City Council Agenda Report
Agenda Item No. 5.a
January 28, 2025
At the completion of these studies, Strategic Economics will draft an Existing Conditions Report and SWOT Analysis.
Economic Development Strategic Plan and Implementation of Actions Matrix: In order for the final Plan to be “actionable,” the consulting team will incorporate clear implementation recommendations, in an “Implementation of Actions” matrix. The Matrix will incorporate:
• Qualitative description of impacts, costs, and implementation considerations for each strategy
• Prioritization of strategies and actions achieving guiding principles, and brief description of relevant SWOT conclusions and future changes necessary to support industry retention and growth
• Subarea strategies related to geographic areas with significant economic and business activity with actions to accelerate investment in major development opportunity sites
• Implementation of Actions Matrix to show the order of priority of citywide and subarea strategies and actions over a five-year and beyond period, and identify the leading and supporting responsible parties
Final Economic Development Strategic Plan: Strategic Economics will draft the Economic Development Strategic Plan, which will incorporate the guiding principles, relevant background materials and the Implementation of Actions Matrix.
H&ED & Council Roles: The H&ED Committee is expected to hold three public meetings for the Economic Development Strategic Plan. The first would be to review the guiding principles, the second would be to review the Existing Conditions and SWOT Analysis (which will reflect stakeholder input), and the third will be to review a draft of the Economic Development Strategic Plan and Implementation of Actions Matrix (which will also reflect stakeholder input). If necessary more meetings can/will be scheduled (which may require spending some of the contingency funds).
The Council will review the Plan twice after feedback from the H&ED Committee has been incorporated. The first will be to review and provide feedback on the Implementation of Actions Matrix as incorporated into the draft Economic Development Strategic Plan. The second will be to review a new draft based on feedback from the first City Council meeting and adopt the Plan.
City Council Agenda Report
Agenda Item No. 5.a
January 28, 2025
Schedule
Below is the overall project schedule. City Council is anticipated to adopt the Economic Development Strategic Plan in September or October 2025. This is a realistic timeline and allows time for revisions and detailed analysis.
Activity Months
Staff & Consultants: Project kickoff
meeting
February
H&ED Meeting 1: Review of draft guiding
principles
March
Staff & Consultants: Stakeholder focus
groups and interviews
March-April
Staff & Consultants: Analysis, existing
conditions, and SWOT
February-April
H&ED Meeting 2: Review existing
conditions and SWOT analysis
May
Staff & Consultants: Draft the Economic
Development Strategic Plan &
Implementation of Actions Matrix
June-August
H&ED Meeting 3: Review draft of
Economic Development Strategic Plan &
Implementation of Actions Matrix
September
City Council—Meeting 1 and 2: Review
and adopt the Plan
October
Budget: The budget for the proposed work program with Strategic Economics is $97,935. Staff is recommending incorporation of an approximately 10 percent contingency, creating a total budget is $107,750.
The contingency is to allow additional studies or additional stakeholder, H&ED or Council meetings. The contingency can only be spent with the approval of the Department Director.
Procurement Process
Staff issued RFP #ED100824 on October 28, 2024 with a due date of November 26, 2024. Ten (10) consultant teams submitted proposals. A panel evaluated the proposals and determined that Strategic Economics met all of the requirements of the RFP and was the best fit for the work scope requested. The procurement process is consistent with the City’s purchasing regulations.
Environmental Determination
This activity does not constitute a “project” and/or is exempt from environmental review pursuant to Public Resources Code Section 21065, California Environmental Quality Act
City Council Agenda Report
Agenda Item No. 5.a
January 28, 2025
(CEQA )Guidelines Sections 15060(c)(2), and/or 15378 because there is no potential that it will result in a direct or reasonably foreseeable indirect physical change in the environment, 15273 because it involves government funding/fiscal activities, and/or 15262 since the activity involves only feasibility and planning for possible future actions.
Even if the activity does comprise a project for CEQA analysis, it falls within the “common sense” CEQA exemption set forth in CEQA Guidelines Section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. Individual projects will undergo CEQA analysis as necessary.
Financial Impact
The $107,750 professional services agreement with Strategic Economics will be primarily funded by the $98,478.90 that was rolled over to FY2024-2025 from the unspent Economic Development Operating Expenses in FY 2023-2024. The remaining value, the majority of which represents a 10 percent contingency, will be funded by the Economic Development Operating Expenses in FY 2024-2025.
Public Contact
The City Council Agenda was posted.
Attachments
1. Current Economic Vitality Strategy
2. Request for Proposals #ED 100824
3. Strategic Economics Proposal
4. Professional Services Agreement with Strategic Economics
5. Exhibit A – Proposed Scope of Work and Budget to Professional Services Agreement
C I T Y O F C O N C O R D
Economic Vitality Strategy
2020 Update
Community & Economic Development Department
1950 Parkside Dr., MS/01B
Concord, CA 94519
Attachment 1
MISSION:
The City of Concord is an integral part of the business community. The City fosters a premier business location by creating and implementing innovative and flexible strategies that foster business growth and profitability.
VISION:
Concord is a financially stable City that strives to preserve and enhance its strong business climate and the community’s high quality of life.
VALUES:
The City of Concord is committed to promoting partnerships among all interests and solving problems creatively. The City anticipates its customers’ needs, communicates clearly and consistently, and delivers prompt service.
EV Strategy adopted: July 1997
Updated: July 2002
July 2009
April 2017
January 2020
For more information:
Call the Economic Development Division
at (925) 671-3355
or visit www.ConcordFirst.com
1 One Concord Center near BART
City of Concord
Economic Vitality Strategy
INTRODUCTION
The Economic Vitality Strategy (EVS) sets the
vision, goals, and priorities for all City efforts
related to economic development. The EVS is
updated every five years.
By taking a long-term, comprehensive approach
to economic development, the City of Concord
seeks to:
Enhance Concord’s quality of life;
Facilitate a stable, healthy business
environment;
Retain, attract, and expand businesses in
strategic industries;
Expand the City’s tax base to ensure
long-term fiscal stability;
Provide efficient, effective government
services to Concord businesses;
Promote high-quality job opportunities;
Maintain a highly-skilled, competitive
workforce;
Support entrepreneurship and small
business opportunities; and
Revitalize Downtown and other business
districts.
This 2020 EVS update was completed with the
guidance of the Housing & Economic
Development Committee and is based on input
from many local business leaders, residents,
property owners, and other stakeholders who
participated in a prior series of public meetings
in 2017. The EVS also incorporates data and
analysis from a host of other regional sources.
CONCORD’S POSITION IN THE EAST BAY
MARKET
Concord is the largest business center in Contra
Costa County and is a destination for innovative
and entrepreneurial businesses that require
highly-skilled labor. Concord offers the
infrastructure and amenities that businesses
need for success. Its vibrant business
environment has attracted successful firms and
created ideal conditions for local businesses to
expand. The City’s commitment to families and
to the business community fosters a high quality
of life with attractive residential neighborhoods,
excellent public safety and services, convenient
Economic Vitality Strategy
2 mass transit, abundant recreation and
entertainment for all ages. Concord is a
community of safe and friendly neighborhoods
with an excellent park system, world-class
medical center, convenient shopping, diverse
dining opportunities and large preserves of
scenic open space.
Concord is located in a highly-competitive area
where there are many high-quality locations
businesses can choose. However, Concord has
distinguished itself as a premier business
destination due to several key advantages:
A central, convenient location
Best value for office/industrial space
Access to a skilled workforce
An efficient, responsive, business-
friendly government
Transit-oriented commercial space
This 2020 update of the Economic Vitality
Strategy comes at a time when Concord has
faced several critical challenges and
opportunities. Despite the challenges, Concord
has achieved some key successes in economic
development since 2017, when the Economic
Vitality Strategy was last updated. These
successes place Concord in an ideal position to
significantly expand and upgrade existing
businesses and to attract new business. Some of
the City’s most notable achievements include:
Akesis, a 56,000-square foot
R&D/oncology hardware manufacturer
The Veranda, a 30-acre, 375,000-square
foot lifestyle retail center
Multi-office Wells Fargo relocation of
1,800 employees to Swift Plaza
The Concord VIBE marketing initiative
that aims to attract young professionals
to Concord to increase the local talent
pool as a business attraction strategy
Attraction of major regional retail
tenants to Sunvalley Shopping Center,
The Willows, The Veranda and the Park
& Shop Center
Attraction of key shops and restaurants
to the downtown
Increasing events attendance at Todos
Santos Plaza to more than 100,000
annual visitors, including the Spring
Brews Festival and Oktoberfest
Attracting and retaining key retailers and
restaurants, including: Brasas do Brazil,
The Yard House, Dunkin’, GEN Korean,
iSlice, Yum2, Parkside Bar & Grill, Half
Price Books and others
Despite these successes, Concord currently
faces an array of challenges and opportunities
for its economy, including:
Building Concord’s image/identity
Planning the Concord Community Reuse
Project (former Concord Naval Weapons
Station)
Attracting emerging industries (e.g.,
advanced manufacturing, life sciences)
Redevelopment of the area surrounding
Downtown/Concord BART Station
Changes in the retail environment
Large development-ready pads in North
Concord, Downtown and elsewhere
Closing or consolidation of retail,
financial services and other employment
sectors
The Veranda
Economic Vitality Strategy
3 KEY INDUSTRY CLUSTERS
Over the past 20 years, several industries have
driven job growth in Concord (and Contra Costa
County in general), such as manufacturing,
construction and information technology. These
industries will continue to be important sources
of jobs, but in some cases they are not expected
to continue the rapid growth that was
experienced previously. As a result, the City is
identifying additional industries that offer the
potential for job growth in the future.
Looking forward to the next 5 - 20 years,
several new industries are becoming
increasingly important to Concord’s economy
and have the potential to become major drivers
in employment. These industries include:
Advanced Manufacturing
Life Sciences/Biotechnology
Engineering
Start-Up Technology Companies
Health Care
Financial Services
Professional and Business Services
Applied Sciences
Cannabis
UFCW & Employers Plaza
Swift Plaza
These emerging industries may have special
needs with respect to infrastructure, workforce
development, Zoning and General Plan issues,
and business services. The City will incorporate
the needs of these key industries as it works to
continuously improve its delivery of efficient,
effective business services, and as it continues
to update other City policies. The City’s
Economic Development Program will also
develop targeted marketing strategies and other
initiatives, all in a coordinated effort to facilitate
the growth of these industries in Concord. The
following section describes the strategic
initiatives to be undertaken as part of the
Economic Vitality Strategy.
Economic Vitality Strategy
4 STRATEGIC INITIATIVES
Goal #1: Implement a comprehensive, integrated Economic Development Marketing Strategy to strengthen Concord’s image and brand identity among Bay Area businesses and within key target industries
Objective 1.1: Carry out an integrated Marketing and Public Information Campaign targeted to prospective new businesses that are seeking office, research and development or retail locations, based on well-defined branding strategies.
A. City’s Economic Development Website Optimization and Internet Marketing. The City’s Economic Development Program will optimize the www.concordfirst.com website for improved speed, functionality and reportability. In addition, online advertising campaigns will be launched as appropriate, targeting websites and other online media that will maximize exposure to key market sectors. In addition, the City’s Economic Development Program will use direct marketing tools such as LinkedIn InMail to promote Concord, targeting C-Suite executives and site selectors, as well as established community websites, blogs, developer/real estate-oriented and social media platforms that may include Instagram, Facebook, Twitter and YouTube.
ConcordFirst.com economic development website
B. Marketing and Promotions. The City’s Economic Development Program will redesign its line of brochures, maps and other collateral materials that are intended for prospective businesses so the content will be consistent with the City’s branding strategy. In partnership with economic development organizations and other support agencies, Economic Development staff will attend key trade shows, conferences and business events, and will send out emails and plan meetings in advance and/or afterwards in order to maximize the
Economic Vitality Strategy
5 effectiveness of the attendance. At larger trade shows and conferences, staff may also utilize location-based marketing such as geofencing to target site selectors and corporate decision- makers by displaying Concord-specific messages to smartphone/tablet users who enter a predetermined boundary or geographic area. Geofencing messaging can direct recipients to a landing page with Concord information and opportunities specific to their industries.
Objective 1.2: Develop and expand partnerships with businesses, other government agencies and economic development organizations to help promote the region, to leverage the City’s Economic Development marketing funds and to advocate for initiatives and policies that benefit the region in general, and Concord in particular.
A. Partnerships with Regional Retailers and Hotels. The City’s Economic Development Program will partner with regional shopping centers such as Sunvalley Shopping Center, The Willows, Park & Shop, Veranda, the Concord auto dealership community, other major sales tax generators and the Visit Concord Tourism Business Improvement District to further promote Concord as a shopping, hospitality and entertainment destination.
B. Partnerships with Other Government Agencies and Economic Development Organizations to Leverage Relationships to Attract New Investments to Concord. The City’s Economic Development Program will partner with the East Bay Leadership Council, Concord Chamber of Commerce, Contra Costa County’s Northern Waterfront Economic Development Initiative, Governor’s Office of Business & Economic Development, Bay Area Council, International Council of Shopping Centers and the California Association for Local Economic Development to pursue initiatives and programs that promote the region’s and Concord’s business attraction, retention and expansion efforts.
Objective 1.3: Leverage existing City programs, resources and amenities to strengthen the City’s economic development strategies.
A. Special Events. The City will continue to sponsor downtown promotions and cultural events at Todos Santos Plaza and throughout the city, including the year-round Tuesday Farmers’ Market, annual Music & Market Series, annual Brews Festival, Oktoberfest, the Fourth of July parade, holiday events and other special events.
Thursday Night Music & Market in Todos Santos Plaza
Economic Vitality Strategy
6 B. Concord Vibe Marketing Initiative. The City will promote activities and opportunities that appeal to Millennials in an effort to attract this generation to Concord to both live and work.
Millennials are a sought-after generation for companies seeking employees to join their workforce, so the increased presence of Millennials can contribute to the City’s business attraction efforts.
Goal #2: Develop long-term, integrated strategies to target key emerging industries in Concord Objective 2.1: Develop strategies to facilitate and encourage the development of modern, high- quality office, advanced manufacturing, research and development, engineering and industrial space that can attract and serve the needs of key industry clusters.
A. Facilitating Development Planning & Development Approval Process. The City’s Economic Development Program will work with industry contacts to determine the site requirements, building requirements, infrastructure requirements, and other development standards that are needed in order to attract and foster the development of key industrial tenants in Concord. Using this data, Economic Development staff will work internally with Planning, Building, Engineering, Finance, Public Works, and other city divisions as well as developers and brokers to incorporate the needs of key industry clusters into the development planning and to streamline development entitlements, including the Design Review process.
B. Planning for Life Cycle of Company Expansion. The City will pursue strategies to facilitate the business and real estate needs of emerging industries at different points in their growth. The goal will be for companies to feel confident that Concord is an excellent location to address their needs as they progress from the start-up phase to reaching maturity as a medium- to large-sized business occupying one or multiple facilities. This will require partnerships with local brokers and property owners; partnerships with the Contra Costa Small Business Development Center, East Bay Leadership Council and other organizations serving small businesses; incorporating the long-term growth needs of key industries into planning for the Concord Community Reuse Plan (CCRP), and other related efforts.
C. Retail Attraction. The
City’s Economic
Development Program will
seek opportunities to
continue to attract retail to
key commercial areas and to
promote a diversified mix of
retail uses, including
business-to-business retail,
non-traditional retail, as well
as more standard consumer-
based retail such as
restaurants, grocery, and
specialty retail.
Sunvalley Shopping Center
Economic Vitality Strategy
7 D. Retail Center Investment. Develop strategies to promote reinvigoration and repositioning of retail centers throughout the City by seeking best practices in incentivizing improvements and utilizing land use and code enforcement tools to facilitate basic property upgrades.
Objective 2.2: Enhance Educational and Workforce Development Opportunities A. Program Assessment and Facilitation. The City’s Economic Development Program will continue to support the Greater Concord Chamber of Commerce, Mt. Diablo Unified School District, private school operators, EastBayWorks, along with the California Employment Development Department, California State East Bay – Concord, and other educational institutions in their efforts to link the business community to local educational resources.
B. Community Training. The City’s Economic Development Program will work with Local, Regional and State Agencies who are focused on building a diversified training and retraining program to meet the rapidly changing technical and professional needs of the business community. The City’s Economic Development Program will promote partnerships and support of the Mt. Diablo Unified School District, Diablo Valley College, EastBayWorks, Contra Costa Small Business Development Center, Workforce Development Board and other agencies in promoting their training programs and referral services.
Goal #3: Business District Strategies
The City’s Economic Development Program will continue to implement its downtown revitalization strategy, and will begin developing comprehensive business district strategies for all business districts in Concord. The key business districts to initially focus on include:
Clayton Road
North Concord
Monument Boulevard/Shary Circle/Detroit Avenue
Other business districts as time and resources are available
Monument Sign in North Concord
Economic Vitality Strategy
8 Objective 3.1: Develop District Strategies for Concord’s Key Business Districts The City’s Economic Development Program will develop and implement comprehensive business district strategies for Clayton Road, North Concord, Monument Boulevard, and other business districts as time and resources provide. These strategies will incorporate the unique characteristics of each area, promote the businesses currently operating in these areas and encourage reinvestment, development and redevelopment opportunities to support business attraction efforts.
Objective 3.2: Continue Downtown Revitalization Efforts A. Downtown Management & Merchant Organization. The City’s Economic Development Program will continue to support the activities of the Todos Santos Business Association in order to strengthen relationships between the City and the business community. Where possible, the City’s Economic Development Program will develop programs to address the needs raised by this association in a proactive manner. In addition, the City will execute a comprehensive Downtown Management Program that addresses issues related to appearance, maintenance, circulation, wayfinding, safety and parking.
B. Special Events. The City will continue to sponsor promotions and cultural events at Todos Santos Plaza and throughout the city, including the year-round Tuesday Farmers’ Market, annual Music & Market Series, the annual Brews Festival and Oktoberfest, Fourth of July parade, holiday events and other special events. The City will review opportunities to co- sponsor and/or present new special events in the downtown area and throughout the city that promote the downtown businesses, community identity, the arts, and are consistent with the businesses in the downtown.
Todos Santos Plaza
Goal #4: Retain, Expand, Develop and Attract Business
Objective 4.1: Strengthen the positive business climate that supports the growth, development and prosperity of Concord’s business community.
Economic Vitality Strategy
9 A. Business Surveys. The City’s Economic Development Program will reinstate Business Surveys to seek the input of businesses on an ongoing basis. These online surveys will gather information about existing firms, evaluate the business climate and identify business problems, business opportunities and firms with expansion or relocation plans.
B. Customer Service. The City of Concord will continue to seek ways to further expedite permit decisions, such as coordinating inter-jurisdictional permit reviews to speed, clarify and ease communication between applicants and permitting agencies, and will also provide employee training and support to further implement improvements to customer service.
C. Ombudsman and Information Services. Economic Development staff will continue to serve as an ombudsman and information resource to existing and prospective businesses, providing information, direction, advice and documents on all issues pertaining to doing business in Concord and Contra Costa County.
D. Business Communications. The City’s Economic Development Program will continue to regularly communicate with residents, businesses, property owners and other stakeholders and partners using electronic media, print sources, flyers, advertisements, radio, television, e- mail notifications, and other appropriate avenues to ensure information of interest is provided to Concord’s residential and business community.
E. Business Recognition Awards Program. In cooperation with the Greater Concord Chamber of Commerce, the City will continue to honor throughout the year companies that have shown significant growth or innovation, have longevity in Concord, support Concord’s community, are major employers, or are major tax revenue generators.
F. Welcome Letters. The City’s Economic Development Program will continue to send welcome letters, signed by the Mayor, to targeted new businesses in Concord in order to make them feel welcome, promote cooperation with City Hall, and provide them with a resource to contact when issues arise that affect the success of their business.
View of Buchanan Field Airport, Downtown Concord and Mt. Diablo
Economic Vitality Strategy
10 Objective 4.2: Provide assistance to attract, retain, and expand businesses in Concord A. Goodwill Visits. The City’s Economic Development Program will continue to conduct goodwill visits to major employers and sales tax generators to build strong, long-term relationships, improve communication between the City and the business community, demonstrate Concord’s concern for its existing major businesses, and to encourage these businesses to remain and expand in Concord. The City will utilize proprietary subscription databases, broker consultant insights and market research to identify those Concord businesses with leases expiring in the following 12-18 months to strategically and proactively target those specific companies to determine if they’re considering relocation or expansion so that the City may take appropriate action to keep their business in Concord.
B. Business Retention Visits. The City’s Economic Development Program will continue to conduct business retention/expansion/welcome visits to small businesses that are expanding, new to the community, or in a growth sector in order to build a rapport with the business community, encourage communication between the public and private sectors and to encourage these businesses to remain and expand in Concord, and to promote the City to their business colleagues.
Concord Gateway Center II
C. Participation in business events and community building activities. The City’s Economic Development Program will support local business organizations’ efforts that encourage business leaders to contribute to the community by having staff serve on appropriate task forces and special committees, contribute to projects and sponsor events.
Staff will also work with these organizations to increase the number of events and activities they host in Concord so that potential business executives may meet with City leadership and see the opportunities in Concord first-hand.
D. Home-Based Businesses. The City will continue to support the development of entrepreneurs in home-based businesses by providing business licenses and home-based business permits to these businesses. The City will encourage and foster the development of
Economic Vitality Strategy
11 “executive suites” facilities and other services to encourage and assist home-based businesses in their expansions into commercial spaces.
E. Small Business Seminars. In order to provide new information, resources and trends on marketing, planning, management, advertising, financing and other business topics of interest to Concord’s small business community, Economic Development staff will continue to facilitate small business seminars and other appropriate programs with its partners, such as the Contra Costa Small Business Development Center, Greater Concord Chamber of Commerce, Workforce Development Board, Todos Santos Business Association and the Small Business Administration. These events will also continue to promote local business- to-business transactions.
F. Business Attraction. The City’s Economic Development Program will create more robust attraction programs to broaden Concord’s business and economic base by identifying sites and available space that would be desirable to businesses in all sectors and their respective representatives. The City’s Economic Development Program will work aggressively with brokers, realtors, site selectors, trade associations, the East Bay Leadership Council, Concord Chamber of Commerce and the Todos Santos Business Association to evaluate and encourage opportunities for new businesses that enhance our economic base. The Economic Development Program will actively implement strategic outreach to businesses that are likely to relocate and that fit Concord’s targeted industries. The City’s Economic Development Program will continue to work with brokers and property owners on land assembly opportunities for larger development projects, and will leverage the upcoming Concord Community Reuse Plan (CCRP) to attract growing companies to Concord that will later need more space that may be provided within the CCRP.
a. CCRP: Staff will create project-specific marketing materials, leverage existing regional partnerships to promote the base as a regional economic development opportunity, utilize the Blue-Ribbon Taskforce work to attract institutions of higher education, monitor existing Concord companies for expansion plans and position current Concord commercial space as a temporary location that will enable companies to easily expand into the new development.
b. Cannabis: Staff will monitor the industry, including best practices adopted by other cities and identifying properties and/or amenities that are most desirable for Cannabis industry operations, while also collecting trend information to maximize Concord’s visibility and marketability with industry leaders.
The initiatives in this document will further develop the City’s economic vitality and ensure Concord’s position as a premier business location.
Economic Vitality Strategy
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Economic Vitality Strategy
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Economic Vitality Strategy
14 For more information:
Call the Economic Development Division
at (925) 671-3355
or visit www.ConcordFirst.com
RFP# ED100824
Consulting Services – EDSP
CITY OF CONCORD PURCHASING DIVISION
1950 PARKSIDE DRIVE, CONCORD, CALIFORNIA 94519
PHONE (925) 671-3178
October 28, 2024
REQUEST FOR PROPOSAL
RFP# ED100824
ECONOMIC DEVELOPMENT STRATEGIC PLAN
DEP ARTMENT OF ECONOMIC DEVELOPMENT & BASE REUSE
The City of Concord (City) is seeking proposals from Consultants to provide Consulting Services to develop an Economic Development Strategic Plan (EDSP) in accordance with the RFP package provided. The city intends to award an Agreement to the highest qualified firm meeting the requirements of this Request for Proposal (RFP), based on the “best value” concept.
The Contracting Officer for this solicitation is Elvia Fernandez.
Email: [email protected]
The Post-Award Contact will be Marie Suvansin, Economic Development Manager.
Email: [email protected]
The RFP package includes:
Cover Letter with Procurement Schedule
Introduction
Background
Project Background
Scope of Work
Preliminary Project Schedule
RFP Instructions
Submittal Requirements
Selection Process
Sample Agreement (Attachment 1)
Attachment 2
RFP# ED100824
Consulting Services – EDSP
PROCUREMENT SCHEDULE
Date Time Event
October 28, 2024 RFP Issued
November 6, 2024 10:00 am Non-mandatory Pre-Proposal
Conference
Join Zoom Meeting:
https://cityofconcord.zoom.us/j/870771
19294?pwd=qOMeZX1BCGX51pqXVu1V
QOz4smEeMf.1
Meeting ID: 870 7711 9294
Passcode: 174048
November 12, 2024 2:00 pm Vendor Questions Due
November 15, 2024 Addendum Issued/Posted on Public
Purchasing website (if applicable).
(Addendum may include revisions
and/or responses to RFP/ Questions)
November 26, 2024 2:00 pm Proposals Due
Early December City Evaluation of Written Proposals
Completed. Selected Firms Invited to
Interview
Week of December 9th Interview/Presentation
Late December 2024 Selection & Notice of Intent
January 2025 City Council Consideration of Contract
February 2025 Contract Award/Project Start
RFP# ED100824
Consulting Services – EDSP
INTRODUCTION
The City of Concord is seeking proposals from qualified Consultants for the creation of an Economic Development Strategic Plan. This work will include performing a baseline conditions and SWOT analysis on Concord’s economy, and identifying specific implementation actions for business attraction, retention, and expansion. Recommended strategies should be Concord-specific and realistic given current and predictable economic realities. The successful Consultant will work closely with Economic Development staff, the Housing and Economic Development and the Council’s Housing & Economic Development Committee (H&ED), and community stakeholders in the creation of the Economic Development Strategic Plan that will go before the full City Council for review and approval.
BACKGROUND
The City of Concord is the most populous and jobs-rich city in Contra Costa County, with approximately 125,000 residents and 66,000 jobs, representing 1 in every 9 jobs in the County. Located at the confluence of Interstate 680, State Route 242, and State Route 4, as well as home to two BART stations, the City is accessible by multiple modes of transportation. High-rise office buildings, robust industrial corridors, and regional shopping centers like Sun Valley Mall and the Veranda allow a diverse range of businesses to flourish in the City.
PROJECT BACKGROUND
City Council adopted the current Economic Vitality Strategy in 1997 and last approved an update in January 2020, right before the COVID-19 pandemic began. Strict business regulations over the following two years negatively impacted brick-and-mortar stores, of which the City has approximately 4,500. Although the pandemic officially ended in 2023, remnants of the pandemic, such as remote work schedules, continue to negatively impact daytime foot traffic, sales, and vacancy rates, especially in respect to the downsizing of office tenants in the downtown. Therefore, the City requires a new Economic Development Strategic Plan that examines current baseline conditions and provides fluid strategies that are adaptive to an ever-changing economy. Consultants may visit the Concord First website to find demographic and market data about Concord.
SCOPE OF WORK
The Scope of Work is provided as a framework from which the Consultant will construct its proposals. The Task outline is provided as a guide for the approach and components of the proposed Economic Development Strategic Plan (Plan). The City encourages the
RFP# ED100824
Consulting Services – EDSP
Consultants to recommend a proposed Plan, including optimal strategic planning process and products that will be suitable and specific to the City, including but not limited to other proposed elements and/or any variation to the outline provided in this Scope of Services.
The final scope of work will be negotiated with the selected firm .
T ask 1: Guiding Principles
The Consultant shall work with business stakeholders and City Council to establish guiding principles to develop the Plan. The following are examples guiding principles:
a. Enhance quality of life for residents and communities b. Facilitate a stable, healthy business environment
c. Retain, attract, and expand businesses in strategic industries d. Expand and diversify the City’s tax base to ensure long-term fiscal stability e. Maintain and grow a highly-skilled competitive workforce f. Promote high-quality job opportunities
g. Support entrepreneurship and small business opportunities h. Continue to support the downtown business district
i. Identify economic opportunities for all business districts within the City j. Provide efficient, effective government services to Concord businesses Work Product: Guiding Principles that will be reviewed by the H&ED Committee for recommendation and inclusion in the Plan.
T ask 2: Stakeholder Involvement
The Consultant shall collect input from the following stakeholders as listed below.
The
data collected shall be provided in a consistent and convenient format. a. Landlords & Real Estate Professionals (Retail, Office & Industrial) b. Major Tax-Generating Businesses
c. Small Businesses
d. Greater Concord Chamber of Commerce
e. Todos Santos Business Association
f. Monument Impact
g. Diablo Valley Tech Initiative
h. East Bay Economic Development Alliance
i. East Bay Leadership Council
j. East Bay Small Business Development Center
k. CocoKids
l. Mount Diablo Unified School District
m. Diablo Valley College
n. California State University, East Bay
o. Workforce Development Board of Contra Costa County
RFP# ED100824
Consulting Services – EDSP
p. East Bay Leadership Council
q. Contra Costa Economic Development Partnership
Work Product: Stakeholder involvement outreach plan recommended for the development of the Plan.
Task 3: Data Collection/Existing Conditions Report & SWOT Analysis
The Consultant shall prepare an existing conditions report on the City’s local economy and summarize it in a SWOT analysis. At a minimum, the report shall include the following:
a. Analysis of retail, office, and industrial markets
b. Comparison of retail, office, and industrial markets to cities competing for similar tenants in the region
c. Analysis of workforce commuting to/from Concord
d. Analysis of daytime foot traffic and tax revenue by business district e. Analysis of small business ownership and defining characteristics such as years in business, country of origin, and women/minority-owned, to the extent that the data is available and useful
f. Analysis of home-based businesses
g. Results of Small Business Needs Survey conducted by staff in August 2024 Work Product: SWOT Analysis, including an Existing Conditions Report that will provide the data for implementing an action plan and ultimately the final Plan.
T ask 4: Economic Development Implementation of Actions After completion of the
Existing Conditions Report, the Consultant will recommend an Implementation of Actions. The implementation of actions are intended to achieve the Plan’s defined Guiding Principles, with support from data in the Existing Conditions Report, and input from stakeholders. The Implementation of Actions may include the following:
a. Strategies to retain/grow existing businesses and to attract new businesses and target industries
b. Identification of opportunities to grow sales tax base c. District-specific, retail strategies for business attraction, retention and growth, including site-specific recommendations, if appropriate
d. Policy/zoning recommendations, if appropriate
e. Strategies for improving gateways to and from the City
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Consulting Services – EDSP
All strategies shall include information on the impact, cost, and the ease or difficulty of strategy implementation.
Work Product: The Implementation of Actions report.
The Plan will be the result of all the above elements combined together: the Guiding Principles, Existing Conditions Report, SWOT Analysis, and the Implementation of Actions Report.
PRELIMINARY PROJECT SCHEDULE
February 2025: H&ED Committee to Review Guiding Principles
April 2025: H&ED Committee to Review Baseline Conditions and SWOT Analysis
June 2025: H&ED Committee to Review Implementation of Actions and draft of the Economic Development Strategic Plan
June or August 2025: City Council to Review and Adopt H&ED Committee recommendation for the Economic Development Strategic
Plan
The preliminary project schedule is provided as a starting point and may be revised as necessary to ensure the successful outcome of the project.
RFP INSTRUCTIONS
1. Vendor Registration Requirements
To participate in the bidding process, view the solicitation and receive important notifications regarding RFB, register with Public Purchase at https://www.publicpurchase.com.
Step 1. Register with Public Purchase. Step 2. Choose the City of Concord as your preferred agency. If you need any assistance with this process, please contact Public Purchase at [email protected] or (801) 932-7000.
For more information on vendor registration instructions go to:
https://www.cityofconcord.org/DocumentCenter/View/923/Register-Your- Vendor-Information-PDF
2. The following procedures shall apply to this RFP:
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Consulting Services – EDSP
• When submitting Proposals via Public Purchase, allow extra time to submit in the event of technical difficulties.
• When submitting electronic files, please submit them as a PDF. • The City's decision about the timeliness or responsiveness of any submitted document shall be final, and the City has the discretion to waive or not waive any defect or nonconformance.
3. Questions or requests for clarifications regarding this RFP must be submitted in writing to Public Purchase, www.publicpurchase.com
Oral responses are not authorized and are not binding on the City. Bidders should submit any inquiries by the deadline date in the Procurement Schedule shown on the cover page. Questions received any later might not be addressed. An interpretation or clarification by City in response to an inquiry will be issued in an addendum.
4. Pre-Proposal Conference
The City is hosting a non-mandatory pre-proposal conference.
The Pre-Proposal Conference is scheduled on November 6, 2024, at 10:00 AM (PT) This is a virtual Zoom meeting. The sign in link, meeting ID and Passcode are provided below:
Join Zoom Meeting:
https://cityofconcord.zoom.us/j/87077119294?pwd=qOMeZX1BCGX51pqXVu1VQO z4smEeMf.1
Meeting ID: 870 7711 9294
Passcode: 174048
5. All Proposal submitted become the property of the City.
The City has the right to withhold all information regarding this RFP until after contract award. Information releasable after award is subject to the disclosure requirements of the Public Records Act, California Government Code Section 6250.
The City is a public agency subject to the disclosure requirements of the Public Records Act, California Government Code Section 6250 and following:
• The City of Concord may publish Proposals received and resulting contracts, to its public web site. If confidential/proprietary information is contained within the submission:
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Consulting Services – EDSP
• It must be submitted in a separate clearly labeled exhibit with all pages marked as “CONFIDENTIAL/PROPRIETARY EXHIBIT” .
• Consultant must provide a signed Nondisclosure Indemnification Agreement. It shall only contain supplemental information. In accordance with the California Public Records Act.
SUBMITTAL REQUIREMENTS
Interested consultants should submit a proposal that addresses the following:
1. Cover Letter
Provide the phone number, email address, and mailing address of the primary contact for the proposal. The cover letter must be signed by an officer of the firm with authorization to enter into an agreement with the City.
2. General Qualifications
Provide a summary of the consultant’s qualifications, information about the firm, location of office(s), years in business, and areas of expertise.
3. Team Members
Identify the key members of the team who would work on this project.
Describe the project management structure between team members. In an appendix, provide resumes, including a description of their qualifications and relevant experiences.
4. Project Workplan
Describe the project, detailed work approach, and methodology for each task. Expand on the provided scope of work and make suggestions as necessary to enhance the outcomes of the project. Provide a realistic schedule of work.
5. Cost Proposal
Provide a cost proposal that includes all labor costs, overhead costs, sub- consultant costs, and any other related expenses. Show hours per staff member and base labor rates.
6. References
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Provide a list of references for the firm and all sub-consultants, including names, addresses, email addresses, and phone numbers of recent clients.
Include projects and dates of completion with each reference.
7. Sample Work Products
Provide links or electronic or hard copies of publicly available Economic Development Strategic Plans prepared by the submitting firm and/or the proposed team members, if available.
8. Comments on Sample Agreement
Provide comments on the sample agreement to be considered if selected through this process.
The proposal shall be typed in no less than 12-point font and limited to 15 pages, excluding Team Members’ Resumes (placed in appendix), Sample Work Products and Comments on Sample Agreement.
SELECTION PROCESS
The City reserves the right to decline all proposals.
The City anticipates selecting a firm based on the submitted proposals, through a staff review process of the written proposals, followed by an interview process of the best qualified/best value firms. The written proposals will be reviewed against the following criteria.
Criteria Points
Technical Proposal
Qualifications and Experience of the Firm 25
Qualifications and Experience of Team Members 25
Quality of the Proposed Program Plan 40
Cost Proposal
Reasonableness of Overall Price 10
Total Points 100
END OF SOLICITATION
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ATTACHMENT 1
SAMPLE AGREEMENT
RFP# ED100824
CONSULTING SERVICES
ECONOMIC DEVELOPMENT STRATEGIC PLAN
INCLUDES:
Sample Agreement
Exhibit A – Scope of Services
Exhibit B – Insurance Requirements
Exhibit C – Cost Proposal
Exhibit D – Exceptions to Specifications/Requirements
Exhibit E – Debarment and Suspension Certification
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THIS AGREEMENT ("Agreement") is entered into on between the City of Concord ("CITY") and [Consultant Company Name] , [Consultant Corporate Status] [Consultant Street Address], [Consultant City] [Consultant State] [Consultant Zip] (“CONSULTANT”).
THE PARTIES ENTER THIS AGREEMENT based upon the following facts, understandings and intentions:
The CITY desires to contract with CONSULTANT to provide the professional services described in Section 2 of this Agreement, upon the terms and conditions hereinafter set forth.
NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and promises of the parties herein contained, the parties hereto agree as follows:
1. TERM . This Agreement shall commence on _________, 20__ and expire on ____________, 20__.
(OPTIONAL) A. Extension of Term . Upon mutual written agreement by the parties, the term of this Agreement may be extended for _______ additional period(s) of _____ year(s) each commencing upon the expiration of the initial or extended term, subject to the same terms and conditions of this Agreement. CONSULTANT shall give written notice of its request for extension of the term of the Agreement to the City’s Authorized Representative, as identified in Section 4 below, at least thirty (30) days prior to expiration of the initial or extended term.
The extension(s) of the term of this Agreement shall be subject to a review of CONSULTANT’S performance in accordance with the terms and conditions of this Agreement and shall be subject to City approval. Such extension of time shall be in writing by a duly executed Amendment to this Agreement.
2. SCOPE OF SERVICES. Subject to such policy direction and approvals provided by the CITY's Authorized Representative , CONSULTANT shall perform the services described in detail in Exhibit A, Scope of Services. CITY retains all rights of approval and discretion with respect to the projects and undertakings contemplated by this Agreement.
3. PAYMENT. The compensation to be paid to CONSULTANT including payment for professional services and reimbursable expenses, shall be at the rate and schedules in detail in Exhibit A.
However, shall in no event shall the amount CITY pays CONSULTANT exceed forty thousand dollars
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($40,000) for the term of this Agreement. Any Amendment to this Agreement that includes an increase to this compensation amount shall be made in accordance with Section 5 below.
CONSULTANT may submit monthly statements for services rendered; all statements shall include adequate documentation demonstrating work performed during the billing period. It is intended that CITY review such statement and pay CONSULTANT for services rendered within 30 days of receipt of a statement that meets all requirements of this Agreement. Payment by CITY shall not be deemed a waiver of unsatisfactory work, even if such defects were known to the CITY at the time of payment.
4. AUTHORIZED REPRESENTATIVES . Authorized representatives shall represent CITY and CONSULTANT in all matters pertaining to the services to be ordered by CITY or rendered by CONSULTANT under this Agreement except where approval for the CITY is specifically required by the City Council. The CITY’s authorized representative is [City Authorized Rep's Name] , [City Authorized Rep's Title] of the City Authorized Rep's Department . The CONSULTANT’s authorized representative is [Consultant Authorized Rep's Name] , [Consultant Authorized Rep's Title] .
5. AMENDMENT TO AGREEMENT . This Agreement may be amended in writing, subject to approval by both parties. If additional services are requested by CITY other than as described in the above Scope of Services, this Agreement may be amended, modified, or changed by the parties subject to mutual consent and in accordance with the CITY’s Municipal Code by execution of an Amendment by authorized representatives of both parties setting forth the additional scope of services to be performed, the performance time schedule, and the compensation for such services.
A. Amendment for Additional Compensation. CITY’s Authorized Representative is authorized to execute amendments to the Agreement on behalf of CITY, including amendments providing for additional compensation to CONSULTANT not to exceed $50,000 during the fiscal year, including the base contract amount, throughout the term of this Agreement. Any additional compensation to CONSULTANT that is $50,000 or more for the fiscal year, including the base contract amount, must be approved by City Council.
Consultant’s failure to secure CITY’s written authorization for additional compensation or chang es to the Scope of Work shall constitute a waiver of any and all right to adjustment in the price or time due,
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whether by way of compensation, restitution, quantum meruit, or similar relief.
6. INDEPENDENT CONTRACTOR . Both parties understand and acknowledge that CONSULTANT, its agents, employers and subcontractors are and shall at all times remain as to the CITY wholly independent contractors. Neither the CITY nor any of its officers or employees shall have any control over the manner by which the CONSULTANT performs this Agreement and shall only dictate the results of the performance. CONSULTANT shall not represent that CONSULTANT or its agents, employees or subcontractors are agents or em ployees of the CITY, and CONSULTANT shall have no authority, express or implied, to act on behalf of the CITY in any capacity whatsoever as an agent, and shall have no authority, express or implied, to bind the CITY to any obligation whatsoever, unless otherwise provided in this Agreement.
As an independent contractor, CONSULTANT shall not be eligible for any benefits, which the City may provide to its employees and all persons, if any, hired by CONSULTANT shall be employees or subcontractors of CONSULTANT and shall not be construed as employees or agents of the CITY in any respect.
CONSULTANT shall receive no premium or enhanced pay for work normally understood as overtime, i.e., hours that exceed forty (40) hours per work week, or work performed during non-standard business hours, such as in the evenings or on weekends. CONSULTANT shall not receive a premium or enhanced pay for work performed on a recognized holiday. CONSULTANT shall not receive paid time off for days not worked, whether it be in the form of sick leave, administrative leave, or for any other form of absence. CONSULTANT shall pay all taxes, assessments and premiums under the federal Social Security Act, any applicable unemployment insurance contributions, Workers Compensation insurance premiums, sales taxes, use taxes, per sonal property taxes, or other taxes or assessments now or hereafter in effect and payable by reason of or in connection with the services to be performed by CONSULTANT.
7. STANDARD OF PERFORMANCE. CONSULTANT represents and warrants to CITY that CONSULTANT is skilled and able to provide such services described in the Scope of Work and that such services shall be performed in an expeditious manner, and with the degree of skill and care that is required by current, good, and sound procedures and practices. CONSULTANT further agrees that the services shall be in conformance with generally accepted professional standards prevailing at the time
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work is performed.
8. PERFORMANCE BY CONSULTANT . CONSULTANT shall not employ other consultants, subconsultants, experts, or contractors without the prior written approval of the CITY.
Notwithstanding the foregoing, CITY shall not be obligated or liable for payment hereunder to any party other than the CONSULTANT. CONSULTANT hereby designates the CONSULTANT’S representative as the person primarily responsible for the day -to-day performance of CONSULTANT'S work under this Agreement. CONSULTANT shall not change the CONSULTANT’S representative without the prior written consent of the CITY. Unless otherwise expressly agreed by the CITY, CONSULTANT'S representative shall remain responsible for the quality and timeliness of performance of the services, notwithstanding any permitted or approved delegation hereunder.
9. OWNERSHIP AND MAINTENANCE OF DOCUMENTS . All documents furnished by CONSULTANT pursuant to this Agreement are instruments of CONSULTANT’s services in respect to this project. They are not intended nor are represented to be suitable for reuse by others except CITY on extensions of this project or on any other project. Any reuse without specific written verification and adoption by CONSULTANT for the specific purposes intended will be at user’s sole risk and without liability or legal exposure and expenses to CONSULTANT, including attorney’s fees arising out of such unauthorized reuse.
CONSULTANT’s records, documents, calculations, and all other instruments of service pertaining to actual project shall be given to CITY at the completion of the project. The CITY reserves the right to specify the file format that electronic document deliv erables are presented to the CITY. [Alternative: Title to all plans, specifications, maps, estimates, reports, manuscripts, drawings, descriptions and other final work products compiled by the CONSULTANT under the Agreement shall be vested in the CITY, none of which shall be used in any manner whatsoever, by any person, firm, corporation, or agency without the expressed written consent of the CITY. Basic survey notes and sketches, charts, computations, and other data prepared or obtained under the Agreement shall be made available, upon re quest, to the CITY without restriction or limitations on their use. CONSULTANT may retain copies of the above -described information but agrees not to disclose or discuss any information
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gathered, discussed or generated in any way through this Agreement without the written permission of CITY during the term of this Agreement, unless required by law. ]
10. INDEMNIFICATION . CONSULTANT agrees to defend, indemnify and hold harmless the CITY, its officers, officials, employees, agents and volunteers from and against any and all claims, demands, actions, losses, damages, injuries, and liability (including all attorney's fees and other litigation expenses) arising out of the CONSULTANT’s performance under the terms of this Agreement. This indemnification obligation on CONSULTANT’S part shall not apply to demands, actions, losses, damages, injuries, and liability arising out of sole negligence or willful misconduct on the part of CITY.
11. INSURANCE. CONSULTANT shall, at its own expense, procure and maintain in full force at all times during the term of this Agreement the following insurance:
A. Commercial General Liability Coverage . CONSULTANT shall maintain commercial general liability insurance with limits of no less than one million dollars ($1,000,000) combined single limit per occurrence or two million dollars ($2,000,000) aggregate limit for bodily injury, personal injury, and property damage.
B. Automobile Liability Coverage . CONSULTANT shall maintain automobile liability insurance covering all vehicles used in the performance of this Agreement providing a one million dollar ($1,000,000) combined single limit per occurrence for bodily injury, personal injury, and property dam age.
C. Professional Liability Coverage (Errors and Omissions). CONSULTANT shall maintain professional liability insurance with coverage for all negligent errors, acts or omissions committed by CONSULTANT, its agents and employees in the performance of this Agreement. The amount of this insurance shall be not less than one million dollars ($1,000,000) on a claims made annual aggregate basis or a combined single limit per occurrence basis.
D. Compliance with State Workers' Compensation Requirements .
CONSULTANT covenants that it will insure itself against liability for Workers' Compensation pursuant to the provisions of California Labor Code §3700, et seq. CONSULTANT shall, at all times, upon demand of the City, furnish proof that Workers' Compensation Insurance is being maintained by it in
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force and effect in accordance with the California Labor Code. The insurer shall also agree to waive all rights of subrogation against the CITY, its officers, officials, employees and volunteers for losses arising from work performed by CONSULTANT for CIT Y. This provision shall not apply upon written verification by CONSULTANT that CONSULTANT has no employees.
E. Other Insurance Provisions. The policies are to contain, or be endorsed to contain the following provisions:
(1) Additional Insured. CITY, its officers, agents, employees, and volunteers are to be covered as an additional insured as respects: Liability arising out of activities performed by or on behalf of CONSULTANT and operations of CONSULTANT, premises owned, occupied, or used by CONSULTANT. The coverage shall contain no special limitations on the scope or protection afforded to CITY, its officers, officials, employees, or volunteers.
Except for worker's compensation and professional liability insurance, the policies mentioned in this subsection shall name CITY as an additional insured and provide for notice of cancellation to CITY.
CONSULTANT shall also provide timely and prompt noti ce to CITY if CONSULTANT receives any notice of cancellation or nonrenewal from its insurer.
(2) Primary Coverage. CONSULTANT'S insurance coverage shall be primary insurance with respect to CITY, its officers, officials, employees, and volunteers. Any insurance, risk pooling arrangement, or self -insurance maintained by CITY, its officers, officials, employees, or volunteers shall be in excess of CONSULTANT'S insurance and shall not contribute with it. (3) Reporting Provisions. Any failure to comply with the reporting provisions of the policy shall not affect the coverage provided to the CITY, its officers, officials, employees, or volunteers.
(4) Verification of Coverage. CONSULTANT shall furnish CITY with certificates of insurance and the original endorsements effecting coverage required by this Agreement.
The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The aforementioned policies shall be issued by an insurance carrier having a rating of Best A-7 or better which is satisfactory to the City Attorney and shall be delivered
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to CITY at the time of the execution of this Agreement or before work commences. Such policies and certificates shall be in a form approved by the City Attorney. CITY reserves the right to require complete certified copies of all required insurance polic ies at any time.
12. TIME OF PERFORMANCE . The time of performance of the services under this Agreement is of the essence, and all time deadlines identified in this Agreement or Scope of Services shall be strictly construed.
13. SUSPENSION OF WORK . CITY may, at any time, by ten (10) days’ written notice, suspend further performance by CONSULTANT. All suspensions shall extend the time schedule for performance in a mutually satisfactory manner, and CONSULTANT shall be paid for services performed and r eimbursable expenses incurred prior to the suspension date. During the period of suspension, CONSULTANT shall not receive any payment for services, or expenses, except for reasonable administration expenses, incurred by CONSULTANT by reason of such suspension.
14. TERMINATION. CITY may terminate this Agreement for any reason upon ten (10) days written notice to the other party. CITY may terminate the Agreement upon five (5) days written notice if CONSULTANT breaches this Agreement. In the event of any termination, CONSULTANT s hall promptly deliver to the CITY any and all finished and unfinished reports or other written, recorded, photographic, or visual materials, documents, data, and other deliverables (“Work Materials”) prepared for the CITY prior to the eff ective date of such termination, all of which shall become CITY’s sole property. After receipt of the Work Materials, CITY will pay CONSULTANT for the services performed as of the effective date of the termination.
15. COMPLIANCE WITH CIVIL RIGHTS . During the performance of this contract, CONSULTANT agrees as follows:
A. Equal Employment Opportunity. In connection with the execution of this Agreement, CONSULTANT shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, or national origin. Such actions shall include, but not be limited to, the following: employment, promotion, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection for training
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including apprenticeship.
B. Nondiscrimination Civil Rights Act of 1964. CONSULTANT will comply with all federal regulations relative to nondiscrimination in federally assisted programs.
C. Solicitations for Subcontractors including Procurement of Materials and Equipment. In all solicitation, either by competitive bidding or negotiations, made by CONSULTANT for work to be performed under a subcontract including procurement of materials or leases of equipment, each potential subcontractor, supplier or lessor shall be notified by CONSULTANT of CONSULTANT’S obligation under this Agreement and the regulations relative to nondiscrimination on the grounds of race, religion, color, sex, or national origin..
16. CONFLICT OF INTEREST.
A. CONSULTANT covenants and represents that neither it, nor any officer or principal of its firm, has, or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of CITY or which would in any way hinder CONSUL TANT’s performance of services under this Agreement. CONSULTANT further covenants that in the performance of the Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express writ ten consent of the CITY. CONSULTANT agrees to at all times avoid conflicts of interest, or the appearance of any conflicts of interest, with the interests of the CITY in the performance of this Agreement.
B. CONSULTANT is not a designated employee within the meaning of the Political Reform Act because CONSULTANT:
(1) Will conduct research and arrive at conclusions with respect to its rendition of information, advice, recommendation or counsel independent of the control and direction of the CITY or of any CITY official, other than normal contract monitoring; and (2) Possesses no authority with respect to any CITY decision beyond the rendition of information, advice, recommendation or counsel. (2 Cal. Code Regs. § 18700(a)(2).)
17. COMPLIANCE WITH LAWS . CONSULTANT shall comply with all applicable Federal, State of California, and local laws, rules, and regulations and shall obtain all applicable licenses,
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including a business license with the City of Concord, and permits for the conduct of its business and the performance of the services.
18. CHOICE OF LAW . This Agreement shall be construed and interpreted in accordance with the laws of the State of California, excluding any choice of law rules which may direct the application of the laws of another jurisdiction. In the event that suit shall be brought by either party hereunder, the parties agree that trial of such action shall be held exclusively in a state court in the County of Contra Costa, California.
19. NON-WAIVER. The waiver by either party of any breach of any term, covenant, or condition contained in the Agreement, or any default in their performance of any obligations under the Agreement shall not be deemed to be a waiver of any other breach or default of the same or any other term, covenant, condition, or obligation, nor shall any waiver of any incident of breach of default constitute a continuing waiver of same.
20. ENFORCEABILITY; INTERPRETATION. In the event that any of the provisions or portions of application of any of the provisions of the Agreement are held to be illegal or invalid by a court of competent jurisdiction, CITY and CONSULTANT shall negotiate an equitable adjustment in the provisions of the Agreement with a view toward affecting the purpose of the Agreement. The illegality or invalidity of any of the provisions or portions of application of any of the provisions of the Agreement shall not affect the legality or enforceability of the remaining provisions or portions of application of any of the provisions of the Agreement. This Agreement shall be interpreted as though it was a product of a joint drafting effort and no provisions shall be interpreted against a party on the ground that said party was solely or primarily responsible for drafting the language to be interpreted.
21. INTEGRATION. All exhibits identified in this Agreement are attached hereto and incorporated herein by reference. The Agreement contains the entire agreement and understanding between the parties as to the subject matter of this Agreement. It merges and supersedes all prior or contemporaneous agreements, commitments, representation, writings, and discussions between CONSULTANT and CITY, whether oral or written.
22. SUCCESSORS AND ASSIGNS: NO THIRD PARTY BENEFICIARIES; NO JOINT
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VENTURE. CITY and CONSULTANT respectively, bind themselves, their successors, assigns, and legal representatives to the terms and obligations of this Agreement. CONSULTANT shall not assign or transfer any interest in the Agreement without the CITY's prior written consent, which consent shall be in the CITY’s sole discretion. Any attempted assignment or transfer in breach of this provision shall be void.
This Agreement is not intended and shall not be construed to create any third party benefit. This Agreement is not intended and shall not be construed to create a joint venture or partnership between the parties. CONSULTANT, its officers, employees and agents shall not have any power to bind or commit the CITY to any decision.
23. FINANCIAL RECORDS. Records of CONSULTANT’s direct labor costs, payroll costs, and reimbursable expenses pertaining to this project covered by this Agreement will be kept on a generally recognized accounting basis and made available to CITY if and when required.
24. NOTICES. All notices required hereunder shall be in writing and mailed postage prepaid by certified or registered mail, return receipt requested, or by personal delivery to the CITY's address as shown below, or such other places as CITY or CONSULTANT may, from ti me to time, respectively, designate in a written notice given to the other. Notice shall be deemed received three (3) days after the date of the mailing thereof or upon personal delivery.
To CITY:
{Auto-Filled}, {Auto-Filled}
{Auto-Filled}
City of Concord
1950 Parkside Drive
Concord, CA 94519-2578
Phone: (925) -
Fax: (925) -
To CONSULTANT: {Auto-Filled}, {Auto-Filled}
{Auto-Filled}
{Auto-Filled}
{Auto-Filled} {Auto-Filled} {Auto-Filled}
Phone: ( ) -
Fax: ( ) -
25. NON-LIABILITY. No member of the CITY and no other officer, employee or agent of the CITY shall be personally liable to CONSULTANT or otherwise in the event of any default or breach
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of the CITY, or for any amount which may become due to CONSULTANT or any successor in interest, or for any obligations directly or indirectly incurred under the terms of this Agreement.
26. EXECUTION . Each individual or entity executing this Agreement on behalf of Applicant represents and warrants that he or she or it is duly authorized to execute and deliver this Agreement on behalf of Applicant and that such execution is binding upon Applicant.
This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.
IN WITNESS WHEREOF, the parties have executed this Agreement in one (1) or more copies as of the date and year first written above.
CONSULTANT CITY OF CONCORD, a Municipal
Corporation
By:_________________________________ By:______________________________
Name: {Auto-Filled} Name: Valerie J. Barone
Title: {Auto-Filled} Title City Manager
Address: {Auto-Filled} Address: 1950 Parkside Drive
{Auto-Filled} {Auto-Filled} {Auto-Filled} Concord, CA 94519 Telephone: ( ) - Telephone: (925) 671-3150
APPROVED AS TO FORM: ATTEST:
City Attorney City Clerk
FINANCE DIRECTOR'S CERTIFICATION:
Concord, California
Date: _____________________________, 20
I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED
DURING THE CURRENT FISCAL YEAR TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.
THE SUM OF $ . Account Code .
Finance Director's Signature
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EXHIBIT A
SCOPE OF SERVICE
(to be inserted at time of contract)
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EXHIBIT B
INSURANCE REQUIREMENTS
CITY OF CONCORD INSURANCE AND INDEMNIFICATION REQUIREMENTS CONSULTANT shall procure and maintain for the duration of the contract insurance against claims from injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by CONSULTANT, their agents, representatives, employees or subcontractors.
MINIMUM SCOPE OF INSURANCE.
Coverage shall be at least as broad as:
1. Commercial General Liability Policy: CONSULTANT shall maintain during the term of this Agreement a commercial general liability insurance policy providing coverage of at least one million ($1,000,000) combined single limit per occurrence or two million ($2,000,000) aggregate limit for bodily injury, personal injury and property damage. The coverage shall contain no special limitations on the scope or protection afforded to CITY, its officers, officials, agents, employees, or volunteers. CONSULTANT’s insu rance coverage shall be primary insurance with respect to CITY, its officers, officials, agents, employees, and volunteers. Any insurance, risk pooling arrangement, or self -insurance maintained by CITY, its officers, officials, agents, employees, or volunteers shall be in excess of CONSULTANT’s insurance and shall not contribute with it.
2. Automobile Liability Coverage. CONSULTANT shall maintain automobile liability insurance covering all vehicles used in the performance of this Agreement providing a one million dollar ($1,000,000) combined single limit per occurrence for bodily injury, personal injury, and property damage.
3. Professional Liability Coverage (Errors and Omissions). CONSULTANT shall maintain professional liability insurance with coverage for all negligent errors, acts or omissions committed by CONSULTANT, its agents and employees in the performance of this Agreement. The amount of this insurance shall be not less than one million dollars ($1,000,000) on a claims made annual aggregate basis or a combined single limit per occurrence basis.
4. Workers Compensation: CONSULTANT covenants that it will insure itself against liability for Workers' Compensation pursuant to the provisions of California Labor Code §3700, et seq.
CONSULTANT shall, at all times, upon demand of the CITY, furnish proof that Workers' Compensat ion Insurance is being maintained by it in force and effect in accordance with the California Labor Code. The insurer shall also agree to waive all rights of subrogation against the CITY, its officers, officials, agents, employees and volunteers for losses arising from work performed under this Agreement. This provision shall not apply upon written verification by CONSULTANT that CONSULTANT has no employees.
ATTACHMENT 1
RFP# ED100824 – Consultant Services – EDSP
If CONSULTANT maintains broader coverage and/or higher limits than the minimums shown above, the CITY requires and shall be entitled to the broader coverage and/or higher limits maintained by CONSULTANT. A lapse in any required insurance coverage during this Agreement shall be a breach of this Agreement.
The policies are to contain, or be endorsed to contain the following provisions:
1. Additional Insured. CITY, its officers, officials, agents, employees, and volunteers are to be covered as an additional insured as respects: Liability arising out of activities performed by or on behalf of CONSULTANT and operations of CONSULTANT, premises owned, occupied, or used by CONSULTANT. The coverage shall contain no special limitations on the scope or protection afforded to CITY, its o fficers, officials, agents, employees, or volunteers.
Except for worker's compensation and professional liability insurance, the policies mentioned in this subsection shall name CITY as an additional insured and provide for notice of cancellation to CITY. CONSULTANT shall also provide timely and prompt notice to CITY if CONSULTANT receives any notice of cancellation or nonrenewal from its insurer.
2. Primary Coverage. CONSULTANT'S insurance coverage shall be primary insurance with respect to CITY, its officers, officials, agents, employees, and volunteers. Any insurance, risk pooling arrangement, or self -insurance maintained by CITY, its officers, officials, agents, employees, or volunteers shall be in excess of CONSULTANT'S insurance and shall not contribute with it.
3. Reporting Provisions. Any failure to comply with the reporting provisions of the policy shall not affect the coverage provided to the CITY, its officers, officials, agents, employees, or volunteers.
4. Verification of Coverage. CONSULTANT shall furnish CITY with certificates of insurance and the original endorsements effecting coverage required by this Agreement. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The aforementioned policies shall be issued by an insurance carrier having a rating of Best A -7 or better which is satisfactory to the City Attorney and shall be delivered to CITY at the time of the execution of this Agreement or before work commences. Such policies and certificates shall be in a form approved by the City Attorney. CITY reserves the right to require complete certified copies of all required insurance policies at any time.
5. Inclusion in Subcontracts. To the extent any of the services required of CONSULTANT under this Agreement are subcontracted to a third party, CONSULTANT shall include all of the provisions of this Section in all such subcontracts as obligations of the subcontractor.
ATTACHMENT 1
RFP# ED100824 – Consultant Services – EDSP
EXHIBIT C
COST PROPOSAL FORM
Provide a cost proposal that includes all labor costs, overhead costs, sub-consultant costs, and any other related expenses. Show hours per staff member and base labor rates.
Solely for the purposes of evaluating the Proposal, please indicate the estimated number of hours and pricing that will be assigned for each staff member to provide the requested consultant services identified in the table below. The total number of estim ated hours for consulting services for this project is ___________
.
On the indicated lines, please provide your Payroll Rate and Billable Rate for each category. The Payroll Rate is defined as the actual hourly rate your company pays each employee or contractor. The Billable Rate is the rate your company charges the City for services .
Hourly Price
Position Hours Payroll Hourly Rate Billable Rate Extension Billable Rate x # of Hour
a. $______________ $______________
b. $______________ $______________
c. $______________ $______________
d. $______________ $______________
e. $______________ $______________
f. $______________ $______________
g.
$______________ $______________
TOTAL
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ATTACHMENT 1
RFP# ED100824 – Consultant Services – EDSP
EXHIBIT D
EXCEPTIONS TO SPECIFICATIONS/REQUIREMENTS
☐ PLEASE CHECK THIS BOX IF YOU H AV E NO EXCEPTIONS TO OUR
REQUIREMENTS
List
below requests for clarifications, exceptions, and amendments, if any, to the RFP and its exhibits, and submit with your Proposal response.
The City is under no obligation to accept any exceptions and such exceptions may be a basis for Proposal disqualification.
Item
No.
Reference To:
Description Pa ge No. Par ag r aph
No.
ATTACHMENT 1
RFP# ED100824 – Consultant Services – EDSP
Exhibit E
Debarment and Suspension Certification*
TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29
The Proponents, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, manager:
• is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal department or agency;
• has not been suspended, debarred, voluntarily excluded or declared ineligible by any Federal agency within the past 3 years;
• does not presently have a proposed debarment pending; and • has not been indicted or convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years;
If there are any exceptions to this certification, insert the exceptions in the following space.
____________________________________________________________________________
____________________________________________________________________________ Exceptions will not necessarily result in denial of award but will be considered in determining Proponents responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action
.
Note: The above certification is part of the Proposal. Signing the Proposal on the signature portion thereof shall also constitute signature of this Certification. Providing false information may result in criminal prosecution or administrative sanctions.
___________________________________
Name of Firm
____________________________________
Name and Title of Authorized Representative
____________________________________ _____________
Signature of Proponents or Authorized Representative Date
*Fulfills requirements of Title 49, CFR, Part 29 (applicable to all subcontracts, purchase orders, and other lower tier transactions of $25,000 or more) 1
1 Reference: Local Assistance Procedures Manual (DLA‐OB 13‐06, Exhibit 12‐G Required Federal‐aid Contract Language, Page 15 0f 22, August 12, 2013)
Proposal to Prepare the City of
Concord Economic Development
Strategic Plan
RESPONSE TO RFP # ED100824
Prepared for:
City of Concord
November 26, 2024
Attachment 3
0 Table of Contents
TABLE OF CONTENTS ............................................................................................................... 0 COVER LETTER .................................................................................................................. 1 GENERAL QUALIFICATIONS .............................................................................................. 2 Firm Description and Qualifications .................................................................................................... 2 Examples of Strategic Economics’ Qualifications ......................................................... 3 Examples of GRES’s Qualifications ................................................................................ 5 Key Team Members ............................................................................................................................. 6 Project Management Structure ...................................................................................... 6 PROJECT WORK PLAN ...................................................................................................... 8 Project Understanding and Approach ................................................................................................. 8 Scope and Methodology ...................................................................................................................... 9 Schedule ............................................................................................................................................ 14 COST PROPOSAL ............................................................................................................. 14 REFERENCES .................................................................................................................. 15 SAMPLE WORK PRODUCTS ............................................................................................ 15 COMMENTS ON SAMPLE AGREEMENT.......................................................................... 15 APPENDIX: TEAM MEMBER RESUMES ........................................................................... 0
Strategic Economics Proposal to Prepare Concord EDSP 1
Cover Letter
November 26, 2024
Elvia Fernandez
City of
Concord Purchasing Division
1950 Parkside Drive
Concord, California 94519
Dear Ms. Fernandez:
I am pleased to submit the enclosed proposal to prepare an economic development strategic plan for the City of Concord. Strategic Economics specializes in conducting economic and market analyses and preparing municipal economic development strategies. For example, our recent economic development strategy work includes projects for the cities of Dublin, San Leandro, Ventura, and Milpitas. We take a holistic approach that synthesizes demographic and industry trends at the city and regional level with land use and zoning policies to arrive at place-based strategies for economic development.
Strategic Economics brings extensive knowledge of East Bay and Contra Costa County economic conditions and trends gained through recent and current studies for East Bay EDA— including East Bay Forward and the Industrial Land Use Implementation Toolkit. Our firm also has a long history of working on projects in Contra Costa County for city, county, and regional agencies on projects such as studies for Downtown Martinez and as part of BART station area planning efforts.
For this effort we have partnered with Greensfelder Real Estate Strategy. GRES will conduct a focused analysis o f retail and shopping center conditions in Concord. GRES specializes in retail analysis, tenant and property owner preferences, and deal structuring.
We believe that our team’s technical expertise, approach to stakeholder engagement, and extensive experience preparing economic development strategies for East Bay communities are the right combination for preparing Concord’s economic development strategic plan. I am our primary contact for this proposal; my phone number, email address, and mailing address are shown below. Please do not hesitate to contact me with any questions.
Best regards,
Derek W. Braun
Principal, Strategic Economics, Inc.
(510) 647-5291 ext. 112 | [email protected] 2991 Shattuck Ave, Ste 203, Berkeley, CA 94705
Strategic Economics Proposal to Prepare Concord EDSP 2
General Qualifications
FIRM DESCRIPTION AND QUALIFICATIONS
Strategic Economics, Inc. provides economic analysis
and advisory services for local and regional
governments, developers, community groups, and
non-profits to create sustainable, high-quality places
for people to live and work. We are widely recognized
for our strength in addressing complicated projects
requiring innovative analysis and cross -disciplinary teamwork. Our staff brings extensive expertise in many disciplines including economics, urban planning, public policy and finance, and real estate development. We combine depth of technical knowledge with an understanding of “the big picture,” and excel at translating our work into materials that are accessible to any audience.
Strategic Economics specializes in conducting municipal economic development strategic plans and studies. We are currently completing economic development strategies for the cities of Dublin and San Leandro , and in recent years completed similar projects for Ventura, Milpitas, Santa Cruz, Culver City, Alameda, Cupertino, Pleasanton, and San Jose. We are also currently completing targeted economic development analyses and strategies for Alameda County, Union City , and Newark . Our firm has specialized knowledge of the East Bay and Contra Costa County economic opportunities and challenges through our work on the “East Bay Forward” report and the Industrial Land Use Implementation Toolkit for the East Bay Economic Development Alliance.
Strategic Economics has been in business for 26 years and has nine employees. The firm is a Berkeley, California -based corporation and a certified women -owned, small business, Alameda County Small Local Business, and California Small Business Enterprise.
RETAIL SUBCONSULTANT: GREENSFELDER REAL ESTATE STRATEGY Our team for the Concord Economic Development
Strategic Plan project Greensfelder Real Estate Strategy.
David Greensfelder of Greensfelder Real Estate Strategy will provide focused analysis and policy guidance
regarding the Concord’s evolving retail positioning, market opportunities, and potential actions to sustain and improve retail health and sales tax revenues.
Greensfelder Real Estate Strategy is a boutique consulting firm that seeks to define the place- brand, and to translate that into a strategic plan that addresses the consumer experience at the ground level. GRES brings national perspective and local knowledge to communities and projects requiring retail planning, place -making, and economics expertise, and where retail strategy and positioning are part of the scope -of-work. GRES not only prioritizes
Strategic Economics Proposal to Prepare Concord EDSP 3
recommendations and strategies and categorizes them as being for the short, medium, and long-term, but also makes a point of recommending “What you should do on Monday” after the consulting portion of your project is complete.
Examples of GRES ’s significant assignments completed in collaboration with Strategic Economics include the Dublin Economic Development Strategy, San Jose, California’s Citywide and Downtown Retail Studies, and Petaluma’s General Plan Update. Other projects include the Downtown Los Angeles’ Civic Center Master Plan, Downtown Albuquerque’s Master Plan, Boulder, Colorado’s Citywide Retail Strategy, Bellevue, Washington’s Citywide Retail Strategy, Fremont’s Irvington District Land Use Conversion Study, large -scale infill redevelopment projects in Honolulu and Silicon Valley, market strategies for retailers and REITs, and repositioning programs for over a dozen “dead” malls including Cupertino’s 1.4MM SF Vallco Fashion Square. GRES is a certified SBE based in Albany, California, and has been in business for 16 years, with prior limited engagements beginning in 1991.
Examples of Strategic Economics’ Qualifications
The following project examples demonstrate Strategic Economics’ experie nce providing economic development analysis, strategy, and implementation services similar to those required for the Concord Economic Development Strategic Plan effort.
Strategic Economics & GRES: Dublin Economic Development Strategy and Element City of Dublin, California | September 2023 – Ongoing
Strategic Economics is leading a team —
including GRES
—to prepare a new Economic
Development Strategy and Economic
Development Element of the General Plan for
the City of Dublin —one of the fastest growing
cities in California. The economic, market,
retail, and other analyses completed for the
project found that the city’s rapid residential
growth and highly educated population have
positioned the city to better compete for
professional services, biomedical, and other office -based and innovation -oriented jobs beyond the city’s longstanding strengths in household-serving and government jobs. Strategic Economics authored policies and strategies focused on leveraging these opportunities in ways that balance simultaneously spurring reinvestment in older commercial districts while accelerating development at greenfield commercial and light industrial opportunity sites such as the “Fallon East” area. Strategic Economics also led stakeholder engagement to inform this work, including stakeholder interviews, roundtable meetings, and online business and community surveys. The Dublin City Council adopted the Economic Development Strategy in October 2024, and Strategic Economics is now completing the Economic Development Element.
Strategic Economics Proposal to Prepare Concord EDSP 4
Strategic Economics: East Bay EDA Industrial Land Use Toolkit East Bay Economic Development Alliance | November 2022 – December 2023 Strategic Economics prepared a snapshot of
industry and real estate market trends for the
San Francisco Bay Area’s East Bay region,
which includes Alameda and Contra Costa
Counties. These trends made the case for
why industrial land is so important to the
East
Bay’s economy and workforce. Using the
snapshot findings as a starting point,
Strategic Economics then created an
industrial Land Use Toolkit offering tools,
strategies and other best practices for
preserving and enhancing the region’s
industrial land supply. Strategic Economics used data analysis, literature reviews, stakeholder interviews, case studies, and focus groups to identify the type of tools East Bay communities can use to support ongoing growth in their key industries. The toolkit offers a variety of tools to reflect the diverse East Bay community contexts, while also leveraging each community’s strengths to create a stronger regional economic “ecosystem.” Our work has helped East Bay communities see a clearer link between their land use policies and their economic development initiatives and to more fully understand that the region has the potential to capture more economic growth—especially for many innovation-driven industries.
Strategic Economics: San Leandro Economic Development Strategy City of San Leandro | September 2023 - Ongoing
Strategic Economics prepared a new Economic Development Strategy and detailed implementation work plan for the City of San Leandro. Strategic Economics conducted data analysis, engaged community members through interviews, focus groups, and two community w
orkshops, and gathered insights on the city's unique
strengths, weaknesses, opportunities, and threats. The economic assessment examined employment, retail, hotel, and workforce trends and positioning. Among other findings, the analysis identified key opportunities to grow innovation -oriented businesses tied to the City’s large industrial land supply and enhanced regional workforce access as the BART system
expands. Strategic Economics prepared the Economic
Development Strategy based on this assessment, the community priorities expressed through workshops, and input shared by a variety of stakeholders during focus group meetings. The strategy set forth six major goals, with each goal supported by specific strategies, action steps, and performance objectives . S trategic Economics also prepared a funding resources
Strategic Economics Proposal to Prepare Concord EDSP 5
assessment for implementation actions requiring outside support. The San Leandro City Council adopted the Strategy in September 2024.
Examples of GRES’s Qualifications
GRES: Citywide, Downtown, and North San Jose Retail Strategy City of San Jose, California | 2019
Greensfelder Commercial Real Estate was asked to join the team (including Strategic Economics) updating San Jose’s citywide, Downtown, and North San Jose retail strategies. The primary objectives for the project included: 1) Preparing a Citywide Retail Strategy that identified
opportunities to
increase retail sales tax revenues in the City as a whole by identifying new retail sites and/or by applying emerging retail land use thinking to existing centers for repositioning; 2) Identifying a specific retail strategy for Downtown San Jose to inform the Downtown Strategic Plan update, promote connectivity between two distinct retail districts, protect key areas for retail use, assist with retailer recruitment, and contribute to place making and overall quality of life in Downtown; and 3) Developing a retail strategy for North San Jose, one of the City’s fastest growing areas, to inform policy decisions with the additional goals of identifying the best locations for future retail, retailer recruitment, and enhancing the overall quality of life in the District.
Strategic Economics Proposal to Prepare Concord EDSP 6
GRES: Retail Analyses and Policy Recommendations for the Petaluma General Plan Update City of Petaluma, California | 2021 – Ongoing
Greensfelder Real Estate Strategy is serving as part
of a team (including Strategic Economics) updating
Petaluma’s General Plan.
GRES supported the
development of the general plan economic
development, housing, arts and culture, and land
use elements by performing retail resilience
assessments, explaining how retail intersects with
forward-looking planning concepts such as 15 -
Minute Cities, and behavioral economics concepts such as weak links and experience goods.
We explained The Future of Retail in a whi te paper that was also the basis for a community - wide discussion about retail and commercial vibrance. We addressed the poor distribution of goods and services throughout the City including creating connections between key commercial districts. GRES helped to identify key sites (often obsolete shopping centers) for land use conversion, and then crafted policy recommendations that would encourage a marked-driven evolution to desired uses, increased density, decreased vehicle miles traveled, and mitigated negative impacts on the City’s retail ecosystem and its neighborhoods. Our work included extensive stakeholder outreach, collaboration with staff, working with an appointed community task force, and reporting out to the greater community.
KEY TEAM MEMBERS
Project Management Structure
Strategic Economics will serve as lead consultant for the Concord Economic Development Strategic Plan effort , with responsibility for project management, communications , stakeholder engagement, and deliverables. GRES will serve as a subconsultant to Strategic Economics, with David Greensfelder supporting the retail analyses. Strategic Economics team members will serve in the following roles:
• Derek Braun: principal-in-charge and primary project manager • Ryan Haight: lead analyst, deputy project manager, and primary day -to-day point of communication
• T.J. McKiernan: analyst
• Jorge Mariscal: GIS and data analyst
Qualifications for three key staff are briefly described below. Detailed qualifications for all staff are shown in the resumes located in the appendix to this proposal.
Strategic Economics Proposal to Prepare Concord EDSP 7
DEREK W. BRAUN, PRINCIPAL, STRATEGIC ECONOMICS
Derek Braun has wide -ranging experience in the analysis of employment and industry trends, market opportunities and demand, the economic and fiscal impacts of development, and implementation and public financing strategies. With 16 years of experience at Strategic Economics, Mr. Braun’s work includes preparation of economic development strategies for the cities of Dublin, San Lenadro, Milpitas, Ventura, Santa Cruz, Culver City, Alameda, Pleasanton, and the two-county East Bay region. Additionally, he has conducted industry analyses to guide a number of General Plan updates in California— including recent work in the life sciences hub of South San Francisco—and completed market analyses and fiscal and economic impact analyses for property development proposals and large plan areas.
Mr. Braun holds a Master of Planning degree from the University of Southern California, with a concentration in Economic Development. Mr. Braun also holds a Bachelor of Science degree in Management from Case Western Reserve University. He is currently serving his community as a San Francisco Planning Commissioner.
RYAN HAIGHT, ASSOCIATE, STRATEGIC ECONOMICS
Ryan Haight specializes in the relationship between public policy and regional development. Ryan has experience in a wide variety of qualitative and quantitative analytic methods.
While at Strategic Economics, Ryan has worked on a variety of projects relat ing to regional planning, transit -oriented planning, and overall long -term planning in support of equitable economic development – including work for BART’s Link21 Project, the East Bay Economic Development Alliance, and the City of Dublin. He has also contributed to financial and market analyses that support housing development in the City’s of San Carlos and Palo Alto. Ryan holds a Master of Urban and Regional Planning from Portland State University and a Bachelor of Arts, with a focus on government and environmental studies, from Lawrence University. He is based out of Denver, Colorado.
DAVID GREENSFELDER, GREENSFELDER REAL ESTATE STRATEGY
David Greensfelder, named a Top Retail Influencer for 2021 by GlobeStreet, is the founder and Managing Principal of Bay Area - based Greensfelder Real Estate Strategy. David is a specialist in economic development and redevelopment planning, retail resiliency, understanding retail opportunities by differentiating between commodity and specialty retail, and analyzing the impacts of competing retail channels on bricks-and-mortar storefronts. David recently authored the Market Analysis chapter for Building Small – A Handbook for Real Estate Entrepreneurs, Civic Leaders, and Great Communities (ULI,
Strategic Economics Proposal to Prepare Concord EDSP 8
2021), the Retail Revolution and Retrofit chapter for Brownfields and Economic Development (McFarland, April, 2021), and the Retail and Last Mile narrative in ULI- pwc’s 2019 Emerging Trends in Real Estate where he discussed how influencers, platforms, an evolving landlord - tenant relationship, a new equilibrium between retail and other product types is reshaping the retail landscape, and how the “last mile” is the least understood and biggest force impacting all product types. David has driven more than 325 development projects spanning 6.5 million SF and a finish market value estimated at over $1.25 billion. David graduated from Pitzer College (The Claremont Colleges) with a degree in Business Economics, and the SciARC Foundation Program.
Project Work Plan
PROJECT UNDERSTANDING AND APPROACH
The City of Concord is pursuing the creation of its Economic Development Strategic Plan at a pivotal moment in the Bay Area, national, and global economies. Enough time has now passed since the Covid -19 pandemic that it is now possible to begin assessing the post -pandemic period’s lasting transformative economic outcomes and opportunities—and to determine the guiding principles that will guide Concord’s priorities and efforts in the future.
Strategic Economics views the Economic Development Strategic Plan work as an opportunity to reassess local opportunities and challenges. This process relies on robust data analyses that focus on recent and projected industry and workforce conditions, examination of subarea- specific trends and opportunities, assessment of potential development opportunity sites, and collection of on -the-ground knowledge from a diverse variety of stakeholders. Our work will include consideration of hybrid work’s impacts on Co ncord’s office opportunities, the evolution of the retail landscape and its differing effects by shopping center/district, and the role of industrial districts in serving innovation-oriented businesses in Concord.
Through these efforts, Strategic Economics will identify targeted growth industries and identify challenges and opportunities for attracting, retaining, and growing different types of businesses. The work will incorporate consideration of how to sustain tax revenues, and will examine place-specific, site-specific, and land use -specific opportunities and concerns. We take a holistic approach that synthesizes demographic and industry trends at the city and regional level with land use and zoning policies to arrive at place -based strategies for economic development.
The goal of Strategic Economics’ work is to support Concord’s economic, workforce, and fiscal vitality by producing an implementation -oriented and community -supported Economic Development Strategic Plan. The document will clearly guide City staff actions and resource allocations over different phases of the next five years , along with longer-term recommendations. Key elements of our team’s approach include the following:
Strategic Economics Proposal to Prepare Concord EDSP 9
• Identification of forward-looking economic growth opportunities in Concord based on broader regional and global trends: A “top -down” analysis of industry growth projections for the East Bay and analysis of Concord’s employment by industry sector will clarify which of the City’s industry subsectors are best positioned for future expansion. This work will build on Strategic Economics’ recent projects for the East Bay EDA.
• Identification of unique, place -specific opportunities: In contrast to the “top -down” analysis above, a subarea analysis will be used to examine opportunities and constraints specific to each of Concord’s industrial, commercial, and retail districts.
Depending on data availability, this could include factors such as employment composition and performance by industry, commercial and industrial real estate trends, parcel characteristics, and unique opportunities or constraints based on commute access, development opportunities, and infrastructure needs.
• Prioritize local knowledge and expertise : Strategic Economics places a high value on merging quantitative analysis with the qualitative expertise of local stakeholders.
Through topic-specific stakeholder focus groups and one-on-one interviews , the Strategic Economics team will listen to and learn from Concord business owners, real estate stakeholders, partner organizations, and other stakeholders to gather local knowledge that could never be captured in a dataset. This approach will also help us strengthen existing relationships, build trust in the process, and ultimately craft community-responsive strategies.
• Partnership with City staff and decision-makers: Our team focuses on collaborative processes. We will work closely with City staff to prioritize aspects of the analysis and receive feedback on findings and recommendations . We also look forward to continuing our long history of successful working partnerships with elected decision- makers through meetings with the Housing and Economic Development Committee.
SCOPE AND METHODOLOGY
Strategic Economics proposes the following scope of work to complete the Concord Economic Development Strategic Plan (EDSP).
1. Project Startup and Management
Upon contract execution, Strategic Economics will review background materials and work with the City staff to kick off the project and request available data. Strategic Economics will attend an in-person project initiation meeting with City staff to review the scope of work and the schedule of deliverables, and meetings with stakeholders and decision -makers. After the meeting, Strategic Economics will tour the City with Concord staff.
Strategic Economics Proposal to Prepare Concord EDSP 10 Strategic Economics will hold bi -weekly meetings with City staff, or as needed, to discuss progress, project needs, and interim findings and recommendations. Close collaboration and communication with City staff is a hallmark of Strategic Economics’ working style to ensure the right questions are being addressed and to ensure our recommendations can be implemented.
Deliverable: Final project schedule
2. Housing & Economic Development Committee and City Council Meetings Strategic Economics will prepare for and lead four meetings of the H&ED Committee throughout the project. Anticipated meeting topics include: 1) input on a draft set of guiding principles; 2) adoption of guiding principles and review of SWOT analysis; 3) review of draft EDSP document, including Implementation of Actions matrix; 4) review and recommendation of approval of final EDSP document and Implementation of Actions matrix.
Strategic Economics will also attend up to two meetings of the full City Council for
consideration of adoption of the EDSP document and Implementation of Actions matrix.
3. Preparation of Guiding Principles
Development of the EDSP’s “guiding principles” is a critical first step to then prioritiz e elements of the EDSP analyses and prioritize strategies and actions for inclusion in the EDSP and Implementation of Actions matrix. Strategic Economics will prepare a first draft of the guiding principles based on review of existing City policy documents, past direction f rom the City Council, and information from City staff. These guiding principles will then be presented to the H&ED Committee for feedback.
Strategic Economics will then refine the guiding principles based on H&ED feedback and the
quantitative and qualitative analysis work and preparation of the SWOT. This process allows early direction from the H&ED while still incorporating refinements based on the EDSP process itself. The proposed final guiding principles will then be presented to the H&ED for approval or further modification.
Deliverable: Draft and final guiding principles document.
4. Analysis, Existing Conditions Report, and SWOT
Subtask 4.1: Workforce, Demographics, Major Industries, and Small Business Analysis Strategic Economics will conduct an analysis of Concord’s significant industry sectors to gain an understanding of the performance of the City’s industries. Strategic Economics will selectively analyze employment, industry, and business trends by examining local and regional trends and projections using a combination of Lightcast d ata (to be obtained by the City via East Bay EDA ), and/or City business license data (if available), and regional employment projections. These analyses will identify the city’s s trengths to gain an understanding of the types, composition, and performance of industries in Concord. The task will also provide insights into Concord’s specific strengths and weaknesses relative to the region.
Strategic Economics Proposal to Prepare Concord EDSP 11 In order to connect these industry projections with local workforce conditions and demographics, Strategic Economics will analyze demographic and household characteristics of the Concord population and workforce compared to the East Bay and North Contra Costa County area. We will also use U.S. Census LEHD data to examine commute patterns of residents and workers in Concord.
Strategic Economics will explore opportunities to use the City of Concord business license data to analyze the number and types of small and home -based businesses in the City.
Relevant information about the composition of these businesses and their owners will be prepared as possible, with findings also incorporating the results of the Small Business Needs Survey.
Subtask 4.2: Commercial Real Estate Market Analysis
In order to assess life science, office, and industrial tenanting opportunities and general retail market conditions, Strategic Economics will combine the findings of the employment analysis with an assessment of market conditions and positioning of these uses in Concord. Based on market and building -level data obtained via CoStar and local broker reports, Strategic Economics will examine Concord’s competitive performance versus the surrounding market area, development activity, building types and conditions, and current major vacancies. This data analysis will be supplemented by interviews with area brokers to understand tenant attraction challenges and opportunities, both generally and for specific locations, development opportunity sites, and any major vacancies. Findings will include a focus on the alignment or misalignment of existing building stock and development opportunities versus the needs of businesses in growing and expanding industry sectors. The analysis will explore mismatches between existing zoning and land use regulations versus business needs.
Finally, Strategic Economics will evaluate the performance and economic contribution of Concord’s hotels through analysis of quantitative data such as market reports and transient occupancy tax revenues (provided by the City), and will conduct interviews with hotel operators.
Subtask 4.3: Retail Analysis
Assuming the City of Concord can obtain City Council approval to share detailed sales tax data, Strategic Economics will prepare an analysis of citywide and subarea sales tax trends by store category. This analysis will be incorporated into the following work by GRES.
GRES will perform a health and performance check for up to three (3) centers or proposed retail projects identified by staff. This task will include evaluating the project's competitive position in the overall marketplace including location, tenant mix (existing and recommendations), physical characteristics (site plan/layout, retail space characteristics), and recommendations for long -term resilience going forward. In addition to the performance/health check described above, GRES will evaluate performance, challenges, and opportunities for Downtown Concord as well as Sun Valley Mall. This evaluation will address competitive positioning, leasability, physical characteristics, and opinion about what can be done to support the long-term health (return to health) of each.
Strategic Economics Proposal to Prepare Concord EDSP 12 Subtask 4.4: Subarea Assessments and Opportunity Sites
Strategic Economics will profile and provide analysis of areas with significant current or planned concentrations of employment and business activity in Concord. The analysis will examine:
• Subarea job locations and industry mix through mapping of major industry sectors (based on U.S. Census LEHD data).
• Building inventory through analysis of subarea commercial real estate data from CoStar.
• Stakeholder input regarding subarea trends, issues, and opportunities, gleaned from interviews with area brokers and stakeholders as part of the engagement activities. • Potential development opportunity sites based on mapping of the ratio of improvement (building) value to land value (I/L ratio) (if assessor data is available) and site characteristics relative to recent development projects.
The results of these subarea analyses will then be used to identify the economic development opportunities represented at each area, and used to inform place -specific and site-specific strategies and actions.
Subtask 4.5: Existing Conditions Report and SWOT Analysis Strategic Economics team will develop a summary of existing conditions and an analysis of strengths, weaknesses, opportunities, and threats (“SWOT”) for attracting, retaining, and growing different categories of businesses in Concord that will maintain the City’s long -term economic health.
Task 4 Deliverable : Admin Draft Existing Conditions Report and SWOT Analysis; upon receipt of a single consolidated set of non -conflicting City comments, a final draft will be prepared and delivered.
5. Stakeholder Focus Groups and Key Informant Interviews Strategic Economics will facilitate a series of up to six in-person (if occurring on no more than two days) or virtual stakeholder focus group meetings. The stakeholders will be defined in close coordination with City staff, but could potentially include: key business representatives of major industry sectors ; brokers, developers, community leaders, property owners ; education, workforce, and economic development organizations; and City staff. Strategic Economics will facilitate each of the meetings, formulating specific topics and questions with the goal of gathering required information and generating ideas for potential strategies. It is assumed that City staff will contact all stakeholders to schedule and coordinate the focus group meetings.
The Strategic Economics team will also conduct up to
eight phone or virtual interviews with
business community leaders representing different business types or industry sectors in Concord.
Strategic Economics Proposal to Prepare Concord EDSP 13 Task 5 Deliverable s: Stakeholder outreach plan for City staff approval; notes from stakeholder focus groups and interviews (with summary findings to be incorproated in the Task 4 deliverable)
6. Economic Development Strategic Plan and Implementation of Actions Matrix Based on the findings of the SWOT analysis and feedback from the H&ED, Strategic Economics will prepare a Preliminary Administrative Draft of the Economic Development Strategic Plan with an Implementation of Actions matrix. Strategic Economics will qualitatively describe impacts, costs, and implementation considerations for each strategy to assist staff and the H&ED to assess each concept. The Existing Conditions Report and SWOT Analysis will be included as an appendix to the EDSP.
The EDSP will prioritize strategies and actions that achieve the guiding principles.
The EDSP
will briefly describe relevant SWOT conclusions and future changes necessary to support retaining and expanding Concord’s existing and emerging major industry subsectors. The EDSP will also incorporate subarea -focused strategies related to places with significant economic and business activity in Concord, and will identify actions that accelerate investment in major development opportunity sites.
The Implementation of Actions matrix will identify specific prioritized actions for the next five years and beyond, with schedule/phasing and identification of responsible leading and supporting parties. The matrix will include strategies and actions for both the City as a whole and for subareas of the city, as appropriate.
Task 6 Deliverable: EDSP and Implementation of Actions Matrix – Preliminary Admin Draft, Admin Draft, Public Draft, Final Draft
Optional Task: Cell Phone Retail Data Analysis
Upon request and allocation of budget, GRES will obtain and analyze cell phone data that can show, among other things, the catchment from which various commercial/retail areas in the City draws customers. Identifying and confirming these traffic patterns can be helpful in developing strategies for capturing "on my route" trips as well as for widening the catchment from which an area draws. The data can also be used to establish the traffic patterns benefitting competing destinations, and develop strategies to attract businesses and shoppers that will improve attraction of business to Sun Valley Mall, The Veranda, Downtown Concord, and other key destinations.
Optional Task Deliverable: Summary of Cell Phone Retail Data Analysis findings
Strategic Economics Proposal to Prepare Concord EDSP 14
SCHEDULE
Strategic Proposes the following schedule for completion of the Concord EDSP project, based on an assumed start date of February 1, 2025. The schedule is subject to refinement in consultation with City staff.
Activity Start End
Project kickoff meeting February February
H&ED mtg 1: draft guiding principles March March
Stakeholder focus groups and
interviews
March March
Analysis, existing conditions, and SWOT February April
H&ED mtg 2: adopt guiding principles,
review SWOT analysis
May May
Preliminary Admin Draft EDSP &
Implementation of Actions
May June
Admin and Public Draft EDSP &
Implementation of Actions
June July
H&ED mtg 3: Review EDSP &
Implementation of Actions
July July
Refinement of EDSP & Implementation
of Actions
August August
H&ED mtg 4: Final review and adopt
recommendation of approval
September September
City Council review and adoption September October
Cost Proposal
Strategic Economics proposes a total budget of $89,992 to complete the specified scope of work (excluding optional task) . Staff labor rates, hours by task, and expenses are shown in the budget breakdown below. Labor rates are inclusive of labor and overhead costs.
Task # Description
TOTAL
HRS
TOTAL
AMOUNT
TOTAL
HRS
TOTAL
AMOUNT
TOTAL
HRS
TOTAL
AMOUNT
1 Project Startup and Management 20 $4,860 8 $1,240 4 $476 32 $6,576 9 $3,015 9 $3,015 41 $9,591 2 H&ED and City Council Meetings 26 $6,318 24 $3,720 0 $0 50 $10,038 9 $3,015 9 $3,015 59 $13,053 3 Guiding Principles 6 $1,458 18 $2,790 0 $0 24 $4,248 0 $0 0 $0 24 $4,248 4 Analysis, Existing Conditions, SWOT 20 $4,860 90 $13,950 70 $8,330 180 $27,140 30 $10,050 30 $10,050 210 $37,190 5 Stakeholder Focus Groups & Interviews 16 $3,888 8 $1,240 0 $0 24 $5,128 9 $3,015 9 $3,015 33 $8,143 6 EDSP & Implementation of Actions Matrix 20 $4,860 60 $9,300 8 $952 88 $15,112 3 $1,005 3 $1,005 91 $16,117 Sub Total: Labor 108 $26,244 208 $32,240 82 $9,758 398 $68,242 60 $20,100 60 $20,100 458 $88,342 Other Direct Costs
Travel Expenses $1,100 $150 $1,250
Data $400 $0 $400
Sub Total - Other Direct Costs $1,500 $150 $1,650
GRAND TOTAL $69,742 $20,250 $89,992
Rate: Rate: Rate: Rate:
$335.00
David
Greensfelder,
Principal
$243 $155 $119
STRATEGIC ECONOMICS GRES Grand Total
Derek Braun,
Principal
Haight &
McKiernan,
Associates
Jorge Mariscal,
Research
Analyst
Strategic Economics Proposal to Prepare Concord EDSP 15 References
Project Reference: Dublin Economic Development Strategy and Economic Development Element (in progress)
Firms Involved: Strategic Economics, GRES
Rhonda Franklin,
Management Analyst II, Office of Economic Development
City of Dublin, 100 Civic Plaza, Dublin, CA 94568
P: (925) 556-4524
E: [email protected]
Project Reference: Milpitas Economic Development Strategy, Completed 2020 Firms Involved: Strategic Economics
Alex Andrade,
Economic Development Director
City of Milpitas, 455 E. Calaveras Blvd, Milpitas, CA 95035 P: (408) 586-3046
E: [email protected]
Project Reference: Santa Cruz Economic Development Strategy, Completed 2020 Firms Involved: Strategic Economics
Rebecca Unitt,
Economic Development Manager
City of Santa Cruz, 337 Locust St, Santa Cruz, CA 95060 P: (831) 420-5157
E: [email protected]
Project Reference: San Jose Citywide, Downtown, and North San Jose Retail Strategy Update, Completed 2018
Firms Involved: GRES and Strategic Economics
Nanci Klein, Assistant Director, Director of Economic Development City of San
Jose, 200 E. Santa Clara St, San Jose, CA 95113
P: (408) 535-8184
E: [email protected]
Sample Work Products
Dublin Economic Development Strategy:
https://dublin.ca.gov/DocumentCenter/View/38059/ED-Strategy-Final-Approved-10124 San Leandro Economic Development Strategy:
https://www.sanleandro.org/DocumentCenter/View/11084/2024-San-Leandro-Economic- Development-Strategy---Final
Resilient East Bay: https://www.resilienteastbay.org/
East Bay Forward: https://bit.ly/eastbayforward
Comments on Sample Agreement
Strategic Economics reviewed the sample agreement and has no comments are requested changes.
Strategic Economics Proposal to Prepare Concord EDSP
Appendix: Team Member Resumes
2991 SHATTUCK AVE, #203| BERKELEY, CALIFORNIA 94705|P:510.647.5291|F:510.647.5291|STRATEGICECONOMICS.COM
Education
Master of Planning
(Economic Development Concentration)
University of Southern California
Bachelor of Science, Management
Case Western Reserve University
Professional Experience
Associate I, II, Senior Associate
(2008-2021)
Strategic Economics, Berkeley, CA
Memberships and Distinctions
Planning Commissioner
(2022-2026 Term)
City and County of San Francisco
Member, SPUR San Francisco
Member, Urban Land Institute
Contact Information
510-647-5291 x 112
[email protected]
Derek Braun
Principal
Derek Braun specializes in managing analyses of market opportunities and demand, employment and industry trends, development feasibility, and the economic and fiscal impacts of development and transit investments. With over 16 years of experience at Strategic Economics, Mr. Braun has performed economic and market analyses and provided strategic guidance to clients in a wide variety of market contexts across the United States.
Selected Projects
Dublin Economic Development Element and Strategy, Dublin, CA; 2023-Ongoing As Principal-in-Charge, Mr. Braun is leading economic, market, retail, and other analyses to identify how Dublin can better compete for office-based and innovation-oriented industries. Subsequent p olicies and strategies focus on leveraging these opportunities in ways that balance simultaneously spurring reinvestment in older commercial districts while accelerating development at greenfield opportunity sites. Strategic Economics also led stakeholder engagement to inform this work, including focus groups and online surveys.
Culver City Economic Development Implementation Plan, Culver City, CA; 2020 Mr. Braun was the project manager for the Culver City Economic Development Implementation Plan. He managed the technical employment analysis, with a focus on the city’s burgeoning creative tech economy and resulting demand for creative office space in former industrial districts. He also worked closely with City staff and the Economic Development Subcommittee of the City Council to develop implementation actions and ident ify opportunity sites for new commercial development, including office and hotel uses.
San Leandro Economic Development Strategy, San Leandro, CA; 2023-2024 As Principal-in-Charge, Mr. Braun led preparation of a new Economic Development Strategy and detailed implementation work plan for the City of San Leandro.
Among other findings, analysis identified key opportunities to grow innovation - oriented businesses tied to the city’s large industrial la nd supply and enhanced regional workforce access as the BART system expands. Preparation of the strategy was also informed by findings from two community workshops.
Milpitas Economic Development Strategy, Milpitas, CA; 2020 As project manager, Mr. Braun oversaw analyses of industries and employment, market positioning, workforce opportunities, and entrepreneurship, with a focus on the city’s large concentration of advanced manufacturing businesses. These analyses and substantial community and business stakeholder outreach were then used to create a new Economic Development Strategy and work plan to guide the City’s economic development efforts.
Santa Cruz Economic Development Strategy, Santa Cruz, CA; 2021 As project manager, Mr. Braun oversaw analyses of the unique mix of industries, retail and other commercial market conditions, and major employment subareas within the City of Santa Cruz. These analyses informed the creation of a new Economic Development Strategy and work plan to guide the City’s economic development efforts, including COVID-19 pandemic recovery strategies.
2991 SHATTUCK AVE, #203| BERKELEY, CALIFORNIA 94705|P:510.647.5291|F:510.647.5291|STRATEGICECONOMICS.COM
South San Francisco General Plan Update, South San Francisco, CA; 2023 Mr. Braun managed analyses of housing conditions, residential displacement vulnerability, and economic, market, fiscal, and financial feasibility analyses. The findings of these analyses were used to inform policies around housing affordability and balancing strong demand for biotech uses against the need for housing and the valuable role of existing warehouse and distribution facilities. Mr. Braun developed economic development policies for the General Plan.
Moffett Park Specific Plan, Sunnyvale, CA; 2023
Mr. Braun served as project manager for market, economic, financial feasibility, community benefits, and fiscal analyses to inform the creation of a new specific plan in this employment district in the heart of Silicon Valley. The analyses examine the potential for growth of office, retail, and residential uses in this in-demand location, while also maintaining economic diversity through growth or preservation of existing industrial uses.
Palo Alto North Ventura Coordinated Area Plan, Palo Alto, CA; 2018-2024 Mr. Braun completed a market analysis to inform the development of land use alternatives for the NVCAP plan area. This analysis was followed by a financial feasibility analysis structured to determine which alternative could deliver community benefits, including affordable housing and parks, to the City.
East Palo Alto General Plan Update, East Palo Alto, CA; 2016 Mr. Braun was project manager and lead analyst for work on this update to East Palo Alto’s General Plan. He assessed citywide market conditions, employment conditions, the City’s compatibility with opportunities in the Silicon Valley’s largest industries and occupations, and growth potential. Mr. Braun also led a fiscal impact analysis of planned growth, performed an analysis of potential community benefits associated with development, and authored the plan’s Economic Development Element.
Alameda Economic Development Strategic Plan, Alameda, CA; 2017 Mr. Braun was project manager for the City of Alameda’s economic development strategy. The work included an in -depth market and economic analysis that assessed employment composition and trends to determine the City’s key industry sectors, competitive positioning within the East Bay region, and implications for the strength of Alameda’s commercial and industrial real estate market. The plan identified strategic actions designed to attract additional investment while addressing Alameda’s workforce needs.
Alameda COVID-19 Pandemic Economic Recovery Strategy, Alameda, CA; 2020 Mr. Braun managed work with an economic recovery task force in the City of Alameda, including research into topic- and industry-specific impacts and case studies. He led task force meetings and developed the City’s economic recovery strategy.
Downtown Oakland Specific Plan, Oakland, CA; 2015-2024
Mr. Braun managed analyses and policy contributions for this new specific plan in a dense and rapidly -changing area. His work included market analysis, examination of Downtown’s role as an economic engine for the City, assessments of affordable housing conditions and needs, and analysis of the fiscal contributions generated by existing land uses and potential types of new development. Mr. Braun developed economic development and housing strategies that fulfill the plan’s strong vision of a Downtown that equitably serves the needs of all Oakland residents.
Derek Braun
Principal
2991 SHATTUCK AVE, #203| BERKELEY, CALIFORNIA 94705|P:510.647.5291|F:510.647.5291|STRATEGICECONOMICS.COM
Education
Master of Urban and Regional Planning,
Portland State University
Portland, OR (2022)
Bachelor of Arts in Government and
Environmental Studies
Lawrence University
Appleton, WI (2018)
Professional Experience
Graduate Community Planner
WSB & Associates
Minneapolis, MN
Community Recovery Fellow
St Johns Center for Opportunity
Portland, OR
Senior Development Associate
Dodge Nature Center
West St. Paul, MN
Policy Intern
Rails-to-Trails Conservancy
Washington, DC
Green Transportation Intern
Sierra Club
Minneapolis, MN
Contact
510-647-5291 x119
[email protected]
Ryan Haight
Associate
Mr. Haight focuses on the relationship between public policy and regional development. His background is in community planning, transportation policy, and capital investment analysis. Mr. Haight has worked as a community planner analyzing land use-related policies and ordinances. His work has led to clear recommendations for policy and ordinance creation or revisions to achieve equitable community development outcomes. Mr. Haight also has expertise related to the effects of active transportation investments on local economies.
Mr. Haight holds a Master of Urban and Regional Planning from Portland State University and a Bachelor of Arts, with a focus on government and environmental studies, from Lawrence University.
Selected Projects
Economic Development Strategies
Dublin Economic Development Strategy and Element, Dublin, CA; 2023 - Ongoing
Mr. Haight is conducting analyses of industries and employment, market and venture capital positioning, and workforce opportunities, with a clear focus on the city’s potential to attract key industries and employers. These analyses, along with community and business stakeholder outreach, will then be used to create a new Economic Development Strategy and Economic Development Element to guide the City’s economic development efforts.
BART: Role in the Region Update
Bay Area, CA; 2023-2024
Strategic Economics
is part of a team led by Fehr & Peers Associates that is preparing an updated Role in the Region report for BART. Mr. Haight gathered data and existing research to document the role of BART in strengthening the Bay Area’s post-pandemic economy.
Resilient East Bay: Industrial Land Use Analysis,
East Bay, CA; 2022-2023
Mr. Haight
contributed to this effort by evaluating zoning ordinances and other mechanisms that can be deployed to support industrial retention and expansion for four key East Bay industrial sectors including advanced manufacturing, life sciences, logistics, and transportation. This work was incorporated in to an Industrial Lands Toolkit that can be used by all East Bay communities to enhance their role in the region’s thriving industrial eco-system.
San Carlos Northeast Area Specific Plan,
San Carlos, CA; Ongoing
Mr. Haight is
preparing an economic assessment of the three land use
alternatives being considered as part of this specific plan process. This assessment considers the relative net changes in the City’s General Fund revenues and costs, total jobs, and jobs/housing balance
2991 SHATTUCK AVE, #203| BERKELEY, CALIFORNIA 94705|P:510.647.5291|F:510.647.5291|STRATEGICECONOMICS.COM
Education
Master of Regional Planning
Cornell University
Bachelor of Arts, Geography
SUNY Binghamton
Professional Experience
GIS/Planning Intern
Topology
(2023-2024)
GIS Analyst
Suez Water
(2022)
Selected Publications
“Challenges in Reintroducing Fair
Market Value to US Public
Water/Wastewater Systems.”
International Journal of Water
Resources. 2024
Contact
510-647-5291 x 105
tjmckiernan
@strategiceconomics.com
T.J. McKiernan
Associate
T.J. has a background in affordable housing policy, infrastructure regulation and finance, and urban economics. He focuses on the economics of the built environment and the social outcomes of public and/or private involvement in infrastructure policy, delivery, and management. T.J. holds a Master of Regional Planning from Cornell University (2024) and a Bachelor of Arts in Geography from Binghamton University (2021). At Strategic Economics, he is studying diverse places and issues and developing creat ive solutions t hat empower governments to achieve sustainable local economic development.
Selected Projects
Union City Economic Development Action Plan, Union City, CA; Ongoing Strategic Economics is involved in an assessment of Union City’s employment trends and non-residential lands. T.J. is supporting this effort through data collection and analysis of the City’s inventory of industrial and retail land uses.
This analysis includes focus groups with local business stakeholders and an in- depth evaluation of the fiscal contribution of non -residential land to the City’s revenues. The Action Plan will identify several potential opportunity sites and the necessary policy changes to support their return to their highest and best use.
Unincorporated Alameda County Economic Development Strategy , Alameda County, CA; Ongoing
T.J. is analyzing the product type, condition, and real estate performance of buildings over time in selected commercial corridors in the unincorporated areas of Alameda County. T.J. is also participating in identifying opportunities for investment in these corridors to support the County’s efforts to increase local residents’ quality of life. Included in this stage are informant interviews with developers, businesses, and brokers to determine how the Coun ty can make candidate parcels more viable for redevelopment or expansion.
Redwood LIFE Precise Plan Analysis, Redwood City, CA; Ongoing Strategic Economics is conducting an analysis of the value of community benefits being proposed as part of a precise plan process initiated by the developer of an 85 -acre life sciences campus in Redwood Shores. T.J. is contributing to data collection, local market research, and developer interviews to reach an informed estimate of the value of the proposed upzoning and the developer’s proposed community benefits.
Saratoga Avenue Urban Village Plan, San Jose, CA; Ongoing Strategic Economics is producing an economic analysis for the market area in the Saratoga Avenue Urban Village. The study includes a demographic analysis and market research on the feasibility of mixed -use development. T.J. is also involved in the developm ent of an anti -displacement business and housing strategy for the corridor.
G REENSFELDER C OMMERCIAL R EAL E STATE LLC
S AN F RANCISCO B AY A REA | W ASHINGTON , DC
415.696.6767 | WWW . GREENSFELDER . NET
A BOUT G REENSFELDER R EAL E STATE S TRATEGY
Greensfelder Real Estate Strategy (GRES) is a community design practice working across North America and internationally applying retail expertise to urban planning and economics projects. GRES defines a place-brand, and then translates that place-brand into master plans and strategies that talk about the consumer experience on the ground level. We always focus on practical solutions and implementation, and to that end, GRES pioneered Retail Resilience™, a quadruple bottom-line discipline for creating lasting commercial vitality, and dynamic, flexible, and adaptable strategies and recommendations for clients that range from communities to owners to retailers.
GRES has expertise in all manner of place-based projects including master plans, economic development plans, mall redevelopment, downtown and corridor plans, retail trends, best practices for incorporating retail into mixed-use projects, retail attraction, complete sidewalks, and development and redevelopment strategy and implementation. Significant assignments include the Downtown Los Angeles Civic Center Master Plan, the Downtown Albuquerque Redevelopment Plan, repositioning programs for “dead” malls such as Cupertino’s 1.4MM SF Vallco Fashion Square, Retail Trends and Domestic Exports Strategy for the State of Maine’s Department of Economic and Community Development, developing comprehensive retail and economic development strategies for San Jose, California Citywide and Downtown Retail Studies (winner of the APA California Northern Section 2020 Urban Design Award of Excellence), Boulder, Colorado’s Citywide Retail Strategy, five large-scale infill redevelopment projects in Honolulu, Hawaii, market strategies for retailers and REITs, and mixed-use and land-use planning and entitlement consulting. More information is available at www.greensfelder.net.
A BOUT D AVID G REENSFELDER
Founder and Managing Principal David Greensfelder, a nationally recognized retail thought leader and strategist, was named a Top Retail Influencer by GlobeStreet in 2024 and 2021. David is a specialist in analyzing the impacts of emerging retail trends and competing retail channels on bricks-and-mortar retail, economic development and redevelopment planning, understanding retail opportunities by applying behavioral economics to planning and community design strategies (including differentiating between commodity and specialty retail). David recently authored the Market Analysis chapter for Building Small – A Handbook for Real Estate Entrepreneurs, Civic Leaders, and Great Communities (ULI, 2021), the Retail Revolution and Retrofit chapter for Brownfields and Economic Development (McFarland, April, 2021), and the Retail and Last Mile narrative in ULI-pwc’s Emerging Trends in Real Estate where he discussed how influencers, platforms, an evolving landlord-tenant relationship, a new equilibrium between retail and other product types is reshaping the retail landscape, and how the “last mile” is the least understood and biggest force impacting all product types. David serves on National Academy of Sciences NCHRP research panels as an urban economics and last-mile expert including a current study on Last Mile Implications for 21st Century Communities’ Land Use, Design, and Transportation Systems. David has driven more than 350 development projects spanning over 10 million SF and a finish market value estimated at over $2 billion.
David frequently lectures at UC Berkeley’s Fisher Center for Real Estate and Urban Economics and MRED+D programs (where he is a Distinguished Visiting Fellow), the Haas Graduate School of Business, at USC’s Lusk Center for Real Estate Development, and teaches ULI’s Mixed-use Development Best Practices Professional Development program. He is a Director of Satellite Affordable Housing Associates and the Center for Creative Land Recycling, is an active ULI member (Urban Revitalization Council, Advisory Services, Education programs, and UrbanPlan and UP4PO steering committee, instructor, and trainer), and ICSC’s P3 National Steering Committee. David graduated from Pitzer College (The Claremont Colleges) with a degree in Business Economics, and the SciARC Foundation Program.
§ S TRATEGY AND P LANNING
§ M ARKET AND L OCATION I NTELLIGENCE
§ D EVELOPMENT M ANAGEMENT
G REENSFELD ER C OMMERCI AL R EAL E STATE L LC
S A N F RANCISCO B AY A REA | W ASHINGTON , DC
(415) 696- 6767 | WWW . GREENSFELDER . NET
QUALIFICATIONS, SIGNIFICANT PROJECTS, AND CLIENTS
ABOUT GREENSFELDER REAL ESTATE STRATEGY
Greensfelder Real Estate Strategy (GRES) is a community design practice working across North America and internationally applying retail expertise to urban planning and economics projects. GRES defines a place- brand, and then translates that place-brand into master plans and strategies that talk about the consumer experience on the ground level. By extension, GRES has expertise in all manner of place-based projects including master plans, economic development plans, mall redevelopment, downtown and corridor plans, retail trends, best practices for incorporating retail into mixed-use projects, retail attraction, complete sidewalks, and development and redevelopment strategy and implementation. We always focus on practical solutions and implementation, and to that end, GRES pioneered Retail Resilience™ , a quadruple bottom-line discipline for creating lasting commercial vitality, and dynamic, flexible, and adaptable strategies and recommendations for clients that range from communities to owners to retailers.
Founder and Managing Principal David Greensfelder, named a Top Retail Influencer by GlobeStreet in 2024 and 2021, is a specialist in economic development and redevelopment planning, understanding retail opportunities by differentiating between commodity and specialty retail, applying behavioral economics to planning and community design strategies, and analyzing the impacts of emerging retail trends and competing retail channels on bricks-and-mortar storefronts.
GRES significant assignments include San Jose, California’s Citywide and Downtown Retail Studies (winner of the APA California Northern Section 2020 Urban Design Award of Excellence), Downtown Los Angeles’ Civic Center Master Plan, Washington, DC’s Central Business District COVID-19 Resiliency and Equity Strategy, Downtown Albuquerque’s Master Plan, Boulder, Colorado’s Citywide Retail Strategy, the State of Maine’s Retail Domestic Trade Program, Petaluma’s General Plan Update, California High Speed Rail Station Design, Bellevue, Washington’s Citywide Retail Strategy, Fremont’s Irvington District Land Use Conversion Study, large-scale infill redevelopment projects in Honolulu and Silicon Valley, market strategies for retailers and REITs, repositioning programs for over a dozen “dead” malls including Cupertino’s 1.4MM SF Vallco Fashion Square, mixed-use project implementation, and land-use and entitlement consulting. Additional information is available at www.greensfelder.net.
PRIMARY CONSULTING AREAS and THOUGHT LEADERSHIP
¨ Economic Development Strategy including Retail Resilience™ and Sustainability § Large and small-scale strategic planning, and implications for communities § Multichannel and omnichannel retail and impacts on bricks-and-mortar retail § Emerging trends, market analysis, market entry, location intelligence § Thriving downtown districts
§ Commodity and specialty retail differential analysis, and applications to district/project positioning ¨ Transformative Real Estate Planning and Strategy
§ Redevelopment planning
§ Managing sales tax impacts from an evolving retail marketplace
§ Mixed-use: best practices for integrating commercial uses in mixed-use environments § Positioning/repositioning and strategy for projects that once worked but now don’t (including repositioning of “dead malls”)
¨ Owner’s Representative (Program Management and Fee Development Services) § Retail, office, and mixed-use projects
§ Location intelligence, due diligence and risk assessments, and development services ¨ Expert Witness, Litigation Support, and Dispute Resolution (please ask for details and references)
RECENT PROJECTS, PUBLICATIONS, AWARDS AND ONGOING RESEARCH ¨ David Greensfelder named a GlobeStreet Top Influencer in Retail Real Estate for 2024 and 2021 ¨ Building Small – A Handbook for Real Estate Entrepreneurs, Civic Leaders, and Great Communities Market Analysis chapter contributor (ULI, March, 2021)
¨ Brownfields and Economic Development Retail Revolution and Retrofit chapter contributor (McFarland, April, 2021)
¨ National Academy of Sciences National Cooperative Highway Research Program NCHRP 08-134:
Integrating Freight Movement into 21st Century Communities’ Land Use, Design, and Transportation Systems Project Advisory Panel
¨ Effective Decision-Making Methods for Freight-Efficient Land Use, National Academy of Sciences National Cooperative Highway Research Program NCHRP 08-111 Workshop Participant ¨ APA California Northern Section 2020 Urban Design Award of Excellence for the San Jose Downtown Design Guidelines and Standards
¨ ULI/PwC Emerging Trends in Real Estate 2019, Author, Retail and Last Mile Distribution Trends Sections ¨ Interviews in and contributions to articles in the Los Angeles Times, Costar, Connect Media, Globe Street, Shopping Centers Today, Bisnow, Retailsphere, Real Perspectives Blog, and other industry publications.
SELECTED PROJECTS AND AWARDS, and REPRESENTATIVE CLIENT LIST Economic Development and Redevelopment Planning Strategy … for Communities ¨ Arcadis – Planning and economic development projects (team) ¨ Ascent Environmental – Planning and economic development projects (team) ¨ BAE Urban Economics – Various economic development projects (team) ¨ Belt Collins – Economic and community development project (team) ¨ Camoin Associates – Economic studies (team)
¨ City of Albany, California – Economic Development Strategic Plan ¨ City of Albuquerque – Downtown Albuquerque Redevelopment Plan, On-call Planning Services Bench ¨ City of Bellevue, Washington – Citywide Retail Study and Strategy ¨ City of Boulder, Colorado – Citywide Retail Study
¨ California High Speed Rail Authority – Station design and retail operations advisory ¨ City of Calistoga, California – Business and Retail Strategy Study (3 assignments) ¨ City of Capitola, California – Address regional mall competitiveness and reuse in changing retail landscape ¨ City of Chicago, Illinois – Bronzeville market analysis and risk/politics assessment ¨ City of Chicago, Illinois Planning and Urban Design Division, Department of Housing and Economic Development – Retail strategy
¨ City of Cupertino, California – Retail market/focus sites feasibility study and Vallco Mall redevelopment strategies for a general plan update, and ballot initiative (§ 9212) analysis ¨ City of Davenport, Iowa – NorthPark Mall Analysis and Reuse Strategy
¨ City of Dublin, California – Economic Development Strategic Plan and General Plan Element Update; Downtown Specific Plan implementation focused on CC&R amendment and restatement ¨ City of El Cerrito, California – San Pablo Avenue PDA Specific Plan Update and Corridor Study ¨ City of Fairfield, California – Grocery demand and related housing analysis for Cordelia planning area ¨ City of Foster City, California – Commercial real estate market and opportunity site analysis ¨ City of Fremont, California – Irvington District Land Use Conversion Study; expert planning commission and city council testimony about pending mixed-use project applications ¨ City of Indio, California – Highway 111 Corridor Study Specific Plan ¨ City of Kansas City, MO/KS MSA – Retail market assessment and market entry study for a public REIT ¨ City of Kansas City, Missouri – North Loop ULI Advisory Services Panel ¨ City of McKees Rocks, Pennsylvania – Community Rebuilding ULI Advisory Services Panel ¨ City of Lone Tree, Colorado – Entertainment District Master Planning ¨ City of Los Angeles, California – Ventura-Cahuenga Boulevard Corridor Specific Plan Market Study, Downtown Civic Center Master Plan, and DCP Economics On-call Bench ¨ City of Los Banos, California – Market entry study for a new Costco Warehouse ¨ City of Milpitas, California – Best practices for integrating commercial into mixed-use projects, and Milpitas Gateway/Main Street Specific Plan
¨ City of Mineral Wells, Texas – Community Plan and Economic Development Overview ¨ Cities of Morgan City and Berwick, Louisiana – Building the Foundation for a New Economy ULI Advisory Services Panel
¨ City of Morgan Hill, California – Economic Blueprint
¨ City of Mountain View, California – Downtown Specific Plan, Moffett Blvd. Specific Plan ¨ City of Newark, California – Regional mall repositioning and city-wide retail positioning ¨ City of North Salt Lake, Utah – Town Center Study
¨ City of Oakland, California – Broadway-Valdez Specific Plan peer review panel ¨ City of Olympia, Washington – Capital Mall Triangle Sub-area Plan ¨ City of Pacifica, California – On-call planning and economic development consulting ¨ City of Palo Alto, California – Street closure study
¨ City of Pearland, Texas – Citywide Retail Strategic Plan ¨ City of Petaluma, California – General Plan Update
¨ City of Portland, Oregon – Economic and Real Estate Analysis Bench ¨ City of Provo, Utah – Provo Town Center Mall evaluation and repositioning strategy ¨ City of Redwood City, California – Downtown retail and hospitality evaluation ¨ City of San Carlos, California – Downtown Specific Plan; Downtown redevelopment project evaluation ¨ City of San Francisco – Planning and Mayor’s Office Benches ¨ City of San Jose, California – Citywide Retail Study with Downtown and North SJ implementation strategies; San Jose Flea Market Relocation Study
¨ City of San Ramon, California – Economic Development Specific Plan and General Plan updates ¨ City of Santa Clara, California – Corridor study and retail revitalization assessment; Downtown Precise Plan ¨ City of Sioux Falls, South Dakota DTSF – Downtown Retail Strategy ¨ City of Sunnyvale, California – Economic Development Specific Plan ¨ City of Taylorsville, Utah – Commercial Centers Master Plan and Feasibility Study ¨ City of Vacaville, California – Downtown Specific Plan, Retail potential study for South Vanden SP Area ¨ City of Vancouver, Washington – Commercial Corridors Strategy ¨ City of Walnut Creek, California – Citywide Retail Strategy
¨ City of Waukee, Iowa – Waukee/Kettlestone Market Update ¨ Cities of West Des Moines and Clive, Iowa – University Avenue Corridor Study ¨ City of Westminster, Colorado – Citywide Retail Strategy and Master Plan ¨ City of Winder, Georgia – Downtown Plus Plan
¨ Community Attributes – Economic studies (team)
¨ Confluence - Various economic development and corridor studies (team) ¨ County of Maui, Hawaii – South Maui Community Plan
¨ County of Ventura, California – Channel Islands Harbor Visioning and Market Study ¨ Deutsche Bahn – California High Speed Rail Station Design and Retail Operations Advisory (team) ¨ Estolano Advisors – Economic Development and Master Planning (team) ¨ First Carbon Solutions – Economic Development Specific Plan and General Plan updates ¨ Jon Stover & Associates – Economic development and Main Streets ¨ Leland Consulting Group - Various economic development projects (team) ¨ MIG – Various economic development projects (team)
¨ MJB Consulting – Various retail strategies (team)
¨ MTA/ABAG (SF Bay Area) – Regional Planning Consulting Bench, and One Bay Area Plan retail task force advising on best practices for integrating commercial into priority development areas ¨ Port of San Francisco, California – Pier 29 Cruise Terminal Feasibility Study and Business Plan ¨ Raimi + Associates – General Plans (team)
¨ SACOG Civic Lab – Sacramento-area commercial corridors study ¨ Sargent Town Planning – Visioning strategy and market feasibility study (team) ¨ Site Works – Field work and analysis for retail investment and redevelopment projects (various) ¨ State of Hawaii Office of Hawaiian Affairs – Kaka’ako Makai Retail Feasibility Study and Strategy ¨ State of Maine Department of Economic and Community Development – Retail Trends and Domestic Exports Strategy Report (ARPA funded)
¨ Strategic Economics – Various economic development projects (team) ¨ University of Hawaii at Manoa, Honolulu, Hawaii – Real estate on-call bench ¨ Urban Field Studio – Various land planning, program development and economics projects (team) ¨ Valley Transportation Authority (SF Bay Area) – Intermodal station design (Diridon, Santa Clara, Milpitas), On-call economics and planning bench
¨ Wasatch, Utah Regional Council/Utah Dept. of Transportation – Land-use and economics on-call bench ¨ Washington, DC – Rock Creek West planning area housing affordability study ULI Advisory Services Panel ¨ Washington, DC – Central Business District COVID-19 Re siliency and Equity ULI Advisory Services Panel ¨ WRT – Various economic development projects (team)
Market and Location Intelligence, and Program and Development Management … for Users ¨ AlterG, Inc. – Retail prototype development, and market entry strategy and financial analysis ¨ Catalyze, LLC – Program management for C19 resilient office space in the San Francisco Bay Area ¨ Community Foods Market – “Food Desert” real estate market study, and program management overseeing development and opening of a community grocery store in Oakland, California ¨ Crown Books – Programmatic retail expansion development strategy and implementation ¨ CVS/Health – San Francisco Bay Area new market entry analysis, strategy, and implementation of programmatic new store development program; integration analysis for Long’s Drug Stores acquisition ¨ Decathlon – U.S. market entry strategy for French sporting goods retailer ¨ Eatzi’s (Brinker International) – Programmatic retail expansion development strategy and implementation
¨ Group 4 Architecture Research and Planning – Redevelopment program management ¨ Halo Top Creamery – Retail program and new store development and initial store rollout ¨ High Tech Burrito – Programmatic retail expansion development strategy and implementation ¨ Longs Drug Stores – Programmatic retail expansion development strategy and implementation ¨ PG&E – Retail potential analysis for conversion of a decommissioned brownfield site ¨ Silicon Valley “Big 4” tech company – Campus master plan feasibility study and master planning ¨ Sungevity, Inc. – Program management for 75,000 SF office HQ redesign and remodel, and out-of-state site location and 75,000 SF new facility development (winner of the Kansas City CSI’s Excellence in Design Award, 2016)
¨ TruLocal.com (Boss Holdings) - Founding Advisor, Local Retail ¨ Uniqlo (Fast Retailing) – U.S. market entry strategy for Japanese clothing retailer
Market Analysis and Strategy … for Owners and Investors ¨ Eigen10 Advisors – Project evaluation and highest and best use analysis ¨ Borel Private Bank & Trust Company – Project asset and development management ¨ Boston Private Bank & Trust Company – Project asset and development management ¨ Ohio STRS – Analysis for shopping center repositioning and potential mixed-use addition/redevelopment; site planning and development pro-forma sensitivity analysis ¨ Privately Held Development Firms – Retail potential analysis for mixed-use development; Analysis of potential for the success of a planned mixed-use project ¨ Ramco Gershenson – Retail market evaluation and investment potential analysis ¨ Scanlan Kemper Bard – Redevelopment program for WestGate San Leandro, a 675,000 SF mixed-use retail-office project
¨ Tuscola Outlet Center – Acquisition risk assessment and underwriting for a regional outlet center ¨ Wrightwood Capital – Pre-foreclosure market positioning analysis for a 350,000 SF regional power center ¨ Family Offices/VC Firms – Venture-backed start-ups, project repositioning, project entitlements, and anchor retail tenant negotiation of business and lease terms (new stores and repositioning) ¨ Hedge Funds – Angelo Gordon, Bain & Company, Boston Consulting, DB Zwirn, Harris Assoc., HIG Capital, Karsch Capital, KDI Capital Partners, QVT Financial LP, SAC Capital, Scout Capital, Sheffield Mgt, Sigma Capital Mgt, Teton Capital, Wellington Mgt, and Whale Rock Capital Mgt LLC
Market Analysis and Program Management … for Owners and Developers ¨ Athenian Razak – Various Philadelphia, PA and Camden, NJ retail projects ¨ Black Equities – Project asset and development management; 1031 exchange management ¨ Bridge Housing – Integration of commercial in a mixed use project ¨ Burlingame Plaza Owners’ Association – Shopping center repositioning and remodel (scope-of-work, budget, and planning)
¨ CallisonRTKL – Integration of commercial in large mixed-use districts ¨ Draper & Kramer – Trade area definition and retail sales potential analysis for large-scale redevelopment project in Chicago, Illinois
¨ Dutra Cerro Graden – Development of financial modeling tools for a real estate firm serving community benefit organizations
¨ Hunt Companies – Oah’u BRAC redevelopment master planning, strategy, and feasibility analysis ¨ The Irvine Company – Property acquisition strategy
¨ Kamehameha Schools (Bishop Estate) – Supportable commercial determination, strategy, and retail integration for large, urban mixed-use redevelopment districts (Kapalama, Kaka’ako, He’eia, Mo’ili’ili) ¨ LandMark Retail Group – Fortune 20 retailer development strategy and execution ¨ Long Island (NY) Mixed-use – Planning consulting for redevelopment of a former hospital site including budget and schedule, entitlement, anchor tenant leasing ¨ Lili’uokalani Trust – Keahuolu Properties and Makalapua District Market Demand Study and Retail Strategy ¨ Lyon Homes – Integration of commercial in a mixed-use project ¨ The Prado Group – Retail tenant negotiation
¨ Pulte Homes – Integration of commercial in a horizontally-integrated mixed-use project ¨ Raintree Partners – Integration of commercial in a vertically-integrated mixed-use project ¨ Scannell Properties – Analysis for acquisition and redevelopment of an Oakland, California site ¨ SummerHill Apartment Communities – Analysis of potential retail uses and accompanying site plan recommendations for a 26-acre vertically-integrated mixed-use project ¨ Tuscola Outlet Center (Illinois) – Redevelopment underwriting and strategic plan ¨ Warmington Homes – Analysis and recommendations for commercial feasibility in mixed-use projects
Expert Witness Engagements
¨ Retail lease dispute between an institutional landlord and a national tenant (report, deposition, and testimony at trial; favorable outcome)
¨ Retail trends related to ESOP disputes (cases variously settled or ongoing)
EDUCATION AND SPEAKING ENGAGEMENTS
¨ UC Berkeley Haas Graduate School of Business
¨ UC Berkeley Graduate College of
Environmental Design
¨ UC Berkeley MRED+D Distinguished Visiting
Fellow and Lecturer
¨ USC Lusk Center for Real Estate Studies
¨ San Jose State University, Department of Urban
and Regional Planning
¨ ULI School of Professional Development
¨ ULI UrbanPlan (Volunteer and Trainer)
¨ ULI UrbanPlan for Communities (Instructor)
¨ American Planning Association
¨ International Downtown Association
¨ Urbanism Next Conference
¨ Non-Profit Housing Association of Northern
California (NPH)
¨ National League of Cities
¨ California League of Cities
¨ AIA/SF
¨ SPUR, San Francisco
¨ Local Government Commission
¨ Silicon Valley Economic Development Alliance
(SVEDA)/Joint Venture Silicon Valley
¨ East Bay Economic Development Alliance
¨ Bay Area Planning Director’s Association
¨ KB Home Community Advisory Board
¨ Bay Planning Coalition
¨ Connect Silicon Valley
¨ Oakland Chamber of Commerce Retail
Advisory Committee (ORAC)
¨ Northern California Apartment Summit
¨ California Building Conference
¨ ICSC Programs: Northern California Alliance
Program (chair/speaker/ moderator), San
Francisco IDEX (chair/speaker/moderator),
Monterey IDEX (speaker/moderator), ReCon
(moderator), Bay Area Local Programs (chair),
Los Angeles Local Programs (speaker),
University of Shopping Centers (faculty)
¨ Cities of Capitola/Capitola Chamber of
Commerce, Hayward (CV-19 resiliency)
Hercules, Merced, Morgan Hill, and Suisun City
RECENT PRESENTATIONS AT PROFESSIONAL CONFERENCES AND GROUPS ¨ The Fall of the Mall (California Land Recycling Conference)
¨ A Retail Resilience-guided COVID-19 Response Rubric
¨ Retail and Mixed-use Best Practices (ULI Professional Development Program and Webinar) ¨ Goodbye, Main Street? (SPUR SF)
¨ How Technology is Affecting Retail and Urban Real Estate Development ¨ Potential Impact of Emergent Technologies on Freight Related Land-Uses in Urban Areas ¨ Planning for Retail in an On-line World
¨ Urban Planning and Place-making for Dynamic Communities (APA approved for AICP CM credits) ¨ San Jose’s Approach to Retail Restructuring
¨ The Changing Nature of Retail and Its Impacts on Local Governments ¨ The ABC’s of the XYZ Generations: The Essential Guide to Understanding, Communicating and Marketing to Demographic Alphabet Soup
¨ The Urban Core: Analysis of Development, Investment & Financing Opportunities in San Francisco ¨ The New Normal…How Retailers Th ink: A Public Sector Primer on the Retailer Decision Process ¨ Omni-channel Marketing: A Seamless Approach to Retailing Across Channels, from Social Media to Bricks & Mortar
¨ AIA/SF Strategic Growth Symposium – Economic Outlook. ¨ Rediscovering Main Streets and Strategies for a Thriving Downtown. ¨ Factors Affecting the Viability of Retail in Mixed-use Projects. ¨ Planting Your Vision in the Ground: Getting Good Projects to Pencil Out. ¨ Retail Site Selection Decisions – The Inside Story.
¨ Exploring the Feasibility of a Merger, the AHA/Satellite Experience. ¨ Maximizing Retail During Changing Times – A Post Redevelopment Primer. ¨ Building Livable Communities: From the Vision to the Ground – Making Smart Growth Pencil Out. ¨ SB375 and One Bay Area Plan Implementation and Implications.
OTHER PROFESSIONAL AFFILIATIONS AND INVOLVEMENT
¨ Urban Land Institute (full member):
§ UrbanPlan and UrbanPlan for Public Officials Steering Committees, UrbanPlan for Public Officials Instructor, Volunteer Trainer, Classroom Volunteer, School Champion § Advisory Services (national panels)
§ Education/Real Estate Instruction Programs – Mixed-use and Retail Best Practices, Instructor § Urban Revitalization Product Council
¨ National Academy of Sciences – Transportation Research Board Project Advisory Panel Appointee § National Cooperative Highway Research Program 08-134: Integrating Freight Movement into 21st Century Communities’ Land Use, Design, and Transportation Systems (ongoing) § National Cooperative Highway Research Program 08-111: Effective Decision Making Methods for Freight-Efficient Land Use (complete)
¨ International Council of Shopping Centers (member):
§ P3 North American Steering Committee
§ Past State Retail Chair, and co-founder and Past Chair N. Calif. Alliance Program § Northern California Program Committee (1994-present); past Program Committee Chair ¨ Satellite Affordable Housing Associates Board of Directors: Finance Committee, Development Committee (Past Chair), Audit Committee, Past VP and Executive Committee member, Merger Task Force ¨ Center for Creative Land Use Recycling: Board of Directors, Finance Committee, executive director search ¨ Oakland Retail Advisory Committee and Oakland Land Use Committee, Founding Member ¨ Bay Area Council Member Representative / Legislative Retreats
¨ Shopping Center World Editorial Advisory Board
CONTACT INFORMATION
David Greensfelder, Founder and Managing Principal
¨ San Francisco Bay Area +1 415 696 6767 | Washington, DC +1 202 422 2663 ¨ Direct +1 510 708 8927 | Facsimile +1 510 900 1590
¨ Email: [email protected]
¨ Web: www.greensfelder.net
¨ LinkedIn: www.linkedin.com/in/davidgreensfelder
¨ Twitter (X): @dgreensfelder
AGREEMENT FOR PROFESSIONAL SERVICES
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THIS AGREEMENT ("Agreement") is entered into on January 28, 2025 between the City of Concord, a California municipal corporation, ("CITY") and Strategic Economics, Inc., Corporation, 2991 Shattuck Avenue, Suite 203, Berkeley, CA 94705 (“CONSULTANT”).
THE PARTIES ENTER THIS AGREEMENT based upon the following facts, understandings and intentions:
The CITY desires to contract with CONSULTANT to provide the professional services described in Section 2 of this Agreement, upon the terms and conditions hereinafter set forth.
NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and promises of the parties herein contained, the parties hereto agree as follows:
1. TERM. This Agreement shall commence on January 28, 2025 and expire on December 31, 2025.
A. Extension of Term. Upon mutual written agreement by the parties, the term of this Agreement may be extended for one additional period of one year commencing upon the expiration of the initial or extended term, subject to the same terms and conditions of this Agreement. CONSULTANT shall give written notice of its request for extension of the term of the Agreement to the City’s Authorized Representative, as identified in Section 4 below, at least thirty (30) days prior to expiration of the initial or extended term.
The extension of the term of this Agreement shall be subject to a review of CONSULTANT’s performance in accordance with the terms and conditions of this Agreement and shall be subject to City approval. Such extension of time shall be in writing by a duly executed Amendment to this Agreement.
2. SCOPE OF SERVICES. Subject to such policy direction and approvals provided by the CITY's Authorized Representative, CONSULTANT shall perform the services described in detail in Exhibit A, Scope of Services. CITY retains all rights of approval and discretion with respect to the projects and undertakings contemplated by this Agreement.
3. PAYMENT. The compensation to be paid to CONSULTANT including payment for professional services and reimbursable expenses, shall be aninety seven thousand, nine hundred and thirty five dollars ($97,935) (“Contract Amount”). Guy Bjerke, Director of Economic Development and Base Reuse, has the authority to authorize expenditure of up to an additional ten percent (10%) of Attachment 4
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the Contract Amount ($9,915) subject to review and written approval of CONSULTANT’s advance written request and justification therefor. However, in no event shall the amount CITY pays CONSULTANT exceed one hundred seven thousand seven hundred fifty dollars ($107,750) for the term of this Agreement. Any Amendment to this Agreement that includes an increase to this compensation amount shall be made in accordance with Section 5 below.
CONSULTANT may submit monthly statements for services rendered; all statements shall include adequate documentation demonstrating work performed during the billing period. It is intended that CITY review such statement and pay CONSULTANT for services rendered within forty-five (45) days of receipt of a statement that meets all requirements of this Agreement. Payment by CITY shall not be deemed a waiver of unsatisfactory work, even if such defects were known to the CITY at the time of payment.
4. AUTHORIZED REPRESENTATIVES. Authorized representatives shall represent CITY and CONSULTANT in all matters pertaining to the services to be ordered by CITY or rendered by CONSULTANT under this Agreement except where approval for the CITY is specifically required by the City Council. The CITY’s authorized representative is Marie Suvansin, Economic Development Manager of the Economic Development and Base Reuse Department. The CONSULTANT’s authorized representative is Derek Braun, Principal.
5. AMENDMENT TO AGREEMENT. This Agreement may be amended in writing, subject to approval by both parties. If additional services are requested by CITY other than as described in the above Scope of Services, this Agreement may be amended, modified, or changed by the parties subject to mutual consent and in accordance with the CITY’s Municipal Code by execution of an Amendment by authorized representatives of both parties setting forth the additional scope of services to be performed, the performance time schedule, and the compensation for such services.
A. Amendment for Additional Compensation. CITY’s Authorized Representative is authorized to execute amendments to the Agreement on behalf of CITY, including amendments providing for additional compensation to CONSULTANT not to exceed the Minimum Threshold, including the base contract amount, throughout the term of this Agreement. “Minimum Threshold” means the dollar amount over which Council approval is required during each fiscal year as
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set forth in Concord City Council Resolution 21-43 pursuant to Concord Municipal Code Section
3.10.040(a). The Minimum Threshold for Fiscal Year 2021-22 is $75,000 and increases by $5,000 each subsequent fiscal year such that by Fiscal Year 2026-27 the Minimum Threshold is $100,000. Any additional compensation to CONSULTANT that is greater than the Minimum Threshold, including the base contract amount, must be approved by City Council.
CONSULTANT’s failure to secure CITY’s written authorization for additional compensation or changes to the Scope of Services shall constitute a waiver of any and all right to adjustment in the price or time due, whether by way of compensation, restitution, quantum meruit, or similar relief.
6. INDEPENDENT CONTRACTOR. Both parties understand and acknowledge that CONSULTANT, its officers, agents, employees, volunteers and subcontractors are and shall at all times remain as to the CITY wholly independent contractors. Neither the CITY nor any of its officers, officials, agents, employees or volunteers shall have any control over the manner by which the CONSULTANT performs this Agreement and shall only dictate the results of the performance.
CONSULTANT shall not represent that CONSULTANT or its officers, agents, employees, volunteers or subcontractors are agents or employees of the CITY, and CONSULTANT shall have no authority, express or implied, to act on behalf of the CITY in any capacity whatsoever as an agent, and shall have no authority, express or implied, to bind the CITY to any obligation whatsoever, unless otherwise provided in this Agreement.
As an independent contractor, CONSULTANT shall not be eligible for any benefits, which the City may provide to its employees and all persons, if any, hired by CONSULTANT shall be employees or subcontractors of CONSULTANT and shall not be construed as employees or agents of the CITY in any respect. CONSULTANT shall receive no premium or enhanced pay for work normally understood as overtime, i.e., hours that exceed forty (40) hours per work week, or work performed during non- standard business hours, such as in the evenings or on weekends. CONSULTANT shall not receive a premium or enhanced pay for work performed on a recognized holiday. CONSULTANT shall not receive paid time off for days not worked, whether it be in the form of sick leave, administrative leave, or for any other form of absence. CONSULTANT shall pay all taxes, assessments and premiums under the federal Social Security Act, any applicable unemployment insurance contributions, Workers
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Compensation insurance premiums, sales taxes, use taxes, personal property taxes, or other taxes or assessments now or hereafter in effect and payable by reason of or in connection with the services to be performed by CONSULTANT.
7. STANDARD OF PERFORMANCE. CONSULTANT represents and warrants to CITY that CONSULTANT is skilled and able to provide such services described in the Scope of Services and that such services shall be performed in an expeditious manner, and with the degree of skill and care that is required by current, good, and sound procedures and practices. CONSULTANT further agrees that the services shall be in conformance with generally accepted professional standards prevailing at the time work is performed.
8. PERFORMANCE BY CONSULTANT. CONSULTANT shall not employ other consultants, subconsultants, experts, or contractors without the prior written approval of the CITY.
Notwithstanding the foregoing, CITY shall not be obligated or liable for payment hereunder to any party other than the CONSULTANT. CONSULTANT hereby designates the CONSULTANT’S representative as the person primarily responsible for the day-to-day performance of CONSULTANT'S work under this Agreement. CONSULTANT shall not change the CONSULTANT’S representative without the prior written consent of the CITY. Unless otherwise expressly agreed by the CITY, CONSULTANT'S representative shall remain responsible for the quality and timeliness of performance of the services, notwithstanding any permitted or approved delegation hereunder.
9. OWNERSHIP AND MAINTENANCE OF DOCUMENTS. All documents furnished by CONSULTANT pursuant to this Agreement are instruments of CONSULTANT’s services in respect to this project. They are not intended nor are represented to be suitable for reuse by others except CITY on extensions of this project or on any other project. Any reuse without specific written verification and adoption by CONSULTANT for the specific purposes intended will be at user’s sole risk and without liability or legal exposure and expenses to CONSULTANT, including attorney’s fees arising out of such unauthorized reuse.
CONSULTANT’s records, documents, calculations, and all other instruments of service pertaining to actual project shall be given to CITY at the completion of the project. The CITY reserves the right to specify the file format that electronic document deliverables are presented to the CITY.
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10. INDEMNIFICATION.
A. For Design Professional Services Only. Pursuant to California Civil Code Section 2782.8, CONSULTANT agrees to indemnify the CITY (including its officers, officials, agents, employees and volunteers) against liability for claims against the CITY that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT in the performance of this Agreement. The CONSULTANT will reimburse the CITY for any expenditures, including reasonable attorney fees, incurred by the CITY in defending against claims ultimately determined to arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT.
B. For All Other Services. CONSULTANT agrees to defend, indemnify and hold harmless the CITY (including its officers, officials, agents, employees and volunteers) from and against all claims, demands, actions, losses, damages, injuries, and liability (including all attorney’s fees and other litigation expenses) arising out of the CONSULTANT’s performance under the terms of this Agreement. This indemnification obligation on CONSULTANT’s part shall not apply to the demands, actions, losses, damages, injuries, and liability arising out of the sole negligence or willful misconduct on the part of the CITY.
11. INSURANCE. CONSULTANT agrees to have and maintain the policies set forth in Exhibit B entitled “INSURANCE REQUIREMENTS,” which is attached hereto and incorporated herein. All policies, endorsements, certificates, and/or binders shall be subject to approval by the City Attorney as to form and content and shall be provided no later than thirty (30) calendar days following the execution of this Agreement by both parties. These requirements are subject to amendment or waiver only if so approved in writing by the CITY. A lapse in any required insurance coverage during this Agreement shall be a breach of this Agreement. The insurance contemplated under this provision shall remain in full force and effect during the term of this Agreement.
12. TIME OF PERFORMANCE. The time of performance of the services under this Agreement is of the essence, and all time deadlines identified in this Agreement or Scope of Services shall be strictly construed.
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13. SUSPENSION OF WORK. CITY may, at any time, by written notice, suspend further performance by CONSULTANT. All suspensions shall extend the time schedule for performance in a mutually satisfactory manner, and CONSULTANT shall be paid for services performed and reimbursable expenses incurred prior to the suspension date. During the period of suspension, CONSULTANT shall not receive any payment for services, or expenses, except for reasonable administration expenses, incurred by CONSULTANT by reason of such suspension.
14. TERMINATION. CITY may terminate this Agreement for any reason upon ten (10) days written notice to the other party. CITY may terminate the Agreement upon five (5) days written notice if CONSULTANT breaches this Agreement. In the event of any termination, CONSULTANT shall promptly deliver to the CITY any and all finished and unfinished reports or other written, recorded, photographic, or visual materials, documents, data, and other deliverables (“Work Materials”) prepared for the CITY prior to the effective date of such termination, all of which shall become CITY’s sole property. After receipt of the Work Materials, CITY will pay CONSULTANT for the services satisfactorily performed as of the effective date of the termination.
15. COMPLIANCE WITH CIVIL RIGHTS. During the performance of this contract, CONSULTANT agrees as follows:
A. Equal Employment Opportunity. In connection with the execution of this Agreement, CONSULTANT shall not discriminate against any employee or applicant for employment on the basis of any protected class pursuant to California law. Such actions shall include, but not be limited to, the following: employment, promotion, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection for training including apprenticeship.
B. Nondiscrimination Civil Rights Act of 1964. CONSULTANT will comply with all federal regulations relative to nondiscrimination in federally assisted programs.
C. Solicitations for Subcontractors including Procurement of Materials and Equipment. In all solicitation, either by competitive bidding or negotiations, made by CONSULTANT for work to be performed under a subcontract including procurement of materials or leases of equipment, each potential subcontractor, supplier or lessor shall be notified by CONSULTANT of
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CONSULTANT’S obligation under this Agreement and the regulations relative to nondiscrimination on the basis of any protected class pursuant to California law.
16. CONFLICT OF INTEREST.
A. CONSULTANT covenants and represents that neither it, nor any officer or principal of its firm, has, or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of CITY or which would in any way hinder CONSULTANT’s performance of services under this Agreement. CONSULTANT further covenants that in the performance of the Agreement, no person having any such interest shall be employed by it as an officer, official, agent, employee or subcontractor without the express written consent of the CITY. CONSULTANT agrees to at all times avoid conflicts of interest, or the appearance of any conflicts of interest, with the interests of the CITY in the performance of this Agreement.
B. CONSULTANT is not a designated employee within the meaning of the Political Reform Act because CONSULTANT:
(1) Will conduct research and arrive at conclusions with respect to its rendition of information, advice, recommendation or counsel independent of the control and direction of the CITY or of any CITY official, other than normal contract monitoring; and (2) Possesses no authority with respect to any CITY decision beyond the rendition of information, advice, recommendation or counsel. (2 Cal. Code Regs. § 18700(a)(2).)
17. COMPLIANCE WITH LAWS. CONSULTANT shall comply with all applicable Federal, State of California, and local laws, rules, and regulations and shall obtain all applicable licenses, including a business license with the City of Concord, and permits for the conduct of its business and the performance of the services.
18. CHOICE OF LAW. This Agreement shall be construed and interpreted in accordance with the laws of the State of California, excluding any choice of law rules which may direct the application of the laws of another jurisdiction. In the event that suit shall be brought by either party hereunder, the parties agree that trial of such action shall be held exclusively in a state court in the County of Contra Costa, California.
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19. NON-WAIVER. The waiver by either party of any breach of any term, covenant, or condition contained in the Agreement, or any default in their performance of any obligations under the Agreement shall not be deemed to be a waiver of any other breach or default of the same or any other term, covenant, condition, or obligation, nor shall any waiver of any incident of breach of default constitute a continuing waiver of same.
20. ENFORCEABILITY; INTERPRETATION. In the event that any of the provisions or portions of application of any of the provisions of the Agreement are held to be illegal or invalid by a court of competent jurisdiction, CITY and CONSULTANT shall negotiate an equitable adjustment in the provisions of the Agreement with a view toward affecting the purpose of the Agreement. The illegality or invalidity of any of the provisions or portions of application of any of the provisions of the Agreement shall not affect the legality or enforceability of the remaining provisions or portions of application of any of the provisions of the Agreement. This Agreement shall be interpreted as though it was a product of a joint drafting effort and no provisions shall be interpreted against a party on the ground that said party was solely or primarily responsible for drafting the language to be interpreted.
21. INTEGRATION. All exhibits identified in this Agreement are attached hereto and incorporated herein by reference. The Agreement contains the entire agreement and understanding between the parties as to the subject matter of this Agreement. It merges and supersedes all prior or contemporaneous agreements, commitments, representation, writings, and discussions between CONSULTANT and CITY, whether oral or written.
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22. SUCCESSORS AND ASSIGNS: NO THIRD PARTY BENEFICIARIES; NO JOINT VENTURE. CITY and CONSULTANT respectively, bind themselves, their successors, assigns, and legal representatives to the terms and obligations of this Agreement. CONSULTANT shall not assign or transfer any interest in the Agreement without the CITY's prior written consent, which consent shall be in the CITY’s sole discretion. Any attempted assignment or transfer in breach of this provision shall be void. This Agreement is not intended and shall not be construed to create any third party benefit. This Agreement is not intended and shall not be construed to create a joint venture or
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partnership between the parties. CONSULTANT, its officers, employees and agents shall not have any power to bind or commit the CITY to any decision.
23. FINANCIAL RECORDS. Records of CONSULTANT’s direct labor costs, payroll costs, and reimbursable expenses pertaining to this project covered by this Agreement will be kept on a generally recognized accounting basis and made available to CITY if and when required.
24. NOTICES. All notices required hereunder shall be in writing and mailed postage prepaid by certified or registered mail, return receipt requested, or by personal delivery to the CITY's address as shown below, or such other places as CITY or CONSULTANT may, from time to time, respectively, designate in a written notice given to the other. Notice shall be deemed received three (3) days after the date of the mailing thereof or upon personal delivery.
To CITY: Marie Suvansin, Economic Development Manager
Economic Development & Base Reuse Department
City of Concord
1950 Parkside Drive
Concord, CA 94519-2578
Phone: (925) 671-3048
Email: [email protected]
To CONSULTANT: Derek Braun, Principal
Strategic Economics, Inc.
2991 Shattuck Avenue, Suite 203
Berkeley, CA 94705
Phone: (510)647-5291 ext. 112
Email: [email protected]
25. NON-LIABILITY. No member of the CITY and no other officer, official, agent, employee or volunteer of the CITY shall be personally liable to CONSULTANT or otherwise in the event of any default or breach of the CITY, or for any amount which may become due to CONSULTANT or any successor in interest, or for any obligations directly or indirectly incurred under the terms of this Agreement.
26. EXECUTION . Each individual or entity executing this Agreement on behalf of Applicant represents and warrants that he or she or it is duly authorized to execute and deliver this Agreement on behalf of Applicant and that such execution is binding upon Applicant.
This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have
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been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.
IN WITNESS WHEREOF, the parties have executed this Agreement in one (1) or more copies as of the date and year first written above.
CONSULTANT CITY OF CONCORD, a Municipal
Corporation
By:_________________________________ By:______________________________ Name: Derek Braun Name: Valerie J. Barone
Title: Principal Title City Manager
Address: 2991 Shattuck Avenue, Suite 203 Address: 1950 Parkside Drive Berkeley, CA 94705 Concord, CA 94519
Telephone: (510)647-5291 ext. 112 Telephone: (925) 671-3150 Email: [email protected]
APPROVED AS TO FORM: ATTEST:
Susanne Meyer Brown Joelle Fockler, MMC
City Attorney City Clerk
FINANCE DIRECTOR'S CERTIFICATION:
Concord, California
Date:
I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEAR 2024-2025 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.
THE SUM OF $107,729. Account Code 10018101Z01-63800-400.
Finance Director's Signature
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EXHIBIT “B”
CONSULTANT shall procure and maintain for the duration of the contract insurance against claims from injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by CONSULTANT, their agents, representatives, employees or subcontractors.
MINIMUM SCOPE OF INSURANCE.
Coverage shall be at least as broad as:
1. Commercial General Liability Policy: CONSULTANT shall maintain during the term of this Agreement a commercial general liability insurance policy providing coverage of at least one million ($1,000,000) combined single limit per occurrence or two million ($2,000,000) aggregate limit for bodily injury, personal injury and property damage. The coverage shall contain no special limitations on the scope or protection afforded to CITY, its officers, officials, agents, employees, or volunteers. CONSULTANT’s insurance coverage shall be primary insurance with respect to CITY, its officers, officials, agents, employees, and volunteers. Any insurance, risk pooling arrangement, or self-insurance maintained by CITY, its officers, officials, agents, employees, or volunteers shall be in excess of CONSULTANT’s insurance and shall not contribute with it.
2. Automobile Liability Coverage. CONSULTANT shall maintain automobile liability insurance covering all vehicles used in the performance of this Agreement providing a one million dollar ($1,000,000) combined single limit per occurrence for bodily injury, personal injury, and property damage.
3. Professional Liability Coverage (Errors and Omissions). CONSULTANT shall maintain professional liability insurance with coverage for all negligent errors, acts or omissions committed by CONSULTANT, its agents and employees in the performance of this Agreement. The amount of this insurance shall be not less than one million dollars ($1,000,000) on a claims made annual aggregate basis or a combined single limit per occurrence basis.
4. Workers Compensation: CONSULTANT covenants that it will insure itself against liability for Workers' Compensation pursuant to the provisions of California Labor Code §3700, et seq.
CONSULTANT shall, at all times, upon demand of the CITY, furnish proof that Workers' Compensation Insurance is being maintained by it in force and effect in accordance with the California Labor Code. The insurer shall also agree to waive all rights of subrogation against the CITY, its officers, officials, agents, employees and volunteers for losses arising from work performed under this Agreement. This provision shall not apply upon written verification by CONSULTANT that CONSULTANT has no employees.
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If CONSULTANT maintains broader coverage and/or higher limits than the minimums shown above, the CITY requires and shall be entitled to the broader coverage and/or higher limits maintained by CONSULTANT. A lapse in any required insurance coverage during this Agreement shall be a breach of this Agreement.
The policies are to contain, or be endorsed to contain the following provisions:
1. Additional Insured. CITY, its officers, officials, agents, employees, and volunteers are to be covered as an additional insured as respects: Liability arising out of activities performed by or on behalf of CONSULTANT and operations of CONSULTANT, premises owned, occupied, or used by CONSULTANT. The coverage shall contain no special limitations on the scope or protection afforded to CITY, its officers, officials, agents, employees, or volunteers.
Except for worker's compensation and professional liability insurance, the policies mentioned in this subsection shall name CITY as an additional insured and provide for notice of cancellation to CITY. CONSULTANT shall also provide timely and prompt notice to CITY if CONSULTANT receives any notice of cancellation or nonrenewal from its insurer.
2. Primary Coverage. CONSULTANT'S insurance coverage shall be primary insurance with respect to CITY, its officers, officials, agents, employees, and volunteers. Any insurance, risk pooling arrangement, or self-insurance maintained by CITY, its officers, officials, agents, employees, or volunteers shall be in excess of CONSULTANT'S insurance and shall not contribute with it.
3. Reporting Provisions. Any failure to comply with the reporting provisions of the policy shall not affect the coverage provided to the CITY, its officers, officials, agents, employees, or volunteers.
4. Verification of Coverage. CONSULTANT shall furnish CITY with certificates of insurance and the original endorsements effecting coverage required by this Agreement. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The aforementioned policies shall be issued by an insurance carrier having a rating of Best A-7 or better which is satisfactory to the City Attorney and shall be delivered to CITY at the time of the execution of this Agreement or before work commences. Such policies and certificates shall be in a form approved by the City Attorney. CITY reserves the right to require complete certified copies of all required insurance policies at any time.
5. Inclusion in Subcontracts. To the extent any of the services required of CONSULTANT under this Agreement are subcontracted to a third party, CONSULTANT shall include all of the provisions of this Section in all such subcontracts as obligations of the subcontractor.
2991 SHATTUCK AVE, #203 | BERKELEY, CA. 94705 | P: 510.647.5291| STRATEGICECONOMICS.COM
CONCORD ECONOMIC DEVELOPMENT STRATEGIC PLAN
REVISED SCOPE OF WORK, SCHEDULE, AND BUDGET | JANUARY 13, 2025
SCOPE OF WORK
The Strategic Economics team will complete the following tasks.
1. Task 1: Project Startup and Management
• Review background materials and request available data. • Attend an in-person project initiation meeting with City staff and then tour the City with City staff.
• Hold bi-weekly meetings with City staff, or as needed, to discuss progress, project needs, and interim findings and recommendations.
• Deliverable: Final project schedule
2. Task 2: Housing & Economic Development Committee and City Council Meetings • Participate in three meetings of the Housing and Economic Development (H&ED) Committee. Anticipated meeting topics include: 1) input on a draft set of guiding principles; 2) review of existing conditions and review of SWOT analysis; 3) review and recommend approval of final EDSP document and Implementation of Actions matrix. • Attend up to two meetings of the full City Council.
• Deliverable: Meeting agendas and/or slides, as necessary
3. Task 3: Preparation of Guiding Principles
• Prepare a first draft of the guiding principles based on review of existing City policy documents, past direction from the City Council, and information from City staff. • Refine the guiding principles based on H&ED feedback and the quantitative and qualitative analysis work and preparation of the SWOT.
• Deliverable: Draft and final guiding principles document.
Attachment 5
Scope of Work, Budget, and Schedule to Complete Concord Economic Development Strategic Plan | January 13, 2025
2991 SHATTUCK AVE, #203 | BERKELEY, CA. 94705 | P: 510.647.5291| STRATEGICECONOMICS.COM
4. Task 4: Analysis, Existing Conditions Report, and SWOT Subtask 4.1: Workforce, Demographics, Major Industries, and Small Business Analysis • Analyze Concord’s significant industry sectors to gain an understanding of the performance of the City’s industries.
o Selectively analyze employment, industry, and business trends by examining local and regional trends and projections.
o Identify the city’s strengths to gain an understanding of the types, composition, and performance of industries in Concord relative to the region. • Connect these industry projections with local workforce conditions and demographics, by analyzing demographic and household characteristics of the Concord population and workforce compared to the East Bay and North Contra Costa County area. • Examine commute patterns of residents and workers in Concord via LEHD data. • Use City of Concord business license data to analyze the number and types of small and home-based businesses in the City, as possible with the available data.
Subtask 4.2: Commercial Real Estate Market Analysis
• Assess life science, office, and industrial tenanting opportunities and general retail market conditions, by combining the findings of the employment analysis with an assessment of market conditions and positioning of these uses in Concord. o Examine Concord’s competitive performance versus the surrounding market area, development activity, building types and conditions, and current major vacancies based on market and building-level data obtained via CoStar and local broker reports.
o Conduct interviews with area brokers to understand tenant attraction challenges and opportunities, both generally and for specific locations, development opportunity sites, and any major vacancies. o Explore mismatches between existing zoning and land use regulations versus business needs.
• Evaluate the performance and economic contribution of Concord’s hotels through analysis of market reports and transient occupancy tax revenues (provided by the City), and through interviews with hotel operators.
Scope of Work, Budget, and Schedule to Complete Concord Economic Development Strategic Plan | January 13, 2025
2991 SHATTUCK AVE, #203 | BERKELEY, CA. 94705 | P: 510.647.5291| STRATEGICECONOMICS.COM Subtask 4.3: Retail Analysis
• Prepare an analysis of citywide and subarea sales tax trends by store category, to the extent available data allows.
• Greensfelder Real Estate Strategy (GRES) will perform a health and performance check for up to three (3) centers or proposed retail projects identified based on analysis and stakeholder input.
o GRES will evaluate the project's competitive position in the overall marketplace including location, tenant mix, physical characteristics, and recommendations for long-term resilience going forward.
• GRES will also evaluate performance, challenges, and opportunities for Downtown Concord and Sunvalley Shopping Center. This evaluation will address competitive positioning, leasability, physical characteristics, and opinion about what can be done to support the long-term health (return to health) of each. • GRES will examine retail footfalls and destinations using placer.ai data:
o Build a heat map of retail footfalls in the city using placer.ai to identify major retail concentrations and inform possible changes to sales tax reporting geographies. This will need to be done venue by venue to build up a heat map, and the heat map will therefore not reflect all retail activity in the City but rather key retail nodes.
o Characterize up to five projects such as malls, shopping centers, and main street shopping districts identified as part of the scope of work and includes foot traffic comparing before the pandemic to the present, trade area each project draws from, and routes used by patrons to access each project. o Identify what are believed to be the top 10 retail destinations in the city. o List every store in the following categories: grocery, drug, general merchandise, food and beverage.
Subtask 4.4: Subarea Assessments and Opportunity Sites
Profile and provide analysis of areas with significant current or planned concentrations of employment and business activity in Concord. The analysis will examine:
• Subarea job locations and industry mix through mapping of major industry sectors (based on U.S. Census LEHD data).
• Building inventory through analysis of subarea commercial real estate data from CoStar.
• Stakeholder input regarding subarea trends, issues, and opportunities, gleaned from interviews with area brokers and stakeholders as part of the engagement activities.
Scope of Work, Budget, and Schedule to Complete Concord Economic Development Strategic Plan | January 13, 2025
2991 SHATTUCK AVE, #203 | BERKELEY, CA. 94705 | P: 510.647.5291| STRATEGICECONOMICS.COM • Potential development opportunity sites based on mapping of the ratio of improvement (building) value to land value (I/L ratio) (if assessor data is available) and site characteristics relative to recent development projects. • Use the results of these subarea analyses to identify the economic development opportunities represented at each area.
Subtask 4.5: Existing Conditions Report and SWOT Analysis • Develop a summary of existing conditions and an analysis of strengths, weaknesses, opportunities, and threats (“SWOT”) for attracting, retaining, and growing different categories of businesses in Concord that will maintain the City’s long-term economic health.
Task 4 Deliverable: Admin Draft Existing Conditions Report and SWOT Analysis; upon receipt of a single consolidated set of non-conflicting City comments, a final draft will be prepared and delivered.
5. Task 5: Stakeholder Focus Groups and Key Informant Interviews • Facilitate a series of up to six in-person (if occurring on no more than two days) or virtual stakeholder focus group meetings.
o Strategic Economics will facilitate each of the meetings, formulating specific topics and questions. It is assumed that City staff will contact all stakeholders to schedule and coordinate the focus group meetings.
• Conduct up to eight phone or virtual interviews with business community leaders representing different business types or industry sectors in Concord. • Task 5 Deliverables: Stakeholder outreach plan for City staff approval; notes from stakeholder focus groups and interviews (with summary findings to be incorporated in the Task 4 deliverable)
6. Task 6: Economic Development Strategic Plan and Implementation of Actions Matrix • Based on the findings of the SWOT analysis and feedback from the H&ED, prepare the Economic Development Strategic Plan with an Implementation of Actions matrix. o The EDSP will qualitatively describe impacts, costs, and implementation considerations for each strategy to assist staff and the H&ED to assess each concept.
o The EDSP will prioritize strategies and actions that achieve the guiding principles, and briefly describe relevant SWOT conclusions and future changes necessary to support retaining and expanding Concord’s existing and emerging major industry subsectors.
Scope of Work, Budget, and Schedule to Complete Concord Economic Development Strategic Plan | January 13, 2025
2991 SHATTUCK AVE, #203 | BERKELEY, CA. 94705 | P: 510.647.5291| STRATEGICECONOMICS.COM o The EDSP will incorporate subarea-focused strategies related to places with significant economic and business activity in Concord and will identify actions that accelerate investment in major development opportunity sites. o The Implementation of Actions matrix will identify prioritized citywide and subarea strategies and actions for the next five years and beyond, with schedule/phasing and identification of responsible leading and supporting parties.
• Task 6 Deliverable: EDSP and Implementation of Actions Matrix – Preliminary Admin Draft, Admin Draft, Public Draft, Final Draft
Schedule
The following schedule assumes a start date of February 1, 2025. The schedule is subject to refinement in agreement with City staff based on project needs.
Activity Months
Staff & Consultants: Project kickoff meeting February
H&ED mtg 1: Review draft guiding principles March
Staff & Consultants: Stakeholder focus groups and
interviews
March-April
Staff & Consultants: Analysis, existing conditions, and SWOT
February-April
H&ED mtg 2: Review existing conditions, review SWOT
analysis
May
Staff & Consultants: Draft EDSP & Implementation of
Actions Matrix
June-August
H&ED mtg 3: Review draft of EDSP & Implementation of
Actions Matrix
September
City Council: Review and adopt EDSP October
2991 SHATTUCK AVE, #203 | BERKELEY, CA. 94705 | P: 510.647.5291| STRATEGICECONOMICS.COM Budget
Tas k # Des cription
TO TAL
HRS
TO TAL
AMO UNT
TO TAL
HRS
TO TAL
AMO UNT
TO TAL
HRS
TO TAL
AMO UNT
1 Project Startup and Management 20 $4,860 8 $1,240 4 $476 32 $6,576 9 $3,015 9 $3,015 41 $9,591 2 H&ED and City Council Meetings 22 $5,346 20 $3,100 0 $0 42 $8,446 9 $3,015 9 $3,015 51 $11,461 3 Guiding Principles 6 $1,458 18 $2,790 0 $0 24 $4,248 0 $0 0 $0 24 $4,248 4 Analysis, Existing Conditions, SWOT 20 $4,860 91 $14,105 70 $8,330 181 $27,295 58 $19,430 58 $19,430 239 $46,725 5 Stakeholder Focus Groups & Interviews 16 $3,888 8 $1,240 0 $0 24 $5,128 9 $3,015 9 $3,015 33 $8,143 6 EDSP & Implementation of Actions Matrix 20 $4,860 60 $9,300 8 $952 88 $15,112 3 $1,005 3 $1,005 91 $16,117 Su b Total: Labor 104 $25,272 205 $31,775 82 $9,758 391 $66,805 88 $29,480 88 $29,480 479 $96,285 Oth er Direct Cos ts
Travel Expenses $1,100 $150 $1,250
Data $400 $0 $400
Su b Total - O ther Direct Cos ts $1,500 $150 $1,650
GRAND TO TAL $68,305 $29,630 $97,935
$335.00$243 $155 $119
David
Greensfelder,
Principal
Rate: Rate: Rate: Rate:
STRATE GIC E CO NO MICS GRES Gran d Total
Derek Braun,
Principal
Haight &
McKiernan,
Associates
Jorge Mariscal,
Research
Analyst
Agreement with Strategic
Economics for Economic
Development Strategic Plan
MARIE SUVANSIN, ECONOMIC DEVELOPMENT MANAGER
JANUARY 28, 2025
1
Background
➢Tier 1 Priority for Fiscal Year 2024-2025
➢Currently using Economic Vitality Strategy (1997)
2
Background (Continued)
➢Post-Pandemic Economic Trends
➢Hybrid or remote work schedules
➢Decreased demand for office space
➢Decreased daytime foot traffic in the downtown
➢Online shopping growing stronger
3
Procurement Process
➢Issued RFP on October 28, 2024
➢Received 10 responses by November 26, 2024
➢Selected Strategic Economics after panel review and
interviews
4
Elements of the Strategic Plan
Guiding
Principles
Stakeholder
Involvement
Existing
Conditions
Report/SWOT
Analysis
Economic
Development
Strategic Plan
5 • Housing & Economic Development (H&ED) Committee to serve as oversight body • City Council to review draft of Economic Development Strategic Plan before adoption
Guiding Principles
➢Guide development of the Economic Development
Strategic Plan
➢To be reviewed by H&ED Committee at first meeting
6
Stakeholder Involvement
➢Landlords and Real Estate Professionals
(Retail, Office and Industrial)
➢Major Tax-Generating Businesses
➢Small Businesses
➢Greater Concord Chamber of Commerce
➢Todos Santos Business Association
➢Monument Impact
➢Diablo Valley Tech Initiative
➢East Bay Economic Development Alliance
➢East Bay Leadership Council
➢Contra Costa Economic Development
Partnership
➢East Bay Small Business Development
Center
➢CocoKids
➢Mount Diablo Unified School District
➢Diablo Valley College
➢California State University, East Bay
➢Workforce Development Board of Contra
Costa County
7
Existing Conditions Report/SWOT Analysis
➢Workforce, Demographics, Major Industries and Small
Business Analysis
➢Commercial Real Estate Market Analysis
➢Retail Analysis
➢Subarea Assessments and Opportunity Sites
➢SWOT Analysis
8
Economic Development Strategic Plan
➢Strategies to achieve guiding principles, based on
stakeholder involvement and existing conditions
➢Citywide and subarea strategies
➢Implementation of Actions Matrix for 5 years and beyond 9
Schedule
10 Staff & Consultants: Project kickoff meeting
February
H&ED Meeting 1: Review of draft guiding principles
March
Staff & Consultants: Stakeholder focus groups and interviews March-April
Staff & Consultants: Analysis, existing conditions, and SWOT analysis February-April
H&ED Meeting 2: Review existing conditions and SWOT analysis May
Staff & Consultants: Draft the Economic Development Strategic Plan June-August
H&ED Meeting 3: Review draft of Economic Development Strategic Plan September
City Council Meeting 1 and 2: Review and adopt the Plan October
Budget
➢Budget = $97,935
➢With 10% contingency = $107,750
11
Council Action
➢Approve agreement with Strategic Economics to create
new Economic Development Strategic Plan in the amount of $107,750
12
13 Questions?
Staff Report
Date: January 28, 2025
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Mindy Gentry, Director of Community Development Prepared by: Meredith Rupp, Principal Planner
[email protected]
925-603-5890
Subject: Considering staff’s proposed work program to establish regulations addressing sidewalk vending.
CEQA: Not a project/exempt pursuant to CEQA Guidelines
Sections 15060(c), 15061(b)(3) and 15378, and/or Public Resources Code Section 21065.
Report in Brief
The City’s current municipal code prohibits all sidewalk vending within the City of Concord. Recent state legislation made a citywide prohibition on sidewalk vending illegal. The new state laws require cities to allow sidewalk vending but do allow cities to establish restrictions on the time, place, and manner of sidewalk vending and to require permitting. Because the current City code on sidewalk vending is inconsistent with state law, it is unenforceable. In the last year or two, the City of Concord (“City”) has experienced a significant influx of sidewalk vending and with this increase, the number of community member complaints related to sidewalk vending has increased. Concerns expressed include vendors creating health and safety hazards for the public. As a result, the Council identified the adoption and implementation of sidewalk vending regulations as a Tier 21 goal for this fiscal year.
1 A Tier 2 goal is a goal important to the Council that staff is directed to work on should staffing and financial resources allow. This is in contrast to a Tier 1 goal, that are goals staff is directed to prioritize for accomplishment above Tier 2 goals.
5.b5.b5.b5.b
City Council Agenda Report
Agenda Item No. 5.b
January 28, 2025
The Council is being requested to review and receive the proposed staff work plan to establish sidewalk vending regulations that confirm with state law and protect community health and safety.
Recommended Action
Consider staff’s proposed work program to establish regulations addressing sidewalk vending within the City of Concord.
Background
The state legislature passed Senate Bill (“SB”) 946 in 2018 and SB 972 in 2022, decriminalizing sidewalk vending statewide and establishing parameters around how local governments can regulate sidewalk vending2. State law defines a sidewalk vendor as “a person who sells food or merchandise from a pushcart, stand, display, pedal- driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one’s person, upon a public sidewalk or other pedestrian path.” State law allows local governments to restrict the time, place, and manner of sidewalk vending when tied to objective public health, safety, and welfare concerns; require permits for sidewalk vending; and impose administrative fines for vendor noncompliance.
Recognizing that sidewalk vending provides economic development opportunities for low-income and immigrant communities, state law also provides protections for sidewalk vendors, such as limiting the punishments for noncompliance (i.e., no criminal penalties), requiring adjudicators to consider a violator’s ability to pay, revising equipment requirements and expanding certain permitted food preparation practices to accommodate sidewalk food vendors, and accepting alternative sources of personal identification information other than a social security number.
The City’s current vending regulations do not allow sidewalk vending and are inconsistent with state regulations; therefore, those portions of the Concord Municipal Code (“CMC”) related to sidewalk vending on public property are unenforceable. To appropriately enforce and to address public health, safety, and welfare, the City must adopt new regulations that are consistent with state law to regulate sidewalk vending.
Coinciding with the recent changes to state law which made Concord’s local sidewalk vending prohibition illegal and unenforceable, and possibly stepped-up enforcement of sidewalk vending regulations in other Bay Area cities, the City of Concord has experienced an influx of sidewalk vending.
The Concord Police Department (“CPD”) and Conta Costa County Environmental Health Division (“CC Health”) have received complaints from business owners and residents about unlicensed and unpermitted vendors operating without proper health permits, vending in locations and during hours that negatively impact residential 2 Government Code Sections 51036-51039 and the California Retail Food Code
City Council Agenda Report
Agenda Item No. 5.b
January 28, 2025
neighborhoods and business access, leaving debris in public parks, and conducting their businesses in ways that create risks to public safety and welfare. Common complaints have included blocked sidewalks and business accessibility, fire hazards due to cooking over open flames, air quality impacts from the operation of generators, lack of proper hygiene and waste management, traffic impacts and noise in residential neighborhoods, blocked emergency access, and impeded access and enjoyment of recreational facilities.
According to the Concord Police Department, Monument Boulevard, Hillcrest Park, areas around the Solano Flea Market, the area around the Concord Pavilion during concert season, and Meadow Homes Park are areas of concentrated activity, but illegal street vending is a citywide issue.
In light of the community concerns and state legislation, Council identified the development of enforceable sidewalk vending regulations as a goal for Fiscal Year 2024-2025:
As a Tier 2 goal, the Council would like to adopt and implement sidewalk vending regulations that comply with new state regulations and achieve the Council’s quality of life goals by June 30, 2024.
Although not part of the Tier 2 goal, other vending regulations are discussed as part of this background section to provide context.
City of Concord Regulations
Throughout this staff report, the term “mobile vending” is used to refer to vending of food or goods at a location other than within a building or structure. The City currently regulates mobile vending in CMC Chapter 12.50 Vendors, Chapter 4.05 Conduct in Park and Recreation Areas, and Section 18.200.210 Food vendor group sites. The applicable regulations depend on the type and location of the vending. Below is a table explaining the various types of vendors and whether local enforceable regulations exist.
City Council Agenda Report
Agenda Item No. 5.b
January 28, 2025
Table 1: Mobile Vending Types and Regulations
Mobile Vending
Type
Located on
Public
Property
Located on
Private
Property
City has
current
enforceable
regulations
Notes
Non-motorized
vending of food or
goods on public
sidewalks and paths
(interchangeably
called “sidewalk
vending”)
X No City
regulations
prohibit this
use but City
regulations are
inconsistent
with state law
and therefore
unenforceable
Non-motorized
vending of food or
goods
X Yes More info
below.
Motorized vending of
food or goods (e.g.,
food trucks)
X X Yes More info
below.
Mobile vending
(motorized and non-
motorized) of food or
goods at special
events (e.g., Music
and Market, Farmer’s
Market)
X Yes City approval
required
through the
special events
permitting
process. More
info below.
Mobile vending
(motorized and non-
motorized) of food or
goods in parks (e.g.,
picnic sites, parking
lots)3
X Yes Recreation
Services may
allow mobile
vending with a
facility use
permit for
events (e.g.,
swim meet,
picnic
reservation)
3 When vending occurs on a sidewalk or pedestrian path in a park, state sidewalk vending regulations apply and supersede local regulations.
City Council Agenda Report
Agenda Item No. 5.b
January 28, 2025
Mobile non-motorized vending of food or goods on public sidewalks and paths (sidewalk vending):
The City’s current sidewalk vending regulations are unenforceable due to state law usurping our local regulations. Developing new enforceable regulations is the purpose of the work program being presented to Council in this report.
Mobile non-motorized vending of food or goods on private property:
The City has existing regulations that apply to mobile non-motorized vending of food or goods on private property. This use is not allowed unless authorized by the City. The authorization can occur as a food vendor group site with permission from the property owner when the vendor stays at one property and meets certain conditions (explained further in the section below) or through an administrative permit or minor use permit process, such as when a vendor wants to sell at a construction site (see CMC
12.50.030). In all other cases, these activities can be enforced against through the City’s code enforcement process.
Mobile motorized vending of food or goods on public or private property:
The City has existing regulations that apply to vending from motorized vehicles (e.g., food trucks) on private and public property. All vendors must apply for a City permit prior to initiating any motorized mobile vending operations, unless permitted as part of a special event (e.g., Farmers’ Market, Music & Market), as explained under Other Vending Scenarios. The City’s current regulations allow motorized mobile vending in the following cases:
• At construction sites, with limitations on the duration and frequency of visits, when the vendor has a written City permit (CMC 12.50.030(a)) • On public property not owned by the City (e.g., CalState East Bay Concord campus, County-owned property, school district property, etc.) if permission to vend has been granted by the property owner (CMC 12.50.030(a)) • In public parks and other City facilities when the vendor is licensed by the City as a concessionaire or when in some other manner authorized by the City (e.g., the Todos Santos Farmers’ Market agreement, Recreation Services facility use permits) (CMC 12.50.030(b))
• On streets with speed limits less than 35 miles per hour that are deemed suitable by City staff for vending from motor vehicles4 when the motor vehicle has a written City permit (CMC 12.50.030(c))
• On public or private property when approved as a food vendor group site subject to City requirements and conditions of approval (CMC 18.200.210) 4 Twelve streets with high traffic volumes and speeds are expressly prohibited from vending from a motor vehicle and City staff may designate additional prohibited locations in consultation with the Director of Engineering and Transportation. See (CMC 12.50.030(d).
City Council Agenda Report
Agenda Item No. 5.b
January 28, 2025
Mobile food vendor group sites are “sites with the stationary operation of one or more mobile food vendors clustered together on a single private or public property site during a specified time and in accordance with an approved permit.” Motorized and non- motorized vending can be permitted as a mobile food vendor group sites. As shown in the table below, food vendor group sites are allowed in six zoning districts with approval of a Minor Use Permit, which requires a public hearing when one is requested, and five zoning districts require an Administrative Permit approval. See Attachment 1 for a map of these areas.
Table 2: Permitted Zoning Districts for Food Vendor Group Sites Zoning District Permit Required
CMX, NC, SC, RC, DMX, & WMX5 Minor Use Permit
OBP, IBP, IMX, PQP, & PR6 Administrative Permit
All other Zoning Districts Not Permitted
If allowed by the zoning district, food vendor group sites may be permitted subject to the requirements listed below, unless otherwise stated in the conditions of approval. • Located at least 100 feet from public schools, parks, restaurants, and bars, as measured from the property line of the food vendor group site and the nearest property line with a school, park, restaurant, or bar.7 • Operate only within the hours of 7:00 a.m. to 6:00 p.m. and shall be cleared from the site by 10:00 p.m.
• Located within 200 feet of a functioning restroom facility that is available for employees and patrons of the food vendor group site.
• Located on dust-proof surfacing such as paving, asphaltic concrete, cement concrete, porous asphalt/concrete or the functional equivalent with adequate lighting and ongoing collection and disposal of waste.
• Ensure the site’s maintenance, cleanliness, security, and other requirements are met as outlined in the conditions of approval.
• Provide satisfactory site circulation and parking for the food vendor group site without impeding Americans with Disability Act (“ADA”) access or required parking for other businesses or uses on the property.
• Obtain and display a City of Concord business license and County Environmental Health Department permits as applicable.
5 Commercial Mixed-Use, Neighborhood Commercial, Service Commercial, Regional Commercial, Downtown Mixed-Use, and West Concord Mixed-Use
6 Office Business Park, Industrial Business Park, Industrial Mixed-Use, Public/Quasi Public, and Parks and Recreation
7 Exceptions to this requirement can apply for schools, if authorized by the school district, and parks, if authorized by the City.
City Council Agenda Report
Agenda Item No. 5.b
January 28, 2025
There are only five sites that have been approved to operate a food vendor group site, and no food trucks have been permitted outside of a food vendor group site in the last few years.
Other Vending Scenarios:
The City allows vending at special events and in parks through the following mechanisms:
• The Farmers’ Market operates through a contract with the City that is regularly renewed. Pacific Coast Farmers' Market is contracted to manage the Todos Santos Farmers’ Market, including recruiting vendors that comply with state and County regulations and health and safety standards. These vendors are not required to have local permits.
• Special events, such as Music & Market and Spring Brews, are authorized by the City via the special event permitting process.
• Recreation Services may permit motorized or non-motorized vending in parks in conjunction with a Recreation Services facility use permit, such as when a vendor is hired to serve a picnic site reservation or sporting event (e.g., pickleball tournament, swim meet).
Mobile food vendors operating on public or private property that operate outside of the situations stated as allowable above can be enforced against through City code enforcement when or private property or Concord PD when on public property.
Contra Costa County Regulations
Food vendor units (motorized or non-motorized) operating in Contra Costa County, on public or private property, require a Mobile Food Facility (“MFF”) health permit from CC Health with one exception. Pursuant to SB 972, Compact Mobile Food Operations (“CMFOs”) are exempt from the permitting requirements. CMFOs must meet certain criteria and fill out an attestation (see Attachment 2). A CMFO is a small, unenclosed, nonmotorized facility that sells whole fruits or vegetables or prepackaged food/beverages.
The penalty for food vendors operating without a valid health permit is a fine up to three times the cost of the permit fee, closure of the food facility, and other administrative actions as permitted by state law. At present, only County Health officials can issue this fine.8
Current City-Initiated Enforcement Efforts
Since July 2024, CPD has partnered with CC Health to perform monthly enforcement operations for all types of food vending in Concord (i.e., motorized or non-motorized and 8 The City could explore the legality of working with the County on allowing CPD to issue these fines.
City Council Agenda Report
Agenda Item No. 5.b
January 28, 2025
on public and private property) to educate food vendors regarding the permitting process and to enforce violations when vendors are operating outside the scope of existing County and City laws. Each weekly enforcement effort is approximately three- hours in length and performed by sworn officers and code enforcement staff working on overtime. The enforcement efforts move around so as to not be predictable but tend to concentrate on weekend evening hours and occasionally Saturday mornings. Each enforcement effort commonly results in contact with 10 to 12 vendors. Whenever possible, these enforcement efforts include CC Health staff. CC Health inspectors have issued cease and desist orders when mobile food vendors were operating without permits and provided vendors with educational materials in multiple languages explaining the regulations and permitting process for food vending. In some cases, unsafe foods were condemned and destroyed by CC Health inspectors.9 According to CPD, CC Health officials prefer to do enforcement in partnership with local jurisdiction staff and do not typically work outside normal business hours, making it difficult to perform joint enforcement more frequently or at times when vendors are most active, which is during the evening and weekends.
Key lessons compiled from the CPD after-action reports related to mobile motorized and non-motorized food vending enforcement actions are listed below. • Almost all vendors operating in Concord are non-English speakers with Spanish being their primary language. Having Spanish-speaking staff available for field work for both CC Health and CPD allowed for the most effective education and enforcement operations. In addition, at least one vendor encountered during field work did not speak English or Spanish but a Mayan language called Q’eqchi. • Some vendors have reported that the fee for obtaining a permit was a financial barrier that dissuaded them from obtaining a valid health permit from the County. • The different areas of expertise and different skillsets that CPD and CC Health staff possess are best suited for joint enforcement efforts; both entities are most effective when working together cooperatively, particularly because state law limits CPD from certain types of enforcement actions that are vested within the County Health Department.
• Almost all food vendors encountered during field operations were respectful, responded to direction, and understood they needed a County health permit to operate. Staff received very little pushback from vendors. Any pushback encountered was from potential customers who were upset they were now unable to purchase goods.
• Most Friday night vendors set up after 8:00 p.m., meaning enforcement and education operations to be effective must occur in the evenings. 9 CC Health has the authority to take these actions under the Health and Safety Code as a local health agency. Per state law, Concord PD is not an enforcement agency of the Retail Food Code and therefore does not have this authority.
City Council Agenda Report
Agenda Item No. 5.b
January 28, 2025
• The number of mobile food vendors encountered during the CPD weekly enforcement effort has decreased from the initiation of the enforcement program until now, from 18 to 7.
• Mobile food vendors are just that, mobile, and so when informed that their operations cannot occur in one location, they “pop up” in a different location or return later in the evening or on a different day to the same location.
Analysis
Proposed Work Plan
The key phases of the work plan are described below. These tasks are listed in roughly chronological order, but some may be ongoing through the planning process or occur simultaneously. This work plan includes feedback from Department Heads and Division Managers in the Community Development, Public Works, Recreation Services, and Police Departments, as well as feedback from the City Attorney and City Manager.
Following the description of key tasks is a staff’s tentative project schedule.
Task 1: Project Initiation and Management
Immediately after the work program review with Council, staff will initiate the project. It will be led by Meredith Rupp, Principal Planner, with oversight from the Community Development Director, Mindy Gentry, and City Manager, Valerie Barone. Ms. Rupp will be supported by the project team which will include staff from the Police Department, City Attorney’s office, Public Works, and Recreation Services Department.
Task 2: Existing Conditions and Best Practices Review
Staff will consult with CC Health and other jurisdictions that have implemented effective sidewalk vending regulations, and review materials to understand the current conditions, state law, and CC Health’s current permitting and enforcement process for food vending. Staff has already informally begun this process. Staff anticipates relying on the recently updated sidewalk vending regulations in Richmond, Brentwood, Los Angeles, Foster City, and likely other jurisdictions as yet to be identified. Staff will both review their ordinances and consult with their permitting, enforcement, and legal staff to identify regulations that may be well suited for Concord, as well as policies that may have not been successful.
Task 3: Community Engagement
Staff will initiate an interested parties list and identify community stakeholders. At a minimum, this list will include the Todos Santos Business Association, CC Health, Monument Impact, Pine Creek Homeowners Association, North Hillcrest Community Park neighborhood, Pacific Coast Farmer’s Market, and the Greater Concord Chamber of Commerce. Additionally, interested parties that ask to be
City Council Agenda Report
Agenda Item No. 5.b
January 28, 2025
included in the interested party list will be added. Staff will notify the parties on this list prior to all public meetings on the project.
Task 4: Policy Development
City staff propose to rely on their research in Task 2 to draft new sidewalk vending (non-motorized mobile food or merchandise vending that occurs on public sidewalks and paths) regulations that comply with state law and are therefore enforceable in Concord. The new regulations will focus on the time, place, and manner of permitted sidewalk vending and will establish a local permitting process and penalties for noncompliance. In addition, existing regulations pertaining to mobile vending in CMC 12.50 and Section 18.200.210 will be updated as needed to be consistent with the new sidewalk vending regulations. The exact approach will be informed by Tasks 2 and 3 above.
Task 5: Implementation
The Planning Division will lead the creation of educational materials with support from other departments. Upon adoption of a Sidewalk Vending Ordinance, City staff will immediately create application form(s), if applicable, and establish clear processes and procedures to implement the new regulations. A flyer will be created in English and Spanish for distribution to vendors by CPD and/or Code Enforcement Officers.
As required by state law, staff will create a hardship program for violators that cannot pay their citations. Staff will also work to establish, or, where possible, integrate a process for tracking data like complaints, infractions, and locations of vendors. CPD and Code Enforcement will be responsible for enforcement of the Ordinances, in partnership with the CC Health for Health Code compliance.
Planning staff will present an overview of the regulations and procedures to CPD, Recreation Services, Public Works, and any other relevant City or County staff so that enforcement bodies are aware of the updated regulations. Enforcement efforts, in terms of staffing needs and approach, will be discussed in more detail when specific policy is proposed to the Council for adoption.
Tentative Schedule
The following table provides a preliminary project schedule with the goal of having an adopted, enforceable Sidewalk Vending Ordinance by June 2025.
The Council could also consider a phased in approach to enforcement and allow for enforcement of the Sidewalk Vending Ordinances to begin after a grace or educational period to ensure vendor outreach occurs before vendors are subject to enforcement.
This would be discussed more when a draft of new regulations is brought before Council for review and adoption.
City Council Agenda Report
Agenda Item No. 5.b
January 28, 2025
Table 3: Tentative Project Schedule
Date Event/Task
October 2024 Task 1: Kickoff Meeting (Staff has already begun working on this project)
October 2024 –January
2025
Task 2: Existing Conditions Review (Staff has begun and made substantial progress on this Task).
January 2025 City Council Workplan Review
January-March 2025 Task 2: Best Practices Review (Staff has begun and made substantial progress on this Task)
March – June 2025 Task 4: Policy Development
• City Council Ordinance Introduction in April
• City Council Second Reading in May
• Ordinance goes live in June
June/July 2025 Sidewalk Vending Application and Implementation Materials Launched
Related Food Vendor Regulations (other than sidewalk vending regulations) • CMC 18.200.210(D) limits the distance food vendor group sites can be from certain uses (e.g., schools, parks, restaurants, bars). The distance is measured “from the property line of the ground site to the nearest property line” of the specified uses. This language is unclear and hard to implement, especially relative to bars and restaurants. Staff will be recommending a different, easier to implement approach at a later date.
Financial Impact
The following table outlines the major tasks of this effort with their cost and percentage of the total project budget. As this is a staff performed work program, all costs are due to City employee staff time. The costs are best estimates calculated using estimated hours per task and the FY2024-2025 City Employee Hourly Rates for Services as published in the City-wide Fee Schedule, which are fully loaded costs.
Table 4: Budget
Task Cost % of Total
Task 1. Project Management $16,000 18%
Task 2. Existing Conditions & Best
Practices Review
$5,400 6%
Tasks 3 and 4. Policy Development and
Community Engagement $28,100 31%
Task 5. Implementation $41,800 46%
TOTAL $91,300 100%
City Council Agenda Report
Agenda Item No. 5.b
January 28, 2025
The estimated staff costs of $91,300 would be funded via the General Fund, through each working staff member’s department’s operating budget. There is no need to identify additional funding to support the effort to develop new sidewalk vending regulations.
Environmental Determination
Pursuant to the California Environmental Quality Act of 1970, Public Resources Code §21000, et seq., as amended and the implementing CEQA Guidelines, Title 14, Chapter 3 of the California Code or Regulations (CEQA), the recommended action does not constitute a “project” within the meaning of Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c)(2) and/or 15378, because there is no potential that the action will result in a direct or reasonably foreseeable indirect or direct physical change in the environment.
Moreover, even if the recommended action did comprise a project for CEQA analysis, it would fall within the “common sense” exemption set forth in CEQA Guidelines Section 15061(b)(3), which excludes 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.” No unusual circumstances exist. Accordingly, no further environmental review is required. This determination reflects the City’s independent judgment and analysis.
Public Contact
The City Council Agenda was posted.
Attachments
1. Map of Permitted Zones for Food Vendor Group Sites
2. CC Health CMFO Flyer
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Attachment 1
Sidewalk Food Vendor Information
GETTING STARTED
Contra Costa Environmental Health is ready to
assist you. Bilingual staff and translation
services are available to help answer questions
and guide you through the permit process.
Additional information is also available online
at
https://www.cchealth.org/health-and-
safety-information/restaurant-
inspections/food-safety or scan QR code
below.
To apply for a health permit or
schedule a free consultation, please
contact us:
Phone: 925-608-5500
Email: [email protected]
2120 Diamond Boulevard Suite 100 | Concord, CA | 94520
What is a Compact Mobile
Food Operation (CMFO)?
A CMFO is a new type of mobile food facility
that is unenclosed, nonmotorized, and sells
whole produce, prepackaged food, and/or
conducts limited food preparation.
Easier to Get a Health Permit
As of January 1, 2023, the law was updated
to make it easier to obtain a health permit for
sidewalk food vendors and /f_irst-time
entrepreneurs. Certain operations may even
be exempt. Becoming a permitted food
vendor shows the community that the food
you sell is less likely to make people sick.
COMPACT MOBILE
FOOD OPERATION
04/14/2023
Attachment 2
NO PERMIT REQUIRED
• Whole, uncut produce and/or commercially
pre-packaged, non-potentially hazardous
food only
• 25 ft/two.numerator or less display area and back-up
inventory, in total
• Food is from an approved source
• Overhead protection
• Proper food storage at least 6” off ground
PERMIT REQUIRED
Pre-packaged,
non-potentially hazardous
food, more than 25 ft/two.numerator
Pre-packaged,
potentially hazardous
food
Limited Food Preparation
(no raw meat)
Limited Food Preparation
(with raw meat)
REQUIREMENTS
Access to commissary Options include: permitted permanent food facilities, churches, and community centers Food is from an approved source
Overhead protection
Proper food storage At least 6” off ground
Mechanical Refrigeration/Integral Equipment
Unsold food discarded at end of day
Food Handler Card
3 compartment sink (Not required if extra utensils
provided AND no handling of raw meat)
Handwash sink (Warm water not required if
no handling of raw meat)
Immediate service only
Sidewalk Vending Work
Plan
MEREDITH RUPP , PRINCIPAL PLANNER
JANUARY 28, 2025
1
Background
•State law (Gov Code Sect 51036-51039 and the California Retail Food Code) supersedes local regulations on sidewalk vending
•Influx of illegal vending and complaints from residents and business owners
•Council Tier 2 Priority
2
SB 946
Pertains only to sidewalk vending:
Selling food or merchandise “from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other
nonmotorized conveyance, or from one’s person, upon a
public sidewalk or other pedestrian path.”
3
SB 946
•Cannot prohibit or criminalize sidewalk vending but may require local permits and impose restrictions within set parameters
• Explicit allowances (e.g., prohibiting near farmers’ market, prohibiting stationary vending in residential neighborhoods) • Time, place, and manner restrictions based on objective health, safety, or welfare concerns
• Administrative fines
4
Other Vending Regulations are Still
Enforceable
5 Mobile Vending Regulations Permitting Process
Non-motorized vending on
private property
CMC 12.50.030(a)(2) or as a
Food Vendor Group Site in
certain zones (CMC
18.200.210)
Administrative permit or minor
use permit (depending on the
zoning district) required. Issued
by Planning.
Mobile (non-motorized and
motorized) vending in parks
when not on a sidewalk or
pedestrian path
CMC 4.05.020(a)(16) and CMC
12.50.030(b)(2)
Concessionaire agreement or
facility use permit required.
Issued by Recreation Services.
6 Mobile Vending Regulations Permitting Process
Motorized vending (e.g., food
trucks) on private property
CMC 12.50.030(a)(1) for
vendors at construction sites
CMC 18.200.210 for all other
cases
Written City permit required.
Issued by Planning.
Motorized vending (e.g., food
trucks) on public property (not a
park)
CMC 12.50.030(c) for vendors
on streets
CMC 18.200.210 for other
cases
Written City permit required.
Issued by Planning.
Other Vending Regulations are Still
Enforceable
7 Mobile Vending Regulations Permitting Process
Sidewalk vending (non-
motorized vending on public
sidewalks/paths)
State law supersedes local
regulations that are not compliant,
including CMC Chapter 12.50
Limited local enforcement options
available (e.g., ADA access)
County permit required for
most food vending
No applicable City permit
required
Sidewalk Vending Regulations Needed
Work Plan
1. Project Initiation and Management
2. Existing Conditions and Best Practices Review
3. Community Engagement
4. Policy Development
5. Implementation
8
Work Plan
1. Project Initiation and Management
• Involvement from multiple departments
• Oversight of Community Development Director and City
Manager
2. Existing Conditions and Best Practices Review
3. Community Engagement
4. Policy Development
5. Implementation
9
Work Plan
1. Project Initiation and Management
2. Existing Conditions and Best Practices Review
• CC Health Staff
• Analysis of other jurisdictions (e.g., Richmond, Brentwood, LA, Foster City)
3. Community Engagement
4. Policy Development
5. Implementation
10
Work Plan
1. Project Initiation and Management
2. Existing Conditions and Best Practices Review
3. Community Engagement
• Interested Parties and Community Stakeholders List
• Todos Santos Business Association, CC Health, Monument Impact, Pine Creek Homeowners Association, North Hillcrest Community Park neighborhood, Pacific Coast Farmer’s Market, Greater Concord Chamber of Commerce, sidewalk vendors with City business licenses
4. Policy Development
5. Implementation
11
Work Plan
1. Project Initiation and Management
2. Existing Conditions and Best Practices Review
3. Community Engagement
4. Policy Development
• New Sidewalk Vending Ordinance that is consistent with state law • Establish local permitting process and penalties for noncompliance • Regulate time, place, and manner of sidewalk vending
• Updates to CMC 12.50 and 18.200.210 for consistency and clarification
5. Implementation
12
Work Plan
1. Project Initiation and Management
2. Existing Conditions and Best Practices Review
3. Community Engagement
4. Policy Development
5. Implementation
• Permit process and application
• Spanish and English flyers
• Staff training
13
Schedule
14 Date Event/Task
October 2024 Task 1. Kickoff Meeting (completed)
October 2024-January 2025 Task 2. Existing Conditions Review January 2025 City Council Workplan Consideration
January-March 2025 Task 2 (continued). Best Practices Review March-June 2025 Task 4. Policy Development
• City Council Ordinance Introduction in April
• City Council Second Reading in May
• Ordinance effective in June
June/July 2025 Sidewalk Vending Application and Implementation Materials Launched
Council Direction
• Any other feedback on the workplan and approach?
15
Questions?
16
Staff Report
Date: January 28, 2025
To: City Council
From: Valerie J. Barone, City Manager
Prepared by: Justin Ezell, Assistant City Manager
[email protected]
(925) 671-3155
Subject: Announcing the Mayor’s appointment of two Councilmembers to serve on a Council Ad Hoc Committee to advise the City Manager on efforts to pursue State and Federal grants and other funding opportunities.
CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c),
15061(b)(3), 15262, 15273, and/or 15378
Report in Brief
Occasionally, funding opportunities for City projects and programs become available at the State or Federal level. However, due to limited staffing and the need to assess the cost-effectiveness of each opportunity, it is essential to thoughtfully prioritize which opportunities to pursue. A Council Ad Hoc Committee will provide guidance and advice to the City Manager on pursuing State and Federal grants and other funding opportunities throughout the calendar year 2025.
Recommended Action
That the Mayor appoint two Councilmembers to serve on a Council Ad Hoc Committee until December 31, 2025 to provide advisement to the City Manager regarding State and Federal grants and other funding opportunities.
Background
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
7.a
City Council Agenda Report
Agenda Item No. 7.a
January 28, 2025
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; • Are comprised solely of less than a quorum of the City Council (for a five member 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.
An Ad Hoc committee is not subject to notice and posting requirements, nor to holding public meetings, if the above requirements are followed.
Analysis
The proposed Ad Hoc committee meets all the requirements of City Council meeting procedures Section 4.53.d.
A Council Ad Hoc Committee will provide guidance and advice to the City Manager on pursuing State and Federal grants and other funding opportunities throughout the calendar year 2025. The Ad Hoc will meet as necessary until December 31, 2025.
Financial Impact
Creation of the Ad Hoc Committee has no financial impact; however, matters discussed may result in City Manager actions or recommendations to the City Council that have a monetary effect.
Environmental Determination
Pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(3), 15262, 15273, 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.” Public Contact
The City Council Agenda was posted.