AMENDED AGENDA - City of Concord

City Council Meeting Agenda

04-03-2018 ANNOTATED AGENDA.PDF

Supporting Documents

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http://ca-concord.civicplus.com/de725f1a-a3fa-4d37-a46b-82d747140800

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COUNCILMEMBERS Edi E. Birsan, Mayor Carlyn S. Obringer, Vice Mayor Laura M. Hoffmeister Ronald E. Leone Timothy A. McGallian

Civic Center 1950 Parkside Drive Concord, CA 94519

www.cityofconcord.org

ANNOTATED AGENDA Regular Meeting of the

Concord City Council/Continued Special Meeting of the City Council Sitting as the Local Reuse

Authority/Planning Commission/Design

Review Board

Tuesday, April 3, 2018

6:30 p.m. - Open Session

Council Chamber 1950 Parkside Drive

Information for the public on participation at Council meetings can be found on the back of the Speaker Identification Card located near the Council Chamber entrance. Should you have any questions after consulting the Speaker Identification Card, please contact the City Clerk prior to the Council meeting.

AGENDIZED ITEMS – The public is entitled to address the City Council on items appearing on the agenda before or during the City Council’s consideration of that item. Each speaker will be limited to approximately three minutes. 1. OPENING Roll Call – Councilmember McGallian absent Pledge to the Flag – Councilmember Hoffmeister 2. PUBLIC COMMENT PERIOD

This is a fifteen minute Public Comment Period for items within the City Council’s subject matter jurisdiction that are not on this agenda. Each speaker will be limited to approximately three minutes. State law prohibits the City Council from acting at this meeting on any matter raised during the Public Comment Period. Hope Johnson, Concord, reminded the Council and public of the Navy Restoration Advisory Board (RAB) meeting on April 11, 6:00 p.m. at the Clyde Clubhouse; and

AMENDED AGENDA

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spoke of the March 27, Council meeting and public comment regarding rent increases. Vivian Boyd and Gail Van Tassell, Concord Historical Society, spoke of new program, Concord History Camp for third and fourth graders taking place June 26-28, at Concord Heritage Center, for more information: www.concordhistorical.org. George Fulmore, Concord, spoke about amplified music in the parks, district elections, and Ellis Lake Park. Natalie, spoke of Transgender Day and Autism Day and the difficulties associated with being in the two categories.

3. PRESENTATIONS

a. Presentation – to Jessie Gregory, Teamsters Local 315, commending him for his heroic actions in rescuing a Concord resident on December 12, 2017. Presentation by Mayor Birsan. ACTION: Presentation made.

b. Presentation – to Ricardo Simental, Monument Corridor Anti-Drug & Alcohol

Coalition, proclaiming April 2018 as "Alcohol Awareness Month" in the City of Concord. Presentation by Mayor Birsan. ACTION: Presentation made.

c. Presentation – to Vittoria Abbate, Director of Adult Education, Mt. Diablo

Unified School District, proclaiming April 9 - 13, 2018 as "Adult Education Week" in the City of Concord. Presentation by Mayor Birsan. This item was removed from consideration.

4. ANNOUNCEMENTS – none. 5. CITY COUNCIL CONSENT CALENDAR

The public is entitled to address the City Council on items appearing on the Consent Calendar before or during the City Council’s consideration of the Consent Calendar. Adoption of the Consent Calendar may be made by one motion of the City Council, provided that any Councilmember, individual or organization may request removal of an item from the Consent Calendar for separate consideration. If a request for removal of an item from the Consent Calendar has been received, the Mayor may defer action on the particular item and place the same on the regular agenda for consideration in any order s/he deems appropriate.

a. Considering – approval of the minutes from the meeting of February 13, 2018.

Recommended by the City Clerk. ACTION: Minutes approved by the following vote of the Council:

http://www.concordhistorical.org/

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AYES: Hoffmeister, Leone, Obringer, Birsan NOES: None ABSENT: McGallian

b. Considering – approval of a Professional Services Agreement with Neko

Industries, Inc. in the amount of $13,950 for video streaming of certain public meetings; and authorizing the City Manager to execute the Agreement in a form acceptable to the City Attorney. Recommended by the City Clerk. ACTION: Professional Services Agreement with NEKO Industries, Inc. in the amount of $13,950 approved; City Manager authorized to execute the Agreement by the following vote of the Council: AYES: Hoffmeister, Leone, Obringer, Birsan NOES: None ABSENT: McGallian

c. Considering – approval of an Amendment for Professional Services

Agreement in the amount of $8,200 with Park Engineering for construction management services for Central Concord Pedestrian Improvement Streetscapes, Project No. 2239, authorizing the City Manager to execute the agreement, subject to the approval of the City Attorney; accepting improvements for Central Concord Pedestrian Improvement Streetscapes, Project No. 2239; and directing the City Clerk to file a Notice of Completion. Recommended by the Director of Community and Economic Development. ACTION: Amendment to Professional Services Agreement in the amount of $8,200 with Park Engineering approved; City Manager authorized to execute the Amendment; improvements for Central Concord Pedestrian Improvement Streetscapes, Project No. 2239, accepted; and City Clerk directed to file a Notice of Completion by the following vote of the Council: AYES: Hoffmeister, Leone, Obringer, Birsan NOES: None ABSENT: McGallian

d. Considering – rejection of all bids received for the Citywide Bridge Repair

Program - Group 2 Bridges (Project No. 2371); and directing staff to re-advertise the project for bids. (Funded by Bridge Preventative Maintenance Program and Measure J) Recommended by the Director of Community and Economic Development. ACTION: All bids received for the Citywide Bridge Repair Program – Group 2 Bridges, Project No. 2371, rejected; staff directed to re-adverise the project for bids by the following vote of the Council: AYES: Hoffmeister, Leone, Obringer, Birsan NOES: None ABSENT: McGallian

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e. Considering – an Exclusive Negotiating Agreement with Major Brand Gas of

Concord Inc. for a 4,960 square foot City owned parcel located at 1596 Concord Avenue; and authorizing the City Manager to execute the Agreement. Recommended by the Director of Community and Economic Development. CEQA: Not a “project” within the meaning of Public Resources Code Section 21065, 14 Cal Code Regs. Section 15060(c)(2), 15060(c)3, or 15378 because it has no potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment, and 15352 because no approval is being granted; even if a project under CEQA, exempt under 14 Cal. Code Regs. Sections 15061(b)(3), 15378(b)(4), and 15306. ACTION: Exclusive Negotiating Agreement with Major Brand Gas of Concord Inc. approved; City Manager authorized to execute the Agreement by the following vote of the Council: AYES: Hoffmeister, Leone, Obringer, Birsan NOES: None ABSENT: McGallian

The next item on the agenda was continued from the April 2, 2018, Special Meeting of the City Council Sitting as the Local Reuse Authority/Planning Commission/Design Review Board. In addition to the four Councilmembers present, Design Review Board Chair Jack Moore and Vice Chair Kirk Shelby were in attendance, David Litty and Ross Wells were absent. Planning Commissioners Dominic Aliano, John Mercurio, Mark Weinmann, Ray Barbour, and Jason Laub were absent. CITY COUNCIL/PLANNING COMMISSION/DESIGN REVIEW BOARD STUDY

SESSION The public is entitled to address the City Council/Planning Commission/Design Review on items appearing on the agenda before or during consideration of that item. Each speaker will be limited to approximately three minutes.

a. Study Session – providing: an overview of the Conservation, Open Space,

and Parks Plan and a discussion of community facilities for the Concord Reuse Project Specific Plan (continued from April 2, 2018). Report by Joan Ryan, Community Reuse Area Planner, Presentation by Eron Ashley, Hart Howerton. CEQA: This item seeks preliminary review and input on a component of the anticipated Concord Reuse Project Specific Plan, which will be analyzed by a second-tier environmental impact report. ACTION: Report heard; public testimony given; direction given.

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6. CORRESPONDENCE Correspondence received at the City Council meeting will be listed here on the Annotated Agenda.

a. Letter to State Assembly Quirk-Silva and Assembly Member Cervantes in

support of AB 2463 b. Concord Reuse Project Specific Plan PowerPoint Presentation dated April 2,

2018 c. Concord Reuse Project – Parks, Recreation and Open Space PowerPoint

Presentation dated April 2, 2018 d. Concord History Camp flier e. Written comments submitted by Planning Commission Vice Chair John

Mercurio 7. REPORTS AND ANNOUNCEMENTS

Closed Session Announcements – none

City Manager or Staff Reports – none

Council Reports – Councilmembers shared information on events and activities in which they had participated since the last meeting and commented on items of interest.

8. ADJOURNMENT – at 9:35 p.m. in honor of Martin Luther King Jr. Next Meeting: Regular Meeting Date: 4/10/2018 - 6:30 PM ADA NOTICE AND HEARING IMPAIRED PROVISIONS – The Council Chamber is equipped with a T-Coil Hearing Loop. This system allows “T” coil reception of the audio proceedings. Please switch your hearing aid or cochlear device to the “T”, “T” Coil or telephone position. If you would like better audio reception, a loop receiver that picks up the audio loop is available from the City Clerk. In accordance with the Americans with Disabilities Act and California Law, it is the policy of the City of Concord to offer its public programs, services and meetings in a manner that is readily accessible to everyone, including those with disabilities. If you are disabled and require a copy of a public hearing notice, or an agenda and/or agenda packet in an appropriate alternative format; or if you require other accommodation, please contact the ADA Coordinator at (925) 671-3031, at least five days in advance of the hearing. Advance notification within this guideline will enable the City to make reasonable arrangements to ensure accessibility.

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The following is a list of regular Council Committee meeting dates. Most meetings are held in the Garden Conference Room, 1950 Parkside Drive, Concord. NOTE: Meetings are subject to change or cancellation. For latest information and committee agendas please call 671-3158.

Committee

Chair/Member

Meeting Time

Policy Development & Internal Operations

Birsan/Obringer 2nd Wednesday at 5:30 p.m.

Housing & Economic Development Obringer/McGallian 4th Monday at 5:30 p.m.

Infrastructure & Franchise Hoffmeister/Leone 2nd Monday at 6:00 p.m.

Recreation, Cultural Affairs & Comm. Svc.

McGallian/Birsan 3rd Wednesday at 5:30 p.m.

Youth & Education Leone/Hoffmeister 3rd Monday at 6:00 p.m.

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REGULAR MEETING OF THECONCORD CITY COUNCILCITY COUNCIL CHAMBER1950 PARKSIDE DRIVECONCORD, CALIFORNIATUESDAY, FEBRUARY 13, 2018

The Concord City Council met in a regular meeting in the Council Chamber located at 1950 Parkside Drive at 6:00 p.m. on Tuesday, February 13, 2018, with Mayor Birsan presiding. The pledge of allegiance was led by Councilmember McGallian. Minutes follow in abbreviated form per Resolution 3361 and Council Minutes of September 26, 1966.

ROLL CALL

COUNCILMEMBERS PRESENT: Laura Hoffmeister, Ron Leone, Tim McGallian, Carlyn Obringer, Edi Birsan

STAFF PRESENT: Valerie Barone, City Manager; Susanne Brown, City Attorney; Patti Barsotti, City Treasurer; Joelle Fockler, City Clerk; Kathleen Trepa, Assistant City Manager; Guy Swanger, Chief of Police; Andrea Ouse, Director of Community and Economic Development; Jasmin Loi, Director of Human Resources; Justin Ezell, Director of Public Works; Steve Voorhies, Director of Parks and Recreation; Karan Reid, Director of Finance; Margaret Kotzebue; Senior Assistant City Attorney; Laura Simpson, Planning and Housing Manager; Donna Lee, Budget Officer; Chris Rhoades, Budget Analyst; Mario Camorongan, Senior Civil Engineer; Ali Hatefi, Associate Civil Engineer; Mark Migliore, Associate Civil Engineer; Leslye Asera, Community Relations Manager; Ryan Lenhardt, Senior Planner; Jessica Gonzalez, Assistant Planner; Jeff Krieger, Police Lieutenant

MEMBERS OF THE PUBLICWHO ADDRESSED THE COUNCIL: Lindy Lavender, CentralSan; Kenji Yamada, Concord;

Greg Colley, Concord; Laura Nakamura, Concord; Hope Johnson, Concord; Rose Lubbe, Pittsburg; Bryan Elizarraraz, Calvary Temple; George Fulmore, Concord; Wendy Hershey, Concord; Cora Mitchell, Concord; Ambika Ganapathy; Natalie; Steve Weir, Concord; Katrin Castro, Concord; Jesse Ledesma, Concord; Darlene Dranzik, Concord

PUBLIC COMMENT PERIOD

Lindy Lavender, Central Contra Costa Sanitary District (CentralSan), spoke about the CentralSan Academy, www.centralsan.org/academy.

Kenji Yamada, Concord, spoke in opposition of the decisions made at the February 6, 2018, meeting regarding district elections.

Greg Colley, Concord Communities Alliance, spoke in opposition of the decisions made at the February 6, 2018, meeting regarding district elections.

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http://www.centralsan.org/academy

http://www.centralsan.org/academy

City Council Minutes February 13, 2018

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Laura Nakamura, Concord Communities Alliance, spoke in opposition of the decisions made at the February 6, 2018, meeting regarding district elections and the inefficiency of the timeliness of the Council meetings being streamed on the website.

Hope Johnson, Concord, spoke in opposition of the decisions made at the February 6, 2018, meeting regarding district elections.

Rose Lubbe, Pittsburg, spoke about getting her car towed in Concord and the cost to retrieve her car.

Bryan Elizarraraz, Calvary Temple, spoke about Convoy of Hope, taking place on April 28, 2018, at Meadow Homes Park.

George Fulmore, Concord, spoke in support of the map selected on February 6, 2018, in support of including low income housing in the housing fund allocation, about the Resident Rent Review Panel not meeting, and suggested 1500 Monument should be called a cultural historic area.

Wendy Hershey, Concord, spoke to dangers involved with cannabis dispensaries.

Cora Mitchell, Concord, spoke about district elections and creating the maps as fairly as possible.

PRESENTATIONS

UPDATE ON POLICE DEPARTMENT ACTIVITIES

Mayor Birsan introduced Guy Swanger, Chief of Police, who presented the 2017 Year-End Report on Public Safety.

Following questions by the Council, Mayor Birsan opened a public comment period.

Ambika Ganapathy, spoke about the increased contact with the homeless.

Natalie, spoke about a report done by the United Nations about homeless issues and in opposition to license plate readers.

George Fulmore, Concord, asked to see more data on police activity at the parks.

Mayor Birsan closed the public comment period.

ANNOUNCEMENTS – none.

CITY COUNCIL CONSENT CALENDAR

QUARTERLY TREASURER’S REPORT – October 1 – December 31, 2017

Motion was made by Hoffmeister and seconded by Obringer to receive the Quarterly Treasurer’s Report for the period October 1 – December 31, 2017. Motion passed by unanimous vote of the Council.

BOULEVARD/DENKINGER ROAD INTERSECTION CAPACITY IMPROVEMENTS, Project No. 2144

Motion was made by Hoffmeister and seconded by Obringer to accept improvements for Clayton Road/Treat Boulevard/Denkinger Road Intersection Capacity Improvements, Project No.

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2144, and direct the City Clerk to file a Notice of Completion. Motion passed by unanimous vote of the Council.

PROFESSIONAL SERVICES AGREEMENT – Vavrinek, Trine, Day and Co., LLP

Motion was made by Hoffmeister and seconded by Obringer to approve a one year Professional Services agreement with Vavrinek, Trine, Day and Co., LLP, to complete the fiscal year 2017/2018 financial statement audits. Motion passed by unanimous vote of the Council.

AWARD OF CONTRACT, APPROVAL OF PROFESSIONAL SERVICES AGREEMENT, AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT – Downtown Sewer and Streetscape Improvements Phase IIB, Project 2404

Motion was made by Hoffmeister and seconded by Obringer to award a construction contract in the amount of $4,030,168.92 to Bay Pacific Pipelines, Inc. for the Downtown Sewer and Streetscape Improvement Phase IIB, Project No. 2404; authorize staff to utilize the available project contingency for contract change orders up to 10 percent of the contract amount; approve a Professional Services Agreement with CSG Consultants in the amount of $287,811.33 for construction management, inspection, and materials testing services; approve an Amendment to the Professional Services Agreement with Harris and Associates in the amount of $23,310 for additional design engineering services; authorize the Mayor to execute the contract and the City Manager to execute the Agreement and the Amendment, subject to the approval of the City Attorney; and approve a related budget transfer of $1,600,000 to Project No. 2404 ($900,000 from Fund 710 Sewer Operation Funds and $700,000 from Fund 225 PEG Fees). Motion passed by unanimous vote of the Council.

CONSTRUCTION CHANGE ORDER NO. 1 AND BUDGET TRANSFER – Willow Pass Park Restroom & Concession Facility Replacement – Field 1 Project, Project No. 2334

Motion was made by Hoffmeister and seconded by Obringer to approve Construction Change Order No. 1 in the amount of $11,060 for the Willow Pass Restroom & Concession Facility Replacement – Field 1 Project, Project 2334; authorize a budget transfer in the amount of $19,000 from Measure Q Capital Improvement Program Funds from the Ellis Lake Park Restroom Building Project (Fund 401), Project No. 2351, to the Willow Pass Park Restroom and Concession Facility Replacement – Field 1 [Utility Relocation Phase], Project No. 2334; and authorize staff to use project contingency funds for contract change orders within staff’s authority for the various project contracts: building procurement, utility relocation, and sitework. Motion passed by unanimous vote of the Council.

LETTER OF OPPOSITION – SB 287 (Weiner)

Motion was made by Hoffmeister and seconded by Obringer to approve a letter opposing SB 287 (Weiner) which would limit local control related to housing projects within half a mile of a transit station. Motion passed by unanimous vote of the Council.

RESOLUTION NO. 18-8 – Resolution of Local Support

This item was pulled from the Consent Calendar by Vice Mayor Obringer who pointed out benched correspondence from residents that live near Cowell Road.

Councilmember Hoffmeister spoke in support of the Resolution and asked that a community meeting be held as part of the project if the City received the grant.

Mayor Birsan opened a public comment period.

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Steve Weir, Concord, spoke on behalf of Peggy Winston, and said the community was ready to work together to make Cowell Road a safer corridor.


Motion was made by Hoffmeister and seconded by Obringer to adopt Resolution No. 18-8 entitled, “A Resolution Authorizing the Submittal of a Resolution of Local Support to the California Department of Transportation for Funding of Willow Pass Road/Cowell Road Complete Streets Feasibility Study Grant and Committing any Necessary Matching Funds and Stating Assurance to Complete the Project.” Motion passed by unanimous vote of the Council.

RESOLUTION NO. 18-15 – Downtown Police Field Office

This item was pulled from the Consent Calendar by Concord residents Hope Johnson and George Fulmore.

Hope Johnson, Concord, spoke of her email submitted on February 13, 2018, in opposition to the field office’s location and stated that there should be services for homeless.

George Fulmore, Concord, spoke of putting a police field office in the Monument area.


Natalie, stated that the office would be better suited for a community center.


Following questions by the Council, a motion was made by McGallian and seconded by Leone to adopt amended Resolution No. 18-15 entitled, “A Resolution Approving the Execution of a Lease for Office Space to House a Downtown Police Field Office.” Motion passed by unanimous vote of the Council.

CITY COUNCIL CONSIDERATION ITEMS

RESOLUTION NO. 18-14 – 2015 Lease Financing Documents

Director of Finance Karan Reid presented a report regarding the Lease Agreement dated March 1, 2015, by and between the Public Property Financing Corporation and the City of Concord, which was assigned to Bank of the West. She reported that the City had an opportunity to pay off a prior equipment lease; however, this requires amending the 2015 Bank of the West Agreement to substitute the property, a necessary administrative step to allow the City to refinance a lease under a separate resolution.

Mayor Birsan opened a public comment period, and upon receiving no public comment, closed the public comment period.

Motion was made by Hoffmeister and seconded by Obringer to adopt Resolution No. 18-14 entitled, “A Resolution Amending Certain 2015 Lease Financing Documents to Provide for the Substitution of the Property and Authorizing and Directing Certain Actions Relating Thereto.” Motion passed by unanimous vote of the Council.

RESOLUTION NO. 18-13 – Lease Financing Documents – Banc of America Public Capital Corporation

Director of Finance Karan Reid presented a report regarding the prepayment of that certain Equipment Lease/Purchase Agreement, dated as of April 1, 2011, by and between Banc

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of America Public Capital Corp. and the City of Concord. She reported by prepaying the Lease Purchase Agreement by entering into a new lease agreement with Opus Bank, the City will see an average annual savings of $32,085.


Motion was made by Hoffmeister and seconded by Obringer to adopt Resolution No. 18-13 entitled, “A Resolution Approving the Form and Authorizing the Execution of Certain Lease Financing Documents in Connection with the Prepayment of that Certain Equipment Lease/Purchase Agreement, dated as of April 1, 2011, by and between Banc of America Public Capital Corporation and the City of Concord, and Authorizing and Directing Certain Actions with Respect Thereto.” Motion passed by unanimous vote of the Council.

RESOLUTION NO. 18-17 – 2018 Wastewater Refunding Revenue Bonds

Director of Finance Karan Reid presented a report requesting authorization of the issuance and sale of 2018 Wastewater Refunding Revenue Bonds in an estimated aggregate principal amount of $9.0 million to refinance the 2007 Wastewater Certificates of Participation to take advantage of lower interest rates to reduce annual debt service payments in the Sewer Fund. She noted the average annual savings to the City would be $79,000.


Motion was made by Leone and seconded by McGallian to adopt Resolution No. 18-17 entitled, “A Resolution Authorizing the Issuance of City of Concord (Contra Costa County, California) 2018 Wastewater Refunding Revenue Bonds, Approving the Form and Authorizing Execution of an Indenture of Trust, an Escrow Agreement, a Bond Purchase Agreement, a Preliminary Official Statement, and a Continuing Disclosure Certificate, and Authorizing Actions Related Thereto.” Motion passed by unanimous vote of the Council.

Mayor Birsan called a recess at 8:20 p.m. The meeting resumed at 8:30 p.m.

APPOINTMENT OF APPLICANTS TO THE RESIDENTIAL REVIEW BOARD

City Clerk Joelle Fockler presented a report regarding the recent recruitment to fill the landlord member position and tenant alternate position on the Residential Rent Review Panel. She noted the positions were for four-year terms ending February 28, 2022, interviews were held by the Council Committee on Housing and Economic Development on Monday, January 29, 2018, and the current landlord alternate had requested to be considered for the primary member position.

Mayor Birsan opened a public comment period, upon receiving no public comment; he closed the public comment period.

Motion was made by Obringer and seconded by McGallian to appoint Elena Lieberman as the landlord of a multi-family complex member, Jason McClough as the landlord of a multi-family complex alternate, and Betty Gabaldon as the tenant of a multi-family complex alternate for four-year terms ending February 28, 2022. Motion passed by unanimous vote of the Council.

CITY COUNCIL PUBLIC HEARINGS

REVIEW OF ZONING ADMINISTRATOR ORDERS #17-10, #17-11, AND #17-14

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Senior Planner Ryan Lenhardt presented a report on the review of Zoning Administrator Order #17-10, which approved a new wireless communications facility within the public right-of-way adjacent to 1039 Oak Grove Road and review of Zoning Administrator Order #17-11, which approved a new wireless communications facility within the public right-of-way adjacent to 2039 Sierra Road, then Jessica Gonzalez gave a brief presentation on Zoning Administrator Order #17-14, which approved a new wireless communications facility within the public right-of-way adjacent to 1051 Oak Grove Road.

Following clarifying questions by the Council, Mayor Birsan opened a public comment period.

Katrin Castro, Concord, spoke in opposition to the minor use permits.

Jesse Ledesma, Concord, spoke in opposition to the cell tower being in front of his home and of his concern with the safety of what will radiate from the tower.

Darlene Dranzik, Concord, spoke of her concern with the health safety of the towers.

City Clerk Joelle Fockler read into the record comments from Concord resident Andrew Smith.


The Council asked staff and ExteNet additional clarifying questions regarding the design and placement of the wireless communications facilities.

Motion made by Obringer and seconded by Hoffmeister to continue the review of Zoning Administrator Order #17-10 for 1039 Oak Grove Road to the regular meeting of the City Council on March 20, 2018, and instruct the applicant to explore other design options or other pole locations. Motion passed by unanimous vote of the Council.

Motion made by Hoffmeister and seconded by McGallian to adopted Resolution No. 18-10 entitled, “A Resolution Upholding the Zoning Administrator’s Decision to Approve ExteNet Wireless Communications Facility Minor Use Permit (PL16490-MP),” amended as follows: “as amended” is added to each reference to Exhibit A; Exhibits B, C, D, and E will need to be updated to reflect the new design and the design is similar to, or better than the design shown on page 133 of the agenda item packet; in Exhibit A, Conditions of Approval, condition #2 is amended to require all exhibits listed in condition #2 be similarly updated, condition #11 will require the equipment be mounted to be consistent with the new plans and a condition is added to require a graffiti response within 48 hours as stated by applicant; and updated plans be subject to approval by the Planning Division. Motion passed by unanimous vote of the Council.

Motion made by Hoffmeister and seconded by Obringer to adopt Resolution No. 18-11 entitled, “A Resolution Upholding the Zoning Administrator’s Decision to Approve ExteNet Wireless Communications Facility Minor Use Permit (PL16493-MP),” amended as follows: “as amended” is added to each reference to Exhibit A; Exhibits B, C, D, and E will need to be updated to reflect the new design and the design is similar to, or better than the design shown on page 133 of the agenda item packet; in Exhibit A, Conditions of Approval, condition #2 is amended to require all exhibits listed in condition #2 be similarly updated, condition #11 will require the equipment be mounted to be consistent with the new plans and a condition is added to require a graffiti response within 48 hours as stated by applicant; and updated plans be subject to approval by the Planning Division. Motion passed by unanimous vote of the Council.

CITY COUNCIL CONSIDERATION ITEMS

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ACCEPTANCE OF FISCAL YEAR 2017-18 MID-YEAR REVIEW AND ADOPTION OF RESOLUTION NO. 18-19 – Amending the Fiscal Year 2017-18 Municipal Budget

Motion was made by McGallian and seconded by Leone to continue the item to the March 20, 2018, City Council meeting. Motion passed by unanimous vote of the Council.EXPENDITURE OF FUNDS – Body Worn Cameras, In Car Cameras, and Evidence.Com Storage Solution

Lieutenant Jeff Krieger presented a report, explaining that the Police Department has worked for over three years to develop a Body Worn Camera (BWC) and In Car Camera (ICC) program and Information Technology has identified additional infrastructure upgrades, new equipment and web based applications that need to be added to the City’s system to allow for effective data processing and management of the BWC and ICC system. Lieutenant Krieger noted that after vetting several vendors, Axon Enterprises was selected for their camera systems as well as digital evidence management solution and Verizon was selected due to their status as the City service provider and their superior cellular coverage.

Vice Mayor Obringer inquired about the timing of the report and why staff felt now was the time to proceed, if a system is in place to turn on the camera if the officer forgets, and if there are policies in place in other jurisdictions that protect citizens’ privacy. She asked about storage and privacy of the records.

Councilmember Leone inquired about the quality of the camera at night and if the camera records before the officer turns the camera on.

Councilmember Hoffmeister asked about cameras operating for other officers in the same radius, and asked if the cellphone stipend would end for the officers that get a City issued cell phone.

Councilmember McGallian asked about upgrades in the future.

Mayor Birsan asked about the sole source justification and spoke to privacy of the data.


Kenji Yamada, Concord, commented that the policy should be posted for the public to review and suggested content for the policy.

Natalie, stated that not enough effort was made to make the public aware of this issue.


Following comments by the Council, a motion was made by Hoffmeister and seconded by McGallian to approve the expenditure of funds to Axon in the total amount of $1,414,395.61 (with a not to exceed amount of $1,500,000) for a five year contract to provide body worn cameras, in car cameras, and the Evidence.com storage solution; approve the expenditure of funds to Verizon Wireless in the amount of $56,216 for City issued smart phones, cases, and chargers; approve the expenditure of funds to Verizon Wireless in the amount of $63,804 for unlimited smart phone service plan; and authorize the City Manager to execute the agreement. Motion passed by unanimous vote of the Council.

CORRESPONDENCE

a. Amendments to 2015 Lease with Bank of the West, 2018 Opus Bank Lease Financing, and 2018 Wastewater Refunding Revenue Bonds PowerPoint Presentation

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b. ExteNet Wireless Communications Facilities - 1039 Oak Grove Road and 2039 Sierra Road PowerPoint Presentation

c. ExteNet Wireless Communications Facilities - 1051 Oak Grove Road PowerPoint Presentation

d. Police Chief’s 2017 Year-End Report PowerPoint Presentation e. Body Worn Camera Project PowerPoint Presentationf. Benched Correspondence – Agenda Item No. 5.ag. Convoy of Hope flyer and brochureh. Benched Correspondence – Agenda Item 5.ei. Comments submitted by Rose Lubbej. Central Contra Costa Sanitary District Citizens Academy brochurek. Letter submitted by Concord Communities Alliancel. Comments submitted by Andrew Smith and read into the record by the City Clerk

COUNCIL REPORTS

Vice Mayor Obringer proposed to hold a meeting with Supervisor Mitchoff to address homeless needs, and noted that she will be addressing it at the Council goal setting meeting on March 24.

Councilmembers shared information on events and activities in which they had participated since the last meeting and commented on items of interest.

ADJOURNMENT

By order of the Mayor, the meeting was adjourned at 11:30 p.m.

____________________________EDI E. BIRSANMAYOR

____________________________JOELLE FOCKLER, MMCCITY CLERK

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Staff Report

Date: April 3, 2018

To: City Council

From: Valerie J. Barone, City Manager

Prepared by: Joelle Fockler, MMC, City [email protected](925) 671-3390

Scott Conn, Network & Operations [email protected](925) 671-3248

Subject: Considering approval of a Professional Services Agreement with Neko Industries, Inc. in the amount of $13,950 for video streaming of certain public meetings; and authorizing the City Manager to execute the Agreement in a form acceptable to the City Attorney

Report in BriefCity Council, Planning Commission, and Community Advisory Committee meetings are posted to the City’s website for video streaming after each meeting. Staff is recommending approval of a professional services agreement with NEKO Industries, Inc. (NEKO) in an amount not to exceed $13,950 for video streaming services through OnBase software. As the City already has an agreement with NEKO totaling more than $50,000, Council approval is required to move forward with these services.

The City is preparing to move to paperless City Council agenda packets and will use OnBase by Hyland (OnBase) software for this process. The City currently uses OnBase Agenda Management software for City Council agenda packets, and adding the use of OnBase software for video streaming and paperless packets will be more efficient and cost less than the current process.

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mailto:[email protected]


City Council Agenda ReportAgenda Item No. 5.bApril 3, 2018

Recommended ActionApprove a Professional Services Agreement with NEKO Industries, Inc. in the amount of $13,950 for video streaming meetings; and authorize the City Manager to execute the Agreement in a form acceptable to the City Attorney.

BackgroundAfter each City Council, Planning Commission, and CAC meeting, the recordings of the meetings are posted to the City’s website for video streaming. Last November, the encoder for video streaming was destroyed by a flood in the IT Department, and a work around was implemented to upload the meetings for video streaming. The work around proved to be cumbersome and time consuming, and the public was not able to review City meetings in a timely manner.

The City is preparing to move to paperless City Council agenda packets and will use OnBase software by Hyland for this process. The City currently uses OnBase Agenda Management software for City Council agenda packets, and adding OnBase video streaming and paperless packets will be more efficient and cost less than the current process.

AnalysisStaff recommends contracting with NEKO Industries, Inc. for video streaming. Video streaming will be implemented in three phases beginning with City Council meetings. After the Planning Commission and CAC meetings convert to the automated agenda management process, those meetings will be streamed through NEKO. In the interim, they will continue to be streamed through the City’s current video streaming provider. NEKO has been providing Agenda Management and Electronic Content Management System (ECMS) services to the City since 2014.

NEKO has been providing ECMS solutions to Northern California cities, colleges, counties, and corporate customers for 21 years and is one of the top Hyland Government Solution Partners nationwide.

As the City already has an agreement with NEKO that is greater than $50,000 for the implementation of the ECMS, Council approval is required to engage in additional services.

Financial ImpactAdequate funds for this agreement are available in the Information Technology Department’s operating budget.

Public ContactThe City Council Agenda was posted.

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City Council Agenda ReportAgenda Item No. 5.bApril 3, 2018

Attachment1. Professional Services Agreement

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AGREEMENT FOR PROFESSIONAL SERVICES

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THIS AGREEMENT ("Agreement") is entered into on April 4, 2018 between the City of

Concord ("CITY") and NEKO Industries, Inc., a Delaware Corporation, 3017 Douglas Boulevard,

Suite 300, Roseville, CA 95561 (“CONSULTANT”).

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

and intentions:

The CITY desires to contract with CONSULTANT to provide the professional services

described in Section 2 of this Agreement, upon the terms and conditions hereinafter set forth.

NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and promises of the

parties herein contained, the parties hereto agree as follows:

1. TERM. This Agreement shall commence on April 4, 2018 and expire on April 3,

2019.

A. Extension of Term. Upon mutual written agreement by the parties, the term of this

Agreement may be extended for three additional periods of one year each commencing upon the

expiration of the initial or extended term, subject to the same terms and conditions of this Agreement.

CONSULTANT shall give written notice of its request for extension of the term of the Agreement to

the City’s Authorized Representative, as identified in Section 4 below, at least 30 days prior to

expiration of the initial or extended term.

The extension(s) of the term of this Agreement shall be subject to a review of

CONSULTANT’S performance in accordance with the terms and conditions of this Agreement and

shall be subject to City approval. Such extension of time shall be in writing by a duly executed

Amendment to this Agreement.

2. SCOPE OF SERVICES. Subject to such policy direction and approvals provided by

the CITY's Authorized Representative, CONSULTANT shall perform the services described in detail

in Exhibit A, Scope of Services. CITY retains all rights of approval and discretion with respect to the

projects and undertakings contemplated by this Agreement.

3. PAYMENT. The compensation to be paid to CONSULTANT including payment for

professional services and reimbursable expenses, shall be at the rate and schedules in detail in Exhibit

A. However, shall in no event shall the amount CITY pays CONSULTANT exceed thirteen thousand

Attachment 1

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nine hundred fifty dollars ($13,950) for the term of this Agreement. Any Amendment to this

Agreement that includes an increase to this compensation amount shall be made in accordance with

Section 5 below.

CONSULTANT may submit monthly statements for services rendered; all statements shall

include adequate documentation demonstrating work performed during the billing period. It is

intended that CITY review such statement and pay CONSULTANT for services rendered within 30

days of receipt of a statement that meets all requirements of this Agreement. Payment by CITY shall

not be deemed a waiver of unsatisfactory work, even if such defects were known to the CITY at the

time of payment.

4. AUTHORIZED REPRESENTATIVES. Authorized representatives shall represent

CITY and CONSULTANT in all matters pertaining to the services to be ordered by CITY or rendered

by CONSULTANT under this Agreement except where approval for the CITY is specifically required

by the City Council. The CITY’s authorized representative is Joelle Fockler, City Clerk, of the City

Management Department. The CONSULTANT’s authorized representative is Ronald J. Hofhenke,

Partner.

5. AMENDMENT TO AGREEMENT. This Agreement may be amended in writing,

subject to approval by both parties. If additional services are requested by CITY other than as

described in the above Scope of Services, this Agreement may be amended, modified, or changed by

the parties subject to mutual consent and in accordance with the CITY’s Municipal Code by execution

of an Amendment by authorized representatives of both parties setting forth the additional scope of

services to be performed, the performance time schedule, and the compensation for such services.

A. Amendment for Additional Compensation. CITY’s Authorized

Representative is authorized to execute amendments to the Agreement on behalf of CITY, including

amendments providing for additional compensation to CONSULTANT not to exceed $50,000 during

the fiscal year, including the base contract amount, throughout the term of this Agreement. Any

additional compensation to CONSULTANT that is $50,000 or more for the fiscal year, including the

base contract amount, must be approved by City Council.

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Consultant’s failure to secure CITY’s written authorization for additional compensation or

changes to the Scope of Work shall constitute a waiver of any and all right to adjustment in the price

or time due, whether by way of compensation, restitution, quantum meruit, or similar relief.

6. INDEPENDENT CONTRACTOR. Both parties understand and acknowledge that

CONSULTANT, its agents, employers and subcontractors are and shall at all times remain as to the

CITY wholly independent contractors. Neither the CITY nor any of its officers or employees shall

have any control over the manner by which the CONSULTANT performs this Agreement and shall

only dictate the results of the performance. CONSULTANT shall not represent that CONSULTANT

or its agents, employees or subcontractors are agents or employees of the CITY, and CONSULTANT

shall have no authority, express or implied, to act on behalf of the CITY in any capacity whatsoever as

an agent, and shall have no authority, express or implied, to bind the CITY to any obligation

whatsoever, unless otherwise provided in this Agreement.

As an independent contractor, CONSULTANT shall not be eligible for any benefits, which the

City may provide to its employees and all persons, if any, hired by CONSULTANT shall be

employees or subcontractors of CONSULTANT and shall not be construed as employees or agents of

the CITY in any respect. CONSULTANT shall receive no premium or enhanced pay for work

normally understood as overtime, i.e., hours that exceed forty (40) hours per work week, or work

performed during non-standard business hours, such as in the evenings or on weekends.

CONSULTANT shall not receive a premium or enhanced pay for work performed on a recognized

holiday. CONSULTANT shall not receive paid time off for days not worked, whether it be in the

form of sick leave, administrative leave, or for any other form of absence. CONSULTANT shall pay

all taxes, assessments and premiums under the federal Social Security Act, any applicable

unemployment insurance contributions, Workers Compensation insurance premiums, sales taxes, use

taxes, personal property taxes, or other taxes or assessments now or hereafter in effect and payable by

reason of or in connection with the services to be performed by CONSULTANT.

7. STANDARD OF PERFORMANCE. CONSULTANT represents and warrants to

CITY that CONSULTANT is skilled and able to provide such services described in the Scope of

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Work and that such services shall be performed in an expeditious manner, and with the degree of skill

and care that is required by current, good, and sound procedures and practices. CONSULTANT

further agrees that the services shall be in conformance with generally accepted professional standards

prevailing at the time work is performed.

8. PERFORMANCE BY CONSULTANT. CONSULTANT shall not employ other

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

Notwithstanding the foregoing, CITY shall not be obligated or liable for payment hereunder to any

party other than the CONSULTANT. CONSULTANT hereby designates the CONSULTANT’S

representative as the person primarily responsible for the day-to-day performance of

CONSULTANT'S work under this Agreement. CONSULTANT shall not change the

CONSULTANT’S representative without the prior written consent of the CITY. Unless otherwise

expressly agreed by the CITY, CONSULTANT'S representative shall remain responsible for the

quality and timeliness of performance of the services, notwithstanding any permitted or approved

delegation hereunder.

9. OWNERSHIP AND MAINTENANCE OF DOCUMENTS. All documents

furnished by CONSULTANT pursuant to this Agreement are instruments of CONSULTANT’s

services in respect to this project. They are not intended nor are represented to be suitable for reuse by

others except CITY on extensions of this project or on any other project. Any reuse without specific

written verification and adoption by CONSULTANT for the specific purposes intended will be at

user’s sole risk and without liability or legal exposure and expenses to CONSULTANT, including

attorney’s fees arising out of such unauthorized reuse.

CONSULTANT’s records, documents, calculations, and all other instruments of service

pertaining to actual project shall be given to CITY at the completion of the project. The CITY

reserves the right to specify the file format that electronic document deliverables are presented to the

CITY.

10. INDEMNIFICATION. CONSULTANT agrees to defend, indemnify and hold

harmless the CITY, its officers, officials, employees, agents and volunteers from and against any and

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all claims, demands, actions, losses, damages, injuries, and liability (including all attorney's fees and

other litigation expenses) arising out of the CONSULTANT’s performance under the terms of this

Agreement. This indemnification obligation on CONSULTANT’S part shall not apply to demands,

actions, losses, damages, injuries, and liability arising out of sole negligence or willful misconduct on

the part of CITY.

11. INSURANCE. CONSULTANT shall, at its own expense, procure and maintain in

full force at all times during the term of this Agreement the following insurance:

A. Commercial General Liability Coverage. CONSULTANT shall maintain

commercial general liability insurance with limits of no less than one million dollars ($1,000,000)

combined single limit per occurrence or two million dollars ($2,000,000) aggregate limit for bodily

injury, personal injury, and property damage.

B. Automobile Liability Coverage. CONSULTANT shall maintain automobile

liability insurance covering all vehicles used in the performance of this Agreement providing a one

million dollar ($1,000,000) combined single limit per occurrence for bodily injury, personal injury,

and property damage.

C. Professional Liability Coverage (Errors and Omissions). CONSULTANT

shall maintain professional liability insurance with coverage for all negligent errors, acts or omissions

committed by CONSULTANT, its agents and employees in the performance of this Agreement. The

amount of this insurance shall be not less than one million dollars ($1,000,000) on a claims made

annual aggregate basis or a combined single limit per occurrence basis.

D. Compliance with State Workers' Compensation Requirements.

CONSULTANT covenants that it will insure itself against liability for Workers' Compensation

pursuant to the provisions of California Labor Code §3700, et seq. CONSULTANT shall, at all

times, upon demand of the City, furnish proof that Workers' Compensation Insurance is being

maintained by it in force and effect in accordance with the California Labor Code. The insurer shall

also agree to waive all rights of subrogation against the CITY, its officers, officials, employees and

volunteers for losses arising from work performed by CONSULTANT for CITY. This provision

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shall not apply upon written verification by CONSULTANT that CONSULTANT has no employees.

E. Other Insurance Provisions. The policies are to contain, or be endorsed to

contain the following provisions:

(1) Additional Insured. CITY, its officers, agents, employees, and

volunteers are to be covered as an additional insured as respects: Liability arising out of activities

performed by or on behalf of CONSULTANT and operations of CONSULTANT, premises owned,

occupied, or used by CONSULTANT. The coverage shall contain no special limitations on the scope

or protection afforded to CITY, its officers, officials, employees, or volunteers.

Except for worker's compensation and professional liability insurance, the policies mentioned

in this subsection shall name CITY as an additional insured and provide for notice of cancellation to

CITY. CONSULTANT shall also provide timely and prompt notice to CITY if CONSULTANT

receives any notice of cancellation or nonrenewal from its insurer.

(2) Primary Coverage. CONSULTANT'S insurance coverage shall be

primary insurance with respect to CITY, its officers, officials, employees, and volunteers. Any

insurance, risk pooling arrangement, or self-insurance maintained by CITY, its officers, officials,

employees, or volunteers shall be in excess of CONSULTANT'S insurance and shall not contribute

with it.

(3) Reporting Provisions. Any failure to comply with the reporting

provisions of the policy shall not affect the coverage provided to the CITY, its officers, officials,

employees, or volunteers.

(4) Verification of Coverage. CONSULTANT shall furnish CITY with

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

The certificates and endorsements for each insurance policy are to be signed by a person authorized by

that insurer to bind coverage on its behalf. The aforementioned policies shall be issued by an

insurance carrier having a rating of Best A-7 or better which is satisfactory to the City Attorney and

shall be delivered to CITY at the time of the execution of this Agreement or before work commences.

Such policies and certificates shall be in a form approved by the City Attorney. CITY reserves the

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right to require complete certified copies of all required insurance policies at any time.

12. TIME OF PERFORMANCE. The time of performance of the services under this

Agreement is of the essence, and all time deadlines identified in this Agreement or Scope of Services

shall be strictly construed.

13. SUSPENSION OF WORK. CITY may, at any time, by ten (10) days’ written notice,

suspend further performance by CONSULTANT. All suspensions shall extend the time schedule for

performance in a mutually satisfactory manner, and CONSULTANT shall be paid for services

performed and reimbursable expenses incurred prior to the suspension date. During the period of

suspension, CONSULTANT shall not receive any payment for services, or expenses, except for

reasonable administration expenses, incurred by CONSULTANT by reason of such suspension.

14. TERMINATION. CITY may terminate this Agreement for any reason upon ten (10)

days written notice to the other party. CITY may terminate the Agreement upon five (5) days written

notice if CONSULTANT breaches this Agreement. In the event of any termination, CONSULTANT

shall promptly deliver to the CITY any and all finished and unfinished reports or other written,

recorded, photographic, or visual materials, documents, data, and other deliverables (“Work

Materials”) prepared for the CITY prior to the effective date of such termination, all of which shall

become CITY’s sole property. After receipt of the Work Materials, CITY will pay CONSULTANT

for the services performed as of the effective date of the termination.

15. COMPLIANCE WITH CIVIL RIGHTS. During the performance of this contract,

CONSULTANT agrees as follows:

A. Equal Employment Opportunity. In connection with the execution of this

Agreement, CONSULTANT shall not discriminate against any employee or applicant for employment

because of race, religion, color, sex, or national origin. Such actions shall include, but not be limited

to, the following: employment, promotion, upgrading, demotion, or transfer; recruitment or

recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and

selection for training including apprenticeship.

B. Nondiscrimination Civil Rights Act of 1964. CONSULTANT will comply

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with all federal regulations relative to nondiscrimination in federally assisted programs.

C. Solicitations for Subcontractors including Procurement of Materials and

Equipment. In all solicitation, either by competitive bidding or negotiations, made by

CONSULTANT for work to be performed under a subcontract including procurement of materials or

leases of equipment, each potential subcontractor, supplier or lessor shall be notified by

CONSULTANT of CONSULTANT’S obligation under this Agreement and the regulations relative to

nondiscrimination on the grounds of race, religion, color, sex, or national origin..

16. CONFLICT OF INTEREST.

A. CONSULTANT covenants and represents that neither it, nor any officer or

principal of its firm, has, or shall acquire any interest, directly or indirectly, which would conflict in

any manner with the interests of CITY or which would in any way hinder CONSULTANT’s

performance of services under this Agreement. CONSULTANT further covenants that in the

performance of the Agreement, no person having any such interest shall be employed by it as an

officer, employee, agent or subcontractor without the express written consent of the CITY.

CONSULTANT agrees to at all times avoid conflicts of interest, or the appearance of any conflicts of

interest, with the interests of the CITY in the performance of this Agreement.

B. CONSULTANT is not a designated employee within the meaning of the

Political Reform Act because CONSULTANT:

(1) Will conduct research and arrive at conclusions with respect to its rendition

of information, advice, recommendation or counsel independent of the control and direction of the

CITY or of any CITY official, other than normal contract monitoring; and

(2) Possesses no authority with respect to any CITY decision beyond the

rendition of information, advice, recommendation or counsel. (2 Cal. Code Regs. § 18700(a)(2).)

17. COMPLIANCE WITH LAWS. CONSULTANT shall comply with all applicable

Federal, State of California, and local laws, rules, and regulations and shall obtain all applicable

licenses, including a business license with the City of Concord, and permits for the conduct of its

business and the performance of the services.

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18. CHOICE OF LAW. This Agreement shall be construed and interpreted in accordance

with the laws of the State of California, excluding any choice of law rules which may direct the

application of the laws of another jurisdiction. In the event that suit shall be brought by either party

hereunder, the parties agree that trial of such action shall be held exclusively in a state court in the

County of Contra Costa, California.

19. NON-WAIVER. The waiver by either party of any breach of any term, covenant, or

condition contained in the Agreement, or any default in their performance of any obligations under the

Agreement shall not be deemed to be a waiver of any other breach or default of the same or any other

term, covenant, condition, or obligation, nor shall any waiver of any incident of breach of default

constitute a continuing waiver of same.

20. ENFORCEABILITY; INTERPRETATION. In the event that any of the provisions

or portions of application of any of the provisions of the Agreement are held to be illegal or invalid by

a court of competent jurisdiction, CITY and CONSULTANT shall negotiate an equitable adjustment

in the provisions of the Agreement with a view toward affecting the purpose of the Agreement. The

illegality or invalidity of any of the provisions or portions of application of any of the provisions of

the Agreement shall not affect the legality or enforceability of the remaining provisions or portions of

application of any of the provisions of the Agreement. This Agreement shall be interpreted as though

it was a product of a joint drafting effort and no provisions shall be interpreted against a party on the

ground that said party was solely or primarily responsible for drafting the language to be interpreted.

21. INTEGRATION. All exhibits identified in this Agreement are attached hereto and

incorporated herein by reference. The Agreement contains the entire agreement and understanding

between the parties as to the subject matter of this Agreement. It merges and supersedes all prior or

contemporaneous agreements, commitments, representation, writings, and discussions between

CONSULTANT and CITY, whether oral or written.

22. SUCCESSORS AND ASSIGNS: NO THIRD PARTY BENEFICIARIES; NO

JOINT VENTURE. CITY and CONSULTANT respectively, bind themselves, their successors,

assigns, and legal representatives to the terms and obligations of this Agreement. CONSULTANT

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shall not assign or transfer any interest in the Agreement without the CITY's prior written consent,

which consent shall be in the CITY’s sole discretion. Any attempted assignment or transfer in breach

of this provision shall be void. This Agreement is not intended and shall not be construed to create

any third party benefit. This Agreement is not intended and shall not be construed to create a joint

venture or partnership between the parties. CONSULTANT, its officers, employees and agents shall

not have any power to bind or commit the CITY to any decision.

23. FINANCIAL RECORDS. Records of CONSULTANT’s direct labor costs, payroll

costs, and reimbursable expenses pertaining to this project covered by this Agreement will be kept on

a generally recognized accounting basis and made available to CITY if and when required.

24. NOTICES. All notices required hereunder shall be in writing and mailed postage

prepaid by certified or registered mail, return receipt requested, or by personal delivery to the CITY's

address as shown below, or such other places as CITY or CONSULTANT may, from time to time,

respectively, designate in a written notice given to the other. Notice shall be deemed received three

(3) days after the date of the mailing thereof or upon personal delivery.

To CITY: Joelle Fockler, City Clerk City of Concord 1950 Parkside Drive Concord, CA 94519-2578 Phone: (925) 671-3390 To CONSULTANT: Ronald J. Hofhenke, Partner NEKO Industries, Inc. 3017 Douglas Blvd., Suite 300 Roseville, CA 95661

25. NON-LIABILITY. No member of the CITY and no other officer, employee or agent

of the CITY shall be personally liable to CONSULTANT or otherwise in the event of any default or

breach of the CITY, or for any amount which may become due to CONSULTANT or any successor in

interest, or for any obligations directly or indirectly incurred under the terms of this Agreement.

26. EXECUTION. Each individual or entity executing this Agreement on behalf of

Applicant represents and warrants that he or she or it is duly authorized to execute and deliver this

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Exhibit A Scope of Services

Installation, configuration, and testing of Agenda Online and Agenda Video Streaming, and annual maintenance of Agenda Video Streaming.

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Staff Report

Date: April 3, 2018

To: City Council


Reviewed by: Andrea Ouse, Director of Community and Economic DevelopmentKevin Marstall, Interim City Engineer

Prepared by: Bernard Enrile, Associate Civil [email protected](925) 671-3031

Subject: Considering approval of an Amendment for Professional Services Agreement in the amount of $8,200 with Park Engineering for construction management services for Central Concord Pedestrian Improvement Streetscapes, Project No. 2239; authorizing the City Manager to execute the agreement, subject to the approval of the City Attorney; accepting improvements for Central Concord Pedestrian Improvement Streetscape, Project No. 2239; and directing the City Clerk to file a Notice of Completion.

Report in BriefGhilotti Bros., Inc. of San Rafael, California, has completed all work associated with the Central Concord Pedestrian Improvements Streetscape (Project No. 2239), and has provided the required warranty.

On August 2, 2016, the City Council approved a Professional Services Agreement with Park Engineering (Park) to provide construction management and material testing services in the amount of $214,818.11 for Project No. 2239. With the approval of this proposed amendment to the Professional Services Agreement of $8,200, the total contract amount will be $223,018.11. All construction management and material testing services rendered by Park were completed.

5.c5.c5.c5.c

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City Council Agenda ReportAgenda Item No. 5.cApril 3, 2018

Recommended ActionTake the following actions:

1. Approve an Amendment to a Professional Services Agreement in the amount of $8,200 with Park Engineering for construction management and material testing services for Central Concord Pedestrian Improvements and Streetscape (Project No. 2239), and authorize the City Manager to execute the agreement, subject to approval of the City Attorney;

2. Accept the improvements for the Central Concord Pedestrian Improvements and Streetscape (Project No. 2239), constructed by Ghilotti Bros., Inc. of San Rafael, California; and

3. Direct the City Clerk to file a Notice of Completion.

BackgroundThe City Council awarded the construction project to Ghilotti Bros., Inc. (Ghilotti) on August 2, 2016, in the amount of $3,125,154. This project includes the following components:

Installation of a traffic signal and decorative crosswalks at the intersection of Clayton Road and Sutter Street, as well as landscaping in the adjacent median island on Clayton Road between Mira Vista Terrace and Sutter Street;

Rehabilitation of the asphalt pavement on Willow Pass Road between Market Street and Galindo Street, widening portions of the sidewalk fronting the Park and Shop shopping center, as well as installation of decorative crosswalks along Willow Pass Road at the following intersections:

o Market Streeto Gateway Boulevardo Fry Wayo Sutter Streeto Mira Vista Terrace

Base repairs, slurry, and restriping of Broadway Street between Market Street and Harrison Street, including installation of Class II Bike lanes. Class III shared bike striping and signage was also installed on Salvio Street from Harrison Street to Colfax Street;

Installation of miscellaneous enhancements in the Downtown area that include: way-finder kiosks, tree lighting on Grant Street, bike racks, trash receptacles, refinishing of streetlight poles, and intersection improvements (consisting of curb ramp improvements and crosswalk repairs) at approximately 30 downtown intersections.

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The City Council also approved a Professional Services Agreement with Park Engineering for the Central Concord Pedestrian Improvements and Streetscape (Project No. 2239) on August 2, 2016, in the amount of $214,818.11.

AnalysisPark Engineering (Park) provided construction support services and material testing, under a Professional Services Agreement in the amount of $214,818.11. Park provided their original cost proposal and budget based on the 100 working days specified by the project specifications. There were a total of 88 working days added to the construction schedule which extended the completion date from February 13, 2017 to August 22, 2017. Details of the added working days to the schedule are explained below. The additional cost of providing construction management services through the extended working period is covered by this Professional Services Agreement contract amendment for an additional $8,200. Staff provided Park with authorization to proceed with the additional services. There are adequate funds in the project budget to pay this cost increase..

Ghilotti Bros., Inc. (Ghilotti) has completed all work on Project No. 2239. Staff inspected the work, which is in compliance with the project plans and specifications. Ghilotti has provided the required 10% warranty bond, which guarantees the work from defects for one year.

Financial ImpactThe project construction was competed in the total amount of $3,123,395.77, which includes the original contract amount of $3,125,154.00 and five Contract Change Orders (CCOs) which decreased the original contract by $1,758.23. The following CCOs executed for the project are summarized as follows:

CCO No. 1: A decrease of $34,444.14. This change order included balancing asphalt bid item quantities to pay for increased asphalt quantities for additional paving areas and reducing HMA base repairs on Willow Pass Road as the condition of pavement did not require extensive base repairs.

CCO No. 2: A no cost CCO. This change order includes a contract time adjustment of additional 39 working days extension in contract time as a result of delays in submittal approvals and also allowing for procurement of long lead electrical items.

CCO No.3: An increase of $72,544.13. This change order includes balancing bid items constructed to reflect the actual quantities of work completed. This change order includes installing additional traffic loops, modification to new curb ramp construction and existing crosswalk repairs at various locations to fit existing field conditions, and lighting material change as requested by City staff. Additionally, installation of new curb drainage inlet at Colfax St and Concord Blvd is required

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to allow for drainage around a new bulb-out curb. This change order adds 4 working days extension in contract time for the additional work as requested by staff.

CCO No. 4: A decrease of $41,366.14. This change order includes balancing bid items constructed to reflect the actual quantities of work completed. This change order includes adjustment of striping and painting quantities as installed in the field. This change order also includes adjustment in cost of installation of truncated domes due to staff directed change in installation method, and also a credit for power washing and crosswalk repair due to bid item scope change. This change order also adds 45 working days extension in contract time related to delays by PG&E to provide power to the new service pedestal.

CCO No. 5: An increase of $1,507.92. This change order includes balancing bid item quantities constructed to reflect the true value of work completed. This change order includes lump sum quantities for additional loop detection work on Clayton/Sutter signal and tree lighting removal on Grant Street as directed by Staff.

The total Contract Change Order decrease of $1,758.23 did not exceed the authorized contingency amount for this project of 8% of the construction contract amount. There are sufficient funds in the project to cover the Contract Change Order costs and Amendment to the Professional Services Agreement with Park Engineering.


Attachments1. Location Map2. Notice of Completion3. Professional Services Agreement – Park Engineering

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PROJECT MAP – Central Concord Pedestrian Improvement & Streetscape Project 2239

Page 5 of 9

RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO:

City ClerkCity of Concord1950 Parkside Drive MS/03Concord, CA 94519

APN(s): __ (Space Above This Line for Recorder’s Use Only)[Exempt from recording fee per Gov. Code § 27383]

NOTICE OF COMPLETION(Cal. Civ. Code §§ 8180-8190, 8100-8118, 9200-9208)

A. The City of Concord, a California municipal corporation, entered into a written contract with Ghilotti Bros Inc. dated August 2, 2016. The surety on said contract is held by Fidelity and Deposit Company of MarylandB. NOTICE IS HEREBY GIVEN THAT:

(1) The name and address of the owner or reputed owner are:City of Concord, 1950 Parkside Drive, Concord, CA 94519-2578

(2) The name and address of the direct contractor are:Ghilotti Bros. Inc. 525 Jacoby Street San Rafael,CA 94901

(3) The name and address of the construction lender, if any, are:Not applicable

(4) A description of the site sufficient for identification, including the street address of the site, if any, follows:The real property herein referred to is situated in the City of Concord, County of Contra Costa, State of California, and is described as follows: Central Concord Pedestrian Improvements and Streetscape Project 2239

(5) The name, address, and relationship to the parties of the person giving the notice:City of Concord, a California Municipal Corporation, 1950 Parkside Drive, Concord, CA 94519; person giving notice and owner.

(6) The person giving this notice is not a claimant(7) This notice is given for (check one):

X Completion of the work of improvement as a whole.___ Completion of a contract for a particular portion of the work of improvement. If the notice is given only of completion of a contract for a particular portion of the work of improvement as provided in California Civil Code Section 8186, provide the following information:(a) The name and address of the direct contractor under that contract: See item B(2), above.(b) A general statement of the work provided pursuant to the contract: See item A above.

(8) If signed by the owner’s successor in interest, the name and address of the successor’s transferor:Not applicable

(9) The nature of the interest or estate of the owner: right-of-way(10) The date of completion: April 3, 2018

I, Kevin Marstall, say I am the City Engineer for the City of Concord, owner of the aforesaid interest or estate in the property described in the above Notice of Completion, and as such, make this verification on behalf of City of Concord; and that I have read the above Notice of Completion and know the contents thereof and that the facts stated therein are true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.Executed on ___________________________, 20____, at Concord, California______________________________________(Signature)

ATTEST:______________________________________Joelle Fockler, MMCCity of Concord City Clerk

ATTACHMENT 2

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Staff Report

Date: April 3, 2018

To: City Council


Reviewed by: Andrea Ouse, Director of Community and Economic DevelopmentKevin Marstall, Interim City Engineer

Prepared by: Bernard Enrile, [email protected](925) 671-3031

Subject: Considering rejection of all bids received for the Citywide Bridge Repair Program - Group 2 Bridges, (Project No. 2371); and directing staff to re-advertise the project for bids. (Funded by Bridge Preventative Maintenance Program and Measure J)

Report in BriefThe Citywide Bridge Repair Program-Group 2 Bridges Project (Federal Project No. BPMP 5135 (049), City Project No. 2371) consists of construction of needed repair work for Group 2 Bridges, which include Concord Avenue Bridge, Ygnacio Valley Road Bridge, Willow Pass Road Bridge, Court Lane Bridge, St. Francis Drive Bridge, Whitman Road Bridge, Claudia Drive Bridge, San Miguel Road Bridge, Concord Boulevard Bridge, and Ayers Road Bridge.

Bids were opened on Wednesday, February 7, 2018. Four bids were received in the amount ranging from $1,971,609 to $2,639,838. The low bidder did not meet the Disadvantaged Business Enterprise (DBE) goal of 8.0% for this project and did not provide a Good Faith Effort (GFE) in meeting this goal. Therefore the low bidder is considered non-responsive.

The second low bidder’s total bid is at $2,441,192. The available project funds of $2,253,027 are insufficient to cover the costs of all of the designed improvements, and an appropriate construction contingency. The construction management, inspection, and materials testing services contract was awarded by Council on September 5, 2017.

5.d5.d5.d

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City Council Agenda ReportAgenda Item No. 5.dApril 3, 2018

Recommended ActionReject all bids submitted for the Citywide Bridge Repair Program-Group 2 Bridges Project (Federal Project No. BPMP 5135 (049), City Project No. 2371); and direct staff to re-advertise the project for bids.

BackgroundOn September 26, 2006, the City Council adopted Resolution No. 06-63, approving the Citywide Bridge Repair Program (Project No. 2060), and accepting a grant from Caltrans that was used to fund the costs of evaluating the preventive maintenance needs for 31 City-owned bridges. The evaluation resulted in a prioritized bridge repair needs list and was the first step in establishing eligibility for Caltrans’ Bridge Preventive Maintenance Program (BPMP). The BPMP provides funding for certain maintenance and repair activities that have been preapproved by the Federal Highway Administration (FHWA) that extend the life of bridges. These activities include deck resurfacing, slope paving, replacement of expansion joints, spall repairs, and drainage improvements.

Field reviews of the 31 bridges were conducted with Caltrans in April, 2011. Staff worked with Caltrans to select 17 of these bridges for maintenance. Six of these 17 selected bridges were identified as requiring only limited environmental documentation. Because federal funds are being used in the project, National Environmental Policy Act (NEPA) clearance, as well as California Environmental Policy Act (CEQA) review is required. The remaining 11 bridges required more detailed environmental analyses and permits. To facilitate timely repair of those bridges that could be addressed more quickly, the bridges were divided into two groups as follows:

Group 1 Bridges - Limited environmental documentation required:28C-0034, Willow Pass Road Bridge over Mount Diablo Creek28C-0189L, Diamond Boulevard Bridge over Walnut Creek Left28C-0189R, Diamond Boulevard Bridge over Walnut Creek Right28C-0427, Cowell Road Bridge over Galindo Creek28C-0436, Walnut Avenue Bridge over Contra Costa Canal28C-0116, Kirker Pass Road Bridge over Mount Diablo Creek

Group 2 Bridges - Extensive environmental documentation required:28C-0091L, Concord Avenue Bridge over Walnut Creek Left28C-0091R, Concord Avenue Bridge over Walnut Creek Right28C-0115, Ygnacio Valley Road Bridge over Galindo Creek28C-0183, Willow Pass Road Bridge over Walnut Creek28C-0221, Court Lane Bridge over Galindo Creek28C-0222, St. Francis Drive Bridge over Galindo Creek28C-0224, Whitman Road Bridge over SDM Channel28C-0278, Claudia Drive Bridge over Holbrook Channel28C-0357, San Miguel Road Bridge over Pine Creek28C-0361, Concord Boulevard Bridge over Mount Diablo Creek

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28C-0362, Ayers Road Bridge over Mount Diablo Creek

Caltrans approved staff’s request to split the bridges into two groups in 2013 which resulted in the project’s federal funding being split up into three federal project numbers:

BPMP 5135(039) to fund the environmental and design work for all seventeen (17) bridges

BPMP 5135(048) to fund right-of-way and construction of the Group 1 BridgesBPMP 5135(049) to fund right-of-way and construction of the Group 2 Bridges

To remain consistent with federal funding, the City Council approved two spin-off projects that were generated from the Citywide Bridge Repair Program (PJ 2060) when it approved the FY 2015-16 CIP Program:

CIP-1601 (later named Project No. 2342): Citywide Bridge Repair Program-Group 1 Bridges Construction

CIP-1602 (later named Project No. 2371): Citywide Bridge Repair Program-Group 2 Bridges Construction

Construction of needed repair work for Group 1 bridges was completed in early 2017.

Project No. 2060 has completed the design needed on the remaining 11 bridges which have been approved under the Bridge Preventative Maintenance Program (BPMP) for Project No. 2371. Environmental Clearance from permitting agencies such as U.S. Army Core of Engineers, U.S. Fish and Wildlife, and C.A. Regional Water Quality Control Board was scheduled to be approved before the start of construction which is scheduled sometime in May, 2018.

Federal funding for this project requires bidders to make available a percentage of their work to Disadvantaged Business Enterprise (DBE) sub-contractors. DBE sub-contractors are defined as “for-profit” small businesses, where socially and economically disadvantaged individuals own at least a 51% interest and also control management and daily business operations. The DBE goal of this project is determined by City staff, using Federal guidelines, by analyzing the available DBE contractors in the area and comparing that with the estimated work that can be performed by a sub-contractor. The DBE goal for this project is set at 8% of the construction cost. Federally funded projects require that bidders meet the established DBE goal. If unable to meet that goal, bidders are required to submit a Good Faith Effort detailing the efforts that the bidders took in order to solicit for DBE sub-contractors. Staff reviews the DBE and Good Faith Effort as part of the overall analysis to determine if a bidder is responsive and responsible.

Procurement ProcessThe project was advertised for construction bids as required by State law and City policy. Bids were opened on February 7, 2018. Four bids were received in the amount

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ranging from $1,971,609 to $2,639,838. The lowest bid was received from Pacific Infrastructure Construction. The Engineer’s Estimate for the Total Bid was $1,940,000. A summary of the three lowest bids is as follows:

BID SCHEDULE

Engineer's Estimate

Pacific Infrastructure Construction

Bridgeway Civil

ConstructionGranite Rock

Company

Total Bid $1,940,000 $1,971,609 $2,441,192 $2,580,246

The basis of award for this project is the Total Bid and there are no additive bids.

Disadvantaged Business Enterprise (DBE) RequirementsA DBE Goal of 8% was established for this project. Pacific Infrastructure Construction (Pacific) of Vacaville, CA was the low bidder and submitted a total bid in the amount of $1,971,609 with a DBE participation rate of only 2.01% of the project cost allocated to qualified DBE subcontractors. As outlined in the project specifications and applicable Federal requirements, Pacific provided documentation to try to demonstrate a Good Faith Effort to obtain DBE subcontractors to participate in its bid. Engineering Division staff reviewed Pacific’s documentation and determined Pacific did not demonstrate a Good Faith Effort toward meeting the established DBE goal.

The second low bid exceeds the available budget. As stated above, the available project funds of $2,253,027 are insufficient to cover the improvements and construction contingency.

City Staff reached out to Caltrans for guidance regarding the rejection of all bids for this project. Caltrans Staff authorized the City to proceed with the rejection of all the bids and to re-advertise the project for a construction schedule of summer 2019. Caltrans staff will also re-evaluate funding needs in the future once the project has been re-advertised and bids have been opened. The City’s Purchasing Ordinance (Concord Municipal Code Chapter 3.10) allows the City to reject all bids and (among other things) re-advertise. Staff is not recommending any major modification to the plans and specs at this time however will update the bid package to reflect a construction schedule during summer 2019.

Financial ImpactRejecting all bids, repackaging the Plans and Specifications, and re-bidding the project, as staff recommends, will result in an estimated cost of $7,000. There are sufficient funds in the project to cover this cost of re-bidding. It is possible that even when re-bid,

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the City may need to identify additional funding to support this project; however, this decision won’t be made until the project is re-bid.

Environmental DeterminationThe rejection of a bid is not considered a project under CEQA guidelines. If the project is re-bid and awarded in the future, the CEQA determination would be affirmed at that time.


Attachments1. Location Map 2. Bid Summary

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Attachment 1

Citywide Bridge Repair Program-Group 2 Bridges Construction Project PROJECT 2371

Location Map

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City of Concord Bid Sheet

PROJECT #2371 Bid Opening:

Citywide Bridge Repair Program, Group 2 Bridges

Wednesday, February 7, 2018

2:00 p.m.

Garden Conference Room

Engineer’s Estimate: $TBD To be awarded: TBA

COMPANY TOTAL BID Golden State Bridge, Inc. Engineers & Contractors 3701 Mallard Drive Benicia, CA 94510

$2,639,838.00

Pacific Infrastructure Construction LLC 871 Cotting Ct. Suite A Vacaville, CA 95688

$1,971,609.50

Bridgeway Civil Constructors, Inc. 4950 Allison Parkway, Suite A Vacaville, CA 95688

$2,441,192.00

Graniterock 5225 Hellyer Ave., Suite 220 San Jose, CA 95138

$2,580,246.00

Contact: Mario Camorongan x3021

Attachment 2

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Staff Report

Date: April 3, 2018

To: City Council


Reviewed by: Andrea Ouse, Director of Community and Economic Development

Prepared by: John Montagh, Economic Development [email protected](925) 671-3082

Subject: Considering an Exclusive Negotiating Agreement with Major Brand Gas of Concord Inc. for a 4,960 square foot City owned parcel located at 1596 Concord Avenue; and authorizing the City Manager to execute the agreement

Not a “project” within the meaning of Public Resources Code Section 21065, 14 Cal Code Regs. Section 15060(c)(2), 15060(c)(3), or 15378 because it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and 15352 because no approval is being granted; even if a project under CEQA, exempt under 14 Cal. Code Regs. Sections 15061(b)(3) 15378(b)(4), and 15306.

Report in BriefMr. Gursharnjeet Cheema, President of Major Brand Gas of Concord Inc., owns the Shell Gas Station at 1500 Concord Avenue and recently purchased properties next to his gas station for potential expansion and new commercial uses. The City of Concord owns a 4,960 square foot parcel (City Property) at 1596 Concord Avenue adjacent to Mr. Cheema’s parcels. A map of the City Property and Mr. Cheema’s properties are shown in Attachment 1. Mr. Cheema desires to purchase the City Property for a potential future development that may either include expanding his service station uses or a multifamily development.

5.e5.e5.e

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City Council Agenda ReportAgenda Item No. 5.eApril 3, 2018

In order to move forward with a potential sale of the City Property to Major Brand Gas of Concord Inc., an Exclusive Negotiating Agreement (ENA) (Attachment 2) is needed to allow the parties to work towards a Purchase and Sales Agreement (PSA) for the City Property. A negotiated PSA would be brought back to the City Council for consideration at a future meeting.

Recommended ActionAuthorize the City Manager to enter in an Exclusive Negotiating Agreement with Major Brand Gas of Concord Inc. for 1596 Concord Avenue.

BackgroundThe City acquired the Property in February of 1987 as part of a road widening project. The existing parcel is no longer needed for future road widening along Fremont and Concord Avenue.

Government Code sections 37350 and 37351, authorizes the City to dispose of real property for the common benefit and for the benefit of the City. In addition, Government Code section 52201 authorizes the City to sell property to create an economic opportunity. A Government Code Section 52201 report that provides an overview of the economics of the property will be produced and included with the negotiated PSA the City Council would consider at a future City Council meeting. The City Property is not surplus land according to City records or within the meaning of Government Code Section 54221. Even if it were, the property is exempt as it is under 5,000 square feet and being considered for potential sale to a contiguous owner.

Mr. Cheema is contemplating either a commercial development that may include convenience store, car wash and quick service food uses or a multifamily development. The commercial development scenario would require the City Property and Mr. Cheema’s vacant properties to be rezoned and amend the General Plan designation from High Density Residential to Services Commercial. A multifamily development would not require a Rezone or General Plan Amendment of the properties because the properties are already zoned to allow multifamily development.

Both the City Property and Mr. Cheema’s vacant properties are located within the Alquist-Priolo fault study zone. Prior to selling the City Property, a fault study is required to determine the location and extent of faults on the property, and the associated evaluation of impact (if any) on the final fair market value of the City Property. Ultimately, the findings of a technical study will determine what, if any, impact a fault may have on a future development on the City Property and Mr. Cheema’s properties.

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AnalysisThe City, through its former Redevelopment Agency, used a parcel consolidation strategy to aggregate smaller parcels with adjacent parcels to create opportunities for larger projects to be developed rather than piece meal developments on smaller parcels which tend to be less economically viable and do not yield better project designs.

The opportunity to sell the City’s Property to the adjacent land owner is in line with the City’s prior action and should result in a better development overall at some point in the future. If the Property is not sold to the adjacent property owner, then the City will most likely own the Property for indefinite period of time and incur maintenance and cleanup costs into the future. Staff does not foresee a successful development occurring on a parcel that is less than 5,000 square feet is size.

The proposed ENA sets forth the terms and conditions under which to the City and Major Brand Gas of Concord Inc., represented by Mr. Cheema as president of the company, will conduct negotiations regarding a negotiating a proposed PSA for the City Property. If a negotiated PSA is achieved, it would set the price and terms of payment for the Property and Major Brand Gas of Concord Inc.‘s obligations with respect to closing on the property. The negotiated PSA would be brought to the City Council for its consideration. The proposed ENA does not obligate the City to sell the property to Major Brand Gas of Concord Inc. in the event PSA negotiations are not successful. The proposed ENA set forth the following key deal terms:

The ENA negotiating period will remain in effect for a period of one hundred and eight (180) days. The initial negotiating period may be extended by the City Manager by up to 180 days if she determines that the parties are making substantial progress towards meeting performance milestones.

Mr. Cheema will deposit $6,000 with the City to pay City’s actual out-of-pocket expenses incurred in carrying out its obligations under the ENA, in particular City’s special geotechnical consultant fees incurred in connection with the peer review of fault studies. Any remaining balance would be returned to Mr. Cheema.

The negotiations will be based on Mr. Cheema initial desire to expand his service station and develop a car wash, convenient store with quick serve food service. Mr. Cheema will also consider a multifamily development on the site.

If a PSA is successfully negotiated and brought to the City Council for consideration, it would include the City paying for up to half the cost associated with the earthquake fault study and related peer review cost by City Consultant. City cost of its half of the study would be paid from sale proceeds from the purchase of the Property once Major Brand Gas of Concord Inc. closes on the Property. If Major Brand Gas of Concord Inc. does not close/buy the Property, then those costs would be at Major Brand Gas of Concord Inc.’s sole expense.

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The ENA would allow Major Brand Gas of Concord Inc. the time necessarily to complete needed studies and pursue a Rezone and General Plan Amendment of the City Property and Mr. Cheema’s properties in order to develop a future commercial development.

The ENA does not obligate either City or Mr. Cheema to enter into a PSA.

The parties acknowledge that, in conjunction with City’s consideration of any DDA for approval, it will be necessary to comply with the provisions of the California Environmental Quality Act (CEQA). All costs of preparing the applicable CEQA document and processing land use entitlements, approvals and permits relating to a future proposed project shall be borne by Mr. Cheema.

Sale Price of City PropertyThe City obtained a fair market appraisal of the property that set forth two values:

First value is based upon no impact from an earthquake fault: $150,000 or $30 per foot.

Second value is based upon a worst case analysis of the earthquake fault resulting in a restriction against any structures being developed on the property: $37,500 or $7.60 per foot.

The two stated values reflect the two book end fair market value for the Property. There is a potential that the earthquake fault study may show that a fault only impacts a portion of the Property. In the event, the fault study determines that the fault renders a portion of the Property undevelopable, then the purchase price would be calculated as follows: the per square foot developable value multiplied by the developable area plus the per square foot undevelopable value multiplied by the undevelopable area. By way of example, if the developable area is 3,960 square feet, and the undevelopable area is 1,000 square feet, then the purchase price would be calculated as follows:

3,960 square feet “developable area x $30 plus = $118,800+1,000 square feet “undevelopable area” x $7.60 = $ 7,600

Total land value =$126,400

If a PSA is negotiated, the above representation is how the Property will be valued, if it is impacted by an earthquake fault.

Financial ImpactThe Property has been maintained by the City’s Public Works Departments at an estimated cost of $2,000 per year for weed abatement, repairs and cleanup activities. If the property is sold, the City would no longer incur these costs.

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There is no immediate direct financial impact incurred by entering into the ENA. Major Brand Gas of Concord Inc. would provide $6,000 to fund the City’s consultant costs associated with peer reviewing earthquake fault study.

If the property is sold, the City can expect to realize a value from $37,500 to $150,000 net the cost for the City’s share of earthquake fault study and peer review. A set cost cap of $56,000 for the earthquake fault study limits the City’s 50 percent share of costs at $28,000, which would be paid out of City’s proceeds from the Property sale. Anything above these amounts are the responsibility of Major Brand Gas of Concord Inc.

Major Brand Gas of Concord, Inc. shall fund all cost for preparing the associated CEQA document and processing land use entitlements for its future proposed project.

Environmental DeterminationThe proposed ENA does not approve a project nor does it have the potential to create a significant effect on the environment. Since it can be seen with certainty that there is no possibility approval of the ENA could have a significant effect on the environment and because CEQA compliance will be required prior to consideration of any DDA for approval, consideration of approval of the ENA is not subject to California Environmental Quality Act (CEQA). (Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c)(2), 15060(c)(3), 15061(b)(3), 15306, 15352, and 15378(b)(4), 15378).


Attachments1. Map2. Proposed ENA

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Attachment 1

Mr. Cheema’s Shell Station

City Property

Vacant adjacent property owned by Mr. Cheema

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Attachment 2

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AGREEMENT TO NEGOTIATE EXCLUSIVELY

Draft March 23, 2018

THIS AGREEMENT TO NEGOTIATE EXCLUSIVELY (“Agreement”) dated for reference purposes as of _____________, 2018 (“Date of Agreement”), is entered into by and between the CITY OF CONCORD, a California municipal corporation (“City”), and Major Brand Gas of Concord Inc.., a California corporation (“Developer”).

R E C I T A L S:

A. City is the fee owner of that certain approximately 4,960 square foot City-owned property located at 1596 Concord Avenue , designated as APN 126-043-018 as depicted in Exhibit A attached hereto (“Property”). The Developer owns property adjacent to the City Property designated as 1590 Concord Avenue (APN 126-043-031) and 2181 Fremont Street (APN 126-043-011)

B. City desires the Property to be merged and developed as a unified site with the adjacent parcels in order to avoid piece meal development and to be developed consistent with the City’s 2030 General Plan (“General Plan”) and Development Code.

C. D. City Property and Developer’s adjacent properties are located in the Alquist-Priolo Fault Study area. A fault study and related studies are needed to determine the value of the Property and the potential impact on future development on the Property and Developer’s adjacent properties.

E. City and Developer now desire to enter into this Agreement in order to set forth the terms under which City and Developer will exclusively negotiate the terms and conditions of a proposed Purchase and Sales Agreement (“PSA”) providing for sale and development of the Property.

NOW THEREFORE, City and Developer hereby agree as follows:

A G R E E M E N T S:

1. Negotiations.

1.1 Good Faith Negotiations. City and Developer, acknowledging that time is of the essence, agree for the Negotiation Period set forth below to negotiate diligently and in good faith to prepare a PSA (defined in Recital E, above) to be considered for approval by City and Developer, in the manner set forth herein, with respect to the conveyance via fee sale and development of the Property (defined in Recital A, above). City agrees, for the period set forth below, not to negotiate with any other person or entity regarding the sale or development of the Property or any portion thereof. A PSA resulting from the negotiations hereunder shall become effective only if and after a PSA has been considered and approved by the Developer and the City Council at a public hearing called

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for such purpose. If a PSA is executed by City and Developer, the PSA shall thereafter govern the rights and obligations of the parties with respect to the development of the Property.

1.2 Duration of this Agreement. This Agreement shall become effective upon execution by the parties and shall remain in effect for a period of one hundred eighty (180) days following the Date of Agreement (“Negotiation Period”). Upon expiration of the Negotiation Period, this Agreement shall automatically terminate, unless the Negotiation Period has been mutually extended by City and Developer as provided below. The City Manager may approve an extension of the Negotiation Period for up to an additional ninety (180) days, if she determines in her sole discretion that Developer has made substantial progress towards meeting the performance milestones identified in the Schedule of Performance attached hereto as Exhibit B (“Schedule of Performance”). Any further extension of the Negotiation Period shall require the approval of the City Council, which may be granted or denied in its sole discretion.

1.3 Financial Matters.

1.3.1 Purchase Price. A fair market appraisal has set forth two fair market values for the Property: (a) a $150,000 or $30 per foot “developable value” assuming the fault renders no portion of the Property undevelopable (i.e. that the entire 4,960 square foot parcel consists of “developable area”), and (b) a $37,500 or $7.60 per foot “undevelopable value” assuming the fault prevents any vertical structure developed on the Property due to an earthquake fault (referred to herein as “undevelopable”). In the event, the Fault Study (defined below) determines that the fault renders a portion of the Property undevelopable (the “undevelopable area”), then the purchase price would be calculated as follows: the per square foot developable value multiplied by the developable area plus the per square foot undevelopable value multiplied by the undevelopable area. By way of example, if the developable area is 3,960 square feet, and then undevelopable area is 1,000 square feet, then the purchase price would be calculated as follows:

3,960 square feet “developable area x $30 plus = $118,800+1,000 square feet “undevelopable area” x $7.60 = $ 7,600

Total land value =$126,4001.3.2 Fault Study. Developer shall hire a duly license and qualified

geotechnical consult to conduct a fault studies of the Property, the total cost of which for purposes of the cost sharing set forth in this Section shall be capped at $56,000. The fault study and related City consultant peer review costs are collectively referred to here as the “Fault Study Costs”. Subject to the foregoing cap, the Fault Study Costs would be split equally between Developer and City upon sale of Property to Developer, subject to the preceding cap. City’s share would be funded from net sales proceeds of the Property and deducted upon closing of the contemplated purchase and sale transaction. If City’s share of Fault Study Costs exceeds the net sales proceeds from the Property, then the

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Developer, at its sole cost and expense, would bear the remaining Fault Study Costs balance. If Developer fails to purchase the Property, then Developer, at its sole cost and expense, would bear all Fault Study Costs.

1.3.3 Deposit. Within five (5) days following execution of this Agreement by City, Developer shall submit to City a good faith cash deposit in the amount of SIX THOUSAND DOLLARS AND 00/100 ($6,000) (“Deposit”). City shall deposit such funds in an interest-bearing account and such interest, when received by City, shall become part of the Deposit. City is authorized to use the Deposit to pay its actual expenses incurred in carrying out its obligations under this Agreement, including the costs of City’s special geotechnical peer review costs incurred by City in connection with peer review of fault study work plan and possible review of trench study results(collectively, “City Expenses”). City shall use good faith efforts to ensure that the City Expenses incurred do not exceed the Anticipated City Expenses. In the event City determines that City Expenses will exceed Anticipated City Expenses, City shall provide written notice to Developer requesting an additional deposit in an amount that City reasonably anticipates will allow it to carry out its obligations under this Agreement (“Overage Request”). Within ten (10) business days after the date of City’s Overage Request, Developer shall pay to City in cash or other immediately available funds an amount equal to the Overage Request. If Developer fails to pay an amount equal to the Overage Request to the City within the ten (10) business day period, this Agreement may be terminated by City. If City terminates this Agreement as provided in this paragraph, City shall return the unexpended portion of the Deposit and/or Overage Request, if any, to Developer.

2. Development Concept. The negotiations hereunder shall be based on the Developer’s two proposed development concepts that includes the potential development of a convenience store/quick serve food use and car wash or a multi-family residential project, together with appurtenant on-site and off-site improvements, including hardscape and landscaping, all to be developed in a manner consistent with the Concord 2030 General Plan, Downtown Concord Specific Plan, Concord Municipal Code (including the Development Code), and other applicable laws (collectively, the “Project”).

3. Developer’s Responsibilities.

3.1 Full Disclosure. Developer is required to make full disclosure to City of its principals; officers; major stockholders, partners or members; joint ventures; and its directly involved negotiators, development managers, consultants and managerial employees (collectively, “Developer Parties”), and all other material information concerning Developer. Any change in the identity of the Developer Parties shall be subject to the approval of the City Manager. Developer shall make and maintain full disclosure to City of its proposed methods of financing to be used in the acquisition of the Property and development of the Project. Final approval of financing will be addressed in the PSA.

3.2 Schedule of Performance; Progress Reports. Developer shall commence and complete performance of the work described in the Schedule of Performance within

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the times set forth therein. Developer shall keep City apprised as to the status of all work to be undertaken by or on behalf of Developer as described in the Schedule of Performance. Within ten (10) days following City’s request, which may be made from time to time during the Negotiation Period, Developer shall submit to City a written progress report advising City on the status of all work being undertaken by or on behalf of Developer.

4. City’s Responsibilities. City shall cooperate with Developer by providing information regarding the development potential of the Property.

5. Access to Property. City and Developer shall cooperate to enable representatives of Developer to obtain the right of access to all portions of the Property for the purpose of obtaining data and making surveys and tests necessary to evaluate the development potential of the Property, including the investigation of the soils, fault studies and environmental condition of the Property. All costs of investigating the physical and environmental condition of the Property, including a Phase 1, Phase 2, geotechnical and soils investigations, if any, shall be paid and borne by Developer at its sole cost and expense and shall not be considered part of City Expenses. Developer agrees to notify City in writing at least two (2) business days prior to undertaking any studies or work upon the Property. City may require Developer to execute one or more right of entry agreements satisfactory to City’s legal counsel prior to commencing such studies or work. Any preliminary work by Developer shall be undertaken only after securing (1) such insurance as may be reasonably required by City to protect City and Developer from damages and losses that may arise from such investigative work, and (2) any and all necessary permits from the appropriate governmental agencies. Such work shall be done without unduly disturbing existing occupants of the Property, if any. In the event that Developer causes any damage to any portion of the Property or any adjacent properties or the existing improvements thereon, Developer, at its expense, shall promptly restore the Property, adjacent properties, affected properties, and any improvements as nearly as possible to the physical condition existing immediately prior to Developer’s entry onto the Property. Developer’s obligations under this Section 5 shall survive the expiration or termination of this Agreement.

6. Defaults and Remedies.

6.1 Default. Except as otherwise set forth in Section Error! Reference source not found. below with respect to City’s immediate right to terminate, the non-defaulting party shall give written notice of default to the defaulting party, specifying the nature of the default and the required action to cure the default. If such default remains uncured thirty (30) days after receipt by the defaulting party of such notice, the non-defaulting party may exercise the remedies set forth in Section 6.2 or 6.3 below, as applicable.

6.2 Exclusive Remedies for City Default. In the event of an uncured default by City, Developer’s sole and exclusive remedy shall be to terminate this Agreement, upon which termination Developer shall be entitled to return of the remaining unexpended and uncommitted balance of the Deposit, if any.

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6.3 Exclusive Remedies for Developer Default. In the event of an uncured default by Developer, City’s sole and exclusive remedies shall be: (1) to seek specific performance or other equitable relief and/or to recover actual damages if the default is a result of Developer’s failure to meet its indemnity obligations set forth herein, and/or (2) to terminate this Agreement and retain that portion of the Deposit needed to pay City Expenses incurred prior to the date of such termination; City may (but is not obligated to) pursue one or both of such remedies in its sole discretion.

6.4 Limitation on Damages. Except as otherwise provided in Section 6.3 above, neither party shall have any liability to the other for actual damages for any default. Each party specifically waives and releases any rights or claims it may otherwise have at law or in equity to recover consequential, special or punitive damages from the defaulting party.

7. Rights Following Expiration or Termination. Following expiration or termination of this Agreement, neither party shall have any further rights against or liability to the other under this Agreement except as otherwise provided herein. Following expiration or termination of this Agreement, unless a PSA is signed by Developer, approved by the City Council, and executed by City, City shall have the absolute right to pursue disposition and development of the Property in any manner and with any party or parties it deems appropriate.

8. Confidentiality of Information. Any information provided by Developer to City, including pro formas and other financial projections (whether in written, graphic, electronic or any other form) that is clearly marked as “CONFIDENTIAL / PROPRIETARY INFORMATION” (“Confidential Information”) shall be subject to the provisions of this Section 8. Subject to the terms of this Section, City shall use good faith diligent efforts to prevent disclosure of the Confidential Information to any third parties, except as may be required by the California Public Records Act (Government Code Section 6253 et seq.) or other applicable local, state or federal disclosure law (collectively, “Public Disclosure Laws”). Notwithstanding the preceding sentence, City may disclose Confidential Information to its officials, employees, agents, attorneys and advisors, but only to the extent necessary to carry out the purpose for which the Confidential Information was disclosed. Developer acknowledges that City has not made any representations or warranties that any Confidential Information City receives from Developer will be exempt from disclosure under any Public Disclosure Laws. In the event the City’s legal counsel determines that the release of the Confidential Information is required by Public Disclosure Laws, or order of a court of competent jurisdiction, City shall notify Developer of City’s intention to release the Confidential Information. If the City Attorney, in his or her discretion, determines that only a portion of the requested Confidential Information is exempt from disclosure under the Public Disclosure Laws, City may redact, delete or otherwise segregate the Confidential Information that will not be released from the non-exempt portion to be released.

If any litigation is filed seeking to make public any Confidential Information, City and Developer shall cooperate in defending the litigation, and Developer shall pay City’s actual costs of defending such litigation and shall indemnify City against all costs and

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attorneys’ fees awarded to the plaintiff in any such litigation. Alternatively, Developer may elect to disclose the Confidential Information rather than defend the litigation. Developer’s indemnity obligations under this Section 8 shall survive the expiration or termination of this Agreement.

The restrictions set forth herein shall not apply to Confidential Information to the extent such Confidential Information: (1) is now, or hereafter becomes, through no act or failure to act on the part of City, generally known or available; (2) is known by the City at the time of receiving such information as evidenced by City’s public records; (3) is hereafter furnished to City by a third party, as a matter of right and without restriction on disclosure; (4) is independently developed by City without any breach of this Agreement and without any use of or access to Developer’s Confidential Information as evidenced by City’s records; (5) is not clearly marked “CONFIDENTIAL/PROPRIETARY INFORMATION” as provided above (except where Developer notifies City in writing, prior to any disclosure of the Confidential Information, that omission of the “CONFIDENTIAL/PROPRIETARY INFORMATION” mark was inadvertent), or (6) is the subject of a written permission to disclose provided by Developer to City.

9. Real Estate Commissions. City shall not be liable for any real estate commission or brokerage fees which may arise from the purchase and sale or other acquisition of the Property or any portion thereof or interest therein. Developer represents and warrants to City that it has not engaged any broker, agent or finder in connection with the acquisition or development of the Property, and Developer agrees to indemnify, defend and hold City harmless from any claim by any broker, agent or finder retained by, or alleged to have been retained by, Developer. Developer’s indemnity obligations under this Section 9 shall survive the expiration or termination of this Agreement.

10. Notices. Any approval, disapproval, demand or other notice which either party may desire to give to the other party under this Agreement must be in writing and may be given by any commercially acceptable means, including first class mail, personal delivery, or overnight courier, to the party to whom the notice is directed at the address of the party as set forth below, or at any other address as that party may later designate by notice.

To City: City of Concord1950 Parkside DriveConcord, CA 94519-2578Attention: City ManagerTelephone (925) 671-3150

with a copy to: City of Concord1950 Parkside Drive, MS/08Concord, CA 94519-2578Attention: City AttorneyTelephone (925) 671-3323

To Developer: Major Brand Gas of Concord Inc

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16 Sky TerraceDanville, CA 94526Attention: Mr. Gursharnjeet Cheema Telephone (925) 864-9121

Any notice shall be deemed received on the date of delivery if delivered by personal service, three (3) business days after mailing if sent by first class mail, and on the date of delivery or refused delivery as shown by the records of the overnight courier if sent via overnight courier.

11. Limitations of this Agreement. This Agreement (and any extension of the Negotiating Period) shall not obligate either City or Developer to enter into a PSA on or containing any particular terms. By execution of this Agreement (and any extension of the Negotiating Period), City is not committing itself to, or agreeing to, undertake disposition of the Property or any portion thereof and Developer is not committing itself to acquire the Property or any portion thereof. Execution of this Agreement by City and Developer is merely an agreement to conduct a period of exclusive negotiations in accordance with the terms hereof, reserving for subsequent City action the final discretion and approval regarding the execution of a PSA and all proceedings and decisions in connection therewith. Any PSA resulting from negotiations pursuant to this Agreement shall become effective only if and after such PSA has been considered and approved by the City Council, following conduct of all legally required procedures, and executed by duly authorized representatives of City and Developer. Until and unless a PSA is signed by Developer, approved by the City Council, and executed by City, no agreement drafts, actions, deliverables or communications arising from the performance of this Agreement shall impose any legally binding obligation on either party to enter into or support entering into a PSA or be used as evidence of any oral or implied agreement by either party to enter into any other legally binding agreement. This Agreement, which pertains only to negotiating procedures and standards between City and Developer, does not limit in any way the discretion of City in acting on any applications for permits or approvals for the proposed Project. The Parties acknowledge that California Environmental Quality Act (“CEQA”) compliance will be required in connection with consideration of such permits and approvals, and that City shall retain the discretion in accordance with CEQA and other applicable law before action on any such permits or approvals to (1) identify and impose mitigation measures to mitigate significant environmental impacts, (2) select other feasible alternatives to avoid significant environmental impacts, (3) balance the benefits of the proposed Project against any significant environmental impacts prior to taking final action if such significant impacts cannot otherwise be avoided, or (4) determine not to proceed with the Project. All costs of preparing the applicable CEQA document shall be borne by Developer and funded pursuant to a separate reimbursement agreement between City and Developer.

12. Plans, Drawings and Reports. Once submitted, all development Project design concepts and plans that Developer owns or has the right to transfer shall become the property of the City. The City, without compensation to Developer or any third party, may use such development Project design concepts and plans, together with any and all

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ideas and materials submitted in connection with the negotiations hereunder, whether or not City and Developer enter into a PSA; provided, however, to the extent such concepts and plans are used without Developer’s permission or agreement, Developer disclaims any representations or warranties regarding such concepts and plans, including whether or not they are sufficient for any particular purpose.

13. Integration. This Agreement contains the entire understanding between the parties relating to the matters set forth herein. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged in this Agreement and shall be of no further force or effect.

14. Modifications. Any alteration, change or modification of or to this Agreement, in order to become effective, shall be made in writing and in each instance signed on behalf of each party.

15. Severability. If any term, provision, condition or covenant of this Agreement or its application to any party or circumstances shall be held, to any extent, invalid or unenforceable, the remainder of this Agreement, or the application of the term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected, and shall be valid and enforceable to the fullest extent permitted by law.

16. Applicable Law; Venue. This Agreement shall be construed in accordance with the law of the State of California without reference to choice of laws principles, and venue for any action under this Agreement shall be in Contra Costa County, California.

17. No Assignment. The qualifications and identity of Developer and the Developer Parties are of particular concern to City. It is because of those unique qualifications and identity that City has entered into this Agreement with Developer. Accordingly, except as provided below, Developer may not assign its right to negotiate with City to any other person or entity. Any purported voluntary or involuntary assignment of Developer’s negotiation rights shall be null and void. Notwithstanding the foregoing, City acknowledges that Developer intends to form one or more single purpose limited liability companies or limited partnerships, all owned and controlled by Developer (the “SPV”) for the exclusive purpose of owning and developing the Property. City further acknowledges and agrees that if a PSA is approved by City, the SPV may enter into such DDA and purchase the Property without any assignment of this Agreement by Developer to the SPV; provided, however, that the foregoing shall not in any way limit Developer’s obligations hereunder or under the PSA (if any).

18. Waiver of Lis Pendens. It is expressly understood and agreed by the parties that no lis pendens shall be filed against any portion of the Property with respect to this Agreement or any dispute or act arising from this Agreement.

19. Counterparts. This Agreement may be signed in multiple counterparts which, when signed by both parties, shall constitute a binding agreement.

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20. Interpretation. As used in this Agreement, masculine, feminine or neuter gender and the singular or plural number shall each be deemed to include the others where and when the context so dictates. The word “including” shall be construed as if followed by the words “without limitation.” This Agreement shall be interpreted as though prepared jointly by both parties. Titles and captions are for convenience of reference only and do not define, describe or limit the scope or the intent of this Agreement or any of its terms.

21. Joint and Several. If Developer consists of more than one entity or person, the obligations of Developer hereunder shall be joint and several.

22. Authority. If Developer is a corporation, limited liability company, partnership, trust, association or other entity, Developer and each person executing this Agreement on behalf of Developer does hereby covenant and warrant that (1) Developer is duly incorporated or otherwise established or formed and validly existing under the laws of its state of incorporation, establishment or formation; (2) Developer has and is duly qualified to do business in California; (3) Developer has full corporate, partnership, trust, association or other power and authority to enter into this Agreement and to perform all of Developer’s obligations hereunder; and (4) each person (and all of the persons if more than one signs) signing this Agreement on behalf of Developer is duly and validly authorized to do so.

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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date set opposite their signatures. The Date of Agreement shall be the date this Agreement is signed by City.

CITY: DEVELOPER:

CITY OF CONCORD, a California municipal corporation

MAJOR BRAND GAS OF CONCORD INC., a California corporation

By: By:Valerie Barone, City Manager Name: Mr. Gursharnjeet Cheema

Title: PresidentDate: ________________, 2018 Date: ________________, 2018

APPROVED AS TO FORM:

By:Susanne Meyer BrownCity Attorney

ATTEST:By:

Joelle Fockler, MMCCity Clerk

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OAK #4827-4423-6337 v3 Exhibit A

EXHIBIT A

DIAGRAM OF PROPERTY

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Exhibit B

EXHIBIT B

SCHEDULE OF PERFORMANCE

1. By April 10, 2018 Developer to initiate due diligence including environmental investigation and preparing Fault Study Work Plan of the Property.

By May 1, 2018 Developer to provide City with results from document research and concept plan for possible trenching or other additional investigation work plan for review by City’s Consultant.

3. By May 15, 2018 City to provide Developer with City Consultant’s input and findings on fault study work plan which may include performing additional investigations such as trench work.

4. By June 29, 2018 If needed and required, Developer to provide fault study trench work findings to City for City Consultant Review.City.

5. By July 13, 2018 City to provide Developer with City Consultant’s findings based upon trench work, if trench work is required.

By July 13, 2018 Developer to provide City with copies of all due diligence materials, including any Phase 1 or Phase 2 reports available at that time.

6. By July 27, 2018 Developer to inform City in writing whether Developer desires to purchase property and for what type of development.

7. By August 24, 2018 If Developer decides to pursue a car wash/convenience store and quick service food sales uses, then Developer shall submit its application to Planning Division for a rezone and General Plan Amendment for the Property and Developer’s property. (Not a Project Development Plan Application)

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Exhibit B

8. By August 24, 2018 If Developer decides to pursue a multifamily project that is consistent with the Property’s Zoning and General Plan, then Developer shall submit its conceptual plans and description to City for its review to determine if enough information exists for the Planning Commission to make findings that the proposed use is consistent with the Property’s Zoning and General Plan. (Not a Project Development Plan Application)

By September 21, 2018

If Developer pursues a multifamily project that is consistent with zoning and General Plan, City will draft and submit a Purchase and Sales Agreement to the Developer for review and input. The Purchase and Sales Agreement shall set forth price, and due diligence times to include Developer obtaining entitlements for the project and that the Property be merged with Developer’s properties prior to close of the Property. Once Purchase and Sale Agreement is agreed upon by both City Staff and Developer, then the City Staff will agendize the Purchase and Sales Agreement for a Planning Commission meeting to obtain General Plan Consistency findings and then place on a future City Council agenda for consideration as required by law.

By March 2019 If Developer pursues commercial uses that require a rezone and General Plan Amendment for the Property and is successful with obtaining new land use designations, then City staff will draft and submit a Purchase and Sales Agreement to the Developer for review and input. The Purchase and Sales Agreement shall set forth price, and due diligence times to include Developer obtaining entitlements for the property and that the City Property be merged with Developer properties prior to close of the Property. Once Purchase and Sale Agreement is agreed upon by both City Staff and Developer, then city Staff will agendize the Purchase and Sales Agreement for a Planning Commission meeting to obtain General Plan Consistency findings and then place on a future City Council agenda as required by law.

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AMENDED AGENDA - City of Concord

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