Agenda packet — Concord City Council, September 10, 2024

1 COUNCILMEMBERS
Edi E. Birsan, Mayor
Carlyn S. Obringer, Vice Mayor
Dominic D. Aliano
Laura M. Hoffmeister
Laura M. Nakamura
Civic Center
1950 Parkside Drive
Concord, CA 94519
www.cityofconcord.org
Regular Meeting of the
Concord City Council
Tuesday,
September 10, 2024 6:30 p.m. - Open Session
Council Chamber
1950 Parkside Drive
and/or Various
telephonic/electronic
locations
*IMPORTANT NOTICE ABOUT PUBLIC COMMENTS AND MEETING PARTICIPATION* Members of the public are invited to attend and participate at: Council Chamber, 1950 Parkside Drive, Concord, CA.

Please note the following change to the City’s public comment procedures: Unless a Councilmember is participating in the meeting remotely pursuant to AB 2449, remote public comment will not be accepted. Public comment may be provided in-person or via email, as set forth below. Members of the public desiring to provide comments as a part of the meeting are encouraged to either submit written comments by 3:00 p.m. prior to the meeting or to attend the meeting in person.

HOW TO PARTICIPATE
The public is invited to participate in the City Council meeting using any of the following methods:

1. IN PERSON:
a.Members of the public can provide in-person comments in the Council Chamber.

Members of the public are encouraged, but not required, to fill out a speaker card. The Council Chamber will have seating available for members of the public to attend in person up to full seating capacity.

2. REMOTE: Remote public comment will not be accepted, except when a Councilmember participates remotely pursuant to AB 2449. At the time of the posting of this agenda, none of the Councilmembers have notified the City Clerk’s Office that they intend to participate remotely pursuant to AB 2449, and therefore no remote public comment will 2 be accepted at the meeting. If, after publication of this agenda and before the meeting begins, any councilmember determines that they will need to participate remotely due to just cause or emergency circumstances under AB 2449, their remote participation will be announced at the outset of the meeting in connection with the Roll Call item. If a Councilmember participates in the meeting remotely pursuant to AB 2449, the public may participate and provide public comment remotely, as follows:
a. Zoom:
https://cityofconcord.zoom.us/j/89074786437?pwd=sX9fnQg5Z5az2z4AJpqsJpdT3CzuY A.R4uDGBiAEX9N4kUm or Zoom Webinar ID: 890 7478 6437 and Passcode: 024442. b.Zoom Phone Numbers. Dial Toll Free: (669) 900-6833 or (346) 348-7799 or (253) 215- 8782.
c.During the meeting, each period for public comment will be announced, and participants may use the “Raise Hand” feature on Zoom to request to speak. If calling in via Zoom use *9 to raise and lower your hand. The meeting host will call on you, by name, and promote you to panelist in the webinar so you can be seen via your camera. Please enable your microphone when it is your turn to speak. In order to ensure the orderly administration of the meeting using this method, providing your name is encouraged, but is not required. (If you need instructions on how to use this feature, please contact the City Clerk by 3:00 p.m. of the meeting date at [email protected]).

3. EMAIL:
a.Public comments can also be submitted via email to [email protected]. Please note that emailed comments will not be read aloud by staff. Any public comments received up until 3:00 p.m. of the meeting date will be:

1. distributed to the Council before the meeting,

2. posted online for public inspection at
https://stream.ci.concord.ca.us/OnBaseAgendaOnline/Meetings/Search, and

3. inserted into the meeting record.
b.As emails containing public meeting comments are part of the official record, note that personal contact information may be published if it is included with your email.

4. TO WATCH OR LISTEN ONLY:
a.Watch on TV on Comcast Channel 28, Astound/Wave Channels 29 and 1026, and AT&T U-verse Channel 99
b.Watch the TV broadcast through the City’s website by following THIS LINK c.Watch Live Streaming of the meeting by following THIS LINK d.Join the Zoom webinar by following THIS LINK
3 5. INTERPRETATION OR WRITTEN TRANSLATION:

OPEN SESSION

1. OPENING
Roll Call – Announcements/Consideration and Approval of Requests by Councilmembers to Participate Remotely Pursuant to AB 2449 Pledge of Allegiance – Councilmember Nakamura

2. PUBLIC COMMENT PERIOD
This is a 15-minute Public Comment Period for items within the City Council’s subject matter jurisdiction that are not on this agenda. Each speaker will be limited to approximately three minutes.

State law prohibits the City Council from acting at this meeting on any matter raised during the Public Comment Period. Please see “How to Submit Public Comments” above.

3. PRESENTATION
a. Presentation – to Victoria Briskin, Early Alert Canines, declaring September 2024, as "Service Dog Awareness Month" in the City of Concord.

Presentation by Mayor Birsan.

4. CITY COUNCIL CONSENT CALENDAR
The public is entitled to address the City Council on items appearing on the Consent Calendar before or during the City Council’s consideration of the Consent Calendar. Adoption of the Consent Calendar may be made by one motion of the City Council, provided that any Councilmember, individual or organization may request removal of an item from the Consent Calendar for separate consideration.

If a request for removal of an item from the Consent Calendar has been received, the Mayor may defer action on the particular item and place the same on the regular agenda for consideration in any order s/he deems appropriate. Please see “How to Submit Public Comments” above.

1. To access interpretation or written translation during the meeting, please scan the QR Code or click this link:

Para accesar a la traducción durante la reunion, por favor escanee el Código QR o haga clic en el enlace:
https://attend.wordly.ai/join/SYMQ-8840

2. Choose Language and Click Attend
Seleccione su lenguaje y haga clic en asistir

3. Use a headset on your phone for audio or read the transcript on your device.

Use sus auriculares para escuchar el audio o leer la transcipción en el dispositivo.
4 a. Considering – approval of the minutes from the June 25, 2024, regular meeting. Recommended by the City Clerk.
b. Considering – adoption of Ordinance No. 24-5 entitled, "An Ordinance Amending Concord Municipal Code, Title 18 (Development Code), Chapter

18.20 (General Terms), Chapter 18.30 (Residential Districts), Chapter 18.35 (North Todos Santos DIstrict), Chpater 18.40 (Office and Commercia DIstricts), Chapter 18.45 (Downtown Districts), Chapter 18.50 (Business Park and Industrial Districts), Chapter 18.55 (Public/Quasi-Public District), Chapter

18.60 (Community Land Districts), and Chapter 118.200 (Standards for Specific Uses)." Ordinance No. 22-5 was introduced on August 13, 2024, by reading of the title only and waiving further reading. Recommended by the City Clerk.

CEQA: Not a “project” under Public Resources Code 21065, CEQA Guidelines Sections 15060(c) or 15378 and in the alternative, if deemed a “project,” exempt pursuant to CEQA Guidelines Section 15061(b)(3). c. Considering – designation of Mayor Birsan as the Voting Delegate for the League of California Cities Annual Conference and Expo on October 16-18, 2024. Recommended by the City Clerk.
d. Considering – adoption of a Resolution accepting and appropriating grant funding from the California Office of Traffic Safety (OTS) in the amount of $275,000 for Select Traffic Enforcement and appropriation of funds and approval for use for the City’s Selective Traffic Enforcement Program. (Project No. 2711). Recommended by the Chief of Police.

CEQA: Exempt/not a project pursuant to Public Resources Code Section 21065, CEQA Guidelines Section 15060(c)(2), 15061(b)(3), 15273, and/or 15378 including subsection (b)(3).

5. CITY COUNCIL CONSIDERATION ITEMS
The public is entitled to address the City Council on items appearing on the agenda before or during the City Council’s consideration of that item. Each speaker will be limited to approximately three minutes. Please see “How to Submit Public Comments” above. a. Receiving – a one-year update on the implementation of Concord Municipal Code, Title 18 (Development Code), Chapter 18.152 (Objective Design Standards) and Mayor to consider and/or announce the establishment of a Council ad hoc committee to advise the City Manager and staff on the next phase of objective design standards for small lot development, until they have been adopted by Council. Report by Joan Ryan, Principal Planner.

CEQA: Project previously determined not a “project” and/or exempt as well as this update on the Objective Design Standards are not a “project” and/or 5 exempt under to Public Resources Code Section 21065, California Environmental Quality Act (CEQA) Guidelines Sections 15060(c)(2), 15378 and/or 15061(b)(3).
b. Considering – a recommendation from the Housing & Economic Development Council Committee for the City Council to direct staff to proceed with a City-initiated Concord Municipal Code amendment that would allow for vehicle and equipment rental facilities with outdoor storage in the Industrial Mixed Use (IMX) zoning district, and related issues. Report by Frank Abejo, Principal Planner.

CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(3), and/or 15378. c. Considering – revising Policy and Procedure No. 2 to define the mayoral rotation (continued from August 27, 2024). Report by Joelle Fockler, City Clerk.

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

7. REPORTS AND ANNOUNCEMENTS
Closed Session Announcements
City Manager or Staff Reports
Council Reports

8. ADJOURNMENT
Next Meeting: Regular Meeting
Date: 9/24/2024 6:30 PM

NOTICE TO THE PUBLIC
There is a 90-day limit for the filing of a challenge in the Superior Court to certain City administrative decisions and orders which require a hearing by law, the receipt of evidence, and the exercise of discretion. The 90-day limit begins on the date the decision is final (Code of Civil Procedure §1094.6). Further, if you challenge an action taken by the City Council in court, you may be limited by California law to raising only those issues you or someone else raised in the hearing or in a written correspondence delivered to the City Council prior to or at the hearing.

In accordance with the Americans with Disabilities Act and California Law, it is the policy of the City of Concord to offer its public programs, services and meetings in a manner that is readily accessible to everyone, including those with disabilities. If you are disabled and require a copy of a public hearing notice, or an agenda and/or agenda packet in an appropriate alternative 6 format; or if you require other accommodation, please contact the ADA Coordinator Tianjun Cao at (925) 671-3243 or [email protected], at least 24 hours in advance of the meeting. Advance notification within this guideline will enable the City to make reasonable arrangements to ensure accessibility.

REGULAR MEETING OF THE

CONCORD CITY COUNCIL

CITY COUNCIL CHAMBER
1950 PARKSIDE DRIVE

CONCORD, CALIFORNIA AND VARIOUS

TELEPHONIC/ELECTRONIC LOCATIONS
TUESDAY, JUNE 25, 2024
The Concord City Council met in a regular meeting in the Council Chamber, located at 1950 Parkside Drive and via various telephonic/electronic locations at 6:30 p.m. on Tuesday, June 25, 2024, with Mayor Birsan presiding. The pledge of allegiance was led by Councilmember Aliano. Minutes follow in abbreviated form per Resolution 3361 and Council Minutes of September 26, 1966.

ROLL CALL
COUNCILMEMBERS PRESENT: Dominic Aliano, Laura Hoffmeister, Laura Nakamura, Carlyn Obringer, Edi Birsan
STAFF PRESENT: Valerie Barone, City Manager; Thomas Capriola, Senior Assistant City Attorney; Justin Ezell, Assistant City Manager; Joelle Fockler, City Clerk; Greg Taylor, Director of Information Technology; Mark Bustillos, Chief of Police; Kevin Marstall, Director of Community Development; Will Tarbox, Director of Public Works; Steeve Voorhies, Director of Recreation Services; Guy Bjerke, Director of Economic Development and Base
Reuse; Carlton Thompson, City Engineer; Craig Blythe, General Services Manager; Bernard Enrile, Senior Civil Engineer; Marie Suvansin, Economic Development Manager; Leng Power,
Community Services Manager; Kit Jory, Parks Manager; Jeff Rayos, Senior Administrative Analyst; Justine Gee, Associate Civil Engineer; Deyuanne Lei, Associate Civil Engineer; Jesse Crawford, Maintenance Superintendent; Aldrich Bautista, Associate Civil Engineer; Andrea Moreira, Senior Administrative Analyst; Joan Ryan, Community Reuse Area Planner; Justin Bosch, Associate Civil Engineer; Kevin Wheat, Associate Civil Engineer

MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Randy Hopkins, Concord; Glenda Gonzalez, Tenants Council on Monument Impact; Natalie; Randolph Hopkins, Concord; Randy Hopkins, Concord; David Litty, Concord; Janette Kennedy, Loaves & Fishes of Contra Costa; Cora Mitchell, Concord; Leslie Gleason, Trinity Center; Lance Goree, Concord

PUBLIC COMMENT PERIOD
Randy Hopkins, Concord; spoke of Arkansas Governor Sarah Huckabee Sanders’ plan to eliminate taxes and shared her comment “starve the city of money and they’ll do the job they’re supposed to do.”
Glenda Gonzalez, Tenants Council at Monument Impact, introduced members of the Tenants Council at Monument Impact and spoke of their desire to learn about city processes.

Natalie spoke of the discourse over representation and identity.

4.a

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City Council Minutes June 25, 2024
2 PRESENTATIONS
Mayor Birsan took the next agenda item out of order.

PROCEEDS FROM THE MAYOR’S CUP GOLF TOURNAMENT
Mayor Birsan presented the proceeds from the Mayor’s Cup Golf Tournament held May 10, 2024, to Ana Villalobos, Concord Junior Giants, and Jamie Maddox, The First Tee Contra Cosa Youth Golf Program. Jonathan Lee, Rainbow Community Center, did not attend the meeting.

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

PORT CHICAGO NAVAL MAGAZINE NATIONAL MEMORIAL DAY – July 17, 2024 Mayor Birsan presented Yulie Padmore, Port Chicago Alliance, a proclamation declaring July 17, 2024, as “Port Chicago Naval Magazine National Memorial Day” in the City of Concord to commemorate the 80th Anniversary of the Port Chicago explosion.

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

BCUS ACQUISITIONS LLC (BROOKFIELD PROPERTIES) – Update on the Concord Community Reuse Project for the Concord Naval Weapons Station
Director of Economic Development and Base Reuse Guy Bjerke introduced Josh Roden, President/NorCal Land & Housing, Brookfield, who presented an update on the Concord Community Reuse Project for the Concord Naval Weapons Station along with Emily Boyd, Director, Business Strategies, Brookfield.

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

Randolph Hopkins, Concord, asked about the reduction in lanes on Willow Pass Road.

Natalie emphasized the importance to design around urban forestry.

Mayor Birsan closed the public comment period.

CITY COUNCIL CONSENT CALENDAR
Mayor Birsan opened a public comment period, and upon receiving no public comment, closed the public comment period.

APPROVE MINUTES – April 23, 2024
A motion was made by Aliano and seconded by Obringer to approve the minutes from the April 23, 2024, meeting. The motion passed by unanimous vote of the Council.

ACCEPT IMPROVEMENTS – Hillcrest Park Regional Green Infrastructure Project (City Project No. 2512) A motion was made by Aliano and seconded by Obringer to accept improvements for the Hillcrest Park Regional Green Infrastructure Project (City Project No. 2512) and direct the City Clerk to file a Notice of Completion. The motion passed by unanimous vote of the Council.

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City Council Minutes June 25, 2024
3 APPROVE ANNUAL LICENSE, MAINTENANCE, PURCHASE AND SUPPORT AGREEMENTS – Information Technology Systems
A motion was made by Aliano and seconded by Obringer to approve nine (9) agreements involving annual license, maintenance, purchase and support for Information Technology systems in the total not-to-exceed amount of $1,975,886 for the 2024-25 Fiscal Year; and authorize the Director of Information Technology to execute the agreements and supporting documents in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.

APPROVE TIME EXTENSIONS FOR MASTER SERVICES AGREEMENTS – Community Development A motion was made by Aliano and seconded by Obringer to approve time extensions for 12 Master Services Agreement Amendments for the Community Develoopment Department, and authorize the City Manager to execute the amendments in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.

APPROVE AGREEMENT – Naviant, Inc.

A motion was made by Aliano and seconded by Obringer to approve a Professional Services Agreement with Naviant, Inc. to upgrade services and cover the costs of one-year software licensing (Fiscal Year 2024-25) for the Citywide Enterprise Document Management System, OnBase, in an amount not-to-exceed $172,692 which includes a 5% contingency, and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.

AWARD CONSTRUCTION CONTRACT, ACCEPT IMPROVEMENTS, APPROVE BUDGET TRANSFER AND APPROPRIATION – Cowell Road Pavement Repair (Project No. 2604) A motion was made by Aliano and seconded by Obringer to approve the following for the Cowell Road Pavement Repair (Project No. 2604) located on Cowell Road from Babel Lane to Ygnacio Valley Road:

1. Award a Construction Contract in the amount of $1,436,089.67 (Measure V Financing Fund 407) to Radius Earthwork, Inc.; authorize staff to utilize the available project contingency for contract change orders that become necessary up to 10% of the contract amount; and authorize the Mayor to execute the contract in a form acceptable to the City Attorney; and

2. Authorize the City Engineer to accept the improvements upon completion of Project No. 2604 and direct the City Clerk to file a Notice of Completion; and

3. Approve a related budget transfer and appropriation of $406,000 (Measure J Fund 475) from Pavement Holding Account (Project No. 2157) to Cowell Road Pavement Maintenance (Project No. 2604).

The motion passed by unanimous vote of the Council.

APPROVE MASTER SERVICES AGREEMENT – Astound Broadband
A motion was made by Aliano and seconded by Obringer to approve a five-year Master Services Agreement for computer server room colocation, internet access, and fiber optic connectivity with Astound Broadband for a not-to-exceed amount of $206,723 per year, including a 20% contingency, and a total contract not-to-exceed amount of $1,018,615; and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.

ADOPT RESOLUTION NO. 24-42 – Updating City of Concord Records Retention Schedule and Converting Policy & Procedure No. 26, Records and Information Management, to an Administrative Directive

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City Council Minutes June 25, 2024
4 A motion was made by Aliano and seconded by Obringer to adopt Resolution No. 24-42 entitled, “A Resolution Adopting a Records Retention Schedule Update and Authorizing Destruction of Obsolete City Records.” The motion passed by unanimous vote of the Council.

ADOPT RESOLUTION NO. 24-43 – Calling for and Ordering a General Municipal Election This item was pulled from consideration on the Consent Calendar by Concord resident D’Marco Anthony who requested that election tie breakers be resolved via special election.

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

A motion was made by Aliano and seconded by Hoffmeister to adopt Resolution No. 24-43 entitled, “A Resolution Calling for and Ordering a General Municipal Election and Specifications of the Election Order for the Purpose of Electing a Total of Two Members of the City Council to Seats in Districts 2 and 4, one Member for each District, each for Full Terms of Four Years, and Requesting and Consenting to the Consolidaton of Said General Municipal Election with the General Election to be Held on November 5, 2024.” The motion passed by unanimous vote of the Council.

INCREASE PURCHASING AUTHORITY – SCP Distributors LLC dba Lincoln Water Aquatics A motion was made by Aliano and seconded by Obringer to increase purchasing authority with SCP Distributors LLC dba Lincoln Water Aquatics for water treatment supplies and pool furniture in a not- to-exceed amount of $132,000 in FY 23-24 and $105,000 in FY 24-25. The motion passed by unanimous vote of the Council.

APPROVE PROFESSIONAL SERVICES AGREEMENT – TJKM
A motion was made by Aliano and seconded by Obringer to approve a Professional Services Agreement with TJKM in the not-to-exceed amount of $741,227 for civil engineering design and related services for the Street Lighting and Safety Improvements Project [City Project No. 2695 and Federal Project No. HSIPL-5135(064)], and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.

REJECT ALL BIDS – Civic Center Moat Restoration Project – Project No. 2708 A motion was made by Aliano and seconded by Obringer to reject all bids submitted for the Civic Center Moat Restoration Project (Project No. 2708), and direct staff to re-advertise the project for bids.

The motion passed by unanimous vote of the Council.

AWARD CONSTRUCTION CONTRACT, APPROVE A PROFESSIONAL SERVICES AGREEMENT, AUTHORIZE CITY ENGINEER TO ACCEPT IMPROVEMENTS – Residental Pavement Maintenance – Phase C – Project Nos. 2606 and 2618
A motion was made by Aliano and seconded by Obringer for the following for the Residential Pavement Maintenance – Phase C (Project Nos. 2606 & 2618) located in: Zone 1G between Clayton Road and Concord Boulevard and between Heather Drive/Mt. Diablo Creek and Ayers Road, Ayers Road between Clayton Road and Myrtle Dr.; and Zones 1E & 1F between Ayers Road and Kirker Pass Road and between Myrtle Drive and Mt. Diablo Creek:

1. Award a Construction Contract in the amount $5,413,110 to Ghilotti Bros., Inc., for the Base Bid of Residential Pavement Maintenance – Phase C (Project Nos. 2606 & 2618); authorize staff to utilize the available project contingency for contract change orders that become necessary up to 10% of the contract amount; and authorize the Mayor to execute the contract in a form acceptable to the City Attorney;

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City Council Minutes June 25, 2024
5 2. Approve a Professional Services Agreement with Park Engineering in the not-to-exceed amount of $642,880.63 (base agreement of $584,436.94 plus staff authority to spend up to a 10% contingency of $58,443.69) to provide construction management, material testing, and related services; and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney; and

3. Authorize the City Engineer to accept the improvements upon completion of Residential Pavement Maintenance – Phase C (Project Nos. 2606 & 2618) and direct the City Clerk to file a Notice of Completion.

The motion passed by unanimous vote of the Council.

ACCEPT AND APPROPRIATE GRANT FUNDS – Highway Safety Improvement Program (HSIP) – Project No. 2696
A motion was made by Aliano and seconded by Obringer to accept and appropriate $249,984 Highway Safety Improvement (HSIP) grant funds from the State of California for RRFB Crosswalk Enhancements at nine locations. The motion passed by unanimous vote of the Council.

AWARD CONSTRUCTION CONTRACT, APPROVE BUDGET TRANSFER, ACCEPT IMPROVEMENTS – Residential Pavement Maintenance – Zone 2L, Project No. 2626 A motion was made by Aliano and seconded by Obringer for the following for the Residential Pavement Maintenance – Zone 2L (Project No. 2626) located between Sunset Avenue and Contra Costa Canal and between Concord Boulevard and Clayton Road:

1. Award a Construction Contract in the amount $1,955,752.10 to Ghilotti Bros., Inc., for the Base Bid and Alternative A Bid for Residential Pavement Maintenance – Zone 2L (Project No. 2626); authorize staff to utilize the available project contingency for contract change orders that become necessary up to 10% of the contract amount; and authorize the Mayor to execute the contract in a form acceptable to the City Attorney;

2. Approve a related budget transfer of $650,000 (Measure V Financing Fund 407) from Residential Pavement Maintenance – Phase C (Project No. 2606) to Residential Pavement Maintenance – Zone 2L (Project No. 2626); and

3. Authorize the City Engineer to accept the improvements upon completion of Residential Pavement Maintenance – Zone 2L (Project No. 2626) and direct the City Clerk to file a Notice of Completion.

The motion passed by unanimous vote of the Council.

ADOPT RESOLUTION NO. 24-44 – Community Development Block Grants One Year Action Plan A motion was made by Aliano and seconded by Obringer to adopt Resolution No. 24-44 entitled, “A Resolution Authorizing the City Manager to Submit, on behalf of the City of Concord, the One Year Action Plan to the U.S. Department of Housing and Urban Development Consistent with the Program Rules which Govern the Receipt and Expenditure of Community Development Block Grant Funds Allocated by the U.S. Department of Housing and Urban Development During Fiscal Year 2024/25.” The motion passed by unanimous vote of the Council.

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City Council Minutes June 25, 2024
6 APPROVE PROFESSIONAL SERVICES AGREEMENT AMENDMENT – Ron Dupratt Ford This item was pulled from consideration on the Consent Calendar by Concord resident Randolph Hopkins, who expressed his opposition to the amendment.

Mayor Birsan opened a public comment period.

Randy Hopkins, Concord, asked about preferential treatment for local businesses.

Mayor Birsan closed the public comment period.

A motion was made by Aliano and seconded by Obringer to approve an amendment to the Professional Services Agreement with Ron Dupratt Ford of Dixon for Original Equipment Manufacturer (OEM) parts and factory trained technician service to add $20,000 per year to the contract creating a new not-to-exceed amount of $100,000.00 per fiscal year for three years (Fiscal Year 2024/25/26) and a total contract not-to-exceed amount of $380,000, and authorize the City Manager to execute the amendment in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.

CITY COUNCIL CONSIDERATION ITEM
RECEIVE INFORMATION – Hope Solutions Proposal to Increase Permanent Supportive Housing in Concord
Community Services Manager Leng Power presented the report, providing background information and reviewing the Homeless Strategic Plan core strategies and funding, and explaining that the action requested by Council was to receive information. Community Services Manager Power introduced Deanne Pearn, Chief Executive Officer, Hope Solutions, who explained Hope Solutions Mission, Vision, and Values and programs and reviewed the request to expand the ACCESS Expansion program with the use of the Valley Motel in Concord. She clarified that approximately $245,000 one time capital expenses are needed for the ACCESS Expansion.

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

The following people spoke in support of the Project:

David Litty, Concord
Janette Kennedy, Loaves and Fishes of Contra Costa
Cora Mitchell
Leslie Gleason, Trinity Center
Lance Goree, Concord
Natalie
Randolph Hopkins spoke in opposition to the Project.

Mayor Birsan closed the public comment period.

Following discussion by the Council, a motion was made by Obringer and seconded by Nakamura to adopt Homeless Strategic Plan seventh strategy Permanent Supportive Motel Housing and allocate $550,000 of available American Resue Plan Act (ARPA) funds for its implementation. The motion passed by unanimous vote of the Council.

Mayor Birsan recessed the meeting at 9:18 p.m. The meeting resumed at 9:28 p.m.

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City Council Minutes June 25, 2024
7 CITY COUNCIL PUBLIC HEARINGS
ADOPT RESOLUTION NO. 24-45 – Pursuant to the Tax Equity and Fiscal Responsibility Act (TEFRA) – John Muir Health
Economic Development Manager Marie Suvansin presented the staff report, explaining that the City Council was being requested to consider approving the issuance of up to $850 million of tax-exempt bonds for the purpose of financing and refinancing capital projects at John Muir Health facilities in Concord and Walnut Creek.

Following questions from the City Council Mayor Birsan opened a public comment period, and upon receiving no public comment, closed the public comment period.

A motion was made by Aliano and seconded by Hoffmeister to adopt Resolution No. 24-45 entitled, “A Resolution Pursuant to the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA) and the Internal Revenue Code of 1986 Approving the Issuance of the California Statewide Communities Development Authority Revenue Bonds in an Aggregate Principal Amount Not to Exceed $850 Million for the Purpose of Financing and Refinancing the Acquisition, Construction, Improvement, Equipping, Renovation, Rehabilitation and Remodeling of Certain Capital Projects at Certain Health Facilities for John Muir Health and Certain Other Matters Relating Thereto.” The motion passed by unanimous vote of the Council.

ADOPT RESOLUTION NO. 24-46 – Two-Year Capital Improvement Program Capital Budget for Fiscal Years (FY) 2025 and 2026 and Five -Year Capital Improvement Plan FY 2025-2029 City Engineer Carlton Thompson introduced CIP Manager Bernard Enrile Mayor Birsan opened a public comment period, and upon receiving no public comment, closed the public comment period.

A motion was made by Nakamura and seconded by Aliano to adopt Resolution No. 24-46 entitled, “A Resolution Adopting the City of Concord’s Two-Year Capital Improvement Program Capital Budget for Fiscal Years (FY) 2025 and 2026 and Five-Year Capital Improvement Plan FY 2025-2029.” The motion passed by unanimous vote of the Council.

CORRESPONDENCE
a. Agenda Item 3.c, PowerPoint
b. Agenda Item 4.a, Benched April 23, 2024, Meeting Minutes c. Agenda Item No. 4.i, Benched Correspondence
d. Agenda Item No. 5.a, PowerPoint
e. Agenda Item No. 5.a, Benched Correspondence
f. Agenda Item No. 5.a, Benched Correspondence from Loaves and Fishes g. Agenda Item No. 5.a, Benched Correspondence received after 3 p.m. on June 25, 2024 h. Agenda Item No. 6.a, PowerPoint
i. Agenda Item No. 6.b, PowerPoint
j. Agenda Item No. 8.a, Benched Correspondence

CLOSED SESSION REPORTS
Senior Assistant City Attorney Thomas Capriola reported that the Council met in Closed Session at 5:30 p.m.on June 25, 2024, on Conference with Legal Council – Anticipated Litigation and Conference with Real Property Negotiators on area within the Concord Community Reuse Plan, and there was no reportable action.

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City Council Minutes June 25, 2024
8 COUNCIL REPORTS
Councilmembers shared information on events and activities in which they had participated since the last meeting and commented on items of interest.

Mayor Birsan announced that because his residence is within 500 feet of properties included in the framework fo the Affirmatively Furthering Fair Housing program of the 2023-2031 Housing Element, he recused himself, turned the meeting over to Vice Mayor Obringer for the next agenda item and remainder of the meeting, and left the dais.

Vice Mayor Obringer appointed Councilmembers Nakamura and Hoffmeister to an Ad Hoc Committee to advise staff on the development and framework of the Affirmatively Furthering Fair Housing program of the 2023-2031 Housing Element, as needed. The ad hoc will exist until final recommendations are made to the full Council or September 1, 2025, whichever is sooner.

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

ADJOURNMENT
By order of the Mayor, the meeting was adjourned on June 25, 2024, at 10:25 p.m.

EDI E. BIRSAN
MAYOR

JOELLE FOCKLER, MMC

CITY CLERK

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Ord. No. 24-5 1
ORDINANCE NO. 24-5

AN ORDINANCE AMENDING CONCORD MUNICIPAL CODE, TITLE
18 (DEVELOPMENT CODE), CHAPTER 18.20 (GENERAL TERMS),
CHAPTER 18.30 (RESIDENTIAL DISTRICTS), CHAPTER 18.35 (NORTH TODOS SANTOS DISTRICT), CHAPTER 18.40 (OFFICE AND
COMMERCIAL DISTRICTS), CHAPTER 18.45 (DOWNTOWN
DISTRICTS), CHAPTER 18.50 (BUSINESS PARK AND INDUSTRIAL DISTRICTS), CHAPTER 18.55 (PUBLIC/QUASI-PUBLIC DISTRICT), CHAPTER 18.60 (COMMUNITY LAND DISTRICTS), AND CHAPTER

18.200 (STANDARDS FOR SPECIFIC USES)
WHEREAS, Government Code Section 65800 et seq. provides for the amendment of any and all adopted City of Concord (“City”) zoning laws, ordinances, rules, and regulations; and WHEREAS, the State of California Legislature has found and declared the availability of housing is a statewide concern and priority; and
WHEREAS, the State of California has found that local governments have a responsibility to facilitate the development of housing for all economic segments of the community (Government Code 65580(d)); and
WHEREAS, to facilitate the development of supportive housing, low barrier navigation centers, and emergency shelters, the State of California has enacted Assembly Bills 101 (2019), 139 (2019), and 2162 (2018) to, among other things, allow low barrier navigation centers by right in areas zoned for mixed-use and nonresidential zones permitting multifamily uses, limit the objective management and development standards that a local government can establish for emergency homeless shelters, and allow supportive housing by right in zones where multifamily and mixed uses are permitted; and WHEREAS, the City has adopted and the California Department of Housing and Community Development has certified a 2023-2031 Housing Element in compliance with state law that includes goals for providing a balanced supply of housing types, densities, and prices to meet the needs of all income groups residing or who wish to reside in Concord, and promoting the expansion of housing opportunities for all groups with special housing needs; and

4.b4.b4.b4.b4.b4.b4.b4.b4.b4.b

Page 1 of 38 ends

Ord. No. 24-5 2
WHEREAS, the 2023-2031 Housing Element includes goals to facilitate housing to meet the needs of all income groups residing or who wish to reside in Concord, including those experiencing homelessness. More specifically Program 22.6 includes facilitating low barrier navigation centers, supportive housing, and emergency shelters, to promote the expansion of housing opportunities for all groups, including those with special housing needs; and WHEREAS, the City finds that the housing supply shortage for persons with special housing needs is detrimental to the public health, safety, and welfare and that it is a public purpose of the City, and a public policy of the State of California, to make an adequate supply of housing available for persons with special housing needs; and
WHEREAS, amendments are proposed to the Concord Municipal Code, Title 18 (Development Code), including amendments to Chapter 18.20 (General Terms), Chapter 18.30 (Residential Districts), Chapter 18.35 (North Todos Santos District), Chapter 18.40 (Office and Commercial Districts), Chapter

18.45 (Downtown Districts), Chapter 18.50 (Business Park and Industrial Districts), Chapter 18.55 (Public/Quasi-Public District), Chapter 18.60 (Community Land Districts), and Chapter 18.200 (Standards for Specific Uses) for consistency with state law and implementation of the 2023-2031 Housing Element Program 22.6; and
WHEREAS, the Planning Commission, after giving all public notices required by state law and the Concord Municipal Code, held a duly noticed public hearing on July 17, 2024, on the proposed amendments, received the staff report and staff presentation, received comments from the public and interested parties, and after closing the public comments portion discussed the matter (the “Planning Commission Information”); and
WHEREAS, on July 17, 2024, the Planning Commission, after consideration of all pertinent plans, documents, and testimony, declared their intent to recommend approval of the subject proposal.; and
WHEREAS, following the July 17, 2024 public hearing, the Planning Commission adopted

Page 2 of 38 ends

Ord. No. 24-5 3
Resolution No. 24-10 PC recommending City Council approval of an Ordinance amending Concord Municipal Code, Title 18 (Development Code), Chapter 18.20 (General Terms), Chapter 18.30 (Residential Districts), Chapter 18.35 (North Todos Santos District), Chapter 18.40 (Office and Commercial Districts), Chapter 18.45 (Downtown Districts), Chapter 18.50 (Business and Industrial Districts), Chapter 18.55 (Public/Quasi-Public District), Chapter 18.60 (Community Land Districts), and Chapter 18.200 (Standards for Specific Uses), as contained in Exhibits A, B, C, D, E, F, G, H, and I, respectively; and
WHEREAS, the City Council, after giving all public notices required by state law and the Municipal Code, held a duly noticed public hearing on August 13, 2024, to consider this Ordinance; and
WHEREAS, at such public hearing, the City Council considered all oral and written information, testimony, and comments and at the public hearing, the oral report from City staff, the written report from City staff dated August 13, 2024, attached materials, exhibits presented, the Planning Commission Information, and all other information that constitutes the record of proceedings relating to the proposed Ordinance, which are maintained at the offices of the City of Concord City Clerk (collectively, “City Council Information”), 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. The City Council has reviewed, considered, and evaluated all of the Planning Commission Information, City Council Information, all other pertinent plans, documents, and testimony prior to acting upon Ordinance.

Section 3. The documents and other materials that constitute the record of proceedings upon

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Ord. No. 24-5 4
which the City Council has based its decision are located in an may be obtained from the City of Concord Clerk’s Office, 1950 Parkside Drive, Concord, CA 94519.

Section 4. CEQA
The City Council finds that the proposed Municipal Code amendments are exempt from CEQA pursuant to Public Resources Code 21065 and CEQA Guidelines Section 15060(c)(2) or 15378 in that they do not constitute a “project” as defined by CEQA since they do not have the potential to result in either a direct physical change to the environment or a reasonably foreseeable indirect physical change to the environment.

If the Ordinance did constitute a “project” under CEQA, the Ordinance falls within the “common sense” exemption set forth in 14 Cal. Code Regs. Section 15061(b)(3), excluding project 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…” Therefore, the proposed Municipal Code amendments do not warrant further environmental review. This determination reflects the City’s independent judgement and analysis.

Section 5. Development Code Amendment Findings
1) The proposed amendment is consistent with the general plan.

The proposed amendments consist of updates to chapters within the Development Code in order to implement state law and the 2023–2031 Housing Element and are in conformance with the General Plan by promoting the expansion of housing opportunities for all groups with special housing needs, such as supportive housing, emergency shelters, and low- barrier navigation centers. The proposed amendments are also internally consistent with all other provisions and elements of the General Plan.
2) The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the city.

To further assist California’s unhoused population, the State has adopted laws to accelerate

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Ord. No. 24-5 5
development for emergency shelters, supportive housing, and low-barrier navigation centers. The proposed amendments would implement state law in addition to the 2023-2031 Housing Element. The proposed amendments would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. On the contrary, the proposed amendments will serve the City’s public interest by facilitating and streamlining the review of special needs housing projects that will assist the City of Concord’s unhoused population. In the event the City has discretion on projects facilitated by the proposed amendments, the City will evaluate the projects against applicable policies to ensure they will not be detrimental to the public interest, health, safety, or welfare of the city. 3) Zoning map amendments shall also find that the affected site is physically suitable, including absence of physical constraints, access, compatibility with adjoining land uses, and provision of utilities, for the requested zoning designation and proposed or anticipated uses and/or development.

These amendments do not include any amendments to the zoning map.

Section 6. The City Council does hereby pass and adopt this Ordinance No. 24-XX.

Section 7. Municipal Code, Title 18 (Development Code), Chapter 18.20 (General Terms), Chapter 18.30 (Residential Districts), Chapter 18.35 (North Todos Santos District), Chapter 18.40 (Office and Commercial Districts), Chapter 18.45 (Downtown Districts), Chapter 18.50 (Business and Industrial Districts), Chapter 18.55 (Public/Quasi-Public District), Chapter 18.60 (Community Land Districts), and Chapter 18.200 (Standards for Specific Uses) are hereby amended, as set forth in Exhibits A, B, C, D ,E ,F, G, H and I, respectively and attached here to and made a part hereof.

Section 8. This Ordinance No. 24-5 shall become effective thirty (30) days following its 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,

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Ord. No. 24-5 6
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 East Bay Times, a newspaper of general circulation in the City of Concord. __________________________________
Edi E. Birsan
Mayor
ATTEST:

Joelle Fockler, MMC
City Clerk
(Seal)
Ordinance No. 24-5 was duly and regularly introduced at a regular meeting of the City Council of the City of Concord held on August 13, 2024, and was thereafter duly and regularly passed and adopted at a regular meeting of the City Council of the City of Concord on September 10, 2024, 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

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7 Ord. No. 24-5 7
Attachments:

Exhibit A: CMC Chapter 18.20 (General Terms)
Exhibit B: CMC Chapter 18.30 (Residential Districts)
Exhibit C: CMC Chapter 18.35 (North Todos Santos District) Exhibit D: CMC Chapter 18.40 (Office and Commercial Districts) Exhibit E: CMC Chapter 18.45 (Downtown Districts)
Exhibit F: CMC Chapter 18.50 (Business and Industrial Districts) Exhibit G: CMC Chapter 18.55 (Public/Quasi-Public District) Exhibit H: CMC Chapter 18.60 (Community Land Districts) Exhibit I: CMC Chapter 18.200 (Standards for Specific Uses)

Page 7 of 38 ends

Chapter 18.20

GENERAL TERMS
Sections:

Article I. Use Classifications

18.20.010 Purpose and applicability.

18.20.020 Use classifications.

Article II. Definitions

18.20.030 Definitions.

Article I. Use Classifications

18.20.020 Use classifications.

Emergency, Homeless Shelter.

For the purposes of this section, an “eEmergency shelter” or “homeless shelter” has shall have the same meaning as defined in Section 50801 of the California State Health and Safety Code. (“(e) “Emergency shelters” means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person.”) This includes, but is not limited to, facilities that provide temporary housing, meals, showers, and other related services to persons who are homeless and where on-site supervision is provided whenever the shelter is occupied, operated by a public or nonprofit agency. Specialized programs and services related to the needs of the residents may also be provided. This classification shall include other interim interventions, including, but not limited to, low barrier navigation centers as defined below, bridge housing, and respite or recuperative care, provided that the maximum length of stay and services for such interventions shall be determined by the project’s funding source. This classification does not include emergency shelters set up for disaster relief which are allowed in any zoning district or group homes that provide accommodations for a longer term. (See “Group housing” under “Residential Facility.”) “Low Barrier Navigation Center” has the same meaning as defined in Government Code Section 65660. “Supportive housing” shall have the same meaning as defined in Sections 50675.2 and 50675.14 of the California Health and Safety Code [for projects receiving applicable State funding] or Section 65582 of the California Government Code. means housing with no limit on length of stay, that is occupied by the target population, and that is linked to an on-site or off-site service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.

A. Single-Family. Supportive housing established within a detached or attached building located on an individual lot that is primarily designed for occupancy by one family.

B. Multifamily. Supportive housing established within a structure containing more than one dwelling unit sharing common walls or otherwise attached, including triplexes, fourplexes, flats, townhomes with vertically stacked units, garden apartments, condominiums, cooperatives, and apartments. Units may be entered from the exterior, or from a courtyard or interior hallway.

Article II. Definitions

18.20.030 Definitions.
“Emergency shelter” means as defined by California Health and Safety Code Section 50801(e). “Emergency shelter” is housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person.
“Supportive Services” shall have the same meaning as defined in Section 65582 of the California Government Code.

Exhibit A

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Concord Municipal Code
Chapter 18.20 GENERAL TERMS

Page 2 ends

The Concord Municipal Code is current through Ordinance 23-6, passed September 12, 2023. “Target population” shall have the same meaning as defined in Section 50675.14 of the California Health and Safety Code [for projects receiving applicable State funding] or Section 65582 of the California Government Code. means persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.

Page 9 of 38 ends

18.30.020 Table 18.30.020 – Residential districts – Allowed uses and permit requirements.

Table 18.30.020 identifies the uses allowed by the development code in each residential zoning district and the type of permit required to establish each use. See CDC 18.25.030(B) or Division VII of this title (Permits and Permit Procedures). Additional requirements may apply pursuant to Division IV (Development Standards) and Division V (Standards for Specific Uses) of this title.

Table 18.30.020
Residential Districts
Allowed Uses and Permit Requirements
ZC = Permitted Use, Zoning Clearance
AP = Administrative Permit Required
MP = Minor Use Permit Required
UP = Use Permit Required
6409 = Section 6409 Application
– = Use Not Allowed
Permit Required by District
Land Use Classifications

RR RS RL RM RH
Additional Requirements
Residential Uses
Bed and Breakfast Inn UP UP UP UP UP
Dwelling, Dwelling Units, Housing Units
Single-Family, Detached ZC ZC ZC – –
Single-Family, Detached
– Small Lot Subdivision
– UP UP UP –
Single-Family, Attached – UP ZC ZC ZC
Duplex – – AP ZC –
Multifamily – – – ZC ZC
Family Day Care Home, Small ZC ZC ZC ZC ZC CDC 18.200.050, Child day care facilities
Family Day Care Home, Large AP MP AP AP AP CDC 18.200.050, Child day care facilities
Group Housing – – – UP UP
Home-Based Business AP AP AP AP AP CDC 18.200.100, Home-based businesses
Live/Work Unit – – UP UP UP CDC 18.200.110, Live/work or work/live units
Mixed-Use Project – – – – –
Mobile Home Park – – – UP UP
Residential Care Facility,
Small

ZC ZC ZC ZC ZC
Residential Care Facility,
Large

AP UP AP MP MP
Residential Facility for
Seniors, Assisted Living
– UP UP MP MP
Supportive Housing,
Multifamily
– – – ZC,UP(1) ZC,UP(1) Government Code Section 65650 et seq.

Supportive Housing, Single-
Family

ZC ZC ZC ZC ZC
Transitional Housing,
Multifamily
– – – ZC ZC
Exhibit B

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Concord Municipal Code Page 2/4
The Concord Municipal Code is current through Ordinance 23-6, passed September 12, 2023.

Table 18.30.020
Residential Districts
Allowed Uses and Permit Requirements
ZC = Permitted Use, Zoning Clearance
AP = Administrative Permit Required
MP = Minor Use Permit Required
UP = Use Permit Required
6409 = Section 6409 Application
– = Use Not Allowed
Land Use Classifications
Permit Required by District
Additional Requirements

RR RS RL RM RH
Transitional Housing, Single-
Family

ZC ZC ZC ZC ZC
Work/Live Unit – – – – – CDC 18.200.110, Live/work or
work/live units

Public/Quasi-Public and Recreational Uses
Airport – – – – –
Ambulance Service – – – – –
Cannabis Uses
Commercial Cultivation – – – – –
Distribution (Type 11) – – – – –
Distribution Transport
Only (Type 13)
– – – – –
Indoor Personal Cannabis
Cultivation
ZC ZC ZC ZC ZC Up to six plants per residence, pursuant to state law
Industrial Hemp
Cultivation
– – – – –
Manufacturing – – – – –
Microbusiness – – – – –
Non-Storefront Retail – – – – –
Storefront Retail – – – – –
Testing Laboratory – – – – –
Cemetery, Columbarium,
Mausoleum
– – – – –
Conference, Convention
Facility
– – – – –
Cultural Institution – – – – UP
Emergency, Homeless Shelter – – – – – CDC 18.200.070, Emergency and homeless shelters
Low-Barrier Navigation
Center
– – – – – Government Code Section 65660 et
seq.

Farmers’ Market – – – – –
Funeral Parlor, Mortuary – – – – –
Government Office ZC
Heliport – – – – –

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Concord Municipal Code Page 3/4
The Concord Municipal Code is current through Ordinance 23-6, passed September 12, 2023.

Table 18.30.020
Residential Districts
Allowed Uses and Permit Requirements
ZC = Permitted Use, Zoning Clearance
AP = Administrative Permit Required
MP = Minor Use Permit Required
UP = Use Permit Required
6409 = Section 6409 Application
– = Use Not Allowed
Land Use Classifications
Permit Required by District
Additional Requirements

RR RS RL RM RH
Library – – – – UP
Medical
Hospital, Medical Center – – – – –
Medical Services Facility – – – – –
Nursing
Facility/Extended Care
– – – UP MP
Urgent Care Facility – – – – –
Meeting Facility,
Public/Private

UP UP UP UP UP
Military – – – – –
Parking Facility – – – – MP
Public Maintenance and
Service Facility
– – – – –
Recreational Facilities
Bingo Hall – – – – –
Commercial Recreation,
Indoor
– – – – –
Golf Course, Country
Club
UP UP UP UP – CDC 18.200.130, Mechanical and
electronic games
Park and Recreation
Facility

ZC ZC ZC ZC ZC
Residential Recreation
Facility

ZC ZC ZC ZC ZC
Sports and Entertainment,
Assembly
– – – – – CDC 18.200.080, Entertainment uses
Sports and Recreation
Facility
– – – – – CDC 18.200.130, Mechanical and
electronic games
Recycling Facilities
Small Collection Facility – – – – – CDC 18.200.170 (Recycling facilities) Large Collection Facility – – – – – CDC 18.200.170 (Recycling facilities) Processing Facility – – – – – CDC 18.200.170 (Recycling facilities) Religious Facility UP UP UP UP UP
Schools
Elementary, Middle,
Secondary

UP UP UP UP UP
College, University – – – – –

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Concord Municipal Code Page 4/4
The Concord Municipal Code is current through Ordinance 23-6, passed September 12, 2023.

Table 18.30.020
Residential Districts
Allowed Uses and Permit Requirements
ZC = Permitted Use, Zoning Clearance
AP = Administrative Permit Required
MP = Minor Use Permit Required
UP = Use Permit Required
6409 = Section 6409 Application
– = Use Not Allowed
Land Use Classifications
Permit Required by District
Additional Requirements

RR RS RL RM RH
Trade School, Vocational
Training
– – – – –
Social Services Facility – – – – –
Theater, Auditorium – – – – – CDC 18.200.130, Mechanical and electronic games
Utility Facility, Transmission
Towers

UP UP UP UP UP
Wireless Communications
Facility
AP, MP or
6409
AP, MP or
6409
AP, MP or
6409
AP, MP or
6409
AP, MP or
6409
Chapters 18.205 and 18.207 CDC
(1) Use Permit required for any facility that does not meet the requirements outlined in the applicable Government Code sections.

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18.35.020 Table 18.35.020 – North Todos Santos district – Allowed uses and permit requirements.

A. Applicability. Table 18.35.020 identifies the uses allowed in the NTS zoning district and the type of permit required to establish each use. See CDC 18.25.030(B) or Division VII of this title (Permits and Permit Procedures).

Additional requirements may apply pursuant to Division IV (Development Standards) and Division V (Standards for Specific Uses) of this title.

Supportive Housing, Single-Family ZC
Transitional Housing, Multifamily MP, UP
Transitional Housing, Single-Family ZC
Work/Live Unit AP CDC 18.200.110, Live/work or
work/live units

Exhibit C

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Concord Municipal Code Page 2/3
The Concord Municipal Code is current through Ordinance 23-6, passed September 12, 2023.

Farmers’ Market –
Funeral Parlor, Mortuary –
Government Office MP
Heliport –
Library –
Medical
Hospital, Medical Center –
Medical Services Facility AP, MP(2)
Nursing Facility/Extended Care UP

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Concord Municipal Code Page 3/3
The Concord Municipal Code is current through Ordinance 23-6, passed September 12, 2023.

Table 18.35.020
North Todos Santos District
Allowed Uses and Permit Requirements
ZC = Permitted Use, Zoning Clearance Required
AP = Administrative Permit Required
MP = Minor Use Permit Required
UP = Use Permit Required
6409 = Section 6409 Application
– = Use Not Allowed
Land Use Classifications Permit Required by District Additional Requirements Urgent Care Facility –
Meeting Facility, Public/Private –
Military –
Parking Facility –
Public Maintenance and Service Facility –
Recreational Facilities
Bingo Hall –
Commercial Recreation, Indoor –
Golf Course, Country Club – CDC 18.200.130, Mechanical and electronic games
Park and Recreation Facility ZC
Residential Recreation Facility UP
Sports and Entertainment, Assembly – CDC 18.200.080, Entertainment uses Sports and Recreation Facility – CDC 18.200.130, Mechanical and electronic games
Recycling Facilities
Small Collection Facility – CDC 18.200.170, Recycling facilities Large Collection Facility – CDC 18.200.170, Recycling facilities Processing Facility – CDC 18.200.170, Recycling facilities Religious Facility UP
Schools
Elementary, Middle, Secondary UP
College, University –
Trade School, Vocational Training –
Social Services Facility –
Theater, Auditorium – CDC 18.200.130, Mechanical and
electronic games
Utility Facility, Transmission Towers –
Wireless Communications Facility AP, MP or 6409 Chapters 18.205 and 18.207 CDC (1) Repealed by Ord. 21-2.
(2) Minor use permit required for the conversion of an existing residence to office space. (3) Use Permit required for any facility that does not meet the requirements set forth in the referenced article of the Government Code.

Page 16 of 38 ends

18.40.020 Table 18.40.020 – Office and commercial districts – Allowed uses and permit requirements.

A. Applicability. Table 18.40.020 identifies the uses allowed by the development code in each office and commercial zoning district and the type of permit required to establish each use. See CDC 18.25.030(B) or Division VII of this title (Permits and Permit Procedures). Additional requirements may apply pursuant to Division IV (Development Standards) and Division V (Standards for Specific Uses) of this title.

Table 18.40.020
Office and Commercial Districts
Allowed Uses and Permit Requirements
ZC = Permitted Use, Zoning Clearance
AP = Administrative Permit Required
MP = Minor Use Permit Required
UP = Use Permit Required
6409 = Section 6409 Application
– = Use Not Allowed
Permit Required by District
Land Use Classifications

CO CMX NC SC RC
Additional Requirements
Public/Quasi-Public and Recreational Uses
Airport – – – – –
Ambulance Service – UP – AP –
Cannabis Uses
Commercial Cultivation – – – – –
Distribution (Type 11) – – – – –
Distribution Transport
Only (Type 13)
– – – – –
Indoor Personal Cannabis
Cultivation
ZC ZC ZC ZC ZC Up to six plants per residence, pursuant to state law
Industrial Hemp
Cultivation
– – – – –
Manufacturing – – – – –
Microbusiness – – – – –
Non-Storefront Retail – – – – –
Storefront Retail – – – – –
Testing Laboratory – – – – –
Cemetery, Columbarium,
Mausoleum
– – – – –
Conference, Convention
Facility
UP – – – UP
Cultural Institution – UP UP UP UP
Emergency and Homeless
Shelter
– – – – – CDC 18.200.070, Emergency and
homeless shelters
Low-Barrier Navigation Center ZC, UP(7) ZC, UP(7) ZC, UP(7) - - Government Code Section 65660 et seq.

Farmers’ Market – – UP UP UP
Funeral Parlor, Mortuary – – UP UP UP
Government Office ZC ZC ZC ZC ZC
Heliport – – – – –
Exhibit D

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Concord Municipal Code Page 2/4
The Concord Municipal Code is current through Ordinance 23-6, passed September 12, 2023.

Table 18.40.020
Office and Commercial Districts
Allowed Uses and Permit Requirements
ZC = Permitted Use, Zoning Clearance
AP = Administrative Permit Required
MP = Minor Use Permit Required
UP = Use Permit Required
6409 = Section 6409 Application
– = Use Not Allowed
Land Use Classifications
Permit Required by District
Additional Requirements

CO CMX NC SC RC
Library ZC ZC(2) ZC(2) ZC(2) ZC
Medical
Hospital, Medical Center – – – – –
Medical Services Facility AP – AP(2) AP(2) –
Nursing
Facility/Extended Care
– UP UP UP –
Urgent Care Facility AP AP(4) AP(2) AP AP
Meeting Facility,
Public/Private

UP UP UP UP UP
Military – – – – –
Parking Facility AP – AP AP AP
Public Maintenance and
Service Facility
– – – AP –
Recreational Facilities
Bingo Hall – – – – UP
Commercial Recreation,
Indoor
– AP(4) AP UP ZC
Golf Course, Country
Club
– – – – – CDC 18.200.130, Mechanical and
electronic games
Park and Recreation
Facility
– – – – –
Residential Recreation
Facility
– AP(5) – – –
Sports and Entertainment,
Assembly
– – UP – UP CDC 18.200.080, Entertainment uses
Sports and Recreation
Facility
– – UP – UP CDC 18.200.130, Mechanical and
electronic games
Recycling Facilities
Small Collection Facility – – AP AP AP CDC 18.200.170, Recycling facilities Large Collection Facility – – – UP – CDC 18.200.170, Recycling facilities Processing Facility – – – – – CDC 18.200.170, Recycling facilities Religious Facility UP UP UP – –
Schools
Elementary, Middle,
Secondary
– MP – – –
College, University – MP – – –

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Concord Municipal Code Page 3/4
The Concord Municipal Code is current through Ordinance 23-6, passed September 12, 2023.

Table 18.40.020
Office and Commercial Districts
Allowed Uses and Permit Requirements
ZC = Permitted Use, Zoning Clearance
AP = Administrative Permit Required
MP = Minor Use Permit Required
UP = Use Permit Required
6409 = Section 6409 Application
– = Use Not Allowed
Land Use Classifications
Permit Required by District
Additional Requirements

CO CMX NC SC RC
Trade School, Vocational
Training

AP AP AP AP AP
Social Services Facility UP UP UP UP –
Theater, Auditorium – UP UP – UP CDC 18.200.130, Mechanical and electronic games
Utility Facility, Transmission
Towers
– – ZC ZC ZC
Wireless Communications
Facility
AP, MP or
6409
AP, MP or
6409
AP, MP or
6409
AP, MP or
6409
AP, MP or
6409
Chapters 18.205 and 18.207 CDC
Residential Uses
Bed and Breakfast Inn – UP – – –
Dwelling, Dwelling Unit, Housing Unit
Single-Family, Detached ZC – – – –
Single-Family, Detached
– Small Lot Subdivision
UP UP – – –
Single-Family, Attached ZC ZC – – –
Duplex ZC ZC – – –
Multifamily UP UP UP(1) – –
Family Day Care Home, Small ZC(5) ZC(5) – – – CDC 18.200.050, Child day care facilities
Family Day Care Home, Large MP(5) MP – – – CDC 18.200.050, Child day care facilities
Group Housing UP UP – – –
Home-Based Business – ZC(5) ZC(2) – – CDC 18.200.100, Home-based businesses
Live/Work Unit – ZC(5) – – – CDC 18.200.110, Live/work or work/live units
Mixed-Use Projects UP AP UP – –
Mobile Home Park – – – – –
Residential Care Facility,
Small
ZC(5) ZC(5) – – –
Residential Care Facility,
Large
– MP – – –
Residential Facility for
Seniors, Assisted Living
– UP UP – –
Supportive Housing,
Multifamily
ZC, UP(7) ZC, UP(7) ZC(1), UP(7) – – Government Code Section 65650 et seq.

Supportive Housing, Single-
Family
ZC ZC – – –

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The Concord Municipal Code is current through Ordinance 23-6, passed September 12, 2023.

Table 18.40.020
Office and Commercial Districts
Allowed Uses and Permit Requirements
ZC = Permitted Use, Zoning Clearance
AP = Administrative Permit Required
MP = Minor Use Permit Required
UP = Use Permit Required
6409 = Section 6409 Application
– = Use Not Allowed
Land Use Classifications
Permit Required by District
Additional Requirements

CO CMX NC SC RC
Transitional Housing,
Multifamily
UP UP UP(1) – –
Transitional Housing, Single-
Family
ZC ZC – – –
Work/Live Unit – – – AP – CDC 18.200.110, Live/work or work/live units
(1) Not allowed on ground floor.
(2) Allowed to occupy up to 20 percent gross area of shopping center or multi-tenant building or 20 percent street frontage of one building. (3) No outdoor facilities, storage, or activities are allowed. (4) Requires a minimum lot size of 10,000 square feet. (5) Allowed with residential use only.
(6) A facility which exceeds 3,000 square feet.
(7) Use Permit required for any facility that does not meet the requirements set forth in the referenced article of the Government Code. [Ord. 21-2 § 5 (Exh. E); Ord. 20-4 (Exh. B); Ord. 19-5 § 1 (Exh. D); Ord. 18-3 § 7 (Exh. A); Ord. 17-13 § 3 (Exh. A); Ord. 17-11 § 3 (Exh. 8); Ord. 17-5 § 2 (Exh. I); Ord. 17-2 § 2 (Exh. F); Ord. 15-8 § 3 (Exh. B); Ord. 14-6 §§ 3, 4; Ord. 13-5; Ord. 12-5; Ord. 12-4. DC 2012 § 122-131].

Page 20 of 38 ends

18.45.020 Table 18.45.020 – Downtown districts – Allowed uses and permit requirements.

A. Applicability. Table 18.45.020 identifies the uses allowed by the development code in each downtown zoning district and the type of permit required to establish each use. See CDC 18.25.030(B) or Division VII of this title (Permits and Permit Procedures). Additional requirements may apply pursuant to Division IV (Development Standards) and Division V (Standards for Specific Uses) of this title.

Table 18.45.020
Downtown Districts
Allowed Uses and Permit Requirements
ZC = Permitted Use, Zoning Clearance
AP = Administrative Permit Required
MP = Minor Use Permit Required
UP = Use Permit Required
6409 = Section 6409 Application
– = Use Not Allowed
Permit Required by District
Land Use Classifications

DP DMX WMX
Additional Requirements
Residential Uses
Bed and Breakfast Inn AP AP –
Dwelling, Dwelling Unit, Housing Unit
Single-Family, Detached – – –
Single-Family, Detached
– Small Lot Subdivision
– – –
Single-Family, Attached – – –
Duplex – – –
Multifamily UP UP –
Family Day Care Home, Small – – – CDC 18.200.050, Child day care facilities Family Day Care Home, Large – – – CDC 18.200.050, Child day care facilities Group Housing – UP –
Home-Based Business ZC(6) ZC(6) – CDC 18.200.100, Home-based businesses Live/Work Unit UP(1) UP – CDC 18.200.110, Live/work or work/live units Mixed-Use Projects UP UP –-
Mobile Home Park – – –
Residential Care Facility,
Small
– ZC – Allowed within a legally existing single-family
residence.

Residential Care Facility,
Large
– UP – Allowed within a legally existing single-family
residence.

Residential Facility for
Seniors, Assisted Living
UP(6) UP –
Supportive Housing,
Multifamily
ZC, UP(10) ZC, UP(10) ZC, UP(10) Government Code Section 65650 et seq.

Supportive Housing, Single-
Family
– – –
Transitional Housing,
Multifamily
UP UP –
Transitional Housing, Single-
Family
– – –
Exhibit E

Page 21 of 38 ends

Concord Municipal Code Page 2/4
The Concord Municipal Code is current through Ordinance 23-6, passed September 12, 2023.

Table 18.45.020
Downtown Districts
Allowed Uses and Permit Requirements
ZC = Permitted Use, Zoning Clearance
AP = Administrative Permit Required
MP = Minor Use Permit Required
UP = Use Permit Required
6409 = Section 6409 Application
– = Use Not Allowed
Land Use Classifications
Permit Required by District
Additional Requirements

DP DMX WMX
Work/Live Unit UP(1) UP – CDC 18.200.110, Live/work or work/live units

Public/Quasi-Public and Recreational Uses
Airport – – –
Ambulance Service – – –
Cannabis Uses
Commercial Cultivation – – –
Distribution (Type 11) – – –
Distribution Transport
Only (Type 13)
– AP AP Only allowed if a city cannabis distributor
transport only (Type 13) license has been
approved by the chief of police, pursuant to
Chapter 5.80 CMC in conjunction with a city
cannabis storefront retailer license.

Indoor Personal Cannabis
Cultivation
ZC ZC ZC Up to six plants per residence, pursuant to state law
Industrial Hemp
Cultivation

Manufacturing – – –
Microbusiness – – –
Non-Storefront Retail – – –
Storefront Retail – AP AP Only allowed if a city cannabis storefront retailer license has been issued by the city,
pursuant to Chapter 5.80 CMC.

Testing Laboratory – – –
Cemetery, Columbarium,
Mausoleum
– – –
Conference, Convention
Facility
– UP UP
Cultural Institution ZC ZC MP
Emergency and Homeless
Shelter
– – – CDC 18.200.070, Emergency and homeless
shelters
Low-Barrier Navigation
Center
ZC, UP(10) ZC, UP(10) ZC, UP(10) Government Code Section 65660 et seq.

Government Office ZC(8) ZC ZC
Farmers’ Market UP UP UP
Funeral Parlor, Mortuary – – UP
Heliport – – –

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Concord Municipal Code Page 3/4
The Concord Municipal Code is current through Ordinance 23-6, passed September 12, 2023.

Table 18.45.020
Downtown Districts
Allowed Uses and Permit Requirements
ZC = Permitted Use, Zoning Clearance
AP = Administrative Permit Required
MP = Minor Use Permit Required
UP = Use Permit Required
6409 = Section 6409 Application
– = Use Not Allowed
Land Use Classifications
Permit Required by District
Additional Requirements

DP DMX WMX
Library ZC(1) ZC ZC
Medical
Hospital, Medical Center – – –
Medical Services Facility – UP AP
Nursing
Facility/Extended Care
– UP –
Urgent Care Facility – – AP
Meeting Facility,
Public/Private
AP(1) AP AP
Military – – –
Parking Facility – AP AP
Public Maintenance and
Service Facility
– – –
Recreational Facilities
Bingo Hall – – UP
Commercial Recreation,
Indoor

AP AP AP
Golf Course, Country
Club
– – – CDC 18.200.130, Mechanical and electronic
games
Park and Recreation
Facility

ZC ZC ZC
Residential Recreation Facility – – –
Sports and Entertainment,
Assembly
– – – CDC 18.200.080, Entertainment uses
Sports and Recreation
Facility
– – UP CDC 18.200.130, Mechanical and electronic
games
Recycling Facilities
Small Collection Facility – – AP
Large Collection Facility – – –
Processing Facility – – –
CDC 18.200.170, Recycling facilities
Religious Facility – – UP
Schools
Elementary, Middle,
Secondary
UP(1, 9) UP UP
College, University AP(1, 9) AP AP

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Concord Municipal Code Page 4/4
The Concord Municipal Code is current through Ordinance 23-6, passed September 12, 2023.

Table 18.45.020
Downtown Districts
Allowed Uses and Permit Requirements
ZC = Permitted Use, Zoning Clearance
AP = Administrative Permit Required
MP = Minor Use Permit Required
UP = Use Permit Required
6409 = Section 6409 Application
– = Use Not Allowed
Land Use Classifications
Permit Required by District
Additional Requirements

DP DMX WMX
Trade School, Vocational
Training
AP(1, 9) AP AP
Social Services Facility UP(1, 2) MP/AP(4, 5) AP
Theater, Auditorium UP UP UP CDC 18.200.130, Mechanical and electronic games
Utility Facility, Transmission
Towers
– – –
Wireless Communications
Facility
AP, MP or 6409 AP, MP or 6409 AP, MP or 6409 Chapters 18.205 and 18.207 CDC (1) Not allowed on ground floor.
(2) Allowed on upper floors subject to use permit approval. (3) “Personal Services, General” and “Bank, Credit Union” uses located on the ground floor shall not cumulatively occupy more than 20 percent of any street frontage properties directly facing Todos Santos Plaza. (4) Allowed on ground floor subject to a minor use permit approval. (5) Allowed on upper floors subject to an administrative permit approval. (6) Allowed with residential use only.
(7) A facility which exceeds 3,000 square feet.
(8) Not allowed on ground floor locations directly facing Todos Santos Plaza. (9) Not allowed on properties directly facing Todos Santos Plaza. (10) Use Permit required for any facility that does not meet the requirements set forth in the referenced article of the Government Code. [Ord. 21-5 (Exh. C); Ord. 21-3 § 8 (Exh. A); Ord. 21-2 § 5 (Exh. F); Ord. 20-4 (Exh. B); Ord. 19-5 § 1 (Exh. E); Ord. 18-3 § 7 (Exh. A); Ord. 17- 13 § 3 (Exh. A); Ord. 17-11 § 3 (Exh. 6); Ord. 17-5 § 2 (Exh. I); Ord. 17-2 § 2 (Exh. G); Ord. 14-6 §§ 5, 6; Ord. 14-3 § 2; Ord. 12-5; Ord. 12-4.

DC 2012 § 122-154].

Page 24 of 38 ends

18.50.020 Table 18.50.020 – Business park and industrial districts – Allowed uses and permit requirements.

A. Applicability. Table 18.50.020 identifies the uses allowed by the development code in each business park and industrial district and the type of permit required to establish each use. See CDC 18.25.030(B) or Division VII of this title (Permits and Permit Procedures). Additional requirements may apply pursuant to Division IV (Development Standards) and Division V (Standards for Specific Uses) of this title.

Residential Uses
Bed and Breakfast Inn – – – –
Dwelling, Dwelling Unit, Housing Unit
Single-Family, Detached – – – –
Single-Family, Detached
– Small Lot Subdivision
– – – –
Single-Family, Attached – – – –
Duplex – – – –
Multifamily – – – –
Family Day Care Home, Small – – ZC(5) – CDC 18.200.050, Child day care facilities
Family Day Care Home, Large – – MP(5) – CDC 18.200.050, Child day care facilities
Group Housing – ZC ZC –
Home-Based Business – – ZC(5) – CDC 18.200.100, Home-based businesses
Live/Work Unit – – MP – CDC 18.200.110, Live/work or
work/live units
Mixed-Use Projects – – UP –
Mobile Home Park – – – –
Residential Care Facility,
Small
– – – –
Residential Care Facility,
Large
– – – –
Residential Facility for
Seniors, Assisted Living
– – – –
Supportive Housing,
Multifamily
– – – – Government Code Section 65650 et
seq.

Supportive Housing, Single-
Family
– – – –
Transitional Housing,
Multifamily
– – – –
Exhibit F

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Concord Municipal Code Page 2/4
The Concord Municipal Code is current through Ordinance 23-6, passed September 12, 2023.

18.110 CDC) and if a city cannabis
distributor (Type 11) license has been
approved by the chief of police,
pursuant to Chapter 5.80 CMC.

Distribution Transport
Only (Type 13)
AP AP – – Only allowed in the commercial
cannabis overlay district (see Chapter

18.110 CDC) and if a city cannabis
distributor transport only (Type 13)
license has been approved by the chief
of police in conjunction with a primary
license, pursuant to Chapter 5.80
CMC.

18.110 CDC) and if a city cannabis
manufacturer license has been
approved by the chief of police,
pursuant to Chapter 5.80 CMC.

Microbusiness AP AP – – Only allowed in the commercial
cannabis overlay district (see Chapter

18.110 CDC) and if a city cannabis
microbusiness license has been
approved by the chief of police or city,
pursuant to Chapter 5.80 CMC.

Non-Storefront Retail AP AP – – Only allowed if a city cannabis non- storefront retailer license has been
approved by the city, pursuant to
Chapter 5.80 CMC.

Storefront retail – – – –

Page 26 of 38 ends

Concord Municipal Code Page 3/4
The Concord Municipal Code is current through Ordinance 23-6, passed September 12, 2023.

18.110 CDC) and if a city cannabis
testing laboratory license has been
approved by the chief of police,
pursuant to Chapter 5.80 CMC.

Cemetery, Columbarium,
Mausoleum
– – – –
Conference, Convention
Facility
UP UP – –
Cultural Institution – – – –
Emergency and Homeless
Shelter
ZC, UP(8) ZC, UP(8) ZC, UP(8) – CDC 18.200.070, Emergency and homeless shelters
Low-Barrier Navigation
Center
- - ZC, UP(9) - Government Code Section 65660 et
seq.

Farmers’ Market – – – –
Funeral Parlor, Mortuary – – – –
Government Office ZC ZC ZC ZC
Heliport – – – UP
Library ZC ZC ZC –
Medical
Hospital, Medical Center – – – –
Medical Services Facility AP AP – –
Nursing
Facility/Extended Care
– – – –
Urgent Care Facility MP(1) MP(1) – –
Meeting Facility,
Public/Private
UP UP – –
Military – – – –
Parking Facility AP AP AP –
Public Maintenance and
Service Facility
– AP(4) – ZC(4)
Recreational Facilities
Bingo Hall UP UP – –
Commercial Recreation,
Indoor
AP AP AP –

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Concord Municipal Code Page 4/4
The Concord Municipal Code is current through Ordinance 23-6, passed September 12, 2023.

Table 18.50.020 – Business Park and Industrial Districts(7) Allowed Uses and Permit Requirements
ZC = Permitted Use, Zoning Clearance
Required
AP = Administrative Permit Required
MP = Minor Use Permit Required
UP = Use Permit Required
6409 = Section 6409 Application
– = Use Not Allowed
Land Use Classifications
Permit Required by District
Additional Requirements
OBP IBP IMX(7) HI
Golf Course, Country
Club
– – – – CDC 18.200.130, Mechanical and
electronic games
Park and Recreation
Facility
ZC ZC ZC –
Residential Recreation
Facility
– – UP –
Sports and Entertainment,
Assembly
– – – UP CDC 18.200.080, Entertainment uses
Sports and Recreation
Facility
UP UP UP – CDC 18.200.130, Mechanical and
electronic games
Recycling Facilities
Small Collection Facility AP AP AP AP CDC 18.200.170, Recycling facilities Large Collection Facility – UP – UP CDC 18.200.170, Recycling facilities Processing Facility – UP – UP CDC 18.200.170, Recycling facilities Religious Facility – – – –
Schools
Elementary, Middle,
Secondary
– – – –
College, University AP AP – –
Trade Schools,
Vocational Training
AP AP AP –
Social Services Facility MP – – –
Theater, Auditorium UP UP UP – CDC 18.200.130, Mechanical and electronic games
Utility Facility, Transmission
Towers

ZC ZC ZC ZC
Wireless Communications
Facility
AP, MP or
6409
AP, MP or
6409
AP, MP or 6409 AP, MP or
6409
Chapters 18.205 and 18.207 CDC
(1) Allowed to occupy up to 20 percent of: gross area of shopping center, multi-tenant building, or 20 percent street frontage of one building. (2) Outdoor sales, activities, or storage allowed in side or rear yards when enclosed by an eight-foot-tall masonry wall and materials do not exceed wall height.
(3) No outdoor facilities, storage, or activities are allowed. (4) Allowed if occupying less than 80,000 square feet of gross floor area. (5) Allowed with residential use only.
(6) A facility which exceeds 3,000 square feet.
(7) Notwithstanding anything in this table to the contrary (including ZC, AP, or MP notations), outdoor facilities, storage, or activities may only be allowed in the IMX district if a use permit (UP) is reviewed and approved pursuant to Chapter 18.435 CDC (Minor Use Permits and Use Permits).
(8) Use permit required for any facility that does not meet the requirements set forth in CDC 18.200.070, Emergency and homeless shelters (9) Use Permit required for any facility that does not meet the requirements set forth in the referenced article of the Government Code.Page 28 of 38

18.55.020 Table 18.55.020 – Public/quasi-public district – Allowed uses and permit requirements.

Table 18.55.020 identifies the uses allowed by the development code in each public/quasi-public zoning district and the type of permit required to establish each use. See CDC 18.25.030(B) or Division VII of this title (Permits and Permit Procedures). Additional requirements may apply pursuant to Division IV (Development Standards) and Division V (Standards for Specific Uses) of this title.

Table 18.55.020
Public/Quasi-Public District
Allowed Uses and Permit Requirements
ZC = Permitted Use, Zoning Clearance Required
AP = Administrative Permit Required
MP = Minor Use Permit Required
UP = Use Permit Required
6409 = Section 6409 Application
– = Use Not Allowed
Land Use Classifications Permit Required by District Additional Requirements Public/Quasi-Public and Recreational Uses
Airport UP
Ambulance Service MP
Cannabis Uses
Commercial Cultivation –
Distribution (Type 11) –
Distribution Transport Only (Type 13) –
Indoor Personal Cannabis Cultivation ZC Up to six plants per residence, pursuant to state law
Industrial Hemp Cultivation –
Manufacturing –
Microbusiness –
Non-Storefront Retail –
Storefront Retail –
Testing Laboratory –
Cemetery, Columbarium, Mausoleum UP
Conference, Convention Facility UP
Cultural Institution UP
Emergency and Homeless Shelter UP CDC 18.200.070, Emergency and homeless shelters
Low-Barrier Navigation Center - Government Code Section 65660 et seq.

Farmers’ Market UP
Funeral Parlor, Mortuary UP
Government Office ZC
Heliport UP
Library ZC
Medical
Exhibit G

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Concord Municipal Code Page 2/3
The Concord Municipal Code is current through Ordinance 23-6, passed September 12, 2023.

Table 18.55.020
Public/Quasi-Public District
Allowed Uses and Permit Requirements
ZC = Permitted Use, Zoning Clearance Required
AP = Administrative Permit Required
MP = Minor Use Permit Required
UP = Use Permit Required
6409 = Section 6409 Application
– = Use Not Allowed
Land Use Classifications Permit Required by District Additional Requirements Hospital, Medical Center UP
Medical Services Facility AP
Nursing Facility/Extended Care AP
Urgent Care Facility MP
Meeting Facility, Public/Private UP
Military ZC
Parking Facility ZC
Public Maintenance and Service Facility ZC
Recreational Facilities
Bingo Hall –
Commercial Recreation, Indoor UP
Golf Course, Country Club UP CDC 18.200.130, Mechanical and electronic games
Park and Recreation Facility ZC
Residential Recreation Facility –
Sports and Entertainment, Assembly UP CDC 18.200.080, Entertainment uses Sports and Recreation Facility UP CDC 18.200.130, Mechanical and electronic games
Recycling Facilities
Small Collection Facility AP
Large Collection Facility UP
Processing Facility –
CDC 18.200.170, Recycling facilities
Religious Facility UP
Schools
Elementary, Middle, Secondary UP
College, University UP
Trade School, Vocational Training AP
Social Services Facility UP
Theater, Auditorium UP CDC 18.200.130, Mechanical and
electronic games
Utility Facility, Transmission Towers ZC
Wireless Communications Facility AP, MP or 6409 Chapters 18.205 and 18.207 CDC

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The Concord Municipal Code is current through Ordinance 23-6, passed September 12, 2023.

Residential Uses
Bed and Breakfast Inn –
Dwelling, Dwelling Unit, Housing Unit
Single-Family, Detached –
Single-Family, Detached – Small Lot Subdivision –
Single-Family, Attached –
Duplex –
Multifamily –
Family Day Care Home, Small – CDC 18.200.050, Child day care facilities
Family Day Care Home, Large AP CDC 18.200.050, Child day care facilities
Group Housing AP
Home-Based Business – CDC 18.200.100, Home-based
businesses
Live/Work Unit – CDC 18.200.110, Live/work or
work/live units
Mixed-Use Projects –
Mobile Home Park –
Residential Care Facility, Small AP
Residential Care Facility, Large AP
Residential Facility for Seniors, Assisted AP
Supportive Housing, Multifamily – Government Code Section 65650 et seq.

Supportive Housing, Single-Family – California Government Code Section 65650 et seq.

Transitional Housing, Multifamily –
Transitional Housing, Single-Family –
Work/Live Unit – CDC 18.200.110, Live/work or
work/live units

Page 31 of 38 ends

18.60.020 Community land districts – Allowed uses and permit requirements.

Table 18.60.020 identifies the uses allowed by the development code in each community land zoning district and the type of permit required to establish each use. See CDC 18.25.030(B) or Division VII of this title (Permits and Permit Procedures). Additional requirements may apply pursuant to Division IV (Development Standards) and Division V (Standards for Specific Uses) of this title.

OS PR RLC WRC CRP-GF
Additional
Requirements
Public/Quasi-Public and Recreational Uses
Airport – – – – –
Ambulance Services – – – – –
Cannabis Uses
Commercial Cultivation – – – – –
Distribution (Type 11) – – – – –
Distribution transport
only (Type 13)
– – – – –
Indoor Personal Cannabis
Cultivation
ZC ZC ZC ZC – Up to six plants
per residence,
pursuant to state
law
Industrial Hemp
Cultivation
– – – – –
Manufacturing – – – – –
Microbusiness – – – – –
Non-Storefront Retail – – – – –
Storefront Retail – – – – –
Testing Laboratory – – – – –
Cemetery, Columbarium,
Mausoleum
UP UP – – –
Conference, Convention
Facility
– – – – –
Cultural Institution – MP – – –
Emergency, Homeless Shelter – – – – – CDC 18.200.070,
Emergency and
homeless shelters
Low-Barrier Navigation
Center
- - - - - Government Code
Section 65660 et
seq.

Farmers’ Market – UP – – UP
Exhibit H

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Concord Municipal Code Page 2/4
The Concord Municipal Code is current through Ordinance 23-6, passed September 12, 2023.

Table 18.60.020
Community Land Districts
Allowed Uses and Permit Requirements
ZC = Permitted Use, Zoning Clearance Required
AP = Administrative Permit Required
MP = Minor Use Permit Required
UP = Use Permit Required
6409 = Section 6409 Application
– = Use Not Allowed
Land Use Classifications
Permit Required by District Additional
RequirementsOS PR RLC WRC CRP-GF
Funeral Parlor, Mortuary – – – – –
Government Office – ZC – – –
Heliport – – – – –
Library – AP – – –
Medical
Hospital, Medical Center – – – – –
Medical Services Facility – – – – –
Nursing
Facility/Extended Care
– – – – –
Urgent Care Facility – – – – –
Meeting Facility,
Public/Private
– UP – – –
Military – – – – –
Parking Facility – ZC – – –
Public Maintenance and
Service Facility
– ZC – – –
Recreational Facilities
Bingo Hall – – – – –
Commercial Recreation,
Indoor
– UP – – –
Golf Course, Country
Club
– UP – – – CDC 18.200.130,
Mechanical and
electronic games
Park and Recreation
Facility
ZC ZC ZC ZC AP Disc golf, dog
parks and
unlighted,
informal sport
courts and
playfields, as well
as
retention/detention
storm water
facilities, may also
be considered in
this category
Residential Recreation
Facility
– – ZC – –
Sports and Entertainment,
Assembly
– UP – – – CDC 18.200.080,
Entertainment
usesPage 33 of 38
Concord Municipal Code Page 3/4
The Concord Municipal Code is current through Ordinance 23-6, passed September 12, 2023.

Table 18.60.020
Community Land Districts
Allowed Uses and Permit Requirements
ZC = Permitted Use, Zoning Clearance Required
AP = Administrative Permit Required
MP = Minor Use Permit Required
UP = Use Permit Required
6409 = Section 6409 Application
– = Use Not Allowed
Land Use Classifications
Permit Required by District Additional
RequirementsOS PR RLC WRC CRP-GF
Sports and Recreation
Facility
– UP UP – – CDC 18.200.130,
Mechanical and
electronic games
Recycling Facilities
Small Collection Facility – – – – –
Large Collection Facility – – – – –
Processing Facility – – – – –
CDC 18.200.170,
Recycling
facilities
Religious Facility – – – – –
Schools
Elementary, Middle,
Secondary
– – – – –
Colleges, Universities – – – – –
Trade Schools,
Vocational Training
– – – – –
Social Services Facility – – – – –
Theater, Auditorium – UP – – – CDC 18.200.130,
Mechanical and
electronic games
Utility Facility, Transmission
Towers
– – – – –
Wireless Communications
Facility
AP, MP or 6409 AP, MP or 6409 AP, MP or
6409
AP, MP or
6409
AP, MP or
6409
Chapters 18.205
and 18.207 CDC
Residential Uses
Bed and Breakfast Inn – – – – –
Dwelling, Dwelling Units, Housing Units
Single-Family, Detached – – ZC – –
Single-Family, Detached
– Small Lot Subdivision
– – – – –
Single-Family, Attached – – – – –
Duplex – – – – –
Multifamily – – – – –
Family Day Care Home, Small – – ZC – – CDC 18.200.050,
Child day care
facilities
Family Day Care Home, Large – – MP – – CDC 18.200.050,
Child day care
facilities

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Concord Municipal Code Page 4/4
The Concord Municipal Code is current through Ordinance 23-6, passed September 12, 2023.

Supportive Housing, Single-
Family
– – ZC – – California
Government Code
Section 65650 et
seq.

Transitional Housing,
Multifamily
– – – – –
Transitional Housing, Single-
Family
– – ZC – –
Work/Live Unit – – – – – CDC 18.200.110,
Live/work or
work/live units

Page 35 of 38 ends

18.200.070 Emergency shelter and homeless shelters.

Where allowed by Division II of this title (Zoning Districts – Uses and Standards), emergency shelters and homeless shelters shall comply with the requirements of this section. For the purposes of this section, emergency shelter has the same meaning as defined in Section 50801 of the California State Health and Safety Code (See CDC 18.20.030 (Definitions)) and does not refer to emergency shelters set up for disaster relief.

A. Purpose. The following requirements are to implement the programs in the 2010 Housing Element, ensure compliance with Section 65583 of the Government Code, and meet the emergency shelter needs of the community.

B. Applicability. Where allowed by Division II of this title (Zoning Districts – Uses and Standards), an emergency or homeless shelter is a permitted use. A use permit is required for an emergency or homeless shelter that does not comply with the standards of this section.

C. Location. No emergency or homeless shelter shall be located:

1. Within 300 feet of any residential district;

2. W within 300 feet of another emergency or homeless shelter; and

3. Within 1,000 feet of an elementary school, middle school, high school, public library, or public park.

The separation distance between an emergency or homeless shelter and the uses and districts described above shall be the shortest horizontal distance measured in a straight line from the property line of the lot with an existing emergency or homeless shelter to the property line of the lot on which an emergency or homeless shelter is proposed to be located, without regard to intervening structures or objects, from the closest exterior wall of the building or structure, or a portion of the building or structure in which the emergency or homeless shelter is located to the boundary of the use or district described above.

D. Transit Accessibility. Emergency or homeless shelter facilities shall either be located within one-half mile of an existing bus route or BART station; or if not, an alternate means of transportation shall be provided by the facility such as a shuttle bus.

ED. Facility Requirements. Each emergency or homeless shelter shall include, at a minimum, the following:

1. An courtyard or other on-site area for indoor or outdoor area for client congregation, so that clients waiting for services are not required to use the public sidewalk for queuing in compliance with the following requirements:;
a. Minimum area of ten square feet per shelter bed;
b. At least one adjacent staff office or reception area with direct visibility of the area; c. Available for client use at least one hour prior to intake; and d. Outdoor waiting areas shall be screened from view from the public right-of-way, locked whenever staff is not present on the site, and provided with shade and rain protection.

2. Telephones for use by clients;
Exhibit I

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Concord Municipal Code Page 2/3
The Concord Municipal Code is current through Ordinance 23-6, passed September 12, 2023.

32. On-site staff, including at least one security guard that is appropriately licensed by the California Bureau of Security and Investigative Services or approved equivalent, personnel during hours of operation when shall be present at all times clients or prospective clients are present on the site, including in the client congregation area.

Security personnel shall have a nameplate containing the security personnel’s name and the word “SECURITY” printed in bold/capital. The word “Security” is not required if the security guard is wearing some type of clothing to identify him/her as a security guard. The nameplate shall be exhibited prominently on the clothing and shall be visible and easily read at all times. Hanging name badges and lanyards are prohibited. Alternatively, this requirement may be satisfied by embroidering the security personnel’s name and the word “SECURITY” on the security personnel’s outermost garment with the required information meeting the above specifications and located at chest level.

Shelters shall develop and implement a management and security plan with operational standards in compliance with applicable funding requirements, any local, county and state requirements. Prior to issuance of an occupancy permit, the management and security plan shall be approved by after consulting with the Chief of Police.

The manager’s area shall be located near the entry to the facility;

43. Adequate interior and exterior lighting; Outdoor lighting in compliance with the following requirements:
a. Applicable objective standards in CDC 18.150.110 and 18.160.110(D), except when in conflict with the following requirements:
i. A minimum of ten foot-candles at all client entrances and extending in an unobstructed direction outward five feet;
ii. A minimum of two foot-candles in other areas accessible from the street; iii. Lighting shall be provided for a period not less than thirty minutes after sunset until thirty minutes before sunrise; and
iv. The planning manager may modify the above requirements upon determining that alternate lighting will be adequate for security purposes.

54. Secure areas for personal property; and One locker or storage cabinet for personal property shall be provided for each shelter bed. The shelter shall provide each client with a lock to the locker or storage cabinet at no charge. At least 10 percent of the required storage lockers shall have minimum dimensions of 42 inches wide, 75 inches deep, and 54 inches high to accommodate secure storage of a bicycle.

5. Unless smoking is otherwise prohibited pursuant to Chapter 8.35, provide a designated smoking area. The smoking area shall comply with the requirements of CDC 8.35.100(b).

6. Provide bathrooms and bathing facilities in the quantity and at locations as required by the California Plumbing Code (Title 24, Part 5 of the California Code of Regulations). Shower stalls must include an interior lock on the shower door, and an emergency call button or pull cord; and

7. The site of the facility shall be kept free of litter, graffiti, and any other undesirable material at all times. The property owner and/or operator shall remove abandoned personal property, trash, litter and debris on a daily basis. Graffiti shall be removed within 48 hours of written notice from the city.

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Concord Municipal Code Page 3/3
The Concord Municipal Code is current through Ordinance 23-6, passed September 12, 2023.

6. Other facilities, consistent with the state’s provisions for emergency housing, as recommended by the police department prior to zoning clearance approval.

F. Maximum Number of Beds. No more than 75 25 beds shall be provided in any single emergency or homeless shelter., except:

1. In response to a disaster; or

2. As authorized by a use permit approved by the planning commission.

G. Hours of Operation. Facilities shall establish and maintain set hours for client intake/discharge. These hours shall be posted at the site. There shall be no gathering or loitering at the facility or in the surrounding area when the facility is closed. It is the responsibility of the facility to enforce this requirement. [Ord. 12-4. DC 2012 § 122-620].

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Staff Report
Date: September 10, 2024
To: City Council
From: Valerie J. Barone, City Manager
Prepared by: Joelle Fockler, MMC, City Clerk
[email protected]
(925) 671-3390
Subject: Considering designation of Mayor Birsan as the Voting Delegate for the League of California Cities Annual Conference and Expo on October 16-18, 2024.

Report in Brief
Consider the appointment of Mayor Hoffmeister as the Voting Delegate to the League of California Cities Annual Conference and Expo to be held October 16-18, 2024, in Long Beach, CA.

Recommended Action
Appoint Mayor Birsan as the Voting Delegate to the League of California Cities Annual Conference and Expo to be held October 16-18, 2024, in Long Beach, CA.

Background
Consistent with the League of California Cities bylaws, a city’s voting delegate and up to two alternates may be designated by the city council. Designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor. Mayor Birsan is the only councilmember attending the League conference this year.

The voting delegate and alternate must be registered to attend the conference. They need not register for the entire conference; they can register for Friday only. To cast the city’s vote, a city official must have in his or her possession the city’s voting card and be registered with the Credentials Committee. The voting card may be transferred freely between the voting delegate and alternate but may not be transferred to another city official who is neither a voting delegate nor alternate.

4.c4.c4.c

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City Council Agenda Report
Agenda Item No. 4.c
September 10, 2024
The City Clerk must return the Voting Delegate Form to the League office by Wednesday, September 25, 2024.

Public Contact
The City Council Agenda was posted.

Attachment

1. Annual Conference Voting Procedures with Voting Delegate/Alternate Form

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1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org DATE: Wednesday, July 10, 2024
TO: M
ayors, Council Members, City Clerks, and City Managers
RE: D

ESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference and Expo, Oct. 16-18, 2024 Long Beach Convention Center
Ev
ery year, the League of California Cities convenes a member-driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy.

Tak
ing place on Oct. 18, the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions.

To ca
st a vote during the General Assembly, your city must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official.

Act
ion by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone.

Fol
lowing council action, please submit your city’s delegates through the online submission portal by Wed., Sept. 25. When completing the Voting Delegate submission form, you will be asked to attest that council action was taken. You will need to be signed in to your My Cal Cities account when submitting the form.

Sub
mitting your voting delegate form by the deadline will allow us time to establish voting delegate/alternate records prior to the conference and provide pre-conference communications with voting delegates.

Con
ference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration is open on the Cal Cities website.

Council Action Advised by September 25, 2024
Attachment 1

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For a city to cast a vote, one voter must be present at the General Assembly and in possession of the voting delegate card and voting tool. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the voting delegate desk. This will enable them to receive the special sticker on their name badges that will admit the voting delegate into the voting area during the General Assembly.

Please view Cal Cities’ event and meeting policy in advance of the conference.

Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the General Assembly, they may not transfer the voting card to another city official.

Seating Protocol during General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

The voting delegate desk, located in the conference registration area of the Long Beach Convention Center in Long Beach, will be open at the following times: Wednesday, Oct. 16, 8:00 a.m.-6:00 p.m. and Thursday, Oct. 17, 7:30 a.m.-4:00 p.m. On Friday, Oct. 18, the voting delegate desk will be open at the General Assembly, starting at 7:30 a.m., but will be closed during roll calls and voting.

The voting procedures that will be used at the conference are attached to this memo.

Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city’s voting delegate and alternates.

Once again, thank you for submitting your voting delegate and alternates by Wednesday, Sept. 25. If you have questions, please contact Zach Seals at [email protected].

Attachments:
• General Assembly Voting Guidelines
• Information Sheet: Cal Cities Resolutions and the General Assembly

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1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org

General Assembly Voting Guidelines

1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.

2. Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee.

3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly.

4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution.

5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate.

6. Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly.

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Sixty days before the
Annual Conference
and Expo, Cal Cities
members may submit
policy proposals on
issues of importance
to cities. The resolution must
have the concurrence of at least
five additional member cities or
individual members.

How it works: Cal Cities
Resolutions and the General Assembly
General Assembly
General Resolutions Policy Committees
Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure Cal Cities represents cities with one voice. These policies directly guide Cal Cities’ advocacy to promote local decision-making, and lobby against statewide policies that erode local control.

The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here’s how resolutions and the General Assembly work.

The petitioned
resolution is an
alternate method
to introduce policy
proposals during
the annual conference. The
petition must be signed by
voting delegates from 10% of
member cities, and submitted to
the Cal Cities President at least
24 hours before the beginning
of the General Assembly.

Petitioned Resolutions
The Cal Cities
President assigns
general resolutions
to policy committees
where members
review, debate, and recommend
positions for each policy proposal.

Recommendations are forwarded
to the Resolutions Committee.

Who’s who
The Resolutions Committee
includes representatives
from each Cal Cities
diversity caucus, regional
division, municipal
department, and policy
committee, as well as
individuals appointed by
the Cal Cities president.

Voting delegates
are appointed by each
member city; every city
has one voting delegate.

The General Assembly is a
meeting of the collective
body of all voting
delegates —one from
every member city.

Seven policy committees
meet throughout the year
to review and recommend
positions to take on bills
and regulatory proposals.

Policy committees include
members from each Cal
Cities diversity caucus,
regional division, and
municipal department,
as well as individuals
appointed by the Cal
Cities president.

During the General Assembly, voting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions
Committee. Potential Cal Cities bylaws
amendments are also considered at this meeting.

Cal Cities policy
development is a member-
informed process,
grounded in the voices and
experiences of city officials
throughout the state.

For more information visit www.calcities.org/general-assembly Prior to the Annual Conference and Expo
Resolutions Committee
The Resolutions
Committee considers
all resolutions. General
Resolutions approved
1 by
either a policy committee
or the Resolutions Committee are next
considered by the General Assembly.

General resolutions not approved, or
referred for further study by both a
policy committee and the Resolutions
Committee do not go to the General
Assembly. All Petitioned Resolutions
are considered by the General
Assembly, unless disqualified.
2 During the Annual Conference and Expo
1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f). Page 6 of 8

Staff Report

Date: September 10, 2024

To: City Council

From: Valerie J. Barone, City Manager

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

Subject: Considering designation of Mayor Birsan as the Voting Delegate for the League of California Cities Annual Conference and Expo on October 16-18, 2024.

Report in Brief
Consider the appointment of Mayor Hoffmeister Birsan as the Voting Delegate to the League of California Cities Annual Conference and Expo to be held October 16-18, 2024, in Long Beach, CA.

Recommended Action
Appoint Mayor Birsan as the Voting Delegate to the League of California Cities Annual Conference and Expo to be held October 16-18, 2024, in Long Beach, CA.

Agenda Item No. 4.c
Benched Staff Report
September 10, 2024
Changes in red and strikeout font

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City Council Agenda Report
Agenda Item No. 4.c
September 10, 2024

The City Clerk must return the Voting Delegate Form to the League office by Wednesday, September 25, 2024.

Public Contact
The City Council Agenda was posted.

Attachment

1. Annual Conference Voting Procedures with Voting Delegate/Alternate Form

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Staff Report
Date: September 10, 2024
To: City Council
From: Valerie Barone, City Manager
Reviewed by: Mark Bustillos, Chief of Police
Prepared by: Shaun Parsley, Police Corporal
[email protected]
(925) 603-5963
Subject: Considering adoption of a Resolution accepting and appropriating grant funding from the California Office of Traffic Safety (OTS) in the amount of $275,000 for Select Traffic Enforcement and appropriation of funds and approval for use for the City’s Selective Traffic Enforcement Program (Project No. 2711).

CEQA: Exempt/not a project pursuant to Public Resources Code Section 21065, CEQA Guidelines Section 15060(c)(2), 15061(b)(3), 15273, and/or 15378 including subsection (b)(3).

Report in Brief
The Concord Police Department has been approved for grant funds from the State of California Office of Traffic Safety (OTS) in the amount of $275,000 as part of a Selective Traffic Enforcement Program. The funds will be used for conducting traffic enforcement operations in the City of Concord from October 1, 2024, through September 30, 2025, and in covering the costs of additional training for traffic enforcement personnel. The approved funds will be administered by the Police Department Traffic Bureau.

Recommended Action
Adopt a resolution accepting and appropriating grant funding from the California Office of Traffic Safety (OTS) in the amount of $275,000 for Select Traffic Enforcement and appropriation of funds and approval for use for the City’s Selective Traffic Enforcement Program (Project 2711).

4.d4.d

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City Council Agenda Report
Agenda Item No. 4.d
September 10, 2024
Background
The City of Concord continues to experience vehicle traffic collisions, alcohol involved fatal and injury traffic collisions, and traffic collisions involving pedestrians. Between October 1, 2023, and September 30, 2024, the Concord Police Department Traffic Bureau used previous OTS grant funding to conduct three DUI checkpoints, 12 DUI Saturation Patrols (three to be completed by September 30, 2024), six Speed/Primary Collision Factor (PCF) enforcement patrols, two Distracted Driving enforcement operations, one Motorcycle Safety enforcement operation, two Bicycle/Pedestrian enforcement operations, four collaborative enforcement operations with neighboring agencies and four Traffic Safety Education presentations to local schools and community groups. With the support of the OTS grant monies, 16 drivers were arrested for DUI, two sworn employees completed Standardized Field Sobriety Testing certified training, One sworn employee completed Drug Recognition Expert training, one sworn employee completed Drug Recognition Expert recertification, one sworn employee completed Standardized Field Sobriety Testing Instructor certified training, two non-sworn completed Preliminary Alcohol Screening Device (PAS) Operation and Calibration certified training, and two sworn employees completed DUI Checkpoint Planning and Management certified training.

Analysis
The OTS grant funds will be used to pay for all personnel and related material costs associated with the grant objectives during the period of October 1, 2024, to September 30, 2025, and will be used for the following purposes:
 To send two law enforcement personnel to the National Highway Traffic Safety Administration (NHTSA) Standardized Field Sobriety Testing (SFST), complying with Police Officer Standards and Training (POST) - certified training;  To send two law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving Enforcement (ARIDE), POST- certified training;  To send one law enforcement personnel to the Drug Recognition Expert (DRE) training;
 To send one law enforcement personnel to the DRE Recertification training;  To send one law enforcement personnel to SFST Instructor training;  To conduct three DUI checkpoints;
 To conduct thirteen DUI Saturation Patrol operations;  To conduct seven Traffic Enforcement operations, including but not limited to PCF;
 To conduct two Distracted Driving enforcement operations targeting drivers using handheld cell phones and texting;
 To conduct one Motorcycle Safety enforcement operation;  To conduct two Bicycle/Pedestrian Safety enforcement operation in identified areas of high bicycle and pedestrian traffic;

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City Council Agenda Report
Agenda Item No. 4.d
September 10, 2024
 To conduct two Traffic Safety Educational presentations;  To conduct three specialized enforcement operations focusing specifically on street racing and sideshows;
 To conduct four collaborative DUI Enforcement operations; and  To conduct three collaborative Traffic Enforcement operations.

Environmental Determination
This item is exempt from California Environmental Quality Act (CEQA) as it does not constitute a "project" within the meaning of Public Resources Code Section 21065, CEQA Guidelines Section 15060(c)(2), 15273, and/or 15378 including subsection (b)(4).

If this were determined to be a “project” for CEQA analysis, this activity falls within the "Common Sense" CEQA exemption set forth in CEQA Guidelines Section 15061(b)(3).

No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply.

Financial Impact
No matching funds are required to accept and appropriate the grant funds.

Public Contact
The City Council Agenda was posted.

Attachment

1. Resolution Accepting and Appropriating Grant Funds for Selective Traffic Enforcement

Page 3 of 5 ends

Res. No. 24-XX 1

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Accepting and Appropriating Grant
Funding from the California Office of Traffic Safety
(OTS) in the Amount of $275,000 for Select Traffic
Enforcement and Appropriation of Funds and
Approval for Use for the City’s Selective Traffic
Enforcement Program
Resolution No. 24-XX
/
WHEREAS, the Office of Traffic Safety (OTS) approved grant funds to the Concord Police Department in the amount of $275,000 as part of a Selective Traffic Enforcement Program; and WHEREAS, the funds will be used for conducting selective traffic enforcement operations in the City of Concord during the period of October 1, 2024, to September 30, 2025; and WHEREAS, the appropriation of these funds and approval for conducting selective traffic enforcement operations amends the Police Department Operating Budget for Fiscal Year 2024-25; and WHEREAS, the Chief of Police has recommended acceptance of the California Office of the California Office of Traffic Safety grant funds in the amount of $275,000 for the Concord Police Department’s Selective Traffic Enforcement Program to enhance public safety.

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

Section 1. This item is exempt from California Environmental Quality Act (CEQA) as it does not constitute a "project" within the meaning of Public Resources Code Section 21065, CEQA Guidelines Section 15060(c)(2), 15273, and/or 15378 including subsection (b)(4). If this were determined to be a “project” for CEQA analysis, this activity falls within the "Common Sense" CEQA exemption set forth in CEQA Guidelines Section 15061(b)(3). No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply.

Section 2. Accepts grant funds in the amount of $275,000.

Section 3. Authorize the appropriation, of these funds and the Chief of Police to use these funds for expenditure on the Selective Traffic Enforcement Program.

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 September 10, 2024, Attachment 1

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Res. No. 24-XX 2
by the following vote:

AYES: Councilmembers -
NOES: Councilmembers -
ABSTAIN: Councilmembers -
ABSENT: Councilmembers -
I HEREBY CERTIFY that the foregoing Resolution No. 24-XX was duly and regularly adopted at a regular meeting of the City Council of the City of Concord on September 10, 2024.

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney

Page 5 of 5 ends

Staff Report
Date: September 10, 2024
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kevin Marstall, PE, Director of Community Development Mindy Gentry, Planning Manager
Prepared by: Joan Ryan, Principal Planner
[email protected]
(925) 671-3370
Subject: Receiving a one-year update on the implementation of Concord Municipal Code, Title 18 (Development Code),
Chapter 18.152 (Objective Design Standards) and Mayor to consider and/or announce the establishment of a Council ad hoc committee to advise the City Manager and staff on the next phase of objective design standards for small lot
development, until they have been adopted by Council.

CEQA: Project previously determined not a “project” and/or exempt as well as this update on the Objective Design
Standards are not a “project” and/or exempt under to Public Resources Code Section 21065, California Environmental
Quality Act (CEQA) Guidelines Sections 15060(c)(2), 15378 and/or 15061(b)(3).

Report in Brief
On August 22, 2023, the City Council (Council) requested a one-year update from City of Concord (City) staff (Staff) on the implementation of the Concord Municipal Code (CMC), Title 18 (Development Code), Chapter 18.152 (Objective Design Standards), which incorporates by reference the 2023 City of Concord Objective Design Standards (ODS).

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

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City Council Agenda Report
Agenda Item No. 5.a
September 10, 2024

The goal of the ODS is to ensure quality, economically feasible, and sustainable design for new housing projects when state law or local regulations require a ministerial review and approval process. State law has limited a local jurisdiction’s ability to apply subjective design standards for qualifying housing projects, whereby the City can now only rely on the application of objective design standards1. To address this limitation and the need for a streamlined process, Council prioritized the development and adoption of ODS, which occurred on September 12, 2023.

During the process, Council raised the following concerns and questions: 1) would the ODS standards expedite processing, 2) how the standards would be incorporated into and reflected in approved housing projects, 3) would the ODS reduce the number of reviews and submittals to the City, and 4) would the City’s standards be too stringent and discourage applicants or too lax and result in poor design. Thus, Council requested an implementation update at the one-year mark, which is what is currently before Council.

Additionally, the City now faces many of the same State requirements for use of objective standards for small lot residential development and staff will begin working on these new regulations in the fall of 2024. Staff found it very helpful to work with a Council ad-hoc committee when developing the original ODS standards and is asking the Mayor to appoint a new ad-hoc committee to work with staff on the small lot residential ODS standards. The ad-hoc committee would help staff develop recommendations that would go before the Planning Commission for review and the full Council for review and adoption.

Recommended Action
Receive a one-year update on the implementation of Concord Municipal Code, Title 18 (Development Code), Chapter 18.152 (Objective Design Standards) and Mayor to consider and/or announce the establishment of a Council ad hoc committee to advise the City Manager and staff on the next phase of objective design standards for small lot development, until they have been adopted by Council; and make the CEQA determination as provided in this staff report.

Background
On September 12, 2023, Council adopted Ordinance No. 23-6 entitled, “An Ordinance Amending the City of Concord’s Development Code (Title 18) by Adding Chapter 18.152 - Objective Design Standards (2023-2031 Housing Element Objective 15.3) (PL23101 – DC)” into the City’s Development Code to ensure compliance with state law (Attachment 2).
1 State law defines objective design standards as, “involving no personal or subjective judgement by a public official and being uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official.”

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City Council Agenda Report
Agenda Item No. 5.a
September 10, 2024

The process leading up to the adoption included 11 public meetings and four Council ad- hoc meetings, during the period from April 2022 to August 2023. The meetings provided feedback to Staff and the City’s consultant (Project Team), from the Design Review Board (DRB), Planning Commission (Commission), and Council on all five chapters within the ODS document – Citywide, Downtown, Corridors, Neighborhoods, and Special Case/Infill areas. This feedback assisted the Project Team to firm up and identify the primary focus areas and key design elements to be addressed in the ODS document.

State laws that limit the City to the application of objective design standards only include the Housing Accountability Act, Senate Bill (SB) 35 (Streamlining), SB 3302 (Housing Crisis Act), SB 9 (HOME Act), Assembly Bill (AB) 2011, and SB 6 (Mixed Use/Commercial) projects, as well as other qualifying affordable housing projects. In general, these laws apply to multifamily residential projects, mixed-use residential developments with at least two-thirds of the overall building square footage dedicated as residential, emergency shelters, single room occupancies (SROs), group housing, and to new units constructed under SB 9.

The goal of objective design standards are to support Concord’s tradition of high-quality design and ensure the City can maintain quality design with creative, economically feasible, and sustainable standards. The design of residential projects is required to meet the objective design standards or alternatively, applicants continue to have the opportunity to pursue more design flexibility beyond the ODS under the City’s discretionary review process.

As a reminder, certain projects are exempt from the ODS, including small lot subdivisions, single family detached homes as part of a major subdivision, Accessory Dwelling Units (ADUs)3, renovations, additions or expansions of existing residential buildings, and mixed-use projects with less than two-thirds of the building square footage dedicated to housing.

Ad Hoc Committees
Pursuant to City of Concord – City Council Meeting Procedures Section 4.53.d, the Mayor may, from time to time, announce appointments to ad hoc advisory committees composed solely of less than a majority of the members of the City Council; the announcement of such appointments shall appear on the posted agenda, but shall not require approval from a majority of the City Council.

The use of Ad Hoc committees is permitted under the Brown Act so long as they:
 Serve a limited or single purpose that is not perpetual;  Comprise solely less than a quorum of the City Council (for a five member 2 The provisions of SB 330 (Housing Crisis Act) were extended by SB 8 until January 1, 2030. 3 Objective design standards for ADUs are located in CDC Section 18.200.180(C)(10).

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City Council Agenda Report
Agenda Item No. 5.a
September 10, 2024

Council as in Concord, that means two Councilmembers);
 Have a defined purpose and timeframe to accomplish that purpose;  Dissolve once the specific task is complete or the time has expired; and  Are advisory in nature.

An Ad Hoc committee is not subject to notice and posting requirements, nor to holding public meetings, if the above requirements are followed.

Discussion
As part of the adoption of CDC Chapter 18.152 (Attachment 2), Council requested a one- year update by Staff on the implementation of the standards, indicating the presentation should focus on the following: 1) streamlining progress, 2) successes and challenges associated with the implementation of the document, 3) any concerns identified that may be resulting in unintended consequences associated with the implementation (those at odds with the state’s intent of streamlining and increasing new housing production), 4) issues that have emerged that are inconsistent with the state’s goal of streamlining housing development, 5) resulting designs that are too plain or monotonous, and 6) identification of any new legislation or gaps that may require objective design standards, which may need to be addressed and incorporated into the standards.

Council also requested the ODS return to Council after two years (October 2025) to address more substantial changes, additions, or refinements.

Implementation
CDC Chapter 18.152 (Objective Design Standards) incorporated by reference an illustrative document, the 2023 City of Concord Objective Design Standards, which contains the actual design standards, maps, tables, and diagrams.

To facilitate implementing the ODS, staff completed:
 An updated Design and Site Review application incorporating this streamlined process,
 Creation of a new supplemental checklist,
 A compilation of FAQs,
 A process flow chart showing the ODS design review process versus the traditional design review process, and
 A dedicated ‘Objective Design Standards4’ webpage on the City’s website to provide clear guidance to applicants and developers interested in submitting applications, to assist the development community and Staff with application 4 https://www.cityofconcord.org/1019/Objective-Design-Standards

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City Council Agenda Report
Agenda Item No. 5.a
September 10, 2024

intake, and to provide clarity regarding the City’s design standards and the submittal and permitting requirements.

As with any new program, Staff anticipated there would be a learning curve and potential refinements needed for the ODS. Given, these anticipated changes, and Council’s request to revisit this document at both the one- and two-year marks post adoption, Staff has maintained a log of updates and issues during the past year to monitor its implementation and track any necessary changes.

Staff’s log has included the identification of updates and issues that are both minor modifications and substantive changes, which have been defined as follows:
 Minor modifications are those requiring necessary minor corrections, clarifications, simplifications, and interpretation of ambiguous standards. Council delegated authority to Staff to include additional illustrations to provide clarity and improve the usability of the document, which is reflected on page 3 of the ODS document.

Attachment 1 includes a list of all minor modifications that have been made during the last year, which occurred on March 1, 2024, and July 31, 2024.  Substantive changes are more substantial updates determined necessary to meet the intent of streamlined processing or to reflect new and/or future legislation.

These shall require amendments to the CDC 18.152 and/or the 2023 City of Concord Objective Design Standards document. These amendments would be addressed at the two-year anniversary of the ordinance with review by the DRB, Planning Commission, and Council by October 2025.

Given SB 330 vests housing projects at the early stage of a Preliminary Application, Staff found that many of the housing projects processed within the Planning Division during the last year were not subject to the ODS or were projects where the ODS was not applicable (e.g. ADUs, commercial projects, etc.). As a result, there were only a handful of new residential projects processed that were subject to the ODS. Also, impacting the number of housing project applications received by the City, was a lack of financial feasibility due to the current financing market, which is discussed below.

Current Market
Recently, the state’s efforts for the streamlining of housing projects have been stymied by the impact of increased interest rates and the condition of the broader economy over the last couple years. The federal funds rate5 increased from 0.8% in March 2022 to 5.33% on July 24, 2023, resulting in a substantial effect on mortgage and financing rates, and the housing market at large. Average mortgage rates (as of mid-July 2024) are remaining 5 The interest rate at which depository institutions (banks and credit unions) lend reserve balances to other depository institutions overnight, on an uncollateralized basis. The current federal funds rate as of June 11, 2024 was 5.33%

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City Council Agenda Report
Agenda Item No. 5.a
September 10, 2024

at more than double what they were in 2020 and 2021 and have resulted in housing activity remaining relatively stagnant. According to Freddie Mac, the average 30-year fixed rate reached an all-time record low of 2.65% in January 2021 before surging to

7.79% in October 2023. In 2024 so far, mortgage rates have been hovering close to the 7% mark6.

The Building Division began to experience a reduction in permits in 2022 (Table 1 below) for residential and commercial projects. However, Staff has continued to see a steady number of building permits for ADUs, given the City’s new pre-approved ADU program.

Table 1. Building Permits, FY 2021-22 to FY 2023-24
Building Permits FY 2021-2022 FY 2022-2023 FY 2023-2024 Total 165 96 96
New Residential (ADU) 157 (77)A. 93 (67) 96 (86)
New Commercial 8 3 0
A. The figures in parenthesis are included in the overall, i.e., 77 of the 157 units are ADUs.

Streamlining
Due to the current market, it is difficult to know what type of effect the ODS have had on the number and pace of housing submittals overall. The Planning Division has only had a handful of SB 9 projects, two minor subdivisions, and one multifamily project submitted since the ODS became effective and most of these projects are still going through entitlement processing.

Thus, there have been limited projects to look toward in evaluating the first year of the ODS implementation period to understand whether the new standards are truly providing the intended streamlining effect on projects. Staff believes Year 2 of the ODS should provide for a better assessment of the impact from the ODS because the City should experience more housing applications where the ODS would apply and projects with vested rights pre-ODS adoption would no longer be an issue. In addition, the ODS can be evaluated against other factors that can often play into the overall time associated with entitlement processing including delays with the applicant’s consultants in preparing plans for re-submittal. Additionally, by September 2025 staff anticipates having a better understanding on whether any significant amendments are needed to the ODS, albeit though none stand out at this time.

In summary, the evidence of streamlining is still too uncertain, given the minimal number and types of housing projects processed to date; however, additional data in 2025 should begin to provide a clearer picture. The housing slowdown is not expected to change until interest rates shift downward.
6 U.S. News and World Report, dated June 26, 2024.

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City Council Agenda Report
Agenda Item No. 5.a
September 10, 2024

In support of Council’s current evaluation effort, Staff has reviewed the ODS and collected comments from the few projects that have gone through the process, and as of July 31, 2024, staff has made minor changes and corrections necessary to provide clarifications to the document (Attachment 1).

Successes and Challenges – Perception of Standards
Initial challenges were related to new applicants, often those who do not having familiarity with processing projects (e.g. property owners filing for projects under SB 9, and at the same time, Staff was learning to handle a new, lengthy checklist of items to review projects for consistency with the standards. This will improve with use and experience. In addition, it seems many applicants had not been that familiar with the City’s (1987) design guidelines and they were not in common use due to the age of the guidelines. Thus, the ODS are perceived by some within the development community (SB 9 applicants) as a new hurdle.

Unintended Consequences
SB 9 projects specifically seem to be somewhat at odds with use of the ODS. SB-9 project applicants, view the ODS as somewhat cumbersome, given the designs are typically for a small home or a small duplex, and thus the process can be perceived by applicants as more stringent, particularly if they arrive at the permit center counter with a set design, ready to submit for building permits. It is also difficult to parse the timing resulting from Staff comments from the Development Advisory Committee versus those addressing the ODS. But, generally, the ODS seem to be viewed as cumbersome up front, however the time savings appears evident in the long run, given a Staff level review.

Case Studies - designs
Attachments 3a and 3b provide a sampling of site plans and elevations for SB 9 projects that have been processed using the ODS. SB 9 projects typically have a 2-step process that involves: 1) Eligibility Determination, 2) After receiving a determination of eligibility, applicants may proceed with formal approval of a lot split and/or building permit(s) utilizing the submittal checklists. ODS review is typically covered in the second step. That said, most property owners meet with Staff in advance of submittal, which is where they are informed about ODS, as well as the other requirements. Staff has found that the ODS has been successful in providing a framework to guide applicants to provide a compatible design and prevent/discourage unusual design issues often seen on single lot development.

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City Council Agenda Report
Agenda Item No. 5.a
September 10, 2024

Identified Gaps
As more state laws are passed removing the City’s ability to apply subjective standards, Staff has identified the following gaps:
 Small lot subdivision standards;
 Major subdivisions; and
 Rehabilitation of existing structures to be used for emergency shelters, supportive housing, and low barrier navigation centers.

Small Lot Medium Density Objective Design Standards
When efforts first began on the ODS project, it was focused only on multifamily housing projects because that’s where the state first required objective standards, which was born out of SB 35. However, as the state legislature widened the requirement to any new housing project, including the by-right approval of up to 10 lots for a housing development project, Staff identified the need for objective design standards for small lot projects since that was the majority of housing project applications being processed by the City. As discussed with Council during the ODS project, to address this gap, the effort on small lot subdivisions would begin in 2024. Therefore, an Amendment to CDC Chapter 18.155 to develop objective design standards for small lot (less than 6,000 square feet) and medium density development is planned to kickoff this fall.

As discussed in Report in Brief section, Staff is requesting the Mayor consider and/or announce the establishment of a Council ad hoc committee to advise the City Manager and staff on the ODS for small lot development, but that it occur earlier in the process. If there is an interest by the Mayor for creation and involvement of an ad-hoc committee in this new effort, similar to the earlier ODS project, then Staff respectfully requests the identification of Council members to serve on this ad-hoc committee.

Major Subdivisions
Staff is currently not recommending the development of objective design standards for major subdivisions due to the limited number of large vacant parcels and the infill nature of the City and developers choosing almost exclusively now to build small lot subdivisions. The Concord Naval Weapons Station will have its own set of design standards.

Emergency Shelters, Supportive Housing, and Low Barrier Navigation Centers On August 13, 2024, Council considered the introduction of an ordinance to amend the Development Code pertaining to emergency shelters, supportive housing, and low barrier navigation centers. Council expressed concerns regarding the lack of objective design standards for these uses, including the issue that the ODS pertains to new housing projects only and does not address the repurposing or rehabilitation of existing buildings for these uses. Council can direct Staff to explore these issues; however, given current workloads, it would have to be a narrow focus. If there needs to be a broader exploration

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City Council Agenda Report
Agenda Item No. 5.a
September 10, 2024

of these issues or a desire to address other identified gaps, then Staff recommends this be incorporated into the work program for 2025-2026.

Financial Impact
The presentation has no financial impact on the City. The implementation of the ODS project by providing clear standards that serve to streamline the review of housing projects by eliminating the need for DRB review, should have a beneficial financial impact to applicants by shortening the entitlement process and providing more clarity upfront in the process.

Environmental Determination
Pursuant to the California Environmental Quality Act (CEQA) of 1970, Public Resources Code Section 21000, et. seq., as amended and implementing State CEQA Guidelines, Title 14, Chapter 3 of the California Code of Regulations (collectively “CEQA”), the Objective Design Standards Ordinance was previously determined to not be a “project” within the meaning of Public Resources Code Section 21065, 14 Cal Code Regs.

Section 15060(c)(2) or 15378 because it had no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. If the adoption of the Ordinance implementing the objective design standards and the 2023 City of Concord Objective Design Standards document had been a project under CEQA, the ODS documents fell within the “common sense” exemption set forth in 14 Cal. Code Regs. Section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment…” This update on the Objective Design Standards is also exempt for the same reasons as identified above and if it were to be considered a “project”, it too would fall within the “common sense” exemption as identified above. Therefore, the proposed ODS documents do not warrant further environmental review.

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

Public Contact
Council Agenda was posted. The interested parties list was also notified.

Attachments

1. Objective Design Standards – Minor modifications made as of March 1, 2024, and July 31, 2024, and additional modifications being tracked since then.

2. CDC Chapter 18.152

3. Sample site plan and elevations processed using ODS. a. Billings Road example
b. Golden Avenue example

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Attachment 1
Modifications made to ODS Companion Document
Minor Changes made as of July 31, 2024

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using at least one of the following approaches.

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P. 48, Section headings are off, B, C, D and E, should be A, B, C, D.

P. 70 and 72, need small a’s.

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Minor Changes made as of July 31, 2024

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reads: “The following table describes those materials that are permitted for use for exterior building walls, roofs, and fencing, as well as those not allowed for use: (Table 1).”

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people understand. Clarifications made, using “Permitted” and “Not Allowed.”

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projection over the doorway, such as a porch, awning, canopy, or portico, with a roof eave of a minimum of eighteen (18) inches in depth, to create shade and cast shadow.”

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facade, such as more glass or a brick or stone entry, see Fig. 80.

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Section A.1.e.i. (page 56. above)

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Attachment 2
Chapter 18.152

OBJECTIVE DESIGN STANDARDS
Sections:

18.152.010 Purpose and intent.

18.152.020 Applicability.

18.152.030 Relationship to other standards and requirements.

18.152.040 Exceptions.

18.152.050 Review and decision procedure.

18.152.060 Post-decision procedures.

18.152.010 Purpose and intent.

This chapter is intended to establish and apply objective design standards to all new residential and mixed-use development projects within the city of Concord where state law limits the city’s enforcement of design standards to objective standards or where state law or the Concord Municipal Code requires a ministerial approval process, with the exception of those projects described in CDC 18.152.040. The purpose of this chapter is to:

A. Create high-quality, enforceable objective design standards.

B. Streamline the review and approval process for qualifying residential and mixed-use projects.

C. Ensure greater certainty for applicants, decision makers, residents, and the public.

D. Enhance the existing character and to maintain compatibility with other established uses within the city as new development and property improvements occur.

E. Continue to ensure the highest level of design quality while allowing for appropriate flexibility to create variation.

F. Create objective design standards that involve no personal or subjective judgment, verifiable by reference to an external and uniform benchmark or criterion.

G. Facilitate the implementation of the general plan.

H. Update standards on a timely basis to respond to new legislative actions. [Ord. 23-6 § 9 (Exh. A)].

18.152.020 Applicability.

A. The provisions of this chapter shall apply to all new residential and mixed- use development projects where state law limits the city’s enforcement of design standards to objective standards or where state law or the city code requires a ministerial approval process.

B. The 2023 City of Concord Objective Design Standards are hereby adopted and incorporated by reference herein. [Ord. 23-6 § 9 (Exh. A)].

18.152.030 Relationship to other standards and requirements.

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Attachment 2
The city intends this chapter to establish reasonable, uniform and comprehensive standards and procedures for housing development within the city’s territorial boundaries, consistent with and to the extent permitted under federal and California State law. The standards and procedures contained in this chapter are intended to, and should be applied to, protect and promote public health, safety and welfare, and also balance the benefits that flow from robust, comprehensive housing development with the city’s local values, which include, without limitation, the aesthetic character of the city, its neighborhoods and community.

The provisions of this chapter are intended to supersede other chapters and design guidelines, except where noted below.

A. Standards for Applicable Zoning District. The 2023 Objective Design Standards supplement and are in addition to the development standards for the applicable zoning district in which a proposed project is located.

B. Subdivision Regulations. CMC Title 17 establishes regulations for the subdivision of land. Where conflict exists between the 2023 Objective Design Standards and the provisions of CMC Title 17, the provisions of CMC Title 17 shall govern.

C. Relation to Other Regulations. Where a conflict occurs between the requirements of the 2023 Objective Design Standards and other city requirements, the more restrictive provisions shall apply.

D. The 2023 Objective Design Standards provide language, diagrams, sketches, and graphics to assist developers and the public in understanding the standards and how they shall be applied to qualifying residential projects. [Ord. 23-6 § 9 (Exh. A)].

18.152.040 Exceptions.

A. Projects seeking to deviate or to not comply with the objective design standards are required to comply with Chapter 18.415 CDC, Design and Site Review.

B. Exempt Housing Projects. The provisions of this chapter are not applicable to:

1. Small lot subdivisions pursuant to Chapter 18.155 CDC.

2. Single-family detached homes as part of a major subdivision.

3. Accessory dwelling units as defined in CDC 18.200.180.

4. Renovations, additions, or expansions of existing residential buildings.

5. Mixed-use projects with less than two-thirds of the building square footage dedicated to housing.

6. Housing developed within the Concord Naval Weapons Station, which will have its own set of objective design standards developed as a part of the Concord Reuse Project Specific Plan. [Ord. 23-6 § 9 (Exh. A)].

18.152.050 Review and decision procedure.

A. The planning division shall be the review authority for projects subject to the objective design standards.

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Attachment 2
B. The developer shall submit all materials required by the planning division, including any materials required by checklists created pursuant to Chapter 18.405 CDC.

C. The review authority shall evaluate the application based on the project’s conformance with the objective development and design standards.

D. In approving a project subject to objective design standards, the planning division may impose conditions of approval as deemed necessary to:

1. Ensure that the proposal conforms to the general plan and other applicable plans or policies adopted by the city council;

2. Ensure that the proposal meets the requirements of the zoning district where the proposal is located, as well as any other applicable provisions of the Development Code; and

3. Comply with the objective design standards as adopted within this chapter.

E. Residential projects utilizing objective design standards are evaluated under a ministerial review process for conformance with this section. The review authority may restrict or deny a proposed residential design if it determines that the design is not consistent with the objective design standards. In this case, the project shall proceed through the design and site review process, consistent with Chapter 18.415 CDC. [Ord. 23-6 § 9 (Exh. A)].

18.152.060 Post-decision procedures.

The procedures and requirements relating to appeals, project revisions, issuance of a building permit, effective dates, lapse of approval, extensions, and revocations located in Division VIII of this title (Administration) shall apply following the decision on an application for an objective design standards review. To the extent any state law limits the total number of public hearings that may be held on a project, including appeals, the zoning administrator shall have the discretion, in addition to that already provided for within CDC 18.510.010, to refer the appeal directly to the council for a decision. [Ord. 23-6 § 9 (Exh. A)].

The Concord Municipal Code is current through Ordinance 24-3, passed March 5, 2024.

Disclaimer: The city clerk’s office has the official version of the Concord Municipal Code. Users should contact the city clerk’s office for ordinances passed subsequent to the ordinance cited above.

City Website: https://www.cityofconcord.org/
City Telephone: (925) 671-3495

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Attachment 3A

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City of Concord
Report Date: 05/17/2024
Description : NEW 3,604 SF DUPLEX AT REAR OF EXISTING HOUSE. THIS WILL INCLUDE A LOT SPLIT AND COMPLY WITH CALIFORNIA SB-9 GUIDELINES Address : 4041 GOLDEN AV, CONCORD, CA, 94521
Record Type : Building
Document Filename : 4041 Golden Ave Permit Set.pdf
Building Permit - Plan Check Comments
Application Number: B233178
Community Development Permits
1950 Parkside Drive
Concord, CA 94519
Attachment 3B

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Reviewer Name Reviewer Email Reviewer Phone
Benjamin Ulrey [email protected] 925-671-3058 Mitra Abkenari [email protected] 925-671-3439 TRB_Plus [email protected] 925-866-2633
Reviewer Contact Information:

Corrections in the following table need to be applied before a permit can be issued Comment ID Page Ref Annotation
Type
Reviewer : Department Status Review Comments
22 A2.0 Note TRB_Plus : Building Open EN1. Please list all requirements for the proposed ESS readiness on the plans at time of next submittal.
a. At least one of the following shall be provided:
i. ESS ready interconnection equipment with a mini-mum backed-up capacity of 60 amps and a mini-mum of four ESS-supplied branch circuits, or ii. A dedicated raceway from the main service to a panelboard (subpanel) that supplies the branch circuits in Section 150.0(s)(2). All branch circuits are per-mitted to be supplied by the main service panel prior to the installation of an ESS. The trade size of ther aceway shall be not less than 1 inch. The panel-board that supplies the branch circuits (subpanel) must be labeled “Subpanel shall include all backed-up load circuits.”
b. A minimum of four branch circuits shall be identified and have their source of supply collocated at a single panelboard suitable to be supplied by the ESS. At least one circuit shall supply the refrigerator, one lighting circuit shall be located near the primary egress and at least one circuit shall supply a sleeping room receptacle outlet.
c. The main panelboard shall have a minimum busbar rating of 225 amps. d. Sufficient space shall be reserved to allow future installation of a system isolation equipment/transfer switch within 3 feet of the main panelboard.

General Comments

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Comment ID Page Ref Annotation
Type
Reviewer : Department Status Review Comments
Raceways shall be installed between the panelboard and the system isolation equipment/transfer switch location to allow the connection of backup power source.

Comment remains outstanding.

Notes provided on plans, but main electrical panel size not specified (only electrical service connection) on plans. Please specify size and location of main electrical panel in compliance with the above
23 A2.0 Note TRB_Plus : Building Open EN2. Energy compliance forms specify gas tankless water heater to be provided. Please add notes to indicate the water heater shall include the following components [CEnC 150.0(n)1]:

Systems using gas or propane water heater to service individual dwelling unit units shall designate a space at least 2.5 feet wide and 7 feet tall suitable for the future installation of a heat pump heater (HPWH) by meeting either A or B below. All electrical components shall be installed in accordance with the California Electrical Code:
a. If the designated space is within 3 feet from the water heater, then this space shall include the following:
i. A dedicated 125-volt, 20-amp electrical receptacle connected with a 120/240-volt 3 conductor, 10 AWG copper branch circuit within 3 feet from the water heater and accessible to the water heater with no obstructions where:
ii. Both ends of the unused conductor shall be label with the word “spare” and be electrically isolated
iii. A reserved single pole circuit breaker space in the electrical panel adjacent to the circuit breaker for the branch circuit in (a) above and labeled with the words “Future 240V Use”;
iv. A condensate drain that is no more than 2 inches higher than the base of the installed water heater, and allows natural draining without pump assistance;
b. If the designated space is more than 3 feet from the water heater, then this space shall include the following:
i. A dedicated 240-volt branch circuit shall be installed within 3 feet from the designated space. The branch circuit shall be rated at 30 amp minimum.

The blank cover shall be identified as “240V ready”; and ii. The main electrical service panel shall have a reserved space to allow for the installation of a double pole circuit breaker for a future HPWH installation. The reserved space shall be permanently marked as “For Future 240V use”; and
iii. Either a dedicated cold-water supply, or the cold water supply shall pass through the designated HPWH location just before reaching the gas or propane water heater; and
iv. The hot water supply pipe coming out of the gas or propane water heater shall be routed first through the designated HPWH location before serving any fixtures; and
v, The hot and cold water piping at the designated HPWH location shall be exposed and readily accessible for future installation of an HPWH; and

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Comment ID Page Ref Annotation
Type
Reviewer : Department Status Review Comments
vi. A condensate drain that is no more than 2 inches higher than the base of the installed water heater, and allows natural draining without pump assistance.

Comment remains outstanding.

The above notes were provided on the plans. Please revise electrical plan to show the above required dedicated circuit.
24 A2.0 Note TRB_Plus : Building Open EN3. Please clarify whether the proposed cooktop is gas or electric cooktop. If gas, please include the following [CEnC 150.0(u)]:
a. A dedicated 240-volt branch circuit wiring shall be installed within 3 feet from the cooktop and accessible to the cooktop with no obstruction. The branch circuit conductors shall be rated at 50 amps minimum. The blank cover shall be identified as “240V ready.” All electrical components shall be installed in accordance with the California Electrical Code. b. The main electrical service panel shall have a reserved space to allow for the installation of a double pole circuit breaker for a future electric cooktop installation. The reserved space shall be permanently marked as “For Future 240V use.”
Comment remains outstanding.

The provided plans specify cooktop is electric. Please revise plans to specify dedicated electrical receptacle to be 240v/50 amp per the above requirements.
25 A2.0 Note TRB_Plus : Building Open EN4. Please clarify whether the proposed dryer is gas or electric. If gas, please address the following [CEnC 150.0(v)]:
a. A dedicated 240-volt branch circuit wiring shall be installed within 3 feet from the clothes dryer location and accessible to the clothes dryer location with no obstruction. The branch circuit conductors shall be rated at 30 amps minimum. The blank cover shall be identified as “240V ready.” All electrical components shall be installed in accordance with the California Electrical Code.
b. The main electrical service panel shall have a reserved space to allow for the installation of a double pole circuit breaker for a future electric clothes dryer installation. The reserved space shall be permanently marked as “For Future 240V use.”
Comment remains outstanding.

Plans specify dryer to be electric. Please specify dedicated electrical receptacle to be 240V / 30 amp minimum per the above requirements.

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Comment ID Page Ref Annotation
Type
Reviewer : Department Status Review Comments
37 A2.0 Note TRB_Plus : Building Open E2. Specify size and location of main electrical panel and any proposed electrical sub panels for each of the proposed dwelling units.

Comment remains outstanding.
150 amp electrical service meter is called out on plans. Please address the following for the main electrical panel and sub panels:
a. Specify size and location of main electrical panel.
b. Note that per CEnC 150.0(s), main electrical panel bus bar shall have 225 amp minimum busbar rating.
c. Electrical sub panel is called out at rated dwelling unit separation, please provide enlarged construction details showing how the 1 hour rating is maintained at the proposed penetrations.
d. Specify size of the proposed electrical sub panels.
54 ARCH Note TRB_Plus : Building Open P2. Provide an isometric of the gas line with the gas demand of all proposed gas appliances and the size and length of all pipe segments. Refer to CPC 1208.4 for further information on sizing of the gas piping system and CPC table 1208.4.1 for typical gas demand of appliances.

Comment remains outstanding.

Based on the provided gas line isometric, the proposed Unit 1 and Unit 2 gas line are to be fed from the main dwelling gas connection. Please revise site plan on sheet A1.0 to specify location of existing point of connection for the proposed gas line.
61 C2.1 Callout Mitra Abkenari : Engineering Open Indicate the sewer clean out at the property line. 62 C2.1 Callout Mitra Abkenari : Engineering Open There is no downspout in this corner? 63 C2.1 Callout Mitra Abkenari : Engineering Open Construct driveway per City of Concord standard detail S-14.

An encroachemnt permit is required from the engineering division for any work within the public right of way.
55 A3.0 Callout Benjamin Ulrey : Planning Open Please provide paint colors in conformance with requirements outlined in Chapter 2, subsections 7 and 8 (page 14 and 15) of the Objective Design Standards. Paint should also meet requirements listed in Neighborhood Standards 9.e on page 65.
56 A3.0 Note Benjamin Ulrey : Planning Open Please provide information that this project meets requirements of Chapter 2, subsection 7.b for sustainable building materials.
57 ARCH Callout Benjamin Ulrey : Planning Open Please provide dimensions for the patios. Please ensure compliance with Chap 5, subsection A.1.f regarding patios.
59 ARCH Callout Benjamin Ulrey : Planning Open Please reach out to Tyce Dekker in Public Works for tree removal approvals 925-671-3064. The application for tree removal permits can be found here:
https://www.cityofconcord.org/FormCenter/Public-Works-16/Protected-Tree- Removal-Permit-Applicatio-70
60 ARCH Note Benjamin Ulrey : Planning Open Please apply for the lot split via the Engineering Division. Planning will not approve this building permit (B233178) until the lot has been formally split.

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Please provide dimensions for the patios.

Please ensure compliance with Chap 5,
subsection A.1.f regarding patios.

Project is within 1/2 mile of bus stop along Clay ton R oad.

E x empt from park ing req uirements under S B 9 .

Please reach out to T y ce D ek k er in
Public W ork s for tree removal
approvals 9 2 5-6 7 1-3 0 6 4 . T he
application for tree removal permits
can be found here:
https://www.city ofconcord.org/F orm
Center/Public-W ork s-16 /Protected-T
ree-R emoval-Permit-Applicatio-7 0

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Please provide paint colors in conformance with req uirements outlined in Chapter 2 , subsections 7 and 8 (page 14 and 15) of the O bjective D esign S tandards. Paint should also meet req uirements listed in N eighborhood S tandards 9 .e on page 6 5.

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Indicate the sewer clean
out at the property line.

Construct driveway per City of
Concord standard detail S -14 .

An encroachemnt permit is
req uired from the engineering
division for any work within the
public right of way .

T here is no downspout in
this corner?

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Objective Design Standards
One Year Update - Presentation
Joan Ryan
Principal Planner

City Council
September 10, 2024

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Project Goals
2 • Meet State law to streamline housing production.
• Create measurable standards to apply to residential projects when the City’s discretionary review is limited or prohibited.
• Support Concord’s tradition of high-quality design.
• Maintain consistency with City’s Housing Element (2023-2031).

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Background
3 • Aug. 22, 2023 – City Council adopted (5-0) Resolution 23-6 (Objective Design Standards).
• Sept. 12, 2023 – Second reading of the Ordinance.
• Oct. 12, 2023 – Effective date of Objective Design Standards Ongoing
• City Council requested a one-year update on implementation (September 2024) • Two-year check-in with any proposed amendments (September 2025)

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T o Assist Developers and the Public
4 Staff prepared for public use:
• Dedicated ODS webpage
• An updated application and Design and Site Review checklist • Creation of a new supplemental checklist
• A compilation of FAQs
• Process flow chart showing the ODS design review process vs. traditional • Conducted training of staff on standards and processes

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Refinements to ODS – first year
5 Tracking refinements
• Minor modifications - minor corrections, clarifications, simplifications, and interpretation of ambiguous standards.
• Substantive changes - require amendments to the CDC 18.152 and/or the 2023 City of Concord Objective Design Standards document. To be addressed at the year two post-adoption with review by the DRB, Planning Commission, and Council by September 2025.

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When do the standards apply?
6 • When City’s discretionary review is limited or prohibited. • Housing Accountability Act, Senate Bill (SB 35) (Streamlining), SB 330 (Housing Crisis Act), SB 9 (HOME Act), AB 2011 and SB 6 (Mixed Use/Commercial) projects and other qualifying affordable housing projects.
• In general, multi-family residential projects, emergency shelters, SROs, group housing, and duplexes/new units under SB 9.

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When do the standards not apply?
7 • Commercial projects
• Existing buildings proposing renovations, additions, remodels • Historic projects
• Major subdivisions including small lot development
• Mixed use projects with less than 2/3 housing (sq. ft.) • ADUs
• CNWS

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Involvement of ad-hoc committee
8 • Application of objective standards to also apply to small lot residential development. • Housing Element Objective 9.1
• Work to begin on these new regulations in the fall of 2024. • Staff is asking the Mayor to appoint a new ad-hoc committee to work with staff on the small lot residential ODS standards.
• Role would be to assist staff to develop recommendations that would go before the Planning Commission for review and then the full Council for review and adoption.

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Requested one-year revisit/update
9 Council requested the following update:
1) Streamlining progress
2) Successes and challenges
3) Any concerns identified resulting in unintended consequences 4) Resulting designs too plain or monotonous
5) Identification of any new legislation or gaps that may require objective design standards

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1. Streamlining progress
10 • Benefits of ODS for streamlining remain uncertain. Not an adequate sample size of projects, but they appear to be effective.
• Year 2 should provide a better assessment; with more housing applications where the ODS would apply and projects with vested rights (pre-ODS adoption) would no longer be an issue.
• By September 2025 there should be a better understanding on whether amendments are needed; none stand out at this time.

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2. Successes and challenges
11 Perception of Standards
• Initial challenges were related to new applicants unfamiliar with processing projects (e.g. SB 9 projects).
• It’s a learning curve - Staff is implementing a new process with a lengthy checklist.

This will improve with use and experience.

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3. Unintended consequences
12 • SB 9 project applicants - view the ODS as cumbersome given the designs are for a single-family home or a duplex and can be perceived by applicants as more stringent. • Staff is addressing - by encouraging applicants to meet early in the process to discuss the design requirements.
• Time and cost savings - appear evident in the long run, given a ministerial review by staff.

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4. Resulting designs
13 • Limited experience based on the housing submittals to date. • Combination of the current housing market and many projects had already been vested, prior to the effective date of the ordinance.
• Attachments 3a and 3b provide examples for SB 9 projects that have been approved using ODS.
• Staff should have a better assessment of design outcomes during the next year.

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5. Identification of gaps
14 Staff has identified the following gaps:
• Small lot subdivision standards (planned to start this fall, 2024-2025); • Major subdivisions that are not small lot subdivisions (not recommending); and • Rehabilitation of existing structures to be used for emergency shelters, supportive housing, and low barrier navigation centers.

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Recommendation
15 Staff recommends that you:
1) Receive the one-year update; and
2) Mayor consider and/or announce the establishment of a Council ad-hoc committee.

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16 Questions?

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Staff Report
Date: September 10, 2024
To: Concord City Council
From: Valerie Barone, City Manager
Prepared by: Valerie Barone, City Manager
[email protected]
925/671-3150
Mindy Gentry, Planning Manager
[email protected]
925/671-3369
Frank Abejo, Principal Planner
[email protected]
925/671-3128
Subject: Considering a recommendation from the Housing & Economic Development Council Committee for the City Council to direct staff to proceed with a City-initiated Concord Municipal Code amendment that would allow for vehicle and equipment rental facilities with outdoor storage in the Industrial Mixed Use (IMX) zoning district, and related issues.

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

Report in Brief
On July 1, 2024, the Housing & Economic Development Council Committee (HED Committee) (Obringer and Nakamura) reviewed a referral from the full City Council (Council) to consider whether the City of Concord (City) should initiate a Concord Municipal Code amendment to allow commercial vehicle rentals in the Industrial Mixed

5.b5.b5.b5.b5.b5.b5.b5.b5.b5.b

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City Council Agenda Report
Agenda Item No. 5.b
September 10, 2024
Use (IMX) zoning district, which would include outdoor storage1 of commercial vehicles.

The HED Committee is recommending to the full Council that it direct City staff (Staff) to prepare such an amendment for future consideration.

The HED Committee consideration of this topic was initiated by Mayor Birsan and supported by the full Council. The Mayor brought the concern forward to Council in response to Mr. Claude-Alix Bertrand, the owner of the business “Boxes for Moving and Storage,” which also rents U-Haul vehicles, located at 995 Detroit Avenue, being the subject of a code enforcement action for renting U-Haul vehicles in the IMX zoning district and for storing U-Haul trucks on the public roadway, neither of which is currently allowed by Concord Municipal Code (CMC).

HED Committee Recommended Action
The HED Committee recommended that Council direct Staff to develop CMC amendments for future consideration that would allow certain vehicle rentals as a permitted land use, including outdoor storage of said vehicles on private property, in the Industrial Mixed Use (IMX) zoning district.

Further, the HED Committee recommended that Council’s direction to Staff include the following:
 The City’s general fund carry the approximately $9,000 to $20,000 cost of the CMC changes by having the effort be a City-initiated project.  Staff propose the simplest and narrowest solution to the CMC amendments to accommodate the operational needs of the Boxes for Moving and Storage business at 995 Detroit Avenue (changes would also benefit similar businesses throughout the IMX district).
 Criteria that the HED Committee thought might help achieve this direction included:
o Limiting vehicle rentals to only those that are 20-feet in length or less, and businesses that maintain 10 or fewer rental vehicles.
o Potential changes to the outdoor vehicle storage regulations such that there is more flexibility in where vehicles may be stored, so long as the storage locations are not on the public street and not visible from a public street, and the locations do not occupy required customer and employee parking spots.
1 Concord Municipal Code Section 18.20.030, Definitions, defines outdoor storage as “the keeping, in a roofed area, or partially roofed area or open roofed canopy, of any goods, material, merchandise, or vehicles in the same place for more than 24 hours, except for building materials required for construction work on the premises pursuant to a valid and current building permit issued by the city for outdoor retail sales.”

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City Council Agenda Report
Agenda Item No. 5.b
September 10, 2024
Background
The CMC defines the IMX district as follows (Attachment 1):

IMX district is applied to areas of the City appropriate for a mix of light industrial, offices, and live/work facilities at an intensity of 1.0 FAR. Light industrial uses include warehouse, research and development, and artists’ studios. The IMX district allows ancillary restaurant, retail, and service activities that serve employees and provide business-support services.

The CMC specifically disallows commercial vehicle and equipment rentals2 in the IMX district. The use is allowed in Industrial Business Park (IBP) and Service Commercial (SC) zoning districts. Additionally, CMC Section 18.150.120 (Attachment 2) specifies which zoning districts allow outdoor storage. Outdoor storage is currently not allowed in the IMX district. The zoning districts most similar to IMX where outdoor storage is allowed (e.g., Industrial Business Park and Service Commercial), require locating the storage along the side and rear yards of a property and only when enclosed by a solid eight-foot masonry wall with landscape screening. Storage is not allowed in the front yard or street facing yards. And, regardless of zoning district, all commercial businesses are disallowed from using the City streets for commercial vehicle or equipment storage.

Further, the CMC prohibits businesses from using employee and customer parking areas for the “sale, lease, display, repair, or storage of vehicles, trailers, boats, campers, mobile homes, merchandise, or equipment…” Rather, there must be a dedicated storage area meeting the outdoor storage requirements as identified.

The business at 995 Detroit Avenue is currently the subject of a temporarily suspended code enforcement action for renting U-Haul vehicles in the IMX zoning district, which use is not permitted under current CMC provisions.

Analysis
The HED Committee considered a staff report and discussed options, (Attachment 3, staff report and the meeting’s annotated agenda). Each option the Committee considered is presented below, starting with the HED’s Committee’s selected option.  HED Committee Selected Option—City-Initiated CMC Amendments: Ask the full Council to direct Staff to add, as a City-initiated and general-fund-paid project, consideration of amending the CMC to address outdoor storage location and screening requirements and to add limited commercial vehicle and equipment 2 Pursuant to CMC Section 18.20.020, Use classifications, commercial vehicle and equipment rental falls under the Vehicle and Equipment Facilities land use. This land use defines commercial vehicles and equipment as a facility that sells/rents or services and makes repairs to construction, farm, other heavy equipment, as well asl vehicles for moving or towing property (such as cranes, earthmoving equipment, forklifts, tractors, heavy trucks, cargo tracks, vans, and trailers).

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City Council Agenda Report
Agenda Item No. 5.b
September 10, 2024
rentals within the IMX District. This approach would direct Staff to draft the requested amendments, with the costs for processing carried by the City’s general fund. This is not the City’s traditional approach to resolving code enforcement concerns related to existing private businesses and is not consistent with the Council-adopted “User Fees and Charges Recovery” Policy and Procedure 170 (“Fee Policy”) (Attachment 4), as this option focuses on one particular business (i.e. a private benefit) rather than offering a community-wide benefit.
o If selected, this approach requires Council to provide feedback to Staff on how this new Council-initiated project ranks in priority against the Council’s established Tier 2 priority goal3 of updating the City’s sidewalk vending regulations this fiscal year.
 Private-Business-Initiated CMC Amendments: Ask the full Council to support accepting an application to amend the CMC, if applied for by the business or property owner, to amend the outdoor storage location and screening requirements and add limited commercial vehicle and equipment rentals within the IMX district. This approach would require the business owner to carry the cost of the processing the application.

Planning Commission review and recommendation to Council would be required with the Council being the final decision makers. The cost for such a request is based on actual costs (i.e. staff time). The applicant would be required to place $20,000 into a trust account with staff time charged against the trust account on an hourly basis. Processing of the application would take between six and nine months, depending upon the level of environmental review required. Because the private business or property owner would carry the cost of the processing of the request, which will directly benefit the business and property, it is consistent with the Council’s Fee Policy. The Council Fee Policy states that projects that benefit private individuals/properties should carry their full costs. This approach is the traditional way a concern related to a particular use having conflicts with the CMC is addressed.
 Allow the Referral to End in Committee—Make No Recommendation to the Full Council: Decide to let this matter end in Committee and make no referral to the full Council. This approach would not preclude the business or property owner from applying for CMC amendments they desire relating to outdoor storage location and screening requirements and adding commercial vehicle and equipment rentals within the IMX district.
3 The Council has adopted Tier 1 goals for this fiscal year (see Attachment 5), which are the most significant focus of the Council and City organization. Tier 2 goals, of which Council adopted one related to updating the City’s mobile street vending regulations, are important to Council but are only to be worked on if doing so does not derail a Tier 1 goal and Staff and resources are available to accomplish it.

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City Council Agenda Report
Agenda Item No. 5.b
September 10, 2024
Additional Relevant Information:
 Maps of the IMX zoning districts are attached to this staff report (Attachment 6), so Council and the public can view those areas. This is relevant as any change made to the IMX district will impact the entire district. It is Staff’s observation that the IMX district, specifically in the area around 995 Detroit Avenue, has developed into a quality light-industrial area and Council should consider whether a commercial vehicle rental business supports light industrial investment.  The site in question at 995 Detroit Avenue could not successfully store vehicles on site given the layout of the building, the multiple tenants within the building, and outdoor storage requirements. See the attached site map (Attachment 7).

This is likely true even if the CMC were changed to allow storage of vehicles in the front yard without screening—due to the parcel’s size and that the parking area is shared with other tenants within the building. As stated above, the CMC does not allow required parking areas to be used for the storage of commercial vehicles for rent. Mr. Betrand, the owner of the business, has indicated he can store his vehicles at a nearby IMX zoned property that is not visible from the public street. Mr. Betrand indicates he no longer stores his vehicles on the public street.
 Changing the outdoor storage requirements could have a significant impact on other zoning districts within the City as the requirements are currently applied in the same manner in all zoning districts that allow outdoor storage. Council will likely want to minimize the applicability of changes to the outdoor storage requirements and concentrate solely on the IMX district. Attachment 8 has a map of all current Zoning Districts that allow outdoor storage.  The City may suspend enforcement efforts if a property/business owner is in the process of obtaining the permits or code amendments needed from the City to allow resolution of their code case and is diligently pursuing those approvals and cooperating/communicating with the City. The current code enforcement case for the U-Haul rental operations at 995 Detroit Avenue is still an open case, but it is temporarily suspended while the Council considers its next actions. If Council directs Staff to proceed with CMC amendments as a City-initiated project, the enforcement action would remain on hold until such a time as Council acts on a future zone change. If Council does not direct Staff to process the CMC amendments as a City-initiated action, then the business/property owner would be allowed one month to apply for the necessary CMC amendments. During that one-month period, and until City action on the requested CMC amendments, the City’s code enforcement effort would remain suspended. If the business owner failed to submit before the expiration of the month, enforcement would be reinitiated to obtain compliance with CMC provisions as they currently stand.

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City Council Agenda Report
Agenda Item No. 5.b
September 10, 2024
Environmental Determination
Pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(3), and/or 15378, City Council action on this item is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, and falls within the “common sense” 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.” Optional language in some cases: No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. This determination reflects the City’s independent judgment and analysis. Individual projects will undergo CEQA analysis as necessary.

Fiscal Impact
The anticipated cost of Staff working on a CMC amendment performed as a City- initiated project is anticipated to be between $9,000 and $20,000 based on past focused CMC amendments. Actual costs are not known at this time, as those depends upon number of hours worked and the level of CEQA review required. These costs would be carried by the City’s general fund if the HED Committee’s recommended approach is supported by a majority of the Council.

Attachments

1. Concord Municipal Code Chapter 18.50—Industrial Uses

2. Concord Municipal Code Section 18.150.120—Outdoor Storage Regulations

3. July 1, 2024, HED Committee Staff Report & Annotated Agenda

4. Policy and Procedure 170--User Fees and Charges Recovery

5. Council’s 2024-2025 Priorities

6. Map of IMX Districts

7. Aerial view of 995 Detroit Avenue

8. Map showing all Zoning Districts that allow outdoor storage.

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Concord Municipal Code
Chapter 18.50

BUSINESS PARK AND INDUSTRIAL DISTRICTS (OBP,

IBP, IMX, AND HI)
Sections:

18.50.010 Purpose.

18.50.020 Table 18.50.020 – Business park and industrial districts – Allowed uses and permit requirements.

18.50.030 Table 18.50.030 – Business park and industrial districts – Development standards.

18.50.010 Purpose.

This chapter lists the uses that may be permitted within the business park and industrial zoning districts, the type of permit or approval required for each use, and basic development standards for the site and building. The purpose of each district is as follows:

A. OBP – Office Business Park. The OBP district is applied to areas of the city appropriate for campus-like office complexes and business parks at an intensity of 0.8 FAR.

This district allows ancillary restaurant, retail, and service activities that serve employees and provide business-support services. Commercial recreation and similar uses that require large warehouse-style buildings may be allowed. The OBP district does not allow uses that require outdoor facilities, storage, or activities. The OBP district is found in North Concord including North Point, Concord north industrial, and Willow Pass Business Parks, along Arnold Industrial Way and Bates Avenue bounded by Port Chicago Highway and Solano Way; Stanwell Business Park; and the northern portion of the Detroit Avenue/Shary Circle Business Park. The OPB district is consistent with and implements the business park (BP) land use designation of the general plan.

B. IBP – Industrial Business Park. The IBP district is applied to areas of the city appropriate for a mix of light industrial uses, warehouse and flex spaces, research and development, wholesale, and offices with limited customer access at an intensity of 0.8 FAR. The IBP district allows uses that require outdoor storage or activities when the outdoor facilities are not visible from a public street and are screened by a building or solid eight-foot wall. Commercial recreation and similar uses that require large warehouse-style buildings may be allowed. The IBP district is found in North Concord on Forni Drive, Bates Avenue, west of Port Chicago Highway and north of Bates Avenue, Industrial Way, Folsom Lane, Nelson Avenue; and the North Hillcrest area south of State Route 4, on Arnold Industrial Place and Solano Way; Franquette Avenue; and the northern portion of Detroit Avenue/Shary Circle Business Park. The IBP district is consistent with and implements the business park (BP) land use designation of the general plan.

C. IMX – Industrial Mixed-Use. The IMX district is applied to areas of the city appropriate for a mix of light industrial, offices, and live/work facilities at an intensity of 1.0 FAR. Light industrial uses include warehouse, research and development, and artists’ studios. The IMX district allows ancillary restaurant, retail, and service activities that serve employees and provide business-support services. The IMX district allows ancillary restaurant, retail, and service activities that serve employees and provide business-support services. Uses that require outdoor facilities, storage, or activities may only be allowed if a use permit (UP) is reviewed and approved pursuant to Chapter 18.435 CDC (Minor Use Permits and Use Permits). The IMX district is found in the North Hillcrest area south of State Route 4, properties on Arnold Industrial Place, and the Attachment 1

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southern portion of the Detroit Avenue/Shary Circle Business Park. The IMX district is consistent with and implements the industrial mixed-use (IMU) land use designation of the general plan.

D. HI – Heavy Industrial. The HI district is applied to areas of the city appropriate for a mix of manufacturing, refining, processing, assembly, outdoor storage uses, trucking terminals, railroad and freight stations, and similar activities that may impact adjacent properties due to noise, vibration, or other characteristics. The HI district also provides for warehousing, distribution, and port- related uses. Building intensity may be up to 0.6 FAR. The HI district is found in the North Concord unincorporated area bounded by State Route 4, Mallard Reservoir, and the Walnut Creek Channel.

The HI district is consistent with and implements the heavy industrial land use designation of the general plan. [Ord. 17-425.1 § 1 (Exh. A); Ord. 15-5 § 1; Ord. 12-4. DC 2012 § 122-176].

18.50.020 Table 18.50.020 – Business park and industrial districts – Allowed uses and permit requirements.

ZC ZC ZC ZC
Contractor Yard, with Outdoor
Storage
– ZC – ZC
Fleet-Based Service – ZC AP(2) ZC
Freight and Truck Terminal – – – UP
Heavy Vehicle and Large Equipment, Sales/Rental, Service, and Repair Commercial Vehicle and
Equipment
– AP – ZC
Recreational Vehicle – AP – ZC
Laboratory, Research,
and Development
ZC(3) ZC ZC(3) ZC

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ZC ZC ZC ZC
Media Production Facility ZC ZC ZC –
Storage
Hazardous Materials – – – UP
Self-Storage Facility, Mini-
Storage

UP UP UP UP
Vehicle – – – AP
Towing Services – – – AP
Warehouse with No Outdoor
Storage
ZC(3) ZC ZC(3) ZC
Warehouse, with Outdoor Storage – AP – AP
Wholesaling and Distribution ZC ZC(2,
6)
ZC(2,
6)
ZC(2)

Office, Commercial, and Retail Uses
Adult Day Care Center UP – UP –
Adult-Oriented Business – UP UP – Chapter 18.210 CDC, Adult-Oriented Businesses Animal Services
Boarding, Kennel AP AP AP –
Dog Day Care, Training AP AP AP –
Grooming AP AP AP –
Hospital, Veterinary Clinic AP AP AP –
Antique, Collectible Store – – – –
Automobile Sales and Rental/Leasing
Auction – – – ZC

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Table 18.50.020 – Business Park and Industrial Districts(7) Allowed Uses and Permit Requirements
ZC = Permitted Use, Zoning Clearance Required
AP = Administrative Permit Required
MP = Minor Use Permit Required
UP = Use Permit Required
6409 = Section 6409 Application
– = Use Not Allowed
Land Use Classifications
Permit Required
by District Additional Requirements
OBP IBP IMX(7) HI
Brokers, Office Only ZC ZC ZC –
Brokers, Office with Vehicle
Display
AP ZC AP –
Dealership, New UP UP – –
Dealership, Used – – – –
Dealership, Motorcycle – UP – –
Rental – – – –
Automobile Services and Repair
Car Wash, Attended – – – – CDC 18.200.090, Gas stations and car washes Car Wash, Unattended – – – – CDC 18.200.090, Gas stations and car washes Gas Station – – – – CDC 18.200.090, Gas stations and car washes Auto Maintenance Services – – – –
Major Repair/Body Work – – – –
Minor Repair – – – –
Banks and Financial Services
Bank, Credit Union ZC ZC ZC –
Bank with Drive-Through
Service
UP – – – CDC 18.200.060, Drive-through facilities
Check Cashing Business – UP – –
Building Materials Sales and Services
No Outdoor Storage ZC ZC ZC –
With Outdoor Storage – ZC(2) – – CDC 18.200.160, Outdoor sales and displays Business Support Services ZC ZC ZC –
Catering Services ZC ZC ZC –
Eating and Drinking Establishments
Bar, Night Club, Lounge – – – – CDC 18.200.080, Entertainment uses Food Vendor Group Site AP AP AP – CDC 18.200.210, Food vendor group sites Micro-Brewery/Distillery MP MP MP – CDC 18.200.040, Alcoholic beverage sales Micro-Brewery/Distillery,
Large(6)
UP UP UP – CDC 18.200.040, Alcoholic beverage sales
Restaurant, Full Service AP(1) AP(1) AP(1) –

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ZC ZC ZC ZC
Office with Outdoor
Storage/Activities
– AP – ZC
Nursery, Preschool, Childcare AP AP MP(5) – CDC 18.200.050, Child day care facilities Offices
Administrative,
Information Processing
ZC ZC ZC –
Professional ZC ZC(6) ZC
Personal Services
General AP(1) AP(1) AP(1) –
Improvement, Instructional AP AP AP –
Restricted – – – –
Repair Service, Appliance and
Small Equipment
ZC(3) ZC(2) ZC(3) ZC
Retail Sales
Big Box UP UP – –
General ZC(1) ZC(1) – –

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Residential Uses
Bed and Breakfast Inn – – – –
Dwelling, Dwelling Unit, Housing Unit
Single-Family, Detached – – – –
Single-Family, Detached –
Small Lot Subdivision
– – – –
Single-Family, Attached – – – –
Duplex – – – –
Multifamily – – – –
Family Day Care Home, Small – – ZC(5) – CDC 18.200.050, Child day care facilities Family Day Care Home, Large – – MP(5) – CDC 18.200.050, Child day care facilities Group Housing – ZC ZC –
Home-Based Business – – ZC(5) – CDC 18.200.100, Home-based businesses Live/Work Unit – – MP – CDC 18.200.110, Live/work or work/live units Mixed-Use Projects – – UP –
Mobile Home Park – – – –
Residential Care Facility, Small – – – –
Residential Care Facility, Large – – – –
Residential Facility for Seniors,
Assisted Living
– – – –
Supportive Housing, Multifamily – – – –
Supportive Housing, Single-Family – – – –
Transitional Housing, Multifamily – – – –
Transitional Housing, Single-
Family
– – – –
Work/Live Unit – – MP – CDC 18.200.110, Live/work or work/live units

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Public/Quasi-Public and Recreational Uses
Airport – – – –
Ambulance Service AP ZC ZC –
Cannabis Uses
Commercial Cultivation – – – –
Distribution (Type 11) AP AP – – Only allowed in the
commercial cannabis overlay district (see
Chapter 18.110 CDC) and if a city cannabis
distributor (Type 11) license has been approved
by the chief of police, pursuant to
Chapter 5.80 CMC.

Distribution Transport Only
(Type 13)
AP AP – – Only allowed in the
commercial cannabis overlay district (see
Chapter 18.110 CDC) and if a city cannabis
distributor transport only (Type 13) license has
been approved by the chief of police in
conjunction with a primary license, pursuant to
Chapter 5.80 CMC.

Indoor
Personal Cannabis Cultivation
ZC ZC ZC ZC Up to six plants per residence, pursuant
to state law
Industrial Hemp Cultivation – – – –
Manufacturing AP AP – – Only allowed in the
commercial cannabis overlay district (see
Chapter 18.110 CDC) and if a city cannabis
manufacturer license has been approved by the
chief of police, pursuant to Chapter 5.80 CMC.

Microbusiness AP AP – – Only allowed in the
commercial cannabis overlay district (see
Chapter 18.110 CDC) and if a city cannabis
microbusiness license has been approved by the
chief of police or city, pursuant to
Chapter 5.80 CMC.

Non-Storefront Retail AP AP – – Only allowed if a city cannabis non-storefront retailer license has been approved by the city,
pursuant to Chapter 5.80 CMC.

Storefront retail – – – –
Testing Laboratory AP AP – – Only allowed in the
commercial cannabis overlay district (see
Chapter 18.110 CDC) and if a city cannabis

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Cemetery, Columbarium,
Mausoleum
– – – –
Conference, Convention Facility UP UP – –
Cultural Institution – – – –
Emergency and Homeless Shelter ZC ZC ZC – CDC 18.200.070, Emergency and homeless shelters
Farmers’ Market – – – –
Funeral Parlor, Mortuary – – – –
Government Office ZC ZC ZC ZC
Heliport – – – UP
Library ZC ZC ZC –
Medical
Hospital, Medical Center – – – –
Medical Services Facility AP AP – –
Nursing Facility/Extended Care – – – –
Urgent Care Facility MP(1) MP(1) – –
Meeting Facility, Public/Private UP UP – –
Military – – – –
Parking Facility AP AP AP –
Public Maintenance and Service
Facility
– AP(4) – ZC(4)
Recreational Facilities
Bingo Hall UP UP – –
Commercial Recreation, Indoor AP AP AP –
Golf Course, Country Club – – – – CDC 18.200.130, Mechanical and electronic games
Park and Recreation Facility ZC ZC ZC –
Residential Recreation Facility – – UP –
Sports and Entertainment,
Assembly
– – – UP CDC 18.200.080, Entertainment uses

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ZC ZC ZC ZC
Wireless Communications Facility AP,
MP
or
6409
AP,
MP
or
6409
AP,
MP
or
6409
AP,
MP
or
6409
Chapters 18.205 and 18.207 CDC

Open Space and Agricultural Uses
Companion Animal, Horses, Fowl – – – –
Community Gardens MP MP AP –-
Crop Production, Orchard,
Vineyard

ZC ZC ZC ZC
Livestock, Grazing – – – –
Mining and Quarrying – – – UP
(1) Allowed to occupy up to 20 percent of: gross area of shopping center, multi-tenant building, or 20 percent street frontage of one building.
(2) Outdoor sales, activities, or storage allowed in side or rear yards when enclosed by an eight-foot-tall masonry wall and materials do not exceed wall height.
(3) No outdoor facilities, storage, or activities are allowed.

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(4) Allowed if occupying less than 80,000 square feet of gross floor area. (5) Allowed with residential use only.
(6) A facility which exceeds 3,000 square feet.
(7) Notwithstanding anything in this table to the contrary (including ZC, AP, or MP notations), outdoor facilities, storage, or activities may only be allowed in the IMX district if a use permit (UP) is reviewed and approved pursuant to Chapter 18.435 CDC (Minor Use Permits and Use Permits). [Ord. 21-2 § 5 (Exh. G); Ord. 20-4 (Exh. B); Ord. 19-5 § 1 (Exh. F); Ord. 18-3 § 7 (Exh. A); Ord. 17-13 § 3 (Exh. A); Ord. 17-11 § 3 (Exh. 5); Ord. 17-5 § 2 (Exh. I); Ord. 17-2 § 2 (Exh. H); Ord. 15-5 § 1; amended during 2014 recodification; Ord. 14-6 § 7; Ord. 13-5; Ord. 12-5; Ord. 12-4. DC 2012 § 122-177].

18.50.030 Table 18.50.030 – Business park and industrial districts – Development standards.

Subdivisions, new uses and structures, and alterations to existing uses and structures shall be designed, constructed, and established in compliance with the requirements specified in Table

18.50.030. Additional requirements may apply pursuant to Division IV (Development Standards) and Division V (Standards for Specific Uses) of this title.

Table 18.50.030
Business Park and Industrial Districts
Development Standards(1)
Standards OBP IBP IMX HI Additional Standards
Floor Area Ratio (FAR) maximum 0.80 0.80 1.00 0.60
Lot Area (square feet) minimum 40,000 20,000 10,000 40,000 Lot Width (feet) minimum
Interior Lot 100 100 100 100
Corner Lot 100 100 110 100
Lot Depth (feet) minimum 100 100 100 100
Building Height (feet) maximum 50 35 50 50
Setbacks (feet) minimum(3)
Front 20 20 20 30
Interior Side 10 10 10 10 CDC 18.150.180, Transitional
requirements
Corner Side 20 20 20 20
Rear 10 10 10 10 CDC 18.150.180, Transitional
requirements
R District Boundary (feet)
maximum
40 40 20 50

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Table 18.50.030
Business Park and Industrial Districts
Development Standards(1)
Standards OBP IBP IMX HI Additional Standards
C District Boundary (feet)
minimum
15 15 15 15
(1) Additional requirements may apply pursuant to Division IV (Development Standards) and Division V (Standards for Specific Uses) of this title.
(2) Unless otherwise approved through a planned unit development (PUD). (3) Measured from property line or back of sidewalk (whichever is less) to the face of building or structure. [Ord. 13-5; Ord. 12-4. DC 2012 § 122-178].

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Concord Municipal Code
Section 18.150.120
Outdoor Storage

18.150.120 Outdoor storage.

A. Purpose. This section establishes requirements for the outdoor storage of goods, materials (except temporary storage of construction materials associated with an active building permit), machines, vehicles, and other equipment.

B. Applicability. The requirements of this section shall apply to outdoor storage in zoning districts listed in Table 18.150.120.

C. Exceptions. The standards in this section shall not apply to outdoor sales and display areas for retail uses such as automotive sales, nurseries, and garden centers subject to the requirements of CDC 18.200.160, Outdoor sales and displays, and outdoor storage associated with a residential use.

D. Permitted Locations. Outdoor storage may be permitted when incidental to, and located on the same property as, a principally permitted use in accordance with the following table and standards. Storage in zoning districts not listed in the table below must be located within an enclosed building.

Table 18.150.120
Outdoor Storage Regulations
By Zoning District
Zoning District Requirement
HI (Heavy Industrial), IBP (Industrial Business
Park), PS (Public and Semi-Public), SC
(Service Commercial)
Permitted in side and rear yards when enclosed by a solid eight- foot masonry wall with landscape screening. Not permitted in front yards or street facing yards.

OS (Open Space), PR (Parks and
Recreation), RL (Rural Lands Conservation),
WC (Wetlands Resource Conservation)
Permitted if associated with a permitted agricultural use, and not located within a required setback.

E. Screening Requirements.

1. Outdoor storage areas shall be screened by an eight-foot-high, solid masonry wall.

2. Access gates and doors may be constructed of open wrought iron or metal pickets if a perforated metal screen or other durable material is incorporated into the design that obscures Attachment 2

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views through the gate. Chain link gates with slatted or fabric screening are not permitted unless the gate is not visible from off-site views.

3. Stored materials and equipment shall not extend above the height of the screen wall.

4. The screen wall shall not be located within any required front yard or street side yard setback area.

5. A landscaped area with a minimum dimension of 10 feet shall be provided in front of the wall.

6. Outdoor storage areas shall not be visible from public streets, freeways, residential district, public open space area, parking area, access driveway, or similar thoroughfare. [Ord. 12-4.

DC 2012 § 122-305].

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Staff Report

Date: July 1, 2024

To: Council Committee on Housing & Economic Development

From: Valerie Barone, City Manager

Prepared by: Valerie Barone, City Manager
[email protected]
925/671-3150

Mindy Gentry, Planning Manager
[email protected]
925/671-3369

Subject: Considering a referral from the full Council of Mayor Birsan’s request that the Committee consider whether to recommend to the full Council a request to amend the Development Code allowing for “vehicle and equipment facilities” with outdoor storage in the Industrial Mixed Use (IMX) zoning district, and related issues.

Report in Brief
Mayor Birsan has been in communication with the owner of the Boxes for Moving, Shipping, and Storage, which also provides the rental of U-Haul vehicles, located at 995 Detroit Avenue, Mr. Claude-Alix Bertrand (“Business Owner”). The property owner, where the business leases space, received a code violation complaint that identifies the rental of commercial vehicles as a use violation in the Industrial Mixed Use (IMX) zoning district and informs the property owner that U-Haul rental trucks may not be stored on the public street. (Attachment 1 is an e-mail exchange between City staff and the business owner on this topic).

Commercial vehicle and equipment rental uses are not allowed in the City’s Industrial Mixed Use (IMX) zoning district.
1 Nor are commercial businesses allowed to store their

1 Pursuant to Concord Municipal Code (CMC) Section 18.20, commercial vehicle and equipment rental falls under the Vehicle and Equipment Facilities land use. This land use defines commercial vehicles and equipment as a facility that sells/rents or services and makes repairs to construction, farm, other heavy equipment, as well asl

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Committee Report
Agenda Item No. 2.a
July 1, 2024

equipment and rental property in the City’s right-of-ways, including public streets, unless granted a permit by the City.2

The referral was made by the City Council (Council) so the Committee could consider the zoning restrictions that disallow the rental of commercial vehicles in the IMX district and determine if it desired to make any recommendations to the full Council.

Recommended Action
Consider the referral and take no action.

Background
The City’s Development Code defines the IMX district as follows (Attachment 2):

IMX district is applied to areas of the city appropriate for a mix of light industrial, offices, and live/work facilities at an intensity of 1.0 FAR. Light industrial uses include warehouse, research and development, and artists’ studios. The IMX district allows ancillary restaurant, retail, and service activities that serve employees and provide business-support services.

The Development Code specifically disallows commercial vehicle and equipment rentals in the IMX district (Attachment 2). The use is allowed in HI (Heavy Industrial) and the Industrial Business Park (IBP) zoning districts; however, the use also has to meet the outdoor storage requirements of CMC Section 18.150.120 (Attachment 3). Outdoor storage is only allowed in the side and rear yards when enclosed by a solid eight-foot masonry wall with landscape screening. Storage is not allowed in the front yard or street facing yards. And, regardless of zoning district, all commercial businesses are disallowed from using the City streets for vehicle or equipment storage, unless granted an encroachment permit from the City. Given the private benefit of storing property on the street in perpetuity, the City does not issue a permit for such use of public space.

Further, according to City regulations, businesses are not allowed to use parking areas for the “sale, lease, display, repair, or storage of vehicles, trailers, boats, campers, mobile homes, merchandise, or equipment…” In essence, there must be a dedicated storage area on-site meeting the outdoor storage requirements as identified.

Analysis
M
r. Claude-Alix Bertrand, the business owner that contacted the Mayor, has been invited to attend this committee meeting and a copy of this staff report has been shared with him.

vehicles for moving or towing property (such as cranes, earthmoving equipment, forklifts, tractors, heavy trucks, cargo tracks, vans, and trailers).”
2 Concord Municipal Code Section 12.15.040 (Permit required and encroachment agreement required) . Not used for vehicle or equipment storage but might be used for special events or unique situations.

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Committee Report
Agenda Item No. 2.a
July 1, 2024

The Committee is to decide on next steps, which include as options:

• Ask the full Council to support accepting an application to amend the Development Code, if requested by the Business Owner, to address outdoor storage location and screening requirements and/or adding commercial vehicle and equipment rentals within the IMX District.
o This approach would require the Business Owner to develop the requested Development Code amendments and to carry the cost of the review. Planning Commission review and recommendation to Council would be required and the Council would be the decision makers. The cost is set to actual costs and the applicant would be required to place $20,000 into a project holding account; staff time would be charged against the holding account on an hourly basis. Processing of the application would take between 6 and 9 months, depending upon the level of environmental review required.
• Ask the full Council to direct staff to add, as a Council-initiated and general-fund- paid project, consideration of amending the Development Code to address outdoor storage location and screening requirements and/or adding commercial vehicle and equipment rentals within the IMX District.
o This approach would direct staff to draft the requested amendments with the costs for processing being carried by the City’s general fund. This approach is inconsistent with the Council adopted fee policy (Attachment 4). The Council fee policy states that projects that benefit private individuals/properties should carry their full costs.
o This approach would require Council to revisit their recently adopted priorities (Attachment 5) as staff would not be able to address the existing Tier 2 priority of updating its mobile street vendor regulations next fiscal year and this additional Council-initiated project.
• Decide to let this matter end in Committee and make no referral to the full Council.
o This approach does not preclude the Business Owner from applying for Development Code amendments they desire relating to outdoor storage location and screening requirements and/or adding commercial vehicle and equipment rentals within the IMX district. In fact, this is the traditional way a concern related to a particular use having conflicts with the Development Code is addressed.

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Committee Report
Agenda Item No. 2.a
July 1, 2024

Questions for Committee Consideration prior to deciding on next steps:

1. Should commercial vehicle and equipment rentals be allowed in the IMX zoning district—is equipment rental a compatible use with the other uses allowed in the zoning district?
a. Staff recommends the Committee members individually drive the IMX zoning districts prior to the meeting (see Attachment 6 for a map of the IMX zone areas in Concord). It is staff’s observation that the IMX, specifically in the area around 995 Detroit Avenue, has developed into a quality light-industrial area. Additionally, it is staff’s observation that even if the zoning were changed to allow commercial vehicle and equipment rentals as an allowable use, the site in question at 995 Detroit Avenue could not successfully store the vehicles on site given the layout and the outdoor storage requirements. This is likely true even if the code were changed to allow storage of vehicles in the front yard without screening— due to the parcel’s size and that the parking area is shared with other tenants within the building. As stated above the Development Code does not allow parking areas to be used for the storage of commercial vehicles for rent.

2. Should the City’s outdoor storage regulations for commercial outdoor storage be amended such that it is allowed in the front yard and street facing yards, and not constrained to the side and rear yards, and no longer required to be screened? a. Changing the outdoor storage requirements would have a significant impact on other zoning districts within the City as the requirements are carried over into all districts that allow outdoor storage. It is unlikely that even if the Code were changed to allow the storage of vehicles in the front yard and street facing side yards without screening that 995 Detroit Avenue would not be successful storing their vehicles on their property given the multiple tenants on the property and that parking areas cannot be used for storage.

3. How should any proposed zoning changes intended to address the business concerns at 995 Detroit Avenue be initiated and paid for? a. Traditionally, these would be initiated by the business or property owners directly and per the City’s adopted fee policy, paid for by the applicants.

Attachments

1. Staff Email Exchange with Business Owner

2. Concord Municipal Code Chapter 18.50

3. Concord Municipal Code Section 18.150.120

4. Policy and Procedure 170 (User Fees and Charges Recovery) 5 . Council’s 2024-2025 Priorities
6 . Map of IMX Districts and 995 Detroit Avenue

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1 COMMITTEE MEMBERS
Carlyn S. Obringer, Chair
Laura M. Nakamura, Member

Civic Center
1950 Parkside Drive
Concord, CA 94519
www.cityofconcord.org

ANNOTATED
AGENDA
Special Meeting of the
Housing and
Economic
Development
Committee

Monday,
July 1, 2024
12:00 p.m.

Garden Conference
Room,
1950 Parkside Drive,
Wing A
Concord, CA

Information for the public on participation at Committee meetings can be found on the back of the Speaker Identification Card. Should you have any questions after consulting the Speaker Identification Card, please contact staff prior to the Committee meeting.

AGENDIZED ITEMS – The public is entitled to address the Committee on items appearing on the agenda before or during the Committee’s consideration of that item. Each speaker will be limited to approximately three minutes.

1. ROLL CALL – all present

2. REPORTS
The public is entitled to address the Committee on items appearing on the agenda before or during the Committee’s consideration of that item . Each speaker will be limited to approximately three minutes. Please see “How to Submit Public Comments” above.

a. Considering – a referral from the full Council of Mayor Birsan’s request that the Committee consider whether to recommend to the full Council a request

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2 to amend the Development Code allowing for “vehicle and equipment facilities” with outdoor storage in the Industrial Mixed Use (IMX) zoning district, and related issues. Report by Valerie Barone, City Manager.

Action: The meeting was attended by City Staff as follows: City Manager Barone, Assistant City Manager Ezell, Planning Manager Gentry, Principal Planner Abejo, Community Development Director Marstall.

Public Speakers included: David Gomez, U-Haul of the East Bay; Claude-Alix Bertrand, Boxes East Bay, David Woolley, Boxes East Bay; Josh Jakobitz, Boxes East Bay; Tim McGallian, Chamber of Commerce President.

After receiving the staff report, public testimony and asking questions of staff and members of t
he public in attendance at the meeting, the Committee directed staff to bring the Committee’s recommendation to the full Council. Committee Recommendation: that Council direct staff to develop amendments to the City’s Development Code for future consideration by the Council that would allow certain vehicle rentals as a permitted land use, including outdoor storage of said vehicles, in the Industrial Mixed Use (IMX) Zoning District.

F
urther, the Committee requests the Council’s direction to staff to include the following:
• The Development Code Changes should be a Council-initiated project and the staff time associated with developing and taking the proposed changes through a public hearing process for an ordinance amendment be carried by the City’s general fund. • That staff be directed to propose the simplest and most narrow solution to resolve the current conflict between the adopted Development Code and the operational practices of the existing Boxes East Bay business at 995 Detroit Avenue. Specific criteria that the Committee thought might help achieve this direction included limiting vehicle rentals to only those that were 20-feet in length or less, and businesses that maintained 10 or fewer vehicles on site and allow for storage of the vehicles in locations not visible from a public street so long as they were not parked in required business customer parking spots.

3. ADJOURNMENT – at 1:30 p.m.

Further, if you challenge an action taken by the City Council in court, you may be limited by California law to raising only those issues you or someone else raised in the hearing or in a written correspondence delivered to the City Council prior to or at the hearing.

In accordance with the Americans with Disabilities Act and California Law, it is the policy of the City of Concord to offer its public programs, services and meetings in a manner that is readily accessible to everyone, including those with disabilities . If you are disabled and require a copy of a public hearing notice, or an agenda and/or agenda packet in an appropriate alternative format; or if you require other accommodation, please contact the ADA Coordinator Tianjun Cao at (925) 671- 3243 or

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3 [email protected] , at least 24 hours in advance of the meeting. A dvance notification within this guideline will enable the City to make reasonable arrangements to ensure accessibility.

Distribution: City Council
Valerie Barone, City Manager
Susanne Brown, City Attorney
Justin Ezell, Assistant City Manager
Joelle Fockler, City Clerk

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1 CITY OF CONCORD

Number:

Authority:

Effective:

Revised:

Reviewed:

Initiating Dept.:
170
Council Motion
04-26-2016
11-01-2016
FIN

USER FEES AND CHARGES RECOVERY

1. PURPOSE
To establish policy guidelines for setting and updating User Fees and Charges; establish cost recovery goals; and ensure compliance with State law.

2. GENERAL
California Constitution Articles XIIIC and XIIID [Prop 218], Article XIIIC §1(e) [Prop 26] and Article XIIIA [Proposition 13] have placed both substantive and procedural limits on cities’ ability to impose fees and charges. This policy establishes a process for Concord’s User Fees and Charges to be reviewed and updated on an ongoing basis to ensure that fees do not exceed the City’s costs of providing services; keep pace with changes in the costs of providing the services; and keep pace with changes in methods of levels of service delivery.

3. REVIEW AND UPDATE
A comprehensive analysis of City costs and fees should be conducted at least every five years. In the interim, fees will be adjusted by annual changes in labor costs as approved by the City Council with the exception of Special Events Fees, which shall be adjusted by 3% per annum. Fees may also be changed based on supplemental analysis whenever there have been significant changes in the method, level or cost of service delivery.

4. POLICY
It is the policy of the City of Concord to set User Fees and Charges based on cost recovery levels in lieu of fully subsidizing fee-related activities with General Fund dollars. The cost recovery levels are reflective of the following policy statements.

4.1 Community-wide vs. Private Benefit: The level of user fee cost recovery should consider the community-wide versus private-benefit nature of the program or activity. The use of general- purpose revenues is appropriate for community-wide services, while user fees are appropriate for services that are of special benefit to easily identified individuals or groups.

4.2 Service Recipient vs. Service Driver: The concept of the service recipient versus service driver is particularly important for regulated activities such as development review and police-issued permits. It could be argued that the applicant is not the beneficiary of the City's development review efforts and that the community is the primary beneficiary. However, the applicant is the driver of development review costs, and as such, cost recovery from the applicant is appropriate.

4.3 Consistency with City Goals and Policies: City policies and Council goals related to the community’s quality of life may also be factors in setting cost recovery levels. For example, fees can promote city-wide goals, facilitate environmental stewardship, encourage compliance

POLICY & PROCEDURE
Attachment 4

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POLICY & PROCEDURE NO. 170

Page 2 of 3 ends

with City regulations (e.g. water heater permits, minor but important permits to ensure safety) or discourage certain actions (e.g. false alarms, which negatively impact law enforcement).

4.4 Elasticity of Demand for Services: The level of cost recovery and related pricing of services can significantly affect the demand and subsequent level of services provided. At full cost recovery, this has the specific advantage of ensuring that the City is providing services for which there is genuinely a market that is not overly-stimulated by low fees.

Conversely, high levels of cost recovery will negatively impact the delivery of services to lower income groups. This negative feature is especially pronounced, and works against public policy, if the services are specifically targeted to low income groups.

4.5 Availability of Services from the Private Sector: High cost recovery levels are generally sought in situations where the service is available from other sources in order to preserve taxpayer funds for core City services. Conversely, services that are not available from other sources and are typically delivered when residents experience an emergency typically have low or zero cost recovery levels (e.g. response to a 911 call).

It should be noted, that the current Master Fee Schedule for recreational services includes a lower rate for Concord residents than residents living outside of Concord.

4.6 Feasibility of Collection and Recovery: Although it may be determined that a high level of cost recovery may be appropriate for specific services, it may be impractical or too costly to estab- lish a system to identify and charge the user. Accordingly, the feasibility of assessing and col- lecting charges should also be considered in developing user fees, especially if significant pro- gram costs are intended to be financed from that source.

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POLICY & PROCEDURE NO. 170

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Target Cost Recovery Levels

Based on these policy statements, the following table overlays certain cost recovery levels grouped in low (0- 40%), medium (40.1% to 80%), and high (80.1% to 100%) cost recovery ranges. It is important to note that these groupings provide policy guidance and are not absolute. Some policy statements may weigh more heavily than others, which may result in a different cost recovery level grouping for particular fees. For example, fees for recre- ational activities are expected to be set in general at the medium cost recovery level. However, fees for recreational activities for which there is high demand may have a high cost recovery level due to high enrollment levels per class. It is important to note that User Fees and Charges will be reviewed at least biennially by the City Council as part of approval of the Master Fee Schedule.

Cost Recovery Levels Cost Recovery
Percentage Rate
Policy Considerations
(one or all may apply)

Low 0% - 40% • Public at-large benefits
• No intended relationship between fee
and benefit received
• Fee collection not cost effective would
discourage compliance
• No intent to limit use of service
• Affordability of service to low-income
residents

Medium 40.1% - 80% • Services share factors of both low and high recovery levels

High 80.1% - 100% • Individuals receive most of benefit of service
• Other alternative service providers
• Use is regulatory or specifically dis-
couraged

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City of Concord Organizational Goals for Fiscal Year 2024-25 Set by Council at their April 6, 2024, Workshop
Council set the following Tier 1 Goals (Tier 1 goals are required to remain a strong organizational focus by the Organization during the Fiscal Year):
 Concord Naval Weapons Station Reuse: Assist and guide the Master Developer team and City/LRA’s pursuit of the Economic Development Conveyance agreement with the U.S. Navy, the advancement of infrastructure planning, resource agency permitting, remediation monitoring, and community outreach efforts in preparation for the drafting of a Specific Plan and CEQA documents throughout the entire fiscal year.
 Implementation of the Homeless Strategic Plan: The Council provided direction for Plan implementation of adopted strategies through a competitive grant process which has already begun. The goal is to complete the grant process quickly and to bring programs on-line that receive grant funded as expeditiously as feasible this fiscal year.  Implementation of Housing Element Mandates: Implementation of 13 programs of the 2023- 2031 Housing Element and forward progress on 12 additional programs, all by the end of June 2025.
 Economic Development Strategy Update: Complete a new or major update to the Economic Development Strategic Plan by the end of June 2025.
 Make Progress on a Plan to address Unfunded Infrastructure Needs: Concurrent with the development of the next two-year General Fund Operating budget (by the end of June 2025), define and recommend actions and funding options that address the City’s unfunded infrastructure needs (recognizing that full plan development will likely take multiple years as many difficult decisions will be involved).
 Develop and adopt 2-year General Fund Operating Budget: Develop a balanced two-year operating budget that maintains the organization's fiscal stability and continues to address unfunded liabilities and ensures funding to the Council's priorities and the City's legal requirements by June 30, 2025.

Council set the following Tier II Goal (to be accomplished if time allows):
 Develop and implement sidewalk vending regulations by June 30, 2025.

Note: Goals are developed within the context of the Council’s Priority Areas of Focus: Public Safety, Fiscal Stability & Economic Development, Quality of Life, Roadway/Infrastructure Maintenance, Customer Service, and Being a Desirable Workplace (employee success and organizational efficiency).

Attachment 5

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Taylor
Blvd
Salvio StEast St
Por
tChicag
oHwy
BonifacioSt
Gran
t St
Diam
ond
Blv
d
Gal
indo St
Babel Ln
Far
m
Bureau
Rd
Treat Bl
vd
Olivera Rd
Oak
Grov
e R
d
Meadow Ln
Detroit Av
ConcordAv
Arnold Industrial Wy
Concord Blvd
Monument Blvd
Clayton Rd
Solano W
y
Cowell Rd
E OliveraRd
Contra
Costa Blvd
Willow Pass Rd
Map
0 2,000 4,0001,000
Feet
S:\MapRequest\CityManager\General\IMX.aprx
Map Created: 5/31/2024
By GIS Division of Information
Technology
Legend
Industrial Mixed Use (IMX)
Concord Limits
Attachment 6

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PERAL
TA R
OAD
LAU

RA ALICE WA
Y

A STREET

ARNOLD INDUSTRIAL PLACE

NORTHWO

ODDRIVE

ARNOLD INDUSTR

IAL WAY

DALIS DRIVE
Map
0 330 660165
Feet
S:\MapRequest\CityManager\General\IMX.aprx
Map Created: 6/17/2024
By GIS Division of Information Technology
Legend
Industrial Mixed Use (IMX)
SIER
RA
ROA
D

ALLA AVENUE

NEWTONWAY

BRIDGECROSSING
WAY

LA MAR DRIVECHALOMAR ROAD
CHARL

OTTE AVEN
UE
MARKHA
M
STREET
SIERRA
COURT
LA MAR
COURT

ST JOSEPH DRIVE

NOTRE DAME AVENUE

LA ORINDAPLACE

DETROIT AVE
NUE
CHALET
DRIVE

FOX WAY

ROCKNEDRIVE

LANE DRIVE
SAN

SIMEON DR
IVE

SHARY CIRCLE

WHITMAN ROAD

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Attachment 7
Aerial V
iew of 995 Detroit Avenue

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Attachment 8

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INDUSTRIAL MIXED USE (IMX)

MUNICIPAL CODE AMENDMENT
CITY COUNCIL CONSIDERATION ITEM 5.B
SEPTEMBER 10, 2024
PRESENTED BY: FRANK ABEJO, PRINCIPAL PLANNER

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▪Applies to areas of the City appropriate for a mix of light industrial, offices, and live/work facilities
▪Light industrial uses include warehouse, research and
development, and artists’ studios
▪Also allows ancillary restaurant, retail, and service activities that serve employees and provide business-support services
▪Allowed intensity of 1.0 floor area ratio (FAR)
2 Industrial Mixed Use (IMX) District

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IMX District
Locations

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IMX District
Locations

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“Vehicle and
Equipment
Facilities” land
use not allowed
in IMX district;
allowed in
Industrial
Business Park
(IPB) and Service
Commercial (SC)
5 Vehicle and Equipment Facilities

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6 Outdoor Storage

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Industrial
Business Park
(IPB) and Service
Commercial (SC)
Zoning District
Locations

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July 1, 2024. Reviewed by Housing & Economic
Development Council Committee (HED Committee)
(Obringer and Nakamura).
➢Council referred matter to HED Committee in response to existing U-Haul business located at 995 Detroit Avenue with outdoor storage of U-Haul trucks, which is prohibited by property’s IMX zoning
8 HED Committee Review

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HED Committee recommended two options:
➢Option 1: City-initiated amendment with costs carried by the City as a general-fund-paid project (HED Committee selected option)
➢Option 2: Private-business-initiated amendment
9 HED Committee Review

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Option 1: City-initiated amendment (HED Committee selected option)
➢Narrow scope for amendment limited to IMX district
➢Costs carried by the City as a general-fund-paid project (HED Committee selected option)
➢Direction required on how this new Council-initiated project ranks in priority against the Council’s established Tier 2 priority goal of updating the City’s sidewalk vending regulations this fiscal year
10 HED Committee Review

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Option 2: Private-business-initiated amendments with business owner carrying cost of processing the application
➢Typical approach consistent with Council Fee Policy for applicants to carry full costs of projects that benefit private individuals/properties
➢Estimated cost $9,000 - $20,000
➢Estimated processing time is six to nine months depending on CEQA review
11 HED Committee Review

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➢995 Detroit Avenue could not successfully store vehicles on site given the layout of the building, the multiple tenants within the building, and outdoor storage requirements
12 Additional Considerations

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➢Changing the outdoor storage requirements could have a significant impact on other zoning districts within the City ➢The City may suspend enforcement efforts on 995 Detroit Avenue while property/business owner pursues amendment
13 Additional Considerations

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▪Direct staff on how to proceed with amendment based on the two options:

Option #1: City-initiated, general-fund-paid amendment
Option #2: Property/business owner-initiated amendment with property/business owner carrying cost of processing the amendment
▪If Option #1 selected, direct staff on how this new Council-initiated project ranks in priority against the Council’s established Tier 2 priority goal of updating the City’s sidewalk vending regulations this fiscal year 14 Council Direction

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Questions?
15

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Staff Report
Date: September 10, 2024
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Justin Ezell, Assistant City Manager
Prepared by: Joelle Fockler, MMC, City Clerk
[email protected]
(925) 671-3390
Subject: Considering revising Policy and Procedure No. 2 to define the mayoral rotation (continued from August 27, 2024).

Report in Brief
On April 23, 2024, the City Council referred to the Council Committee on Policy Development and Internal Operations a discussion on a defined process for the annual selection of Mayor. The Committee (Birsan/Obringer) is recommending revising Policy and Procedure No. 2 (Attachment 1) to define the mayoral rotation.

Recommended Action
Approve revisions to Policy and Procedure No. 2 to define the mayoral rotation as follows:

If there is only one nomination for the position of Mayor and one for Vice Mayor, they will be appointed. In the event of two or more nominations, the candidate who has not held the position the longest going back from the current term shall be appointed. If tied, the candidate with the highest percentage of votes in their last election shall be appointed.

If a Councilmember declines to accept the position of Mayor or Vice Mayor, then the City Clerk will request alternative nominations for Mayor and/or Vice Mayor from the Council.

A Councilmember nominated by this process must receive confirmation by a majority of the Councilmembers to serve in the capacity of Mayor or Vice Mayor.

5.c5.c5.c

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City Council Agenda Report
Agenda Item No. 5.c
September 10, 2024
Background
On February 6, 2024, the City Council referred a discussion on codifying a defined process for the annual selection of mayor to the Council Committee on Policy Development and Internal Operations (PDIO) (Birsan/Obringer). The PDIO met on March 6, 2024, and directed staff to return to the City Council with a staff report bringing forth the Committee’s recommendation that Council codify its approach for selecting the mayor in an ordinance and outlining the Town of Danville’s current process along with a process Mayor Birsan suggested at the March 6 meeting.

On April 23, 2024, the City Council considered the item and directed the item back to the PDIO requesting that the PDIO either refine the language presented on April 23 or recommend a different approach for a defined mayoral rotation in Concord.

Analysis
The PDIO met on June 26, 2024, and discussed various options of mayoral selection.

Following discussion, the committee directed staff to return to the City Council with a staff report bringing forth the Committee’s recommendation to revise Policy and Procedure No. 2 to define the mayoral rotation. The Committee recommendation includes slight textual changes made by staff to provide clarity:

If there is only one nomination for the position of Mayor and one for Vice Mayor, they will both be appointed. In the event of two or more nominations for a single position, the candidate who has not held the position the longest going back from the current term shall be appointed. If tied, the candidate with the highest percentage of votes in their last election shall be appointed.

If a Councilmember declines to accept the position of Mayor or Vice Mayor, then the City Clerk will request alternative nominations for Mayor and/or Vice Mayor from the Council. A Councilmember nominated by this process must receive confirmation by a majority of the Councilmembers to serve in the capacity of Mayor or Vice Mayor.

Financial Impact
A defined mayoral rotation does not have a financial impact.

Public Contact
The City Council Agenda was posted.

Attachment

1. Redline Policy and Procedure No. 2

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CITY COUNCIL MEETING PROCEDURES

1. PURPOSE
To provide a procedural guide for the conduct of City Council meetings, including the preparation of agendas and minutes.

2. BACKGROUND
The City Council convenes regular and special meetings to conduct its business in accordance with California's open meeting law (the Brown Act, Government Code Section 54950 et seq.). A range of business matters come regularly before the City Council, including items requiring public discussion or a public hearing, routine items requiring formal action, and information items. To further the public interest, the City Council determines that it must focus its time and attention on the consideration of policy items, delegating to City staff those matters of an administrative nature. The City Council therefore sets forth herein a methodology for the expeditious and proper handling of City Council meetings, and for preparation of agendas and minutes. In the event of any conflict between these local procedures and State law, the provisions of State law shall govern. Except when prohibited by law or by a specific provision of this policy requiring a supermajority vote, the City Council by majority vote may waive or modify any of the procedural rules contained herein.

3. CITY COUNCIL MEETINGS
All meetings of the City Council shall be open to the public, except as provided by law.

3.1 Regular Meetings. Pursuant to Concord Municipal Code Section 2.05.010, regular meetings of the City Council shall be held in the Farrel A. Stewart Civic Center, 1950 Parkside Drive, Concord, California unless the meeting agenda identifies another location. Regular meetings shall be held on the first, second and fourth Tuesday of each month, or as otherwise reflected on a City Council-approved meeting calendar. The Council agenda may reserve around 5:00 p.m. to 6:00 p.m. for non-hearing items, including closed sessions and study sessions. No public hearing shall commence before 6:00 p.m. No public hearing shall commence after 10:00 p.m. without a majority vote of the City Council. No new items may be heard after 11:00 p.m. without a majority vote of the City Council. The City Clerk shall post an agenda, as required by Government Code Section 54954.2, specifying the time and the location of the meeting.

3.2 Special Meetings. The presiding officer or a majority of the City Council may call a special meeting at any time in accordance with Government Code Section 54956.

3.3 Study Sessions. Study sessions may be conducted as part of a regular or special meeting. Study sessions may be scheduled as deemed necessary or desirable for exchanging information and providing direction to City staff prior to final action by the City Council.

3.4 Closed Sessions. The City Council may, from time to time, meet in closed session, not open to the public or the news media, to discuss litigation, real estate negotiations, personnel matters, labor relations, and other matters authorized by the Brown Act. The City Attorney shall prepare the agenda description for each closed session item.

3.5 Emergency Meetings. Emergency meetings may be called without complying with the 24-hour notice requirement in accordance with Government Code Section 54956.5.

CITY OF CONCORD
Number:

Authority:

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Reviewed:

Initiating Dept.:
2 Council Motion
12-07-70
1-9-2024
CM

POLICY & PROCEDURE
Attachment 1

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4. MEETING CONDUCT
At the time scheduled for each regular or special meeting, the members of the City Council, the City Manager, the City Clerk, the City Attorney, and such Department Heads or others as have been requested to be present, shall meet in the Council Chamber or other meeting location as designated in the posted agenda. The business of the City Council shall be conducted in substantially the manner herein provided. In situations not expressly governed either by State law or these procedural rules, the City Council may proceed in accordance with the parliamentary rules set forth in the revised version of Rosenberg’s Rules attached hereto. Failure to follow these procedural rules or the revised version of Rosenberg’s Rules shall not invalidate a City Council action.

4.1 Quorum and Voting. Three members of the City Council shall constitute a quorum for the transaction of business. When there is no quorum, the Mayor shall adjourn the meeting, or if no member of the City Council is or will be present, the City Clerk shall adjourn the meeting. Notice of adjournment shall be posted as required by Government Code Section 54955. For the purpose of considering any item subject to vote of the City Council, when any member of the City Council is disqualified due to a conflict of interest, his/her presence shall not be considered in determining the existence of a quorum. Consideration of such items shall be deferred until a quorum of disinterested Councilmembers is present to discuss and vote on the items unless otherwise authorized by the Political Reform Act (Government Code Section 87100 et seq.) and the Fair Political Practices Commission Regulations. Except as otherwise provided by law, a majority of the Councilmembers present and voting shall be sufficient to approve an action, provided, however, that at least three votes are required for the passage of any ordinance, resolution, or orders for the payment of money pursuant to Government Code Section 36936.

4.2 Rules of Debate. A motion must be seconded before it can be discussed. A second merely implies that the seconder agrees that the motion should come before the City Council and not that the seconder is in favor of the motion. A second may be withdrawn for any reason before the motion is voted on.

4.21 Recognition. Every member of the City Council desiring to speak shall address the Mayor and, upon recognition by the Mayor, shall confine him/herself to the question under debate.

4.22 Rights of Mayor. The Mayor may move, second, and debate any item before the City Council subject only to such limitations of debate as are imposed by these rules on all members of the City Council and shall not be deprived of any of the rights or privileges of a member of the City Council, including the right to vote on all motions and other actions of the City Council.

4.23 Interruptions. No member of the City Council, once recognized, shall be interrupted when speaking unless it is to call him/her to order or as otherwise provided herein. If a member of the City Council is called to order while speaking, s/he shall cease speaking until the question of order is determined and, if in order, shall be permitted to proceed.

4.24 Motion to Reconsider. A motion to reconsider any action taken by the City Council may be made only by a member of the Council who was on the prevailing side of the vote, but may be seconded by any member of the City Council and requires a majority vote of the City Council for approval.

No matter shall be reconsidered more than once. Any action of the Council which cannot be reversed cannot be reconsidered.

4.241 Timing of Motion. A motion to reconsider may be made at any time during the meeting at which the action was taken, but not at any adjournment or continuance of that meeting.

4.242 Effect of Approval. Upon approval of a motion to reconsider, the prior action shall be set aside in its entirety; and the underlying matter shall be scheduled for consideration at the earliest feasible City Council meeting and shall be re-noticed pursuant to Concord Municipal Code Sections 2.05.050 or 2.05.050 or other applicable laws.

4.243 Rescission, Repeal or Amendment. The reconsideration rules contained in this Policy

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& Procedure shall not limit the City Council's inherent authority to rescind, repeal, or amend its prior actions in situations where it is not precluded from doing so under applicable laws.

4.3 Addressing the Council. Each person wishing to address the City Council is requested to fill out and return to the City Clerk a speaker card containing the speaker’s name, address and item on which he/she is interested in addressing the Council, and the speaker’s position on the item to be addressed. All information on the speaker card is a public record and may be subject to disclosure under the California Public Records Act. The Mayor shall use the speaker's card to determine whether a time limit is necessary for the item to be discussed, to arrange the order of presentation of testimony before the City Council and to recognize speakers. The Mayor shall recognize anyone desiring to address the City Council even if a speaker card has not been filled out. After having received permission from the Mayor to address the City Council, each person shall come to the microphone and may give his/her name for the record before speaking. The Mayor will also endeavor to call for additional speakers before closing comment on an item. All remarks shall be addressed to the City Council as a body. No person other than a member of the City Council and the person having the floor shall enter into any discussion without permission of the Mayor. Any person following this procedure shall have the right to be heard during the public comment period or at the time the City Council considers any items of business listed on the agenda.

4.31 Spokesperson for a Group of Persons. Whenever any group of persons wishes to address the City Council on the same subject matter, it shall be appropriate for the Mayor to request that a spokesperson be chosen by the group to address the Council, to specify a time limit, and in case additional matters are to be presented at that time by any other member of the group, to limit the number of speakers to avoid repetition.

4.4 Decorum

4.41 Council. Members of the City Council must preserve order and decorum and shall not, by conversation or otherwise, delay or interrupt the proceedings or peace of the City Council in any way, or disturb any other member of the City Council while speaking, or refuse to obey the orders of the City Council or the Mayor, except as otherwise herein provided.

4.42 All Persons. No person speaking may make any unduly repetitive, irrelevant, personal, impertinent, slanderous, profane, loud, threatening, or abusive remark to any member of the City Council, City staff, or the general public, which actually disrupts, disturbs, or otherwise impedes the orderly conduct of the meeting. No person may bring into the Council Chamber any device, sign or object that may cause disruption of the meeting, or obstruct others attending the meeting from participating in, hearing, or seeing the meeting proceedings. Any person who makes such remarks, or who engages in any other disorderly conduct which actually disrupts, disturbs, or otherwise impedes the orderly conduct of any City Council meeting may, at the discretion of the Mayor or the City Council majority, be barred from further comments during that meeting, or subjected to enforcement actions pursuant to Section 4.43.

4.43 Enforcement. The Chief of Police, or his/her authorized representative, shall be the ex-officio Sergeant-at-Arms of the Council. S/he shall carry out all orders and instructions of the Mayor for the purpose of maintaining order and decorum in the City Council meeting room. Upon instructions of the Mayor, it shall be the duty of any police officer present to remove from the City Council meeting room any person in the audience who engages in conduct prohibited pursuant to Section

4.42 at a City Council meeting, and to place under arrest any person who is violating the law.

4.5 Duties of Mayor. The Mayor shall assume his/her place and duties immediately following his/her election by the City Council.

4.51 Call to Order. At the hour appointed for the meeting, the Mayor shall call the City Council to

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order. The Mayor shall serve as the presiding officer for all City Council meetings. In the Mayor’s absence, the Vice Mayor shall serve as the presiding officer. In the absence of both the Mayor and Vice Mayor, the most senior Councilmember (in consecutive years served on the City Council) shall serve as the presiding officer; if there is a seniority tie, the Councilmember who received more votes during their latest elections shall serve as the presiding officer. Upon the arrival of the Mayor, the Vice Mayor shall relinquish the chair at the conclusion of the business item then before the City Council; upon the arrival of the Mayor or the Vice Mayor, the presiding officer shall relinquish the chair at the conclusion of the business item then before the City Council.

4.52 Changes to the Order of Business. The Mayor may change the order of business as shown on the meeting agenda at any time during the meeting as deemed necessary or convenient.

4.53 Additional Duties.
a. The Mayor shall preserve strict order and decorum at all meetings, have the power to limit the time of any speaker from the floor, state questions coming before the City Council, and announce the City Council's decision on all subjects.
b. The Mayor shall have the authority to rule on procedural matters relating to the conduct of City Council meetings. Any procedural rulings or other actions of the Mayor may be overruled by a majority vote of the City Council.
c. The Mayor shall sign all ordinances, contracts and other documents approved by the City Council, except if a conflict of interest exists or authority to execute documents has been delegated to the City Manager or another representative of the City. d. The Mayor may, from time to time, announce appointments to ad hoc advisory committees composed solely of less than a majority of the members of the City Council; the announcement of such appointments shall appear on the posted agenda, but shall not require City Council approval. The Mayor may also propose appointments to standing committees and regional bodies, subject to confirmation by a majority of the City Council. e. The Mayor may make declarations of special dates and recognition awards on behalf of the City, such declarations to be detailed in the subsequent correspondence and reports to Council.
f. The Mayor may declare a meeting adjourned if the end of the agenda has been reached or there is no further business.

4.6 Roll Call. Before proceeding with the business of the City Council, the City Clerk shall call the roll of the members of the City Council, and the names of those present shall be entered in the minutes.

4.7 Public Comment Period.

4.71 Public Comment on Non-Agenda Items. The agenda for every regular City Council meeting shall include a public comment period. Members of the public may address the City Council during this period on any subject that is within the jurisdiction of the City Council and not listed on the agenda.

Individual public comments shall be limited to three minutes, and the total duration of the public comment period shall not exceed fifteen minutes, before items scheduled on the agenda are considered, unless an increase or decrease of time is ordered by the Mayor. If public comment of longer than fifteen minutes is to be conducted, it will be taken following conclusion of the consideration of scheduled items.

4.72 Public Comment on Agenda Items. The agenda for every regular or special City Council meeting shall include the opportunity for members of the public to address the City Council before or during the Council’s consideration of any item on the agenda, including items on the Consent Calendar.

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Persons addressing the Council shall be limited to three minutes, unless an increase or decrease of time is ordered by the Mayor. The Mayor may allow extra time for the applicant, appellant, or other person or entity directly involved in the decision.

4.8 Adoption of Consent Calendar. Adoption of the Consent Calendar may be made by one motion of the City Council, provided that any Councilmember, individual or organization in attendance may request removal of an item from the Consent Calendar for separate consideration. If a request for removal of an item from the Consent Calendar has been timely received, the Mayor may defer action on the particular item and place the same on the regular agenda for consideration in any order s/he deems appropriate.

4.9 Voting.

4.91 Roll Call Vote. Any Councilmember may request a roll call vote to be taken and recorded on any motion. Whenever a roll call vote of the City Council is in order, the City Clerk shall call the roll as follows:

4.911 Maker of the motion.

4.912 Seconder of the motion.

4.913 The balance of the City Council in alphabetical order except that the Mayor is called last, unless the Mayor is the maker or seconder of the motion.

4.92 Silence Constitutes Affirmative Vote. In all voting, unless a member of the City Council states s/he is not voting, his/her silence shall be recorded as an affirmative vote.

4.93 Ex Parte Communications. Whenever the City Council is sitting in a quasi-judicial capacity to weigh facts and evidence on a permit application, appeal, or other quasi-judicial matter, each Councilmember shall, once the agenda item is called, disclose for the record any ex parte communications or site visits and information received outside of the meeting, so that all Councilmembers, parties and opponents have the same information received by the Councilmember, and an opportunity to consider and/or respond to such information.

5. AGENDA

5.1 Preparation. The City Manager shall prepare an agenda for each City Council meeting, except for Closed Session per Section 3.4, and shall submit the draft agenda to the City Attorney for legal review. If after the regular agenda is prepared the City Manager determines that additional items should be placed thereon, a supplemental or revised agenda shall be posted in accordance with the provisions of Government Code Sections 54954.2 or 54956 as appropriate. The agenda shall contain a brief general description of each item of business to be transacted or discussed at the meeting. While not required by law, in the interest of transparency, City staff shall endeavor to include the monetary amount and source of funds of consultant, construction, employee, and similar contracts in applicable agenda descriptions; however failure to do so shall not invalidate or affect the adequacy of the agenda description or notice to the public.

5.11 Notice/Posting. At least seventy-two (72) hours before a regular meeting of the City Council an agenda shall be posted and mailed as required by law. The agenda shall specify the time and location of the regular meeting and shall be posted in a location that is freely accessible to members of the public, including on the City website, pursuant to Government Code Section 54954.2.

5.12 Non-Agenda Items. No action or discussion shall be undertaken on any item not appearing on the posted agenda, except as expressly permitted pursuant to Government Code Section 54954.2.

Councilmembers or staff may briefly respond to statements made or questions posed by persons speaking during the public comment period. In addition, on his/her own initiative or in response to questions posed by the public, a Councilmember or staff may ask a question for clarification, make a brief announcement, or make a brief report on his or her activities. Furthermore, the City Council or an individual Councilmember with the concurrence of the Council majority may provide a

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reference to staff or to other resources for factual information, request staff to report back to the City Council at a subsequent meeting concerning any matter, or take action to direct staff to place a matter of business on a future agenda. Finally, the City Council may take action on items of business not appearing on the posted agenda under any of the following conditions:

5.121 Upon a determination by a majority vote of the City Council that an emergency situation exists as defined in Government Code Section 54956.5.

5.122 Upon a determination by a two-thirds (2/3) vote of the Councilmembers present at the meeting, or if less than two-thirds (2/3) of the members are present, a unanimous vote of those members present, that there is a need to take immediate action and that the need to take action came to the attention of the City subsequent to the agenda being posted. For a five person City Council, the 2/3 requirement means four of five, or three of four, Councilmembers.

5.123 The item was posted in accordance with this Policy & Procedure for a prior meeting of the City Council occurring not more than five (5) calendar days prior to the date action is taken on the item, and at the prior meeting the item was continued to the meeting at which action is being taken.

5.13 Special Meetings. As required by Government Code Section 54956, a written notice of each special meeting shall be delivered to each member of the City Council, and to each local newspaper, radio, or television station that has a written request for notice on file with the City. The notice shall be delivered and posted in a location freely accessible to the public at least 24 hours before the time of the special meeting, and shall state the time and place of the special meeting and all items of business to be transacted or discussed. Only matters described in the agenda may be considered at the meeting.

5.2 Consent Calendar. Items which are not expected to require public discussion may be grouped together and listed under the Consent Calendar. Typically, these will consist of routine and non-controversial items.

5.3 Ordinances. Upon the item being called, the City Clerk or City Attorney shall read the title of the ordinance in full. Thereafter, any member of the City Council may move to waive further reading of the ordinance and either introduce or adopt the ordinance pursuant to State law.

5.4 Public Hearings and Consideration Items. Legal publication, posting, and mailing will be carried out pursuant to law.

5.5 Continuances.

5.51 The City Council may, in its discretion, continue any item of business to a subsequent meeting.

5.52 Items that are not continued to a date certain or are continued for further hearing or action for a period longer than thirty (30) days from the City Council meeting shall be renoticed at the applicant/appellant's expense.

5.6 Urgency Ordinances. The City Council may adopt an urgency ordinance as provided by State law. Non- planning urgencies are governed by Government Code Section 36937(b). Planning urgencies are governed by Government Code Section 65858. Urgency ordinances not requiring a public hearing may be placed on an agenda for City Council action in accordance with the provisions of Government Code Section 54954.2.

5.7 Written Staff Reports. Staff reports and/or resolutions shall be prepared if directed by the City Manager or otherwise required by law. In advance of the meeting, copies of the final versions of any such staff report or resolution shall be made available to the City Council, the news media, and persons who have requested advance copies thereof.

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5.71 Benched Documents. Any public records provided to the City Council subsequent to the posting of the agenda, and changes to the staff report, resolutions, contracts, and other City materials, shall be made available upon request as provided in Government Code Section 54957.5.

5.72 Plans. Plans provided by an applicant, appellant, and/or his/her/its representative to City staff or to the City Council in connection with an agenda item may be reduced in size and published together with or as part of such agenda item; reduced-sized plans use for such purpose shall become a public record subject to disclosure under the Public Records Act.

6. AGENDA DISTRIBUTION

6.1 Agendas which have been copied and distributed to the City Council will be made available to the public at the same time and at City Council meetings.

6.2 Agendas of regular and special meetings will be provided to all individuals who subscribe to an annual mailing service.

6.3 Individuals or organizations whom the City believes may be affected by an agenda item may, as a courtesy, be mailed an agenda to advise when the item is scheduled to be considered by the City Council.

6.4 The agenda shall be posted in the display case located near the Parkside Drive entrance to the Civic Center and on the City’s website not less than seventy-two (72) hours in advance of each regular meeting and not less than twenty-four (24) hours prior to each special meeting of the City Council. A log shall be maintained of the time and date each agenda is posted.

7. MINUTES

7.1 Official Record. The official minutes of the City Council shall be kept by the City Clerk. The City Clerk shall be required to make a record only of such business as was actually voted upon by the City Council and shall not be required to record any remarks of any member of the City Council or of any other person, except at the special request of a member of the City Council during that meeting. The City Clerk shall enter into the minutes a brief summary of the reasons for dissent from or protest against any action of the Council if any member of the City Council so requests it during that meeting. Names of persons addressing the City Council, the title of the subject matter to which their remarks related, and whether they spoke in support of or in opposition to such matter shall be entered in the minutes.

7.2 Recordings. As an aid to the preparation of minutes, the City Clerk shall arrange to have recordings made of all regular and special City Council meetings, except for workshops and closed sessions. The City Clerk is not required to have recordings made for meetings when no recording is needed to assist in the preparation of minutes. The recordings may be destroyed after the City Council approval of minutes in accordance with the Records Retention Schedule, unless the City Attorney requests retention of a particular recording.

7.3 Approval of Minutes. The City Clerk shall attach a copy of the minutes to the agenda for the meeting at which the minutes are proposed to be approved. The City Council may request minor clarification and corrections as necessary. The minutes may be approved without reading.

8. ORGANIZATION OF CITY COUNCIL
The City Council shall annually reorganize., choosing from amongst its members who should serve as Mayor and Vice Mayor for the coming year. If there is only one nomination for Mayor and one for Vice Mayor, they will both be appointed. In the event of two or more nominations for a single position, the candidate who has not held the position the longest going back from the current term shall be appointed. If tied, the candidate with the highest percentage of votes in their last election shall be appointed.

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process must receive confirmation by a majority of the Councilmembers to serve in the capacity of Mayor or Vice Mayor.

8.1 Term of Mayor. The appointment of the Mayor is for a one-year term.

8.2 Term of Vice Mayor. The appointment of Vice Mayor is for a one-year term.

8.3 Seating. Council seating at the dais will be per the attached diagram, or as established by the Mayor.

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Defined Mayoral Rotation
Joelle Fockler, MMC
City Clerk
September 10, 2024
1

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Background
2 ▪ February 6, 2024 – City Council referred discussion on codifying a defined process for annual selection of Mayor to the Council Committee on Policy Development and Internal Operations (PDIO) (Birsan/Obringer). ▪ March 6, 2024 – PDIO met and directed staff to return to Council with recommendation codifying approach for selecting the Mayor in an ordinance.

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Background (continued)
3 ▪ April 23, 2024 – City Council considered the item and directed the item back to the PDIO requesting that the PDIO either refine the language presented on April 23 or
recommend a different approach for a defined Mayoral
rotation.
▪ June 26, 2024 – The PDIO met, discussed options, and
directed staff to return to City Council with a report bringing forth the Committee’s recommendation to revise Policy and Procedure No. 2 to define the Mayoral rotation.

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Recommended Action
4 Approve PDIO recommendation with slight textual
changes made by staff to provide clarity.

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Recommended Action
5 If there is only one nomination for the position of
Mayor and one for Vice Mayor, they both will be
appointed. In the event of two or more nominations
for a single position, the candidate who has not held
the position the longest going back from the current
term shall be appointed. If tied, the candidate with
the highest percentage of votes in their last election
shall be appointed.

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Recommended Action
6 If a Councilmember declines to accept the position of Mayor or Vice Mayor, then the City Clerk will request
alternative nominations for Mayor and/or Vice Mayor
from the Council. A Councilmember nominated by
this process must receive confirmation by a majority
of the Councilmembers to serve in the capacity of
Mayor or Vice Mayor.

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Council
Questions
7

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Concord City CouncilSeptember 10, 2024

Concord City Council
September 10, 2024