATE:________________________

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EXHIBIT A
City Parcel Maps
Figure 1 City Parcels: 127-240-016
1270 Diamond Way, Concord, CA 94520

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EXHIBIT B
Rent Payment Schedule
Y ear Period Monthly Annual Adjustment
1 J anuary 1, 2026 - December 31, 20266,600$ 79,200$ Base 2 J anuary 1, 2026 - December 31, 20276,930$ 83,160$ 5% 3 J anuary 1, 2026 - December 31, 20287,277$ 87,318$ 5% 4 J anuary 1, 2026 - December 31, 20297,640$ 91,684$ 5% 5 J anuary 1, 2026 - December 31, 20308,022$ 96,268$ 5% 6 J anuary 1, 2026 - December 31, 20318,423$ 101,081$ 5% 7 J anuary 1, 2026 - December 31, 20328,845$ 106,136$ 5% 8 J anuary 1, 2026 - December 31, 20339,287$ 111,442$ 5% 9 J anuary 1, 2026 - December 31, 20349,751$ 117,014$ 5% 10 J anuary 1, 2026 - December 31, 203510,239$ 122,865$ 5% 11 J anuary 1, 2026 - December 31, 203610,751$ 129,008$ 5% 12 J anuary 1, 2026 - December 31, 203711,288$ 135,459$ 5% 13 J anuary 1, 2026 - December 31, 203811,853$ 142,232$ 5% 14 J anuary 1, 2026 - December 31, 203912,445$ 149,343$ 5% 15 J anuary 1, 2026 - December 31, 204013,068$ 156,811$ 5% Future Ford Lease Payment Schedule

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Cm Council
1'jn, Mayor
Iayor
Edi E. Birsan
Laura M. HoLfinelsier
ngci'
Balti Barsotti, Citr Treasurer
e.!. Barone, (:¡ty Manager
Cm' or Concord
BarLside Drive

4.Ϊ19-2578
ConcordTelephone:

April 2, 2021
Rick Boyd
General Manager
Future Ford Hyundai of Concord
2285 Diamond Blvd.

Concord, CA 94520
Re: Maintenance of access/driveway at 1270 Diamond Way
Dear Mr. Boyd:

This is the City of Concord’s formal request that you repair the access/driveway of the property you lease from the City at 1270 Diamond Way as required under Section 7 of the lease agreement.

Our Public Works department staff have inspected the access/driveway and determined there are several potholes and wear that need to be addressed soon before they require even greater maintenance efforts.

I understand that Future Ford believes the damage is being created by a neighboring property owner whose vehicles are using the access/driveway without Future Ford’s permission. Tliat is a matter Fuhrre Ford sliould discuss with the neigh'boring property owner in order to prevent further damage.

The City hopes Future Ford can make the necessaty repairs to the access/drlveway in the next 30 days. Please let me know when the repairs are scheduled and contact me if you have any questions.
^1у;
(Λ
GuyBjerke^
Director, Economic Development & Base Reuse
City of Concord
[email protected]
(925) 890-7803-mobile
cc: Susanne Brown, City Attorney
Justin Ezell, Director, Public Works
loebsile: www.cityofcoiicor d.org
Attachment 3

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Staff Report
Date: April 14, 2026
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Mindy Gentry, Director of Community Development Sophia Huckabay, Housing Manager
Prepared by: Eli Kaplan, Housing Program Analyst
[email protected]
(925) 603-5827
Subject: Considering adoption of a Resolution pursuant to the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA) and the Internal Revenue Code of 1986 approving the issuance of the California Municipal Finance Authority multifamily housing revenue bonds in an aggregate principal amount not to exceed $23,000,000 for the purpose of the acquisition, rehabilitation, improvement, and equipping of La Vista Apartments, an
existing 75-unit affordable multifamily rental housing project located at 3838 Clayton Road, Concord, California, and certain other matters relating thereto.

CEQA: Not a project/exempt pursuant to CEQA Guidelines
Sections 15060(c), 15061(b)(3), 15273, 15378 and/or Public Resources Code Section 21065.

Report in Brief
La Vista Apartments is an existing 75-unit multifamily housing project located at 3838 Clayton Road that is affordable to households earning 30-60% of Area Median Income (AMI) (Attachment 2), with a mix of one-, two-, and three-bedroom apartments.

La Vista Apartments LP recently purchased the housing project from Related Companies. As the new owner, La Vista Apartments LP was recently awarded state bond financing utilizing the conduit bond issuer, the California Municipal Finance

5.l5.l5.l

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City Council Agenda Report
Agenda Item No. 5.l
April 14, 2026
Authority (“CMFA”), and awarded their resyndication of tax credit financing through the Low-Income Housing Tax Credit (LIHTC) program. The bond financing will assist with the rehabilitation of La Vista Apartments, which was last rehabilitated about 20 years ago in 2007, and reimburse La Vista Apartments LP for the cost of the acquisition. Use of the bond financing and LIHTC program will maintain La Vista Apartments as affordable housing for another 55 years.

Pursuant to the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA) and the Internal Revenue Code of 1986, the City is requested to approve the issuance of CMFA multifamily housing revenue bonds in an aggregate principal amount not to exceed $23,000,000 for the purpose of the acquisition, rehabilitation, improvement, and equipping of La Vista Apartments.

Recommended Action
Adopt a Resolution (Attachment 1) pursuant to the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA) and the Internal Revenue Code of 1986 approving the issuance of the California Municipal Finance Authority multifamily housing revenue bonds in an aggregate principal amount not to exceed $23,000,000 for the purpose of the acquisition, rehabilitation, improvement, and equipping of La Vista Apartments, an existing 75-unit affordable multifamily rental housing project located at 3838 Clayton Road, and certain other matters relating thereto, and make the CEQA determinations as provided in this report.

Background
La Vista Apartments, located at 3838 Clayton Road, is an existing affordable multifamily residential community that provides rental housing opportunities to extremely low-, very low-, and low-income households. Half of the units are restricted to households earning 30% or less of AMI, and the other half are restricted to households earning 60% or less of AMI (Attachment 2). The units are subsidized through the LIHTC program as well as a project-based Section 8 contract with the United States Department of Housing and Urban Development (HUD).

The complex consists of 74 affordable rental units and one unrestricted manager's unit.

The development contains 30 one-bedroom units, 30 two-bedroom units, and 15 three- bedroom units across 10 two- and three-story buildings. Community amenities include a business center, community room, central laundry facilities, a playground, and on-site management.

La Vista Apartments was built in 1982 and last underwent a comprehensive rehabilitation in 2007, utilizing financing through the LIHTC program and state tax- exempt bonds. The affordability restrictions stemming from this financing expire in 2062.

The recent LIHTC resyndication extends the affordability of La Vista Apartments for 55 years until 2081, or 19 years longer than the affordability restrictions under the financing from 2007.

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City Council Agenda Report
Agenda Item No. 5.l
April 14, 2026
La Vista Apartments receives additional subsidy through a Section 8 contract with HUD, which enables LIHTC projects to provide deeper levels of affordability. The current Section 8 contract term ends in 2033. The City of Concord does not provide any funding directly to La Vista Apartments.

Analysis
La Vista Apartments LP was recently awarded resyndication of tax credit financing with additional state tax-exempt bonds for the purpose of the acquisition, rehabilitation, improvement, and equipping of La Vista Apartments.

Resyndication of Tax Credits
Resyndication allows a developer to secure a new allocation of LIHTCs, essentially extending the property's commitment to affordable housing and facilitating property rehabilitation. The resyndication process leads to a new 55-year extended-use affordability agreement.

California Tax-Exempt Bond Financing
The California Debt Limit Allocation Committee (CDLAC) administers the State’s tax- exempt bond financing program which allows developers to compete for a bond allocation to help support both new construction and the rehabilitation of affordable housing. Federal law provides that the tax-exempt bonds can be used in conjunction with receiving 4% affordable housing tax credits through LIHTC. The bond program is extremely competitive, and a bond allocation is difficult to secure.

For all or a portion of the bonds to qualify as tax-exempt bonds, the City must conduct a public hearing ( “TEFRA Hearing”) providing members of the public an opportunity to comment on the use of tax-exempt bonds for the financing of the project. Prior to a TEFRA Hearing, reasonable notice must be provided to the members of the public. As part of the TEFRA Hearing, Council must provide its decision on whether to approve issuance of the bonds.

Bond Issuer and Development Team
CMFA, which will serve as the conduit municipal bond issuer, is a joint powers authority and public entity of the State of California created in 2004 to promote economic, cultural, and community development. CMFA was formed to assist local governments, non-profit organizations, and businesses with the issuance of taxable and tax-exempt bonds aimed at improving the standard of living in California. To date, over 350 municipalities, including the City of Concord, have become members of the CMFA, resulting in the financing of over 500 affordable multifamily projects statewide.

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City Council Agenda Report
Agenda Item No. 5.l
April 14, 2026
The development team includes:
• Owner/Borrower: La Vista Apartments LP (the "Borrower") is a California limited partnership formed by Lincoln Avenue Capital LLC and is the Borrower on the project.
• Developer: Lincoln Avenue Capital LLC was founded in 2016 and is a developer of affordable housing nationwide. Their company brings together a range of experience inside the affordable housing industry and across the business, government, and nonprofit sectors. Their portfolio of affordable housing properties includes 170 developments with over 30,000 units across 28 states. • Resident Services: Pacific Housing, Inc. is a California non-profit public benefit corporation and is the managing general partner for the development team.

Pacific Housing, Inc. will provide resident services. They have over 25 years’ experience working with property managers, community resources, and resident groups to create service programs across 170 affordable housing properties. • Property Management: Cornerstone Management (“Cornerstone”) will manage La Vista Apartments. Cornerstone has been involved in the management of apartment complexes since 1984. Cornerstone currently manages more than 215 apartment communities comprising a total of approximately 21,000 units throughout 18 states.

Rehabilitation
The total estimated bond issuance is not to exceed $23,000,000, which includes a contingency reserve. The bond financing will assist with the rehabilitation of La Vista Apartments. The bond proceeds and tax credits will effectively reimburse La Vista Apartments LP for the cost of the acquisition and allow La Vista Apartments to remain as affordable housing for another 55 years. The rehabilitation includes:
• Substantial accessibility upgrades to units, common areas, and project exterior • Reconfiguration of community room
• Architecture & engineering costs
• Developer fees
• Soft costs and contingency reserve
• Post rehabilitation interest and reserves
The project is anticipated to take 11 months to complete, with construction expected to begin in May 2026 and conclude in April 2027.

Alternatives
Alternatively, Council could choose not to approve and adopt the Resolution approving

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City Council Agenda Report
Agenda Item No. 5.l
April 14, 2026
the issuance of the bonds by CMFA for the benefit of La Vista Apartments LP to finance the rehabilitation. However, the operation of La Vista Apartments as an affordable housing project could be jeopardized, as the City’s support is required for CMFA to issue the bonds. If CMFA does not issue the bonds, the financial transaction required to rehabilitate the property and extend its affordability term would not be possible at this time.

Financial Impact
This action has no fiscal impact to the City. The bonds to be issued by CMFA for the project will be the sole responsibility of the Borrower and the City will have no financial, legal, moral obligation, liability, or responsibility for the project or the repayment of the bonds. All financing documents with respect to the issuance of the bonds will contain clear disclaimers that the bonds are not obligations of the City or the State of California but are to be paid for solely from funds provided by the Borrower.

Exclusive of making a decision whether to authorize the release of the bonds associated with the project, no other participation of the City or Council with respect to the issuance of the bonds will be required. Additionally, CMFA shares a portion of its issuance fees directly with its member communities. It is expected that a portion of the issuance fee in the amount of approximately $13,000 will be granted by CMFA to the City. These funds may be used for any lawful purpose of the City and would be placed in the General Fund.

As an existing affordable housing development, La Vista Apartments is already exempted from paying property taxes by the State Board of Equalization and the Contra Costa County Assessor’s Office. The approval of this bond issuance does not affect the tax-exemption status. La Vista Apartments does not receive any funding directly from the City of Concord.

Environmental Determination
Pursuant to the California Environmental Quality Act (CEQA) of 1970, Public Resources Code Section 21000, et. seq., as amended and implementing State CEQA Guidelines, Title 14, Chapter 3 of the California Code of Regulations (collectively “CEQA”), Council’s support of the County bond issuance does not constitute a “project” within the meaning of Public Resources Code Section 21065, 14 Cal Code Regs. Sections 15060(c) and 15378, as it has no potential for resulting in a direct or reasonably foreseeable indirect physical change in the environment. Even if Council action on this item did constitute a project under CEQA, it falls within the “common sense” exemption set forth in 14 Cal. Code Regs. Section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment” and is statutorily exempt pursuant to 14 Cal. Code Regs. Section 15273 as the activity consists of the creation of government funding mechanisms or other government fiscal activities which to not constitute a “project”.

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City Council Agenda Report
Agenda Item No. 5.l
April 14, 2026
Public Contact
The City Council Agenda was posted. Notice of the Public Hearing was posted in accordance with Public Hearing notification procedures. Notice of Public Hearing was published in the East Bay Times newspaper on April 3, 2026, which satisfies the minimum notification time required for this action.

Attachments

1. TEFRA Resolution- La Vista Apartments

2. 2025 HCD Income Limits

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Res No. 26-XX 1

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Pursuant to the Tax Equity and Fiscal
Responsibility Act of 1982 (TEFRA) and the Internal
Revenue Code of 1986 Approving the Issuance of the
California Municipal Finance Authority Multifamily
Housing Revenue Bonds in an Aggregate Principal
Amount Not to Exceed $23,000,000 for the Purpose of
the Acquisition, Rehabilitation, Improvement, and
Equipping of La Vista Apartments, an Existing 75-
unit Affordable Multifamily Rental Housing Project
Located at 3838 Clayton Road, Concord, California,
and Certain Other Matters Relating Thereto Resolution No. 26-XX /
WHEREAS, La Vista Apartments LP ("Borrower") a partnership of which Lincoln Avenue Capital LLC (the "Developer") or a related person to the Developer is the general partner, has requested that the California Municipal Finance Authority (the "Authority") adopt a plan of financing providing for the issuance of exempt facility bonds for a qualified residential rental project pursuant to Section 142(a)(7) of the Internal Revenue Code of 1986 ("Code") in one or more series issued from time to time, including bonds issued to refund such exempt facility bonds in one or more series from time to time, and at no time to exceed $23,000,000 in aggregate principal amount ("Bonds"), to finance or refinance the acquisition, rehabilitation, improvement and equipping of a multifamily rental housing project located at 3838 Clayton Road, Concord, California ("Project"); and WHEREAS, pursuant to Section 147(f) of the Code, the issuance of the Bonds by the Authority must be approved by the City of Concord ("City") because the Project is located within the territorial limits of the City; and
WHEREAS, the City Council of the City is the elected legislative body of the City and is one of the "applicable elected representatives" required to approve the issuance of the Bonds under Section 147(f) of the Code; and
WHEREAS, the Authority has requested that the City Council approve the issuance of the Bonds by the Authority in order to satisfy the public approval requirement of Section 147(f) of the Code and the requirements of Section 4 of the Joint Exercise of Powers Agreement Relating to the Attachment 1

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Res No. 26-XX 2
California Municipal Finance Authority, dated as of January 1, 2004 ("Agreement"), among certain local agencies, including the City; and
WHEREAS, pursuant to Section 147(f) of the Code, the City Council has, following duly given notice, held a public hearing regarding the issuance of the Bonds, and now desires to approve the issuance of the Bonds by the Authority; and WHEREAS, it is in the public interest and for the public benefit that the City Council approve the issuance of the Bonds by the Authority for the aforesaid purposes.

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

Section 1. The foregoing recitals are true and correct.

Section 2. California Environmental Quality Act. Pursuant to the California Environmental Quality Act (CEQA) of 1970, Public Resources Code Section 21000, et. seq., as amended and implementing State CEQA Guidelines, Title 14, Chapter 3 of the California Code of Regulations (collectively “CEQA”), Council’s support of the County bond issuance does not constitute a “project” within the meaning of Public Resources Code Section 21065, 14 Cal Code Regs. Sections 15060(c) and 15378, as it has no potential for resulting in a direct or reasonably foreseeable indirect physical change in the environment. Even if Council action on this item did constitute a project under CEQA, it falls within the “common sense” exemption set forth in 14 Cal. Code Regs. Section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment” and is statutorily exempt pursuant to 14 Cal. Code Regs. Section 15273 as the activity consists of the creation of government funding mechanisms or other government fiscal activities which to not constitute a “project”.

Section 3. The City Council hereby approves the issuance of the Bonds by the Authority. It is the purpose and intent of the City Council that this resolution constitute approval of the issuance of the Bonds by the Authority, for the purposes of (a) Section 147(f) of the Code by the applicable elected representative of the governmental unit having jurisdiction over the area in which the Project is located, in accordance with said Section 147(f) and (b) Section 4 of the Agreement.

Section 4. The issuance of the Bonds shall be subject to the approval of the Authority of all

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Res No. 26-XX 3
financing documents relating thereto to which the Authority is a party. The City shall have no responsibility or liability whatsoever with respect to the Bonds.

Section 5. The adoption of this Resolution shall not obligate the City or any department thereof to (i) provide any financing to acquire or construct the Project or any refinancing of the Project; (ii) approve any application or request for or take any other action in connection with any planning approval, permit or other action necessary for the acquisition, construction, rehabilitation, installation or operation of the Project; (iii) make any contribution or advance any funds whatsoever to the Authority; or (iv) take any further action with respect to the Authority or its membership therein.

Section 6. The officers of the City are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents which they deem necessary or advisable in order to carry out, give effect to and comply with the terms and intent of this resolution and the financing transaction approved hereby.

Section 7. This resolution shall become effective immediately upon its passage and adoption.

PASSED AND ADOPTED by the City Council of the City of Concord on April 14, 2026, by the following vote:

AYES: Councilmembers -
NOES: Councilmembers -
ABSTAIN: Councilmembers -
ABSENT: Councilmembers -
I HEREBY CERTIFY that the foregoing Resolution No. 26-XX was duly and regularly adopted at a regular meeting of the City Council of the City of Concord on April 14, 2026.

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney

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30% AMI 50% AMI 60% AMI 70% AMI 80% AMI 100% AMI 110% AMI 120% AMI Extremely Low Very Low Lower Low Low Median Moderate Moderate 1 Person $33,600 $55,950 $67,140 $78,330 $87,550 $111,850 $123,035 $134,250 2 Persons $38,400 $63,950 $76,740 $89,530 $100,050 $127,850 $140,635 $153,400 3 Persons $43,200 $71,950 $86,340 $100,730 $112,550 $143,800 $158,180 $172,600 4 Persons $47,950 $79,900 $95,880 $111,860 $125,050 $159,800 $175,780 $191,750 5 Persons $51,800 $86,300 $103,560 $120,820 $135,100 $172,600 $189,860 $207,100 6 Persons $55,650 $92,700 $111,240 $129,780 $145,100 $185,350 $203,885 $222,450 7 Persons $59,500 $99,100 $118,920 $138,740 $155,100 $198,150 $217,965 $237,750 8 Persons $63,300 $105,500 $126,600 $147,700 $165,100 $210,950 $232,045 $235,100 Income Calculations: This information is based on amounts provided by HUD and CA Dept. of Housing and Community Development Department (HCD). It is updated annually in the spring. 60% = 1.2 x 50% AMI. 70% = 1.4 x 50% AMI. 110% = 1.1 x 100% AMI. HUD/HCD provides 30%, 50%, 80%, 100% and 120% AMI.

Maximum Income Limits (2025)*
City of Concord
*Based on Area Median Income (AMI) in the Oakland Metropolitan Statistical Area Some affordable housing units are restricted based on income. The table below shows income limits for 2025 (effective April 23, 2025).

Household Size
Attachment 2

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March 24, 2026

The Honorable Mark DeSaulnier
2134 Rayburn House Office Building
Washington, DC 20515

RE: Support for East Bay Regional Park District South of Bailey Road – Community Development Project – Phase 2

Dear Representative DeSaulnier,

On behalf of the Concord City Council, I am writing to express our strong support of the East Bay Regional Park District’s request for $2,000,000 for the South of Bailey Road Community Development Project - Phase 2.

This important initiative, located within Thurgood Marshall Regional Park – Home of the Port Chicago 50, represents a significant step toward revitalizing former military land and increasing public access to one of the East Bay’s most notable historical and natural landmarks. Phase 2 of the South of Bailey Road Community Development Project will support targeted infrastructure investments at Thurgood Marshall Regional Park – Home of the Port Chicago 50, focused on expanding site accessibility while advancing economic impact.

Specifically, this funding will support the development of a dedicated bus staging and drop-off area designed to accommodate regional transit agencies and tour groups, significantly increasing access for school field trips, heritage tourism, and organized visitors seeking to learn about the legacy of the Port Chicago Disaster and the Port Chicago Mutiny Trial. In addition, the removal of aging rail infrastructure and its replacement with accessible, multi-use pathways will improve safety and create inclusive, multigenerational access throughout the site.

The South of Bailey Road Community Development Project will have a lasting and positive impact on the region by creating new opportunities for outdoor activities, conservation education, and historical interpretation. The profound history of the site will effectuate visitation making a destination for many and contributing to the local economy. A recent analysis concluded that for every one dollar invested in an East Bay Regional Park, four dollars are returned to the local economy. We fully support this initiative and believe it will bring substantial long-term economic and health benefits to both the local community and the broader East Bay region.

Thank you for your time and consideration. We strongly encourage your support for this important project.

Sincerely,

Laura M. Nakamura
Mayor, City of Concord

cc: Concord City Council
Valerie Barone, City Manager
Justin Ezell, Assistant City Manager
Joelle Fockler, City Clerk
Colleen Awad, Community Relations Manager

6.a

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6.b

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