City of Concord California

News Release

February 12, 2016

Concord officials release investigative report

The Concord City Council has waived attorney-client confidentiality and has released an independent investigative report it commissioned to answer a number of allegations made in connection with the selection of a master developer for the former Concord Naval Weapons Station (CNWS). The 40-page report, by respected attorney Michael Jenkins, has been posted to the CNWS Reuse Project website at

The report answers a letter received by the City from one of the CNWS master developer finalists. Among other allegations, Catellus Development Corporation asserted that Lennar Concord, LLC FivePoint Communities/Lennar had violated the terms of the Agreement to Negotiate, which both firms signed, by lobbying the City Council. Catellus also raised questions about the fact that a recommendation in its favor was removed from the final staff report.

The City Council held a special meeting on Thursday, February 11, to receive public comment and discuss the release of the report. At the meeting, the City Council voted unanimously to release the report and directed staff to return with recommendations regarding the report's findings for discussion in open session at the Tuesday, Feb. 23 City Council meeting.

"We are making the report public so we can remedy any errors we may have made and move forward with the selection process," said City Manager Valerie Barone. "We will do whatever is necessary to demonstrate our commitment to conduct the public's business openly and fairly."

Report author Michael Jenkins, of the law firm of Jenkins & Hogin, serves as city attorney and special counsel for numerous municipalities around the state. He has served as president and director of the City Attorneys Department of the League of California Cities, and is chair of the League's Brown Act Committee. For the past 29 years, he has taught local government law at the University of Southern California Law Center. Jenkins has conducted special investigations for a number of cities in both northern and southern California involving Brown Act violations, conflict of interest, and other alleged improprieties by elected officials and high-level city executives.

For more information, visit or contact Director of Community Reuse Planning Guy Bjerke, (925) 671-3076.

City of Concord CA