Concord City Council
May 23, 2023

Ord. No. 23-XX 3
addictive nicotine products; and
WHEREAS, the City Council, after giving all public notices required by State Law and the Concord Municipal Code, held a duly noticed public hearing on May 23, 2023, on the proposed Ordinance, considered testimony and information received at the public hearing and the oral and written reports from City staff dated May 23, 2023, as well as other documents contained in the record of proceedings relating to the proposed project, which are maintained at the offices of the City of Concord City Clerk’s Office, 1950 Parkside Drive, Concord, CA and declared their intent to approve and adopt the Ordinance.

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

Section 1. All of the facts set forth in the Recitals are true and correct and are hereby incorporated and adopted as findings of the City Council as if fully set forth herein.

Section 2. Pursuant to the California Environmental Quality Act of 1970, Public Resources Code §21065, et seq., as amended and implementing State CEQA Guidelines, Title 14, Chapter 3 of the California Code of Regulations (collectively, “CEQA”), the Ordinance does not constitute a “project” within the meaning of CEQA Guidelines Section 15060(c)(2) because there is no potential that it will result in a direct or reasonably foreseeable indirect physical change in the environment and pursuant to Section 15378 because the Ordinance has no potential for either a direct physical change to the environment, or a reasonably foreseeable indirect physical change in the environment.

Moreover, even if the Ordinance does comprise a project for CEQA analysis, it falls within the “common sense” CEQA exemption set forth in CEQA Guidelines Section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” None of the exceptions identified in CEQA Guidelines Section 15300.2 are present. No unusual circumstances are present. This determination reflects the City’s independent judgment and analysis.

Section 3. The Ordinance would not be detrimental to the public interest, health, safety, convenience, or welfare of the City, as the proposed Ordinance will limit the availability of electronic

Ord. No. 23-XX 4
smoking and flavored tobacco products which are harmful, highly addictive, and appealing to youth.

Section 4. The City Council has reviewed, considered, and evaluated all of the information prior to acting upon Ordinance.

Section 5. The documents and other materials that constitute the record of proceedings upon which the City Council has based its recommendation are located in and may be obtained from the City of Concord Clerk’s Office, 1950 Parkside Drive, Concord, CA 94519.

Section 6. The Concord Municipal Code is hereby amended as outlined in Exhibit A, attached hereto and made a part hereof.

Section 7. This Ordinance shall become effective thirty (30) days following passage and adoption. In the event a summary of said Ordinance is published in lieu of the entire Ordinance, a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five (5) days prior to its adoption and within fifteen (15) days after its adoption, including the vote of the Councilmembers. Additionally, a summary prepared by the City Attorney’s Office shall be published once at least five (5) days prior to the date of adoption of this Ordinance and once within fifteen (15) days after its passage and adoption, including the vote of the Councilmembers, in the Contra Costa Times, a newspaper of general circulation in the City of Concord.

Laura M. Hoffmeister
Mayor
ATTEST:

Joelle Fockler, MMC
City Clerk
(Seal)
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Ord. No. 23-XX 5
Ordinance No. 23-X was duly and regularly introduced at a regular meeting of the City Council of the City of Concord held on May 23, 2023, and was thereafter duly and regularly passed and adopted at a regular meeting of the City Council held on June 13, 2023, by the following vote:

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

Joelle Fockler, MMC
City Clerk
Exhibit A: Concord Municipal Code Chapter 5.100 Amendments

Chapter 5.100

TOBACCO RETAILER LICENSE PROGRAM
Sections:

5.100.010 Definitions.

5.100.020 Self-Service Displays prohibited.

5.100.030 Vendor assistance required.

5.100.040 Tobacco Retailer License required.

5.100.050 Limits on Tobacco Retailer Licenses.

5.100.060 Application procedure.

5.100.070 Issuance of License.

5.100.080 License renewal and expiration.

5.100.090 Licenses nontransferable.

5.100.100 Fees for License.

5.100.110 Other requirements and prohibitions.

5.100.115 Tobacco Product pricing and packaging.

5.100.120 Compliance monitoring.

5.100.130 Revocation of License.

5.100.140 License suspension.

5.100.150 Tobacco Retailing without a License or with a suspended License.

5.100.160 Nuisance and Enforcement.

5.100.170 Enforcement of state law regarding Sales to minors.

5.100.180 Intent as to additional legal restrictions and remedies.

5.100.190 Service.

5.100.200 Severability; Preemption.

5.100.010 Definitions.

As used under this Chapter, the following terms shall have the following meanings unless otherwise indicated from the context:

Area Which Minors Frequent. Any public or private kindergarten, elementary, middle school, junior high, or high school, preschool, public library, public playground or playground area in a public park and the Concord Pavilion located at 2000 Kirker Pass Road.

Cigar. (1) Any roll of Tobacco other than a Cigarette wrapped entirely or in part in Tobacco or any substance containing Tobacco; and (2) any paper or wrapper that contains Tobacco and can be used for Smoking or ingestion of Tobacco, marijuana, or other plant products. For the purposes of this subsection, “Cigar” includes, but is not limited to, Tobacco Products known or labeled as Cigar, Cigarillo, little Cigar, blunt, blunt wrap, or Cigar wrap.

Cigarette. (1) Any roll of Tobacco wrapped in paper or in any substance not containing Tobacco; and (2) any roll of Tobacco wrapped in any substance containing Tobacco which, because of its appearance, the type of Tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a Cigarette described herein.

City Manager. The Concord City Manager, or their designee.

Coupon. Any voucher, rebate, card, paper, note, form, statement, ticket, image, or other issue, whether in paper, digital, or other form, used for commercial purposes to obtain an article, product, service, or accommodation without charge or at a discounted price.

Delivery Sale. The Sale of any Tobacco Product to any Person for personal consumption and not for resale when the Sale is conducted by any means other than an in-person, over-the-counter Sales transaction in a Tobacco retail establishment. Delivery Sale includes the Sale of any Tobacco Product when the Sale is conducted by telephone, other voice transmission, mail, the internet, any app-based service, or any other delivery (whether by Licensees or third parties) by any means, including curbside pick-up.

Exhibit A to Attachment 1

Department. The City of Concord Police Department and any other City department, company, or Person designated by the Department to enforce or administer the provisions of this Chapter.

Display. The open, visible, or public display of any Tobacco Products or Tobacco Paraphernalia.

Electronic Smoking Device. Any device that may be used to deliver any aerosolized or vaporized substance to any individual inhaling from the device, including, but not limited to, an e-Cigarette, e-Cigar, e-pipe, vape pen, or e- Hookah. Electronic Smoking device includes any component, part, or accessory of the device, and any substance that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine. Electronic Smoking device does not include drugs, devices, or combination products authorized for Sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act.

Flavored Tobacco Product. Any Tobacco Product that contains a taste or smell, other than the taste or smell of Tobacco, that is distinguishable by an ordinary consumer either prior to, or during the consumption of, a Tobacco Product, including, but not limited to, any taste or smell relating to fruit, menthol, mint, wintergreen, chocolate, cocoa, vanilla, honey, molasses, or any candy, dessert, alcoholic beverage, herb, or spice. The term Flavored Tobacco Product includes the term Presumptive Flavored Tobacco Product.

Full Retail Price. The price listed for a Tobacco Product on its packaging or on any related shelving, advertising, or Display where the Tobacco Product is Sold, plus all applicable taxes and fees if such taxes and fees are not included in the listed price.

Hookah or Hookah Pipe. A water pipe with a flexible hose(s) and mouthpiece(s) used to smoke specially made Flavored Tobacco Products.

Hookah Product. Any Flavored Tobacco Product intended for use in Hookahs.

Manufacturer. Any Person, including any repacker or relabeler, who manufactures, fabricates, assembles, processes, or labels a Tobacco Product; or imports a finished Tobacco Product for Sale in or into the United States.

Mobile Vending or Moveable Place of Business. Any form of business that is operated out of a kiosk, truck, van, automobile or other type of vehicle or transportable shelter and not a fixed address store front or other permanent type of structure authorized for Sales transactions. The terms Mobile Vending and Moveable Place of Business include the term Delivery Sale.

Person. Any individual, firm, partnership, cooperative association, public or private corporation, personal representative, receiver, trustee, assignee, parent, successor, or other legal entity.

Presumptive Flavored Tobacco Product. A public statement or claim made or disseminated by the Manufacturer of a Tobacco Product or Tobacco Paraphernalia, or by any Person authorized or permitted by the Manufacturer to make or disseminate public statements concerning such Tobacco Product Tobacco Paraphernalia, that such Tobacco Product has, or the Tobacco Paraphernalia imparts, a taste or smell other than Tobacco shall constitute presumptive evidence that the Tobacco Product is a Flavored Tobacco Product.

Program. The Tobacco Retailer License Program established pursuant to this Chapter.

Proprietor. A Person with an ownership or managerial interest in a business. An ownership interest shall be deemed to exist when a Person has a 10% or greater interest in the stock, assets, or income of a business other than the sole interest of security for debt. A managerial interest shall be deemed to exist when a Person has or shares ultimate control over the day-to-day operations of a business.

Sale or Sell or Sold. Any transfer, exchange, barter, gift, exchange, sale, distribution, or offer of Tobacco Products or Tobacco Paraphernalia for a commercial purpose, in any manner or by any means whatsoever, including free or low cost samples thereof.

Self-Service Display. The open, visible, or public display of any Tobacco Products or Tobacco Paraphernalia in a manner that is accessible to the general public without the assistance of the Tobacco Retailer or employee of the Tobacco Retailer. A Vending Machine is a form of Self-Service Display.

Smoking. Inhaling, exhaling, burning, or carrying any lighted or heated Cigar, Cigarette, or pipe, or any other lighted or heated product containing, made, or derived from nicotine, tobacco, or any Tobacco Product, whether natural or synthetic, that is intended for inhalation. “Smoking” includes using an Electronic Smoking Device.

Tobacco Paraphernalia. Cigarette papers or wrappers, pipes, holders of Smoking materials of all types, Cigarette rolling machines, and any other item designed for the Smoking, preparation, storing, or consumption of Tobacco Products.

Tobacco Product. (1) Any substance containing tobacco, tobacco leaf or nicotine, including but not limited to Cigarettes, Cigars, pipe tobacco, Hookah tobacco, snuff, chewing tobacco, dipping tobacco, bidis, or any other preparation of tobacco; (2) any Electronic Smoking Device and any substances that may be aerosolized or vaporized by such device to inhale substances containing nicotine; and/or (3) any component, part, or accessory of (1) or (2) including but not limited to filters, rolling papers, blunt or hemp wraps, Hookahs, mouthpieces, and pipes.

Tobacco Product does not include any product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco product dependence. Tobacco Product includes any Flavored Tobacco Product. To the extent any Hookah lounge Sells or Display any Hookah or Hookah Products for offsite use or consumption, such Tobacco Products, or Tobacco Paraphernalia for off-site use or consumption, such Hookah or Hookah Products shall be deemed to be included in the definitions of Tobacco Products and Tobacco Paraphernalia.

Tobacco Retailer. Any Person who Sells, offers for Sale, or does or offers to exchange for any form of consideration, Tobacco, Tobacco Products, or Tobacco Paraphernalia, or who Sells free or low cost samples of Tobacco Products or Tobacco Paraphernalia. Tobacco Retailer includes a Proprietor (as defined above), and any agent or employee of a Tobacco Retailer or Proprietor. Except as expressly provided in Section 5.100.050(a)(6), the term Tobacco Retailer includes Hookah lounges.

Tobacco Retailer License or License. A City of Concord License issued by the Department to a Tobacco Retailer pursuant to this Chapter.

Tobacco Retailing. The doing of any of these things. This definition is without regard to the quantity of tobacco, Tobacco Products, or Tobacco Paraphernalia Sold or Displayed.

Vending Machine. Any electronic or mechanical device or appliance the operation of which depends upon the insertion of money, whether in coin, paper bill, or other thing representative of value, which dispenses or releases a Tobacco Product and/or Tobacco Paraphernalia.
(Code 1965, § 4840; Code 2002, § 38-61. Ord. No. 01-5; Ord. No. 06-10)

5.100.020 Self-Service Displays prohibited.

It shall be unlawful for any Person within the City to offer, or engage in Tobacco Retailing by means of, a Self- Service Display.
(Code 1965, § 4841; Code 2002, § 38-62. Ord. No. 01-5; Ord. No. 06-10)

5.100.030 Vendor assistance required.

All Tobacco Products and Tobacco Paraphernalia shall be Sold exclusively by means of vendor assistance.

Tobacco Products and Tobacco Paraphernalia shall be located exclusively in a locked case, located behind counters out of reach from customers, or in a similar location that is inaccessible to customers, requiring vendor assistance for the customer to obtain access to the Tobacco Products and Tobacco Paraphernalia. (Code 1965, § 4842; Code 2002, § 38-63. Ord. No. 01-5; Ord. No. 06-10)

5.100.040 Tobacco Retailer License required.
(a) It shall be unlawful for any Person to act as a Tobacco Retailer without first obtaining and maintaining a valid Tobacco Retailer License pursuant to this Chapter for each location at which that activity is to occur. Tobacco Retailing without a valid Tobacco Retailer License is a public nuisance.

(b) A Tobacco Retailer or Proprietor without a valid Tobacco Retailer License, including a Person whose License has been revoked or suspended:
(1) Shall keep all Tobacco Products and Tobacco Paraphernalia out of public view. The Display of Tobacco Products or Tobacco Paraphernalia in violation of this provision shall constitute Tobacco Retailing without a License under Section 5.100.090(a).
(2) Shall not Display or Sell any Tobacco Products or Tobacco Paraphernalia. (c) Nothing in this Chapter shall be construed to grant any Person obtaining and maintaining a Tobacco Retailer License any status or right other than the limited privilege to act as a Tobacco Retailer at the location in the City identified on the face of the permit and for the period of time designated. This Chapter shall not be construed to render inapplicable, supersede, or apply in lieu of, any other provision of applicable law, including but not limited to, any provision of this Code, or any condition or limitation on Smoking in an enclosed place of employment pursuant to California Labor Code Section 6404.5.
(Code 1965, § 4843; Code 2002, § 38-64. Ord. No. 01-5; Ord. No. 06-10)

5.100.050 Limits on Tobacco Retailer Licenses.
(a) Prohibitions.
(1) Self-Service Displays are expressly prohibited.
(2) Mobile Vending and Moveable Places of Business are expressly prohibited. No License may issue to authorize Tobacco Retailing at other than a fixed location. No Tobacco retail License will be issued to a Tobacco Retailer who intends to or does engage in Mobile Vending, has or intends to have a Moveable Place of Business, or who intends to or does offer Self-Service Displays. (3) Flavored Tobacco Products Prohibited. It shall be unlawful for any Tobacco Retailer to Sell or possess with intent to Sell any Flavored Tobacco Product. (4) Electronic Smoking Devices Prohibited. It shall be unlawful for any Tobacco Retailer to Sell or possess with intent to Sell any Electronic Smoking Device. (5) Coupons are expressly prohibited.
(6) Hookah lounges are expressly prohibited from selling Hookah, Hookah Products, Tobacco Products, or Tobacco Paraphernalia for off-site use or consumption. The legal, non-conforming uses located at 3425 Chestnut and 1120 Contra Costa Boulevard may sell Hookah Products strictly for on-site use and consumption at such premises, so long as their respective Tobacco Retailer Licenses are continuously maintained in good standing, as determined by the Department. (Code 1965, § 4844; Code 2002, § 38-65. Ord. No. 01-5; Ord. No. 06-10)

5.100.060 Application procedure.
(a) Applications for a Tobacco Retailer License shall be submitted in the name of each Proprietor proposing to conduct retail tobacco Sales and shall be signed by each Proprietor or an authorized agent thereof. (b) It is the responsibility of each Proprietor to be informed regarding all laws applicable to Tobacco Retailing, including those laws affecting the issuance of a Tobacco Retailer License. No Proprietor may rely on the issuance of a License as a determination by the City that the Proprietor has complied with all laws applicable to Tobacco Retailing. A License issued contrary to this Chapter, contrary to any other law, or on the basis of false or misleading information supplied by a Proprietor shall be revoked pursuant to Section 5.100.130 of this Chapter.

Nothing in this Chapter shall be construed to vest in any Person obtaining and maintaining a Tobacco Retailer License any status or right to act as a Tobacco Retailer in contravention of any provision of law. (c) All applications shall be submitted on a form supplied by the Department and will be verified and processed by the Finance Department, Business Licensing. It shall contain the following information:

(1) The name, address, and telephone number of each Proprietor of the business that is seeking a License. (2) The business name, address, and telephone number of the single fixed location for which a License is sought.
(3) A single name and mailing address authorized by each Proprietor to receive all communications and notices (the “Authorized Address”) required by, authorized by, or convenient to the enforcement of this Chapter. If an authorized address is not supplied, each Proprietor shall be understood to consent to the provision of notice at the business address specified in subparagraph (2) above. (4) Proof that the location for which a Tobacco Retailer License is sought has been issued a valid state tobacco retailer’s License by the California Board of Equalization. (5) Whether or not any Proprietor has admitted violating, or has been found to have violated, this Chapter or whose proprietorship has admitted violating, or has been found to have violated, this Chapter, and, if so, the dates and locations of all such violations within the previous six years. (6) Such other information as the Department deems necessary for the administration or enforcement of this Chapter.
(7) All information required to be submitted in order to apply for a Tobacco Retailer License shall be updated with the Department whenever the information changes. A Tobacco Retailer shall provide the Department with any updates within ten (10) business days of a change. (Code 1965, § 4845; Code 2002, § 38-66. Ord. No. 01-5; Ord. No. 06-10)

5.100.070 Issuance of License.

Upon the receipt of an application for a Tobacco Retailer License and the License fee required by this Chapter, the Department shall issue a License unless substantial evidence demonstrates that one or more of the following bases for denial exists:
(a) The information presented in the application is incomplete, inaccurate, or false. Intentionally supplying inaccurate or false information shall be a violation of this Chapter. (b) The application seeks authorization for Tobacco Retailing for a Proprietor to whom this Chapter prohibits a License to be issued.
(c) The application seeks authorization for Tobacco Retailing that is prohibited pursuant to this Chapter, that is unlawful pursuant to this code which includes but is not limited to the City’s zoning ordinance, building codes, and business License tax ordinance, or that is unlawful pursuant to any other law. (d) Failure to pay an outstanding fine.
(Code 1965, § 4846; Code 2002, § 38-67. Ord. No. 01-5; Ord. No. 06-10)

5.100.080 License renewal and expiration.
(a) Renewal of License. A Tobacco Retailer License is invalid unless the appropriate fee has been paid in full and the term of the License has not expired. The term of a Tobacco Retailer License is one year. Each Tobacco Retailer shall apply for the renewal of their Tobacco Retailer License and submit the License fee no later than thirty (30) days prior to expiration of the term.
(b) Expiration of License. A Tobacco Retailer License that is not timely renewed shall expire at the end of its term.

To reinstate a License that has expired, or to renew a License not timely renewed pursuant to subparagraph (a), the Proprietor must follow the application procedures set forth in Concord Municipal Code Section 5.100.060. (Code 1965, § 4847; Code 2002, § 38-68. Ord. No. 01-5; Ord. No. 06-10)

5.100.090 Licenses nontransferable.
(a) A Tobacco Retailer License may not be transferred from one Person to another or from one location to another.

Whenever a Tobacco Retailer has a change in Proprietors or location, a new Tobacco Retailer License is required.

Hookah lounges are no longer permitted in the City and so their associated Tobacco Retailer Licenses cannot be transferred from one location to another.
(b) Notwithstanding any other provision of this Chapter, prior violations at a location shall continue to be counted against a location and License ineligibility periods shall continue to apply to a location unless:
(1) The location has been fully transferred to a new Proprietor or fully transferred to entirely new Proprietors. (Code 1965, § 4848; Code 2002, § 38-69. Ord. No. 01-5; Ord. No. 06-10)

5.100.100 Fees for License.

The fee to issue or to renew a Tobacco Retailer License shall be established in the Resolution Establishing Various Municipal Fees and Charges. The fee shall be calculated so as to recover the total cost of both License administration and License enforcement, including, issuing the License, administering the License Program, retailer education, retailer inspection and compliance checks, documentation of violations, and prosecution of violators, but shall not exceed the cost of the regulatory Program authorized by this Chapter. All fees shall be used exclusively to fund the Program. Fees are nonrefundable except as may be required by law. (Code 1965, § 4849; Code 2002, § 38-70. Ord. No. 01-5; Ord. No. 06-10)

5.100.110 Other requirements and prohibitions.
(a) Lawful business operation. In the course of Tobacco Retailing or in the operation of the business or maintenance of the location for which a License issued, it shall be a violation of this Chapter for a Licensee, or any of the Licensee’s agents or employees, to:
(1) Violate any local, state, or federal law applicable to Tobacco Products, Tobacco Paraphernalia, or Tobacco Retailing.
(2) Violate any local, state, or federal law regulating exterior, storefront, window, or door signage including with respect to Tobacco, Tobacco Products, Tobacco Paraphernalia or advertising thereof. (3) Violate any local, state, or federal law regulating Display of Tobacco, Tobacco Products, or Tobacco Paraphernalia.
(b) Display of License. Each Tobacco Retailer License shall be prominently displayed in a publicly visible location at the Licensed location.
(c) Positive identification required. No Person engaged in Tobacco Retailing shall Sell or transfer a Tobacco Product or Tobacco Paraphernalia to another Person who appears to be under the age of twenty-seven (27) years without first examining the identification of the recipient to confirm that the recipient is at least the minimum age under state law to purchase and possess the Tobacco Product or Tobacco Paraphernalia. (d) Minimum age for Persons Selling Tobacco. No individual who is younger than the minimum age established by state law for the purchase or possession of Tobacco Products shall engage in Tobacco Retailing. (e) Minimum Legal Sales Age. No Person engaged in Tobacco Retailing shall Sell a Tobacco Product to any individual under 21 years of age.
(f) On-Site Sales. All Sales of Tobacco Products shall be conducted in-person in the Licensed location. It shall be a violation of this Chapter for any Tobacco Retailer or any of their agents or employees to engage in the Delivery Sale of Tobacco Products or to knowingly or recklessly Sell or provide Tobacco Products to any Person that engages in or intends to engage in the Delivery Sale of the Tobacco Product in the City.

5.100.115 Tobacco Product pricing and packaging.

(a) Packaging and Labeling. No Tobacco Retailer shall Sell any Tobacco Product to any consumer unless the Tobacco Product: (1) is Sold in the Manufacturer’s packaging intended for Sale to consumers; and (2) conforms to all applicable state and federal labeling requirements. (b) Indication of Price. The price of each Tobacco Product Sold or Displayed shall be clearly and conspicuously indicated on the Tobacco Product or on any related shelving, posting, or advertising at the location where the item is Sold or Displayed.
(c) Tobacco Samples or Promotional Items. It is unlawful for any Person to Sell free or nominally priced Tobacco Products or Tobacco Paraphernalia.
(d) Prohibition of Tobacco Coupons or Discounts. No Tobacco Retailer shall:
(1) Honor or redeem, or offer to honor or redeem, a Coupon to allow a consumer to purchase a Tobacco Product or Tobacco Paraphernalia for less than the Full Retail Price; (2) Sell any Tobacco Product or Tobacco Paraphernalia to a consumer through a multiple-package discount or otherwise provide any such product to a consumer for less than the Full Retail Price in consideration for the purchase of any Tobacco Product, Tobacco Paraphernalia, or any other item; or (3) Provide any free or discounted item to a consumer in consideration for the purchase of any Tobacco Product or Tobacco Paraphernalia.
(e) Minimum Package Size and Price Requirements for Cigars. No Tobacco Retailer shall Sell:
(1) Any Cigar unless it is Sold in a package of at least 10 Cigars. (2) Cigars at a price that is less than $10.00 per package, including all applicable taxes and fees. (3) This subsection shall not apply to the Sale of a single Cigar that has a price of at least $10.00, including all applicable taxes and fees.
(f) Minimum Package Size and Price Requirements for Cigarettes. No Tobacco Retailer shall Sell:
(1) Any Cigarette unless it is Sold in a package of at least 20 Cigarettes. (2) Cigarettes at a price that is less than $10.00 per package of 20 Cigarettes, including all applicable taxes and fees;
(g) Adjustment of Minimum Price. The prices established in this section may be adjusted automatically by the Department in proportion with the Consumer Price Index, using a system established by the Department: all urban consumers for all items for the San Francisco-Oakland-Hayward statistical area as reported by the United States Bureau of Labor Statistics or any successor to that index. (Code 1965, § 4850; Code 2002, § 38-71. Ord. No. 01-5; Ord. No. 06-10)

5.100.120 Compliance monitoring.
(a) Compliance with this Chapter shall be monitored by the Department and any other City Department, company, or Person designated by the Department to enforce or administer the provisions of this Chapter. Any peace officer may enforce the penal provisions of this Chapter.
(b) Compliance checks shall determine, at a minimum, if the Tobacco Retailer is conducting business in a manner that complies with Tobacco laws regulating youth access to Tobacco. When appropriate, the compliance check shall determine compliance with other laws applicable to Tobacco Retailing. (Code 1965, § 4851; Code 2002, § 38-72. Ord. No. 01-5; Ord. No. 06-10)

5.100.130 Revocation of License.
(a) Grounds for Revocation. A Tobacco Retailer License may be revoked on any of the following grounds:
(1) One or more of the grounds for denial of a Tobacco Retailer License under Section 5.100.060 existed either when a License application was made or before the Tobacco Retailer License was issued; (2) The Tobacco Retailer License fee is unpaid;
(3) The Tobacco Retailer License has been transferred in violation of Section 5.100.090; or (4) The Tobacco Retailer has violated any section of this Chapter, or any state or federal Tobacco-related laws. (b) Notice of revocation hearing. If any grounds for revocation exist, the Police Department may issue a notice of revocation hearing. A notice of revocation hearing will be served to a Tobacco Retailer and will include all of the following information:
(1) The address or a definite description of the location where the Tobacco Retailer License is issued; (2) The grounds for revocation;
(3) The date of the Revocation Hearing before the City Manager. The notice of Revocation Hearing will set the hearing date no sooner than twenty days and no later than forty-five days following the date the notice of revocation hearing is served.
(c) Revocation hearing. A Tobacco Retailer License may be revoked by the City Manager, after a Tobacco Retailer License revocation hearing. At the hearing, the Licensee will be given the opportunity to testify and to present evidence concerning the grounds set forth in the notice of revocation hearing. After considering the testimony and evidence submitted at the hearing, the City Manager, will issue a written decision to revoke or not revoke the License and will list in the decision the reason or reasons for that decision. The written decision will be served as specified in Section 5.100.190. The City Manager’s decision is final. (d) Final order. The Tobacco Retailer License revocation becomes a final administrative order at one of the following times:
(1) On the date of the revocation hearing, if a Tobacco Retailer fails to appear at a scheduled revocation hearing;
(2) On the date of the decision by the City Manager, if a Tobacco Retailer appears at a scheduled appeal hearing before the City Manager.
(e) Revocation of License issued in error. A Tobacco Retailer License shall be revoked if the Department finds, after the License is afforded reasonable notice and an opportunity to be heard, that one or more of the bases for denial of a License under Section 5.100.060 existed at the time application was made or at any time before the License issued. The hearing officer’s decision shall be final. (f) Resubmittal Prohibited Within 12 Months. For a period of 12 months following the revocation of a Tobacco Retailer’s License, no application for the same or substantially similar Tobacco Retailer or Tobacco Retailer License shall be submitted, unless the revocation was made without prejudice, and so stated in the record. (Code 1965, § 4852; Code 2002, § 38-73. Ord. No. 01-5; Ord. No. 06-10)

5.100.140 License suspension.
(a) Grounds for suspension. A Tobacco Retailer License may be suspended for any violation of this Chapter of this code, or any state or federal Tobacco-related laws. (b) Notice of suspension hearing. If any grounds for suspension exist, the Department may issue a notice of suspension hearing. The notice of suspension hearing will be served to a Tobacco Retailer as specified in Section

5.100.190 and will include all of the following information:

(1) The date of the violation;
(2) The address or other description of the location where the violation occurred; (3) The code section(s) violated, or applicable state or federal law violated, and a description of the violation; (4) The time period of the Tobacco Retailer License suspension; (5) The date of the suspension hearing before the City Manager. The notice of suspension hearing will set the hearing date no sooner than twenty days and no later than forty-five days following the date the notice of suspension hearing is served.
(c) Suspension hearing. A Tobacco Retailer License may be suspended by the City Manager, after a Tobacco Retailer License suspension hearing. At the hearing, the Licensee will be given the opportunity to testify and to present evidence concerning the notice of suspension hearing. After considering the testimony and evidence submitted at the hearing, the City Manager will issue a written decision to suspend or not suspend the Tobacco Retailer License. The City Manager will list in the decision the reason or reasons for the decision and will list the time period of the Tobacco Retailer License suspension, if applicable. The written decision will be served as specified in Section 5.100.190. The City Manager’s decision is final. (d) Time period of License suspension.
(1) A Tobacco Retailer License suspension may be up to thirty days for a first violation; (2) A Tobacco Retailer License suspension may be up to ninety days for a second violation occurring within twenty-four months of the first violation;
(3) A Tobacco Retailer License suspension may be up to one year for each subsequent violation occurring within twenty-four months of the most recent prior determination. (e) Final order. The Tobacco Retailer License suspension becomes a final administrative order at one of the following times:
(1) On the date of the suspension hearing, if a Tobacco Retailer fails to appear at a scheduled suspension hearing;
(2) On the date of the decision by the City Manager, if a Tobacco Retailer appears at a scheduled appeal hearing.
(f) During a period of License suspension, the Tobacco Retailer must remove from public view all Tobacco Products.
(Code 1965, § 4853; Code 2002, § 38-74. Ord. No. 01-5; Ord. No. 06-10)

5.100.150 Tobacco Retailing without a License or with a suspended License. (a) In addition to any other penalty authorized by law, if the Department finds or any court of competent jurisdiction determines, after notice and an opportunity to be heard, that any Person has engaged in Tobacco Retailing at a location without a valid Tobacco Retailer License, either directly or through the Person’s agents or employees, the Person shall be ineligible to apply for or be issued a Tobacco Retailing License for that location as follows:
(1) After a first violation of this Chapter at a location within any sixty (60) month period, no new License may issue for the Person at the location until thirty (30) days have passed from the date of the violation. (2) After a second violation of this Chapter at a location within any sixty (60) month period, no new License may issue for the Person at the location until ninety (90) days have passed from the date of the violation.

(3) After a third or subsequent violation of this Chapter at a location within any sixty (60) month period, no new License may issue for the Person at the location until five (5) years have passed from the date of the violation.
(b) In addition to any other penalty authorized by law, if the Department finds or any court of competent jurisdiction determines, after notice and an opportunity to be heard, that any Person has engaged in tobacco retailing at a location with a suspended Tobacco Retailer License, either directly or through the Person’s agents or employees, any suspension period shall be extended or, if the License is no longer suspended, a new suspension period shall be imposed as follows:
(1) After a first violation of this Chapter at a location by Tobacco Retailing with a suspended License within any sixty (60) month period, the License may be suspended for an additional thirty (30) days. (2) After a second violation of this Chapter at a location by Tobacco Retailing with a suspended License within any sixty (60) month period, the License may be suspended for an additional ninety (90) days. (3) After a third or subsequent violation of this Chapter at a location by a Tobacco Retailing with a suspended License within any sixty (60) month period, the License may be revoked and no new License may issue for the Tobacco Retailer at the location until five (5) years have passed from the date of the violation. (c) Tobacco Products, Tobacco Paraphernalia, Hookah, and Hookah Products, Sold or Displayed in violation of this Chapter are subject to seizure and shall be forfeited after the Licensee and any other owner of the Tobacco Products and Tobacco Paraphernalia seized is given reasonable notice and an opportunity to demonstrate that the Tobacco Products and Tobacco Paraphernalia were not Sold or Displayed in violation of this Chapter. The decision may be appealed pursuant to the procedures set forth in Section 5.100.140(c). Forfeited Tobacco Products, Tobacco Paraphernalia, Hookah, and Hookah Products shall be destroyed. (d) Each day after the effective date of this Chapter on which Tobacco Products or Tobacco Paraphernalia are Sold or Displayed in violation of this Chapter shall constitute a violation of this Chapter separate and apart from any other violation of this Chapter.
(Code 1965, § 4854; Code 2002, § 38-75. Ord. No. 01-5; Ord. No. 06-10)

5.100.160 Nuisance and Enforcement.
(a) Any violation of this Chapter is hereby declared to be a public nuisance pursuant to Chapter 8.25 (Neighborhood Preservation), Article I (Public Nuisances).
(b) Causing, permitting, aiding, or abetting a violation of any provision of this Chapter shall constitute a violation of this Chapter. Any violation of this Chapter by an agent or employee of a Tobacco Retailer or Proprietor shall be imputed to the Tobacco Retailer or Proprietor, as determined by the Department. (c) No Person shall intimidate, harass, or otherwise retaliate against any Person who seeks compliance with this Chapter. Moreover, no Person shall intentionally or recklessly expose another Person to smoke in response to that Person’s effort to achieve compliance with this Chapter. (d) No Person or employer shall discharge, refuse to hire, or in any manner retaliate against any Person, employee, or applicant for employment because such Person exercises any rights afforded by this Chapter. (e) Private right of enforcement. Any Person, including a legal entity or organization acting for the interests of itself, its members, or the general public, may bring a civil action to enforce this Chapter by way of a conditional judgment or an injunction to prevent future such violations and may sue to recover such actual or statutory damages as they may prove. In any such action, administrative proceeding, or special proceeding to abate a nuisance, the prevailing party may recover attorneys’ fees.
(f) City discretion. In addition to the civil, criminal, and administrative remedies available, the City Attorney or Chief of Police, in their sole discretion, may abate the violation including under the procedure set forth in Section

8.25.080, may issue citations and fines under Section 8.25.070, and may pursue any and all legal and equitable remedies for the recovery of fines, costs, and/or associated charges owed to the City as set forth in Chapter 8.25

(Neighborhood Preservation), Article I (Public Nuisances). Pursuit of one remedy does not preclude the pursuit of any other remedies until the total fines and abatement charges have been recovered. (g) Nothing in this Chapter shall create a right of action in any Person against the City or its agents to compel City or other public entity enforcement of this Chapter against private parties. Neither the City, any member of the City, or any other officer, official, employee, or agent of the City shall be liable for any Person’s breach of this Chapter, any other breach of this Chapter, or the City’s failure to enforce all or any portion of this Chapter. (Code 1965, § 4855; Code 2002, § 38-76. Ord. No. 01-5; Ord. No. 06-10)

5.100.170 Enforcement of state law regarding Sales to minors.

If a clerk or employee Sells a Tobacco Product to a minor, the Tobacco Retailer shall immediately notify the appropriate local law enforcement agency of the violation of Penal Code § 308 for enforcement under that statute. (Code 1965, § 4856; Code 2002, § 38-77. Ord. No. 01-5; Ord. No. 06-10)

5.100.180 Intent as to additional legal restrictions and remedies.

Nothing in this Chapter is intended to alter the obligations or restrictions that apply to any Person under any other law governing signs, billboards, Tobacco advertising or any other matter covered by this Chapter. The remedies set forth in this Chapter are not exclusive. If any action prohibited by this Chapter is also unlawful under any other law, the penalties and remedies under such other laws may be pursued in addition to those provided in this Chapter. (Code 2002, § 38-78. Ord. No. 06-10)

5.100.190 Service.

All notices or decisions required to be served by this Chapter will be served either by the method specified in subsection (a) or by the method specified in subsection (b). The failure of a Person to receive a properly addressed service shall not affect the validity of the proceedings. (a) Certified mail. Certified mail will be addressed to the Tobacco Retailer at the address shown on the License application. Service is deemed complete upon the deposit of the notice or decision, postage pre-paid, in the United States mail. Simultaneously, the same notice or decision may be sent by regular mail. If a notice or decision sent by certified mail is returned unsigned, then service is deemed effective pursuant to regular mail on the date mailed. (b) Personal service. Personal service is deemed complete on the date the notice or decision is personally served. (Code 2002, § 38-79. Ord. No. 06-10)

5.100.200 Severability; Preemption.

If any provision of this Chapter or its application to any Person or circumstance is declared invalid or unenforceable by a court of competent jurisdiction, this Chapter, to the extent it can be given effect, or the application of this Chapter to Persons other than the Person to whom it is held invalid, shall not be affected thereby, and to this end, the provisions of this Chapter are severable. If any provision of this Chapter or its application to any Person or circumstance is declared invalid or unenforceable by a court of competent jurisdiction, this Chapter, to the extent it can be given effect, or the application of this Chapter to Persons other than the Person to whom it is held invalid, shall not be affected thereby, and to this end, the provisions of this Chapter are severable. If there is any ambiguity in terms of whether the provisions of this Chapter or state or federal law apply, the more stringent shall control. If any provision of this Chapter is preempted by state or federal law, the applicable state or federal law provisions shall apply, and for such purposes are incorporated herein by this reference. (Code 2002, § 38-80. Ord. No. 06-10)

Jurisdiction Best
Practices
Score
Local Tobacco
Retail License
Required
Compliance Check
Frequency
End Flavored
Tobacco
Sales
End E‐
cigarete
Sales
Cigar Minimum Pack
Size
Minimum Price End Tobacco
Coupons
and
Discounting
Tobacco‐
Free
Pharmacies
Licensure Limits on Distance to Other
Uses
Other Retailer
Density Limit
Explicit Non‐
Criminalization of
Youth Around
Tobacco
Year of
Most
Recent
Update
Other notes or regulations Tobacco Retailer  Licensing
Muni Code Reference
Unincorporated Contra
Costa County 7 Yes Not specified Yes Yes 10  little cigars, 10 cigars, 1 cigar if $5 or
more
None No Yes 1000  ft from a school, library,
playground, or park, 500 ft from another
tobacco retailer
Cap of 90
licenses issued
No 2019 Contra Costa  Health Services is a grantee for the California Department of Justice's Tobacco Grant Program for FY 2022‐23 and was also a grantee in the FY 2018‐19 cycle. Contra Costa County Sheriff's Office was a a grantee for the California Department of Justice's Tobacco Grant Program FY 2020‐21 and 2017‐18.

CCCMC 88‐26, 445‐6, 445‐
10 Lafayette 7 Yes At least once per retailer
per 12‐month period,
with violators
reinspected within a 3
month period at their
own cost
Yes No None None Yes Yes None Lesser of 11
licenses or 1
license per
2500 residents
Yes 2019 LMC 5‐9
Richmond
6 Yes Not specified Yes Yes 20  cigars or little
cigars, except that
single cigars costing at
least $5 may be sold
None No Yes No new retailers  within 500 ft of an
existing tobacco retailer, or within 1,000
ft of a school, public playground, park, or
lobrary
No No 2019 Limits on  floor space dedicated to tobacco products in certain retailer types. Richmond Police Department was a grantee for the California Department of Justice's Tobacco Grant Program FY 2017‐

18. RMC 7.106, 7.107
Antioch 5 If retailer found
in violation of
tobacco sales
laws
Not specified Yes Yes 20  little cigars or 6
cigars
$10 per pack of
cigarettes, little
cigars, or cigars
No No 1000  ft from youth areas No No 2022 Limits on  floor space dedicated to tobacco products in certain use areas
AMC 6‐8, 9‐5.3843
San Pablo 4 Yes Not specified Yes No 25 cigarillos,  20 litle cigars, or 6 cigars
$10 per cigar No No None No No 2018 No  smoke shops ("any establishment that either devotes twenty percent or more of sales floor area or product display area to, or derives twenty percent or more of gross sales receipts from, the sale or exchange of tobacco or marijuana paraphernalia and/or tobacco or marijuana products") "shall be established within six hundred feet of any other smoke shop, or any school, licensed day care center, public park or playground, senior citizen facility, or licensed alcohol or drug treatment facility"; the San Pablo Police Department is a grantee for the California Department of Justice's Tobacco Grant Program FY 2022‐23 and was a grantee in FY 2019‐ 20 and 2017‐18 cycles as well.

SPMC 5.06, 17.62.180
Danville 3 Yes Not specified No. Flavored
e‐cigarette
sales are not
allowed as
part of a
Yes None None No No Within 1,000  ft of a school, park, playground, or library; within 500 ft of
another tobacco retailer
No No 2020 Hookah lounges, vapor lounges, significant  tobacco retailing businesses prohibited. Danville Police Department was a grantee for the California Department of Justice's Tobacco Grant Program FY 2017‐18.

DMC 7‐6, 32‐95
El Cerrito 3 Yes "Reasonable efforts" to
visit once during the first
12 months of licensure
and periodically
thereafter
Menthol
cigarette
sales allowed,
all other
flavored
No 5 cigars,  1 cigar if $5
or more
None No No Within 500 ft of a library; or of a public
or private kindergarten, elementary,
middle, jr jigh, or high school; Wihtin
1,000 ft of an existing tobacco retailer
No No 2015 Significant  tobacco
retailers prohibited ECMC 6.100
Oakley 3 Yes Not specified No No None None No No No new retailers  within 1,000 ft of a school, playground, park, library, or bus
stop serving a school site, or within 500
ft of another retailer
No more than
25 licenses
may be issued
Only for youth
decoys
participating in
enforcement
operations
2018 Hookah lounges, vapor lounges, and  significant tobacco retailers prohibited. Oakley Police Department was a grantee for the California Department of Justice's Tobacco Grant Program FY 2017 ‐

18. OMC 5.14, OMC 9.1.1234
Pinole 3 Yes Prior to issuance,
otherwise not specified
Menthol
cigarette
sales allowed,
all other
No 5 cigars and little
cigars, except single
cigars costing at least
$5 may be sold
$10 per pack of
cigars or little cigars
No No None No No 2019 City  of Pinole was a grantee for the California Department of Justice's Tobacco Grant Program FY 2021‐22 and FY 2020‐21 PMC 9.30
Moraga
2 No Not specified Yes Yes None None No No None No No 2022 Moraga  Police Department was a grantee for the California Department of Justice's Tobacco Grant Program FY 2021‐22 MMC 7.24
Orinda 2 If retailer has
been found in
violation of
tobacco sales
laws
Not specified Yes Yes None None No No None No No 2022 Ordinance No. 22‐01, adopted 5/17/22 but not
yet codified
https://library.municode.co
m/ca/orinda/ordinances/co
Attachment 2

Pleasant Hill (adopted
2022; effective 1/1/23) 2 If retailer has
been found in
violation of
tobacco sales
laws
Not specified Flavored
loose leaf
tobacco and
cigars
allowed;
flavored
tobacco sales
may be
generally
allowed in a
Yes 20 little  cigars or 10
cigars, except single
cigars costing at least
$7.50 may be sold
None No No None No No 2022 PMC 9.45
Clayton
1 Yes Not specified No No None None No No None No No Not clear; pre‐2016
CMC 8‐16
San Ramon 1 Yes Not specified No No None None No No None No No 2019 In  Summer 2022, San Ramon Teen Council formed an ad hoc committee to consider additional tobacco‐related policies (see August 16, 2022 agenda). As of the November 15, 2022 meeting, it appears the Teen Council is still receiving information on possible updates.

SRMC B6‐77
Walnut Creek 1 If retailer has
been found in
violation of
tobacco sales
laws
Not specified Flavored
loose leaf
tobacco and
cigars
allowed;
flavored
tobacco sales
may be
generally
allowed in a
Yes None None No No None No No 2022 WCMC 4‐15, 5‐4
Brentwood
0 No Not specified No No None None No No None No No N/A Moratorium  on new smoke shops, last extended 10/25/22 10/25/22  minutes/agenda packet
http://brentwoodca.iqm2.c
Hercules 0 No Not specified No No None None No No None No No N/A New  smoke shops and tobacco stores (n.b. excludes "any grocery store, supermarket, convenience store or similar retail use that only sells conventional cigars, cigarettes or tobacco as an ancillary sale") must be 300 ft from schools, day care homes, child care facilities, youth centers, community centers, recreational facility, park, church, hospital, or other area where children regularly gather, or 500 ft from another smoke shop or tobacco store HMC Sec 5‐6
Martinez 0 If retailer found
in violation of
tobacco sales
laws
Not specified No No None None No No None No No 2001 Martinez  Police Department was a grantee for the California Department of Justice's Tobacco Grant Program FY 2021‐22 MMC 8.06
Pittsburg 0 If retailer has
been found in
violation of
tobacco sales
laws
Not specified No No None None No No None No No 1999 At  the June 7, 2021 meeting of the Pittsburg City Council, that body unanimously adopted an item that included hiring a consultant to look at updates to the city's tobacco policies. Public updates since that consideration item were not found during a search of the recent council meeting packets. Pittsburg Police Department was a grantee for the California Department of Justice's Tobacco Grant Program FY 2021‐22 and 2017‐18 cycles.

PMC 5.68

Chapter 5.100

TOBACCO RETAILERSRETAILER LICENSE PROGRAM
Sections:

5.100.010 Definitions.

5.100.020 Self- service displaysService Displays prohibited.

5.100.030 Vendor assistance required.

5.100.040 Tobacco retailer licenseRetailer License required.

5.100.050 Limits on tobacco retailer licensesTobacco Retailer Licenses.

5.100.060 Application procedure.

5.100.070 Issuance of licenseLicense.

5.100.080 License renewal and expiration.

5.100.090 Licenses nontransferable.

5.100.100 Fees for licenseLicense.

5.100.110 Other requirements and prohibitions.

5.100.115 Tobacco Prod uct pricing and packaging.

5.100.120 Compliance monitoring.

5.100.130 Revocation of licenseLicense.

5.100.140 License suspension.

5.100.150 Tobacco retailingRetailing without a licenseLicense or with a suspended licenseLicense.

5.100.160 Nuisance and Enforcement.

5.100.170 Enforcement of state law regarding salesSales to minors.

5.100.180 Intent as to additional legal restrictions and remedies.

5.100.190 Service.

5.100.200 Severability; Preemption .

5.100.010 Definitions.

As used under this articleChapter, the following terms shall have the following meanings unless otherwise indicated from the context:

Area which minorsWhich Minors Frequent shall mean any. Any public or private kindergarten, elementary, middle school, junior high, or high school, preschool, public library, public playground or playground area in a public park and the Concord Pavilion located at 2000 Kirker Pass Road.

Cigar. (1) Any roll of Tobacco other than a Cigarette wra pped entirely or in part in Tobacco or any substance containing Tobacco; and (2) any paper or wrapper that contains Tobacco and can be used for Smoking or ingestion of Tobacco, marijuana, or other plant products. For the purposes of this subsection, “Cigar” includes, but is not limited to, Tobacco Products known or labeled as Cigar, Cigarillo, little Cigar, blunt, blunt wrap, or Cigar wrap.

Cigarette. (1) Any roll of Tobacco wrapped in paper or in any substance not containing Tobacco; and (2) any roll of Tobacco wrapped in any substance containing Tobacco which, because of its appearance, the type of Tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a Cigarette described herein.

City Manager means the. The Concord City Manager, or his or hertheir designee.

Coupon. Any voucher, rebate, card, paper, note, form, statement, ticket, image, or other issue, whether in paper, digital, or other form, used for commercial purposes to obtain an article, product, service, or accommodation without charge or at a discounted price.

Delivery Sale. The Sale of any Tobacco Product to any Person for personal consumption and not for resale when the Sale is conducted by any means other than an in-person, over-the-counter Sales transaction in a Tobacco retail establishment. Delivery Sale includes the Sale of any Tobacco Product when the Sale is conducted by telephone, other voice transmission, mail, the internet, any app-based service, or any other delivery (whether by Licensees or third parties) by any means, including curbside pick-up.

Attachment 3

Department. The City of Concord Police Department and any other City department, company, or Person designated by the Department to enforce or administer the provisions of this Chapter.

Display. The open, visible, or public display of any Tobacco Products or Tobacco Paraphernalia.

Electronic Smoking Device. Any device that may be used to deliver any aerosolized or vaporized substance to any individual inhaling from the device, including, but not limited to, an e-Cigarette, e-Cigar, e-pipe, vape pen, or e- Hookah. Electronic Smoking device in cludes any component, part, or accessory of the device, and any substance that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine. Electronic Smoking device does not include drugs, devices, or combination products authorized for Sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act.

Flavored Tobacco Product. Any Tobacco Product that contains a taste or smell, other than the taste or smell of Tobacco, that is distinguishable by an ordinary consumer either prior to, or during the consumption of, a Tobacco Product, including, but not limited to, any taste or smell relating to fruit, menthol, mint, wintergreen, chocolate, cocoa, vanilla, honey, molasses, or any candy, dessert, alcoholic beverage, herb, or spice. The term Flavored Tobacco Product includes the term Presumptive Flavored Tobacco Product.

Full Retail Price. The price listed for a Tobacco Product on its packaging or on any related shelving, advertising, or Display where the Tobacco Product is Sold, plus all applicable taxes and fees if such taxes and fees are not included in the listed price.

Hookah or Hookah Pipe. A water pipe with a flexible hose(s) and mouthpiece(s) used to smoke specially made Flavored Tobacco Products.

Hookah Product. Any Flavored Tobacco Product intended for use in Hookahs.

Manufacturer. Any Person, including any repacker or relabe ler, who manufactures, fabricates, assembles, processes, or labels a Tobacco Product; or imports a finished Tobacco Product for Sale in or into the United States.

Mobile Vending or Moveable Place of Business. Any form of business that is operated out of a kiosk, truck, van, automobile or other type of vehicle or transportable shelter and not a fixed address store front or other permanent type of structure authorized for Sales transactions. The terms Mobile Vending and Moveable Place of Business include the term Delivery Sale.

Person. Any individual , firm, partnership, cooperative association, public or private corporation, personal representative, receiver, trustee, assignee, parent, successor, or other legal entity.

Self-service display Presumptive Flavored Tobacco Product. A public statement or claim made or disseminated by the Manufacturer of a Tobacco Product or Tobacco Paraphernalia, or by any Person authorized or permitted by the Manufacturer to make or disseminate public statements concerning such Tobacco Product Tobacco Paraphernalia, that such Tobacco Product has, or the Tobacco Paraphernalia imparts, a taste or smell other than Tobacco shall constitute presumptive evidence that the Tobacco Product is a Flavored Tobacco Product.

Program. The Tobacco Retailer License Program established pursuant to this Chapter.

Proprietor. A Person with an ownership or managerial interest in a business. An ownership interest shall be deemed to exist when a Person has a 10% or greater interest in the stock, assets, or income of a business other than the sole interest of security for debt. A managerial intere st shall be deemed to exist when a Person has or shares ultimate control over the day-to-day operations of a business.

Sale or Sell or Sold. Any transfer, exchange, barter, gift, exchange, sale, distribution, or offer of Tobacco Products or Tobacco Paraphernalia for a commercial purpose, in any manner or by any means the openwhatsoever, including free or low cost samples thereof.

Self-Service Display. The open, visible, or public display of tobacco products or tobacco paraphernaliaany Tobacco Products or Tobacco Paraphernalia in a manner that is accessible to the general public without the assistance of the

retailerTobacco Retailer or employee of the retailer.Tobacco Retailer. A vending machineVending Machine is a form of self-service displaySelf-Service Display.

Tobacco paraphernalia means cigaretteSmoking. Inhaling, exhaling, burning, or carrying any lighted or heated Cigar, Cigarette, or pipe, or any other lighted or heated product containing, made, or derived from nicotine, tobacco, or any Tobacco Product, whether natural or synthetic, that is intended for inhalation. “Smoking” includes using an Electronic Smoking Device.

Tobacco Paraphernalia. Cigarette papers or wrappers, pipes, holders of smokingSmoking materials of all types, cigaretteCigarette rolling machines, and any other item designed for the smokingSmoking, preparation, storing, or consumption of tobacco productsTobacco Products.

Tobacco product meansProduct. (1) anyAny substance containing tobacco, tobacco leaf or nicotine, including but not limited to cigarettes, cigarsCigarettes, Cigars, pipe tobacco, hookahHookah tobacco, snuff, chewing tobacco, dipping tobacco, bidis, or any other preparation of tobacco; and (2) any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body, but(2) any Electronic Smoking Device and any substances that may be aerosolized or vaporized by such device to inhale substances containing nicotine; and/or (3) any component, part, or accessory of (1) or (2) including but not limited to filters, rolling papers, blunt or hemp wraps, Hookahs, mouthpieces, and pipes. Tobacco Product does not include any product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco product dependence. Tobacco Product includes any Flavored Tobacco Pr oduct. To the extent any Hookah lounge Sells or Display any Hookah or Hookah Products for offsite use or consumption, such Tobacco Products, or Tobacco Paraphernalia for off-site use or consumption, such Hookah or Hookah Products shall be deemed to be included in the definitions of Tobacco Products and Tobacco Paraphernalia.

Tobacco retailer means any personRetailer. Any Person who sellsSells, offers for saleSale, or does or offers to exchange for any form of consideration, tobacco, tobacco products, or tobacco paraphernalia, or who distributes free or low cost samples of tobacco products or tobacco paraphernaliaTobacco, Tobacco Products, or Tobacco Paraphernalia, or who Sells free or low cost samples of Tobacco Products or Tobacco Paraphernalia. Tobacco Retailer includes a Proprietor (as defined above), and any agent or employee of a Tobacco Retailer or Proprietor.

Except as expressly provided in Section 5.100.050(a)(6), the term Tobacco Retailer includes Hookah lounges.

Tobacco retailing shall mean the Tobacco Retailer License or License. A City of Concord License issued by the Department to a Tobacco Retailer pursuant to this Chapter.

Tobacco Retailing. The doing of any of these things. This definition is without regard to the quantity of tobacco, tobacco products, or tobacco paraphernalia sold, offered for sale, exchanged, or offered for exchangeTobacco Products, or Tobacco Paraphernalia Sold or Displayed.

Vending Machine. Any electronic or mechanical device or appliance the operation of which depends upon the insertion of money, whether in coin, paper bill, or other thing representative of value, which dispenses or releases a Tobacco Product and/or Tobacco Paraphernalia.
(Code 1965, § 4840; Code 2002, § 38-61. Ord. No. 01-5; Ord. No. 06-10)

5.100.020 Self- service displaysService Displays prohibited.

It shall be unlawful for any personPerson within the cityCity to offer, or engage in tobacco retailingTobacco Retailing by means of, a self-service displaySelf-Service Display. (Code 1965, § 4841; Code 2002, § 38-62. Ord. No. 01-5; Ord. No. 06-10)

5.100.030 Vendor assistance required.

All tobacco productsTobacco Products and Tobacco Paraphernalia shall be offered for saleSold exclusively by means of vendor assistance. Tobacco productsProducts and Tobacco Paraphernalia shall be located exclusively in a locked case, located behind counters out of reach from customers, or in a similar location that is inaccessible to

customers, requiring vendor assistance for the customer to obtain access to the tobacco productsTobacco Products and Tobacco Paraphernalia.
(Code 1965, § 4842; Code 2002, § 38-63. Ord. No. 01-5; Ord. No. 06-10)

5.100.040 Tobacco retailer licenseRetailer License required. (a) It shall be unlawful for any personPerson to act as a tobacco retailerTobacco Retailer without first obtaining and maintaining a valid tobacco retailer’s licenseTobacco Retailer License pursuant to this articleChapter for each location at which that activity is to occur. Tobacco retailingRetailing without a valid tobacco retailer’s licenseTobacco Retailer License is a public nuisance.
(b) A tobacco retailerTobacco Retailer or proprietorProprietor without a valid tobacco retailer licenseTobacco Retailer License, including a personPerson whose licenseLicense has been revoked or suspended:
(1) Shall keep all tobacco productsTobacco Products and tobacco paraphernaliaTobacco Paraphernalia out of public view. The public displayDisplay of tobacco productsTobacco Products or tobacco paraphernaliaTobacco Paraphernalia in violation of this provision shall constitute tobacco retailingTobacco Retailing without a licenseLicense under Section 5.100.090(a). (2) Shall not Display or Sell any Tobacco Products or Tobacco Paraphernalia. (c) Nothing in this articleChapter shall be construed to grant any personPerson obtaining and maintaining a tobacco retailer’s licenseTobacco Retailer License any status or right other than the limited privilege to act as a tobacco retailerTobacco Retailer at the location in the cityCity identified on the face of the permit and for the period of time designated. This articleChapter shall not be construed to render inapplicable, supersede, or apply in lieu of, any other provision of applicable law, including but not limited to, any provision of this Code, or any condition or limitation on smokingSmoking in an enclosed place of employment pursuant to California Labor Code Section 6404.5.
(Code 1965, § 4843; Code 2002, § 38-64. Ord. No. 01-5; Ord. No. 06-10)

5.100.050 Limits on tobacco retailer licensesTobacco Retailer Licenses. (a) Prohibitions.
(1) Self-Service Displays are expressly prohibited.
(2) Mobile Vending and Moveable Places of Business are expressly prohibited. No licenseLicense may issue to authorize tobacco retailingTobacco Retailing at other than a fixed location. No Tobacco retail License will be issued to a Tobacco Retailer who intends to or does engage in Mobile Vending, has or intends to have a Moveable Place of Business, or who intends to or does offer Self-Service Displays. (3) Flavored Tobacco Products Proh ibited. It shall be unlawful fo r any Tobacco Retailer to Sell or possess with intent to Sell any Flavored Tobacco Product. (4) Electronic Smoking Devices Prohibited. It shall be unlawf ul for any Tobacco Retailer to Sell or possess with intent to Sell any Electronic Smoking Device. (5) Coupons are expressly prohibited.
(6) Hookah lounges are expressly prohibited from selling Hookah, Hookah Products, Tobacco Products, or Tobacco Paraphernalia for off-site use or consumption. The legal, non-conforming uses located at 3425 Chestnut and 1120 Contra Costa Boulevard may sell Hookah Products strictly for on-site used and consumption at such premises, so long as their respective Tobacco Retailer Licenses are continuously maintained in good standing, as determined by the Department. (Code 1965, § 4844; Code 2002, § 38-65. Ord. No. 01-5; Ord. No. 06-10)

5.100.060 Application procedure.
(a) Applications for a tobacco retailer’s licenseTobacco Retailer License shall be submitted in the name of each proprietorProprietor proposing to conduct retail tobacco salesSales and shall be signed by each proprietorProprietor or an authorized agent thereof.
(b) It is the responsibility of each proprietorProprietor to be informed regarding all laws applicable to tobacco retailingTobacco Retailing, including those laws affecting the issuance of a tobacco retailer’s license.Tobacco Retailer License. No proprietorProprietor may rely on the issuance of a licenseLicense as a determination by the cityCity that the proprietorProprietor has complied with all laws applicable to tobacco retailing.Tobacco Retailing.

A licenseLicense issued contrary to this articleChapter, contrary to any other law, or on the basis of false or misleading information supplied by a proprietorProprietor shall be revoked pursuant to Section 5.100.130 of this article.Chapter. Nothing in this articleChapter shall be construed to vest in any personPerson obtaining and maintaining a tobacco retailer’s licenseTobacco Retailer License any status or right to act as a tobacco retailerTobacco Retailer in contravention of any provision of law. (c) All applications shall be submitted on a form supplied by the department andDepartment and will be verified and processed by the Finance Department, Business Licensing. It shall contain the following information:
(1) The name, address, and telephone number of each proprietorProprietor of the business that is seeking a licenseLicense.
(2) The business name, address, and telephone number of the single fixed location for which a licenseLicense is sought.
(3) A single name and mailing address authorized by each proprietorProprietor to receive all communications and notices (the “Authorized Address”) required by, authorized by, or convenient to the enforcement of this article.Chapter. If an authorized address is not supplied, each proprietorProprietor shall be understood to consent to the provision of notice at the business address specified in subparagraph (2) above. (4) Proof that the location for which a tobacco retailer’s licenseTobacco Retailer License is sought has been issued a valid state tobacco retailer’s licenseLicense by the California Board of Equalization. (5) Whether or not any proprietorProprietor has admitted violating, or has been found to have violated, this articleChapter or whose proprietorship has admitted violating, or has been found to have violated, this articleChapter, and, if so, the dates and locations of all such violations within the previous six years. (6) Such other information as the departmentDepartment deems necessary for the administration or enforcement of this articleChapter.
(7) All information required to be submitted in order to apply for a tobacco retailer’s licenseTobacco Retailer License shall be updated with the departmentDepartment whenever the information changes. A tobacco retailerTobacco Retailer shall provide the departmentDepartment with any updates within ten (10) business days of a change.
(Code 1965, § 4845; Code 2002, § 38-66. Ord. No. 01-5; Ord. No. 06-10)

5.100.070 Issuance of licenseLicense.

Upon the receipt of an application for a tobacco retailer’s licenseTobacco Retailer License and the licenseLicense fee required by this articleChapter, the departmentDepartment shall issue a licenseLicense unless substantial evidence demonstrates that one or more of the following bases for denial exists:
(a) The information presented in the application is incomplete, inaccurate, or false. Intentionally supplying inaccurate or false information shall be a violation of this articleChapter. (b) The application seeks authorization for tobacco retailingTobacco Retailing for a proprietorProprietor to whom this articleChapter prohibits a licenseLicense to be issued.

(c) The application seeks authorization for tobacco retailingTobacco Retailing that is prohibited pursuant to this articleChapter, that is unlawful pursuant to this code which includes but is not limited to the city’sCity’s zoning ordinance, building codes, and business licenseLicense tax ordinance, or that is unlawful pursuant to any other law. (d) Failure to pay an outstanding fine.
(Code 1965, § 4846; Code 2002, § 38-67. Ord. No. 01-5; Ord. No. 06-10)

5.100.080 License renewal and expiration.
(a) Renewal of license.License. A tobacco retailer licenseTobacco Retailer License is invalid unless the appropriate fee has been paid in full and the term of the licenseLicense has not expired. The term of a tobacco retailer licenseTobacco Retailer License is one year. Each tobacco retailerTobacco Retailer shall apply for the renewal of his or her tobacco retailer’s licensetheir Tobacco Retailer License and submit the licenseLicense fee no later than thirty (30) days prior to expiration of the term.
(b) Expiration of license.License. A tobacco retailer’s licenseTobacco Retailer License that is not timely renewed shall expire at the end of its term. To reinstate a licenseLicense that has expired, or to renew a licenseLicense not timely renewed pursuant to subparagraph (a), the proprietorProprietor must follow the application procedures set forth in Concord Municipal Code Section 5.100.060.
(Code 1965, § 4847; Code 2002, § 38-68. Ord. No. 01-5; Ord. No. 06-10)

5.100.090 Licenses nontransferable.
(a) A tobacco retailer’s licenseTobacco Retailer License may not be transferred from one personPerson to another or from one location to another. Whenever a tobacco retailing locationTobacco Retailer has a change in proprietorsProprietors or location, a new tobacco retailer’s licenseTobacco Retailer License is required. H o o k a h lounges are no longer permitted in the City and so their associated Tobacco Retailer Licenses cannot be transferred from one location to another.
(b) Notwithstanding any other provision of this articleChapter, prior violations at a location shall continue to be counted against a location and licenseLicense ineligibility periods shall continue to apply to a location unless:
(1) The location has been fully transferred to a new proprietorProprietor or fully transferred to entirely new proprietorsProprietors.
(Code 1965, § 4848; Code 2002, § 38-69. Ord. No. 01-5; Ord. No. 06-10)

5.100.100 Fees for licenseLicense.

The fee to issue or to renew a tobacco retailer’s licenseTobacco Retailer License shall be established in the Resolution Establishing Various Municipal Fees and Charges. The fee shall be calculated so as to recover the total cost of both licenseLicense administration and licenseLicense enforcement, including, issuing the licenseLicense, administering the license programLicense Program, retailer education, retailer inspection and compliance checks, documentation of violations, and prosecution of violators, but shall not exceed the cost of the regulatory programProgram authorized by this article.Chapter. All fees shall be used exclusively to fund the program.Program. Fees are nonrefundable except as may be required by law. (Code 1965, § 4849; Code 2002, § 38-70. Ord. No. 01-5; Ord. No. 06-10)

5.100.110 Other requirements and prohibitions.
(a) Lawful business operation. In the course of tobacco retailingTobacco Retailing or in the operation of the business or maintenance of the location for which a licenseLicense issued, it shall be a violation of this articleChapter for a licenseeLicensee, or any of the licensee’sLicensee’s agents or employees, to:
(1) Violate any local, state, or federal law applicable to tobacco products, tobacco paraphernaliaTobacco Products, Tobacco Paraphernalia, or tobacco retailingTobacco Retailing. (2) Violate any local, state, or federal law regulating exterior, storefront, window, or door signage including with respect to Tobacco, Tobacco Products, Tobacco Paraphernalia or advertising thereof.

(3) Violate any local, state, or federal law regulating Display of Tobacco, Tobacco Products, or Tobacco Paraphernalia.
(b) Display of license.License. Each tobacco retailer licenseTobacco Retailer License shall be prominently displayed in a publicly visible location at the licensedLicensed location. (c) Positive identification required. No personPerson engaged in tobacco retailingTobacco Retailing shall sellSell or transfer a tobacco product or tobacco paraphernaliaTobacco Product or Tobacco Paraphernalia to another personPerson who appears to be under the age of twenty-seven (27) years without first examining the identification of the recipient to confirm that the recipient is at least the minimum age under state law to purchase and possess the tobacco product or tobacco paraphernaliaTobacco Product or Tobacco Paraphernalia. (d) Minimum age for Persons Selling Tobacco. No personindividual who is younger than the minimum age established by state law for the purchase or possession of tobacco productsTobacco Products shall engage in tobacco retailingTobacco Retailing.
(e) Minimum Legal Sales Age. No Person engaged in Tobacco Reta iling shall Sell a Tobacco Product to any individual under 21 years of age.
(f) On-Site Sales. All Sales of Tobacco Products shall be conducted in-person in the Licensed location. It shall be a violation of this Chapter for any Tobacco Retailer or any of their agents or employees to engage in the Delivery Sale of Tobacco Products or to knowingly or recklessly Sell or provide Tobacco Products to any Person that engages in or intends to engage in the Delivery Sale of the Tobacco Product in the City.

5.100.115 Tobacco Product pricing and packaging.
(a) Packaging and Labeling. No Tobacco Retailer shall Sell any Tob acco Product to any consumer unless the Tobacco Product: (1) is Sold in the Manufacturer’s packaging intended for Sale to consumers; and (2) conforms to all applicable state and federal labeling requirements. (b) Indication of Price. The price of each Tobacco Product Sold or Displayed shall be clearly and conspicuously indicated on the Tobacco Product or on any related shelving, posting, or advertising at the location where the item is Sold or Displayed.
(c) Tobacco Samples or Promotional Items. It is unlawful for any Person to Sell free or nominally priced Tobacco Products or Tobacco Paraphernalia.
(d) Prohibition of Tobacco Coupons or Discounts. No Tobacco Retailer shall:
(1) Honor or redeem, or offer to honor or redeem, a Coupon to allow a consumer to purchase a Tobacco Product or Tobacco Paraphernalia for less than the Full Retail Price; (2) Sell any Tobacco Product or Tobacco Paraphernalia to a consumer through a multiple-package discount or otherwise provide any such product to a consumer for less than the Full Retail Price in consideration for the purchase of any Tobacco Product, Tobacco Paraphernalia, or any other item; or (3) Provide any free or discounted item to a consumer in consideration for the purchase of any Tobacco Product or Tobacco Paraphernalia.
(e) Minimum Package Size and Price Requirements for Cigars. No Tobacco Retailer shall Sell:
(1) Any Cigar unless it is Sold in a package of at least 10 Cigars. (2) Cigars at a price that is less than $10.00 per package, including all applicable taxes and fees. (3) This subsection shall not apply to the Sale of a single Cigar that has a price of at least $10.00, including all applicable taxes and fees.
(f) Minimum Package Size and Price Requirements for Cigarettes. No Tobacco Retailer shall Sell:

(1) Any Cigarette unless it is Sold in a package of at least 20 Cigarettes. (2) Cigarettes at a price that is less than $10.00 per package of 20 Cigarettes, including all applicable taxes and fees;
(g) Adjustment of Minimum Price. The prices established in this section may be adjusted automatically by the Department in proportion with the Consumer Price Index, using a system established by the Department: all urban consumers for all items for the San Francisco-Oakland-Hayward statistical area as reported by the United States Bureau of Labor Statistics or any successor to that index. (Code 1965, § 4850; Code 2002, § 38-71. Ord. No. 01-5; Ord. No. 06-10)

5.100.120 Compliance monitoring.
(a) Compliance with this articleChapter shall be monitored by the Concord Police Department and any other designee ofCity Department, company, or Person designated by the City Manager.Department to enforce or administer the provisions of this Chapter. Any peace officer may enforce the penal provisions of this articleChapter.
(b) Compliance checks shall determine, at a minimum, if the tobacco retailerTobacco Retailer is conducting business in a manner that complies with tobaccoTobacco laws regulating youth access to tobacco.Tobacco. When appropriate, the compliance check shall determine compliance with other laws applicable to tobacco retailingTobacco Retailing.
(Code 1965, § 4851; Code 2002, § 38-72. Ord. No. 01-5; Ord. No. 06-10)

5.100.130 Revocation of licenseLicense.
(a) Grounds for Revocation. A tobacco retailer’s licenseTobacco Retailer License may be revoked on any of the following grounds:
(1) One or more of the grounds for denial of a tobacco retailer’s licenseTobacco Retailer License under Section

5.100.060 existed either when a licenseLicense application was made or before the tobacco retailer’s licenseTobacco Retailer License was issued;
(2) The tobacco retailer’s licenseTobacco Retailer License fee is unpaid; (3) The tobacco retailer’s licenseTobacco Retailer License has been transferred in violation of Section

5.100.090; or
(4) The tobacco retailerTobacco Retailer has violated any section of this articleChapter, or any state or federal tobaccoTobacco-related laws.
(b) Notice of revocation hearing. If any grounds for revocation exist, the Police Department may issue a notice of revocation hearing. A notice of revocation hearing will be served to a tobacco retailerTobacco Retailer and will include all of the following information:
(1) The address or a definite description of the location where the tobacco retailer’s licenseTobacco Retailer License is issued;
(2) The grounds for revocation;
(3) The date of the Revocation Hearing before the City Manager. The notice of Revocation Hearing will set the hearing date no sooner than twenty days and no later than forty-five days following the date the notice of revocation hearing is served.
(c) Revocation hearing. A tobacco retailer’s licenseTobacco Retailer License may be revoked by the City Manager, after a tobacco retailer’s licenseTobacco Retailer License revocation hearing. At the hearing, the licenseeLicensee will be given the opportunity to testify and to present evidence concerning the grounds set forth in the notice of revocation hearing. After considering the testimony and evidence submitted at the hearing, the City Manager, will

issue a written decision to revoke or not revoke the licenseLicense and will list in the decision the reason or reasons for that decision. The written decision will be served as specified in Section 5.100.190. A revocation is without prejudice to the filing of a new application for a tobacco retailer’s license. The City Manager’s decision is final. (d) Final order. The tobacco retailer’s licenseTobacco Retailer License revocation becomes a final administrative order at one of the following times:
(1) On the date of the revocation hearing, if a tobacco retailerTobacco Retailer fails to appear at a scheduled revocation hearing;
(2) On the date of the decision by the City Manager, if a tobacco retailerTobacco Retailer appears at a scheduled appeal hearing before the City Manager.
(e) Revocation of licenseLicense issued in error. A tobacco retailer’s licenseTobacco Retailer License shall be revoked if the Concord Police Department finds, after the licenseLicense is afforded reasonable notice and an opportunity to be heard, that one or more of the bases for denial of a licenseLicense under Section 5.100.060 existed at the time application was made or at any time before the licenseLicense issued. The hearing officer’s decision shall be final.
(f) Resubmittal Prohibited Within 12 Months. For a period of 12 months following the revocation of a Tobacco Retailer’s License, no application for the same or substantially similar Tobacco Retailer or Tobacco Retailer License shall be submitted, unless the revocation was made without prejudice, and so stated in the record. (Code 1965, § 4852; Code 2002, § 38-73. Ord. No. 01-5; Ord. No. 06-10)

5.100.140 License suspension.
(a) Grounds for suspension. A tobacco retailer’s licenseTobacco Retailer License may be suspended for any violation of this ArticleChapter of this code, or any state or federal tobaccoTobacco-related laws. (b) Notice of suspension hearing. If any grounds for suspension exist, the Concord Police Department may issue a notice of suspension hearing. The notice of suspension hearing will be served to a tobacco retailerTobacco Retailer as specified in Section 5.100.190 and will include all of the following information:
(1) The date of the violation;
(2) The address or other description of the location where the violation occurred; (3) The code section(s) violated, or applicable state or federal law violated, and a description of the violation; (4) The time period of the tobacco retailer’s licenseTobacco Retailer License suspension; (5) The date of the suspension hearing before the City Manager. The notice of suspension hearing will set the hearing date no sooner than twenty days and no later than forty-five days following the date the notice of suspension hearing is served.
(c) Suspension hearing. A tobacco retailer’s licenseTobacco Retailer License may be suspended by the City Manager, after a tobacco retailer’s licenseTobacco Retailer License suspension hearing. At the hearing, the licenseeLicensee will be given the opportunity to testify and to present evidence concerning the notice of suspension hearing. After considering the testimony and evidence submitted at the hearing, the City Manager will issue a written decision to suspend or not suspend the tobacco retailer’s license.Tobacco Retailer License. The City Manager will list in the decision the reason or reasons for the decision and will list the time period of the tobacco retailer’s licenseTobacco Retailer License suspension, if applicable. The written decision will be served as specified in Section 5.100.190. The City Manager’s decision is final. (d) Time period of licenseLicense suspension.
(1) A tobacco retailer’s licenseTobacco Retailer License suspension may be up to thirty days for a first violation;

(2) A tobacco retailer’s licenseTobacco Retailer License suspension may be up to ninety days for a second violation occurring within twenty-four months of the first violation; (3) A tobacco retailer’s licenseTobacco Retailer License suspension may be up to one year for each subsequent violation occurring within twenty-four months of the most recent prior determination. (e) Final order. The tobacco retailer’s licenseTobacco Retailer License suspension becomes a final administrative order at one of the following times:
(1) On the date of the suspension hearing, if a tobacco retailerTobacco Retailer fails to appear at a scheduled suspension hearing;
(2) On the date of the decision by the City Manager, if a tobacco retailerTobacco Retailer appears at a scheduled appeal hearing.
(f) During a period of licenseLicense suspension, the tobacco retailerTobacco Retailer must remove from public view all tobacco productsTobacco Products.
(Code 1965, § 4853; Code 2002, § 38-74. Ord. No. 01-5; Ord. No. 06-10)

5.100.150 Tobacco retailingRetailing without a licenseLicense or with a suspended licenseLicense. (a) In addition to any other penalty authorized by law, if the Concord Police Department finds or any court of competent jurisdiction determines, after notice and an opportunity to be heard, that any personPerson has engaged in tobacco retailingTobacco Retailing at a location without a valid tobacco retailer’s licenseTobacco Retailer License, either directly or through the person’sPerson’s agents or employees, the personPerson shall be ineligible to apply for or be issued a tobacco retailing licenseTobacco Retailing License for that location as follows:
(1) After a first violation of this articleChapter at a location within any sixty (60) month period, no new licenseLicense may issue for the personPerson at the location until thirty (30) days have passed from the date of the violation.
(2) After a second violation of this articleChapter at a location within any sixty (60) month period, no new licenseLicense may issue for the personPerson at the location until ninety (90) days have passed from the date of the violation.
(3) After a third or subsequent violation of this articleChapter at a location within any sixty (60) month period, no new licenseLicense may issue for the personPerson at the location until five (5) years have passed from the date of the violation.
(b) In addition to any other penalty authorized by law, if the Concord Police Department finds or any court of competent jurisdiction determines, after notice and an opportunity to be heard, that any personPerson has engaged in tobacco retailing at a location with a suspended tobacco retailer’s licenseTobacco Retailer License, either directly or through the person’sPerson’s agents or employees, any suspension period shall be extended or, if the licenseLicense is no longer suspended, a new suspension period shall be imposed as follows:
(1) After a first violation of this articleChapter at a location by tobacco retailingTobacco Retailing with a suspended licenseLicense within any sixty (60) month period, the licenseLicense may be suspended for an additional thirty (30) days.
(2) After a second violation of this articleChapter at a location by tobacco retailingTobacco Retailing with a suspended licenseLicense within any sixty (60) month period, the licenseLicense may be suspended for an additional ninety (90) days.
(3) After a third or subsequent violation of this articleChapter at a location by a tobacco retailingTobacco Retailing with a suspended licenseLicense within any sixty (60) month period, the licenseLicense may be revoked and no new licenseLicense may issue for the tobacco retailerTobacco Retailer at the location until five (5) years have passed from the date of the violation.

(c) Tobacco productsProducts, Tobacco Paraphernalia, Hookah, and tobacco paraphernalia offered for saleHookah Products, Sold or exchangedDisplayed in violation of this articleChapter are subject to seizure and shall be forfeited after the licenseeLicensee and any other owner of the tobacco productsTobacco Products and tobacco paraphernaliaTobacco Paraphernalia seized is given reasonable notice and an opportunity to demonstrate that the tobacco productsTobacco Products and tobacco paraphernaliaTobacco Paraphernalia were not offered for saleSold or exchangeDisplayed in violation of this article.Chapter. The decision may be appealed pursuant to the procedures set forth in Section 5.100.140(c). Forfeited tobacco productsTobacco Products, Tobacco Paraphernalia, Hookah, and tobacco paraphernaliaHookah Products shall be destroyed. (d) Each day after the effective date of this articleChapter on which tobacco productsTobacco Products or tobacco paraphernaliaTobacco Paraphernalia are offered for saleSold or Displayed in violation of this articleChapter shall constitute a violation of this articleChapter separate and apart from any other violation of this articleChapter. (Code 1965, § 4854; Code 2002, § 38-75. Ord. No. 01-5; Ord. No. 06-10)

5.100.160 Nuisance and Enforcement.
(a) The remedies provided by this article are cumulative and in addition to any other remedies available at law or in equity.
(b) Violations of this article are subject to a civil action brought by the City Attorney. (c) Violations of this article may, in the discretion of the City Attorney, be prosecuted as infractions or misdemeanors.
(d) (a) Any violation of this Chapter is hereby declared to be a public nuisance pursuant to Chapter 8.25 (Neighborhood Preservation), Article I (Public Nuisances). (b) Causing, permitting, aiding, or abetting, or concealing a violation of any provision of this articleChapter shall also constitute a violation of this articleChapter. Any violation of this Chapter by an agent or employee of a Tobacco Retailer or Proprietor shall be imputed to the Tobacco Retailer or Proprietor, as determined by the Department.
(e) Violations of this article are hereby declared to be public nuisances. (f) In addition to other remedies provided by this article or by other law, any violations of this article may be remedied by a civil action brought by the City Attorney, including, for example, administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings, and suits for injunctive relief. (c) No Person shall intimidate, harass, or otherwise retaliate against any Person who seeks compliance with this Chapter. Moreover, no Person shall intentionally or recklessly expose another Person to smoke in response to that Person’s effort to achieve compliance with this Chapter. (d) No Person or employer shall discharge, refuse to hire, or in any manner retaliate against any Person, employee, or applicant for employment because such Person exercises any rights afforded by this Chapter. (e) Private right of enforcement. Any Person, including a legal entity or organization acting for the interests of itself, its members, or the general public, may bring a civil action to enforce this Chapter by way of a conditional judgment or an injunction to prevent future such violations and may sue to recover such actual or statutory damages as they may prove. In any such action, administrative pr oceeding, or special proceeding to abate a nuisance, the prevailing party may recover attorneys’ fees.
(f) City discretion. In addition to the civil, criminal, and administrative remedies available, the City Attorney or Chief of Police, in their sole discretion, may abate the violation including under the procedure set forth in Section

8.25.080, may issue citations and fines under Section 8.25.070, and may pursue any and all legal and equitable remedies for the recovery of fines, costs, and/or associated charges owed to the City as set forth in Chapter 8.25 (Neighborhood Preservation), Article I (Public Nuisances). Pursuit of one remedy does not preclude the pursuit of any other remedies until the total fines and abatement charges have been recovered.

(g) Nothing in this Chapter shall create a right of action in any Person against the City or its agents to compel City or other public entity enforcement of this Chapter against private parties. Neither the City, any member of the City, or any other officer, official, employee, or agent of the City shall be liable for any Person’s breach of this Chapter, any other breach of this Chapter, or the City’s failure to enforce all or any portion of this Chapter. (Code 1965, § 4855; Code 2002, § 38-76. Ord. No. 01-5; Ord. No. 06-10)

5.100.170 Enforcement of state law regarding salesSales to minors.

If a clerk or employee sellsSells a tobacco productTobacco Product to a minor, the retailerTobacco Retailer shall immediately notify the appropriate local law enforcement agency of the violation of Penal Code § 308 for enforcement under that statute.
(Code 1965, § 4856; Code 2002, § 38-77. Ord. No. 01-5; Ord. No. 06-10)

5.100.180 Intent as to additional legal restrictions and remedies.

Nothing in this articleChapter is intended to alter the obligations or restrictions that apply to any personPerson under any other law governing signs, billboards, tobaccoTobacco advertising or any other matter covered by this article.Chapter. The remedies set forth in this articleChapter are not exclusive. If any action prohibited by this articleChapter is also unlawful under any other law, the penalties and remedies under such other laws may be pursued in addition to those provided in this articleChapter. (Code 2002, § 38-78. Ord. No. 06-10)

5.100.190 Service.

All notices or decisions required to be served by this chapterChapter will be served either by the method specified in subsection (a) or by the method specified in subsection (b). The failure of a personPerson to receive a properly addressed service shall not affect the validity of the proceedings. (a) Certified mail. Certified mail will be addressed to the tobacco retailerTobacco Retailer at the address shown on the licenseLicense application. Service is deemed complete upon the deposit of the notice or decision, postage pre- paid, in the United States mail. Simultaneously, the same notice or decision may be sent by regular mail. If a notice or decision sent by certified mail is returned unsigned, then service is deemed effective pursuant to regular mail on the date mailed.
(b) Personal service. Personal service is deemed complete on the date the notice or decision is personally served. (Code 2002, § 38-79. Ord. No. 06-10)

5.100.200 Severability ; Preemption.

If any provision of this articleChapter or its application to any personPerson or circumstance is declared invalid or unenforceable by a court of competent jurisdiction, this articleChapter, to the extent it can be given effect, or the application of this articleChapter to personsPersons other than the personPerson to whom it is held invalid, shall not be affected thereby, and to this end, the provisions of this articleChapter are severable. If any provision of this articleChapter or its application to any personPerson or circumstance is declared invalid or unenforceable by a court of competent jurisdiction, this articleChapter, to the extent it can be given effect, or the application of this articleChapter to personsPersons other than the personPerson to whom it is held invalid, shall not be affected thereby, and to this end, the provisions of this article are severableChapter are severable. If there is any ambiguity in terms of whether the provisions of this Chapter or state or federal law apply, the more stringent shall control. If any provision of this Chapter is preempted by state or federal law, the applicable state or federal law provisions shall apply, and for such purposes are incorporated herein by this reference. (Code 2002, § 38-80. Ord. No. 06-10)

-----Original Message-----
From: Manuel Cabrera <[email protected]>
Sent: Monday, May 15, 2023 5:25 PM
To: Concord City Council Email <[email protected]> Subject: Please protect the people and places we love
Dea
r Mayor, Carlyn Obringer
My na
me is Manuel Cabrera from Concord
I’m
outraged by the damage and destruction caused by Big Tobacco. This ruthless industry is destroying the people and places I love.

The “
filters” Big Tobacco puts on cigarettes to make them cheaper to produce are made with toxic microplastics and filter practically nothing. Microplastics can end up in our air, water, soil, and food – and may wind up in all of us. And research links microplastic exposure with mutations to DNA, problems with the lungs and blood, infertility issues, and intestinal damage.

The t
obacco industry’s products, including vapes, are toxic waste that can’t be disposed of safely and are destroying our environment. All this pollution disproportionately impacts low-income populations and communities of color, too.

I ca
n no longer stand aside and watch Big Tobacco devastate my community with its deadly products.

We need your leadership.

Sinc
erely,
Manuel Cabrera
Sent
from my iPhone
Attachment 4

May 6, 2023

Dear Concord City Council:

Why is tobacco cheaper than candy in Concord stores? Some cigar products are sold for as low as 5 for 99 cents and cigarettes for as low as $5.49. Retailers want customers to know how cheap they are: 80% of Concord tobacco retailers surveyed last year displayed discounts for some kind of tobacco.

Based on a poll of 121 Concord residents, 60% support setting a price of at least $10 for products like cigars and cigarettes, which is also the Surgeon General’s recommendation. When tobacco becomes less cheap, youth are less likely to start and current users are more likely to stop. Two thirds of smokers want to quit.

When it comes to protecting our youth from nicotine addiction, price is the new flavors. Big Tobacco has long used both to entice curious underage users. The State of California has stopped the sale of most flavored tobacco, but only after over 100 CA cities and counties led the way. Concord can be part of the movement that fights the billions Big Tobacco spends to make addiction affordable.

14 Bay Area cities and counties have required minimum prices of $7-10 for tobacco, and the most recent adoptions have set the price at $10.

Minimum pack size requirements go hand in hand with minimum price and can also deter youth use.

One study found that users of a popular cigar brand who bought small packs tended to be younger and less frequent smokers than those who bought larger packs.

We know that some retailers are still selling to underage youth decoys or not complying with the statewide flavors law. Similarly, we will need enforcement to ensure that any new rules around price and pack size are followed.

Thank you,

Sincerely,
<[email protected]>

The City of Concord received this email from the following people:

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From: Ali Wohlgemuth <[email protected]>
Sent: Friday, May 19, 2023 6:37 AM
To: City Clerk <[email protected]>; Ezell, Justin <[email protected]> Cc: Birsan, Edi <[email protected]>; Hoffmeister, Laura <[email protected]>; Aliano, Dominic <[email protected]>; Nakamura, Laura <[email protected]>; Obringer, Carlyn <[email protected]>
Subject: Letter Attached - Agenda Item (6a) - Tobacco Retail License

Hello Mayor, Councilmembers, and Staff,

I'm Ali Wohlgemuth, a Director with Bay Area Community Resources, focused on health equity, particularly regarding youth. I am unable to join you for the City Council meeting next week but wanted to confirm, with the attached letter, BACR's willingness to partner with the City of Concord to implement/enforce any tobacco retail licence.

Thanks for your time and commitment to protecting Concord's youth.

Best,

ALI WOHLGEMUTH
ECAP Director
Bay Area Community Resources

D 510.559.3019 E [email protected]
W www.bacr.org

Information in this message, including all attachments, is intended ONLY for the personal and confidential use of the intended recipient(s) named above. If the reader of this message is not an intended recipient or an agent responsible for delivering it to an intended recipient, you are hereby notified that you have received this message in error and that any review, dissemination, distribution, or copying of this message is strictly prohibited. If you received this message in error, please notify the sender immediately, and delete the message and any hard copy print-outs.

Benched Correspondence
Agenda Item No. 6.a
May 23, 2023

Bay Area
Community
Resources
May 18, 2023
Concord Mayor & City Council
1950 Parkside Dr.

Concord, CA 94519
Dear Mayor Hoffmeister, Vice Mayor Birsan, and Councilmembers:

First, thank you for re-prioritizing a tobacco retail license in the City of Concord. Given that the behaviors of young people are so heavily influenced by the environment, addressing the insidious tactics like cheap prices used by the tobacco industry to recruit young replacement smokers in the retail environment is incredibly important.

I understand the City is concerned about the enforcement of a TRL with current staffing levels. I want to affirm BACR's willingness and commitment to partnering the City with enforcement as needed.

BACR has over 20 years of experience working throughout Contra Costa County, engaging retailers through our county-funded tobacco, alcohol, and other drug-related programs. This work has included conducting hundreds of store assessments, environmental scans, compliance surveys, retailer interviews, and partnering with the Richmond Police Department to conduct youth decoy operations. The data from these assessments and decoy operations are reported back to Contra Costa County Health and Human Services and used to follow up with retailers to help them come into compliance.

As such, BACR has the expertise and is willing to partner with the City to enforce Concord's TRL, eliminating the need for police or code enforcement staff time. If Concord decides they want to partner with BACR, a fee would need to be worked out based on Concord's enforcement model, including the number of annual inspections, type, and amount of retailer education and communication.

Thank you,
Ali Wohlgemuth
ECAP Director
[email protected]
171 Carlos Drive, San Rafael, California 94903-2005
Phone: 415.444.5580 Fax: 415.444.5598

From: Nakamura, Laura <[email protected]> Sent: Monday, May 22, 2023 9:20 AM
To: Barone, Valerie <[email protected]>; Ezell, Justin <[email protected]> Subject: CA flavored tobacco info

Good morning, Valerie, and Justin,

I’m forwarding this information to you as you may want to share with the full council. A constituent has shared it with me. It’s part of a 3-part series that aired March 29, 30 and 31st.

https://abc7news.com/amp/california-flavored-tobacco-ban-e-cigarette-vaping-laws-teens/13042455/

This is the 3-part series:

https://abc7news.com/california-flavored-tobacco-ban-e-cigarette-vaping-laws-nicotine/13044276/

Laura

Laura Nakamura (She/her/hers)
City Councilmember, District 5

Office 925-671-3158
Mobile 925-338-1259
Web www.cityofconcord.org
1950 Parkside Drive, MS/01
Concord, CA 94519

From: cigarloft (null) <[email protected]>
Sent: Thursday, May 18, 2023 9:46 PM
To: Ezell, Justin <[email protected]>
Subject: Re: May 15 informational session - ordinance summary

Hi Justin,

I hope this email finds you well. I had replied to your previous email that you sent couple of days ago outlining what is now being proposed after last mondays meeting however I am not sure if you received it. Not sure if you remember but I had initially contacted you upon receiving a letter from you in regard to the potential changes to the current tobacco license program. After receiving the Zoom info from you, I went through the letter once again & concluded the city’s goal is to regulate “flavored” tobacco products and vape in order to get a better handle on underage smoking…these products don’t really impact my business since I own a premium cigar shop with clientele with an average age of well into their 40s…and again since the letter didn’t really specify premium cigars, I assumed attending last Monday’s meeting was unnecessary. But now your summary of last Monday’s meeting states the city is proposing a $10 minimum price on all individual cigars…which is extremely detrimental to my business since about half of my premium cigars are in the $4-$10 range. Justin it’s already difficult to operate a cigar business in California since cigars are taxed over 65%…which is the reason why most cigar smokers cigars buy their cigars online from different states…cigars in the $4 to $10 range is my bread butter because even with the heavy tobacco tax, some customers can still afford them & therefore support my shop…by forcing me to charge $10 for a cigar that’s currently $5 which a customer can order online for about $3.50 is again extremely detrimental to my business…you might as well close my doors. And the sad part is that my shop is being punished for reasons that don’t even pertain to our business. From my understanding Concord schools have police officers on campus…simply ask them how many times they received complaints of minors smoking or in possession of premium cigars or pipe tobacco…it’s always cigarettes, e-cigarettes & vape products! I’ve been in business since 2002 and have always done my very best to operate lawfully…over the years, the city/county/state have sent decoys to make sure my shop doesn’t intentionally sell tobacco products to minors and we have ALWAYS passed with flying colors…I’ll gladly forward a recent letter upon request.

I see that “hooka lounges” are being exempt from all of this…in all fairness all I ask is to exempt premium cigar shops from the $10 minimum per cigar rule…all other prohibitions listed I totally support.

Would you be kind enough to forward my email to the board I will greatly appreciate it.

Please let me know if you want to discuss anything further. Thank you again Justin.

Kind regards,

Will Shekaib
Cigar Loft

Sent from my iPhone

From: Rima Khoury <[email protected]>
Sent: Friday, May 19, 2023 3:35 PM
To: Hoffmeister, Laura <[email protected]>; Birsan, Edi <[email protected]>; Aliano, Dominic <[email protected]>; Nakamura, Laura <[email protected]>; Obringer, Carlyn <[email protected]>; Ezell, Justin <[email protected]>
Subject: Re: Concord City Tobacco Ban - Hookah Exemption

Dear City of Concord,

Please see attached PDF presentation for your review. Thank you for your consideration.

RIMA S. KHOURY, ESQ.

CORPORATE COUNSEL
(619) 331-3535 EXT. 723
FUMARI INC.

The information in this email is confidential. It is intended only for the use of the individuals or entities named above.

You are hereby notified that if you are not the intended recipient, or employee or agent responsible for delivering it to the intended recipient, any use, dissemination, distribution or copying of the information in this email is strictly prohibited. If you receive this email in error, please notify us immediately by telephone and delete the original. Thank you.

From: Rima Khoury <[email protected]>
Date: Wednesday, May 10, 2023 at 2:12 PM
To: [email protected] <[email protected]>, [email protected] <[email protected]>, [email protected] <[email protected]>, [email protected] <[email protected]>, [email protected] <[email protected]> Subject: Concord City Tobacco Ban - Hookah Exemption
Dear Mayor Hoffmeister and City Council,

My name is Rima S. Khoury and I am General Counsel for Fumari, a premium hookah tobacco manufacturer and one of the founding members of the National Hookah Community Association which was established to protect and preserve the cultural tradition of hookah. https://www.nationalhookah.com/

Before you inadvertently vote to ban the nearly thousand year cultural tradition of hookah in Concord, California, please understand the facts.

Please see presentation link below for your consideration.

https://docs.google.com/presentation/d/1Rsnt2gu9XaMZ8MGcDdHTmYhaHUVPYBhWS19OYU9X8Ig/pr esent?usp=sharing

There is no teen hookah epidemic. The FDA and CDC reports have made it clear that hookah is not the problem with youth. Current hookah use among high school and middle school students is approximately 1%, and this number has been going down over the last decade. If the goal is to protect kids, this would not be achieved by banning hookah as kids are not using hookah according to these reliable sources. A hookah tobacco ban will have a disproportionate impact on Middle Eastern, Persian, Turkish, Indian, Armenian, and North African minority communities and minority owned businesses.

https://www.cdc.gov/tobacco/data_statistics/fact_sheets/youth_data/tobacco_use/index.htm #:~:text=In%202021%2C%20about%201%20of%20every%20100%20middle%20school%20stude nts,in%20the%20past%2030%20days.&text=In%202021%2C%20nearly%202%20of,in%20the%2 0past%2030%20days.

Hookahs are not being confiscated in schools. Hookahs are 3 feet tall and cannot be easily concealed in your pocket or backpack like vape. Hookahs take 25 – 30 minutes to set up and need hot coals, therefore it cannot be smoked during recess in the bathroom at school. Hookahs are not being confiscated in schools. Hookah’s cost over $200 for all the ten parts and accessories, making it out of reach for most kids.

The FDA recently stated in their Guidance for the Industry dated April 2020 that although data shows that flavored tobacco entice youth, that such data does NOT appear to raise comparably urgent public health concerns with youth usage of hookah products because the lower prevalence of youth use of these products suggests that they do NOT appear to be as appealing to youth at this time. Emphasis added. https://www.fda.gov/regulatory-information/search- fda-guidance-documents/enforcement-priorities-electronic-nicotine-delivery-system-ends-and- other-deemed-products-market

Hookah is not the problem.

Hookah has been practiced for nearly a thousand years by Persians, Arabs, Armenians, Turks, Indians, North Africans, and other minority groups many of which have immigrated to America and still practice their cultural traditions. Hookah is the center piece of social gatherings and is often offered to guests as a sign of hospitality and respect.

Many immigrant small business owners have built their business doing what they know from their home country. Often times they work 20 hour days, seven days a week to support multiple generations of their family. Rather than banning hookah and crippling these immigrant small business owners who are already struggling due to COVID-19, please consider passing reasonable regulations that address youth usage and access while increasing enforcement and education. Many of these business owners that have been operating legally for years would be happy to work with law makers to address youth access issues verses losing their livihood. These hookah lounge and retailer owners often have several years remaining on their leases and have personally guaranteed their leases. They will not only lose their business, but their homes and no longer be able to support their family and extended family.

A tobacco flavor ban is a ban on hookah because it only comes in flavors. Even hundreds of years ago hookah was made with molasses and honey which is still the case today.

The federal government has been working diligently to address youth access and usage of flavored tobacco products. At the end of 2019 the federal government passed a 21 and over minimum for tobacco products across all fifty states, called Tobacco-21. In addition, in February 2020 the FDA passed an e-cigg ban on flavored e-cartridges. September 9, 2020 was the FDA deadline for all vape and hookah products to be accepted for FDA review through PMTA or SE applications, after which any products without FDA authorization will be unlawfully on the market and their products seized and injunctions restricting sales will be issued along with fines and penalties. Currently, FDA has issued approximately six million refusals or Marketing Denial Orders for these applications. Furthermore, the FDA announced that they will be banning menthol and flavored cigars. The federal government is addressing the youth access issue and also providing legislation across the board, eliminating the patchwork of laws from city to city and closing loop holes for bad actors to skirt the law.

Hookah has been exempted from the California State flavored tobacco ban, SB793, because of its cultural significance and that it is fundamentally different from vape. Please see attached video of Senator Hill, author of the bill, explaining why hookah was exempted from SB793 at the Senate Appropriations hearing on June 25th, 2020. Senator Hill learned the difference between vape and hookah and understood that hookah was not the problem and took steps to exempt it due to its cultural significance. We ask that the City of Concord do the same.

SB793, which, as amended and revised, prohibits the sale of all flavored tobacco products and flavored tobacco product enhancers, exempting hookah tobacco, cigars with a wholesale price of $12.00 or more, loose leaf pipe tobacco was signed by Governor Gavin Newsom on August 28, 2020. SB793 was referendized and is expected to be on the November 2022 general election ballot.

Please see the hookah exemption language from SB793 below:

(c) Subdivision (b) does not apply to the sale of flavored shisha tobac co products by a hookah tobacco retailer if all of the following conditions are met:
(1) The hookah tobacco retailer has a valid license to sell tobacco products issued pursuant to Chapter 2 (commencing with Section 22971.7) of Division 8.6 of the Business and Professions Code.
(2) The hookah tobacco retailer does not permit any person under 21 years of age to be present or enter the premises at any time.
(3) The hookah tobacco retailer shall operate in accordance with all relevant state and local laws relating to the sale of tobacco products.
(4) If consumption of tobacco products is allowed on the premises of the hookah tobacco retailer, the hookah tobacco retailer shall operate in accordance with all state and local laws relating to the consumption of tobacco products on the premises of a tobacco retailer, including, but not limited to, Section 6404.5 of the Labor Code.

SB793 balances the interests of law makers by addressing youth access and usage of flavored tobacco products, while protecting the cultural tradition of hookah. The SB793 hookah exemption limits sales to 21 and over establishments, meaning you have to be 21 and over to enter a retail establishment or lounge in order to purchase hookah and requires these establishments to comply with local and state laws. This shows that law makers can reach their regulatory goals without creating unintended consequences like eliminating the rich cultural tradition of hookah.

Please do not eliminate the rich cultural tradition of hookah without understanding the facts. There is a way to achieve regulatory goals while balancing the interests of minority communities that practice hookah. We respectfully request for Tempe to consider adopting the language of SB793 to their proposed flavor ban just as State of Massachusetts and California, Washington D.C., Denver, CO; San Diego, CA and Los Angeles City, CA have done. Please feel free to contact me with any questions or to discuss further. We are merely trying to protect our right to practice our cultural traditions. Know the facts and avoid the unintended consequences of eliminating this rich cultural tradition. Thank you for your consideration.

Enclosed, please see attachments of Most Commonly Misrepresented Hookah Facts for a better understanding of what hookah is and isn’t along with three studies conducted after the San Francisco Flavor ban in 2018 which resulted in a rise in teen combustible cigarette use by 32 – 34%.

https://www.youtube.com/watch?v=9qlUH3hmvUc
The Culture of Hookah | An Exploration of History and Tradition

RIMA KHOURY, ESQ.

GENERAL COUNSEL
(619) 331-3535 EXT. 723
FUMARI INC.

The information in this email is confidential. It is intended only for the use of the individuals or entities named above.

You are hereby notified that if you are not the intended recipient, or employee or agent responsible for delivering it to the intended recipient, any use, dissemination, distribution or copying of the information in this email is strictly prohibited. If you receive this email in error, please notify us immediately by telephone and delete the original. Thank you.

THIS IS

A HOOKAH
Rima Khoury, Esq.

General Counsel at Fumari, Inc. and
Founding Member of the National
Hookah Community Association

All hookah tobacco is flavored.

Therefore, a flavor ban is a FULL hookah ban.

Before you vote to ban this centuries-old cultural
tradition that is actively practiced by many Arabs,
Persians, Armenians, Turks, North Africans, and
Indians in your community, we ask you take a few
minutes with this presentation to learn more
about it.

WHAT IS A HOOKAH?
A hookah, also known as shisha, is a single- or
multi-stemmed instrument for smoking flavored hookah
tobacco. During the session, the vapor or smoke is passed through a water-basin – often glass-based – before
inhalation.

Hookah, as we know it today, originated in 15
th century India.

Hookah pipe tobacco was originally known as Mu’assel,
meaning “with honey”.

All hookah is flavored, yet it is used far less by high
schoolers than cigarettes, smokeless tobacco, cigars and e-cigarettes, at 0.8% (Published by the CDC 2021).

Food and Drug Administration (FDA) and Centers
for Disease Control and Prevention (CDC) 2021
National Youth Tobacco Survey (NYTS)
“The 2021 NYTS asked students about their use of
nine types of tobacco products. E-cigarettes were
the most commonly currently used tobacco
product, cited by 2.06 million (7.6%) middle and
high school students, followed by cigarettes
(410,000; 1.5%), cigars (380,000; 1.4%), smokeless
tobacco (240,000; 0.9%), hookahs (220,000;

0.8%), and nicotine pouches (200,000; 0.8%). This
was the first time that NYTS collected data on use
of nicotine pouches.”

THERE IS NO TEEN
HOOKAH EPIDEMIC.

FDA recently stated in their guidance
for the Industry dated January 2020
that although data shows that flavored
tobacco entice youth, that such data
does NOT appear to raise comparably
urgent public health concerns with
youth usage of hookah products
because the lower prevalence of youth
use of these products suggest that
they do NOT appear to be as
appealing to youth at this time.

THERE IS NO TEEN
HOOKAH EPIDEMIC.

THERE IS NO TEEN
HOOKAH EPIDEMIC.

California Gov. Gavin Newsom stated
in his executive order address on Sept
16, 2019, that “hookah is not the
problem in classrooms”.

CLICK IMAGE TO

PLAY THE VIDEO

They can’t be easily concealed
in your pocket or backpack.

HOOKAHS ARE
3-FEET TALL

NO - you cannot smoke hookah tobacco by rolling it up in a joint or blunt.

NO - it cannot be smoked out of a glass (cannabis) pipe or tobacco pipe.

NO - it cannot be smoked out of a vaporizer or e-cigarette.

NO - hookah tobacco cannot be chewed.

HOOKAH TOBACCO IS ONLY POSSIBLE TO SMOKE OUT OF A HOOKAH PIPE.

HOOKAH TOBACCO CAN’T BE SMOKED

IN ANY OTHER WAY

HOOKAHS TAKE
20-30 MINUTES

TO SET UP
And, you’ll need up to 10 ITEMS
including water and hot coals to
get it started. Not something
easy to do on a bathroom break
or during recess.

HOOKAH IS

NOT VAPE
Yet, Hookah is becoming collateral
damage in the war against vape.

Hookah is not something you smoke on-the-go
to get a nicotine fix throughout the day. It is a
once-in-a-while social custom practiced while
relaxing. In many cultures today spanning
through California’s rich diversity it is a tradition
to meet and do business over a hookah, as well
as it is considered good hospitality to serve
guests a hookah in your home.
≠

HOOKAH IS

NOT VAPE
HOOKAH IS:
● An Uniquely Social Activity
● Cultural
● Occasional
*A 2018 FDA study showed almost 90% of Americans who
use hookah do so no more than once per month.
≠

WHAT ARE WE ASKING FOR TODAY
Please consider carving out traditional
non-electric hookah products from this
ordinance and leave them in 21 older
establishments.

Thank you for your careful consideration.

George Johnson
Founding Member, Treasurer
760-213-9097
[email protected]
Rima Khoury, Esq.

Founding Member, Secretary
949-697-7978
[email protected]
We are available for any questions you may have.

Arnie Abramyan
Founding Member, President
818-355-1333
[email protected]
Chris Hudgins
Board Member
703-350-5964
[email protected]

From: Jaime Rojas Jr <[email protected]>
Sent: Monday, May 22, 2023 1:35 PM
To: City Clerk <[email protected]>
Subject: City Council Letter - Agenda Item #6.a

Dear City Clerk,

Please find attached a letter regarding the tobacco flavor/vape ban ordinance which is agenda #6.a. The letter is from the National Association of Tobacco Outlets opposing the draft ordinance and appreciates the Council's consideration.

Thank you.

Jaime Rojas

--
National Association of Tobacco Outlets
Legislative Consultant

10808 Foothill Blvd. Ste. 160-516
Rancho Cucamonga, CA 91730
Tel: 213.400.8664
www.RCGcommunications.com

17595 Kenwood Trail, Minneapolis, MN 55044 952-683-9270 www.natocentral.org

May 22, 2023

Mayor Laura Hoffmeister
Members of the Concord City Council

RE: Proposed Vapor Product Ban and Extension of Flavor Ban

Dear Mayor Hoffmeister and Council Members:

As the Executive Director of the National Association of Tobacco Outlets (NATO), a national retail trade association that represents more than 6 5,000 retail stores throughout the country including numerous retailers in Concord, I am writing to submit our comments and concerns regarding a proposed ordinance to ban the sale of all e-cigarettes and to ban the flavored products approved by California voters.

The Ban Would Affect Products Found by the FDA to be in the Public Health

The U.S. Food and Drug Administration has a process whereby manufacturers submit products for scientific scrutiny to determine whether the products are “appropriate for the protection of public health.” To do so, the agency utilizes a review process that relies on science and evidence-based data to determine whether a tobacco product may stay on the market. Thus far, the FDA has granted marketing orders for 45 products, including 23 e-cigarette products, all of which are tobacco flavored, and it continues to review applications for thousands of other products, most of which are e-cigarette products. By granting these applications, the FDA has determined that some e-cigarettes protect public health, and many adult smokers have chosen these products as a harm reduction strategy. The city’s ban on these vapor and e-cigarette products and others that may receive this designation as the FDA completes its review of the remaining applications would be anti-scientific and work against public health.

Cross-Border Purchasing of Banned Products Will Hurt City Retailers

A ban on the sale in Concord of all e-cigarette products and the three flavored products allowed under state law will cause adults who purchase these products to go outside the city to buy their preferred products. This cross-border purchasing will involve not only buying the banned products in a nearby city, but also gasoline, snacks, and beverages, which will exacerbate the loss of sales by Concord retailers.

17595 Kenwood Trail, Minneapolis, MN 55044 952-683-9270 www.natocentral.org Illicit Product Market Expansion by Criminals and Racial Profiling

Illicit markets for tobacco products, including e-cigarettes, already exist across the country, especially in those cities and counties that assess high taxes or have banned the sale of products. The non-partisan Tax Foundation has found, for example, that in 2020, due to high cigarette taxes, about 45% of cigarettes consumed in California have been smuggled into the state. Please bear in mind that these figures are for a period before the statewide flavor ban took effect; today’s figures may be considerably higher. Banning the sale by legitimate retailers of e-cigarettes will create even more incentive for criminals to supply these products in the city to anyone of any age who has cash. This increase in illegal sales will necessitate a higher level of law enforcement intervention, putting further pressure on already strained police resources.

Increase in Non-Tobacco Product Prices

The average convenience store business model relies on tobacco product sales for approximately one- third of all in-store sales. Some areas have become food deserts , forcing residents to rely on convenience stores or small grocers to remain open for basic groceries and household goods. Since a ban on these products would eliminate hundreds of products from store shelves, those stores located in underserved areas of a city may be forced to close or move to nearby jurisdictions where no e-cigarette sales bans exist.

Moreover, retailers will be forced to raise prices on its other products to replace the lost sales from the ban. In this period of record-breaking inflation that the country is experiencing, higher prices on other products, including gasoline and food products, will exacerbate the financial challenges being faced by many families.

Moreover, Concord retailers will find it very difficult to compete with retailers in neighboring localities or with illicit sellers who do not care to whom they sell illicit tobacco products. Employee layoffs and even store closures are real possibilities in the event of significant sales declines.

Concord Should Focus on Alcohol and Marijuana Use, Not E-Cigarette Products

According to the 2022 California Healthy Kids Survey (using data from 2019-2021), although 11% of 11 th graders in Contra Costa County had used as few as one e-cigarette in the preceding 30 days, 14% said they had been “very drunk or very high” in the same period. Clearly, the county has a much more significant problem with youth drinking alcohol and using drugs; a reasonable person can inquire why the Concord City Council is not considering a ban on all alcohol and marijuana products?

When considering restrictions on electronic cigarette products, it is important to u nderstand that the Centers for Disease Control found that e-cigarette use nationally among high schoolers dropped about 60% from 2019 to 2021. See E-Cigarette Use Among Middle and High School Students — National Youth Tobacco Survey, United States, 2021, US Department of Health and Human Services, Centers for Disease Control and Prevention, Morbidity and Mortality Weekly Report, October 1, 2021, Vol. 70, No. 39. This national trend of a 60% drop in e-cigarette use does not support depriving all 21 and over adults their freedom to choose e-cigarette products as a harm reduction strategy.

17595 Kenwood Trail, Minneapolis, MN 55044 952-683-9270 www.natocentral.org Conclusion

Concord retailers share everyone’s interest in keeping all tobacco products out of the hands of persons under 21 years old. According to the FDA compliance reports, in 116 undercover operations directed at Concord retailers, the retailer refused to sell to an underage person 111 times, a 95.6% compliance level. (See attached spreadsheet.) Why would the Concord City Council want to harm the city’s responsible, legitimate retailers and force their adult customers to go outside the City to patronize other retailers or to buy e-cigarettes and the state-legal flavored products from illicit sellers?

We trust that you will give serious consideration to all the facts and information contained in this letter to make an informed decision on whether to proceed with these bans on e-cigarette products and the flavored products that the State’s voters approved. Thank you for your time and willingness to hear from retailers.

Sincerely,

Thomas A. Briant

NATO Executive Director

Compliance Check Inspections of Tobacco Product Retailers Through 04/30/2023 - Search Results You searched for:

City contains: Concord
State is: CA
Retailer Name Street Address City State Zip UP Involved Sale to UP Product Type Brand Flavor Inspection Date Decision Date Inspection Outcome Link Charges NATIONAL 4323 CLAYTON RD CONCORD CA 94521 Yes No N/A N/A Not available 2/16/2023 No Violations Observed N/A 7-ELEVEN STORE #32604B 4101 CONCORD BLVD CONCORD CA 94519 Yes No N/A N/A Not available 2/15/2023 No Violations Observed N/A V I P CONVENIENCE SHOP AND MORE 1585 CLAYTON ROAD, SUITE CONCORD CA 94520 Yes Yes Cigar(s) Swisher 1/10/2023 2/7/2023 Warning Letter Charges not yet available CORK & BOTTLE LIQUORS 3375 PORT CHICAGO HWY STE 24 CONCORD CA 94520 Yes No N/A N/A Not available 1/10/2023 No Violations Observed N/A DISCOUNT CIGARETES AND CIGAR 2707 CLAYTON RD CONCORD CA 94519 Yes No N/A N/A Not available 1/10/2023 No Violations Observed N/A OLIVERA SHELL 2484 OLIVERA RD CONCORD CA 94520 Yes No N/A N/A Not available 1/10/2023 No Violations Observed N/A PAYLESS CIGARETTE & CIGAR 2182 SOLANO WAY CONCORD CA 94520 Yes No N/A N/A Not available 1/10/2023 No Violations Observed N/A ROWJANI FAST AND EASY 4475 TREAT BLVD STE B CONCORD CA 94521 Yes No N/A N/A Not available 1/10/2023 No Violations Observed N/A SMOKES & SHIRTS ZONE 4530 CLAYTON RD STE C CONCORD CA 94521 Yes No N/A N/A Not available 1/10/2023 No Violations Observed N/A SUPER GAS AND LIQUOR 2714 WILLOW PASS RD CONCORD CA 94519 Yes No N/A N/A Not available 1/10/2023 No Violations Observed N/A GENERATION ROCK 1820 MOUNT DIABLO STREET CONCORD CA 94520 Yes No N/A N/A Not available 11/10/2022 No Violations Observed N/A VOLTAGE SMOKE AND GIFTS 4330 CLAYTON ROAD, SUITE K CONCORD CA 94521 Yes No N/A N/A Not available 11/10/2022 No Violations Observed N/A 7-ELEVEN 1096 OAK GROVE RD CONCORD CA 94518 Yes No N/A N/A Not available 6/22/2022 No Violations Observed N/A GENERATION ROCK 1820 MOUNT DIABLO STREET CONCORD CA 94520 Yes No N/A N/A Not available 6/22/2022 No Violations Observed N/A VOLTAGE SMOKE AND GIFTS 4330 CLAYTON ROAD, SUITE K CONCORD CA 94521 Yes No N/A N/A Not available 6/22/2022 No Violations Observed N/A VOLTAGE SMOKE AND GIFTS 4330 CLAYTON ROAD, SUITE K CONCORD CA 94521 Yes Yes ENDS / E-liquid JUUL Menthol See Complaint 2/28/2022 Civil Money Penalty https://www.regulations.gov/docket?D=FDA-2022-H-0227 See Complaint 7-ELEVEN 1096 OAK GROVE RD CONCORD CA 94518 Yes No N/A N/A Not available 11/12/2021 No Violations Observed N/A GENERATION ROCK 1820 MOUNT DIABLO STREET CONCORD CA 94520 Yes Yes ENDS / E-liquid Other Watermelon 5/26/2021 7/1/2021 Warning Letter Sec. 906(d)(5) (21 U.S.C. 387f)-Sale of tobacco product to person under 21 VOLTAGE SMOKE AND GIFTS 4330 CLAYTON ROAD, SUITE K CONCORD CA 94521 Yes Yes ENDS / E-liquid Other Watermelon Ice 5/26/2021 7/1/2021 Warning Letter Sec. 906(d)(5) (21 U.S.C. 387f)-Sale of tobacco product to person under 21 PAYLESS CIGARETTE & CIGAR 2182 SOLANO WAY CONCORD CA 94520 Yes No N/A N/A Not available 5/26/2021 No Violations Observed N/A 7-ELEVEN STORE 2365-14197B 2455 OLIVERA RD CONCORD CA 94520 No No N/A N/A Not available 11/5/2020 No Violations Observed N/A BDV CHEVRON 1001 WILLOW PASS CT CONCORD CA 94520 No No N/A N/A Not available 11/5/2020 No Violations Observed N/A CONCORD ALLIANCE 3180 WILLOW PASS RD CONCORD CA 94519 No No N/A N/A Not available 11/5/2020 No Violations Observed N/A CONCORD CHEVRON 2001 WILLOW PASS RD CONCORD CA 94520 No No N/A N/A Not available 11/5/2020 No Violations Observed N/A CONCORD OLYMPIA/ARCO FOOD MART 2799 CLAYTON RD CONCORD CA 94519 No No N/A N/A Not available 11/5/2020 No Violations Observed N/A OLIVERA SHELL 2484 OLIVERA RD CONCORD CA 94520 No No N/A N/A Not available 11/5/2020 No Violations Observed N/A CONCORD AM/PM 5101 CLAYTON RD CONCORD CA 94521 Yes No N/A N/A Not available 12/19/2019 No Violations Observed N/A PAYLESS CIGARETTE & CIGAR 2182 SOLANO WAY CONCORD CA 94520 Yes No N/A N/A Not available 10/10/2019 No Violations Observed N/A 7-ELEVEN 1096 OAK GROVE RD CONCORD CA 94518 Yes Yes ENDS / E-liquid JUUL 8/7/2019 8/29/2019 Warning Letter 1140.14(b)(1)-Sale to a minor;1140.14(b)(2)(i)-Failure to verify age 3 STAR FOOD & LIQUOR 1140 MEADOW LN STE C CONCORD CA 94520 Yes No N/A N/A Not available 8/7/2019 No Violations Observed N/A 7-ELEVEN STORE 2232-14207 D 1097 MOHR LN CONCORD CA 94518 Yes No N/A N/A Not available 8/7/2019 No Violations Observed N/A 7-ELEVEN STORE 2232-18886C 1611 MONUMENT BLVD CONCORD CA 94520 Yes No N/A N/A Not available 8/7/2019 No Violations Observed N/A 7-ELEVEN STORE 2232-27353C 2995 MONUMENT BLVD CONCORD CA 94520 Yes No N/A N/A Not available 8/7/2019 No Violations Observed N/A ARCO CAR WASH 2490 MONUMENT BLVD CONCORD CA 94520 Yes No N/A N/A Not available 8/7/2019 No Violations Observed N/A FOOD MAXX #481 1751 MONUMENT BLVD CONCORD CA 94520 Yes No N/A N/A Not available 8/7/2019 No Violations Observed N/A FOUR CORNERS UNION 76 2025 MONUMENT BLVD CONCORD CA 94520 Yes No N/A N/A Not available 8/7/2019 No Violations Observed N/A LOS PAISANOS MARKET #2 1800 MONUMENT BLVD STE F CONCORD CA 94520 Yes No N/A N/A Not available 8/7/2019 No Violations Observed N/A MAS PRIMOS 1301 GALINDO ST CONCORD CA 94520 Yes No N/A N/A Not available 8/7/2019 No Violations Observed N/A MONUMENT WINES & SPIRITS 2250 MONUMENT BLVD STE E CONCORD CA 94520 Yes No N/A N/A Not available 8/7/2019 No Violations Observed N/A RITE AID #5913 1905 MONUMENT BLVD CONCORD CA 94520 Yes No N/A N/A Not available 8/7/2019 No Violations Observed N/A SEVEN STARS MARKET 1500 MONUMENT BLVD. A3 & 4 CONCORD CA 94520 Yes No N/A N/A Not available 8/7/2019 No Violations Observed N/A SUPER LIQUOR & FOOD 1511 MONUMENT BLVD CONCORD CA 94520 Yes No N/A N/A Not available 8/7/2019 No Violations Observed N/A WALGREENS #15003 1990 MONUMENT BLVD CONCORD CA 94520 Yes No N/A N/A Not available 8/7/2019 No Violations Observed N/A WORLD GASOLINE 2211 MONUMENT BLVD CONCORD CA 94520 Yes No N/A N/A Not available 8/7/2019 No Violations Observed N/A VOLTAGE SMOKE AND GIFTS 4330 CLAYTON RD STE K CONCORD CA 94521 Yes No N/A N/A Not available 2/28/2019 No Violations Observed N/A VIP CONVENIENCE STORE AND SMOKE SHOP1585 CLAYTON RD CONCORD CA 94520 Yes No N/A N/A Not available 8/10/2018 No Violations Observed N/A DIRT CHEAP LIQUOR & GROCERY 3608 WILLOW PASS RD CONCORD CA 94519 No No N/A N/A Not available 6/9/2016 No Violations Observed N/A TOBACCO EXPRESS 3622 WILLOW PASS RD CONCORD CA 94519 No No N/A N/A Not available 6/9/2016 No Violations Observed N/A CENTRAL MARKET AND LIQUOR 2699 MONUMENT BLVD STE E CONCORD CA 94520 No No N/A N/A Not available 4/22/2016 No Violations Observed N/A DISCOUNT CIGARETES AND CIGAR 2707 CLAYTON RD CONCORD CA 94519 No No N/A N/A Not available 4/22/2016 No Violations Observed N/A MAS PRIMOS 1301 GALINDO ST CONCORD CA 94520 No No N/A N/A Not available 4/22/2016 No Violations Observed N/A 7-ELEVEN STORE #32604B 4101 CONCORD BLVD CONCORD CA 94519 No No N/A N/A Not available 4/21/2016 No Violations Observed N/A 7-ELEVEN STORE 2232-27353C 2995 MONUMENT BLVD CONCORD CA 94520 No No N/A N/A Not available 4/21/2016 No Violations Observed N/A FARM BUREAU MARKET 1701 FARM BUREAU RD CONCORD CA 94519 No No N/A N/A Not available 4/21/2016 No Violations Observed N/A SMOKES & SHIRTS ZONE 4530 CLAYTON RD STE C CONCORD CA 94521 No No N/A N/A Not available 3/28/2016 No Violations Observed N/A VINTAGE WINE SHOPPE & LIQUOR 3460 CLAYTON RD CONCORD CA 94519 No No N/A N/A Not available 3/28/2016 No Violations Observed N/A WORLD EXPRESS 3550 CLAYTON RD CONCORD CA 94519 No No N/A N/A Not available 3/28/2016 No Violations Observed N/A KWIK STOP 3481 CLAYTON RD CONCORD CA 94519 No No N/A N/A Not available 3/25/2016 No Violations Observed N/A CHEVRON FOOD MART #1593 4295 CLAYTON RD CONCORD CA 94521 No No N/A N/A Not available 3/17/2016 No Violations Observed N/A ROWJANI FAST AND EASY 4475 TREAT BLVD STE B CONCORD CA 94521 No No N/A N/A Not available 3/17/2016 No Violations Observed N/A CONCORD CIGARETTES 4471 CLAYTON RD CONCORD CA 94521 No No N/A N/A Not available 3/16/2016 No Violations Observed N/A VOLTAGE SMOKE AND GIFTS 4330 CLAYTON RD STE K CONCORD CA 94521 No No N/A N/A Not available 3/16/2016 No Violations Observed N/A ZENITH FOOD MART 4530 CLAYTON RD STE B CONCORD CA 94521 No No N/A N/A Not available 3/16/2016 No Violations Observed N/A FOOD MAXX #418 4505 CLAYTON RD CONCORD CA 94521 No No N/A N/A Not available 3/11/2016 No Violations Observed N/A GASCO 4323 CLAYTON RD CONCORD CA 94521 No No N/A N/A Not available 3/11/2016 No Violations Observed N/A SAFEWAY STORE 1192 4309 CLAYTON RD CONCORD CA 94521 No No N/A N/A Not available 3/11/2016 No Violations Observed N/A TEXACO; RAIN & SHINE FULL SERVICE
CAR WASH 4595 CLAYTON RD CONCORD CA 94521 No No N/A N/A Not available 3/11/2016 No Violations Observed N/A ULTRA GAS 4321 CLAYTON RD CONCORD CA 94521 No No N/A N/A Not available 3/11/2016 No Violations Observed N/A

7-ELEVEN STORE #25373-2232B 4601 CLAYTON RD CONCORD CA 94521 No No N/A N/A Not available 3/2/2016 No Violations Observed N/A CHEVRON; HAND CAR WASH 4748 CLAYTON RD CONCORD CA 94521 No No N/A N/A Not available 3/2/2016 No Violations Observed N/A CLAYTON VALLEY BOWL 5300 CLAYTON RD CONCORD CA 94521 No No N/A N/A Not available 3/2/2016 No Violations Observed N/A CLAYTON VALLEY SHELL 1500 KIRKER PASS RD CONCORD CA 94521 No No N/A N/A Not available 3/2/2016 No Violations Observed N/A CONCORD AM/PM 5101 CLAYTON RD CONCORD CA 94521 No No N/A N/A Not available 3/2/2016 No Violations Observed N/A DIABLO PLAZA; CIRCLE K 1024 ALBERTA WAY CONCORD CA 94521 No No N/A N/A Not available 3/2/2016 No Violations Observed N/A F & T VALERO CONCORD INC. 5399 CLAYTON RD CONCORD CA 94521 No No N/A N/A Not available 3/2/2016 No Violations Observed N/A LUCKYS #705 5190 CLAYTON RD CONCORD CA 94521 No No N/A N/A Not available 3/2/2016 No Violations Observed N/A ROSE LIQUORS 5434 YGNACIO VALLEY RD STE 110 CONCORD CA 94521 No No N/A N/A Not available 3/2/2016 No Violations Observed N/A SUPER 8 LIQUOR & FOOD 4765 CLAYTON RD CONCORD CA 94521 No No N/A N/A Not available 3/2/2016 No Violations Observed N/A 76; CIRCLE K 4190 TREAT BLVD CONCORD CA 94518 No No N/A N/A Not available 2/25/2016 No Violations Observed N/A WORLD GASOLINE 2211 MONUMENT BLVD CONCORD CA 94520 No No N/A N/A Not available 2/19/2016 No Violations Observed N/A 3 STAR FOOD & LIQUOR 1140 MEADOW LN STE C CONCORD CA 94520 No No N/A N/A Not available 2/18/2016 No Violations Observed N/A FOOD MAXX #481 1751 MONUMENT BLVD CONCORD CA 94520 No No N/A N/A Not available 2/18/2016 No Violations Observed N/A LOS PAISANOS MARKET #2 1800 MONUMENT BLVD STE F CONCORD CA 94520 No No N/A N/A Not available 2/18/2016 No Violations Observed N/A MONUMENT WINES & SPIRITS 2250 MONUMENT BLVD STE E CONCORD CA 94520 No No N/A N/A Not available 2/18/2016 No Violations Observed N/A RITE AID #5913 1905 MONUMENT BLVD CONCORD CA 94520 No No N/A N/A Not available 2/18/2016 No Violations Observed N/A DEL VALLE SUPER MERCADO 1651 MONUMENT BLVD CONCORD CA 94520 No No N/A N/A Not available 2/15/2016 No Violations Observed N/A MONUMENT SMOKE SHOP & MORE 1545 MONUMENT BLVD CONCORD CA 94520 No No N/A N/A Not available 2/15/2016 No Violations Observed N/A SEVEN STARS MARKET 1500 MONUMENT BLVD. A3 & 4 CONCORD CA 94520 No No N/A N/A Not available 2/15/2016 No Violations Observed N/A 7-ELEVEN STORE 2232-18886C 1611 MONUMENT BLVD CONCORD CA 94520 No No N/A N/A Not available 2/12/2016 No Violations Observed N/A SUPER LIQUOR & FOOD 1511 MONUMENT BLVD CONCORD CA 94520 No No N/A N/A Not available 2/12/2016 No Violations Observed N/A CIRCLE K 800 OAK GROVE RD CONCORD CA 94518 No No N/A N/A Not available 1/14/2016 No Violations Observed N/A 7-ELEVEN #2369-36789A 1096 OAK GROVE RD CONCORD CA 94518 No No N/A N/A Not available 1/13/2016 No Violations Observed N/A AFGHAN MARKET 1500 MONUMENT BLVD STE F12 CONCORD CA 94520 No No N/A N/A Not available 1/13/2016 No Violations Observed N/A FOUR CORNERS UNION 76 2025 MONUMENT BLVD CONCORD CA 94520 No No N/A N/A Not available 1/13/2016 No Violations Observed N/A 7-ELEVEN STORE 2232-14207 D 1097 MOHR LN CONCORD CA 94518 No No N/A N/A Not available 12/11/2015 No Violations Observed N/A CHEVRON #1723 795 OAK GROVE RD CONCORD CA 94518 No No N/A N/A Not available 12/11/2015 No Violations Observed N/A HANKOOK MARKET 1450 MONUMENT BLVD STE C CONCORD CA 94520 No No N/A N/A Not available 12/11/2015 No Violations Observed N/A LIQUOR 2970 TREAT BLVD CONCORD CA 94518 No No N/A N/A Not available 12/11/2015 No Violations Observed N/A LOS RANCHEROS SUPERMARKET 1099 REGANTI DR CONCORD CA 94518 No No N/A N/A Not available 12/11/2015 No Violations Observed N/A LEELAND'S 1905 SALVIO ST CONCORD CA 94520 No No N/A N/A Not available 12/7/2015 No Violations Observed N/A ARCO CAR WASH 2490 MONUMENT BLVD CONCORD CA 94520 No No N/A N/A Not available 11/17/2015 No Violations Observed N/A CONCORD MINI MART 2119 PACHECO ST CONCORD CA 94520 No No N/A N/A Not available 11/17/2015 No Violations Observed N/A SOLANO MARKET 2191 SOLANO WAY CONCORD CA 94520 No No N/A N/A Not available 11/17/2015 No Violations Observed N/A WALGREENS #15003 1990 MONUMENT BLVD CONCORD CA 94520 No No N/A N/A Not available 11/17/2015 No Violations Observed N/A 3 STAR FOOD & LIQUOR 1140 MEADOW LN STE C CONCORD CA 94520 No No N/A N/A Not available 12/17/2012 No Violations Observed N/A 7 STARS MARKET 1500 MONUMENT BLVD. A3 & 4 CONCORD CA 94520 No No N/A N/A Not available 12/17/2012 No Violations Observed N/A 7-ELEVEN STORE 2232-18886C 1611 MONUMENT BLVD CONCORD CA 94520 No No N/A N/A Not available 12/17/2012 No Violations Observed N/A EL MERCADITO LATINO 2 1500 MONUMENT BLVD STE F10 CONCORD CA 94520 No No N/A N/A Not available 12/17/2012 No Violations Observed N/A LOS PAISANOS MARKET #2 1800 MONUMENT BLVD STE F CONCORD CA 94520 No No N/A N/A Not available 12/17/2012 No Violations Observed N/A MERCADO DEL VALLE 1651 MONUMENT BLVD CONCORD CA 94520 No No N/A N/A Not available 12/17/2012 No Violations Observed N/A MONUMENT SMOKE SHOP & MORE 1545 MONUMENT BLVD CONCORD CA 94520 No No N/A N/A Not available 12/17/2012 No Violations Observed N/A SUPER LIQUOR & FOOD 1511 MONUMENT BLVD CONCORD CA 94520 No No N/A N/A Not available 12/17/2012 No Violations Observed N/A 97 CENTS AND UP 1955 MONUMENT BLVD # 4D CONCORD CA 94520 No No N/A N/A Not available 12/14/2012 No Violations Observed N/A FOOD MAXX #481 1751 MONUMENT BLVD CONCORD CA 94520 No No N/A N/A Not available 12/14/2012 No Violations Observed N/A RITE AID #5913 1905 MONUMENT BLVD CONCORD CA 94520 No No N/A N/A Not available 12/14/2012 No Violations Observed N/A WALGREENS #15003 1990 MONUMENT BLVD CONCORD CA 94520 No No N/A N/A Not available 12/14/2012 No Violations Observed N/A

From: C Geraghty <[email protected]>
Sent: Tuesday, May 23, 2023 8:30 AM
To: City Clerk <[email protected]>
Subject: Item 6 A on the agenda - Tobacco Retailers License Program

Considering – introduction of an Ordinance Amending Chapter 5.100 of the Concord Municipal Code (Tobacco Retailers License Program), Including to Prohibit Flavored Tobacco Products, Prohibit the Sale of Tobacco Vape and E-Cigarette Products, Establish Minimum Price and Pack Sizes for Tobacco Products, Prohibit Couponing and Discounting for Tobacco Products, Enhance Nuisance And Enforcement Provisions, and Make Other Non- 7 Substantive Text Changes, by reading of the title only and waiving further reading. Report by Justin Ezell, Assistant City Manager.

_____

I do not VAPE nor do I use E- Cigarette products. I do however feel that taking away rights and hurting business that sell Tobacco products is to me not justice, we are giving more rights to those that sell marijuana. Government is to protect people with laws and rules not to control what people do. Enforcement of those business that sell to underage people and to those adults that buy for under aged individuals would be a better way to go. Making a minimum price and removing couponing does make sense.

What Concord is telling our young, you can smoke Marijuana but we are drawing a line on cigarettes.

Remember that older people smoke and it would be hard for them to quite smoking, those in their 70's and above. Maybe having programs for those over 70. According to the CDC cigarette smoking, vaping is on the decline for youth. We can continue this with education not banning. Once we finish banning cigarettes what is next, favored soda. Marijuana use is on the rise for the youth and Concord has no problem with that.

I understand that cigarette smoke can be bothersome and we block smoking at Todos Santos and other public locations in Concord which is good. However i do not smell cigarettes smoke, I smell marijuana everywhere I go. so if we ban one we need to ban the other. From the CDC "marijuana smoke irritates the lungs and people that smoke marijuana can have the same breathing problems of those that smoke cigarettes" They go on to say " The compounds in marijuana can affect the circulatory system and my increase the risk of heart attacks and strokes. Smoking marijuana can lead to a greater risk of bronchitis, cough and phlegm production." Just like cigarette smoking, vaping and E-cigarettes. I say this in jest - if we ban one lets ban all. I honestly believe we should not ban anything, instead we should continue education and resources to assist people, including our youth.

Thank you and have a wonderful day
Colleen Geraghty
Concord

From: Cherise Khaund <[email protected]>
Sent: Tuesday, May 23, 2023 1:57 PM
To: City Clerk <[email protected]>
Subject: 6a - in support of Tobacco Ordinance

Dear Concord City Council,

I'm writing to thank you and your staff for moving forward on an ordinance to limit tobacco sales and marketing, especially those that are targeted towards youth.

By consulting with key organizations like the American Heart Association and LGBTQ Minus Tobacco, you now have on this agenda a well written ordinance to meet that goal.

I encourage you to vote yes on this ordinance, and to not exempt hookah lounges.

We all know that traditional hookah did not include flavors like gummy bear, which are obviously meant to entice youth and young adults to try hookah. We also know that over 100 studies have shown that minimum price requirements on cigarettes are effective in reducing youth smoking and even adult addiction.

I applaud your efforts to protect our youth, and thank you in advance for taking this very necessary step as a city. Though our schools all have educational programs to inform students about the dangers of these products, clearly that alone is not deterring enough of them. Preventing these dangerous products from being so easily available to entice to youth right near our schools is important and necessary.

Sincerely,

Cherise

Cherise Khaund
MDUSD School Board Trustee and parent

From: Obringer, Carlyn <[email protected]> Sent: Saturday, May 20, 2023 9:15 AM
To: [email protected]
Cc: Fockler, Joelle <[email protected]>
Subject: Support Letter for May 23rd Item 6A

Good morning, Blythe,
Thank you for sharing this letter with me. I am copying our City Clerk on this response so that it can be included in the public record and shared with the full council.

Best Regards,
Carlyn

Carlyn Obringer
City Councilmember, District 2
City of Concord

From: Blythe Young <[email protected]>
Sent: Friday, May 19, 2023 1:47 PM
To: Obringer, Carlyn <[email protected]> Subject: Support Letter for May 23rd Item 6A

Dear Councilmember Obringer,

Thank you again for taking the time to meet with our coalition. Please see attached letter of support with suggested amendments for Concord’s proposed Tobacco Retail License Ordinance update under item 6A on Tuesday’s agenda.

Details re requested amendments from the American Heart Association’s perspective include:

• A minimum of one compliance check per 12-month period, with an annual fee to cover the cost of enforcement and administration.
• An explicit statement that “Enforcement pertains to compliance of tobacco retail sale and does not apply to youth purchase, use or possession of tobacco products. There will be no penalty for youth” – LGBTQ has a version of this in their slides that meets this need as well. • A comprehensive flavored tobacco sales restriction with no exemption for hookah businesses – as mentioned on our call we have not seen hookah lounges close where other jurisdictions have enacted comprehensive policies.

If you have any additional questions or concerns, please feel free to reach out.

Thank you for your support on this vital health issue,

Blythe

Blythe Young (she/her)
Community Advocacy Director
American Heart Association
1111 Broadway Ste 1360 | Oakland | CA | 94607
707.834.4399

Bay Area Division

426 17th St, Ste. 300, Oakland, CA 94612
Phone (510) 903-4050 Fax (510) 903-4049

www.heart.org
Dear Mayor and Council,
The American Heart Association respectfully asks the City to adopt a flavored tobacco sales restriction of all flavored tobacco products in the City of Concord without an exemption for hookah. This proposed policy will reduce access to the products that are the tobacco industry’s key strategy for targeting and addicting new smokers, Concord’s youth.

We know policy is only as strong as enforcement and flavored tobacco restriction needs a strong Tobacco Retail License (TRL) to be effective. We ask that the City also include a codified minimum of one compliance check per 12 months in your update to Concord’s existing Tobacco Retail License. Strong TRLs include: a fee that is high enough to cover the cost of enforcement, a minimum number of compliance checks per year with rechecks upon violation, a designated enforcement body and a penalty structure that applies to the owner/licensee (see attached best practices document). We also ask that the city include a statement that any enforcement of tobacco policies applies to the tobacco retailer and not to youth who may purchase, use or possess tobacco.

We understand City Staffing may be a limitation and have provided staff with a contract model for a Community Organization to conduct inspections in partnership with the City.

The tobacco industry is actively and aggressively working to addict new young people, particularly those from communities of color, with flavored tobacco products. They know that flavors like grape, mint (menthol), cotton candy, bubble gum and gummy bears mask the harsh taste of tobacco and are highly appealing to youth.

Ending the sale of all flavored tobacco products and providing teeth to your tobacco control laws with funded proactive compliance will help protect our community from tobacco addiction and is crucial to preventing tobacco-related death and disease. Thank you for your consideration of this vital health policy priority.

Sincerely,

Dr. John Maa, Board Member
Bay Area Division, American Heart Association

May 19th, 2023
City of Concord
1950 Parkside Drive
Concord, CA 94519

Tobacco Regulations
Justin Ezell
Assistant City Manager
May 23, 2023
1

Background
2 •Discussion referred to PDIO Committee on May 24, 2022 •Tobacco regulations discussed by PDIO Committee on
October 18, 2022
•SB 793 took effect on December 21, 2022, prohibiting the sale of most but not all flavored tobacco products
•City Council consideration on January 10, 2023

Senate Bill 793
3 Prohibits the sale of flavored tobacco products with the following exceptions:
- Hookah/shisha tobacco
- Premium cigars sold for $12 or more
- Loose leaf pipe tobacco

City Council Direction on January 10, 2023
Revisions to the Tobacco Retailer License Program:

1. Prohibitions on all flavored tobacco products

2. Prohibitions on the sale of all tobacco vape/e-cigarettes

3. Prohibitions on couponing and discounting

4. Establishing minimum price and pack sizes
4

Neighboring City Regulations
5 •Attachment 2 summarizes regulations
• Includes Contra Costa County and all agencies within

City of Antioch
6 •Enacted stringent regulations in 2022
• Minimum package size
• Minimum prices
• Prohibition on flavored tobacco
• Prohibition on electronic cigarettes
•Loosened regulations in April 2023
• Eliminated minimum price and package size regulations • Kept ban on flavored tobacco products and electronic cigarettes

Concord’s Tobacco Retailers
7 •87 licensed retailers
• Markets – 45
• Gas stations – 31
• Smoke shops – 9
• Hookah lounges – 2

Hookah Lounges
8 •Two existing hookah lounges
• Oo Hookah Lounge at 3425 Chestnut
• Sheesh Hookah Lounge at 1120 Contra Costa Boulevard
•Updated development code prohibits new hookah lounges
•Existing hookah lounges are legal, non-conforming uses

Amended Ordinance Summary
9 •Will prohibit all flavored tobacco products
• Includes presumptive flavored tobacco products
•Will prohibit all tobacco vape/e-cigarette sales
•Will prohibit coupons and discounts
•Will establish minimum price and pack sizes
•Provides exceptions for existing hookah establishments

Compliance and Enforcement
10 •Informational mailers sent to all retailers
•Concord Connect reporting tool created
•Quarterly compliance checks at 12 locations (48 annual) • Locations will be equally distributed among three police districts • Retailers will receive citations for observed violations • Inspections will begin in July 2023

Community Outreach
11 •Meetings with advocacy groups
•Meetings with tobacco retailers
• Notices mailed to all tobacco retailers
• Informational meeting held on May 15
• Personal site visits to share information

Possible Council Actions
12 A. Adopt the amended ordinance as currently written
B. Modify the draft amendment and then adopt
C. Reject the amendment and maintain status quo

Council Questions and
Public Comment
13 Discussion on Tobacco Regulations

Staff Report
Date: May 23, 2023
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: William Tarbox, Director of Public Works
Prepared by: Jeffrey Rayos, Senior Administrative Analyst [email protected]
(925) 671-3448
Subject: Considering adoption of four (4) Resolutions confirming the annual Engineer’s Report and Assessment Diagrams for levies and assessments for the Downtown Landscape Maintenance
District, Pine Hollow Landscape & Lighting District, Landscape & Lighting District No. 3, and the Citywide Street Lighting Assessment District for Fiscal Year 2023-24.

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

Report in Brief
With this Public Hearing, the City Council will continue the process required by the Landscaping and Lighting Act of 1972 and Proposition 218, to reconfirm the four Landscaping and Lighting Maintenance Districts administered by the City for Fiscal Year 2023-24.

Recommended Action
Receive testimony from interested persons regarding the confirmation of assessment districts and the levy of assessments for Fiscal Year 2023-24, and adopt four (4) Resolutions confirming the assessments identified in the annual Engineer’s Report and Assessment Diagram for the Downtown Landscape Maintenance District, Pine Hollow Landscape & Lighting District, Landscape & Lighting District No. 3, and the Citywide Street Lighting Assessment District for Fiscal Year 2023-24.

6.b6.b6.b6.b6.b6.b6.b6.b6.b6.b

City Council Agenda Report
Agenda Item No. 6.b
May 23, 2023
Background
On April 25, 2023, the City Council adopted resolutions accepting the Preliminary Engineer’s Reports and declaring the City Council’s Intent to Levy Assessments and Order Improvements within the Downtown Landscape Maintenance District, the Pine Hollow Landscape and Lighting Maintenance District, the Landscaping and Lighting Maintenance District No. 3, and the Citywide Street Lighting Assessment District.

District No. 3 is a combined district that includes Kirkwood, Ygnacio Woods, Balhan Terrace, and Valley Terrace subdivisions. The Engineer’s Reports were prepared by a registered engineer and contain five (5) parts:
 Plans and specifications for the intended assessment district improvements.  A cost estimate of the improvements.
 An assessment diagram of the area to be assessed.
 Assessment amounts based on the level of benefit received from the improvement by each parcel.
 An assessment roll listing the parcels to be assessed.

The purpose of the Engineer’s Report is to provide a public document that delineates the improvements expected to be installed or maintained by the assessment district, describes the methods used by the Assessment District Engineer to determine the level of benefit received by each parcel in the district, and provides proposed assessment amounts for each parcel.

Analysis
The subject Districts are not required to comply with Proposition 218 balloting requirements unless the assessments are projected to be increased beyond the voter approved assessments, excluding any approved consumer price index (CPI) increase or mathematical formula that was approved by voters. City staff have determined that it is not necessary to increase the assessments for FY 2023-24 beyond any previously approved CPI index calculation increase; therefore, a Proposition 218 vote is not required.

The Assessment District Engineering Services firm Francisco & Associates, Inc. has prepared the Final Engineer’s Reports and filed them with the City Clerk (Attachments 5-8). The reports contain detailed descriptions of the improvements and associated costs, the properties to be assessed, and the proposed assessments on each parcel within each district.

The Landscaping and Lighting Act of 1972 requires the City Council to accept the Final Engineer’s Reports at this time; however, approval is not final until after the Council conducts a public hearing. The Resolutions of Intention set a required public

City Council Agenda Report
Agenda Item No. 6.b
May 23, 2023
hearing for May 23, 2023, at 6:30 p.m. in the City of Concord Council Chamber, located at 1950 Parkside Drive.

At the conclusion of the Public Hearing, the City Council may adopt a Resolution confirming the levy of assessments as originally proposed or modified unless a majority protest exists. Upon final adoption, the Districts will be reconfirmed for FY 2023-24 and the assessment amounts will be posted to the County tax rolls. These assessments will appear as a separate item on the property tax bill for each parcel.

Concord’s Districts provide landscape and/or lighting maintenance services in the following six (6) areas of Concord:
 Downtown Landscape Maintenance District
 Pine Hollow Landscape Maintenance District
 Kirkwood Landscape Maintenance District
 Ygnacio Woods Landscape Maintenance District
 Balhan Terrace Maintenance District
 Valley Terrace Maintenance District
In addition, there is a citywide District for streetlights, referred to as the Citywide Street Lighting Assessment District.

Separate financial plans were developed for the Citywide Street Lighting, Downtown, and Pine Hollow Districts. The Kirkwood, Ygnacio Woods, Balhan Terrace, and Valley Terrace Districts were combined into a single District in 1979, known as Landscaping and Lighting Maintenance District No. 3. To accurately track the operation and maintenance costs for each of the benefit zones in District No. 3, individual financial plans were also developed. The revenue and appropriation assumptions developed for the City’s enterprise funds were also used in each of the Districts’ financial plans. The individual financial plans for each District are discussed below.

Downtown Landscape Maintenance District:

The Downtown Landscape Maintenance District was created on November 14, 1983, for the purpose of maintaining landscaping in the downtown area. The District was ratified by the property owners and reconfirmed through a Proposition 218 election in 1997. The total assessment is based on each parcel’s square footage, street frontage, and respective benefit zone. The improvements within this District are generally described as the maintenance and servicing thereof of landscaping in street medians, public plazas, parking lots, and other public places, including street trees in public right-of-ways.

City Council Agenda Report
Agenda Item No. 6.b
May 23, 2023
The Downtown Maintenance District provides all landscape services for the Central Concord area, including Todos Santos Plaza and median islands on Willow Pass Road (between East Street and Contra Costa Boulevard), Concord Avenue and Market Street. A mix of City employees and a professional landscaping firm provide all maintenance services charged to the District. The estimated cost of the landscape maintenance contract for FY 2023-24 is $394,037 with the total expenditures including utilities, capital reserves, administration, engineering services and fixed charges estimated at $988,590.

A successful Proposition 218 election was conducted in FY 2006-07 to increase the annual assessments beginning in FY 2007-08. This election also included an automatic inflation factor to ensure the long-term solvency of the District. The District is still supported by General Funds for City-provided administrative support and general services.

Pine Hollow Landscape Maintenance District:

The Pine Hollow Landscape Maintenance District provides all landscape services on the south side of Pine Hollow Road, east of Ygnacio Valley Road, between the PG&E substation and Rolling Woods Way, including landscaping up to Crystal Ranch. All of the landscape services charged to the Pine Hollow District are provided through a contract managed by the Public Works Department. The estimated cost of the landscape maintenance contract for FY 2023-24 is $40,782 with the total expenditures including utilities, capital reserves, administration, engineering services and fixed charges estimated at $85,152. Additionally, the Public Works Department will be overseeing a conditions assessment project contract in the amount of $4,000. This conditions assessment was not completed in FY2022-23.

Landscaping and Lighting District No. 3:

Landscaping and Lighting District No. 3 is comprised of four different subdivisions:

Kirkwood, Ygnacio Woods, Balhan Terrace, and Valley Terrace. With the exception of Ygnacio Woods, all other landscape services charged to the combined District No. 3 are provided through a contract managed by the Public Works Department. City employees provide landscape services for Ygnacio Woods.

A capital replacement reserve budget appropriation of $2,040 occurs each year to avoid a fund balance deficit. Once firmly established, this reserve will allow planning for upgrading and replacement of older technology sprinkler systems, landscape features, or other capital items approaching the end of their useful life. Currently, landscaping in Kirkwood is provided by a private contractor and managed by the Public Works Department. The estimated cost of landscape maintenance for FY 2023-24 is $47,698.

City Council Agenda Report
Agenda Item No. 6.b
May 23, 2023
This will be the 18th year of automatic CPI inflation increases for the Ygnacio Woods assessments, following the successful Proposition 218 election in FY 2004-05. Ygnacio Woods landscaping maintenance cost for FY 2023-24 is estimated at $9,012.

Balhan Terrace and Valley Terrace are assessed only for the cost of street lighting within these subdivisions and continue to require zero assessments due to State tax augmentation funds. These funds are sufficient to maintain the districts. State tax augmentation funds are rebates from the State to offset the impacts of Proposition 13 on Landscaping and Lighting Districts in existence prior to 1978.

Citywide Street Lighting District:

The Concord Citywide Street Lighting Assessment District was formed in FY 1988- 89 for the purpose of funding the installation, maintenance and servicing of public lighting facilities in public places within the district. The district includes all parcels of land within the incorporated limits of the City of Concord that benefit from existing or newly installed streetlights. The total assessment is divided among the parcels of land in proportion to the estimated benefits to be received by that parcel.

Improvements within this district generally consist of the installation, maintenance, and servicing of public lighting facilities in public places within the district. Public lighting facilities consist of pole mounted street lights within the public right-of-way and public parking areas in the City of Concord. Lighting facilities are intended to provide safety, security, and convenience for residents, businesses, autos and pedestrians. The Citywide Street Lighting Assessment District is maintained by City staff and provides street lighting services including electrical costs, street light repair and replacement, capital improvements, and Assessment District proceedings. The estimated cost of the electricity for the Citywide Street Lighting Assessment District for FY 2023-24 is $459,000 with total expenditures including utilities, consultation services, administration, engineering services, debt service, and fixed charges estimated at $1,276,635.

City Council Agenda Report
Agenda Item No. 6.b
May 23, 2023
District Assessments:

With the exception of the automatic inflation increases in the Downtown Landscape Maintenance District and the Ygnacio Woods Benefit Zone of District No. 3, the assessment rates in all districts remain unchanged for FY 2023-24. The assessed amounts pay for the following assessment district costs: landscape maintenance, water, electricity, non-scheduled repairs, contingency, and assessment district administration expenses:

Downtown Landscape Maintenance District
2022/2023
Assessment
2023/2024
Proposed
Range Per
Parcel Comments
Downtown $460,997 $483,449 $1.38 -
$16,210
Inflation factor
Pine Hollow Landscape Maintenance District
2022/2023
Assessment
2023/2024
Proposed
Range Per
Parcel Comments
Pine Hollow $61,755 $61,755 $70 - $305 No change
Landscaping & Lighting Maintenance District No. 3
2023/2023
Assessment
2023/2024
Proposed
Assessment
Per Parcel Comments
Kirkwood $19,020 $19,020 $40.64 No change
Ygnacio Woods $11,215 $11,552 $330.06 Inflation factor
*Balhan $0 $0 $0 No change
*Valley Terrace $0 $0 $0 No change
*Funded through State of California tax augmentation
Citywide Street Lighting Assessment District
2022/2023
Assessment
2023/2024
Proposed
Typical Range
Per Parcel Comments
Citywide Street
Lighting
$1,044,092 $1,044,092 $12.50 - $500 No Change

City Council Agenda Report
Agenda Item No. 6.b
May 23, 2023
Financial Impact
Landscape District budgets are separate from the City’s General Fund. Assessments collected finance the maintenance of the districts. The Public Works Department costs for labor and materials associated with the Ygnacio Woods Benefit Zone, the Downtown Maintenance District, and the Citywide Street Lighting Assessment District are charged to the individual district budgets.

Public Contact
The City Council Agenda was posted. Each year the City invites property owners within the assessment districts to attend and participate in a community meeting, which was held via Zoom on April 13, 2023.

Attachments

1. Resolution – Downtown Landscape Maintenance District

2. Resolution – Pine Hollow Estates Landscape and Lighting District

3. Resolution – Landscape & Lighting District No. 3

4. Resolution – Citywide Lighting Assessment Maintenance District

5. Final Engineer’s Report – Downtown Landscape Maintenance District

6. Final Engineer’s Report – Pine Hollow Estates Landscape and Lighting District

7. Final Engineer’s Report – Landscape & Lighting District No. 3

8. Final Engineer’s Report – Citywide Lighting Assessment Maintenance District

9. Final Assessment Roll – Citywide Lighting Assessment Maintenance District

Res No. 23-XX 1

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Confirming the Assessment Diagram
and Levy of Assessments for Maintenance within the
Downtown Landscape Maintenance District for Fiscal
Year 2023/24
Resolution No. 23-XX
/
WHEREAS, the City Council, by Resolution No. 84-73, established the Downtown Landscape Maintenance District pursuant to the provisions of the Streets and Highways Code Section 22500, et seq. of the Landscape and Lighting Act of 1972; and WHEREAS, the City Council, at its regular meeting on March 7, 2023, adopted Resolution No. 23-12, ordering the preparation of an Engineer’s report for the Downtown Landscape Maintenance District; and
WHEREAS, the City Council, at its regular meeting on April 25, 2023, adopted Resolution No. 22-28 accepting the Preliminary Engineer’s Report; and WHEREAS, the City Council, at its regular meeting on April 25, 2023, also adopted Resolution No. 22-32 setting forth the Council’s intention to levy and collect assessments, and set a public hearing to be held on May 23, 2023, for receiving public testimony, confirming the Assessment Diagram, and levying assessments; and
WHEREAS, the City Council, at its public hearing on May 23, 2023, received public testimony and upon conclusion of the public hearing, the Council considered all oral statements and written protests made or filed by any interested person.

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

Section 1. The foregoing recitals are incorporated by reference. Pursuant to the California Environmental Quality Act of 1970, Public Resources Code §21000, et seq., as amended and implementing State CEQA Guidelines, Title 14, Chapter 3 of the California Code of Regulations (collectively, “CEQA”), these activities do not constitute a “project” within the meaning of Public Resources Code Section 21065, 14 Cal Code Reg. Section 15060(c)(2), 15060(c)(3), or 15378 Attachment 1

Res No. 23-XX 2
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. In addition, the Amendment is categorically exempt pursuant to Section 15061(b)(3), “Review for Exemptions” of the CEQA Guidelines because there is no possibility that these activities may have a significant effect on the environment, and no further environmental review is required. No unusual circumstances are present.

This determination reflects the City’s independent judgment and analysis.

Section 2. Confirms the assessments for the Downtown Landscape Maintenance District as identified in the Engineer’s Report and Assessment Diagram of the area to be assessed and levies the assessment for the 2023/2024 fiscal year.

Section 3. Directs the City Clerk to assist the Engineer of Work, who will file a certified copy of the Diagram and the Assessments with the Contra Costa County Auditor, pursuant to the Streets and Highways Code Section 22641, et seq.

Section 4. This resolution shall become effective immediately upon its passage and adoption.

PASSED AND ADOPTED by the City Council of the City of Concord on May 23, 2023, by the following vote:

AYES: Councilmembers -
NOES: Councilmembers -
ABSTAIN: Councilmembers -
ABSENT: Councilmembers -
I HEREBY CERTIFY that the foregoing Resolution No. 23-XX was duly and regularly adopted at a regular meeting of the City Council of the City of Concord on May 23, 2023.

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney

Res No. 23-XX 1

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Confirming the Assessment Diagram
and Levy of Assessments for Maintenance within the
Pine Hollow Estates Landscape and Lighting
Maintenance District for Fiscal Year 2023/24
Resolution No. 23-XX
/
WHEREAS, the City Council, by Resolution No. 85-15, established the Pine Hollow Landscape Maintenance District pursuant to the provisions of the Streets and Highways Code Section 22500, et seq. of the Landscape and Lighting Act of 1972; and WHEREAS, the City Council, at its regular meeting on March 7, 2023, adopted Resolution No. 23-13, ordering the preparation of an Engineer’s report for the Pine Hollow Landscape Maintenance District; and
WHEREAS, the City Council, at its regular meeting on April 25, 2023, adopted Resolution No. 23-29 accepting the Preliminary Engineer’s Report; and WHEREAS, the City Council, at its regular meeting on April 25, 2023, also adopted Resolution No. 23-33 setting forth the Council’s intention to levy and collect assessments, and set a public hearing to be held on May 23, 2023, for receiving public testimony, confirming the Assessment Diagram, and levying assessments; and
WHEREAS, the City Council, at its public hearing on May 23, 2023, received public testimony and upon conclusion of the public hearing, the Council considered all oral statements and written protests made or filed by any interested person.

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

Section 1. The foregoing recitals are incorporated by reference. Pursuant to the California Environmental Quality Act of 1970, Public Resources Code §21000, et seq., as amended and implementing State CEQA Guidelines, Title 14, Chapter 3 of the California Code of Regulations (collectively, “CEQA”), these activities do not constitute a “project” within the meaning of Public Resources Code Section 21065, 14 Cal Code Reg. Section 15060(c)(2), 15060(c)(3), or 15378 Attachment 2

Res No. 23-XX 2
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. In addition, the Amendment is categorically exempt pursuant to Section 15061(b)(3), “Review for Exemptions” of the CEQA Guidelines because there is no possibility that these activities may have a significant effect on the environment, and no further environmental review is required. No unusual circumstances are present.

This determination reflects the City’s independent judgment and analysis.

Section 2. Confirms the assessments for the Pine Hollow Landscape Maintenance District as identified in the Engineer’s Report and Assessment Diagram of the area to be assessed and levies the assessment for the 2023/2024 fiscal year.

Section 3. Directs the City Clerk to assist the Engineer of Work, who will file a certified copy of the Diagram and the Assessments with the Contra Costa County Auditor, pursuant to the Streets and Highways Code Section 22641, et seq.

Section 4. This resolution shall become effective immediately upon its passage and adoption.

PASSED AND ADOPTED by the City Council of the City of Concord on May 23, 2023, by the following vote:

AYES: Councilmembers -
NOES: Councilmembers -
ABSTAIN: Councilmembers -
ABSENT: Councilmembers -
I HEREBY CERTIFY that the foregoing Resolution No. 23-XX was duly and regularly adopted at a regular meeting of the City Council of the City of Concord on May 23, 2023.

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney

Res No. 23-XX 1

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Confirming the Assessment Diagram
and Levy of Assessments for Maintenance within the
Landscape and Lighting Maintenance District No. 3
for Fiscal Year 2023/24
Resolution No. 23-XX
/
WHEREAS, the City Council, by Resolution No. 79-6202, established the Landscape and Lighting Maintenance District No. 3 pursuant to the provisions of the Streets and Highways Code Section 22500, et seq. of the Landscape and Lighting Act of 1972; and WHEREAS, the City Council, at its regular meeting on March 7, 2023, adopted Resolution No. 23-14, ordering the preparation of an Engineer’s report for the Landscape and Lighting Maintenance District No. 3; and
WHEREAS, the City Council, at its regular meeting on April 25, 2023, adopted Resolution No. 23-30 accepting said Preliminary Engineer’s Report; and WHEREAS, the City Council, at its regular meeting on April 25, 2023, also adopted Resolution No. 23-34 setting forth the Council’s intention to levy and collect assessments, and set a public hearing to be held on May 23, 2023, for receiving public testimony, confirming the Assessment Diagram, and levying assessments; and
WHEREAS, the City Council, at its public hearing on May 23, 2023, received public testimony and upon conclusion of the public hearing, the Council considered all oral statements and written protests made or filed by any interested person.

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

Section 1. The foregoing recitals are incorporated by reference. Pursuant to the California Environmental Quality Act of 1970, Public Resources Code §21000, et seq., as amended and implementing State CEQA Guidelines, Title 14, Chapter 3 of the California Code of Regulations (collectively, “CEQA”), these activities do not constitute a “project” within the meaning of Public Resources Code Section 21065, 14 Cal Code Reg. Section 15060(c)(2), 15060(c)(3), or 15378 Attachment 3

Res No. 23-XX 2
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. In addition, the Amendment is categorically exempt pursuant to Section 15061(b)(3), “Review for Exemptions” of the CEQA Guidelines because there is no possibility that these activities may have a significant effect on the environment, and no further environmental review is required. No unusual circumstances are present.

This determination reflects the City’s independent judgment and analysis.

Section 2. Confirms the assessments for the Landscape and Lighting Maintenance District No. 3 as identified in the Engineer’s Report and Assessment Diagram of the area to be assessed and levies the assessment for the 2023/2024 fiscal year.

Section 3. Directs the City Clerk to assist the Engineer of Work, who will file a certified copy of the Diagram and the Assessments with the Contra Costa County Auditor, pursuant to the Streets and Highways Code Section 22641, et seq.

Section 4. This resolution shall become effective immediately upon its passage and adoption.

PASSED AND ADOPTED by the City Council of the City of Concord on May 23, 2023, by the following vote:

AYES: Councilmembers -
NOES: Councilmembers -
ABSTAIN: Councilmembers -
ABSENT: Councilmembers -
I HEREBY CERTIFY that the foregoing Resolution No. 23-XX was duly and regularly adopted at a regular meeting of the City Council of the City of Concord on May 23, 2023.

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney

Res No. 22-XX 1

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Confirming the Assessment Diagram
and Levy of Assessments for Maintenance within the
Citywide Street Lighting Assessment District for
Fiscal Year 2023/24
Resolution No. 23-XX
/
WHEREAS, the City Council, by Resolution No. 88-46, established the Citywide Street Lighting Assessment District pursuant to the provisions of the Streets and Highways Code Section 22500, et seq. of the Landscape and Lighting Act of 1972; and WHEREAS, the City Council, at its regular meeting on March 7, 2023, adopted Resolution No. 23-15, ordering the preparation of an Engineer’s report for the Citywide Street Lighting Assessment District; and
WHEREAS, the City Council, at its regular meeting on April 25, 2023, adopted Resolution No. 23-31 accepting said Preliminary Engineer’s Report; and WHEREAS, the City Council, at its regular meeting on April 25, 2023, also adopted Resolution No. 23-35 setting forth the Council’s intention to levy and collect assessments, and set a public hearing to be held on May 23, 2023, for receiving public testimony, confirming the Assessment Diagram, and levying assessments; and
WHEREAS, the City Council, at its public hearing on May 23, 2023, received public testimony and upon conclusion of the public hearing, the Council considered all oral statements and written protests made or filed by any interested person.

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

Section 1. The foregoing recitals are incorporated by reference. Pursuant to the California Environmental Quality Act of 1970, Public Resources Code §21000, et seq., as amended and implementing State CEQA Guidelines, Title 14, Chapter 3 of the California Code of Regulations (collectively, “CEQA”), these activities do not constitute a “project” within the meaning of Public Resources Code Section 21065, 14 Cal Code Reg. Section 15060(c)(2), 15060(c)(3), or 15378 Attachment 4

Res No. 23-XX 2
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. In addition, the Amendment is categorically exempt pursuant to Section 15061(b)(3), “Review for Exemptions” of the CEQA Guidelines because there is no possibility that these activities may have a significant effect on the environment, and no further environmental review is required. No unusual circumstances are present.

This determination reflects the City’s independent judgment and analysis.

Section 2. Confirms the assessments for the Citywide Street Lighting Assessment District as identified in the Engineer’s Report and Assessment Diagram of the area to be assessed and levies the assessment for the 2023/2024 fiscal year.

Section 3. Directs the City Clerk to assist the Engineer of Work, who will file a certified copy of the Diagram and the Assessments with the Contra Costa County Auditor, pursuant to the Streets and Highways Code Section 22641, et seq.

Section 4. This resolution shall become effective immediately upon its passage and adoption.

PASSED AND ADOPTED by the City Council of the City of Concord on May 23, 2023, by the following vote:

AYES: Councilmembers -
NOES: Councilmembers -
ABSTAIN: Councilmembers -
ABSENT: Councilmembers -
I HEREBY CERTIFY that the foregoing Resolution No. 23-XX was duly and regularly adopted at a regular meeting of the City Council of the City of Concord on May 23, 2023.

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney

City of Concord
Downtown Landscape
Maintenance District
Fiscal Year 2023-24
Final Engineer’s Report
May 23, 2023
Attachment 5

City of Concord Downtown Fiscal Year 2023-24
Landscape Maintenance District Table of Contents

i

TABLE OF CONTENTS

Page No.

City Council Members and City Staff .......................................................................... ii

Signatures .................................................................................................................. iii

Section I - Introduction ............................................................................................... 1

Section II – Engineer’s Report ................................................................................... 4

Part A - Plans and Specifications ............................................................. 6

Part B - Estimate of Cost .......................................................................... 7 Table 1: Cost Estimate .................................................................... 7

Part C - Assessment District Diagram ...................................................... 9 Figure 1: District Boundaries & Thoroughfare Median Zone .......... 10 Figure 2: Todos Santos Plaza Zone .............................................. 11 Figure 3: Collector Median Zone ................................................... 11 Figure 4: Streetscape Zone ........................................................... 12

Part D - Method of Apportionment of Assessment ................................. 13 Table 2: Maintenance Cost Allocation by Benefit Zone ............. 14

Part E - Property Owner List & Assessment Roll .................................... 18

Appendix “A” – Fiscal Year 2023-24 Assessment Roll

City of Concord Downtown Fiscal Year 2023-24
Landscape Maintenance District Council Members & City Staff

ii

CITY COUNCIL MEMBERS AND CITY STAFF

Laura Hoffmeister
Mayor

Edi E. Birsan
Vice Mayor
Dominic Aliano
Council Member

Laura Nakamura
Council Member
Carlyn Obringer
Council Member

Valerie Barone
City Manager

Susanne Brown
City Attorney
Joelle Fockler
City Clerk

Francisco & Associates
Assessment Engineer

City of Concord Downtown Fiscal Year 2023-24
Landscape Maintenance District Signatures

iii
ENGINEER’S REPORT

CITY OF CONCORD

DOWNTOWN LANDSCAPE MAINTENANCE DISTRICT

Fiscal Year 2023-24

The undersigned, acting on behalf of Francisco & Associates, respectfully submits the enclosed Engineer's Report as directed by the City of Concord City Council pursuant to the provisions of Article XIIID, Section 4 of the California Constitution, and the Landscaping and Lighting Act of 1972, Sections 22500 seq. of the California Streets and Highways Code. The undersigned certi fies that he is a P rofessional E ngineer, registered in the State of California.

Dated: April 26, 2023 Engineer of Work

____________________________
Eduardo R. Espinoza, P. E.

R.C.E. No. 83709

I HEREBY CERTIFY that the e nclosed Eng ineer's R eport, together with t he Assessment Roll and Assessment Diagram thereto attached, was filed with me on the ________ day of ____, 2023.

_____________________________
Joelle Fockler, City Clerk
City of Concord
Contra Costa County, California

I H EREBY CERTIFY that the enclosed E ngineer's Report, together with the Assessment Roll and Assessment Diagram thereto attached, was approved, and confirmed by the Council of the City of Concord, Contra Costa County, California, on the _________ day of ____, 2023.

_____________________________
Joelle Fockler, City Clerk
City of Concord
Contra Costa County, California

City of Concord Downtown Fiscal Year 2023-24
Landscape Maintenance District Section I – Introduction

1 SECTION I

INTRODUCTION
ENGINEER’S REPORT

CITY OF CONCORD

DOWNTOWN LANDSCAPE MAINTENANCE DISTRICT

FISCAL YEAR 2023-24

Background Information
The Downtown Landscape Maintenance D istrict (the “District”) was created on June 4, 1984 (per City Council Resolution 1984-73) for the purpose of maint aining landscaping (including trees) in the downtown area of Concord. An assessment is levied each year on parcels within the District to help supplement the City’ s costs f or providing a higher level of landscape maintenance services within the downtown area.

In 1996, the California electorate approved Proposition 218 entitled "Right to Vote on Taxes Act ", which a dded A rticles XIIIC and XII ID to the California Co nstitution.

Proposition 218 created numerous changes to the process of forming and administering assessment districts. One of the most significant changes was that existing landscape maintenance districts needed to be ratified by the property owners if the districts had not previously been approved by a property owner vote. In addition, i f a C ity proposes to increase assessments, Proposition 218 requires that all property owners be mailed a notice and bal lot allowing them the oppor tunity t o vo te either i n favo r o r a gainst the proposed increase in assessment. Proposition 218 also requires all propert ies to be assessed if they benefit from the enhanced level of landscaping within the downtown area, including public agency parcels.

Pursuant to t he requirem ents o f P roposition 218, t he Downtown Landscape Maintenance District was ratified by the property owners and reconfirmed through a mailed ballot election. The City of Concord held a Public Meeting on June 10, 1997 and a Public Hearing on June 17, 1997, to provide an opportunity for any interested person to be heard. At the Public Hearing, ballots were tabulated, and it was found that the property owners returning ballots in favor of the assessment r epresented more than 50% (weighted by assessment amount) of the ballots received, so the assessments for Fiscal Year 1997-98 and following years could continue to be levied. At the conclusion of the Public Hearing, the Concord City Council adopted Resolut ion No. 97-62, accepting the certification of the balloting results and Resolution No. 97- 59 confirming the Downtown Landscape Maintenance District and the levy of assessments for Fiscal Year 1997-98. When the District was ratified, approximately $200, 000 in revenue was being c ollected annua lly f or t he Downtown Lan dscape Maintenance District. This assessment collection rate of $200,000/yr. h ad been kept fairly constant from Fiscal Year 1997-98 through Fiscal Year 2006-07.

City of Concord Downtown Fiscal Year 2023-24
Landscape Maintenance District Section I – Introduction

2 In 2005, a detailed property asse ssment study was completed which identified that in future y ears, the District wou ld not have suffi cient funds to cover future expenditures unless revenues and/or expenditures were adjusted. In Fiscal Year 2007- 08, the City’s Ten-Year Plan indicated t he realization o f the fu ture shortfall i n t he Downtown Landscape M aintenance District. Therefore, the City implemented the following procedures to increase the assessment rates commencing in Fiscal Year 2007- 08 for the Downtown Landscape Maintenance District.

1) Every property owner subject to the proposed assessment increase was mailed a ballot allowing the property owner to vote on whether to increase the assessments. A notice describing the assessment, the individual property owner’s annual assessment r ate, the duration of the assessment, the reason for the assessme nt and t he basis upon which the assessment is calculated accompanied the ballots.

2) The ballots returned during the 45 days after mailing or before the close of the public input portion of the public hearing, were tabulated to determine whether a majority protest against the increase in assessment existed. The ballots were weighted by their proportionate amount of the total assessment.

3) Publicly owned properties are assessed unless there is cl ear and convinci ng evidence that those prop erties receive no speci al benefit from the assessment.

Exempted from the assessment are the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights-of-ways, public greenbelts and public parkways, and that portion of public property that is not developed and used for business purposes similar to private commercial, industrial, and institutional activities.

4) The City of Concord held a Public Hear ing, June 5, 2 007, to pro vide a n opportunity for any interested person to be heard. At the conclusion of the Public Hearing, ballots were tabulated, and it was found that 62.6% of the property owners returning ballots (weighted by assessment amount) were in favor of the assessment, so the assessment increase for Fiscal Year 2007- 08 and following years was authorized.

5) At the conclusion of the Public Hearing, the Concord City Council adopted Resolution No. 07- 41 confirming the Downtown Landscape Maintenance District increase and the levy of assessments for Fiscal Year 2007-08.

City of Concord Downtown Fiscal Year 2023-24
Landscape Maintenance District Section I – Introduction

3 Current Annual Administration
The costs of operation, maintenance, and servicing of the improvements to be funded by the District will be apportioned to each parcel withi n the District in proportion to the special benefit it rec eives. T he method of assessment may be amended from time to time by the City Council, in order to apportion the costs in relation to the benefits being received. However, if the assessments are incre ased from t he prior year, they will be subject to the noticing and balloting procedures referenced in Proposition 218.

Payment of the assessment for each parcel will be made in the same manner and at the same time as payments are made for property tax es. All funds collected through the assessment must be pl aced in a spe cial fund and can only be used for the purposes stated within this report.

As required by the Landscaping and Lighting Act of 1972, this Engineer's Report describes the improvements to be constructed, operated, maintained, and serviced by the District for Fiscal Year 2023-24, provides a cost estimate for the District, and lists the proposed assessments to be levied upon each assessable lot or parcel within the District.

The City will hold a Public Hearing on M ay 23, 2023, to provide an opport unity for any interested person to be heard. At the conclusion of the Public Hearing, the City Council may adopt a resolution confirming the levy of assessments as originally proposed or as modified. Following t he adoption of this r esolution, the final asse ssor's roll will be prepared and filed with the Contra Costa County Auditor's office to be included on the Fiscal Year 2023-24 tax roll.

City of Concord Downtown Fiscal Year 2023-24
Landscape Maintenance District Section II – Engineer’s Report

4 SECTION II

ENGINEER'S REPORT PREPARED PURSUANT TO THE PROVISIONS OF LANDSCAPING AND LIGHTING ACT OF 1972
SECTION 22500 THROUGH 22679

OF THE CALIFORNIA STREETS AND HIGHWAYS CODE

CITY OF CONCORD

DOWNTOWN LANDSCAPE MAINTENANCE DISTRICT

FISCAL YEAR 2023-24

Pursuant to the Landscaping & Lighting Act of 1972 (Part 2 of Division 15 of the Streets and Highways Code of the State of California, commencing with Section 22500) and in accordance with Resolution 23-28 accepting the Preliminary Engineer’s Report, and the Resolution of Intention (ordering improve ments and sett ing the Public He aring Dat e), being Resolution No. 23-32, both adopted on April 25, 2023 by the City Council of the City of Concord, I, Eduardo R. Espinoza , the duly appointed Engineer of Work, Assessment Engineer for the Downtown L andscape Maintenance District ( “District”), submit the following “Report” consisting of five (5) parts as follows:

PART A: PLANS AND SPECIFICATIONS

This part describes the improvements in the District. Plans and specifications for the improvements are as set forth on the lists thereof, attached hereto, and are on file in the Office of the City Clerk of the City of Concord, and are incorporated herein by reference.

PART B: ESTIMATE OF COST

This part contains an estimate of the cost of the proposed improvements for Fiscal Year 2023-24, in cluding incid ental costs and ex penses in connection therewith. This estimate is as set forth on the lists thereof, attached hereto, and is on file in the Office of the City Clerk of the City of Concord.

PART C: ASSESSMENT DISTRICT DIAGRAM

This part inc orporates, by reference, a Diag ram of th e Distric t showing the exterior boundaries of the District, the boundaries of any zones within the District, and the lines and dimensions of each lot or parcel of land within t he District. This Dia gram has been prepared by the Engineer of Work and is on file in the Office of the City Clerk of the City of Concord. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the m aps of the Contra Costa C ounty Assessor for the year when this Re port was p repared. The Asse ssor's maps and records are incorporated by reference herein and made part of this Report.

City of Concord Downtown Fiscal Year 2023-24
Landscape Maintenance District Section II – Engineer’s Report

5 PART D: METHOD OF APPORTIONMENT OF ASSESSMENT

This part describes the method of apportionmen t of asse ssments, based upon the parcel's size, and front footage within the District, in proportion to the estimated benefits to be received.

PART E: PROPERTY OWNER LIST & ASSESSMENT ROLL

This part contains an assessment based o n the estimated cost of the im provements apportioned to each benefited lot or parcel of land within the District. The Assessment Roll is filed in the Office of the Concord City Clerk and is incorporated as Appendix “A” in this Report. The list is keyed t o the records of the C ontra Costa Coun ty Assessor, which are incorporated herein by reference.

City of Concord Downtown Fiscal Year 2023-24
Landscape Maintenance District Section II – Part A

6 PART A

PLANS AND SPECIFICATIONS

The facilities, which have been constructed within the City of Concord's Downtown Landscape Maintenance District boundaries, an d those which may be subsequently constructed, will be operated, maintained, and service d a s generally described as follows:

DESCRIPTION OF IMPROVEMENTS

The following improvements are proposed to be operated, maintained, and serviced in the City of Con cord's Downtown Lands cape Maintenance District for Fiscal Year 2023- 24:

The installation, maintenance, and servicing of landscaping improvements (including street trees) located within the street right -of-way, including parkways, medians, public plazas, par king lots and other public p laces and rights-of-ways.

Maintenance means the furnishing of services and materials for the ordinary and usual operations, maintenance and servicing of the landscaping and appurtenant facilities, including repair, removal or replacement of all or part o f lands caping or a ppurtenant facilities; providing for the life, growth, health and beauty of the landscaping, including cultivation, irrigation, trimming, spraying, fertilizing and treating for disease or injury; and the removal of trimmings, rub bish, debris and other solid waste. Servicing mea ns the furnishing of water for the irrigation of the landscaping, or appurtenant facilities.

The plans and specifications for the improvements are on file in the Office of the Concord City Clerk.

City of Concord Downtown Fiscal Year 2023-24
Landscape Maintenance District Section II – Part B

7 PART B

ESTIMATE OF COST

The 1972 Act provides that the District can recover the total cost of installation, construction, operation, maintenance, and servicing of landscaping. Maintenance can include the repair and replacement of ex isting landscaping facilities. Servi cing can include electrica l and as sociated costs f rom a public utility. Incidental expenses, including administration of the District, engineering fees, legal fees, printing, posting, and mailing of notices, and all ot her costs associated with the annual collection process can also be included.

The oper ation, ma intenance and servicing costs for Fiscal Year 2023-24 are summarized below. These cost estimates were provided by the City of Concord.

Fund Balance July 1 (1) $2,221,437 $1,855,250
$2,221,437 $1,855,250
Add Revenues:

Assessments $460,997 $483,449
City Contribution $135,485 $138,195
Use of Money & Property $16,756 $7,671
Total Revenues $613,238 $629,315
Less Appropriations
Landscape Contract $386,311 $394,037
Gas & Electricity $59,381 $60,569
Water & Miscellaneous $41,407 $38,359
Admin & General Services $262,860 $265,570
Assessment Engineering and Others $10,000 $10,200
County Collection Fees $773 $788
Consultant/Contract Services $5,464 $5,573
Other Fixed Charges $13,229 $13,494
Capital Improvement Projects $200,000 $200,000
Total Expenditures $979,425 $988,590
Revenues Over (Under) Expenditures
Appropriations ($366,187) ($359,275)
Contingency $98,000 $99,000
Operating Reserves (50% maximum) (2) $489,713 $494,295
Total Reserves $587,713 $593,295
Projected Fund Balance on June 30 (3)
$1,267,537 $902,680
1 FY 2023-24 starting Fund Balance equals the estimated FY 2022-23 ending fund balance plus the FY 2022-23 Reserves. 2 Because the City receives the FY 2023-24 assessment revenue in late December 2023 and late April 2024, the City needs to ensure it has at least 50% operating reserves to cover the period from July 1, 2023 through December 31, 2023.

Operating reserves are not needed for capital improvement projects. 3 Fund balances are held to contribute towards operational costs when expenditures exceed revenues or may accumulate for the replacement of sidewalk segments and lighting and landscaping improvements as funds allow.

Fiscal Year 2023-24
TABLE 1: Downtown Landscape Maintenance District
Fiscal Year 2023-24 Cost Estimate
Fiscal Year 2022-23

City of Concord Downtown Fiscal Year 2023-24
Landscape Maintenance District Section II – Part B

8 The 1972 Act req uires that a special fund b e set up for the revenues and expenditures of the District. Fun ds raised by the assessments shall be used only for the purpose as stated herein. A contribution to the Downtown Landscape Maintenance District may be made to reduce ass essments, as the City Council deems appropriate. Any bal ance remaining on July 1 must be carried over to the next fiscal year unless the funds are being accumulated for future capital improvements and operating reserves.

City of Concord Downtown Fiscal Year 2023-24
Landscape Maintenance District Section II – Part C

9 PART C

ASSESSMENT DISTRICT DIAGRAM

The Concord Downt own La ndscape Maintenance District inc ludes the parcels of land located within the downtown area of the City of Concord that benefit from landscaping within the boundaries of the District. In order to accurately assess properties within the District based upon the spec ial benefits they rece ive from the improvements, four (4) distinct benefit zones have been created.

Todos Santos Plaza Benefit Zone: All parcels located within the Todos Santos Benefit Zone are located near Todos S antos Plaza and
benefit fr om the operation an d maintenance of
Todos Santos Plaza.

Streetscape Benefit Zone: All parcels located within the Streetscape Benefit Zone have streetscape landscaping located
directly adjacent to their parcel which is being
maintained by the District. Th ese parcels benefit
from the operati on an d m aintenance of
landscaping and s treet trees which are located
adjacent to their parcel.

Collector Street Median Benefit Zone: Most parcels located within the Meridian Park area are located in the Collector Street Median
Benefit Zone and benefit fro m the operation and
maintenance of the landscaping medians located
adjacent to and near their parcel.

Thoroughfare Median Benefit Zone: All parcels located within the Concord Downtown Landscape Maintenance District are
included in the Thoroughfare Median Benefit Zone
and benefit from the operation and maintenance of
landscape medians along Willow Pas s R oad,
Concord Avenue and Clayton Road.

In F iscal Year 2007-08 the Downtown Landscape Maintenance Di strict benefit zones were a djusted due t o the fact that a dditional landscaping had been a dded ov er the years and to ensure all benefiting parcels are assessed. The benefit zones had not been modified since the District was created by the Engineer of Work, Leptien, Cronin, Cooper, Inc. in Fiscal Year 1984-85. All assessable parcels are identified by the Contra Costa County Assessor's Parcel Numbers, for the current fiscal year on the Assessment Roll. A detailed description of the lines and dimensions for various lots or parcels within the District are incorporated by reference to maps on f ile at the Contra Costa County Assessor's Office.

City of Concord Downtown Fiscal Year 2023-24
Landscape Maintenance District Section II – Part C

10 The Assessment District boundaries and benefit zones are shown on the Assessment Diagram, which is on file with the City Clerk and a reduced copy is shown below and on the following pages.

FIGURE 1: DISTRICT BOUNDARIES
(All parcels w/in Thoroughfare Median Benefit Zone)

City of Concord Downtown Fiscal Year 2023-24
Landscape Maintenance District Section II – Part C

11 FIGURE 2:

TODOS SANTOS PLAZA ZONE
FIGURE 3:

COLLECTOR MEDIAN ZONE

City of Concord Downtown Fiscal Year 2023-24
Landscape Maintenance District Section II – Part C

12 FIGURE 4:

STREETSCAPE ZONE

City of Concord Downtown Fiscal Year 2023-24
Landscape Maintenance District Section II – Part D

13 PART D

METHOD OF APPORTIONMENT OF ASSESSMENT

GENERAL

Part 2 of Division 15 of t he Streets and Highwa ys Code, the La ndscaping and Lighting Act of 1972, permits the establishment of assessment districts by Agencies for the purpose of providing certain pu blic improvements which include the operation, maintenance and servicing of landscaping and street lighting improvements.

Section 22573 of th e Landscaping and Lighting Act of 1972 requires that maintenance assessments must be levied according to benefit r ather than according to assessed value. This Section states:

"The net amount to b e assessed upon lands within an
assessment district may b e apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels i n proportion to the estimated benefit to be received by each such lot or parcel fr om the improvements."

“The determina tion of whether or not a lot or parce l will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 (commencing with
Section 5000)) [of the Streets and Highways Code, State of California]."

In addition, Article XIIID, Section 4(a) of the California Constitution limits the amount of any assessment to the proportional special benefit conferred on the property.

Because assessments are levied on the basis of special benefit, they are considered a “Special” Assessment, not a tax, and therefore, are not governed by Article XIIIA of the California Constitution.

The 1972 Act permits the designation of zones of benefit within any individual assessment district if "by reasons or variat ions in the nature, locat ion, and extent of the improvements, the various area s will receive d ifferent degrees of benefit from the improvement" (Sec. 225 74). Thus, the 1972 Act requires the levy of a true "assessment" rather than a "special tax."

Article XIIID provides that publ icly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment. E xempted from the assessment would be the areas of public streets, public avenu es, public lanes, publ ic roa ds, publ ic d rives, public court s, public alley s, public easements and r ights-of-ways, public greenbelts and public parkways, and that

City of Concord Downtown Fiscal Year 2023-24
Landscape Maintenance District Section II – Part D

14 portion of public property that is not developed and used for business purposes similar to private commercial, industrial, and institutional activities.

LANDSCAPING BENEFIT DETERMINATION

Trees, landscaping and hardscaping, if well maintained, provide beautification, sha de, and the enhancement of the desirability of surroundings. These improv ements attract patrons an d residents to the downtown area thereb y stimulating and improving the economic viability of the downtown businesses and residences. These improvements provide special and direct benefits to each property located within the boundaries of the District.

The City of Concor d a lso r ecognizes that the landsca ping improvements provide residual benefit to properties located outside the District ’s boundaries. T his residual or general benefit will be paid for by the City’s general fund on an annual basis. The table below shows t he landscape maintenanc e costs wit hin e ach benefit zone and th e amount of general and special benefit associated with each zone. The gen eral benefit costs will be paid for by the City and a portion of the special benefit costs will be paid for by property owners located with in each benefi t z one based upon t he assess ment spread methodology described below.

Todos Santos
Plaza Benefit
Zone
Streets cape
Benefit Zone
Collector Street
Median Benefit
Zone
Thoroughfare
Median
Benefit Zone
Fiscal Year 2023-24
Proposed Total
Maintenance Costs $458,077 $148,233 $83,393 $298,887 $988,590 General Benefit % 10.00% 5.00% 10.00% 22.50%
Special Benefit % 90.00% 95.00% 90.00% 77.50%
Required City Contribution - General Benefit $45,808 $7,412 $8,339 $67,250 $128,808 Actual City Contribution $55,371 $17,882 $15,365 $49,578 $138,195 Interest Earned From Fund Balances $3,074 $993 $853 $2,752 $7,671 Contribution from Fund Balance or Other Non-Assessment Revenue Source $158,923 $47,837 $35,544 $116,972 $359,276 Assessment Revenue Needed from the District $240,710 $81,521 $31,632 $129,586 $483,448 Total $458,077 $148,233 $83,393 $298,886 $988,590
*Numbers may not foot due to rounding.

TABLE 2: Downtown Landscape Maintenance District
Maintenance Cost Allocation by Benefit Zone

BENEFIT ZONE CLASSIFICATION

Because of the varying types and lo cation of the landscape improvements located throughout the District , four ( 4) disti nct benefit zones have be en established. These benefit zones c onsist of the Todos Santos Plaza Benefit Zone, Streetscape Benefit Zone, C ollector Street Median Benefit Zone, and Thoroughfare Median Benefit Zone.

Because the parcels located within each benefit zone directly benefit from the operation and maintenance of the landscape improvements within their respective benefit zones, they are fiscally responsible for the operation and maintenance of those improvements.

City of Concord Downtown Fiscal Year 2023-24
Landscape Maintenance District Section II – Part D

15 The parcels located within the Todos Santos Plaza Benefit Zone are responsible for the operation and maintenance of Todos Santos Plaza. The parcels located within the Streetscape Benefit Zone are responsible for the operation and maintenance of the street trees and roadway lan dscaping located directly adjacent to t heir parce l. Th e parcels locat ed within the Collector Street Median Benefit Zone (Meridian Park Area) are responsible for the operation and mainte nance of the landscaped medians located adjacent to or near their parcel. All parcels located within the District are located within the Th oroughfare Median Benefit Zone and are responsible for the operation and maintenance of the landscaped medians locat ed along Willow Pass R oad, Concord Avenue and Clayton Road.

The Benef it Zones are sh own on the Assessment Diagram locat ed in Part C of this Report.

ASSESSMENT SPREAD METHODOLOGY

Todos Santos Plaza

The cost for operatin g and maintaining Todos Santos Plaz a is distributed to each non- residential parcel within the Todos Santos Plaza Benefit Zone proportionately based on their re spective parcel area. The cost for operating and maintaining Todos Santos Plaza is distributed t o each residential parcel (Single F amily, Multi- Family, Condominiums) within the Todos Santos Plaza Benef it Zone based upon each parcel’s number of residential units.

In Fis cal Year 2023-24 it is estimated that $2 40,710 in assessment revenue will be needed to operate and maintain the landscape improvements located within the Todos Santos Plaza Benefit Zone. There are 3,449,245 square feet of assessable parcel area for the non- residential parcels and 1, 446 assessable units for the residential parcels.

Therefore, the Fiscal Year 2023-24 annual assessment rate is $ 0.061903 per square foot of parcel area for n on-residential parcels and $ 18.805835 pe r unit fo r residential parcels.

Streetscape Landscaping

The costs for operating and maintaining the streetscape landscaping is distributed to all parcels located within the Streetscape Benefit Zone based on parcel frontage. In Fiscal Year 2023-24 i t i s e stimated that $ 81,522 will be needed in assessment revenue to operate and maintain the landscape improvements l ocated within the Streetscape Benefit Zone. There are 43,422 linear feet of asses sable parcel front age within the benefit zone. Therefore, the Fiscal Year 2023-24 annual assessment rate is $1.877449 per linear foot.

City of Concord Downtown Fiscal Year 2023-24
Landscape Maintenance District Section II – Part D

16 Collector Street Median Benefit Zone

The costs for operating and maint aining the landscaping medians along the collect or streets within the Meridian Park area are d istributed to a ll parcels located within the Collector Street Median Benefit Zone as follows:

1) 1/3 of the costs are distributed only to parcels that general ly front the street that has the median landscaping based on their proportionate front footage.

2) 2/3 of the cost s are distributed to each parcel within the entire Collector Street Median Zone based on their proportionate parcel area.

In Fiscal Year 20 23-24 it is estimated that $31,632 will be needed in assessment revenue to operate and maint ain the landscape media n i mprovements located within the Collector Street Median Benefit Zone. There are 19,477 linear feet of assessable parcel frontage and 6,832,997 square feet of assessable parcel area. Therefor e, the Fiscal Year 2023-24 annual assessment rate is $0.533302 per linear foo t and $0.003109 per square foot.

Thoroughfare Median Benefit Zone

The costs for operating and main taining the landscaping medians alo ng Concord Avenue, Willow Pass R oad and Clayton Road are distributed to all parcel s located within the District as follows:

1) 1/3 of the costs are distributed only to parcels that generally front the street that has the med ian landscaping based on their proportionate front footage.

2) 2/3 of the co sts are distributed to each parcel within the entire District based on their proportionate parcel area.

In Fiscal Year 20 23-24 it is estimated that $ 129,586 will be needed in asses sment revenue to operate and maintain the landscape median improvements locat ed within the Thoroughfare Median Benefit Zone. There are 33,010 linear feet of assess able parcel frontage and 27,455,718 square feet of assessable parcel area. Therefore, the Fiscal Y ear 2023-24 annual assessment rates are $ 1.318759 per linear foot and $0.003134 per square foot.

City of Concord Downtown Fiscal Year 2023-24
Landscape Maintenance District Section II – Part D

17 The assessment rates may be increased each fiscal year by th e prior year’s change in the Consumer Price Index (CPI) not to exceed 5%. The Consumer Price Index (CPI) is based upon the San Francisco All Urban Wage Earners an d Cle rical Workers as of February 2022 which was 316.463 and the most current CPI available at the ti me this report was prepared was the February 2023 CPI, which was 331.875, which equated to a 4.87% increase. Therefore, the assessment rates have been increased 4.87% over the Fiscal Year 2022-23 rates.

City of Concord Downtown Fiscal Year 2023-24
Landscape Maintenance District Section II – Part E

18 PART E

PROPERTY OWNER LIST & ASSESSMENT ROLL

The Fiscal Year 2023-24 Assessment Roll is included in Appendix A of this report and is on file in the Office of the Conc ord City Clerk. The list of names and addresses of the owners of the parcels lo cated within the City of Concord's Downtown Landsc ape Maintenance District is shown on the F iscal Year 2023-24 equalized Property Tax Roll of the Contra Costa County Assess or, which is hereby made a part of this report. This list of names and addresses of the owners is keyed to t he Assessor's Parcel Numbers as shown on the Assessment Roll.

The total proposed assessment for Fiscal Year 2023-24 is $483,448.76.

PROPERTY OWNER APPEALS OF SPECIAL ASSESSMENT LEVIES

Any Property Owner claiming that the amoun t or application of the Special Assessment is not co rrect and reques ting a refund may file a wr itten notice of appeal and refund to that effect with the Public Works Director not later than one calendar year after hav ing paid the Special Assessment that is disputed. The Public Works Director shall promptly review the appeal, and if necessary, meet with the Property Owner, consider written and oral evidence regarding the amount of the Special Assessment, and decide the appeal.

If the Public Works Director ’s decision requires that t he Sp ecial Assessment be modified or c hanged i n fa vor of the Property Owner, a refund shall be made, or an adjustment may be made to the next Annual Special Assessment levy. Any dispute over the decision of the Public Works Direct or shall be refer red to t he City Council and the decision of the City Council shall be final. This procedure shall be exclusive and its exhaustion by any Property Owner shall be a condition precedent to any legal act ion by such owner.

City of Concord Downtown Fiscal Year 2023-24
Landscape Maintenance District Appendix A

APPENDIX “A”

Fiscal Year 2023-24

ASSESSMENT ROLL

CITY OF CONCORD
Downtown Landscape Maintenance District
Fiscal Year 2023-24
Assessment Roll
Assessor
Parcel
Number
Assessment
AmountProperty Owner
Property
Class
Special
Benefit
Zone Property Address
T = Todos Santos Zone
C = Collector Median Zone
S = Streetscape Zone
Special Benefit Zone Legend:
112-101-016 $186.28SULCAR PROPERTIES 1757 CONCORD AVECOM 112-101-025 $2,792.16CONCORD AVENUET, S 1771 CONCORD AVECOM 112-101-030 $1,285.26CONCORD LODGING LTDS 1581 CONCORD AVECOM 112-101-031 $776.22REALTY INCOME TRUST 4S 1501 CONCORD AVECOM 112-101-032 $529.74DG CONCORD LLC CONCORD AVECOM
112-110-011 $226.30MATTSON REX LANCET, S 2143 GALINDO ST AMFR 112-110-012 $128.24ROBERTSON REEDT, S GALINDO STVCOM 112-110-013 $222.22ROBERTSON REEDT, S 2127 GALINDO STSFR 112-110-018 $132.26TROLAN JAMES A TRET, S 2157 GALINDO STSFR 112-110-019 $265.56TROLAN JAMES A TRET, 1976 BONIFACIO ST 1MFR 112-110-022 $1,204.56WILLIS MARC F & CAROL A TRET, S 1921 CONCORD AVECOM 112-110-026 $2,674.60C E REED FAMILY LLCT, S 1821 CONCORD AVECOM 112-110-028 $4,998.80CONCORD CITY OFT, S CONCORD AVEPUB 112-125-021 $293.38BROADMOOR PROPERTIES LLCT, 1981 BONIFACIO ST 1MFR 112-125-022 $279.74BROADMOOR PROPERTIES LLCT, 1983 BONIFACIO ST 1MFR 112-131-001 $273.08MORIARTY ANN BENTONT, S 2011 PACHECO STSFR 112-131-013 $1,235.38LAU GENE C TRET, S 2063 PACHECO STCOM 112-131-014 $249.02TROLAN JAMES A TRET, S 2037 PACHECO ST 1MFR 112-132-001 $1,235.38SEVEN HILLS VENTURES LLCT, S 2123 PACHECO STCOM 112-132-020 $2,817.72PLANNED PARENTHOOD INCT, S 2185 PACHECO STCOM 112-133-001 $812.96SHASTA-DIABLO INCT,
2108 GRANT STCOM
112-133-010 $32.10JOHNSON STEVE E TRET, 2251 PACHECO STSFR 112-133-011 $659.98NOVOSIBIRK ASSET MGMT LLCT, S 2291 PACHECO STCOM 112-133-012 $42.32SUDHIR ANKUSH KT, 2249 PACHECO STSFR 112-134-001 $189.62REMMICH MARVIN A & SUSAN PT, 2112 COLFAX STMFR 112-134-009 $641.16RANDOLPH JEFFREYT, S 2109 EAST STCOM 112-134-010 $155.14REMMICH MARVIN A & SUSAN PT, 2347 PACHECO ST 1MFR 112-135-001 $1,235.38ODUMAKINDE IMAGING LLCT, S 2309 SALVIO STVCOM 112-135-002 $500.34ODUMAKINDE IMAGING LLCT, S COLFAX STVCOM 112-135-005 $97.94ENTRUST GROUP INCT, 2300 PACHECO STMFR 112-135-006 $487.24PACHECO MEDICALT, 2346 PACHECO STMISC 112-135-011 $1,235.38ODUMAKINDE ELIZABETHT, S 2383 SALVIO STVCOM 112-135-012 $581.64ODUMAKINDE IMAGING LLCT, S SALVIO STVCOM 112-135-013 $747.92HEMMATI JULIAN TRET, 2056 COLFAX STCOM 112-135-017 $429.82NIBBER TASHI & RANDIP ST, S 2043 EAST STCOM 112-135-018 $1,071.22NIBBER TASHI & RANDIP ST, S 2041 EAST STCOM 112-135-019 $711.12PACHECO MEDICALT, S 2350 PACHECO STCOM 112-136-017 $2,230.26CONCORD-PLAZA TOWER INCT, S 2020 GRANT STMFR 112-136-018 $4,526.26CONCORD HOMES INCT, S 2222 PACHECO STMFR 112-136-019 $3,252.10CONCORD REDEVELOPMENTT, S 2255 SALVIO STPUB 112-137-004 $55.24HEITHAUS MARIA PIA TRET, 2156 PACHECO STSFR 112-137-005 $367.88BRUMLEY PROPERTIES LLCT, S 2178 PACHECO STMFR 112-137-017 $4,071.54AUTUMN WOOD 1 LPT, S 2151 SALVIO STCOM 112-137-019 $1,139.50TELOMETIS LLCT, S 2100 PACHECO STMFR 112-138-001 $1,037.12VASCONI PETER C & JUDY GT, S 2001 SALVIO STCOM 1Page 04/26/23

CITY OF CONCORD
Downtown Landscape Maintenance District
Fiscal Year 2023-24
Assessment Roll
Assessor
Parcel
Number
Assessment
AmountProperty Owner
Property
Class
Special
Benefit
Zone Property Address
T = Todos Santos Zone
C = Collector Median Zone
S = Streetscape Zone
Special Benefit Zone Legend:
112-138-003 $641.16CONCORD CITY OFT, S GALINDO STPUB 112-138-014 $400.28CONCORD CITY OFT, S MOUNT DIABLO STPUB 112-138-015 $713.14BURKHARDT 2093 MT DIABLOT, S 2093 MOUNT DIABLO ST AMFR 112-138-019 $527.64PARCUSO PROPERTIES LLCT, 2045 MOUNT DIABLO STCOM 112-138-021 $890.38GUMINA FAMILY PARTNERSHIPT, S 2093 SALVIO STCOM 112-153-002 $42.32DOMINA JOANN B TRET, 2479 PACHECO STSFR 112-153-003 $487.78VON STIEFF FRED J TRET, 2477 PACHECO STCOM 112-153-004 $38.56PEI YEU-JYE JULIAT, 2475 PACHECO STSFR 112-153-005 $46.08KOCH CHRISTOPHER WT, 2459 PACHECO STSFR 112-153-017 $917.60VON STIEFF FRED J TRET, S 2481 PACHECO STCOM 112-153-018 $1,454.12SAPTHAGIRI VENTURES LLCT, S 2118 EAST STINST 112-154-002 $484.10SHAPIRO IVAN LEE & LYN WT, S 2485 SALVIO STCOM 112-154-003 $484.10SHAPIRO IVAN LEE & LYN WT, S 2465 SALVIO STCOM 112-154-006 $487.78KAHLON GURSHARAN S TRET, 2056 EAST STCOM 112-154-007 $682.88CRONSON JOHNSON HOLDINGST, 2080 EAST STCOM 112-154-008 $32.90BJORK DARLENE I TRET, 2450 PACHECO STSFR 112-154-009 $42.32BJORK DARLENE I TRET, 2460 PACHECO STSFR 112-154-010 $42.32DEMADRID CATHERINET, 2474 PACHECO STSFR 112-154-013 $1,452.28FAHMIE BARBARA C TRET, S 2435 SALVIO STCOM 112-154-015 $2,454.12GAMEZ JUANITA NIMFAT, S 2025 PORT CHICAGO HWYCOM 112-211-044 $1,868.66SRE CALIFORNIA-6 LLC
1461 CONCORD AVECOM
112-230-013 $2,295.04CONTRA COSTA WATER 1331 CONCORD AVEPUB 112-251-012 $253.02IJK PROPERTIES LLC 2301 STANWELL DRIND 112-252-024 $526.86MANFUL DOUGLAS & HEATHER 2300 STANWELL DR A-BIND 112-290-001 $21.68WONG JOSHUAT, 1965 BONIFACIO ST 5CONDO 112-290-002 $21.68YAN THOMAS TAK MINGT, 1965 BONIFACIO ST 7CONDO 112-290-003 $21.68MONTOYA JONATHAN JT, 1965 BONIFACIO ST 3CONDO 112-290-004 $21.68LEE DONNAT, 1965 BONIFACIO ST 1CONDO 112-290-005 $21.68PACHECO CELESTINAT, 1965 BONIFACIO ST 6CONDO 112-290-006 $21.68MCKEOWN OWEN J &T, 1965 BONIFACIO ST 8CONDO 112-290-007 $21.68ALTIMARI NICHOLAS ANTONIOT, 1965 BONIFACIO ST 4CONDO 112-290-008 $21.68GREENHOME FUNDINGT, 1965 BONIFACIO ST 2CONDO 112-290-009 $21.68BOWEN ELIZABETHT, 1967 BONIFACIO ST 5CONDO 112-290-010 $21.68STARKEBAUM RUSST, 1967 BONIFACIO ST 7CONDO 112-290-011 $21.68SUH YOUNG DT, 1967 BONIFACIO ST 3CONDO 112-290-012 $21.68NUNEZ ADRIAN TAMAYOT, 1967 BONIFACIO ST 1CONDO 112-290-013 $21.68BOBBY DEBRA JT, 1967 BONIFACIO ST 6CONDO 112-290-014 $21.68LAM DANNY C & OI K CHU TRET, 1967 BONIFACIO ST 8CONDO 112-290-015 $21.68SCHULZ GREG PT, 1967 BONIFACIO ST 4CONDO 112-290-016 $21.68BASKIR LIZAT, 1967 BONIFACIO ST 2CONDO 112-290-017 $21.68GANDARILLA ESMYRNAT, 1969 BONIFACIO ST 5CONDO 112-290-018 $21.68JT PROPS LLCT,
1969 BONIFACIO ST 7CONDO
112-290-019 $21.68HO SUNNY TRET, 1969 BONIFACIO ST 3CONDO 112-290-020 $21.68ABOUKHALIL NASER TRET, 1969 BONIFACIO ST 1CONDO 112-290-021 $21.68CATE TONI LT, 1969 BONIFACIO ST 6CONDO 2Page 04/26/23

CITY OF CONCORD
Downtown Landscape Maintenance District
Fiscal Year 2023-24
Assessment Roll
Assessor
Parcel
Number
Assessment
AmountProperty Owner
Property
Class
Special
Benefit
Zone Property Address
T = Todos Santos Zone
C = Collector Median Zone
S = Streetscape Zone
Special Benefit Zone Legend:
112-290-022 $21.68KARELL ERNEST KT, 1969 BONIFACIO ST 8CONDO 112-290-023 $21.68CHAN FRENDA Y & KAM LOKT, 1969 BONIFACIO ST 4CONDO 112-290-024 $21.68LEFFEL ROGER & JENNIFERT, 1969 BONIFACIO ST 2CONDO 112-290-025 $21.68SILVA TULIO CT, 1971 BONIFACIO ST 5CONDO 112-290-026 $21.68BHOWMICK ARINDAM TRET, 1971 BONIFACIO ST 7CONDO 112-290-027 $21.68FEIST JEFFREY & DOREENT, 1971 BONIFACIO ST 3CONDO 112-290-028 $21.68ISLAS ADRIANA AT, 1971 BONIFACIO ST 1CONDO 112-290-029 $21.68CHATTHA TIRANJAN TRET, 1971 BONIFACIO ST 6CONDO 112-290-030 $21.68GRANTCHAROVA KRASSIMIRAT, 1971 BONIFACIO ST 8CONDO 112-290-031 $21.68GOMEZ ALISONJ TRET, 1971 BONIFACIO ST 4CONDO 112-290-032 $21.68GANDARILLA ESMYRNAT, 1971 BONIFACIO ST 2CONDO 112-290-033 $21.68SIDHU PRAMODH TRET, 1973 BONIFACIO ST 5CONDO 112-290-034 $21.68GALLACHER SEAN & CLAIRET, 1973 BONIFACIO ST 7CONDO 112-290-035 $21.68LIN SHU HUAT, 1973 BONIFACIO ST 3CONDO 112-290-036 $21.68SALIMPOUR SEPIDEH TRET, 1973 BONIFACIO ST 1CONDO 112-290-037 $21.68FINKBEINER HANS & IRENE AT, 1973 BONIFACIO ST 6CONDO 112-290-038 $21.68TANG LIU JUT, 1973 BONIFACIO ST 8CONDO 112-290-039 $21.68TRAVIS MATTHEW JAMEST, 1973 BONIFACIO ST 4CONDO 112-290-040 $21.68GALLACHER SEAN & CLAIRET, 1973 BONIFACIO ST 2CONDO 112-290-041 $21.68CHANG BOACHEN & HUNGWENT, 1975 BONIFACIO ST 7CONDO 112-290-042 $21.68CARRANZA SHERYL LT,
1975 BONIFACIO ST 3CONDO
112-290-043 $21.68CHAU NATHANT, 1975 BONIFACIO ST 1CONDO 112-290-044 $21.68CHATTHA TIRANJAN TRET, 1975 BONIFACIO ST 5CONDO 112-290-045 $21.68LOFMAN BRIAN G TRET, 1975 BONIFACIO ST 8CONDO 112-290-046 $21.68TANG LIU JUT, 1975 BONIFACIO ST 4CONDO 112-290-047 $21.68TORRES ROSARIOT, 1975 BONIFACIO ST 2CONDO 112-290-048 $21.68SIDHU TARLOCHAN ST, 1975 BONIFACIO ST 6CONDO 112-300-001 $20.14LEE SAMUEL BING & LINDA LT, GRANT STCONDO 112-300-002 $20.14LEE SAMUEL BING & LINDA LT, GRANT STCONDO 112-300-003 $20.14LEE SAMUEL BING & LINDA LT, GRANT STCONDO 112-300-004 $20.14LEE SAMUEL BING & LINDA LT, GRANT STCONDO 112-300-005 $20.14LEE SAMUEL BING & LINDA LT, GRANT STCONDO 112-300-006 $20.14LEE SAMUEL BING & LINDA LT, GRANT STCONDO 112-300-007 $20.14LEE SAMUEL BING & LINDA LT, GRANT STCONDO 112-300-008 $20.14LEE SAMUEL BING & LINDA LT, GRANT STCONDO 112-300-009 $20.14LEE SAMUEL BING & LINDA LT, GRANT STCONDO 112-300-010 $20.14LEE SAMUEL BING & LINDA LT, GRANT STCONDO 112-300-011 $20.14LEE SAMUEL BING & LINDA LT, GRANT STCONDO 112-300-012 $20.14LEE SAMUEL BING & LINDA LT, GRANT STCONDO 112-300-013 $20.14LEE SAMUEL BING & LINDA LT, GRANT STCONDO 112-300-014 $20.14LEE SAMUEL BING & LINDA LT,

GRANT STCONDO
112-300-015 $20.14LEE SAMUEL BING & LINDA LT, GRANT STCONDO 112-300-016 $20.14LEE SAMUEL BING & LINDA LT, GRANT STCONDO 112-300-017 $20.14LEE SAMUEL BING & LINDA LT, GRANT STCONDO 126-010-030 $273.06LASSEN COMMERCIAL 2291 VIA DE MERCADOS AIND 3Page 04/26/23

CITY OF CONCORD
Downtown Landscape Maintenance District
Fiscal Year 2023-24
Assessment Roll
Assessor
Parcel
Number
Assessment
AmountProperty Owner
Property
Class
Special
Benefit
Zone Property Address
T = Todos Santos Zone
C = Collector Median Zone
S = Streetscape Zone
Special Benefit Zone Legend:
126-010-033 $867.48GRAYBEHL DIANE L TRE 1290 CONCORD AVECOM 126-010-035 $80.54NORTHERN CALIF BUILDERS 2281 VIA DE MERCADOS AIND 126-010-039 $2,390.66PACIFIC WILLOWICK LPC, 1110 BURNETT AVECOM 126-010-045 $952.00HAUS MICHAEL D & SUZANNE EC, 2100 MERIDIAN PARK BLVDCOM 126-010-046 $344.06MARKET-TURK COMPANY 1140 GALAXY WAYCOM 126-010-047 $509.26MARKET-TURK COMPANY 2150 JOHN GLENN DRCOM 126-010-051 $436.90R&B HERITAGE INVESTORS LP 2201 JOHN GLENN DRCOM 126-010-053 $261.98DELTA BINGHAM JOINT 1170 CONCORD AVECOM 126-010-054 $869.96GERSHMAN PROPERTIES LLCC, 1100 CONCORD AVECOM 126-010-055 $513.38DELTA BINGHAM JOINTC, 1150 CONCORD AVE 100COM 126-010-056 $542.80FIRENZI PROPERTIES INC 1150 CONCORD AVE 150COM 126-010-057 $741.52DELTA BINGHAM JOINT 1150 CONCORD AVE 156COM 126-010-059 $732.981200 CONCORD LLC 1200 CONCORD AVECOM 126-010-060 $770.061200 CONCORD LLC 1220 CONCORD AVECOM 126-010-061 $1,308.621200 CONCORD LLC 2200 JOHN GLENN DRMISC 126-010-063 $68.26HAUSSER SHIRLEY TRE 2245 VIA DE MERCADOSIND 126-010-064 $99.66TAYLOR JAMES W & CAROL L 2225 VIA DE MERCADOSIND 126-020-024 $57.34CRAWFORD JOHN J & TARA L 2201 COMMERCE AVEIND 126-020-028 $353.38DELTA COUNTIES INC 1410 CONCORD AVE ACOM 126-020-029 $852.46PUBLIC STORAGE PROP IV LTD 1350 CONCORD AVE AIND 126-020-042 $243.82PAULETICH ROBIN TRE 1420 CONCORD AVEIND 126-020-053 $75.08D&G BUILDINGS LLC 2261 COMMERCE AVEIND 126-020-054 $118.78KROHN ALLEN M TRE 2281 COMMERCE AVEIND 126-020-055 $838.70ROSEWOOD VILLAGE 1300 CONCORD AVECOM 126-020-057 $207.52ROSE FAMILY PROPERTIES LLC
2260 VIA DE MERCADOSIND
126-020-065 $165.74KR & ASSOCIATES LLC 2250 VIA DE MERCADOSIND 126-020-072 $172.02D J INVESTORS 1301 GALAXY WAYIND
126-020-073 $173.38LUAN SHUSHENG 1313 GALAXY WAYIND
126-020-085 $349.52CBC PROPERTIES I LP VIA DE MERCADOSVIND 126-020-087 $588.44CBC PROPERTIES II LP 1400 ROYAL INDUSTRIAL WAYIND 126-020-090 $37.54JAMES R MCKENZIE TRUST 1425 HERNDON AVEIND 126-020-091 $266.22ZOCCHI BROS 2170 COMMERCE AVEIND
126-020-092 $134.48MARSH DOUGLAS J TRE 2231 COMMERCE AVE AIND 126-020-093 $134.62SOJITZ AUTOMOTIVE GROUP 2241 COMMERCE AVE AIND 126-020-100 $98.98MARSH DOUGLAS J TRE 2221 COMMERCE AVE A1IND 126-020-101 $65.26CONTRA COSTA COUNTY 2086 COMMERCE AVEPUB 126-020-106 $60.08CONTRA COSTA COUNTY 2090 COMMERCE AVEPUB 126-020-108 $415.62ALDERETTE-TRESCONY LLC 1440 CONCORD AVECOM 126-020-111 $230.74MHC PROPERTIES 2260 COMMERCE AVEIND 126-020-112 $144.72MHC PROPERTIES 2250 COMMERCE AVE BIND 126-020-115 $364.84NEXT GEN PROPERTIES LLC 1460 CONCORD AVEIND 126-030-028 $1,489.80KHACHATURIAN HENRY TRES 2001 MARKET STCOM 126-030-033 $48.90POLSE ANNA V TRE MARKET STMISC
126-030-035 $920.10KHACHATURIAN HENRY TRES 2101 MARKET STCOM 126-030-036 $1,622.62LEHMER INVESTMENT COS 1905 MARKET STCOM 4Page 04/26/23

CITY OF CONCORD
Downtown Landscape Maintenance District
Fiscal Year 2023-24
Assessment Roll
Assessor
Parcel
Number
Assessment
AmountProperty Owner
Property
Class
Special
Benefit
Zone Property Address
T = Todos Santos Zone
C = Collector Median Zone
S = Streetscape Zone
Special Benefit Zone Legend:
126-030-037 $716.78SOJITZ AUTOMOTIVE GROUP 1967 MARKET STCOM 126-041-015 $30.08MOSTEIRO NICHOLAS L TRE 2150 CALIFORNIA ST 1MFR 126-041-017 $30.08XUEREB CHARLES E TRE 2180 CALIFORNIA STMFR 126-041-023 $30.082110 CALIFORNIA KS LLC 2110 CALIFORNIA ST 1MFR 126-041-024 $15.042140 CAL LP 2120 CALIFORNIA STMFR 126-041-027 $15.04JOSEPH RONY & REENA TRE 2170 CALIFORNIA ST 1MFR 126-041-028 $15.04DYKEMAN DENNIS L TRE 2160 CALIFORNIA STSFR 126-041-032 $15.04DAYOAN ROGER & 1831 HARRISON ST 1MFR 126-041-033 $15.04DAYOAN ROGER & 1825 HARRISON ST 1MFR 126-041-039 $412.68ALAMEDA DONALD G & MELITTAS 1700 CONCORD AVECOM 126-041-040 $260.64OBRIEN ALBERTA TRES 1790 CONCORD AVECOM 126-041-041 $176.36GOLIGHTLY GUYSE TRES 1758 CONCORD AVECOM 126-041-042 $15.142140 CAL LP 2130 CALIFORNIA STMFR 126-041-043 $159.702140 CAL LPS 2140 CALIFORNIA STMFR 126-042-015 $15.04VALERIO DANIEL & ARCELIA 2105 CALIFORNIA ST A-BMFR 126-042-027 $15.04MEROFF DONALD W TRE 2121 CALIFORNIA ST AMFR 126-042-028 $15.04KUTUZOV RUSLAN TRE 2111 CALIFORNIA ST AMFR 126-042-029 $22.56VICTA LIZA TRE 2161 CALIFORNIA ST AMFR 126-042-030 $22.56TRAN QUOC ANH 2151 CALIFORNIA ST AMFR 126-042-032 $30.08ATHWAL BALJINDER & 2180 FREMONT ST 1MFR 126-042-033 $45.12ATHWAL BALJINDER & 2170 FREMONT ST 1MFR 126-042-034 $31.34DKD HV 1 INC 2150 FREMONT STVMFR
126-042-035 $15.66HENNIGAN DAVID T & SUSAN E 2140 FREMONT STSFR 126-042-036 $15.66GLOVER RONALD E & CAROLYN 2130 FREMONT STCOM 126-042-037 $31.34MARTINEZ RAYMOND J &
2108 FREMONT ST AMFR
126-042-042 $30.04MAXACO LLC 2175 CALIFORNIA STMFR
126-042-043 $428.98ADLER ROBERT & CHARLOTTES 1650 CONCORD AVECOM 126-042-044 $436.72ADLER ROBERT L &S 1600 CONCORD AVECOM 126-042-045 $93.92MAAS CRESTVIEW LIMITED 1601 BROADWAY STMFR 126-042-046 $45.12CONCORD RESIDENTIAL CLUB 2141 CALIFORNIA STMFR 126-043-002 $90.14SEFEROGLOU GEORGE TRES 1515 BROADWAY STCOM 126-043-004 $180.28GILMORE THOMAS & LYNNES 2142 MARKET STCOM 126-043-014 $24.82PHILLIPS JOHN 2151 FREMONT STSFR
126-043-015 $35.34GIFFIN ROBERT J & LINDA J TRE 2141 FREMONT ST 1MFR 126-043-016 $30.08BUSCAGLIA RICHARD JOHN 2111 FREMONT STCOM 126-043-020 $133.42SNELLING MILTON & MARILYNS 2134 MARKET ST ACOM 126-043-021 $135.22BRUVACS 2130 MARKET STCOM
126-043-024 $405.70R & O ASSOCIATES LLCS 2170 MARKET STCOM 126-043-028 $15.04BUSCAGLIA RICHARD 1591 BROADWAY STCOM 126-043-030 $206.74WHALEN JOHN E & LILLIAN AS 2110 MARKET STCOM 126-043-032 $386.42MAJOR BRAND GAS OFS 1500 CONCORD AVECOM 126-043-033 $758.92MAJOR BRAND GAS OFS 1590 CONCORD AVEVMFR 126-044-005 $47.00ROSE FAMILY PROPERTIES LLC 2001 FREMONT STCOM 126-044-006 $291.32SNELLING MILTON & MARILYNS 2090 MARKET STCOM 126-044-007 $244.32ROSE FAMILY PROPERTIES LLCS 2000 MARKET STCOM 5Page 04/26/23

CITY OF CONCORD
Downtown Landscape Maintenance District
Fiscal Year 2023-24
Assessment Roll
Assessor
Parcel
Number
Assessment
AmountProperty Owner
Property
Class
Special
Benefit
Zone Property Address
T = Todos Santos Zone
C = Collector Median Zone
S = Streetscape Zone
Special Benefit Zone Legend:
126-045-012 $30.08CUENO STEPHEN B TRE 1601 SUTTER STCOM 126-045-013 $15.04ASUTI SUBHASCHANDRA E TRE 1651 SUTTER STMFR 126-045-014 $15.04HILSABECK FRIDA A TRE 1655 SUTTER ST 1MFR 126-045-015 $15.04WILSON EDWARD D & MARSHA 1656 BROADWAY ST 1MFR 126-045-016 $15.04TAYLOR JAMES E & CAROL C 1652 BROADWAY ST 1MFR 126-045-017 $30.08CUNEO STEPHEN B TRE 1600 BROADWAY ST 1MFR 126-045-020 $30.08CONCORD CITY OF SUTTER STPUB
126-045-021 $585.86CONTRA COSTA ARCS 2051 HARRISON STCOM 126-045-024 $202.76PERSONS COB BORROWER LP 1700 BROADWAY STMFR 126-051-024 $645.60LOYAL ORDER MOOSE #567T, S 1805 BROADWAY STCOM 126-051-026 $2,480.42SKY GARDEN LLCT, S 1811 BROADWAY STCOM 126-051-036 $85.00FIDELITY NATIONAL BANKT, ADOBE STVCOM 126-051-045 $5,198.68WENTLING THOMAS J TRET, S 1825 SALVIO STCOM 126-051-046 $2,149.98EAST BAY SERVICEST, S 1870 ADOBE STCOM 126-051-050 $1,144.24CGT GROUP LPT, S 1910 CONCORD AVECOM 126-051-052 $2,159.92CONTRA COSTA RE LLCT, S 1800 ADOBE STMFR 126-051-054 $327.56ELGAAEN ROBERT L & JOANNET, S 1859 ADOBE STCOM 126-051-055 $192.90ELGAAEN ROBERT L & JOANNET, S 1861 ADOBE STCOM 126-051-056 $377.42SEFEROGLOU GEORGE J TRET, S 1865 ADOBE STCOM 126-051-057 $405.28KING BETTY JEANNE TRET, S 1875 ADOBE STCOM 126-051-058 $1,608.16LOTUS VENTURES LLCT, S 1901 SALVIO STCOM 126-051-059 $3,414.46KUMAR NITIN TRET, S
1800 CONCORD AVECOM
126-052-017 $410.54SANDOVAL GARY J TRET, 1940 CONCORD AVECOM 126-052-018 $758.72ISLAND DREAM HOMES LLCT, S 1950 CONCORD AVECOM 126-052-019 $319.02THUMATI RAMA KRISHNAT, S 1960 CONCORD AVECOM 126-052-023 $379.04LEE KATHERINET, S 1915 SALVIO STCOM 126-052-030 $353.68JANNAB RIDE LLCT, S 1982 CONCORD AVECOM 126-052-031 $961.74TIMMONS TIMOTHY DT, S 1990 CONCORD AVECOM 126-052-034 $511.44TROLAN JAMES A TRET, S 1930 CONCORD AVEMFR 126-052-035 $663.28BROADMOOR PROPERTIES LLCT, S 1970 CONCORD AVECOM 126-061-018 $12,264.14BRENDEN THEATRET, S 1985 WILLOW PASS RDCOM 126-061-019 $2,305.52US BANKT, S 1875 WILLOW PASS RDCOM 126-062-002 $723.00FREITAG ERNST & GABRIELA IS 1848 WILLOW PASS RDCOM 126-062-012 $3,627.62RENAISSANCE RES HOLDINGST, S 1825 GALINDO STMFR 126-062-016 $5,319.78RENAISSANCE RES HOLDINGST, S 1905 CONCORD BLVDMFR 126-073-001 $515.32KIM DOOHYUN & SOONJA TRET, S 1990 GRANT STCOM 126-073-006 $289.14ACDC GROUP LLCT, S 2227 WILLOW PASS RDCOM 126-073-007 $839.26STAMM ENTERPRISES LTDT, S 1900 GRANT STCOM 126-073-008 $380.268 X 8 INVESTMENTS LLCT, S 1924 GRANT STCOM 126-073-009 $500.341950 GRANT STREET BUILDINGT, S GRANT STMISC 126-073-010 $500.341950 GRANT STREET BUILDINGT, S 1950 GRANT STCOM 126-073-011 $720.06FIRST PRESBYTERIAN CHURCHT, S 1970 GRANT STINST 126-073-014 $2,980.32FIRST PRESBYTERIAN CHURCHT, S 1965 COLFAX STINST 126-073-015 $1,776.80LAVAGNINO PARTNERST, S 2295 WILLOW PASS RD A-FCOM 126-074-001 $648.70FIRST PRESBYTERIAN CHURCHT, S SALVIO STINST 6Page 04/26/23

CITY OF CONCORD
Downtown Landscape Maintenance District
Fiscal Year 2023-24
Assessment Roll
Assessor
Parcel
Number
Assessment
AmountProperty Owner
Property
Class
Special
Benefit
Zone Property Address
T = Todos Santos Zone
C = Collector Median Zone
S = Streetscape Zone
Special Benefit Zone Legend:
126-074-002 $586.68FIRST PRESBYTERIAN CHURCHT, S SALVIO STINST 126-074-007 $337.74APDP HOLDINGS LLCT, S 2345 WILLOW PASS RDCOM 126-074-008 $735.02LEON JOSE J & VIVIAN J TRET, S 2301 WILLOW PASS RDCOM 126-074-009 $500.34LEON JOSE J & VIVIAN J TRET, S COLFAX STCOM 126-074-017 $2,459.24LUO TATAO & WEI TRET, S 2395 WILLOW PASS RDCOM 126-074-018 $2,044.98SALIVO MEDICAL OFFICE LLCT, S 2380 SALVIO STCOM 126-074-019 $895.98LA PINATA CNCD RESTAURANTT, S 1956 COLFAX STMISC 126-075-004 $500.34VIRA PROPERTIES LLCT, S 1821 EAST STCOM 126-075-005 $735.02VIRA PROPERTIES LLCT, S 2361 CONCORD BLVDCOM 126-075-006 $552.38VANATTA DANIEL & GESINEET, S 2355 CONCORD BLVDCOM 126-075-007 $256.46ATTA GESINEE C VAN TRET, S 2353 CONCORD BLVDCOM 126-075-010 $500.34DASKALOS GEORGE & STELLAT, S 1838 COLFAX STCOM 126-075-011 $500.34DASKALOS GEORGE & STELLAT, S 1854 COLFAX STCOM 126-075-012 $500.34HENDRICKS SHIRLEY HELENT, S 1880 COLFAX STCOM 126-075-013 $735.02JDF HOLDINGS LLCT, S 2304 WILLOW PASS RDCOM 126-075-014 $610.92VANATTA GESINEE CT, S 2350 WILLOW PASS RDCOM 126-075-019 $978.92DASKALOS GEORGE & STELLAT, S 1806 COLFAX STCOM 126-075-022 $1,700.08GAWFCO ENTERPRISES INCT, S 2380 WILLOW PASS RDCOM 126-075-023 $524.72VIRA PROPERTIES LLCT, S 1839 EAST STCOM 126-076-002 $128.34CASTILLO OMAR RT, S 2247 CONCORD BLVDSFR 126-076-003 $295.86VERDI RONALD A TRE EST OFT, S
1822 GRANT STMISC
126-076-004 $439.18VERDI RONALD A TRE EST OFT, S GRANT STMISC 126-076-005 $500.34VERDI ANDREW WILLIAM TRET, S 1826 GRANT STCOM 126-076-006 $500.34LOPEZ SALVADOR & BALVINAT, S 1840 GRANT STCOM 126-076-010 $1,000.70HENDRICKS SHIRLEY HELENT, S 1835 COLFAX STCOM 126-076-011 $419.04BROADMOOR PROPERTIES LLCT, S 2253 CONCORD BLVDMISC 126-076-012 $816.32BROADMOOR PROPERTIES LLCT, S 1815 COLFAX STCOM 126-076-014 $2,710.76CCC FIRE PROTECTIONT, S 2210 WILLOW PASS RDPUB 126-076-015 $1,400.36CONTRA COSTA COUNTYT, S 2290 WILLOW PASS RDPUB 126-077-002 $500.34LEE KATHERINET, S CONCORD BLVDMISC 126-077-003 $735.02LEE KATHERINET, S 1800 MOUNT DIABLO STCOM 126-077-004 $581.64BLOXHAM THOMAS L & DIANA LT, S MOUNT DIABLO STMISC 126-077-005 $2,160.06BLOXHAM THOMAS L & DIANA LT, S 2118 WILLOW PASS RDCOM 126-077-008 $500.34BLOXHAM THOMAS L & DIANA LT, S CONCORD BLVDMISC 126-077-011 $4,017.14A T C BUILDING COMPANYT, S 2190 WILLOW PASS RDCOM 126-078-001 $1,067.94JAMESTOWN WILLOW PASS LPT, S 2020 WILLOW PASS RD 1MISC 126-078-005 $553.72JAMESTOWN WILLOW PASS LPT, 2020 WILLOW PASS RD 5COM 126-078-006 $182.82JAMESTOWN WILLOW PASS LPT, 2020 WILLOW PASS RD 6COM 126-078-007 $982.72JAMESTOWN WILLOW PASS LPT, S 2020 WILLOW PASS RD 7COM 126-078-010 $417.56JAMESTOWN WILLOW PASS LPT, S 2020 WILLOW PASS RD 10COM 126-078-013 $1,384.28JAMESTOWN WILLOW PASS LPT,
2020 WILLOW PASS RD 13COM
126-078-015 $500.34JAMESTOWN WILLOW PASS LPT, S 2020 WILLOW PASS RD 15COM 126-078-016 $203.24JAMESTOWN WILLOW PASS LPT, 2020 WILLOW PASS RD 16COM 126-078-019 $663.08JAMESTOWN WILLOW PASS LPT, S 2020 WILLOW PASS RD 19COM 126-078-020 $1,654.30JAMESTOWN WILLOW PASS LPT, S 1812 GALINDO ST 1COM 7Page 04/26/23

CITY OF CONCORD
Downtown Landscape Maintenance District
Fiscal Year 2023-24
Assessment Roll
Assessor
Parcel
Number
Assessment
AmountProperty Owner
Property
Class
Special
Benefit
Zone Property Address
T = Todos Santos Zone
C = Collector Median Zone
S = Streetscape Zone
Special Benefit Zone Legend:
126-081-001 $960.04KMAC II LLCT, S 1700 EAST STCOM
126-081-002 $1,337.44KMAC II LLCT, S 1750 EAST STMISC 126-081-003 $1,433.70MAZZONCINI DANIEL J JR & LT, S 1772 EAST STCOM 126-082-008 $5,245.80INDUSTRIAL FOUNDRYT, S 2400 WILLOW PASS RD B-FVMFR 126-083-011 $1,635.36MARAGINALT, S 2471 WILLOW PASS RDVCOM 126-083-012 $1,836.52MARGINALT, S 2401 WILLOW PASS RDVCOM 126-083-013 $4,876.00MARGINALT, S 2400 SALVIO STCOM
126-093-019 $813.66BOF CA ONE CONCORDT, COLFAX STMISC 126-093-021 $1,110.70BOF CA ONE CONCORDT, CLAYTON RDMISC 126-093-022 $4,334.44HM GRANT STREET LLCT S 1776 GRANT STMFR 126-094-013 $6,810.14PACIFIC TELEPHONE &T, S 1714 COLFAX STMISC 126-094-014 $1,227.00VANATTA GESINEE C TRET, S 2368 CONCORD BLVD 4COM 126-103-019 $1,235.38GRACE CHINESE ALLIANCET, S 1630 GRANT STINST 126-103-027 $7,391.64BOF CA ONE CONCORDT, 2300 CLAYTON RDCOM 126-103-028 $2,350.14HM GRANT STREET LLCT, S 1676 GRANT STMFR 126-104-008 $833.44RONA CONCORD LLCT, 2325 CLAYTON RDMFR 126-112-014 $16,210.00SAN FRANCISCO BARTT, S OAK STPUB 126-112-026 $4,045.12CONCORD CITY OFT, S MT DIABLO STPUB 126-122-024 $10,123.18CONCORD CITY OFT, S MOUNT DIABLO STPUB 126-124-032 $1,826.18LIU JULIE JT, S 1302 GALINDO STCOM 126-124-036 $16,118.52CONCORD CITY OFT, S
1350 GALINDO STPUB
126-131-016 $3,736.70SEQUOIA EQUITIES-CONCORDT, 1655 GALINDO STMFR 126-133-009 $65.66CONCORD CA REAL ESTATE AMADOR AVEMISC 126-133-010 $63.08PARIPAR INVESTMENTS LLC 1395 GALINDO ST CCOM 126-133-011 $358.80PARIPAR INVESTMENTS LLCS 1395 GALINDO STCOM 126-133-013 $350.90CONCORD CA REAL ESTATES 1385 GALINDO STVCOM 126-141-013 $427.74CONCORD HISTORICALT, S 1721 AMADOR AVESFR 126-142-018 $2,414.20SEQUOIA EQUITIES-CONCORDT, GALINDO STMFR 126-143-012 $9,799.88CONCORD CITY OFT, S GALINDO STPUB 126-152-031 $23.50CORAGLIOTTI MICHAEL 1888 CLAYTON RDSFR 126-152-032 $28.66CONCORD HISTORICAL 1928 CLAYTON RDPUB 126-152-033 $329.70ORION ACADEMYS 1866 CLAYTON RDCOM 126-152-034 $34.12CLAYTON PROFESSIONAL CTR 1844 CLAYTON RDCOM 126-153-008 $132.40MOYAL ROHAN TRE 1849 CLAYTON RDCOM 126-164-047 $355.24RMG FEE GALINDO LPS 1335 GALINDO STSFR 126-164-048 $846.64GALINDO STREET PROPERTIESS 1305 GALINDO STCOM 126-164-049 $64.04ANSELL GAYLE TRE 1301 GALINDO STCOM 126-164-050 $218.16RMG FEE GALINDO LPS 1325 GALINDO STVSFR 126-164-051 $151.98GALINDO LPS 1321 GALINDO STCOM
126-164-052 $374.36CONCORD CA REAL ESTATES GALINDO STMISC 126-164-053 $219.62ORTEGA JOSEPH & DEBORAHS 1303 GALINDO STCOM 126-164-054 $529.02GALINDO LPS 1313 GALINDO STCOM
126-240-021 $264.98VASCONI-BELKA REALTYS CLAYTON RDMISC 126-240-024 $395.02CONCORD CITY OF 1736 CLAYTON RDPUB 126-250-038 $1,160.80SUNSET PINES APTS LLCS 1770 ADELAIDE ST 101MFR 8Page 04/26/23

CITY OF CONCORD
Downtown Landscape Maintenance District
Fiscal Year 2023-24
Assessment Roll
Assessor
Parcel
Number
Assessment
AmountProperty Owner
Property
Class
Special
Benefit
Zone Property Address
T = Todos Santos Zone
C = Collector Median Zone
S = Streetscape Zone
Special Benefit Zone Legend:
126-250-041 $509.86ELIAS COMMERCIALS 1704 CLAYTON RDMFR 126-260-071 $565.06CONCORD PROPS LLCS 1682 CLAYTON RD 1MFR 126-260-072 $597.36CONCORD PROPS LLCS 1688 CLAYTON RD 1MFR 126-271-003 $279.30GO ERNEST L TRE EST OFS 1770 WILLOW PASS RDINST 126-271-010 $302.12HANNON BRIAN JS 1800 WILLOW PASS RDCOM 126-271-014 $377.52PICCOLO PROPERTIES LPS 1758 WILLOW PASS RDCOM 126-271-017 $28.66GARIBOTTI FAMILY L P II WILLOW PASS RDVCOM 126-271-018 $246.38GARIBOTTI FAMILY L P IIS 1774 WILLOW PASS RDCOM 126-271-019 $246.38GARIBOTTI FAMILY L P IIS 1790 WILLOW PASS RDCOM 126-271-022 $453.66VASCONI-BELKA REALTYS 1741 CLAYTON RDCOM 126-271-029 $386.52VALORY DANA & LISA TRES 1768 WILLOW PASS RDCOM 126-271-033 $387.94DELLMIN LP 1825 SUTTER STCOM
126-271-034 $957.20DELLMIN LPS 1801 SUTTER STCOM
126-272-005 $2,039.90HAGSTROM PROPERTIES L PS 1840 WILLOW PASS RDCOM 126-272-013 $479.40SUTTER SQUARE HOLDINGS 1800 SUTTER STCOM 126-281-003 $79.18CONTRA COSTA COUNTY 1645 WILLOW PASS RDCOM 126-281-004 $12.96CONTRA COSTA COUNTY 1657 WILLOW PASS RDCOM 126-281-005 $29.34CHABRA RAJ TRE 1661 WILLOW PASS RDCOM 126-281-006 $2.72CONTRA COSTA CO HARVEST WILLOW PASS RDCOM 126-281-007 $75.08CHABRA RAJ TRE 1665 WILLOW PASS RDCOM 126-281-009 $157.00MONTGOMERY REALTY GROUP 1675 WILLOW PASS RDCOM 126-281-010 $787.48MONTGOMERY REALTY GROUP WILLOW PASS RDCOM 126-281-011 $384.06SAI WILLOW VENTURES LLC
1679 WILLOW PASS RDCOM
126-281-012 $404.52MONTGOMERY REALTY GROUP WILLOW PASS RDCOM 126-281-013 $406.26CHABRA RAJ & VICKI V TRE 1701 WILLOW PASS RDCOM 126-281-022 $169.46CHABRA INDER & KRISHNA TRE 1731 WILLOW PASS RDCOM 126-281-023 $64.54TOBRINER MICHAEL C TRE 1739 WILLOW PASS RDCOM 126-281-024 $75.34TOBRINER MICHAEL C TRE 1743 WILLOW PASS RDCOM 126-281-025 $65.92CARDENAS JORGE A & MARIA E 1747 WILLOW PASS RDCOM 126-281-026 $345.72DOUGLAS KENNETH & ARLENES 1751 WILLOW PASS RDCOM 126-281-027 $347.30GORDON MURRAY & JAN TRES 1775 WILLOW PASS RDCOM 126-281-028 $1,123.22JAN MURRAY LLCS 1795 WILLOW PASS RDCOM 126-281-029 $48.20SOJITZ AUTOMOTIVE GROUP 1970 MARKET STCOM 126-281-031 $71.68MONUMENT CRISIS CENTER SUTTER STMISC 126-281-036 $803.78CONTRA COSTA COUNTYS 1611 WILLOW PASS RDCOM 126-281-037 $198.98CONTRA COSTA COUNTYS 1621 WILLOW PASS RDCOM 126-281-041 $221.78GOLDBART CONCORD LLC 1725 WILLOW PASS RDCOM 126-281-042 $1,254.00LINSONG LLCS 1695 WILLOW PASS RDCOM 126-281-043 $897.40GROBE MARY M TRES 1950 MARKET STCOM 126-281-045 $247.14MONUMENT CRISIS CENTERS 1990 MARKET STCOM 126-281-046 $1,570.92CONTRA COSTA COUNTYS 1631 WILLOW PASS RDCOM 126-281-048 $1,035.38CONTRA COSTA COUNTYS WILLOW PASS RDCOM 126-281-049 $2,115.72CONTRA COSTA COUNTYS WILLOW PASS RDCOM 126-291-009 $19.10DOSANJH KARANBIR SINGH 1810 MARKET STCOM 126-291-016 $908.66CHERN INVESTMENTS LLCS 1585 CLAYTON RDCOM 9Page 04/26/23

CITY OF CONCORD
Downtown Landscape Maintenance District
Fiscal Year 2023-24
Assessment Roll
Assessor
Parcel
Number
Assessment
AmountProperty Owner
Property
Class
Special
Benefit
Zone Property Address
T = Todos Santos Zone
C = Collector Median Zone
S = Streetscape Zone
Special Benefit Zone Legend:
126-291-017 $94.74ENGINEER PHIROZ & PERRIN 1791 PINE STCOM 126-291-023 $1,202.02WRSJG LLCS 1785 PINE STVCOM
126-292-012 $237.38VALCALDA PROPERTIES LLC 1891 MARKET STCOM 126-300-023 $219.80NIKEMM 1 HOLDINGS LLC 1450 CIVIC CTCOM 126-300-030 $133.80CENTER FOR ELDERS 1465 CIVIC CT ECOM 126-300-035 $258.04SHAMSZAD SHASHA G TRE 1485 CIVIC CT 1480COM 126-300-043 $316.84MCLELLAN ESTATE CO 1505 WILLOW PASS RDCOM 126-300-044 $470.581470 CIVIC LLC 1470 CIVIC CTCOM
126-300-047 $141.98CENTER FOR ELDERS 1465 CIVIC CT DCOM 126-300-049 $805.08SEECON COMMERCIAL LLCC, 1401 WILLOW PASS RDCOM 126-300-050 $466.24SEECON FINANCIAL & CONST WILLOW PASS RDVCOM 126-300-051 $913.50SEECON FINANCIAL & CONSTC, WILLOW PASS RDMISC 126-300-052 $296.26HSRE OAKMONT CONCORD LLC 1401 CIVIC CTMFR 126-310-011 $4,190.24CONCORD CITY OF 1950 WATERWORLD PKWYPUB 126-310-012 $4,897.08HD DEVELOPMENT OFC, 2090 MERIDIAN PARK BLVDCOM 126-323-003 $1,987.94VALENTE GERALDC, 2285 DIAMOND BLVDCOM 126-323-006 $1,044.90CONTRA COSTA COUNTY CONCORD AVEPUB 126-323-007 $938.62DG CONCORD 2 LLCC, 1001 BURNETT AVECOM 126-324-001 $399.20MONA & 2 FRANKS LLCC, 2290 DIAMOND BLVD 100COM 126-324-002 $450.54DUDUM ROCKY J & NADA R TRE 1070 CONCORD AVE 100COM 126-324-003 $122.06CONLEY TERESA C TRE EST OFC, DIAMOND BLVDMISC 126-324-005 $86.401090 CONCORD ASSOCIATESC, BURNETT AVECOM 126-324-006 $1,707.081090 CONCORD ASSOCIATESC,
1090 CONCORD AVECOM
126-325-001 $452.62CALIFORNIA TEACHERS ASSNC, S 2177 DIAMOND BLVDCOM 126-325-002 $1,659.92LEISURE HOTEL GROUP LLCC, S 1050 BURNETT AVECOM 126-325-004 $1,818.74FUTURE DIAMOND OFC, 2121 DIAMOND BLVDCOM 126-325-014 $549.76GALAXY I CONCORDC, 1001 GALAXY WAYCOM 126-325-016 $77.82GALAXY II CONCORD ORION AVEMISC
126-325-017 $1,445.06GALAXY II CONCORDC, S 1000 BURNETT AVECOM 126-326-001 $1,060.54PAR4JTAS LLCC, S 2199 MERIDIAN PARK BLVDCOM 126-326-002 $2,062.78DIAMOND BOULEVARD LLCC, S 1080 BURNETT AVECOM 126-326-003 $675.72WEIL NANCY TREC, 2120 DIAMOND BLVDCOM 126-330-014 $132.42LEGACY PROPERTIES GROUP 2070 COMMERCE AVEIND 126-330-015 $101.02LEGACY PROPERTIES GROUP 2050 COMMERCE AVEIND 126-330-029 $283.98LEGACY PROPERTIES GROUP 1420 ROYAL INDUSTRIAL WAYIND 126-330-030 $167.92CBC PROPERTIES II LP 2040 COMMERCE AVEIND 126-330-031 $335.86CBC PROPERTIES II LP 2040 COMMERCE AVE A-ECOM 126-341-005 $1,821.36SPPI COMMERCIAL LLC 1855 GATEWAY BLVDCOM 126-341-006 $1,625.00PACIFIC TELEPHONE &S 1611 CLAYTON RDMISC 126-342-004 $1,388.80YU PETER KIN WHA TRES 1680 WILLOW PASS RDCOM 126-342-006 $2,251.10YU PETER KIN WHA TRES 1700 WILLOW PASS RDCOM 126-342-008 $2,677.30SPPI COMMERICAL LLCS 1850 GATEWAY BLVDCOM 126-360-001 $672.14CONHC LLCS 1801 WILLOW PASS RDCOM 126-360-002 $136.941823 WILLOW PASS LLCS 1823 WILLOW PASS RDCOM 126-360-003 $184.46WU GRETA N TRES
1827 WILLOW PASS RDCOM
10Page 04/26/23

CITY OF CONCORD
Downtown Landscape Maintenance District
Fiscal Year 2023-24
Assessment Roll
Assessor
Parcel
Number
Assessment
AmountProperty Owner
Property
Class
Special
Benefit
Zone Property Address
T = Todos Santos Zone
C = Collector Median Zone
S = Streetscape Zone
Special Benefit Zone Legend:
126-360-004 $123.48TRANS PROPERTY LLCS 1833 WILLOW PASS RDCOM 126-360-005 $582.12HOFFNER PATRICIA ANN TRES 1835 WILLOW PASS RDCOM 126-360-006 $567.92KUMAR TARA TRES 1847 WILLOW PASS RDCOM 126-360-007 $271.78WILLOW PASS ONE LLCS 1849 WILLOW PASS RDCOM 126-360-008 $385.80JLD-WP LLCS 1855 WILLOW PASS RDCOM 126-360-009 $308.34JLD-WP LLCS WILLOW PASS RDCOM
126-370-001 $903.92SHOPS AT TODOS SANTOS LLCT, S 2002 SALVIO STCOM 126-370-002 $580.40SHOPS AT TODOS SANTOS LLCT, S 2018 SALVIO STCOM 126-370-003 $2,002.90SHOPS AT TODOS SANTOS LLCT, S 2066 SALVIO STCOM 126-370-004 $695.92SHOPS AT TODOS SANTOS LLCT, S 1955 MOUNT DIABLO STCOM 126-370-005 $535.22SHOPS AT TODOS SANTOS LLCT, S 1935 MOUNT DIABLO STCOM 126-370-006 $102.82SHOPS AT TODOS SANTOS LLCT, MOUNT DIABLO STVCOM 126-370-007 $761.84SHOPS AT TODOS SANTOS LLCT, S WILLOW PASS RDMISC 126-370-009 $12.02SHOPS AT TODOS SANTOS LLCT, WILLOW PASS RDVCOM 126-370-014 $1,000.66SHOPS AT TODOS SANTOS LLCT, S 2001 WILLOW PASS RDCOM 126-370-015 $1,263.64SHOPS AT TODOS SANTOS LLCT, S GALINDO STCOM 126-370-016 $357.70SHOPS AT TODOS SANTOS LLCT, WILLOW PASS RDCOM 126-370-017 $337.84SHOPS AT TODOS SANTOS LLCT, S WILLOW PASS RDMISC 126-380-001 $648.24CANZANI PETER 1400 WILLOW PASS RDVCOM 126-380-006 $632.86MADDEN RICHARD A & DONNA 1430 DANZIG PLAZACOM 126-390-004 $32.90SOJITZ AUTOMOTIVE GROUP
1961 MARKET STCOM
126-390-005 $105.00SOJITZ AUTOMOTIVE GROUP 1951 MARKET STCOM 126-400-001 $47.00SOJITZ AUTOMOTIVE GROUP 1945 MARKET STCOM 126-400-002 $219.08MCCARREL JANES 1939 MARKET STCOM
126-400-008 $28.20DINDIO PHYLLIS K TRE 1935 MARKET STCOM 126-400-010 $345.76R A P LAND COMPANYS 1931 MARKET STCOM 126-421-001 $966.34DELLAMANO MARK J TREC, 1225 WILLOW PASS RDCOM 126-421-002 $165.74THELMA AND LOUISE NO 3 LLCC, 1935 DIAMOND BLVDCOM 126-421-003 $472.48CAJUS LLCC, 1255 WILLOW PASS RD A&BCOM 126-422-002 $548.48SZILARD CORPORATIONC, 1313 WILLOW PASS RDCOM 126-422-003 $602.32CHUI PETER & ROSEANNA TREC, 1353 WILLOW PASS RDCOM 126-422-005 $544.50SHELTER INCC, 1333 WILLOW PASS RD BCONDO 126-422-006 $434.16EL DORADO ELECTRONICSC, 1333 WILLOW PASS RD CCONDO 126-422-008 $566.30EL DORADO ELECTRONICSC, 1333 WILLOW PASS RD ACONDO 126-440-001 $9,381.38CONCORD CENTERCAL OWNERC, 2001 DIAMOND BLVDCOM 126-440-004 $62.66WILLOWS CENTER CONCORD 2075 DIAMOND BLVDCOM 126-440-005 $7,292.70WILLOWS CENTER CONCORDC, 1961 DIAMOND BLVDCOM 126-451-006 $92.84JRM PROPERTIES LLC 1330 GALAXY WAY EIND 126-451-007 $90.10LUAN SHUSHENG 1320 GALAXY WAYIND
126-451-009 $442.36HOFMANN HOLDINGS LP 1340 GALAXY WAYIND 126-452-003 $113.32HOFMANN FAMILY FOUNDATION 1341 GALAXY WAYIND 126-452-004 $91.46COMMUNITY YOUTH CENTER 2231 GALAXY CT AIND 126-452-005 $86.00COMMUNITY YOUTH CENTER 2241 GALAXY CTCOM 126-452-006 $102.40COMMUNITY YOUTH CENTER 2251 GALAXY CTIND 126-452-007 $102.40COMMUNITY YOUTH CENTER 2250 GALAXY CTIND 11Page 04/26/23

CITY OF CONCORD
Downtown Landscape Maintenance District
Fiscal Year 2023-24
Assessment Roll
Assessor
Parcel
Number
Assessment
AmountProperty Owner
Property
Class
Special
Benefit
Zone Property Address
T = Todos Santos Zone
C = Collector Median Zone
S = Streetscape Zone
Special Benefit Zone Legend:
126-452-013 $327.66COMMUNITY YOUTH CENTER 1381 GALAXY WAYCOM 126-452-014 $184.32COMMUNITY YOUTH CENTER GALAXY CTCOM 126-452-015 $196.601321 GALAXY WAY LLC 1321 GALAXY WAYCOM 126-452-017 $16.381321 GALAXY WAY LLC CONCORD AVEVIND 126-490-001 $663.72FLATIRONS STANWELL LLCC, 2090 DIAMOND BLVDCOM 126-490-002 $527.14LEE JOHN S & HELEN Y TREC, 2050 DIAMOND BLVDCOM 126-490-003 $753.842055 MERIDIAN PARK BLVD LLCC, 2055 MERIDIAN PARK BLVDCOM 126-490-004 $1,161.96CALIFORNIA STATE OFC, 2070 DIAMOND BLVDPUB 126-490-005 $550.50EDSTAR ENTERPRISESC, 2080 DIAMOND BLVDCOM 126-521-004 $2,003.50PACIFIC SERVICE CREDITC, 1355 WILLOW WAYCOM 126-521-005 $1,876.32GB HOLDINGS LLCC, 2030 DIAMOND BLVDCOM 126-522-001 $2,771.56L & L HOSPITALITY HOLDINGSC, 1970 DIAMOND BLVDCOM 126-530-001 $18.02GINGRICH JOHN & DIANNE 1300 GALAXY WAY 1CONDO 126-530-002 $18.02ALTEC ELECTRIC 1300 GALAXY WAY 2CONDO 126-530-003 $18.02PRINT-N-STUFF INC 1300 GALAXY WAY 3CONDO 126-530-004 $18.02PRINT-N-STUFF INC 1300 GALAXY WAY 4CONDO 126-530-005 $18.02TOLAND VAL C 1300 GALAXY WAY 5CONDO 126-530-006 $18.02TU CHIA-CHI & MEIFAN TRE 1300 GALAXY WAY 6CONDO 126-530-007 $18.02MOSSOTTO DAVID JOSEPH TRE 1300 GALAXY WAY 7CONDO 126-530-008 $18.02BAXTER KEVIN B & SANDRA K 1300 GALAXY WAY 8CONDO 126-530-009 $18.02MORGAN JOHN K & ROBERTA C 1300 GALAXY WAY 9CONDO 126-530-010 $18.02PRINT-N-STUFF INC 1300 GALAXY WAY 10CONDO 126-530-011 $18.02DONCHISHIN STEVEN 1300 GALAXY WAY 11CONDO 126-530-012 $18.02AVILA ERNESTO & CATHERINE
1300 GALAXY WAY 12CONDO
126-530-013 $18.02M&K PATTERSON PROPERTIES 1300 GALAXY WAY 13CONDO 126-530-014 $18.02JOHNSON CURTIS BRUCE TRE 1300 GALAXY WAY 14CONDO 126-530-015 $18.02TRAVIS GRADEN J & STACEY 1300 GALAXY WAY 15CONDO 126-530-016 $18.02MORGAN SINGLE HOLDING 1300 GALAXY WAY 16CONDO 126-530-017 $18.02GINGRICH JOHN & DIANNE 1300 GALAXY WAY 17CONDO 126-530-018 $18.02LEVINE SCOTT & SHANNON 1300 GALAXY WAY 18CONDO 126-530-019 $18.02LEVINE SCOTT A & SHANNON 1300 GALAXY WAY 19CONDO 126-530-020 $18.02PALSA RONALD L 1300 GALAXY WAY 20CONDO 126-530-021 $18.02LEVINE SCOTT & SHANNON 1300 GALAXY WAY 21CONDO 126-541-001 $12.86LOGAN DAVID M TRES 1790 ELLIS ST 1CONDO 126-541-002 $12.86CHAN PAUL K & AMY S TRES 1790 ELLIS ST 2CONDO 126-541-003 $12.86HWA ARNOLD JEN NUOHS 1790 ELLIS ST 3CONDO 126-541-004 $12.86GUGGIANA DARYL & SHIRLEES 1790 ELLIS ST 4CONDO 126-541-005 $12.86ABRIOL KEVIN WILLIAMS 1790 ELLIS ST 5CONDO 126-541-006 $12.86YU JING HS 1790 ELLIS ST 6CONDO
126-541-007 $12.86BOLANIS GEORGE F & ANITA LS 1790 ELLIS ST 7CONDO 126-541-008 $12.86LYEVERS SHAUNS 1790 ELLIS ST 8CONDO 126-541-009 $12.86LOPEZ SERAFINAS 1790 ELLIS ST 9CONDO 126-541-010 $12.86SRINIVASAN SHANKARAS 1790 ELLIS ST 10CONDO 126-541-011 $12.86RAEES MOMINS 1790 ELLIS ST 11CONDO 126-541-012 $12.86RYAN AFSHIN & MANIJEHS 1790 ELLIS ST 12CONDO 12Page 04/26/23

CITY OF CONCORD
Downtown Landscape Maintenance District
Fiscal Year 2023-24
Assessment Roll
Assessor
Parcel
Number
Assessment
AmountProperty Owner
Property
Class
Special
Benefit
Zone Property Address
T = Todos Santos Zone
C = Collector Median Zone
S = Streetscape Zone
Special Benefit Zone Legend:
126-541-013 $12.86GUERRERO JOSE ERNESTO JRS 1790 ELLIS ST 13CONDO 126-541-014 $12.86GUERRERO JOSE ERNESTO JRS 1790 ELLIS ST 14CONDO 126-541-015 $12.86KONOPKA WOJCIEH MS 1790 ELLIS ST 15CONDO 126-541-016 $12.86HO SUNNY TRES 1790 ELLIS ST 16CONDO 126-541-017 $12.86KONOPKA WOJCIECH MS 1790 ELLIS ST 17CONDO 126-541-018 $12.86MAY DIANAS 1790 ELLIS ST 18CONDO
126-541-019 $12.86STEBEN MATTHEW DS 1790 ELLIS ST 19CONDO 126-541-020 $12.86RUDD KYLES 1790 ELLIS ST 20CONDO
126-541-021 $12.86DAI GUIYANS 1790 ELLIS ST 21CONDO 126-541-022 $12.86NUZUM CHARLESS 1790 ELLIS ST 22CONDO 126-541-023 $12.86ZHANG MINGS 1790 ELLIS ST 23CONDO 126-541-024 $12.86HUFF NICOLASS 1790 ELLIS ST 24CONDO 126-541-025 $12.86CHEN AMANDAS 1790 ELLIS ST 25CONDO 126-541-026 $12.86WU ZHENYUS 1790 ELLIS ST 26CONDO
126-541-027 $12.86WALL DOROTHY AILEENS 1790 ELLIS ST 27CONDO 126-541-028 $12.86KONOPKA WOJCIECHS 1790 ELLIS ST 28CONDO 126-541-029 $12.86OVADIA RONI & JULIE TRES 1790 ELLIS ST 29CONDO 126-541-030 $12.86CARTER NORRIS DS 1790 ELLIS ST 30CONDO 126-541-031 $12.86FIEL EVANGELINE MATEO TRES 1790 ELLIS ST 31CONDO 126-541-032 $12.86KENT E GREG & BEVERLY CS 1790 ELLIS ST 32CONDO 126-541-033 $12.86MENIC MARIOS
1790 ELLIS ST 33CONDO
126-541-034 $12.86PAK SARAHS 1790 ELLIS ST 34CONDO
126-541-035 $12.86ESPIRITU GRECELIAS 1790 ELLIS ST 35CONDO 126-541-036 $12.86SIOCHI ALDRINS 1790 ELLIS ST 36CONDO 126-541-037 $12.86MALMSTROM ROHNDAS 1790 ELLIS ST 37CONDO 126-541-038 $12.86AHMADI ABDULLAHS 1790 ELLIS ST 38CONDO 126-541-039 $12.86MCCORMACK SCOTT AS 1790 ELLIS ST 39CONDO 126-541-040 $12.86YUAN ANITA GIS 1790 ELLIS ST 40CONDO 126-541-041 $12.86YU ZHIKAI TRES 1790 ELLIS ST 41CONDO 126-541-042 $12.86TRASK SCOTTS 1790 ELLIS ST 42CONDO 126-541-043 $12.86AGUILA JOSE & SANDRAS 1790 ELLIS ST 43CONDO 126-541-044 $12.86GOSS ADELINA QUEVEDOS 1790 ELLIS ST 44CONDO 126-541-045 $12.86MORGAN NORA MS 1790 ELLIS ST 45CONDO 126-541-046 $12.86ZYGUTIS BRENDA DS 1790 ELLIS ST 46CONDO 126-541-047 $12.86QIU CHENGS 1790 ELLIS ST 47CONDO
126-541-048 $12.86OVADIA RONI & JULIE TRES 1790 ELLIS ST 48CONDO 126-541-049 $12.86MA CHARLESS 1790 ELLIS ST 49CONDO 126-541-050 $12.86STASEK CLIFFORD JAMESS 1790 ELLIS ST 50CONDO 126-541-051 $12.86CHINN VICTORIA AS 1790 ELLIS ST 51CONDO 126-541-052 $12.86DESEPIO CAROL TRES 1790 ELLIS ST 52CONDO 126-570-001 $34.18DAHL MARIA-LUIZAS
1670 CLAYTON RD 1CONDO
126-570-002 $34.18PINAS MARCO ANTONIOS 1670 CLAYTON RD 2CONDO 126-570-003 $34.18MISASI RYAN JOHN & ERICA KS 1670 CLAYTON RD 3CONDO 126-570-004 $34.18DROCAN CALIN & FLORENTAS 1670 CLAYTON RD 4CONDO 126-570-005 $34.18ZAMARRIPA GENNY SS 1670 CLAYTON RD 5CONDO 13Page 04/26/23

CITY OF CONCORD
Downtown Landscape Maintenance District
Fiscal Year 2023-24
Assessment Roll
Assessor
Parcel
Number
Assessment
AmountProperty Owner
Property
Class
Special
Benefit
Zone Property Address
T = Todos Santos Zone
C = Collector Median Zone
S = Streetscape Zone
Special Benefit Zone Legend:
126-570-006 $34.18KUSLITS CHARLES A TRES 1670 CLAYTON RD 6CONDO 126-570-007 $34.18FELDER JOHN H & MARILYNS 1670 CLAYTON RD 7CONDO 126-570-008 $34.18BEZRODNYY MIKHAILS 1670 CLAYTON RD 8CONDO 126-570-009 $34.18WOLFE NGOC BAOS 1670 CLAYTON RD 9CONDO 126-570-010 $34.18SCHNEIDER RAMONA LS 1670 CLAYTON RD 10CONDO 126-570-011 $34.18WIJAYANTI FENNYS 1670 CLAYTON RD 11CONDO 126-570-012 $34.18VELEZ FELIX JR TRES 1670 CLAYTON RD 12CONDO 126-570-029 $34.18ENTESARY DARYOUSHS 1670 CLAYTON RD 14CONDO 126-570-030 $34.18FEYGENBERG GENNADIYS 1670 CLAYTON RD 15CONDO 126-570-031 $34.18PLANSKY DONS 1670 CLAYTON RD 16CONDO 126-570-032 $34.18DEBONIS JERILYNN TRES 1670 CLAYTON RD 17CONDO 126-570-033 $34.18WONG ANTONYS 1670 CLAYTON RD 18CONDO 126-570-034 $34.18JOHNSON WILLIAM SHAWS 1670 CLAYTON RD 19CONDO 126-570-035 $34.18NUNLEY VITTORIO & CRISTINAS 1670 CLAYTON RD 20CONDO 126-570-036 $34.18WATKINS SEANS 1670 CLAYTON RD 21CONDO 126-570-037 $34.18GONZALEZ ELVIAS 1670 CLAYTON RD 22CONDO 126-570-038 $34.18PINE ROBERT MS 1670 CLAYTON RD 23CONDO 126-570-039 $34.18BRADFORD ZENNAITAS 1670 CLAYTON RD 24CONDO 126-570-040 $34.18HUDSON JOHN A TRES 1670 CLAYTON RD 25CONDO 126-570-041 $34.18WHITE DESHONES 1670 CLAYTON RD 26CONDO 126-570-042 $34.18BROWN JACQUELYNE TRES
1670 CLAYTON RD 27CONDO
126-570-043 $34.18ARMENTA GILBERT JS 1670 CLAYTON RD 28CONDO 126-580-001 $4.50SANKEY KIRRA 1851 HARRISON ST 1CONDO 126-580-002 $4.50RING EILEEN 1851 HARRISON ST 2CONDO 126-580-003 $4.50PREPENA LOLITA S 1851 HARRISON ST 3CONDO 126-580-004 $4.50WHALEN JOHN E & LILLIAN A 1851 HARRISON ST 4CONDO 126-580-005 $4.50ARCHULETA JENNIFER 1851 HARRISON ST 5CONDO 126-580-006 $4.50CHAUDHRI HARKIRAN S & 1851 HARRISON ST 6CONDO 126-580-007 $4.50NACION ANTONIO R & ETHELYN 1851 HARRISON ST 7CONDO 126-580-008 $4.50PEREZ FORTUNATO 1851 HARRISON ST 8CONDO 126-580-009 $4.50KARIMI KAMBIZ 1851 HARRISON ST 9CONDO 126-580-010 $4.50VASAVADA AMIT TRE 1851 HARRISON ST 10CONDO 126-580-011 $4.50VANDERGROEN MEISJE 1851 HARRISON ST 11CONDO 126-580-012 $4.50CHEUNG HO MING & CHRISTINA 1851 HARRISON ST 12CONDO 126-580-013 $4.50LIN BOR-CHYUAN TRE 1851 HARRISON ST 13CONDO 126-580-014 $4.50ZUGNONI GARY 1851 HARRISON ST 14CONDO 126-580-015 $4.50AGUILAR ALEJANDRO 1851 HARRISON ST 15CONDO 126-580-016 $4.50JONES VICKI M 1851 HARRISON ST 16CONDO 126-580-017 $4.50MEIER RUSSELL V TRE 1851 HARRISON ST 17CONDO 126-580-018 $4.50WILLIAMS MATTHEW 1851 HARRISON ST 18CONDO 126-580-019 $4.50STIFF BRETT J 1851 HARRISON ST 19CONDO 126-580-020 $4.50PCWW LLC 1851 HARRISON ST 20CONDO 126-630-002 $554.30SECURITY OWNERSC, S 2280 DIAMOND BLVD A330CONDO 126-630-003 $250.06SECURITY OWNERSC, S 2280 DIAMOND BLVD B410CONDO 126-630-004 $499.82SECURITY OWNERSC, S
2280 DIAMOND BLVD C510CONDO
14Page 04/26/23

CITY OF CONCORD
Downtown Landscape Maintenance District
Fiscal Year 2023-24
Assessment Roll
Assessor
Parcel
Number
Assessment
AmountProperty Owner
Property
Class
Special
Benefit
Zone Property Address
T = Todos Santos Zone
C = Collector Median Zone
S = Streetscape Zone
Special Benefit Zone Legend:
126-630-005 $149.86SECURITY OWNERSC, S 2280 DIAMOND BLVD D110CONDO 126-630-006 $149.86SECURITY OWNERSC, S 2280 DIAMOND BLVD E200CONDO 126-640-015 $6,600.84CONCORD TECH CENTER PROPT, 1755 GRANT STCOM 126-640-016 $6,289.26JAMESTOWN CONCORD TECHT, 2001 CLAYTON RDCOM 126-641-014 $4,844.46CONCORD TECH CENTER PROPT, 1655 GRANT STCOM 126-641-015 $8,527.30JAMESTOWN CONCORD TECHT, 2000 CLAYTON RDCOM 126-641-016 $9,773.86CONCORD TECH CENTER PROPT, 1575 GRANT STMISC 126-641-017 $4,901.10CONCORD TECH CENTER PROPT, 1575 GRANT STMISC 126-650-001 $1.38LOUIE STANLEY & JOAQUINA 1771 BROADWAY ST 100CONDO 126-650-002 $1.38BURNS ISAAC L & CARMEN E 1771 BROADWAY ST 101CONDO 126-650-003 $1.38FRANCISCO RYAN SANTOS 1771 BROADWAY ST 102CONDO 126-650-004 $1.38FRIEDMAN LESTER TRE 1771 BROADWAY ST 103CONDO 126-650-005 $1.38KUMALO TOKOZANI V 1771 BROADWAY ST 104CONDO 126-650-006 $1.38FRIEDMAN LESTER TRE 1771 BROADWAY ST 105CONDO 126-650-007 $1.38FRIEDMAN LESTER TRE 1771 BROADWAY ST 106CONDO 126-650-008 $1.38ONG TUYET VAN THI 1771 BROADWAY ST 107CONDO 126-650-009 $1.38WILK LUKASZ 1771 BROADWAY ST 108CONDO 126-650-010 $1.38SULLIVAN PATSY R TRE 1771 BROADWAY ST 109CONDO 126-650-011 $1.38TJON JULIAN K 1771 BROADWAY ST 110CONDO 126-650-012 $1.38LOUIE STANLEY & JOAQUINA 1771 BROADWAY ST 111CONDO 126-650-013 $1.38DAPLAS MICHAEL PETER C 1771 BROADWAY ST 112CONDO 126-650-014 $1.38BURKE KERSTIN L 1771 BROADWAY ST 113CONDO 126-650-015 $1.38GAMA ESTATES LLC 1771 BROADWAY ST 114CONDO 126-650-016 $1.38WU YONGWEN
1771 BROADWAY ST 115CONDO
126-650-017 $1.38SULLIVAN PATSY R TRE 1771 BROADWAY ST 116CONDO 126-650-018 $1.38WHITE DOVE PROPERTIES LLC 1771 BROADWAY ST 117CONDO 126-650-019 $1.38YOUNG JULIA MICHELLE 1771 BROADWAY ST 118CONDO 126-650-020 $1.38PEREZ LYDIA DEL CARMEN 1771 BROADWAY ST 119CONDO 126-650-021 $1.38WU PINGYU 1771 BROADWAY ST 120CONDO 126-650-022 $1.38JACOBSEN RACHEL A 1771 BROADWAY ST 121CONDO 126-650-023 $1.38WU YAMING 1771 BROADWAY ST 122CONDO 126-650-024 $1.38GOSS ROBERT WESLEY TRE 1771 BROADWAY ST 123CONDO 126-650-025 $1.38KUMALO TOKOZANI V 1771 BROADWAY ST 124CONDO 126-650-026 $1.38OVADIA RONI & JULIE OVADIA 1771 BROADWAY ST 125CONDO 126-650-027 $1.38CHAN BOON 1771 BROADWAY ST 126CONDO 126-650-028 $1.38IRA SERVICES TRUST 1771 BROADWAY ST 127CONDO 126-650-029 $1.38PINKARD SAUL 1771 BROADWAY ST 128CONDO 126-650-030 $1.38LOUIE STANLEY & JOAQUINA 1771 BROADWAY ST 200CONDO 126-650-031 $1.38LOUIE STANLEY & JOAQUINA 1771 BROADWAY ST 201CONDO 126-650-032 $1.38SURENKOV YEVGEN 1771 BROADWAY ST 202CONDO 126-650-033 $1.38LI XIAN BIN 1771 BROADWAY ST 203CONDO 126-650-034 $1.38BAEK SUN HEE 1771 BROADWAY ST 204CONDO 126-650-035 $1.38LOUIE STANLEY & JOAQUINA 1771 BROADWAY ST 205CONDO 126-650-036 $1.38AMINIAN GUITA 1771 BROADWAY ST 206CONDO 126-650-037 $1.38FRIEDMAN LESTER TRE 1771 BROADWAY ST 207CONDO 15Page 04/26/23

CITY OF CONCORD
Downtown Landscape Maintenance District
Fiscal Year 2023-24
Assessment Roll
Assessor
Parcel
Number
Assessment
AmountProperty Owner
Property
Class
Special
Benefit
Zone Property Address
T = Todos Santos Zone
C = Collector Median Zone
S = Streetscape Zone
Special Benefit Zone Legend:
126-650-038 $1.38BELMONT SAMANTHA 1771 BROADWAY ST 208CONDO 126-650-039 $1.38BAEK MIN SOO 1771 BROADWAY ST 209CONDO 126-650-040 $1.38SUZUKI NOBUYUKI 1771 BROADWAY ST 210CONDO 126-650-041 $1.38GILLES MARTHA E TRE 1771 BROADWAY ST 211CONDO 126-650-042 $1.38PUTNEY BRIANNA 1771 BROADWAY ST 212CONDO 126-650-043 $1.38WHITE JEROME 1771 BROADWAY ST 213CONDO 126-650-044 $1.38ALEXAND RICHARD & KAREN 1771 BROADWAY ST 214CONDO 126-650-045 $1.38ZHENG DANLI 1771 BROADWAY ST 215CONDO 126-650-046 $1.38SEVERINO JULIA R 1771 BROADWAY ST 216CONDO 126-650-047 $1.38SURENKOV YEUGEN 1771 BROADWAY ST 217CONDO 126-650-048 $1.38VIERLING JEREMIAH A 1771 BROADWAY ST 218CONDO 126-650-049 $1.38RAMSLAND MARC L 1771 BROADWAY ST 219CONDO 126-650-050 $1.38SETO EVA Y 1771 BROADWAY ST 220CONDO 126-650-051 $1.38JENSEN JON CLARENCE 1771 BROADWAY ST 221CONDO 126-650-052 $1.38PORTILLO REMBERTO A 1771 BROADWAY ST 222CONDO 126-650-053 $1.38YUEN TONY W & ENNI 1771 BROADWAY ST 223CONDO 126-650-054 $1.38SHEKHTMAN ANJELIKA L 1771 BROADWAY ST 224CONDO 126-650-055 $1.38MORECI BARBARA J TRE 1771 BROADWAY ST 225CONDO 126-650-056 $1.38LEBHERZ JENNIFER 1771 BROADWAY ST 226CONDO 126-650-057 $1.38RISO MICHAEL DAVID 1771 BROADWAY ST 227CONDO 126-650-058 $1.38LOOMIS KATHERYN H 1771 BROADWAY ST 228CONDO 126-650-059 $1.38JILES DANAE D 1771 BROADWAY ST 300CONDO 126-650-060 $1.38LOUIE STANLEY & JOAQUINA 1771 BROADWAY ST 301CONDO 126-650-061 $1.38TIFFER RENE F & EVA C 1771 BROADWAY ST 302CONDO 126-650-062 $1.38LOUIE STANLEY & JOAQUINA 1771 BROADWAY ST 303CONDO 126-650-063 $1.38CHAN ALBERT & ALEXANDRIA
1771 BROADWAY ST 304CONDO
126-650-064 $1.38LIU HAO-WEI 1771 BROADWAY ST 305CONDO 126-650-065 $1.38LOUIE STANLEY & JOAQUINA 1771 BROADWAY ST 306CONDO 126-650-066 $1.38KUMALO TOKOZANI V 1771 BROADWAY ST 307CONDO 126-650-067 $1.38SULLIVAN PATSY R TRE 1771 BROADWAY ST 308CONDO 126-650-068 $1.38ARZAMENDI LUIS A 1771 BROADWAY ST 309CONDO 126-650-069 $1.38SURENKOV YEVGEN 1771 BROADWAY ST 310CONDO 126-650-070 $1.38HUGHES CHARLES F 1771 BROADWAY ST 311CONDO 126-650-071 $1.38ZHOU XINPING TRE 1771 BROADWAY ST 312CONDO 126-650-072 $1.38KUMALO TOKOZANI V 1771 BROADWAY ST 313CONDO 126-650-073 $1.38MORECI DAVID JOSEPH 1771 BROADWAY ST 314CONDO 126-650-074 $1.38MITCHELL MICHAEL CHARLES 1771 BROADWAY ST 315CONDO 126-650-075 $1.38SMITH TANYA 1771 BROADWAY ST 316CONDO 126-650-076 $1.38STEPHENSON KENNETH R 1771 BROADWAY ST 317CONDO 126-650-077 $1.38ADMIRAL CALLAGHAN PROF 1771 BROADWAY ST 318CONDO 126-650-078 $1.38ENG ERIC J 1771 BROADWAY ST 319CONDO 126-650-079 $1.38IP MONA MO YIN 1771 BROADWAY ST 320CONDO 126-650-080 $1.38GELLIDON GREGORIO & MARIA 1771 BROADWAY ST 321CONDO 126-650-081 $1.38QUITORIANO JUSTIN 1771 BROADWAY ST 322CONDO 126-650-082 $1.38TO ANH 1771 BROADWAY ST 323CONDO
16Page 04/26/23

CITY OF CONCORD
Downtown Landscape Maintenance District
Fiscal Year 2023-24
Assessment Roll
Assessor
Parcel
Number
Assessment
AmountProperty Owner
Property
Class
Special
Benefit
Zone Property Address
T = Todos Santos Zone
C = Collector Median Zone
S = Streetscape Zone
Special Benefit Zone Legend:
126-650-083 $1.38DAVIDSON WILLIAM A TRE 1771 BROADWAY ST 324CONDO 126-650-084 $1.38ELIZALDE MICHAEL 1771 BROADWAY ST 325CONDO 126-650-085 $1.38ALLEN NUR 1771 BROADWAY ST 326CONDO 126-650-086 $1.38REILLY DIANE P TRE 1771 BROADWAY ST 327CONDO 126-650-087 $1.38JOHNSON CASEY M 1771 BROADWAY ST 328CONDO 126-670-001 $399.52DOSANJH REAL ESTATE INVEST 1340 CONCORD AVECOM 126-670-002 $309.04DOSANJH REAL ESTATE INVEST CONCORD AVECOM 126-670-003 $166.42DOSANJH REAL ESTATE INV 1330 CONCORD AVECOM 126-670-004 $203.42DOSANJH REAL ESTATE INV CONCORD AVECOM 126-680-001 $41.60KENNEDY DIANES 1783 HABITAT WAYCONDO 126-680-002 $41.60EGHTESADI NARGES TRES 1785 HABITAT WAYCONDO 126-680-003 $41.60VALENTINEZ EDUARDOS 1787 HABITAT WAYCONDO 126-680-004 $41.60GALLEGOS RAFAEL &S 1789 HABITAT WAYCONDO 126-680-005 $41.86ZAVALA RAFAEL & MARIAS 1791 HABITAT WAYCONDO 126-680-006 $42.20HEIDELBERG ALVIN &S 1793 HABITAT WAYCONDO 126-680-007 $41.32RODRIGUEZ SOCRATES &S 1795 HABITAT WAYCONDO 126-680-008 $42.40DELGADO JOSE & ALMAS 1797 HABITAT WAYCONDO 126-680-009 $42.40TAUSIG SNEJANAS 1799 HABITAT WAYCONDO 126-680-010 $48.14MOSQUEDA ANTONIO R &S 1794 HABITAT WAYCONDO 126-680-011 $41.52GALVEZ ABEL & ROMMYS 1792 HABITAT WAYCONDO 126-680-012 $41.52ROJAS JUAN & MARTHAS 1790 HABITAT WAYCONDO 126-680-013 $41.52BUIE LYNDA MS
1788 HABITAT WAYCONDO
126-680-014 $41.52RAWLINSON LORRAINES 1786 HABITAT WAYCONDO 126-680-015 $41.52SERRANO RAUL & MARITZA US 1784 HABITAT WAYCONDO 126-680-016 $41.52SAGA LAURA P TRES 1782 HABITAT WAYCONDO 127-032-042 $565.80MEYER-LEWIS COMPANY LLC 1000 SUN VALLEY BLVDCOM 127-220-012 $88.881241 DIAMOND WAY LLC 1241 DIAMOND WAYIND 127-220-013 $92.02HORN SUSAN E TRE 1231 DIAMOND WAYIND 127-220-017 $316.98SIXTH & BRYANT LLC 1240 WILLOW PASS RDIND 127-220-018 $164.24J E SCHWARTZ PARTNERSHIP 1221 DIAMOND WAY AIND 127-220-021 $1,578.20RIVERWALK-PRICE LLC 1280 WILLOW PASS RD ACOM 127-241-006 $588.86MH CONCORD CENTRE LLC 1390 WILLOW PASS RDCOM 127-241-007 $744.58MH CONCORD CENTRE LLC 1320 WILLOW PASS RDCOM 128-010-035 $270.021642 CLAYTON LLCS 1642 CLAYTON RD 1MFR 128-010-036 $273.64LANCE BRUCE & ANNETTE TRES 1648 CLAYTON RDMFR 128-010-037 $276.78LANCE BRUCE & ANNETTE TRES 1650 CLAYTON RD 1-8MFR 128-010-038 $233.621636 APT LLCS 1636 CLAYTON RDMFR
128-010-080 $319.101630 CLAYTONS 1760 PINE STMFR
128-010-088 $1,135.601630 CLAYTON & 1650/1730 PINES 1650 PINE STMFR 128-440-001 $7.681630 CLAYTON & 1650/1730 PINE 1730 PINE ST 1MFR 128-440-002 $7.681630 CLAYTON & 1650/1730 PINE 1730 PINE ST 3MFR 128-440-003 $29.941630 CLAYTON & 1650/1730 PINE 1730 PINE ST 5MFR 153-230-007 $901.10TAUBMAN LAND ASSOCIATES 715 CONTRA COSTA BLVDCOM 153-230-021 $214.08TAUBMAN LAND ASSOCIATES 410 SUN VALLEY MALLCOM 153-230-022 $5,812.84TAUBMAN LAND ASSOCIATES 1053 SUN VALLEY BLVDCOM 17Page 04/26/23

CITY OF CONCORD
Downtown Landscape Maintenance District
Fiscal Year 2023-24
Assessment Roll
Assessor
Parcel
Number
Assessment
AmountProperty Owner
Property
Class
Special
Benefit
Zone Property Address
T = Todos Santos Zone
C = Collector Median Zone
S = Streetscape Zone
Special Benefit Zone Legend:
153-230-023 $724.38TAUBMAN LAND ASSOCIATES 901 SUNVALLEY BLVDCOM 153-230-024 $566.06TAUBMAN LAND ASSOCIATES CONTRA COSTA BLVDCOM 153-230-025 $3,156.56TAUBMAN LAND ASSOCIATES 1001 SUN VALLEY BLVDCOM 153-250-003 $79.46LES SCHWAB WAREHOUSE 625 CONTRA COSTA BLVDCOM 153-250-008 $98.56RTSF PETRO VENTURES INC 627 CONTRA COSTA BLVDCOM 153-250-009 $50.52SALKHI ALI & SOURI M TRE 605 CONTRA COSTA BLVDCOM $483,448.76TOTAL:
18Page 04/26/23

City of Concord
Pine Hollow Estates Landscape &
Lighting Maintenance District
Fiscal Year 2023-24
Final Engineer’s Report
May 23, 2023
Attachment 6

City of Concord Pine Hollow Estates Fiscal Year 2023-24 Landscape & Lighting Maintenance D istrict Table of Contents

i

TABLE OF CONTENTS

Page No.

City Council Members and City Staff ............................................................................. ii

Signatures ................................................................................................................... iii

Section I - Introduction .................................................................................................. 1

Section II – Engineer’s Report ...................................................................................... 2

Part A - Plans and Specifications ................................................................ 4

Part B - Estimate of Cost ............................................................................. 5 Table 1: Cost Estimate ................................................................... 5

Part C - Assessment District Diagram ......................................................... 7

Part D - Method of Apportionment of Assessment ...................................... 9 Table 2: Assessment Rate per Benefit Zone ................................ 10

Part E - Property Owner List & Assessment Roll ...................................... 11

Appendix “A” – Recommended Capital Replacement Reserve Analysis

Appendix “B” – Fiscal Year 2023-24 Assessment Roll

City of Concord Pine Hollow Estates Fiscal Year 2023-24 Landscape & Lighting Maintenance D istrict Council Members and City Staff

ii

CITY COUNCIL MEMBERS AND CITY STAFF

Laura Hoffmeister
Mayor

Edi E. Birsan
Vice Mayor
Dominic Aliano
Council Member

Laura Nakamura
Council Member
Carlyn Obringer
Council Member

Valerie Barone
City Manager

Susanne Brown
City Attorney
Joelle Fockler
City Clerk

Francisco & Associates
Assessment Engineer

City of Concord Pine Hollow Estates Fiscal Year 2023-24 Landscape & Lighting Maintenance District Signature

iii

ENGINEER'S REPORT

CITY OF CONCORD

PINE HOLLOW ESTATES LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT

The undersigned, acting on behalf of Francisco & Associates, respectfully submits the enclosed Engineer's Report as directed by the City of Concord City Council pursuant to the provisions of Article XIIID, Section 4 of the California Const itution, and the Landscaping and Lig hting Act of 1972, Sections 22500 seq. of the California Streets and Highways Code. The undersigned certifies that he is a Professional Engineer, registered in the State of California.

Dated: April 26, 2023 Engineer of Work

_____________________________
Eduardo R. Espinoza, P. E.

R.C.E. No. 83709

I HEREBY CERTIFY that the enclosed Engineer's Report, together with the Assessment Roll and Assessment Diagram thereto attached, was filed wit h me on the _______ day of , 2023.

_____________________________
Joelle Fockler, City Clerk
City of Concord
Contra Costa County, California

I HEREBY CERTIFY that the enclosed Engineer's Report, together with the Assessment Roll an d Assessment Diagra m th ereto attached, was approved, an d confirmed by the Council of the City of Concord, Contra Costa County, California, on the day of , 2023.

_____________________________
Joelle Fockler, City Clerk
City of Concord
Contra Costa County, California

City of Concord Pine Hollow Estates Fiscal Year 2023-24 Landscape & Lighting Maintenance D istrict Section I – Introduction

1 SECTION I

INTRODUCTION

ENGINEER'S REPORT

CITY OF CONCORD

PINE HOLLOW ESTATES LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT

FISCAL YEAR 2023-24

Current Annual Administration
To ensure a flow of funds for the construction, operation, maintenance, and servicing of specified improvemen ts w ithin the boundaries of the City of Concord's Pine Hollow Estates Landscape and Lighting Maintenance District ("District") ; the City Council will renew the District this fiscal year. The boundaries of the District are shown on the Assessment Diagram and incorporated in this report as Part “C”.

The District was formed in 1986 pursuant to Resolution No. 86- 89 of the City Council under the provisions of Part 2 of Division 15 of the California Streets and Highways Code, Sections 22500 through 22679.

The costs of operation, maintenance, and servicing of the improvements to be funded by the District will be apportioned to each parcel within the District in proportion to the special benefit it receives. The method of assessment may be amended from time to time by the City Council, in order to apportion the costs in relation to the benefits being received. However, if the assessments are increased from the prior year, they will be subject to the noticing and balloting procedures referenced in Proposition 218.

Payment of the assessment for each parcel will be made in the same manner and at the same time as payments are made for property taxes. All funds collected through the assessment must be placed in a special fund and can only b e used for the purposes stated within this report.

As required by the Landscaping and Lighting Act of 1972, this Engineer's Report describes the improvements to be constructed, operated, maintained, and serviced by the District for F iscal Year 2023-24, provides a cost estimate for the Distr ict, and l ists the proposed assessments to be levied upon each assessable lot or parcel within the District.

The City will hold a Public Hearing on May 23, 2023 to provide an opportunity for any interested person to be heard. At the conclusion of the Public Hearing, the City Council may adopt a resolution confirming the levy of assessments as originally proposed or as modified. Following the adoption of this resolution, the final as sessor's roll will be prepared and filed with the Contra Costa County Auditor's office to be included on the Fiscal Year 2023-24 tax roll.